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1991 02-11 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER FEBRUARY 11, 1991 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Reports 6. Approval of Agenda and 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 Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: �a. November 19, 1990 - Regular Session b. December 3, 1990 - Regular Session C. January 14, 1991 - Regular Session 8. Presentation: a. $6,050,000 G.O. Tax Increment Bonds 1. Authorizing and Awarding the Sale of, and Providing the Form, Terms, Covenants and Direction for $6,050,000 G.O. Tax Increment Bonds, Series 1991A, Pledging for the Security Thereof Certain Tax Increments and Authorizing Execution of a Tax Increment Pledge Agreement 9. Private Kennel Licenses: (7:30 p.m.) a. 6730 Dupont Avenue North (initial) b. 6915 Lee Avenue North (reconsideration) 10. Public Hearing: (8 p.m.) a. Regarding the Abatement of Nuisance and Hazardous Conditions of Real Estate at 6842 West River Road 11. Planning Commission Items: (8:15 p.m.) a. Planning Commission Application No. 91002 submitted by Group Health, Inc. requesting site and building plan approval to make a 1,387 sq. ft. addition to the northwest corner of the Group Health Clinic at 6845 Lee Avenue North -This application was recommended for approval by the Planning Commission at its January 31, 1991, meeting. CITY COUNCIL AGENDA -2- February 11, 1991 b. Planning Commission Application No. 90028 submitted by Twin View Development, Inc. requesting rezoning and site and building plan approval to rezone from I -2 to PUD /R1 and Open Space the 17.5 acre parcel of land owned by Soo Line located west of France Avenue North and south of 51st Avenue North -This application was considered by the Planning Commission at its December 6, 1990, regular meeting and referred to the Southwest Neighborhood Advisory Group for review and comment. The Southwest Neighborhood Advisory Group met to consider this matter on January 9, 1991, and recommended approval of the PUD application with some revisions. This application was recommended for approval by the Planning Commission at its January 31, 1991, meeting. C. Planning Commission Application No. 90029 submitted by Twin View Development, Inc. requesting preliminary plat approval to subdivide the Soo Line property into 27 single - family lots and two open space lots -This application was first considered by the Planning Commission at its December 6, 1990, regular meeting and was tabled at the applicant's consent. This application was recommended for approval by the Planning Commission at its January 31, 1991, meeting. 1. Plat Approval 2. Director of Public Works Report Regarding Subdivision Agreement 12. Ordinance: a. An Ordinance Amending Chapter 18 of the Brooklyn Center Code of Ordinances, Adding New Section 18 -103, Providing for the Issuance of Citations on the Surface of Twin Lakes -This item is offered this evening for a first reading. 13. Discussion Items: a. Park & Recreation Commission Recommendation Regarding Spring Cleanup Day b. Status Report Regarding Plans for Replacement of Lift Station No. 2 (at Lyndale Avenue /55th Avenue North) -Staff will present a report regarding the status of plans for this project and of negotiations with the Hennepin Suburban Parks District for use of park property. 1. Resolution Approving Agreement for Transfer of Properties CITY COUNCIL AGENDA -3- February 11, 1991 C. Proposed Special Legislation for Brooklyn Center's Housing Program 1. Resolution Recommending Special Legislation to Authorize the Use of Special Tax Levies to Fund Neighborhood Housing Programs in the City of Brooklyn Center d. Response to Municipal Aid Cutbacks by State of Minnesota 14. Resolutions: *a. Authorizing the Mayor and City Manager to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project *b. Accepting Work Performed under Contract 1990 -B (1990 Diseased Tree Removal Program) *c. Approving Purchase Agreements for 69th Avenue Right -of- Way, Improvement Project No. 1990 -10 *d. Appointing Commissioners to the Shingle Creek Watershed Management Commission *e. Appointing Commissioners to the West Mississippi Watershed Management Commission *f. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) 4 Wheel Drive Pickup - Approved in 1991 Park budget to replace a 1980 Jeep. *g. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Maintenance Tractor - Approved in 1991 Park budget to replace a 1964 International. *h. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) 33,000 GVW Cab /Chassis, Box and Hydraulics - Approved in 1991 Street budget to replace a 1979 International. *i. Approving Specifications and Authorizing Advertisement for Bids for Delivery of Two (2) 3/4 Ton Pickup Trucks - Approved in 1991 Street budget to replace a 1977 Ford and a 1980 Chevrolet. *j. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) Mobile Concession Stand - Approved in 1991 Park & Recreation budget. CITY COUNCIL AGENDA -4- February 11, 1991 *k. Approving Specifications and Authorizing Advertisement for Bids for Delivery of One (1) 1500 GPM Pumper and 50 Ft. Elevated Waterway - Approved in 1991 Fire Dept. budget. *1. Amending the 1991 General Fund Budget to Reappropriate BCA Grant Monies from Fund Balance M. Authorizing Sick Leave and Vacation Benefits for a New Police Officer n. Authorizing Vacation Leave Benefits for the City Assessor o. Authorizing Program for Offering Vaccinations to Certain Police, Fire & Recreation Employees p. Authorizing Execution of an Agreement with State Office of Drug Policy q. Accepting Bids and Authorizing Purchase of Three (3) Police Patrol Sedans, One (1) D.A.R.E. Van and One (1) Used Lease Vehicle *r. Awarding Liquor Liability Insurance Contract to the Transcontinental Insurance Company *s. Designating BHK &R as the City's Insurance Agent *t. Awarding Workers' Compensation Insurance Contract to the League of Minnesota Cities Insurance Trust (LMCIT) *u. Awarding Boiler and Machinery Insurance Contract to the Hartford Steam Boiler Inspection and Insurance Company *v. To Amend the 1990 and 1991 General Fund Budgets to Carry - Forward Unexpended 1990 Funds Appropriated for Kylawn and Northport Parks Trail Security Lighting to the 1991 Budget *w. Authorizing the Write -Off of the Balance of the Earle Brown Days Committee Accounts Receivable for Constitution Hall Signage 15. Performance Guarantee Release: *a. Ethan Allen Furniture Store, 5939 John Martin Drive *16. Licenses 17. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 19, 1990 CONSTITUTION HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Assistant Finance Director Charlie Hansen, City Engineer Mark Maloney, Public Works Coordinator Diane Spector, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum :session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - AUGUST 27 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 27, 1990, City Council meeting. The motion passed unanimously. APPROV OF MINUTES - NOVEMBER 6 1990 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the November 6, 1990, City Council. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90 -238 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -I, IMPROVEMENT PROJECT NO. 1990 -19, XERXES AVENUE SIDEWALK 11/19/90 -1- R The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -239 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -L, IMPROVEMENT PROJECT 1990 -23, WILLOW LANE PARK WATER MAIN REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -240 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET REPLACING THE EXISTING MIMEOGRAPH IN THE PARK AND RECREATION DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: CIGARETTE (OVER THE COUNTER SALES) Brooklyn Center Municipal Liquor #1 1500 69th Ave. N. Brooklyn Center Municipal Liquor #2 6250 Brooklyn Blvd. Brooklyn Center Municipal Liquor #3 1966 57th Ave. N. GASOLINE SERVICE STATION Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center Service "76" 6245 Brooklyn Blvd. Superamerica #4160 6545 West River Road Superamerica #4058 1901 57th Ave. N. MECHANICAL SYSTEMS Albers Sheet Metal 200 West Plato Blvd. Brady Mechanical Services, Inc. 3075 -C Spruce Street RENTAL DWELLINGS Initial: Duane Orn, M.D. 5407 Brooklyn Blvd. Charles & Sharon Ogren 3901 Burquest Lane James & Dawn Lundquist 5740 -44 Logan Ave. N. James & Kathleen Utecht 5900 Washburn Ave. N. Terry Hartmann 1300 - 68th Lane N. Valerie Blount 1316 - 68th Lane N. Renewal: 11/19/90 -2- I Michael J. Adkins 6315 Brooklyn Blvd. Ronald L. Nyberg 5301 Dupont Ave. N. Gary D. Anakkala 5412, 5412 1/2 Fremont Ave. N. Richard T. Stallman 1217 - 54th Ave. N. Eugene W. Hess 3218 63rd Ave. N. SIGN HANGER Anchor Signs, Inc. 1033 Thomas Avenue dba Universal Sign Company Signart Company, Inc. 2535 Pilot Knob Road The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Water Hookup Rates for Calendar Year 1991. RESOLUTION NO. 90 -241 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1991 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a resolution approving gambling licenses for the Brooklyn Center Lions Club. He noted these licenses would be for the following locations: Days Inn, Earle Brown Bowl, and Lynbrook Bowl. RESOLUTION NO. 90 -242 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING A CLASS B CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS, DAYS INN LOCATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -243 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING A CLASS B CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS, EARLE BROWN BOWL LOCATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 90 -244 Member Todd Paulson introduced the following resolution and moved its adoption: 11/19/90 -3- RESOLUTION APPROVING A CLASS B CHARITABLE GAMBLING LICENSE FOR BROOKLYN CENTER LIONS, LYNBROOK BOWL LOCATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE RECOMMENDATION REGARDING BROOKLYN BOULEVARD BETWEEN 49TH AVENUE AND T.H. 100 The City Manager explained in October of 1989, the City Council adopted a resolution which requested Hennepin County Department of Transportation ( HCDOT) to review existing conditions on CSAH 152 (Brooklyn Boulevard) between 49th Avenue North and T.H. 100. He noted the Council requested this action so that HCDOT could develop plans for safety and access improvements to the segment of roadway. The Director of Public Works stated HCDOT has responded to the City's request and briefly reviewed its letter of response dated September 12, 1990. He noted HCDOT believes installation of a traffic control signal system at the Brooklyn Boulevard /51st Avenue intersection is warranted by existing traffic volumes. He stated they also feel the existing traffic volumes do not warrant the installation of a traffic control signal system at the intersection of the south ramp terminal with Brooklyn Boulevard. He noted, however, if the existing T.H. 100 off -ramp for northbound traffic at 50th Avenue North is closed (as currently proposed by MNDOT), the resulting diversion of traffic to the T.H. 100 /Brooklyn Boulevard interchange would increase the volume of traffic using the intersection of the south ramp terminal with Brooklyn Boulevard to a level which would warrant the installation of a traffic control signal system at that intersection. Mayor Nyquist stated he did not understand why they believe a signal system at 51st and Brooklyn Boulevard is warranted but not one block north. The Director of Public Works stated he believed it is based primarily on traffic counts at 51st Avenue which is coming to and from Minneapolis. Councilmember Cohen stated with regard to the proposed resolution, he feels the paragraph pertaining to closure of the on- and off -ramps should be removed to allow staff time to investigate the level of support or opposition within the neighborhood. The City Manager stated the neighborhood seems to swing back and forth with mixed signals. He recommended neighborhood meetings be held after the T.H. 100 design is complete. Councilmember Pedlar stated he believes traffic coming off of northbound T.H. 100 to southbound Brooklyn Boulevard is heavier than the traffic traveling to or from Minneapolis. He stated he believes this area should be reviewed more closely. Councilmember Scott pointed out no definite plans can be made until the final plans for T.H. 100 are complete. Councilmember Paulson stated he feels this requested action is premature since there is no information on the T.H. 100 plans or the neighborhood's reaction. The City Manager stated the neighborhood has never had an interest in the intersection at 50th Avenue, only the intersection at 51st Avenue. The Director of Public Works stated if the Council so wished, action could be tabled this evening pending additional information. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar tabling action regarding Brooklyn Boulevard between 49th Avenue and T.H. 100. 11/19/90 -4- The motion passed unanimously. ADMINISTRATIVE TRAFFIC COMMITTEE RECOMMENDATION REGARDING 57TH AVENUE NORTH BETWEEN LOGAN AND HUMBOLDT AVENUE NORTH The City Manager noted in October of 1990, the Administrative Traffic Committee reviewed a citizen complaint regarding eastbound motorists on 57th Avenue using the south parking lane as a driving lane. He stated the Administrative Traffic Committee recommended that Hennepin County Department of Transportation ( HCDOT) review this situation and suggested that HCDOT consider the three elements outlined in the staff report. He noted after review by HCDOT they agreed to implement all of the Administrative Traffic Committee suggestions providing the City Council adopt a resolution prohibiting parking on the south side of 57th Avenue between Irving and Humboldt Avenues. RESOLUTION NO. 90 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROHIBITING PARKING ON SOUTH SIDE OF 57TH AVENUE NORTH BETWEEN IRVING AND HUMBOLDT AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously, ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He noted this amendment involves the rezoning from R5 to C2 and C1 of certain land owned by Howard Atkins, located at the southeast quadrant of T.H. 252 and 66th Avenue North. He stated this item was offered for a first reading on October 29, 1990, published in the City's official newspaper on November 7, 1990, and is offered this evening for a second reading. He stated staff recommends the public hearing be closed and consideration deferred until final legal documentation is received. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing. The motion passed unanimously. Councilmember Pedlar inquired how this would affect the proposed Fina station. The Director of Planning and Inspection stated the Planning Commission application was approved for this station; however, Fina has chosen not to move ahead with its plans. Councilmember Pedlar inquired if a gasoline service station is a permitted or special use in a Cl or C2 zone. The Director of Planning and Inspection stated it is a special use within a C1 or C2 zone. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar 11/19/90 -5- to table consideration of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land until final legal documentation is received. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter. He noted this ordinance amends the section pertaining to the passage of the annual budget. He stated this item was first read on October 15, 1990, published in the City's official newspaper on October 24, 1990, and is offered this evening for a second reading. He noted a unanimous vote by the Council is required for passage of this ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter. The motion passed unanimously. ORDINANCE NO. 90 -18 Member Jerry Pedlar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7 :50 p.m. and reconvened at 8:02 p.m. ORDINANCES (CONTINUED) The City Manager presented An Ordinance Adding Chapter 16 to the City Code of the City of Brooklyn Center Establishing a Storm Drainage Utility and Providing for the Establishment of Rates and Charges for the Use and Availability of the System. He noted this item was first read on October 29, 1990, published in the City's official newspaper on November 7, 1990, and is offered this evening for a second reading. The Director of Public Works reviewed the packet of information prepared for this agenda item. He noted that according to the watershed management plan calendar, local plans must be adopted by each City by 1993. He briefly explained the two Watershed Management Commissions in which Brooklyn Center belongs. He then reviewed the management issues which are facing the local cities and the Watershed Management Commission. He noted it is up to each City to develop local plans that are much more specific than the outline developed by the Watershed Management Commissions. He then went on to review a map of the existing storm sewer system within Brooklyn Center. He proceeded to review the proposed budget for the storm drainage utility system. The Public Works Coordinator stated that in 1985, Roseville was the first city 11/19/90 -6- to initiate this type of program. She noted staff carefully reviewed the City of Roseville's plan and modeled Brooklyn Center's proposed plan after Roseville's plan. She noted each parcel in Brooklyn Center was reviewed individually to see how it would fit into this program. She added the user fees would appear on the first utility bill for 1991. The City Manager noted the State has mandated this system and is urging the cities to implement user fees. He noted the money collected from these user fees must be used for improving and maintaining water quality. Councilmember Cohen pointed out it is yet another case of the State giving a mandate but not contributing funding for the mandate. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Adding Chapter 16 to the City Code of the City of Brooklyn Center Establishing a Storm Drainage Utility and Providing for the Establishment of Rates and Charges for the Use and Availability of the System. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Dan Ramirez, 6201 June Avenue North. Mr. Ramirez stated that he did not realize all storm drainage went into Shingle Creek. The City Manager stated that approximately two- thirds of the drainage runs off into Shingle Creek and the other third goes into the Mississippi River. Mr. Ramirez inquired if the money needed for this storm drainage utility system is over and above the tax increase noted by the County. The City Manager explained the statement Mr. Ramirez received from the County notes the maximum amount the City could levy. He explained it is possible the City will be levying less than the amount noted. Mayor Nyquist recognized Erick Johnson, 7013 Quail Avenue North. Mr. Johnson stated there is a manhole at the end of his driveway which is sinking. He noted the drainage in this area is very bad. The Director of Public Works stated he would contact Mr. Johnson regarding this issue. Mayor Nyquist recognized Dan McGroarty, 6312 Orchard Avenue North. Mr. McGroarty stated there are four drainage culverts near his house and noted during storms each one of these culverts back up. He noted he has been flooded four times in the last five years. He added he would like to know how long it will take for this to be fixed. The Director of Public Works noted the storm drainage system on Orchard Avenue east of Brooklyn Boulevard is undersized. He noted a special effort can be made to look at this particular site, and he believed that could be accomplished yet this year. He noted, however, it could be two to four years before this problem is actually fixed. Mayor Nyquist recognized Bernie Ackerson, 3713 53rd Place. Mr. Ackerson inquired if this would be a continuing assessment or if it would end after one year. He also inquired if an environmental assessment should have been done as development took place in Brooklyn Center. The City Manager stated this would be a continuing charge that would not end after a one -year period. Mayor Nyquist recognized Diane Lerbs, 5107 East Twin Lake Boulevard. She stated she believes anything that can be done to improve the quality of Twin Lake would be great. She stated she had some questions regarding the proposed budget for 11/19/90 -7- this system. She inquired if the local management plan fee would be dropping off to zero after 1992. She stated she believes the budget and fee should be reviewed annually and noted that five of six cities charge more than Brooklyn Center will be charging. The City Manager noted plans and projects will be identified and money will be needed to complete these projects. He noted the reserve and the money set aside for other capital projects must be used for storm drainage related projects and not for other items, such as purchasing squads or fixing parks. The Director of Public Works briefly reviewed the proposed budget for the storm drainage utility. Mayor Nyquist recognized Wallace Pehrson, 4812 71st Avenue North. Mr. Pehrson inquired where street sweeping costs are paid from at this time. The Director of Public Works stated at this time the street sweeping costs are paid from the general fund budget for the street department. Mayor Nyquist recognized Victor Henry, 5819 June Avenue North, who had some questions regarding large commercial and industrial sites. The City Manager explained that a skimming system is mandated with new development or redevelopment projects. The Director of Public Works explained that any commercial or industrial development greater than five acres must submit a plan to the Watershed Management Commission. Mayor Nyquist recognized Rita Bilek, 6858 Dallas Road. Ms. Bilek inquired if special assessments are levied for installation of storm sewers. The City Manager stated depending upon the type of project a special assessment could be levied. I Nyquist Mayor N t in uired if there was anyone else wh o wished to address the Y Yq inquired Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing on An Ordinance Adding Chapter 16 Regarding Storm Drainage Utility to the City Code of the City of Brooklyn Center. The motion passed unanimously. Councilmember Paulson cautioned once the storm drainage utility is established the City cannot allow it to get out of control. Councilmember Cohen pointed out he feels this is an excellent step forward to ensure water quality. He noted that the money raised through this utility will allow the City to accomplish things that could not be done through the general fund. ORDINANCE NO. 90 -19 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE ADDING CHAPTER 16 REGARDING STORM DRAINAGE UTILITY The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. 11/19/90 -8- RESOLUTION NO. 90 -246 Member Celia Scott introduced the following resolution and moved its adoption: ORDINANCE ADDING CHAPTER 16 TO THE CITY CODE OF THE CITY OF BROOKLYN CENTER ESTABLISHING A STORM DRAINAGE UTILITY AND PROVIDING FOR THE ESTABLISHMENT OF RATES AND CHARGES FOR THE USE AND AVAILABILITY OF THE SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:52 p.m. and reconvened at 10:04 p.m. DISCUSSION ITEMS (CONTINUED) STAFF REPORT REGARDING WATER RATES The Director of Public Works briefly reviewed the 1990 water utility rates study. He noted City ordinances do not require the rates be considered at a public hearing. He noted the study recommends the City Council consider establishing rates for 1991, 1992, and 1993, and direct staff to conduct another rate study in 1993. He noted the rates being proposed will keep the City in the black until the year 2000. Councilmember Pedlar stated it troubles him that the City is constantly digging into the residents' pockets for more money. Councilmember Paulson noted although the City has the lowest water rates, they also have the poorest water quality. RESOLUTION NO. 90 -247 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. STAFF REPORT REGARDING SANITARY SEWER RATES The Director of Public Works briefly reviewed the 1990 sanitary sewer utility rates study. He noted City ordinances do not require the rates be considered at a public hearing. He noted the City recommends the Council consider establishing rates for the years 1991, 1992, and 1993, and direct staff to conduct another rate study in 1993. RESOLUTION NO. 90 -248 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. 11/19/90 -9- ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:18 p.m. Deputy City Clerk Mayor 11/19/90 -10- ,-j l l � 4 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 DECEMBER 3, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, and Todd Paulson. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. Mayor Nyquist stated Councilmember Pedlar would be absent from this evening's meeting. INVOCATION The invocation was offered by Mr. Jim McCloskey of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. APPROVAL OF CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - NOVEMBER 13. 1990 - WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the November 13, 1990, City Council work session. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING DECEMBER 9 -15, 1990, AS NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS WEEK The moton for the adoption of the foregoing proclamation was duly seconded by member Todd Paulson, and the motion passed unanimously. 12/3/90 -1- 1 RESOLUTIONS RESOLUTION NO. 90 -249 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET AND AWARDING BID FOR A RESCUE SAW FOR THE FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -250 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF EQUIPMENT AND AUTHORIZING TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -251 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1991 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -252 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -253 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 12/03/90) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -254 Member Celia Scott introduced the following resolution and moved its adoption: 12/3/90 -2- � J RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF MIMEOGRAPH EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded b P g g Y Y member Todd Paulson, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: AMUSEMENT DEVICE - VENDOR Mark John Haider 3630 Admiral Lane CHRISTMAS TREE SALES LOT Warners True Value Hardware 2105 57th Ave. N. CIGARETTE (OVER THE COUNTER) Brooklyn Center Service "76" 6245 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Ck. Pkwy. Brooklyn Center Post Office 6848 Lee Ave. N. Christy's Auto Service 5300 Dupont Ave. N. Northern States Power 4501 68th Ave. N. Wes' Amoco 6044 Brooklyn Blvd. LODGING ESTABLISHMENT Earle Brown Heritage Center 6155 Earle Brown Drive Econo Lodge 6445 James Circle RENTAL DWELLING Initial: Robert & Bonnie Healy 5517 Bryant Ave. N. Timothy J. Gramling 5245 Drew Ave. N. Mary Jo Schwanz 5322 Logan Ave. N. Pam Johnson 5500 Logan Ave. N. Gerald & Diane Fignar 3312 O'Henry Road Judy Judge 6715 Perry Ave. N. Robert & Fern Will 3416 50th Ave. N. Selwin & Odelia Ortega 610 53rd Ave. N. Renewal: Mrs. Rena Johnson 5324 Bryant Ave. N. Jerry Tyson /Randall Tyson 5137 -39 France Ave. N. Walt Halberg 6835 Fremont Place C & C Properties 5812 James Ave. N. Delores Hanson 7210 Perry Court E. Walt Halberg 1326 67th Lane TAXICAB 12/3/90 -3- x Suburban Yellow 3555 5th Ave. S. The motion passed unanimously. Councilmember Cohen arrived at 7:04 p.m. APPROVAL OF MINUTES - OCTOBER 15 1990 - REGULAR. SESSION There was a motion by Councilmember Paulson and seconded by Mayor Nyquist to approve the minutes of the October 15, 1990, City Council meeting. The motion passed. Councilmember Scott abstained from the vote. PRESENTATIONS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Mayor Nyquist recognized Patty Wilder from Northwest Hennepin Human Services Council. Ms. Wilder presented a brief slide show which discussed some of the programs operated by Northwest Hennepin Human Services Council. Councilmember Cohen stated he feels the City of Brooklyn Center is fortunate to have a group like the Northwest Hennepin Human Services Council. REGIONAL TRANSIT BOARD - LIGHT RAIL TRANSIT Mayor Nyquist recognized Michael Erlichman, Chairman of the Regional Transit Board. Mr. Erlichman stated he would like to encourage the Council's involvement with transportation issues. He noted Brooklyn Center has unique needs and noted its association in the past with Minneapolis and St. Paul. EDA Coordinator Brad Hoffman entered the meeting at 7:45 p.m. Mr. Erlichman stated the RTB is about ready to complete its work on the coordination plan as directed for the light rail transit system. He noted there is no absolute guarantee for the amount of ridership. Mr. Erlichman presented a video for the Council's review. Councilmember Paulson thanked Mr. Erlichman for coming to this evening's meeting. He noted the City of Brooklyn Center is looking at the effect on Brooklyn Center because of the proposed route for the light rail transit system. He stated the City Council feels there is a need to service regional areas that attract a number of people such as Brookdale. He noted the dial -a -ride service could be used as a feeder to the LRT. Mr. Erlichman stated he agrees with Councilmember Paulson and stated he would anticipate Brookdale being a transit hub. He noted before any corridor is constructed, the communities will have the opportunity to discuss their concerns. He added he would have a difficult time supporting this particular corridor without a terminus at Brookdale. He added there will be an opportunity to make adjustments to the corridor routes. Councilmember Cohen inquired if the regional transit board has any idea of the operational cost and what it will cost the City. He noted Brooklyn Center's pressing needs at this time are housing not transportation. Mr. Erlichman stated the RTB is currently estimating 45% to 55% fare box return. RESOLUTIONS (CONTINUED) 12/3/90 -4- The City Manager presented a Resolution Amending the 1990 General Fund Budget for the Communitiy Energy Project. The City Manager noted the City of Brooklyn Center acts as the "pass through agency" for funds from the State to West Hennepin Human Services Planning Board for coordination and implementation of the community energy program. He explained it is necessary to amend the budget to officially recognize these transactions. RESOLUTION NO. 90 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET FOR THE COMMUNITY ENERGY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. Councilmember Paulson left the meeting at 8:12 p.m. The City Manager presented a Resolution Approving Agreement with Northern States Power Company for Installation of Street Lights on West River Road Improvement Project No. 1988 -18. He briefly reviewed the agreement which is contained in the City Council packets. RESOLUTION NO. 90 -256 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY FOR INSTALLATION OF STREET LIGHTS ON WEST RIVER ROAD IMPROVEMENT PROJECT NO. 1988 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Change Order Nos. 1 and 2 to Contract 1989 -I, West River Road Reconstruction Improvement Project No. 1988 -18. He referred the Mayor and City Councilmembers to the report prepared by the Director of Public Works. RESOLUTION NO. 90 -257 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2 TO CONTRACT 1989 -I, WEST RIVER ROAD RECONSTRUCTION IMPROVEMENT PROJECT NO. 1988 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Change Order No. 1 to Contract 1990 -E, Traffic Control Systems at Intersections of Freeway Boulevard with Shingle Creek Parkway, at Freeway Boulevard with Humboldt Avenue North and at 65th Avenue North with Dupont Avenue North, Improvement Project Nos. 1988 -25, 1990 -11 and 1990 -12. He referred the Mayor and City Councilmembers to the report 12/3/90 -5- prepared by the Director of Public Works. RESOLUTION NO. 90 -258 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1990 -E, TRAFFIC CONTROL SYSTEMS AT INTERSECTIONS OF FREEWAY BOULEVARD WITH SHINGLE CREEK PARKWAY, AT FREEWAY BOULEVARD WITH HUMBOLDT AVENUE NORTH AND AT 65TH AVENUE NORTH WITH DUPONT AVENUE NORTH, IMPROVEMENT PROJECT NOS. 1988 -25, 1990 -11 AND 1990 -12 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented a Resolution Approving Change Order No. 2 to Contract 1990 -D, Freeway Boulevard /65th /66th Avenues North Street Improvements, Improvement Project Nos. 1989 -26A and 1989 -26B. He referred the Mayor and City Councilmembers to the staff report prepared by the Director of Public Works. RESOLUTION NO. 90 -259 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2 TO CONTRACT 1990 -D, FREEWAY BOULEVARD /65TH /66TH AVENUES NORTH STREET IMPROVEMENTS, IMPROVEMENT PROJECT NOS. 1989 -26A AND 1989 -26B The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Change Order Nos. 1 and 2 to Contract 1990 -C, Replacement of Lift Stations 4, 5 and 7, Improvement Project No. 1989 -07. He referred the Mayor and City Councilmembers to the staff report prepared by the Director of Public Works. RESOLUTION NO. 90 -260 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2 TO CONTRACT 1990 -C, REPLACEMENT OF LIFT STATIONS 4, 5 AND 7, IMPROVEMENT PROJECT NO. 1989 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. Councilmember Paulson returned to the meeting at 8 :17 p.m. The City Manager presented a Resolution Amending the 1990 General Fund Budget and Authorizing the Purchase of a Bar Code Scanner. RESOLUTION NO. 90 -261 Member Celia Scott introduced the following resolution and moved its adoption: 12/3/90 -6- RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET AND AUTHORIZING THE PURCHASE OF A BAR CODE SCANNER The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:20 p.m. and reconvened at 8:35 p.m. DISCUSSION ITEMS MNDOT'S PUBLIC SCOPING MEETINGS REGARDING T.H. 100 RECONSTRUCTION The Director of Public Works stated MNDOT will hold "public scoping meetings" on December 5 and December 6, 1990. He noted the purpose of these hearings is to identify issues and analysis which will be contained in the next step of its project development process. He noted the next step is preparation of a detailed environmental impact statement. He then went on to review the various alternate configurations prepared by MNDOT and the alternate design which was prepared by Short, Elliott, Hendrickson. He stated he would recommend the City Council adopt the proposed resolution supporting alternates for A and for E. He added he would recommend that alternate B be studied further with the suggested modifications. Councilmember Scott pointed out all alternates without modifications would have the City move its lift station. She inquired if it would be possible for the City to just pick one alternate and pass this along to MNDOT. The Director of Public Works stated the City Council could do that; but if MNDOT finds a problem with that one alternate, it would have no other choices. Councilmember Scott stated she is concerned with giving too much latitude to MNDOT. The Director of Public Works added that relocation of City utilities would be at MNDOT's cost. There was a discussion regarding the various modifications to the proposed resolution. There was a general concensus among Councilmembers that items one, two, and three contained in the proposed resolution would be modified by staff to reflect the City Council's opinions. Councilmember Paulson stated he felt a number 5 should be added requesting MNDOT to also consider the LRT configurations that may be necessary for service to Brookdale. RESOLUTION NO. 90 -262 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING PROPOSED RECONSTRUCTION OF T.H. 100, AND REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCLUDE MODIFICATIONS OF BASIC DESIGN ALTERNATES INTO THE SCOPE OF IMPROVEMENTS TO BE CONSIDERED IN THE PRELIMINARY DESIGN PHASE AND IN THE ENVIRONMENTAL IMPACT STATEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADMINISTRATIVE TRAFFIC COMMITTEE RECOMMENDATION REGARDING BROOKLYN BOULEVARD BETWREEN 49TH AVENUE NORTH AND T.H. 100 The City Manager noted this item had been continued from the November 19, 1990, 12/3/90 -7- City Council agenda. He noted, however, Councilmember Pedlar requested this item be tabled again until he can be present. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to table consideration of the Administrative Traffic Committee recommendation regarding Brooklyn Boulevard between 49th Avenue North and T.H. 100. The motion passed unanimously. HUMBOLDT /CAMDEN TASK FORCE IMPLEMENTATION PLAN The City Manager explained apparently this item was inadvertently omitted from the agenda packets. He recommended tabling this to a later date. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to table consideration of the Humboldt /Camden Task Force Implementation Plan. The motion passed unanimously. 1991 MEETING SCHEDULE The City Manager noted there are two proposed schedules before the Council this evening. Councilmember Scott stated she feels the Tuesday evening schedule would allow more time for review of the agenda materials. Mayor Nyquist inquired if Councilmember elect - Rosene would have any problems with a Tuesday evening schedule. Mr. Rosene stated he would not have a problem with Tuesday evening meetings. Councilmember Paulson stated in the past he has had RTB meetings on Tuesday evenings, and they occasionally run past 7 p.m. He inquired if Councilmember Pedlar expressed a preference for Monday or Tuesday. The City Manager stated Councilmember Pedlar had not mentioned this issue. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to table consideration of the 1991 meeting schedule to the December 5, 1990, City Council meeting. The motion passed unanimously. PARK AND RECREATION COMMISSION RECOMMENDATIONS The City Manager noted Councilmember Pedlar expressed support for both proposals recommended by the Park and Recreation Commission. He noted the first recommendation from the Park and Recreation Commission was to rename the arboreeum located north of Kylawn Park as the "Eugene H. Hagel Arboretum." He noted Mr. Hagel served as Park and Recreation Director from 1957 until his retirement in 1985. He stated Mr. Hagel played an instrumental role in the development of the City's existing park system. He added if the City Council approves this recommendation, the commission has suggested the City hold a dedication ceremony in the spring of 1991, possibly on Arbor Day. Mayor Nyquist stated he has some concerns with naming any building or property after someone. He inquired where the City would draw the line. Councilmember Paulson inquired if there is any other property or building that has been named after someone. The City Manager explained in the past it has been the City's policy not to name buildings or property after someone. He stated the Park and Recreation Commission is asking for the Council's reconsideration on this one issue. Councilmember Cohen stated he felt since there was no written policy regarding this, then the issue could be dealt with on a case -by -case basis. 12/3/90 -8- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to rename the arboretum as the "Eugene H. Hagel Arboretum." The motion passed with Mayor Nyquist opposed. The City Manager stated the second recommendation from the Park and Recreation Commission was for the City to commit $15,000 plus labor for enhancements to the Evergreen Park Elementary School playground. He stated he is recommending referral of the proposal to the City Manager for review and cooperative work with Anoka Hennepin School District officials and Evergreen Park Elementary School PTO to determine the playground needs in the Evergreen Park area. He stated he would come back with a more specific proposal from the school district. Councilmember Scott inquired where the money would be taken from to fund this project. The City Manager stated it would be taken from the capital improvements fund. There was a motion by Councilmember Scott and seconded by Councilmember Cohen referring the Evergreen Park Elementary School playground additions proposal to the City Manager for review and cooperative work with Anoka Hennepin School District officials and Evergreen Park Elementary School PTO to determine the playground needs in the Evergreen Park area. The motion passed unanimously. OTHER BUSINESS The City Manager stated he would recommend the Council's support of James Krautkremer for a seat on the Metropolitan Council. Councilmember Paulson inquired what the City of Brooklyn Park is doing. Mayor Nyquist stated Brooklyn Center has never followed Brooklyn Parks' lead before, and he doesn't believe they should start doing so at this point. He added that Mr. Krautkremer is the only one interested at this point anyway. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare a letter for the Mayor's signature supporting James Krautkremer for a seat on the Metropolitan Council. The motion passed unanimously. The City Manager noted he included with the Council packet information regarding the process used in the past for appointment to a Council vacancy. He noted the City Council must make an appointment within 30 days of the vacancy or a special election would occur. He noted it was necessary to get this process started as soon as possible. He stated he would recommend taking applications through December 21 or 28 and making the appointment at the second meeting in January. Councilmember Paulson stated he felt setting a deadline of December 21 would not allow enough time. A discussion then ensued regarding the application due date. There was a motion by Councilmember Scott and seconded by Councilmember Paulson authorizing acceptance of applications for the vacant Council seat until 4 :30 p.m. on December 31, 1990. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:47 p.m. Deputy City Clerk Mayor 12/3/90 -9- r 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 JANUARY 14, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:03 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, and Dave Rosene. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, Deputy City Clerk Patti Page, and Council Secretary Ann Odden. Assistant EDA Coordinator Tom Bublitz arrived at 10 p.m. FLAG CEREMONVINVOCATION The Webelos Pack #540 from Fair Oaks School performed the flag ceremony followed by the invocation by Mayor Paulson who asked that a moment of silence be observed for the Persian Gulf crisis. OPEN FORUM Mayor Paulson noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS - COMMISSION LIAISONS Mayor Paulson explained the new Council agenda format which will include Council Reports as an item. He explained this item will give Councilmembers a chance to report on various activities and meetings attended. He also indicated resolutions will be moved further down on the agenda so that items which are apt to generate citizen interest and attendance will be discussed earlier in the meeting. Councilmember Scott invited all Councilmembers to attend the D.A.R.E. Program graduation ceremonies. 1/14/91 1 APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired Y requests uired if there were an to remove an item from the consent agenda. The City Manager requested item 11a be removed from the consent agenda. RESOLUTION NO. 91 -03 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN CASEY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -04 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LOUIS SULLIVAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -05 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO ANIMAL CONTROL: AMENDING RESOLUTION NO. 90 -190 AUTHORIZING MEMBERSHIP OF THE CITY IN PETS UNDER POLICE SECURITY (PUPS) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 1/14/91 - 2 - Y RESOLUTION NO. 91 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -08 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) D.A.R.E. VAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: BOWLING ALLEY Beacon Bowl 6525 Lyndale Ave. N. CIGARETTE (OVER THE COUNTER SALES) Brooklyn Center Amer. Legion 4307 70th Ave. N. Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Duke's Amoco 6501 Humboldt Ave. N. Gift Shop, Too (Day's Inn) 1501 Freeway Blvd. GASOLINE SERVICE STATION Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Duke's Amoco 6501 Humboldt Ave. N. Total Petroleum, Inc. 6830 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT Orchard Lane Elem. School 6201 Noble Ave. N. 1/14/91 - 3 - LODGING ESTABLISHMENT Brookdale Motel 6500 West River Road Budgetel Inn 6415 James Circle Days Inn 1501 Freeway Blvd. OFF -SALE NONINTOXICATING LIQUOR Jerry Enterprises 5801 Xerxes Ave. N. d/b /a Jerry's New Market POOL AND BILLIARDS TABLES Days Inn 1501 Freeway Blvd. PUBLIC DANCE Days Inn 1501 Freeway Blvd. RENTAL DWELLINGS Initial: Muchtar Sajady 7205 Perry Court East Renewal: Real Estate Equities Brookside Manor Apartments John and Diane Stephens 3824 Burquest Lane H. E. Homes, Inc. 6804 Fremont Place H. E. Homes, Inc. 6809 Fremont Place Jerry and Karen Fobbe 4811 Lakeview Ave. N. Swanson Investments 7230 West River Road Swanson Investments 7250 West River Road Edward C. Sass 5101 -03 Xerxes Ave. N. Howard and Harriet Oien 3606 58th Ave. N. SWIMMING POOL Brighton II Ltd. Ptnshp. Timber Ridge Apartments 607 Camden Ave. N. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Paulson indicated two members of the Park and Recreation Commission wished to be reappointed to serve another term. There are no further vacancies on the commission. 1/14/91 - 4 - Mayor Paulson stated three members of the Housing Commission wished to be reappointed to serve another term. He commented a City Council liaison would need to be appointed to this commission. Mayor Paulson noted he would like to defer the appointments of members to the Human Rights and Resources Commission and the Planning Commission to a later date, as it was necessary to discuss the vacancies with current members. Councilmember Rosene moved the appointment of Bud Sorenson and John Russell to the Park and Recreation Commission, the appointment of Nicholas Eoloff, Pamela Frantum, and John Kalligher to the Housing Commission, and the deferring of Human Rights and Resources Commission and Planning Commission appointments to a later date. The motion was duly seconded by Councilmember Scott, and the motion passed unanimously. COUNCIL VACANCY APPOINTMENT The City Manager outlined to the Council the four -stage process for selecting a councilmember to fill the vacancy created by former Councilmember Paulson's election to the mayor's seat. He stated there were nine candidates to be considered on the ballot, those candidates being: Ulyssess Boyd, Steven K. Bowe, Nancy Carlson, Benjamin Noah Bridges, Donn Escher, Jon Perkins, Kathleen Carmody, Beverly Wolfe, and Philip Cohen. The City Manager indicated this field of candidates would be narrowed to three with the first ballot and narrowed to one with a second unofficial ballot. He stated there were a number of tie - breaking provisions included in the process. Councilmember Pedlar thanked all candidates for the interest they had shown on behalf of the City. Mayor Paulson concurred, noting there was a high level of interest in the vacancy, and that the quality and quantity of candidates was excellent. Councilmember Scott thanked the candidates for the time they had spent meeting with various people during the interview process. Mayor Paulson commented on the decision to appoint a councilmember rather than hold a special election for the , noting this procedure would serve the best interests of the citizens of Brooklyn Center and save money as well. Following four rounds of unofficial balloting, Philip Cohen was chosen to fill the councilmember position. 1/14/91 - 5 - RESOLUTION NO. 91 -09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION MAKING AN APPOINTMENT TO FILL THE VACANCY ON THE COUNCIL CREATED BY THE ELECTION OF COUNCILMEMBER PAULSON TO THE MAYOR'S SEAT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Councilmember Rosene presented resolutions expressing appreciation for the time and interest of the candidates for the Council vacancy. RESOLUTION NO. 91 -10 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT ULYSSESS BOYD The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -11 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT STEVEN K. BOWE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -12 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT NANCY CARLSON The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 1/14/91 - 6 - RESOLUTION NO. 91 -13 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT BENJAMIN NOAH BRIDGES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -14 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT DONN ESCHER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -15 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT JON PERKINS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -16 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT KATHLEEN CARMODY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -17 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR COUNCIL APPLICANT BEVERLY WOLFE 1/14/91 - 7 - The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. DISCUSSION ITEMS PROCEDURES REGARDING PETITIONS FOR PUBLIC IMPROVEMENTS The City Manager reported on the City's current policy regarding petitions for public improvements, stating petition forms have been issued by the City in response to requests from one or more proponents of the project. The forms prepared by the City have included the following: a petition for approval of the proposed improvement, a petition for denial of the proposed improvement, information regarding costs and assessments, and information regarding notification procedures. The City had requested the proponents to share this information with all affected property owners. The Director of Public Works indicated the purpose of this procedure was to provide the City with a reasonably accurate poll of the opinions of the property owners. However, it did not always work well resulting in some confusion and cases where the apparent results of this petition process conflicted with the opinions of the property owners expressed at a later stage of the proceedings. To avoid or reduce these problems, City staff recommended adoption of a new procedure whereby individual petitions along with information on costs and notification procedures would be sent directly to all affected property owners. Property owners would have an adequate opportunity to evaluate the information and to "vote" for or against the improvement in the privacy of their own homes and return the petition by mail. The City Attorney suggested an interim step of this procedure might be requesting the City Council to review the proposed improvement. Councilmember Rosene indicated he felt the new procedure was a good idea. Councilmember Scott concurred and questioned whether or not the petitions would then be returned to the City. The City Manager indicated they would. Mayor Paulson asked how the proposed new process compares with methods used in other communities. The Director of Public Works stated the procedure varies, but indicated he was not aware of other Cities who use this process. He suggested it might be helpful to other communities as well. Mayor Paulson commented the new procedure would be more efficient for City staff as well as providing an opportunity for more citizen input. RESOLUTION NO. 91 -18 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROCEDURE FOR PETITIONING FOR PUBLIC IMPROVEMENTS 1/14/91 - 8 - The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and the motion passed unanimously. STATUS REPORT REGARDING 69TH AVENUE STREET RECONSTRUCTION PROJECT NO. 1990 -10 The Director of Public Works presented a status report regarding the 69th Avenue street reconstruction project No. 1990 -10. He reviewed right -of -way acquisition, plan development, neighborhood meetings, plan and permit approvals by various agencies, consultant contracts, cost estimates, and project schedule. The Director of Public Works stated property acquisition is on schedule and within budget. The City has purchased ten of 23 properties needed and is getting appraisals on remaining parcels. Regarding the Brooklyn Boulevard /69th Avenue intersection, he stated City staff has negotiated a two -step implementation plan with Hennepin County staff. The design calls for four lanes of traffic. He noted by changing the design somewhat, re- striping, and adding new signals, it would be possible to postpone major reconstruction, and postpone some property acquisition, as Hennepin County does not yet have a firm plan. Councilmembers discussed the matter of the two westbound lanes in the configuration. Councilmember Pedlar questioned why HC -DOT had recommended the two lanes. Councilmember Rosene indicated it would appear to be expensive and without sufficient benefit. The Director of Public Works stated HC -DOT's recommendations were based upon observations of the overall operation of the intersection. The Councilmembers then discussed the east leg of the configuration. A painted median instead of raised concrete was advised here to avoid additional future reconstruction. The Director of Public Works noted that the potential to affect businesses twice existed here. He stated it would be best to use the right -of -way from one side of the street rather than from each side. The Councilmembers reviewed the businesses in the area and concurred that Pilgrim Cleaners would be particularly affected. Councilmember Pedlar questioned whether or not the traffic lights eastbound by Pilgrim Cleaners would be staggered. Glenn VanWermer, traffic engineer from SEH, indicated they would remain as they are. A right turn on red would be permitted after stopping. Councilmember Rosene pointed out this would limit access to Pilgrim Cleaners. The City Manager stated the management of Pilgrim Cleaners was aware of this and was in agreement with the proposed plan. He indicated the plan would buy time for the City in terms of the eventual configuration of the intersection and minimize the risk of losing future investment. The Director of Public Works concurred and commented it could be years before the City receives a firm commitment from Hennepin County in regard to the intersection. As the 1992 plan requires acquisition of right -of -way, he stated it would be advisable to purchase now. 1/14/91 - 9 - Councilmember Rosene questioned the efficiency of the traffic lights in the east and west directions. The Director of Public Works stated the current sequence is relatively new and is expected to perform better than the previous one. The Council briefly discussed alternative plan layouts which have been developed for the various segments of the project. These are being presented for review and discussion at neighborhood meetings. One such alternative would widen the median to allow for plantings. Councilmember Pedlar commented he supported a parkway concept with additional greenery and questioned the practicality and maintenance required. The Director of Public Works stated grass cannot be maintained adequately on less than 10 feet of median. For sustaining trees, the median needs to be considerably wider. Councilmember Pedlar indicated he would prefer to see planting in the boulevards rather than in the median. The Director of Public Works then reviewed work in the Palmer Lake area. He noted numerous permits need to be acquired from state and federal agencies for work in the area due to the wetlands. It is also necessary to replace wetlands at a ratio of 1 acre used to 1 1/2 acres replaced. Meetings have been held with these agencies to clarify these issues so as to allow the City to properly prepare the applications for these permits. Councilmember Scott expressed concern about a dangerous bike crossing in the area and was informed correcting it was not in the project. However, if the bridge is replaced in the future, the problem will be corrected at that time. The Director of Public Works stated the ro'ect is on schedule from a time and budget P J standpoint. He stated no action by the Council was requested at this time. RECESS The Brooklyn Center City Council recessed at 9:14 p.m. and reconvened at 9:26 p.m. ORDINANCE The City Manager indicated a public hearing was required for the second reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The City Manager explained the proposed ordinance was to amend an existing ordinance for clarification purposes. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to close the public hearing. The motion passed unanimously. 1/14/91 - 10 - ORDINANCE NO. 91 -01 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS (CONTINUED) DISCUSSION OF T.H. 100/FRANCE AVENUE INTERSECTION DESIGN The Director of Public Works presented a discussion of the T.H. 100/France Avenue Intersection Design for the Council. Using maps, he outlined four alternatives which had been considered for the future design of the intersection. He indicated a diamond interchange in a revised version of Option E had tentatively been agreed upon. This concept would necessitate the acquisition of Denny's Restaurant. He recommended the Council indicate their preference for the future by approving the design concept. The City Manager stated the design under consideration would affect some apartment buildings at the south end of the intersection as well as a few residences. Councilmember Scott indicated that lannin for e intersection had been ongoing for P g the b quite some time and questioned whether or not the design would actually be implemented soon. The Director of Public Works agreed but indicated it was helpful for planning purposes to know the design this intersection was likely to have in the future. He indicated MNDOT would like to assess the possible environmental impact now and have designs approved so when funds become available the work can proceed at an earlier date. Councilmember Scott moved to concept accept the design t of the T.H. 100/France Avenue g P Intersection as recommended by staff. The motion was seconded by Councilmember Rosene and passed unanimously. REPORT ON 1990 ACTIVITIES OF THE ADMINISTRATIVE TRAFFIC COMMITTEE The Council briefly discussed the report provided by Staff in regard to the City's Administrative Traffic Committee outlining their 1990 activities. Councilmember Scott indicated citizens are pleased with the attention their requests have received from the committee and stated the group saves the Council time. She complimented the committee on a job well done. The Council concurred with her remarks. The City Manager noted there was no action required on the matter. 1/14/91 ASSIGNMENT OF CLAIMS - CENTERBROOK GOLF COURSE LAND TITLE DISPOSITION Councilmember Pedlar moved to authorize the Mayor and City Manager to execute an assignment of claims in the Centerbrook Golf Course Land Title Disposition as recommended by staff. The motion was seconded by Councilmember Scott and passed unanimously. RESOLUTIONS (CONTINUED) The Finance Director read the following tribute to former City Clerk Darlene Weeks and requested it be entered into the record: "Our City Clerk, Darlene Weeks, passed away on December 21st after a long battle with cancer. Darlene had been an employee of the City for eighteen years and actively employed until approximately a week before her death. I'd like to think that growing up in a small rural town on the windswept plains of western Minnesota molded the calm, quiet courage that Darlene exhibited in her battle. I'd like to think that -- because we shared that home town. Although many years before her - -as she so often loved to remind me and tell others. I'd like to think that some of that same molding would rub off on me. But I'm sure that was only one small part of the development of character that allowed Darlene to face her illness with courage and a resolve to continue to live her life as normal as possible. Much more important was her family training and deep religious faith. I'm sure that during Darlene's battle, which included two lengthy sessions of chemotherapy treatments, there were many times when there was the temptation to throw in the towel, stay home, and feel sorry for herself. She never did that- - and earned the admiration and respect of everyone that knew what she was going through. She never complained, but instead kept a positive attitude in all she did. Darlene was a very private person. Because of that, she avoided telling people of her illness and shared the pain with very few. As recent as the November election, she continued to carry out her duties - -so well and so professionally that some of the election judges that worked beside her never knew that she was ill. Unfortunately, because of her determination to live the normal life, she never did retire and there was no retirement party which would have given the opportunity for those who worked with her to say the many good things that we wanted to say about her and, as in most retirement parties, maybe some of the not -so -good things. 1/14/91 - 12 - So tonight I would just like to state for the record that Darlene Weeks has earned the love, admiration, and respect of those with whom she worked. Her dedication to her job and to her co- workers, her positive attitude, and the example she set in facing adversity will serve as an inspiration to all who knew her. Darlene will be sorely missed and truly remembered by all of her co- workers." RESOLUTION NO. 91 -19 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DARLENE K. WEEKS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar and the motion passed unanimously. The City Manager presented a Resolution Approving Plans and Specifications and Directing Advertisement for Bids - Landscaping on West River Road between 66th and 73rd Avenues North, Improvement Project No. 1990 -25, Contract 1991 -A. The Director of Public Works referred to the staff report on the matter which indicated landscaping was not included in the general construction contract because it was believed that the City would obtain much better results by having this work done under a separate contract. Sue Mason of Short - Elliott Hendrickson Inc. (SEH) presented completed plans and specifications for installation of the landscape plantings. She indicated the selection of plantings was made on the basis of several criteria including durability of the species, salt and drought tolerance, low maintenance, appearance, and screening purposes. She stated treatments are proposed for the west boulevard (between the curb line and the trail), at the face of the retaining wall, and on the east side (i.e. the property owner side), and described the types of plantings proposed for each area. Ms. Mason indicated two open houses were held in December to receive input from property owners in the area. She estimated the total contract cost to be $106,590 if the trees and shrubs were to be installed balled and burlaped. She estimated the total contract cost at $99,440 if the bare root method of planting were used. Councilmember Rosene commented he had attended one of the open house meetings, and the citizens seemed pleased with the plans. Mr. Knapp and Councilmember Pedlar concurred, commenting they had heard many positive comments on the proposed landscaping. 1/14/91 - 13 - Councilmember Rosene suggested the placement of placards near the landscaping to describe the type and function of each planting. The City Manager stated it is hard to maintain such signs but indicated that perhaps signs could be placed at both ends of the project. RESOLUTION NO. 91 -20 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS - LANDSCAPING ON WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1990 -25, CONTRACT 1991 -A The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Joint Powers Agreement for the Formation of the Twin Lakes Joint Powers Organization. He referred to the staff report on the matter which noted the City is one of three communities which border sections of Twin Lake. The proposed agreement has been drafted for the purpose of providing joint patrolling of Twin Lake. He stated staff recommended approval of the agreement. RESOLUTION NO. 91 -21 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR THE FORMATION OF THE TWIN LAKES JOINT POWERS ORGANIZATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Awarding Contract for the Annual Audit. He stated staff recommended the certified public accounting firm of Deloitte and Touche be retained for three more years (1990, 1991, and 1992). He indicated Deloitte and Touche had conducted the City audit for the previous three years, and he believed the City Council and staff had been pleased with the firm. The City Manager explained requesting proposals from accounting firms each year is expensive and impractical, and suggested reviewing proposals at five or six year intervals. Councilmember Pedlar expressed concern that awarding a longer term contract might have the effect of decreasing competition and thus resulting in higher audit costs. The Finance Director stated he believed requesting proposals every year would encourage firms to submit an artificially low price at the onset in order to obtain business as the lowest bid 1/14/91 - 14 - and then increase prices each year to make up the difference. In addition, working with new auditors so frequently would greatly increase costs due to the time - consuming process of familiarizing new firms with the City's financial transactions. In response to Councilmember Pedlar's question, the Finance Director explained five or six years is the average length of an audit contract with an accounting firm. Councilmember Pedlar stated he would like information on the costs incurred in changing firms. The Finance Director indicated the City could cancel the contract after the current year if they were dissatisfied with the firm. Mayor Paulson stated that due to time constraints, it was important the City select an accounting firm so the 1990 audit could proceed. The Finance Director concurred. RESOLUTION NO. 91 -22 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AWARDING CONTRACT FOR THE ANNUAL AUDIT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager briefly reviewed a Resolution Approving Purchase of a Microcomputer. He reported it was recommended a microcomputer and new word processing software be purchased at an estimated cost of $2,300. RESOLUTION NO. 91 -23 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF A MICROCOMPUTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager noted a report had been received from the Housing Commission in regard to Housing Commission Resolution No. 91 -1, which formally accepts the recommendations of the Southeast Neighborhood Advisory Committee for Adoption of a Southeast Neighborhood Action Agenda and Creation of the Earle Brown Neighborhood Housing Advisory Committee. Councilmember Rosene commented he had attended a meeting of the ongoing advisory committee and believed the recommendations were well thought out. The Councilmembers concurred. 1/14/91 - 15 - RESOLUTION NO. 91 -24 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE BROOKLYN CENTER HOUSING COMMISSION CONTAINED IN HOUSING COMMISSION RESOLUTION NO. 91 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Scott moved the appointment of an ongoing advisory committee called the Earle Brown Neighborhood Housing Advisory Committee to implement the items contained in the Action Agenda and consider any additional housing issues from the Housing Implementation Plan which are pertinent to the southeast neighborhood, with the committee to be made up of those members recommended by staff. The motion was seconded by Councilmember Rosene and passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:35 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 1/14/91 - 16 - Member introduced the following resolution and moved its adoption: RESOLUTION NO. BEING A RESOLUTION AUTHORIZING AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR $6,050,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1991A, PLEDGING FOR THE SECURITY THEREOF CERTAIN TAX INCREMENT AND AUTHORIZING EXECUTION OF TAX INCREMENT PLEDGE AGREEMENTS BE IT RESOLVED BY THE CITY COUNCIL (THE "COUNCIL ") OF THE CITY OF BROOKLYN CENTER, MINNESOTA (THE "ISSUER ") AS FOLLOWS: Section 1. Recitals 1.01 The Housing and Redevelopment Authority in and for the City of Brooklyn Center, Minnesota (the "HRA") has heretofore adopted and this Council has duly approved on April 11, 1983, a Tax Increment Financing District (the "Housing District "), and Tax Increment Financing Plan ( "Housing Plan ") pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act ") within the Housing Development Project - Brutger (the "Housing Project ") created pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "Redevelopment Act ") for the purpose of financing or otherwise paying public redevelopment costs. 1.02 The HRA has heretofore adopted and this Council has duly approved on July 22, 1985, a Tax Increment Financing District (the "Redevelopment District ") and Tax Increment Financing Plan (the "Redevelopment Plan ") pursuant to the TIF Act within the Earle Brown Farm Redevelopment Project (the "Redevelopment Project ") created pursuant to the Redevelopment Act for the purpose of financing or otherwise paying public redevelopment costs. 1.03 The Economic Development Authority of Brooklyn Center, Minnesota (the "EDA") was organized and authorized to exercise its powers pursuant to Minnesota Statutes, Sections 469.090 to 469.108, on November 9, 1987. The responsibility for the administration of the Housing Project and Redevelopment Project was transferred from the HRA to the EDA. The EDA has adopted and this Council has duly approved on the date hereof modifications to: (a) the Redevelopment District and Redevelopment Plan within the Redevelopment Project. The EDA and the Council propose to further modify the Housing Plan prior to the closing of the sale of the Bonds. 1.04 The Director of Property Taxation of Hennepin County has certified the Adjusted Original Tax Capacity Value of all taxable property in the Housing District and Redevelopment District (together herein the "Districts "). 1.05 Based upon present and anticipated tax capacity rates for ad valorem taxes to be levied on taxable property in the Districts, the Council hereby determines that the annual tax increment expected to be derived from the Districts are expected to average approximately $1,444,000. 1 RESOLUTION NO. Section 2. Award of Sale; Terms of Bonds 2.01 Affidavits showing publication of notice of call for bids for the sale of the Issuer's $6,050,000 General Obligation Tax Increment Bonds, Series 1991A (the "Bonds ") in the official newspaper of the Issuer and in Northwestern Financial Review have been examined and have been approved and ordered placed on file. The following bids for the sale of the Bonds were received: [Attached] 2.02. After considering the bids received, the Issuer hereby awards the sale of the Bonds to (the "Purchaser ") as the bidder offering the lowest net interest cost by its bid to purchase the Bonds at a price of $ plus accrued interest to the date of delivery, the Bonds to bear interest at the rates per annum set forth below. The City Manager of the Issuer is directed to retain the good faith check of the Purchaser pending delivery of and payment for the Bonds, and to return the checks of the unsuccessful bidders. 2.03. The Issuer shall issue the Bonds in the aggregate principal amount of $6,050,000 dated March 1, 1991, as fully registered bonds without coupons. The Bonds shall be in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount of a single maturity, shall be numbered from R -1 upwards in order of issuance, and shall bear interest at the rates set forth below, payable semiannually on each February 1 and August 1, commencing August 1, 1991, and shall mature on February 1 in the years and amounts as follows: Year Amount Interest Year Amount Interest 1992 $ 250,000 1999 $ 400,000 1993 350,000 2000 400,000 1994 350,000 2001 425,000 1995 350,000 2002 425,000 1996 375,000 2003 550,000 1997 375,000 2004 1,425,000 1998 375,000 2.04 All Bonds maturing on or after February 1, 2001, shall be subject to redemption and prior payment in whole or in part in such order of maturity and by lot within maturity at the option of the City on February 1, 2000, and any date thereafter at a price of par and accrued interest. Thirty days' prior notice of redemption shall be given by first -class mail to the Registrar and to the registered owners of the Bonds, and notice of redemption will be published in the manner provided by Chapter 475, Minnesota Statutes. Upon notice having been so given, the Bonds or portions of Bonds therein specified shall be due and payable at the stated redemption date and price, and upon funds for such payment being held by or on behalf of the Registrar for such payment on the specified redemption date, interest thereon shall cease to accrue after such redemption date. No defect in the mailed notice of redemption shall affect the validity of the call for redemption of any Bond. 2 RESOLUTION NO. 2.05 The Bonds shall be payable as to principal upon presentation at the main office of (the "Registrar "), or at the office of such other successor registrar as the Issuer may hereafter designate upon 60 days mailed notice to the registered owners. Interest on each Bond shall be payable by check or draft of the Registrar mailed the last business day prior to the interest payment date to the registered holder thereof at his or her address as it appears on the bond register at the close of business on the 15th day (whether or not a business day) of the calendar month next preceding the interest payment date. Section 3. Form and Execution of the Bonds 3.01 The Bonds shall be in substantially the following form, with the necessary variations as to number, CUSIP Number, rate of interest and date of maturity, the blanks to be properly filled in: 3 i RESOLUTION NO. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER No. R- $ GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1991A Rate Maturity Nominal Date of Original Issue CUSIP March 1, 1991 Registered Owner: Principal Amount: Dollars The City of Brooklyn Center, Minnesota (the "City "), for value received, hereby certifies that it is indebted and hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the registered owner hereof interest on such principal sum at the interest rate specified above from March 1, 1991, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing August 1, 1991, until said principal sum is paid. Principal and the redemption price are payable in lawful money of the United States of America at , as Registrar, Transfer Agent and Paying Agent, in , Minnesota, or at the offices of such successor agent as the City may designate upon 60 days notice to the registered owners at their registered addresses (the "Registrar "). Interest shall be paid on each February 1 and August 1 by check or draft of the Registrar mailed the last business day prior to the interest payment date to the person in whose name this Bond is registered at the close of business on the preceding January 15 and July 15 (whether or not a business day) at his or her address set forth on the bond register maintained by the Registrar. Any such interest not punctually paid or provided for will be paid to the person in whose name this Bond is registered at the close of business on a special record date established by the Registrar for the payment of such defaulted interest. The Bonds of this series maturing on or after February 1, 2001, are subject to redemption at the option of the City, in whole or in part in such order of maturity and by lot within a maturity, on February 1, 2000, and any date thereafter at a price equal to par and accrued interest. Thirty days' prior notice of redemption will be given by first -class mail to the Registrar and to the registered owners, and notice of redemption will be published in the manner provided by Minnesota Statutes, Chapter 475. No defect in mailed notice will affect the validity of the call for redemption of any Bond. This Bond is one of a series of the City's General Obligation Tax Increment Bonds, Series 1991A issued in the aggregate principal amount of Six Million Fifty Thousand Dollars ($6,050,000) of like date and tenor except for number, interest rate, denomination, date of maturity and redemption privilege, and is issued for the purpose of providing funds to finance or otherwise pay pursuant to Minnesota 4 RESOLUTION NO. Statutes, Chapter 469, certain costs of the Earle Brown Farm Redevelopment Project and the Brookwood Housing Development Project, each established pursuant to Minnesota Statutes, Sections 469.001 to 469.047, by the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Minnesota and transferred to the Economic Development Authority of Brooklyn Center, Minnesota, and pursuant to an authorizing resolution (the "Resolution ") adopted by the City Council of the City on February 11, 1991, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475 and Sections 469.174 to 469.179. The Bonds of this series are payable from the General Obligation Tax Increment Bonds, Series 1991A Fund of the City (the "Bond Fund ") to which has been pledged certain tax increment generated from certain tax increment financing districts in the City. All taxable property within the City is also subject to the levy of direct general ad valorem taxes required by law to be levied and extended if needed for this purpose, without limitation as to rate or amount. The issuance of this bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation thereon. As provided in the Resolution, and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City kept for that purpose at the principal office of the Registrar, by the registered owner hereof in person or by such owner's attorney duly authorized in writing, upon surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or such owner's duly authorized attorney. Upon such transfer and the payment of any tax, fee or governmental charge required to be paid by the City or the Registrar with respect to such transfer, there will be issued in the name of the transferee a new Bond or Bonds of the same aggregate principal amount as the surrendered Bond. The City has designated the Bonds as "Qualified Tax - Exempt Obligations" within the meaning of Section 265 of the Internal Revenue Code of 1986, as amended. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of the same maturity but of a different authorized denomination, as requested by the registered owner or his duly authorized attorney, upon surrender thereof to the Registrar. It is hereby Certified and Recited that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed in order to make this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in due form, time and manner as so required. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been manually signed by a person authorized to sign on behalf of the Registrar. 5 RESOLUTION NO. IN WITNESS WHEREOF, The City of Brooklyn Center, Minnesota has caused this s Bond to be executed with the facsimile signatures of its Mayor and its City Manager, both as of the Nominal Date of Original Issue specified above. THE CITY OF BROOKLYN CENTER, MINNESOTA By (Facsimile) Mayor (Facsimile) City Manager CERTIFICATE OF AUTHENTICATION Dated: This is one of the Bonds described in the within mentioned Resolution. Bond Registrar By Authorized Signature ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee. Include information for all joint owners if the Bonds are held by joint account.) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: 6 RESOLUTION NO. Signature Guaranteed by: Signature(s) must be guaranteed by a Notice: The signature(s) on this commercial bank or trust company or assignment must correspond with the by a brokerage firm having name(s) appearing on the face of this membership in one of the major stock Bond in every particular, without exchanges. alteration or any change whatever. Please Insert Social Security Number or Other Identifying Number of Assignee (Form of Certificate) CERTIFICATE AS TO LEGAL OPINION I, Gerald G. Splinter, City Manager of Brooklyn Center, Minnesota, hereby certify that except for the date line, the above is a full, true and compared copy of the legal opinion of Holmes & Graven, Chartered, of Minneapolis, Minnesota, which was delivered to me upon delivery of the bonds and is now on file in my office. (Facsimile) City Manager The City of Brooklyn Center 3.02 As long as any of the Bonds issued hereunder shall remain outstanding, the Issuer shall cause to be kept at the principal office of the Registrar the Register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds. is hereby appointed Registrar, Transfer Agent and Paying Agent with respect to the Bonds. Upon surrender for transfer of any Bond with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or his duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the Issuer shall execute and the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. Any Bonds, upon surrender thereof at the office of the Registrar may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging or transferring fully registered Bonds is exercised, the Issuer shall execute and the Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the Issuer or the bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of 7 RESOLUTION NO. the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the Issuer or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the Issuer. The Issuer shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of publication of notice of redemption in the case of a proposed redemption of Bonds. The Issuer and the Registrar shall not be required to make any transfer or exchange of any Bonds called for redemption. 3.03 Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such bond was exchanged) is registered at the close of business on the preceding January 15 and July 15, as the case may be. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the Issuer to the person in whose name such Bond is registered at the close of business on a special record date established by the Registrar for the payment of such defaulted interest. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 3.04 As to any Bond, the Issuer and the Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the Issuer nor the Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 3.05 If (i) any mutilated Bond is surrendered to the Registrar, and the Issuer and the Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (ii) there is delivered to the Issuer and the Registrar such security r indemnity demnity as may be required by them to save each of them harmless, then in the absence of notice to h t e Issuer or the Registrar that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond a new Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this subsection, the Issuer may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto. Every new Bond issued pursuant to 8 RESOLUTION NO. this subsection in lieu of any destroyed, lost, or stolen Bond shall constitute an original additional contractual obligation of the Issuer, whether or not the destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Resolution equally and proportionately with any and all other Bonds duly issued hereunder. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement or payment of mutilated, destroyed, lost, or stolen Bonds. Section 4. Execution and Delivery 4.01 The Bonds shall be executed by the respective facsimile signatures of Mayor and the City Manager as set forth in the form of Bond. The seal of the Issuer may be omitted from the Bonds as permitted by law. The text of the approving legal opinion of Holmes & Graven, Chartered, of Minneapolis, Minnesota, as bond counsel, shall be printed on the reverse side of each Bond and shall be certified by the facsimile signature of the City Manager. When said Bonds shall have been duly executed and authenticated by the Registrar in accordance with this resolution, the same shall be delivered to the Purchaser upon payment of the purchase price, and the receipt of the City Manager delivered to the Purchaser thereof shall be a full acquittance; and the Purchaser shall not be bound to see to the application of the purchase money. The Bonds shall not be valid for any purpose until authenticated by the Registrar. 4.02 The Official Statement relating to the Bonds, on file with the City Manager presented to this meeting, is hereby approved, and the furnishing thereof to prospective bidders for the Bonds is hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. 4.03 If such officers find the same to be accurate, the Mayor and the City Manager are authorized and directed to furnish to the Purchaser at the closing a certificate that, to the best of the knowledge of such officers, the Official Statement does not, at the date of closing, and did not, at the time of sale of the Bonds, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Unless litigation shall have been commenced and be pending questioning the Bonds, revenues pledged for payments of the bonds, or the organization of the Issuer or incumbency of its officers, at the closing, the Mayor and the City Manager shall execute and deliver to the successful bidder a suitable certificate as to absence of material litigation, and a certificate as to payment for and delivery of the Bonds, together with the arbitrage certificate referred to below and the signed approving legal opinion of Holmes & Graven, Chartered, as to the validity and enforceability of the Bonds and the exemption of interest thereon from federal and Minnesota income taxation (other than Minnesota corporate and financial institution franchise taxes measured by net income) under present laws and rulings. Section 5. Bond Fund and Accounts, Appropriations, Pledge 5.01 There is hereby created a special fund of the Issuer designated "General Obligation Tax Increment Bonds, Series 1991A Fund" (the "Bond Fund ") held and administered by the City Finance Director separate and apart from all 9 RESOLUTION NO. other Funds of the Issuer. The Bond Fund shall be maintained in the manner specified until all of the Bonds herein authorized, any refunding bonds issued to refund the Bonds, and any other general obligation tax increment bonds hereafter issued and made payable from the Bond Fund, and the interest thereon, have been fully paid and the Issuer has been fully reimbursed from the pledge of tax increment for any of the principal and interest of the Bonds paid by the Issuer from general ad valorem taxes levied on property in the Issuer. In the Fund there shall be maintained two separate accounts, to be designated as the "Capital Account" and the "Debt Service Account," respectively. Capital Account The proceeds from the sale of the Bonds, less accrued interest and less the amount of the proceeds of the Bonds otherwise directed to be deposited in the Debt Service Account, shall be credited to the Capital Account, from which there shall be paid certain costs and expenses incurred by the EDA pursuant to the Redevelopment Plan in connection with certain public improvements, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred, of the kind authorized in Minnesota Statutes, Sections 475.65, 469.176, subdivision 4, and Minnesota Statutes, Sections 469.001 to 469.047. Debt Service Account There is hereby pledged and there shall be credited to the Debt Service Account (a) all unused discount and accrued interest received upon delivery of and payment for the Bonds, (b) tax increment derived from the Districts in amounts sufficient from time to time to pay principal of and interest on the Bonds then due (or previously due and paid from a source other than tax increment) pursuant to the Pledge Agreements described in Section 7, (c) any taxes from time to time levied for the payment of the Bonds, and revenues derived from any other sources available and pledged to pay principal, premium, if any, and interest on the Bonds, and (d) all funds remaining in the Capital Account after payment of all costs payable therefrom. The Debt Service Account herein created shall be used solely to pay principal of, premium, if any, and interest on the Bonds and any other general obligation tax increment bonds hereafter issued and made payable from said Debt Service Account, except that upon discharge of the Bonds and such already outstanding or additional Bonds, the Issuer may use any remaining funds in the Debt Service Account to reimburse the Issuer as provided above. 5.02 The Issuer hereby finds and determines that estimated collections of tax increment from the Districts and the other amounts herein pledged to the payment of the Bonds, will produce at least five percent (5 %) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. Accordingly no taxes are herein levied with respect to the Bonds. The full faith and credit and taxing powers of the Issuer are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds and such other general obligation indebtedness as may be made payable from the Bond Fund, as such principal and interest respectively become due. 5.03 Interest earnings from the investment of money in the Capital Account and the Debt Service Account shall be retained in the respective accounts. 10 RESOLUTION NO. Section 6. Non - Arbitrage Covenants; Designation as Qualified Tax - Exempt Bonds 6.01 The Issuer covenants and agrees with the Purchaser and holders of the Bonds that the investments of proceeds of the Bonds, including the investment of any amounts pledged to the Bonds which are considered proceeds under the applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the Bonds shall not be arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code "), and any regulations thereunder. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the Issuer hereby certifies that it is not expected that the proceeds of the Bonds will be used in such manner as to cause the Bonds to be arbitrage bonds under Section 148 of the Code and any regulations thereunder. The '_Mayor and City Manager shall furnish an arbitrage certificate to the Purchaser embracing or based on the foregoing certification at the time of delivery of the Bonds to the Purchaser. The proceeds of the Bonds will likewise be used in such manner that the Bonds are not private activity bonds under Section 141 of the Code. 6.02 The Issuer hereby designates the Bonds as "Qualified Tax - Exempt Obligations" within the meaning of Section 265 of the Code. With respect to such designation, the Issuer covenants that it does not reasonably anticipate issuing qualified tax - exempt obligations in an aggregate amount greater than $10,000,000 in calendar year 1991. Section 7. Tax Increment Pledge Agreements 7.01 The EDA has agreed to segregate certain of the tax increment derived from the Districts on its official books and records and to remit to the Debt Service Account of the Bond Fund the amount of tax increment required to be remitted to the Issuer pursuant to Tax Pledge Agreements relating to the Districts dated as of November 1, 1985 and November 21, 1983. Such Tax Increment Pledge Agreements are in full force and effect. Section 8. Miscellaneous 8.01 The City Manager is hereby authorized and directed to certify a copy of this Resolution and to cause the same to be filed in the office of the Director of Taxation of Hennepin County, together with such other information as such director may require, and to obtain from the director a certificate that the Bonds have been entered upon his bond register, and the levy contained in this resolution has been made. 8.02 The officers of the Issuer are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records of the Issuer relating to the power and authority of the Issuer to issue the Bonds within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates shall be deemed representations of the Issuer as to the facts stated therein. 8.03. The Issuer covenants that it will file with the Internal Revenue Service the information required under Section 149(e) of the Code. Adopted this 11th day of February, 1991. 11 Resolution No. Date Todd Paulson, Mayor ATTEST: Deputy 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 1 307 1 ./011z /�zma¢ ion PRIVATE KENNEL LICENSES The ordinance was written to allow those people with more than the allowable number of animals a period of time in which to remove the excess animal(s). This period of time cannot exceed three years. Renewals are handled in October of each year. The Council can place any conditions on the license they deem necessary to insure compliance with Chapter 1, and Chapter 19 of the City ordinances, and any other condition necessary to protect the health, safety and welfare, and property values in the immediate area. The health department usually conducts two inspections of the property - one unannounced visit and one scheduled with the property owner. A list of complaints if retrieved from the police department files. A notice of the hearing is sent to all property owners within 150 feet of the applicant's property. CITY OF BROOKLYN CENTER Council Meeting Date 2 -11 - 91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Initial Appliation for a Private Kennel License at 6730 Dupont Avenue North ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The applicant, Ms. Sharon Weise, has submitted a private kennel license application to keep three dogs at her residence. The health department has made an inspection and a copy of the report is attached. The police department incident log has also been attached. As required by ordinance, the neighbors within 150 feet of this property have been notified of this hearing. • • CHAPTER 1 - ANIMALS Section 1 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal. Animal means dogs and cats. 2. Animal Control Officer Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At large means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel Commercial Kennel means any place limited to C2, I- 1 and I -2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. 5. Family. Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; C. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7. Person. Person means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. Dog Licenses. No person g p shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such dog has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License Every person operating or maintaining a private kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial kennel license each private kennel license each P duplicate license, P , each renewal license, each impounding penalty, and the late penalty described herein shall be as set forth by City Council resolution. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as set forth by City Council resolution, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. 2. Refunds. Prorating and Transfers No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferrable. Section 1 -104. VACCINATION REQUIRED. The owner of every g Y do in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed b a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required b this ordinance rdinance shall y be made to the City Clerk. 1 -105 1. Dog License. The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary medicine showing that the dog has been vaccinated against rabies, the type of vaccine used, and the length of time the vaccination is effective. 2. Issuance of Dog License Upon receipt of the application, the license fee and proof of a -rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost Doiz License If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrendering the license payment receipt and by paying the charge for a duplicate license as set forth by City Council resolution. 4. Application for Private Kennel License or Commercial Kennel License Initial application for a private kennel license or a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. 5. Hearin g Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for private kennel license and commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. 6. Council Approval. The City Council may approve the private kennel license or commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a private kennel license or a commercial license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. 1 -105 7. Renewal of License. A copy of the private kennel license or commercial kennel license shall be forwarded to the Director of Planning and Inspection who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. 8. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the Director of Planning and Inspection and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARD FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities. Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an animal in any unsanitary place or condition, or in a manner which results in noisome odors, or in any way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any person or property. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its animal to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large, and any unlicensed dog. Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released. The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated g d pound shall be kept in accordance with Section 1 -106 i of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. The license fee for the animal, if the license has not previously been obtained. 2. The late - license penalty, where a license has not been previously obtained. 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as set forth by City Council resolution. The city manager or the city manager's designee may waive the late - license penalty and the impounding penalty for persons other than the owner in cases of sale in accordance with Section 1 -118 of this ordinance. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center. Section 1 -120. PENALTY. Any person violating the provisions of this ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not more i J re than $700 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. M E M O R A N D U M DATE: January 29, 1991 TO: Gerald Splinter, City Manager FROM: -4 T Mary Fandrey, Public Health Sanitarian SUBJECT: Private Kennel License for 6730 Dupont Avenue On January 25, 1991, I performed a Private Kennel inspection at 6730 Dupont Avenue North. I met with Jeffrey Weise, son of the property owner. The yard is currently fenced with 4 1/2 foot high chain link fence. The animals are confined to this area or within the house. There are three animals present: a 5 1/2 year old neutered collie, a 5 1/2 year old neutered springer spaniel a one year old male golden retriever All animals have a current rabies vaccination, but the collie is not currently licensed. The animals appear healthy and well cared for. I asked Mr. Weise to improve upon the frequency with which feces were removed from the yard. Previously, it had been done on a weekly basis or even less frequently. I advised Mr. Weise that with three animals, the yard should be cleaned daily. I noted excessive feces in the yard on January 22, 1991. The animals quieted quickly after I entered the home. I did not have a chance to observe the animals in the yard to note whether they barked excessively when the owner was not present. I attempted an unannounced inspection on two occasions (January 22 and January 16) but no one was home. I noted excessive feces in the yard on January 22, 1991. I would recommend approval of the Private Kennel license pending the Weise's clean the yard frequently and obtain a license for the collie. MEF:jt M E M O R A N D U M DATE: February 11, 1991 TO: Patti Page, City Clerk FROM: Pamela Foster supervising sanitarian SUBJECT: Kennel Application for 6730 Dupont Avenue No. On Friday, February 8, 1991, I received a call from a resident, Jeff Basche, of 6724 Dupont Avenue North. He was very concerned about the notice he received for the kennel application at 6730 Dupont Avenue North. He indicated his displeasure with the number of animals on the premises and frequent problems with barking dogs at all hours of the day and night. He indicated that he might appear at the Council meeting to discuss the matter with the Council. Please pass this information along to them should he not make it to the meeting. PAF:jt APPLICATION FOR PRIVATE KENNEL LICENSE CITY OF BROOKLYN CENTER, MINNESOTA TO THE HONORABLE CITY COUNCIL Date: sxl" 1. Applicant's Name (Last, First, Middle) 2. Applicant's Address (Number, Street, Ci q, State, Zip Code) A e- 3. Address br Legal Description of Proposed Kennel 4. Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this on the application. 5. Indicate number of animals to be confined within the proposed kennel, together with their age breed and sex 6,, 6. PLEASE NOTE: The license fee in the amount of $30.00 must be submitted with this application. o Signature of Applicant PLEASE RETURN COMPLETED APPLICATION AND LICENSE FEE TO: City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. DO NOT WRITE BELOW THIS LINE New License V Renewal License License Period through License Fee Received �} �(•S I t'IU, YCtl /, 17 "11, 11: Ni'i + AROOV'LYN CENTER POLICE DEFT RF_PT — 6730 DUPONT AVE — JAN 1, 1983—; TIME— RECEIVED CALL — LOCATION CALL— CODE —DESCF COMMENT—TEX - ------ --- •----- - - - - -- f- -_ - - -- -- — --- - --- - - - - -- 7 84/04/0619t54:01 6730 DUPONT :-AV. MISC PUBLIC 0001/C 84004970 1 /RPT " —--- � — s , - .)I/SEWER PLUGGED UF' 6 fDQ1 /REFERRED TO NORDST'ROM WA TER DEPT 86/_9/,13 22:16101 6730 DUPONT DOR TAGS ; �e 000I /C 86015244 a 1+001 /RFT N +o , (jr)U1Z76ARM ING DOG ' 67/02/24 z1:�5 01 6730 DUPONT AV DOG TAGS +: 0 001/C 8700 is ri0ui _/_9'P T PT u �+ - 000QBARKING DOG G7/tl3/16 1'% 2'601 6 730 DUPONT DOG TAGS + p001/C 87004580 +7 O001 /RFT N _ �lei q30 +I# /MANN K'EEFING ANIMA WARNING ONLY _ f r+o -- aTCT9TI23:57:01 673v DUPU AV ,. DOG TAGS 0 0001 /C 87016650 b 1:+ — _ 0001 /RPT N z_ 000 - --- --- -- — + t ___'. Y /EBARf I NO DOG - 7 O /NOT HOME NOW, WILL. STOP BACK LATER 74 87/1U10 +1: 6730 DUPONT DOG TAGS 137019569 i 26 000IMPT 27 +100-1 %13 DOG /CA LLED. BACK AND CANCELL %DOB QUIT BAR ze -` 8�11211'� °Y #.:'S'e V 1 6730 DUPUNT AV D00 TAGS 0001 /C (37021428 00U1 /RPT N 60_ —r-- -— — — 3+ 01 / BARKING DOGS 115 2 87/12/26 ° 19r44s0l 6730 DUPON'f AVE. N. D00 TAGS -' OUp1 /C 87022329 Y CK401 /BARKING DOGS J6 87/1 2/26 20:0 6730 DUPONT AVE. N. DOG TAGS a/ Opt /C 870 ^22531 r '' y 39 0001 /RPT N ,:': °. 39 0001/2 -LARGE DOGS BARKING K EEPINQ. HE P;ID5 AWAK (co -` 90%10%3(1 1-i t'57 01 6730 DUPONT DOG TAGS 1 41 ' _ .a- 4100`1)1 /C 90018649 47 0001 /RPT N ' �4 j ARKING DOG ,'COMPLAINT, ADVISED u i, k s 45 46 47 As 50 57 54 k' 56 ,1 'k 1 Ai i YJ 4 .. ` 7t 1, ! 1 I 4 J re � , t, k7�git` , G� i { i r.' February 6, 1991 Patricia Page Deputy City Clerk City of Brooklyn Center City Council 6301 Shingle Creek Parkway RE: Private Kennel License Request by Sharon Weise 6730 Dupont Avenue North Because a representative of my family will not be available for the public hearing on Feb. 11, 1991 regarding the above, I would like to express our feelings and concerns regarding the Subject matter. We live directly east of Ms. Weise's home; our backyards border on a north /south fence line. We have been the homeowner at 6731 Colfax Ave. North since June, 1981. It should be noted, we own a small Springer Spaniel /Welsh Springer mix, black female dog. Since the Weise's moved in their home approximately 5 years ago, my family has had a concern with the large dogs they have been keeping. A few years ago, we and some other neighbors had to report the Weise's to the city because of unhealthy conditions, namely, not cleaning dog feces. We were concerned with our children's health, being 5 years and 3 years old at the time. Over the last couple of years this particular situation has remained questionable. I know how much effort it takes to clean up after one dog let alone three! If the concerns only lie in this area, we would not have a problem. Our major concern is the safety of our children and friends that enter and play in our backyard. The Weise's dogs are not friendly. They bark and growl whenever a member of our family enters the backyard. They often jump up on the fence that divides our yards and on three occasions, found their dog in our backyard. Two of the dogs are large enough to jump the fence. If we had a higher fence between the two yards, we may help solve the problem of safety. This may be a recommendation they may contemplate, however, it would have to be at their expense. Believe me, I love animals. My family has grown up with a dog in the house. If the Weise's dogs were more friendly, or less temperamental, we may have more tolerance for the cleanliness factor. On a personal level, we do not have a problem with the Weise's. We feel the City should take more time to evaluate and discuss with other neighbors their feelings regarding the three dogs contained at the Weise household. Z f spectful Keit Ca r y M. , L., Adam K., and Cailee D. Bufis - 6731 Ave. No. Phone: 566 -2645 rep` 11''s , ° � O 1 /?C S -57Y3o CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, February 11, 1991, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway to consider the application described below. TYPE OF REQUEST: Private Kennel License APPLICANT: Sharon Weise ADDRESS OF APPLICANT: 6730 Dupont Avenue North BRIEF STATEMENT OF CONTENTS OF APPLICATION: Application for a Private Kennel License to keep three dogs at the residence at 6730 Dupont Avenue North in Brooklyn Center. Respectfully, C Patricia Page Deputy City Clerk M E M O R A N D U M DATE: February 11, 1991 TO: Patti Page, City Clerk FROM: Pamela Foster, Supervising Sanitarian" SUBJECT: Kennel Application for 6730 Dupont Avenue No. On Friday, February 8, 1991, I received a call from a resident, Jeff Basche, of 6724 Dupont Avenue North. He was very concerned about the notice he received for the kennel application at 6730 Dupont Avenue North. He indicated his displeasure with the number of animals on the premises and frequent problems with barking dogs at all hours of the day and night. He indicated that he might appear at the Council meeting to discuss the matter with the Council. Please pass this information along to them should he not make it to the meeting. PAF:jt CITY OF BROOKLYN CENTER Council Meeting Date 2 -I1 - 91 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Reconsideration of a Private Kennel License at 6915 Lee Avenue North DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: ,�'��Z ,e No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) In November, 1989 the City ouncil a pproved a private kennel license for the a y pp p r property t 6915 Lee Avenue North. As part of this approval the Council noted the license would only be for a one -year period. When the license expired in November, 1990, Ms. Baer, the applicant, asked if the Council would reconsider their action and extend the license for a longer period. • Ms. Baer has notified the City that two of the dogs belong to Brian Hanson who lives with Ms. Baer. Mr. Hanson had intended to move out prior to the expiration. Before Mr. Hanson was able to move out of Ms. Baers' residence he had an accident at work. This accident prevented him from working and moving out. Attached is a copy of Ms. Baers' letter and a recent incident log for the property. • Ck- � G� �!V! �� -'•vv U • 1 � U �- � —EiC�� _..C' —!L C�vr�'��/Yn'��- 2--`L� � —'✓�G} "C../rn— c�t—�s�.� CJ APPLICATION FOR PRIVATE KENNEL LICENSE CITY OF BROOKLYN CENTER, MINNESOTA TO THE HONORABLE CITY COUNCIL Date: —\ CL C- 1. Applicant's Name (Last, First, Middle) A- „ e I `- . 2. Applicant's Address (Number, Street, City, State, Zip Code) (--G c � S' C C -c- A-o e -- //'7 0 3. Address or Legal Description of Proposed Kennel 4. Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this on the application. 5. Indicate number of animals to be confined within the proposed kennel, together with their age breed and sex 6. PLEASE NOTE: The license fee in the amount of $30.00 must be submitted with this application. / i Signature of Applicant PLEASE RETURN COMPLETED APPLICATION AND LICENSE FEE TO: City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. DO NOT WRITE BELOW THIS LINE New License r./ Renewal License License Period through License Fee Received (Za�A:k 76 (7, 1 CORRECTED COPY Signs in the Cl and C1A Districts, and Requiring Abatement of Signs on Abandoned Premises and setting the public hearing date for December 18, 1989, at 7:30 p.m. The motion passed unanimously. PRIVATE KENNEL LICENSE - 6915 LEE AVENUE NORTH The City Manager stated Diane Baer has submitted an application for a private kennel license. He stated Ms. Baer has three dogs. He noted the Police Department records indicate two complaints in the last year regarding barking dogs. He then went on to review the recommendations made by the Health Department. He noted staff recommends the Council delete requirement No. 5 pertaining to the type of surface to be installed within the dog kennel. Mayor Nyquist opened the meeting for the purpose of a public hearin g on a private kennel license at 6915 Lee Avenue North. He recognized Connie Howe, 6906 Major Avenue North. Ms. Howe stated she is against the private kennel license because the dogs bark all the time. Mayor Nyquist then recognized Michael Solberg, 6912 Major Avenue North. Mr. Solberg stated he lives directly behind the applicant and the dogs do bark quite often. He stated he is not in favor of the Council approving this license. Mayor Nyquist then recognized the applicant, Diane Baer. Ms. Baer stated she is aware of the fact that one of the dogs barks quite often, and she is working on putting an end to the barking. She noted this particular dog has been kept in the house until recently, and the animal is having a difficult time adjusting to being outside. She noted this dog belongs to her and the other two she is taking care of for a friend. She noted if the private kennel license were not approved and she had to remove the extra animals, this particular dog would be staying. A brief discussion then ensued regarding the possibility of using mediation for this issue, and Mayor Nyquist noted it doesn't appear there is anything to mediate. He noted the barking dog situation should not be allowed to continue whether there is one or three dogs on the premises. The City Manager noted if the Council wished he could have the code enforcement officers check this neighborhood frequently for the barking dog problem. - Mayor Nyquist inquired if there was anyone else who wished to address the public hearing. No one appeared, and he entertained a motion to close the public hearing. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to close the public hearing on a private kennel license for 6915 Lee Avenue North. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the private kennel license for 6915 Lee Avenue North subject to the following conditions: 1. The private kennel license is for a one -year period. 2. Barking dog complaints will be investigated and reported to the City Council. Numerous barking dog complaints could result in revocation of the license. 11/13/89 -7- CORRECTED COPY • 3 Animal feces to be cleaned up daily in warm weather and every other day in cold weather. 4. Water supplied to the animals daily. 5. Food contained in bowls, any spills on the ground to be cleaned to minimize rodent attraction. 6. One additional dog house be provided so that each animal is protected from the elements. 7. The height of the current four -foot fence be extended to six feet to prevent the animals from jumping over. The applicant should contact the building department for fence construction setback requirements. The motion passed with Councilmembers Paulson and Pedlar opposed. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89024 SUBMITTED BY TIM JOHNSON REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A CONVENIENCE FOOD RESTAURANT IN THE RETAIL BUILDING AT 1950 57TH AVENUE NORTH NORTHBROOK SHOPPING CENTER The City Manager noted this item was recommended for approval by the Planning Commission at its October 26, 1989, meeting. He added an ordinance amendment was also recommended by the Planning Commission ertainin t p o this item. g � The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through three of the October 26, 1989, Planning Commission minutes and information sheet. He then went on to review the application and the recommended conditions for the application. A discussion then ensued pertaining to the hours of operation for the establishment. Mayor N uist recognized Y Yq Mr. Johnson, the applicant, who stated he is required by the parent company to have hours at least until midnight, Sunday through Thursday, and until 2 a.m. on Friday and Saturday. He noted the main reason for staying open that late is to prepare food for the following day. The Director of Planning and Inspection then briefly reviewed the ordinance amendment recommended in conjunction with this application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89024. He inquired if there was anyone present who wished to address the Council. .There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on.Planning Commission Application No. 89024. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to approve Planning Commission Application No. 89024 subject to the following conditions: i 11/13/89 -8- t MJ , r" M V ' I , J 9'4 4 1 ! I ..N3 'f 11 *1 , -. ••,'.•,•.• w«w +�...... -wi.wr -wc ., BROOKLYN CENTER POLICE DEFT RE Pr - 6910 LEE ,AVE -7 ,. JAN 1 , 1983 -JAN -3 TIME - RECEIVED CALL- LOCATION nf1'M�^ "`CALL- CODE- DESCR, COMM ENT- -TEXT --------- ___- .____ -_ - -_ --- _.- ___- __.____ _.; ---- �. 25 1 84/G� = /�� 23a18:01 691; LEE AV , NO PUBLIC PEACE � 3 0001/C 84 I' ti0p1 /RF N Oi)O1 /THREATENING PHONE CALL -- NEIGHBORHOOD DISPUTE - ADVISED p 88/01/12 06 :44 :01 6 915 L EE AVE N FIRE VE HIC LE 7 - `0001 /C fJE 000592 _— _- - -- r, 0001 /RPT N 0001 /CAR FIRE_- CAL A T @ 0646CARFIRE IS OUT `. DXR1 - - 25 _ 03:34-01 . - 6915 LEE AVE. N. _ — _ - - SUB ACT 1) 0001 /C 88016553 00!11 /RPT N �;3 u)q1 /L /LPJG74 - N WHITE VAN HAS BEEN PARKED IN FRONT OF HIS 11 4 0001 /RESIDENCE FOR. THE LA5T 3 HRS. NOON IS TN IT -- CHECKED,, 88/11)/18 C18 :21: 691 - MIS PUBLIC � � .. iuUl /C�88018042 -- -- - - --- - �-- k� 00(')1 /RPT N „a 0001 /RYDER RENTAL. TK ON STREET S EVERAL DAYS /C HECKED W /MO STA- �;, Uuu �ON - �:�N1`fw15'AF7��`AI FCI�t I1 UNTIL 10 -24 -88 ` n 89/09/03 19:27:01 6915 LEE AV NO g TAGS !21 . 0001 /C 890156 < t o 00()l /BARKIN0 DOGS BEHIND 6912 MAJOR ON LEE - NO ONE HOME 2n 0001 /NO PROBLEM WHEN S QUAD ARRIVED 1V /<)7 b :ate 6915 LEE DOG TABS, � ze 0001 /C 89017760 f Ir ` n O001 /RPT N za r t:)uu W�1fiF:. ICU DOG 79 90/01/26 1:3:31 :tit 6915 LEE DOG TAGS 33 Of )O i /C 9000 3 i 6(56 / f N 1 t X 32 0001 /BARKING DOGS, QUIET AT PRESENT ` ,t { it 34 §+ � 35 3J Y x Y t 39 t i 3 39 1 41 t: 42 43 4n 49 45 - 7 47 48 t 4 5 0 1 3 aw a, h x {� ttai k5 , 52 54 1 z x � fi CITY OF BROOKLYN CENTER Council Meeting Date - 2f 11L91 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Public Hearing Regarding the Abatement of Nuisance and Hazardous Conditions of Real Estate at 6842 West River Road DEPARTMENT APPROV 1 Signature - title Director of Planning and Inspecti o MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Notice of hearing has been served on Mr. and Mrs. David Wright Berg, 6842 West River Road, Brooklyn Center, MN indicating that the' . City Council of the City of Brooklyn Center will conduct a hearing on the 11th day of February, 1991 to hear and decide whether the conditions existing at the above premises constitute a public nuisance and hazardous condition within the meaning of Chapters 19 and 7 of the City Ordinances and also Section 463.15 and Chapter 429 of the Statutes of the State of Minnesota. Attached is a resume of proceedings against David W. Berg which was prepared by William Clelland, Brooklyn Center City Prosecutor outlining the actions taken by the City since the spring of 1990 to clean up the property with respect to various ordinance violations. The prosecution has been successful from the standpoint of obtaining a guilty verdict, but agreed upon conditions to clean up the property have not been complied with. It is the staff's position that the conditions outlined in the various reports and exhibits constitute hazardous conditions and a public nuisance in violation of State Statutes and City Ordinances and, therefore, must be corrected. Mr. Berg has shown that he is either unwilling, or unable, to address these matters, therefore, we are recommending the civil proceedings be undertaken for the City Council to order the abatement of the nuisance and hazardous condition and to proceed to correct the matter with costs associated with this abatement being assessed to the property owner. • SUMMARY EXPLANATION CONTINUED Page 2 In addition to the resume of proceedings prepared by the City Prosecutor, along with various exhibits, and the notice of hearing, are a resolution for the City Council's consideration ordering the abatement of nuisance and hazardous conditions as well as an order to be filed with district court if these matters are not corrected. Mr. e ' s meeting to C1 lland will be prepared at Monday evening Y recommend a reasonable time for inclusion with the resolution giving Mr. Berg the opportunity, once again, to correct the nuisance and hazardous conditions at his property. • NOTICE OF HEARING TO: MR. AND MRS. DAVID WRIGHT BERG, 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA. YOU ARE HEREBY NOTIFIED, that the City Council of the City of Brooklyn Center will conduct a hearing on the 11th day of February, 1991 at 8:00 o'clock p.m. at the Brooklyn Center City Hall, Brooklyn Center, Minnesota, to hear and decide whether the conditions existing on your premises constitute a public nuisance and a hazardous condition within the meaning of Chapters 19 and 7 of the Ordinances of the City of Brooklyn Center, §483.15 et seq. and Chapter 429 of the Statutes of the State of Minnesota. This hearing, conducted pursuant to this authority, is based upon the allegation that you were notified of the defects with respect to the property by a criminal prosecution previously taken and by an Order for Compliance from Clay Larson, City Building Official, dated 6 June 1990, duly served upon you advising you as to the specific violations and the 'corrective action to be taking, which notice is attached hereto. You may appear at this hearing, with attorney if you choose, and be heard with respect to the alleged public nuisance and hazardous condition. If the City Council does determine that hazardous conditions and /or public nuisances exist and does order the abatement of the hazardous conditions and the public nuisances, by law, you are liable to pay all costs incurred by the City in abating these conditions, including but not limited to administrative fees, attorneys' fees, filing fees, service fees, publication fees, appraisers' fees,-witness fees, traveling expenses and any and all other expenses incurred and paid in connection with these proceedings: Payment of these costs is due upon receipt of the statement prepared by the City Clerk. In the event that the costs are not paid by 1 September 1991, the City Clerk shall certify the amount of the expenses to the County Auditor for entry on the tax lists of the County as a special charge against your real estate and these sums shall be collected in the same manner as any other taxes. CARSON AND CLELLAND Dated:( 1991 C, w0c. William G. Clelland; ID# 17280 Brooklyn Center City Attorneys 305 Brookdale Corporate Center 6300 Shingle Creek Parkway Minneapolis, Minnesota 55430 -2184 (612) 561 -2800 r' r CITY OF BROOKLYN CENTER ORDER OF COMPLIANCE TO: David Berg FROM: Clay Larson, Building Official DATE: June 6 1990 An inspection of 5842 West River Road discloses the followin V iolations of the Brooklyn Center City Ordinances: g 1. Building materials stared around garage, house and yard are in violation of Ordinance Section 12 -309. 2. Piles of wooden fencing, telephone poles and other piles of wood are in violation of Ordinance Section 12 -309. 3. Stacks of brick, concrete block, and stone are in violation of Ordinance Section 12 -309. 4. Accumulation of brush, branches, trimmings and deadwood is a violation or Ordinance Section 19 -103. 5. Snowmobiles, auto parts, plowing and digging automobiles and various mechanical e equipment are in vi boats, equipment of Ordinance Section 19 -103 #11,nt are n vi 6. Storage sheds exceeding number allowed by ordinance and in disrepair violate ordinances 35 -310 (number) and 12 -707 (maintenance). 7 . All other items piled or stored outdoors which include, but are not limited to: pails, barrels, shelves, tools, auto Pants, ladders, power tools, mechanical devices, and similar hatter improperly stored violates ordinance Section 19 -103 8 . Open pit in front yard lined with concrete block violates Ordinance Section 19 -103 #6. 9. Lack of siding or weatherproof barrier on garage violates Ordinance Section 12 -707. You are hereby ordered to take the following corrective action not later than the 15th day of June 1990. Numbers correspond to above mentioned violations. I. Remove building materials from premises or store indoors. 2. Remove unused fencing and poles from premises. 3. Remove brick, block and stone from premises or store neatly so as not to provide harborage_ EXH:SIT a Memo Page Z June 6, 1990 4. Remove brush, branches, trimmings and dead wood from prerises. Store firewood neatly 12" off the ground. 5. Remove inoperable mechanical equipment from premises. Properly license snowmobiles, boats, trailers and vehicles. Store neatly or indoors. 6 . Repair or remove sheds. 7. Remove or store indoors all items noted. 8 • Fill excavation to grade, seed or sod. 9. Complete siding of garage. Please call if you have questions concerning the above orders. cc: Tom Heenan Bill Clelland Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE ABATEMENT OF NUISANCES AND HAZARDOUS CONDITIONS OF THE REAL ESTATE AT 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55429. WHEREAS, Brooklyn Center City Ordinance Section 19 -101 defines a public nuisance as maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any number of members of the public; and WHEREAS, Brooklyn Center City t Ordinance Section 1 Y y -103 9 provides that the accumulation of rubbish, the accumulation of junk, appliances, machinery, automobile and automobile parts, the outside storage of unusable vehicles, trailers and watercraft and the maintenance of any open pit or excavation are public nuisances; and WHEREAS, Brooklyn Center City Ordinance Section 7 -105 provides that any accumulation of refuse on a premises for more than one week is a nuisance; and WHEREAS, Brooklyn Center City Ordinance Section 7 -101 specifically defines refuse as all solid waste products, including junk vehicles, tires, brick, plaster, wood, metal and other waste material and further defines rubbish as dead trees and branches, construction materials, waste and the like; and WHEREAS, Minnesota Statute §463.15 et seq. defines a hazardous condition as any building or property which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinance Sections 35 -310 and 12 -707 provide for the number of accessory structures in R -1 residential districts, limiting the number of accessory structures to no more than two and provides for the maintenance and appearance of said structures; and WHEREAS, Brooklyn Center City Ordinance Section 12 -707 provides that accessory structures be structurally sound and maintained in good repair and appearance and that the exterior of such structures be made weather resistant; and WHEREAS, Brooklyn Center City Ordinance Section 19 -105 and Section 7 -105 and Minnesota Statute §463.15 et seq. permits the City Council to order the land owners to abate and correct public nuisances and abate and correct hazardous conditions and further empowers the City to undertake the abatement and correction of public nuisances and public hazards in the event that the property owners do not; and WHEREAS, the Director of Planning and Inspection has reported to the City Council with respect to the conditions existing at 6842 West River Road, Brooklyn Center, Minnesota 55429, setting forth the allegations of public nuisances and hazardous conditions; and WHEREAS, the City Council finds that public nuisances and hazardous conditions exist with respect to said property by reason of the fact that there is an open pit on the premises three to four feet deep and approximately 20 feet across creating a danger to the public and that further nuisances with respect to the property exist by the storage and maintenance of junk and disabled motor vehicles, five damaged and disabled boats, automobile parts„ mechanical parts, building materials, telephone poles, waste wood, branches, fencing, snowmobile parts, tools, ladders, mechanical devices, barrels and pails; and WHEREAS, the Department of Planning and Inspection has previously served Orders for Compliance upon the property owners identifying the hazardous and nuisances and ordering their abatement; and WHEREAS, the property owners have failed and /or refused to abate the hazardous conditions and nuisances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. That all of the building materials, fencing, telephone poles, bricks, concrete blocks and other construction materials, brush, branches and trimmings, all snowmobile parts, automobile parts, mechanical devices, boats, disabled motor vehicles, tools and the other defects set forth in the Order for Compliance dated 6 June 1990 are in violation of Brooklyn Center Ordinances Chapters 19 and 7 and Minnesota Statute §463.15 et seq. 2. That the number of accessory buildings, including storage sheds, exceeds the permissible number as provided by City Ordinance Section 35 -310 and the appearance and condition of the storage sheds and the garage is in violation of City Ordinance Section 12 -707. 3. Said violations are found to be hazardous conditions and public nuisances with respect to the real estate at 6842 West River Road, Brooklyn Center, Minnesota, based upon the findings herein and the reports of the Director of Planning and Inspection, copies of which are attached hereto and incorporated herein by reference. 4. That the abatement of the nuisances and hazardous conditions is hereby ordered by the City Council of the City of Brooklyn Center directing property owners David Wright Berg and Gwendyne C. Berg to completely correct and abate the hazardous conditions and public nuisances within seven days of service of this Order upon them and upon all lien holders of record. -2- 5. If the hazardous conditions and public nuisances are not corrected within the time provided herein, the City will obtain a judgment in Court allowing the City to abate the nuisances and hazardous conditions and assess the cost of abatements to the property owners under authority of Brooklyn Center City Ordinance Section 19 -105, Section 7 -105, Minnesota Statute §463.21 and Minnesota Statutes Chapter 429. Date Mayor r ATTES .� Clerk -3- STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEP:IN FOURTH JUDICIAL DISTRICT ---------------- •----------- - - - - -- File No. In Re the Hazardous Conditions at 6842 West River Road, Brooklyn CITY COUNCIL Center, Minnesota. ORDER TO: DAVID WRIGHT BERG AND GWENDYNE C. BERG, 6842 WEST RIVER :ROAD, BROOKLYN CENTER, MINNESOTA. Pursuant to Minnesota Statutes §463.15 et seq. and Chapters 7, 12, 19 and 35 of the Ordinances of the City of Brooklyn Center, the City Council of the City of Brooklyn Center, herewith orders David Wright Berg and Gwendyne C. Berg, owners of that real property at 6842 West River Road, Brooklyn Center, Hennepin County, Minnesota, legally described as: Lot 2, "Auditor's Subdivision Number 310, Hennepin County, Minnesota" :EXCEPT that part described as: The South 200 feet of Lot 2, "Auditor's Subdivision Number 310, Hennepin County, Minnesota ", lying Easterly of the 50 foot road running through said Lot 2, the center line of said road being described as follows: Beginning at a point on the South line of said Lot 2, a distance of 362 feet East of the Southwest corner of said Lot 2 as measured along said South line; thence Northerly to a point on the north Line of said Lot 2, said point being a distance of 387 feet East of the Northwest corner of said Lot 2, as measured along said North line. to correct and abate the hazardous conditions and public nuisances existing with respect to said property and the buildings thereon as more particularly set forth in this Order and the City Council Resolution Number , which is attached hereto and incorporated herein. Based on the Resolution of the City Council Number passed and adopted by the City on the day of , 1991, the City Council herewith orders David Wright Berg and Gwend.yne C. Berg to correct and abate the hazardous conditions and public nuisances within seven (7) days from the date of service of this Order upon you as follows: 1. Fill said open pit to grade level with dirt, sand or other suitable fill. 2. Remove all disabled and /or unlicensed motor vehicles from the premises. 3. Remove all refuse and rubbish from the premises, including but not limited to automobile parts, mechanical parts, snowmobile parts, tires, batteries, plowing and digging equipment, tools, barrels, mechanical devices and similar items. 4. Remove from the premises or completely store indoors all construction materials, telephone poles, lumber, bricks, block, stone, plaster and contruction materials of every type and description. 5. Install siding or other weather proof' barrier on the garage so as to completely enclose it from the elements. 6. Remove all storage sheds and other accessory buildings in excess of the two storage sheds which are permitted by law. 7. Renovate and repair all accessory buildings, including sheds and garage, such that they are structurally sound and maintained in good repair and appearance, including the use of paint and other preservatives. 8. Remove all brush, branches, trimmings and dead wood from the premises and store such wood, which is kept as firewood, neatly and to a height at least twelve inches off the ground. If all of the remedial work and repair required by this Order is not completed within seven (7) days from the date said Order is served upon you, the City shall apply to the Hennepin County District Court, by Motion, for summary enforcement of this Order unless said corrective action is taken or an answer is filed within the time specified by Minn. Stat. §463.18. All costs of repair, razing, correction and /or removal of the hazardous conditions and public nuisances, including but not limited to filing fees, service fees, publication fees, attorneys' fees, appraiser's fees, witness fees and other expenses incurred by the City of Brooklyn Center shall be billed -2- to the owners David Wright Berg and Gwendyne C'.. Berg and if said costs are not paid by 1 October 1991, the Clerk of Court shall certify the amount of the expense to the County Auditor for entry on the tax lists of the County as a special charge against the real estate on which the hazardous conditions and public nuisances are situated and said sums shall be collected in the same manner as other taxes and the amounts so collected shall be paid into the municipal treasury. CITY OF BROOKLYN CENTER Dated: , 1991 By: Gerald G. Splinter City Manager -3- RESUME OF PROCEEDINGS AGAINST DAVID W. BERG The following is a resume of the legal action taken against David W. Berg to date to require him to abate the nuisances and hazards existing at his premises at 6842 West River Road, Brooklyn Center, Minnesota. City Officials had previously advised that Berg's property constituted a long - standing problem by reason of the storage of junk vehicles, automobile parts, mechanical parts, building materials, incomplete construction with respect to his garage and a large open pit, approximately 20 feet in diameter dug to a depth of three to four feet, among other and numerous code violations. These conditions have existed with respect to the premises for more than five years. In the Spring of 1990, I was requested to take action with respect to the ten junk vehicles maintained on the property by Berg and our office issued a criminal complaint charging him with storage of junk vehicles. I met with Berg in Court on 4 May 1990 in an effort to both resolve the pending criminal charges and to secure his cooperation in cleaning up his property. Attached as Exhibit 1 is the sentencing transcript which recites our plea negotiations as follows: Berg entered a plea of guilty to five charges of maintaining unlicensed vehicles on the property and the State dismissed the remaining five counts of maintaining unlicensed vehicles. I agreed with Berg that the Court would stay imposition of sentence for one year, that it not sentence him to any period of incarceration or fine on condition that he remove all of the vehicles not later than noon on 31 May 1990 and that further, he clean up his entire yard and premises by noon on 15 June 1990, including removal of all automobile parts, tires, batteries, engine parts and assorted rubbish and building materials. I did agree that if he had a construction project actually underway and was working on the project on a regular basis, the building materials could remain there so that he could use them. I further agreed that if he removed all of the junk vehicles and cleaned up his yard by the 15th of June and he had no new additional, uncorrected violations in the next year, we would permit him to withdraw his pleas of guilty and the charges would be dismissed. However, it was agreed if he did not remove the vehicles or clean up the yard, the Court could sentence him to a maximum.fine of $700.00 and 90 days in jail on each of the five charges. Attached as Exhibit 1 is a copy of the transcript of sentence by which Berg, before the Court, plead guilty and agreed to all of these conditions. Berg did remove the vehicles by Memorial Day as agreed, but did not clean up his property. Clay Larson made a number of efforts to contact Berg and Berg either declined to return the phone calls or, if appointments were scheduled with Clay, he cancelled them. Clay delivered an Order of Compliance to him dated 6 June 1990, which is attached hereto as Exhibit 2, specifying all of the remedial work Berg was required to undertake in order to clean up the yard. Berg did not undertake any of the additional work with the exception of removing the vehicles and on 13 July 1990, Clay again inspected the property and found that "very little progress" had been made. He also noted that Berg had not contacted the City at all since the Compliance Orders were served. On 21 August 1990, Clay inspected the property again, and attached hereto as Exhibit 4 is his report, and found that again virtually no work had been done and that all of the building code violations, hazards and nuisances existed. Based on this information, I commenced proceedings before Marilyn Justman, Judge of the District Court, who sentenced him -2- to have his probation revoked and to have a fine and a period of incarceration imposed. A hearing was held on 14 January 1991 when Berg appeared with his attorney and he agreed that if the Judge would extend his probation, he would fill in the pit and clean up all of the debris and rubbish on the premises not later than noon on 21 January 1991, remove the excess number of storage buildings by 28 January 1991 at noon and within thirty (30) days reimburse the City of $300.00 in prosecution costs. He also admitted that he had violated his probation, which meant that if he did not comply with these requirements by 21 and 28 January 1991 respectively, he would be subject to fine and imprisonment. The sentencing transcript which is attached hereto clearly indicates Berg's agreement to fulfill these conditions and his understanding of these proceedings. I asked Clay to inspect the premises to see if compliance had been achieved and Clay's reports, which are attached hereto as Exhibit 6 and 7 clearly indicate that nothing has been done. Berg is now scheduled for sentencing before the Hennepin County District Court on 8 February 1991 and I have recommended that the Council order the initiation of civil proceedings under Chapters 19 and 7 of the City Ordinances and Minn. Stat. §463.15 et seq. to authorize the City to clean up the premises itself and to tax all of the costs, including attorneys' fees, on the tax rolls of the property in the manner of a special assessment. City staff proposes and advocates that the Council finds that these conditions constitute hazardous conditions and public nuisances in violation of Minn. Stat. §463.15 et seq. and Chapters 19 and 7 and specifically §7 -105 of the Ordinances of -3- the City of Brooklyn Center. If the City Council finds that hazardous conditions and public nuisances exist, it issues its order to the property owners requiring abatement of these conditions within a reasonable time. If compliance is not achieved, I will apply for an Order of the Hennepin County District Court authorizing the City to take all action necessary to abate the hazardous conditions and public nuisances and by law all costs incurred, including attorneys' fees, witness fees, administrative time and the like are assessed against the property. It is regrettable that the criminal and civil proceedings have to be undertaken, but these conditions have existed on the premises, unabated, for more than five years and it is clear that the property owner will not abate them and that City action is required to insure the public safet Y, health and welfare. Respectfully submitted, CARSON AND CLELLAND Dated:10moJ , 1991 110W C illiam G. Clella ; ID# 17280 Brooklyn Center City Prosecutor 305 Brookdale Corporate Center 6300 Shingle Creek Parkway Minneapolis, Minnesota 55430 -2184 (612) 561 -2800 -4- STATE OF MINNESOTA IN DISTRICT COURT 1 COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT 2 --------------------------------------------------------- 3 State of Minnesota, 4 Plaintiff, 5 VS. File No.: 90021835 6 David Wright Berg, 7 Defendant. 8 --------------------------------------------------------- 9 The above - entitled matter came duly on for 10 hearing before The Honorable Marilyn Justman, one 11 of the Judges of the above -named Court, on the 12 4th day of May, 1990, at the Brookdale Division 13 of Hennepin County, in the City of Brooklyn Center, 14 Minnesota. 15 16 APPEARANCES 17 WILLIAM CLELLAND, Brooklyn Park City 18 Attorney, appeared on behalf of the State. 19 DEFENDANT, pro se. 20 21 22 23 24 25 i I' 2 i THE CLERK: On Page 20, Line 46, David 2 Berg. 3 MR. CLELLAND: Your Honor, in view 4 of the nature of this case, it has taken some time 5 to work out a disposition. We do have a disposition 6 I'd like to set forth on the record, and have Mr. 7 Berg acknowledge. 8 First, Mr. Berg will enter a plea of 9 guilty to the first five counts of maintaining an 10 unlicensed vehicle on the property, and the State 11 moves to dismiss Counts 6 through 10, which are the 12 other five. 13 Second, we have agreed that the Court may 14 stay imposition of sentence for one year on the 15 following conditions, and that is, the following 16 ten motor vehicles will be removed from his 17 Premises, not later than noon on the 31st of May. 18 1990. Those vehicles which are set forth in the 19 police report, I'm showing to Mr. Berg, for his 20 confirmation, a gray Subaru truck, a red Dodge four - 21 door vehicle. a Dodge truck, a brown volkswagon, 22 a Dodge van. another Dodge, another Dodge van blue 23 in color, and a purple Dodge and I understand that 24 purple Dodge is already gone; right? 25 THE WITNESS: Right. MR. CLELLAND: So, nine vehicles i 3 1 would be removed from your premises by 12:00 noon 2 on the 31st of May, 1990; is that right? 3 THE WITNESS: That's correct. 4 MR. CLELLAND: Second. he will clean up 5 the entire yard and premises by noon on the 15th 6 of June, 1990. And he will remove items 7 in the yard including auto parts, tires, batteries, 8 engine parts, and assorted rubbish and building 9 materials. With respect to building materials, 10 we have agreed that if he has a construction 11 project actually underway, and on which work is 12 proceeding on a regular basis, that the 13 building materials may remain there so that he 14 can use them. But the retention of the building 15 materials would not be permitted if a. project 16 was contemplated in the future, rather than 17 active and underway. And he has agreed to store 18 all of the other materials not presently used in his 19 garage, which is permissible. 20 I have further agreed that if he removes all 21 of the vehicles by the 31st of May. and he cleans 22 up the yard by the 15th of June, and he has no 23 new uncorrected violations within the neat year, 24 that one year he may vacate the pleas of guilt and 25 the charges would be dismissed. However, if he does not remove the vehicles, if he does not i 4 I clean the yard or there is a uncorrected 2 violation, he is subjected to a maximum 3 penalty of $700 fine and 90 dabs on each charge. 4 With respect to new violations, I have told him 5 that the city would give him notice of violations. 6 and give him an opportunity to correct them, so that 7 he would not inadvertently violate this stay of 8 imposition. 9 Mr. Berg, you understand that at all times 10 here, I have been the attorney for the State of 11 Minnesota and the City and not your attorney? 12 THE WITNESS: Yes. 13 MR. CLELLAND: Based on our extensive 14 discussions today, do you understand everything 15 that I have set forth as a part of this plea 16 agreement? 17 THE WITNESS: Yes. 18 MR. CLELLAND: Do you understand 19 that by pleading guilty you give up your right 20 to an attorney, your right to trial whether by 21 judge or jury, which is your choice, your right 22 to be presumed innocent unless proven guilty, 23 and all the other rights that a Defendant has? 24 THE WITNESS: Yes. 25 MR. CLELLAND: Okay. Do you understand it's very difficult to withdraw a plea of guilty i i I once entered by you and accepted by the Court? THE WITNESS: Yes. 2 MR. CLELLAND: Do you understand 3 all of the terms of the plea negotiation, 4 including what beneficial things will happen 5 if you comply and what detrimental things will 6 happen if you do not? 7 THE WITNESS: Yes. 8 MR. CLELLAND: Okay. Do you intend 9 to plead guilty to the five counts under the 10 condition I've outlined on the record here? 11 THE WITNESS: Yes, I do. May 12 I just ask you to reiterate one thing? 13 Who do I have to satisfy, as far as clearing up 14 the yard? 15 MR. CLELLA'�D: I told you it would 16 have to be by the ordinance and I also told you 17 I had an opportunity- to review the ordinance, the 18 more you remove the better. I have told you that I 1 9 have no objection to lawn furniture, lawn ornaments. 20 and gardening equipment that's out. But all of the 21 automobile parts. all of the building materials 22 not presently used in an ongoing project has to be 23 either in the garage or removed. And all of 24 the other materials that you say you will 25 remove that constitute degree of rubbish. 6 You do have a right to have an attorney before 2 Her Honor, before any revocation of probation 3 takes place, but I did tell you that we would expect 4 all that material to be removed; do you understand 5 that? 6 THE WITNESS: Yes. 7 MR. CLELLAND: Do you feel that you 8 competently represented your own interests 9 in this negotiation? 10 THE WITNESS: I guess so, yes. 11 MR. CLELLAND: Okay. 12 THE COURT: Omitted from the list 13 of vehicles to be removed was Item No. 9, a 14 1983 Dodge station wagon with license plate 15 MM4032, was that to be omitted? 16 MR. CLELLAND: No. I overlooked that, 17 Your Honor. I thank you for bringing that to 18 my attention. 19 THE COURT: Okay. So. it's ten, not 20 nine vehicles? 21 MR. CLELLIND: He has actually removed 22 the last one. the purple Dodge. So it would be 23 nine. It would be numbers one through nine. 24 THE COURT: You can arraign. 25 THE CLERK: David Wright Berg, to the five counts of unlicensed vehicle on property as a I I 7 1 misdemeanor occurring on March 7th, 1990, in the 2 City of Brooklyn Center, how do you wish to plead 3 for all five counts? 4 THE WITI\ESS: Guilty. 5 Mk. CLELLAND: Pursuant to the 6 agreement, I would move to dismiss the 7 other five. 8 THE COURT: And you agree that on the 9 dates in question you had these unlicensed 10 vehicles on your property? 11 THE WITNESS: Yes. 12 THE COURT: I'll accept your waiver t3 rights on the factual basis for your plea 14 handling it under Minnesota Statute 609.135 15 to vacate and dismiss at the end of one year. if 16 you remove the veh icles hicles by May 31st , 1..90, and 1' clean up the yard by June 15th, 1990, and 18 you have no undirect violations of a 19 same or similar nature. 20 THE WITNESS: Yes. 21 THE COURT: Okay. That will 22 be all. 23 24 25 �I I i 1 8 2 3 4 REPORTER'S CERTIFICATE 5 6 I. Lynne M. brenz, a general Shorthand reporter, 7 of Professional Court Reporters. 3743 IDS Center, 8 Minneapolis, Minnesota, do hereby certify the fore - 9 going 7 pages of typewritten material constitute a 10 full, true and correct transcript of my original 11 Shorthand notes, as they purport to contain. of 12 the proceedings reported by me at the time and place 13I hereinbefore mentioned. 14 15 16 Ly one M. brenz 17 Dated this 17th day of December. 1990. 18 19 20 21 22 i , 23 24 25 ` I CITY OF BROOKLYN CENTER ORDER OF COMPLIANCE TO: David Berg FROM: Clay Larson, Building Official DATE: June 6, 1990 An inspection of 6842 West River Road discloses the following violations of the Brooklyn Center City Ordinances: 1. Building materials stored around garage, house and yard are in violation of Ordinance Section 12 -309. 2. Piles of wooden fencing, telephone poles and other piles of wood are in violation of Ordinance Section 12 -309. 3. Stacks of brick, concrete block, and stone are in violation of Ordinance Section 12 -309. 4. Accumulation of brush, branches, trimmings and deadwood is a violation or Ordinance Section 19 -103. 5. Snowmobiles, auto parts, plowing and digging equipment, boats, automobiles and various mechanical equipment are in violation of Ordinance Section 19 -103 #11. 6. Storage sheds exceeding number allowed by ordinance and in disrepair violate ordinances 35 -310 (number) and 12 -707 (maintenance). 7. All other items piled or stored outdoors which include, but are not limited to: pails, barrels, shelves, tools, auto parts, ladders, power tools, mechanical devices, and similar matter improperly stored violates Ordinance Section 19 -103 #11. 8. Open pit in front yard lined with concrete block violates Ordinance Section 19 -103 #6. 9. Lack of siding or weatherproof barrier on garage violates Ordinance Section 12 -707. You are hereby ordered to take the following corrective action not later than the 15th day of June 1990. Numbers correspond to above mentioned violations. 1. Remove building materials from premises or store indoors. 2. Remove unused fencing and poles from premises. 3. Remove brick, block and stone from premises or store neatly so as not to provide harborage. EXHIBIT A Memo Page 2 June 6, 1990 4. Remove brush, branches, trimmings and dead wood from premises. Store firewood neatly 12" off the ground. 5. Remove inoperable mechanical equipment from premises. Properly license snowmobiles, boats, trailers and vehicles. Store neatly or indoors. 6. Repair or remove sheds. 7. Remove or store indoors all items noted. S. Fill excavation to grade, seed or sod. 9. Complete siding of garage. Please call if you have questions concerning the above orders. cc: Tom Heenan Bill Clelland MEMORANDUM TO: William Clelland , FROM: Clay Larson, Building Official DATE: 17 July 90 RE: David Berg, 6842 West River Road On 13 July 90 I visited the referenced premises to verify compliance with orders issued on 6 June 90 requiring Mr.Berg to clean up his yard. At this time very little progress has been made. Although it appears he has worked a bit on all of the areas, he has not finished any. It is also noted that two or three other projects have been started. He has not contacted me at all since the orders were delivered. You are advised to take appropriate action to revoke probation based on non - compliance with orders. EXHIBIT B MEMORANDUM TO: William Clelland, City Attorney FROM: Clay Larson Building g RE: 6842 West River Road, David Berg Residence DATE: 21 AUG 90 A re- inspection of the referenced property discloses that very little work has been done to correct the items referred to in the orders written on 6 JUNE 90. I have reviewed the orders and make the following comments that correspond to the numbers on the orders. 1. Building materials still found to be piled around house, yard, and garage. The site is basically unchanged from my last visit. 2. Piles of wooden fence, lumber, and poles are still piled throughout the yard. Some of the poles were distributed about the yard and used as garden edging. 3. Brick, stone, and block are piled all over the yard. 4. Firewood, branches, and dead wood are noted at many locations in the yard. They provide harborage areas for rodents. 5. Trailers, mechanical equipment, and boats are still there and are in various stages of disrepair. 6. Storage sheds remain and, although one has been painted, they are in disrepair and are too numerous. 7. Very little of the various items stored and strewn about the yard have been removed. I noted that 3 steel beams and 20 fiberglass panels have been added to the mess. 8. Open pit in the front yard is still not filled in and is a hazard. It is aprox. 3 -4 feet deep. 9. Garage is not complete and has been in this state for over 5 years. Siding, soffit, windows, doors, and floors all need to be completed. There has been no progress in cleaning up this mess. I personally doubt that Mr. Berg is capable of doing the job of restoring the yard to an acceptable condition. It is time for the court to mandate action. EXHIBIT C 1 STATE OF MINNESOTA DISTRICT COURT 2 COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 State of Minnesota, DC 90021835 5 Plaintiff, 6 vs. 7 DAVID WRIGHT BERG, 8 Defendant. 9 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 The above - entitled matter came duly on for hearing 11 before The Honorable Marilyn J. Justman, one of the 12 Judges of the above -named Court, on the 14th day of 13 January 1991, at Division II, Brookdale Court House, 14 Hennepin County, Minnesota. 15 16 APPEARANCES 17 William Clelland, Esq., Assistant City Attorney, 18 appeared as counsel on behalf of the State. 19 Allen Albrecht, Esq., appeared as counsel on 20 behalf of the Defendant. 21 Sandra Smith, court reporter 22 23 WHEREUPON, the following proceedings were duly 24 had, to -wit: 25 2 1 2 THE CLERK: This is the State of 3 Minnesota versus David Wright Berg. File number 9001835. 4 THE COURT: Please note your appearances 5 for the record. 6 William Clelland, attorney for the State and the 7 City of Brooklyn Center. Allen Albrecht (ph) for the 8 defendant Mr. Berg. 9 THE COURT: This was set on for 10 evidentiary Morrissey Hearing this afternoon on the 11 issue of whether or not Mr. Berg violated the terms of 12 his stayed sentence which was imposed on May 4, 1990 at 13 Brookdale. Are we going to have that hearing? 14 MR. CLELLAND: I believe we have it 15 settled, is that correct counsel? 16 MR. ALBRECHT: Yes. 17 THE COURT: What is the nature of the 18 settlement? 19 MR. CLELLAND: I will recite the 20 agreement, Your Honor, at this time. First, the 21 defendant will admit, on the record, the violation 22 alleged; that is, he violated the condition of this 23 Court's stay by the sentence of the 4th of May, 1990. 24 The parties have also agreed that the stay of imposition 25 may continue with the ultimate result contemplated and 3 1 that is that these five charges would be dismissed on 2 the 4th of May, 1991 if the following conditions are 3 absolutely and completely complied with. Now, they 4 would be number one, the payment of three hundred 5 dollars in prosecution costs, payable within 30 days or 6 less. Two, compliance with the following requirements 7 of the city. Number 1, with respect to the barbecue pit 8 that has been excavated, within one week or noon by the 9 21st of January that pit will be filled in with earth to 10 grade level. Number 2, the building materials, 11 automobile parts, debris, dead wood, mechanical 12 equipment, boats, trailers, lumber, poles, fences and 13 other items in Exhibit B, which I will introduce, will 14 be removed from the premises by the 21st of January at 15 noon. Number 3, any storage buildings in excess of the 16 number permitted by city ordinance shall be removed by 17 the 28th of January at noon. Number 4, with respect to 18 the garage, in view of the cost of its renovation, we 19 have agreed that any repair or renovation of the garage 20 will not be a part of this revocation proceeding and 21 that the city official will contact Mr. Berg 22 subsequently to advise him about what should be done to 23 permit him to have a reasonable opportunity to comply; 24 and therefore, this stay will not be predicated upon any 25 repair or renovation have the garage. If the defendant i 4 1 complies with all of those conditions by the times set 2 forth, then upon confirmation of that, these five 3 charges will be dismissed on May 4, 1991 and the 4 convictions vacated. If he does not comply, we will ask 5 the Court, based on the admission he is to make here 6 today, to forthwith execute the sentence with respect to 7 the five counts. At this time, if I may approach, I 8 would like to introduce the State's Exhibit B which 9 contains a more specific list of the items requiring 10 compliance and particularly describing the items that 11 need to be remove from the premises. 12 THE COURT: Counsel have you seen this? 13 MR. ALBRECHT: Is that the August 21st 14 one? 15 MR. CLELLAND: Yes, it's attached to all 16 of my moving papers and I went over it with counsel here 17 at the table. 18 THE COURT: Why is it labeled State's 19 Exhibit B, where is A? 20 MR. CLELLAND: A was in 21 contemplation have a hearing. A was going to be the 22 memo of June 6th, the original set of violations. I can 23 introduce it all if you would like. 24 THE COURT: No, I just wanted the record 25 to reflect the fact that we are using B only. I am 5 1 satisfied that Exhibit B will permit the record to show 2 all parties exactly what has to be removed. 3 THE COURT: Counsel for defendant. 4 MR. ALBRECHT: Your Honor, first of all 5 as to Exhibit B, I would ask counsel to send me a copy 6 of that letter, I don't know if I have one in my file 7 and I just want to be sure we are all clear on what has 8 to be done. 9 THE COURT: I will have my clerk get you 10 a Xerox copy before the day is over. Now, regarding the 11 settlement negotiation? 12 THE COURT: I believe the agreement which 13 Mr. Clelland has recited this afternoon is a correct 14 recitation of the agreement that we have reached here 15 this afternoon. 16 THE COURT: Would you elicit the proper 17 waiver of Morrissey Rights and admission on the record 18 of the violations. 19 EXAMINATION BY MR. ALBRECHT: 20 Q Mr. Berg, on May 31, 1990 you were before this 21 Court with regard to some violations concerning 22 some automobile and some other materials? 23 A Yes. 24 Q And as part of the agreement that you reached at 25 that time, you agreed to remove some motor 6 1 vehicles, ten motor vehicles from the property? 2 A Yes. 3 Q And secondly, you agreed to remove specifically 4 some auto tires, parts, batteries, engine parts and 5 a storage rubbish or building materials that were 6 not being currently used and to comply with any 7 other violations that the City may have brought to 8 your attention? 9 A Yes. 10 Q And that the deal that you reached at this time was 11 conditioned upon or that you would meet the 12 conditions of number 1 and 2 or you would be 13 subjected to a maximum penalty of a seven hundred 14 dollar fine and a 90 day jail time on each charge, 15 is that right, is that correct? 16 A Yes, I think there were five charges at that time. 17 Q Now, is it your testimony to this Court today that 18 in your mind that you have not complied with all 19 conditions of this agreement? 20 A No, not fully. 21 Q And is it your testimony before this Court today 22 that you understand the terms of the agreement 23 recited here today in open court? 24 A Yes. 25 Q And it's your intent to abide by those terms or ' 1 7 1 face the penalty as outlined in the agreement by 2 May 31st, 1990? 3 A I am going to try, yes. 4 MR. ALBRECHT: I have nothing further. 5 THE COURT: Mr. Berg, do you understand 6 you have the right to present witnesses in court, which 7 we were about to do today. You have the right to 8 cross- examine and confront all of the State's witnesses 9 testifying against you and you have the right to make 10 the State prove to me by a certain standard of proof, 11 which I think is fair preponderance of the evidence, 12 that you have violated those terms and conditions of the 13 stay. We will not go through that process because you 14 are making your admissions today, are you aware of that? 15 THE DEFENDANT: I was not until just a 16 moment ago, but yes. 17 THE COURT: Is that what you want to do? 18 THE DEFENDANT: Not exactly, but yes, I 19 am agreeing to do that. 20 THE COURT: Okay, and you spoke this over 21 with your attorney? 22 THE DEFENDANT: Yes. 23 THE COURT: Do you feel certain you 24 understand what is going on? 25 THE DEFENDANT: Yes. 8 1 THE COURT: By the terms of the agreement, 2 if you admit the violations and do the following then 3 nothing will happen, essentially. You have to pay three 4 hundred dollars in court costs to the city of Brooklyn 5 Center, fill in the barbecue pit to grade level by 6 January 21, 1991, that is with earth. You have to take 7 away building materials, dead wood, lumber, poles, car 8 parts, equipment and whatever else Mr. Clelland read 9 into the record, that all has to be taken away by 10 January 21, 1991, at noon. And the number of storage 11 buildings that you have on you premises has to comply 12 with city code by January 28, 1991. Your garage will be 13 exempt from all these requirements and city officials 14 will notify you later about how to make your garage 15 comply. So, basically, you have to have your place 16 cleaned up by January 28th, some by the 21st and the 17 rest by the 28th, which is two weeks from today. Do you 18 understand that? 19 THE DEFENDANT: I understand, 20 yeah. 21 THE COURT: Okay, I will find that there 22 is a knowing and intelligent waiver of Morrissey Rights 23 on the record and an admission of the violations and I 24 will make as a part of the Court file, State's Exhibit 25 B, outlining the agreement - of the parties with regard to 9 1 what Mr. Berg has to do. I will continue the stay, in 2 effect, and there will be no revocation put into place 3 as of today's date. When can you pay the three hundred 4 dollars court costs? 5 THE DEFENDANT: 30 days? 6 THE COURT: I will give you 30 days. 7 THE DEFENDANT: Thank you. 8 (WHEREUPON, this concluded 9 the above- entitled matter) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 1 STATE OF MINNESOTA) ) ss 2 COUNTY OF HENNEPIN) 3 4 5 REPORTER'S CERTIFICATE 6 I, Sandra D. Smith, do hereby certify that the 7 foregoing proceedings were had at the time and place 8 hereinbefore set forth; 9 10 That the same were duly recorded by me 11 stenographically and reduced to typewriting; 12 13 And I certify that this is a true and correct 14 transcript of my stenographic notes, so taken, to the 15 best of my ability. 16 17 18 SANDRA D SMITH 19 Court Reporter 20 21 DATED THIS 31st DAY OF JANUARY, 1991. 22 23 24 25 l MEMORANDUM r To: William Clelland From: Clay Larson, Building Official Date: January 22, 1991 1 Re: 6842 West River Road At 9:00 a.m., this date, an inspection was n.ade at the refe_ence:J premises. The following items are noted: I. Pit in front of house (3 -4 foot deep) is still open. It is partially fenced. 2. 3 boats in yard 3. 6 trailers in yard 26 —4. 4 sheds in yard S. 6 vehicles in yard 6. Auto parts, lawn tractor, small back -hoe, piles of lu-mber, fire wood, junk, brick, block, and stone ir. yard. 7. Junk car (with colle plate) in front yard We will take photos of the yard later today. I will check t1h_e yarA again on January 28, 1991. MEMCRA14DU ? To: Willian Clelland Fro:: Clay Larson, Building official Date: Jan. 29, 1991 Re: 6842 West River Road An inspection was naJ at tf:c referenced premises at 2pm. The yard is unchanged fro; r;y last visit on Jan. 22, 1991. l I MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY HENNEPIN AND THE STATE OF MINNESOTA JANUARY 31, 1991 STUDY SESSION CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:36 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Bernards and Ainas had called to say that they would be unable to attend and were excused. APPROVAL OF MINUTES - JANUARY 17, 1991 Motion by Commissioner Johnson seconded by Commissioner Mann to approve the minutes of the January 17, 1991 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. 0 APPLICATION NO. 91002 (Group Health, Inc.) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to make a 1,387 sq. ft. addition to the northwest corner of the Group Health Clinic at 6845 Lee Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91001 attached). Following the Secretary's presentation, Chairperson Malecki asked the applicant whether he had anything to add. The applicant responded in the negative. Chairperson Malecki asked whether there was curb and gutter at the driveway serving the existing storage building. Mr. Jim Wilson, the architect for the project, responded in the affirmative and stated that they would add curb and gutter to the new paved area. Commissioner Mann inquired as to the fence along 69th Avenue North which provides screening. Mr. Wilson responded that the existing fence will be removed and that a new fence will be installed around the trash dumpsters. He stated that there is an existing dumpster and that one would be added for recycling. Chairperson Malecki asked what the addition would be used for. Mr. Wilson stated that it would be additional office space for the clinic. The Secretary recommended a condition regarding screening of the dumpster and any rooftop mechanical equipment. Mr. Wilson 1 -31 -91 1 responded that the applicant had no problem with such a condition. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91002 (Group Health, Inc.) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 91002, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Paving and curbing plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be approved by the City Manager) shall be submitted prior to the issuance of permits to insure completion of approved site improvements. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a remote monitoring system in accordance with Chapter 5 of the City ordinances. 5. B612 curb and gutter shall be provided around all 'new paved areas. 6. All outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NOS. 90028 AND 90029 (Twin View Development, Inc.) The Secretary then introduced the next two items of business, a request for rezoning and site and building plan approval to rezone from I -2 to PUD /R1 and Open Space the 17.5 acre Soo Line property west of France Avenue North and south of 51st Avenue North and a request for preliminary plat approval to subdivide the same property into 27 single family lots and two open space outlots. The Secretary reviewed the contents of the staff reports concerning these applications (see Planning Commission Information Sheets for Application Nos. 90028 and 90029 attached). During his presentation, the Secretary explained that there are two lots on the west end of the development that may be acquired by the City and that the Director of Public Works is negotiating with the applicant regarding the possible acquisition of those lots. The Secretary also referred to three letters received from residents near the property in question and noted that all three opposed the 1 -31 -91 2 s rezoning to R1. The Secretary added that there was no change required of the Murphy Warehouse at the present time, but that the R1 abutment would affect the future development or redevelopment of that property. Regarding the draft Comprehensive Plan Amendment, the Secretary recommended that the Plan Amendment be approved even if the rezoning were denied. In addition to the information sheets, the Secretary reviewed a draft resolution recommending approval of Application No. 90028. Commissioner Holmes asked whether a change in the Comprehensive Plan would, in effect, rezone the property involved in that area. The Secretary responded in the negative. He explained that the Comprehensive Plan is a guide with policies and recommendations for land use, transportation and other facilities within the City. He explained that the zoning of a property effectuates the Plan. He also explained that if there is a conflict between the zoning of a property and the recommendation in the Comprehensive Plan, it is the zoning of the property that controls the use, not the Plan. He stated that it is good for zoning to be consistent with the Comprehensive Plan and that it would not be considered "spot zoning" if the Plan recommended a certain zoning even for a single parcel. He concluded by pointing out that the Planned Unit Development Ordinance requires that land involved in a PUD must be located in a redevelopment district. He explained that the Comprehensive Plan Amendment would establish this property and other properties in the I -2 zone as a redevelopment district. Commissioner Holmes noted that, if the rezoning is approved, it would bring the R1 zone down to the property line with the Murphy Warehouse. He noted that a 100' buffer is required and asked what would happen if the I -2 zoning remained on the Soo 'Line property. The Secretary explained that there is a 30' wide half - street dedication for 51st Avenue North along the north edge of this property. He stated that a 50' buffer would be required from such right -of -way. He added that if an industrial use came into the property, it could dedicate the other half of 51st Avenue North, petition for a street, and then provide a 50' buffer from that new right -of -way line. Commissioner Holmes asked what would happen to this right -of -way area if the rezoning to R1 is approved. The Secretary explained that there is no street within the right -of -way at this time and that the City would consider vacating its right - of -way over that land if the rezoning to R1 were approved. Chairperson Malecki asked whether it was likely that the City will go along with the staff recommendation to buy the two lots at the west end of 51st Avenue North. The Secretary stated that that would be up to the City Council. He stated that staff would recommend such an acquisition because it would provide access to the open space area being donated by the applicant. Chairperson Malecki asked how the action on the rezoning would be related to the Comprehensive Plan Amendment. The Secretary admitted that staff had had a problem getting the notice to the paper on time and 1 -31 -91 3 that the Plan amendment would have to be considered again at the February 14, 1991 Planning Commission meeting. He stated that the rezoning would have to be approved contingent on approval of the Comprehensive Plan Amendment. He again recommended that the Plan Amendment be approved independent of the rezoning, although the rezoning would be contingent on the Plan Amendment. The Secretary pointed out that the City may need to redevelop other areas within this I -2 zone of the City and that the option of developing them as a PUD would be helpful. He noted especially the industrial area at 50th and France Avenue North. Commissioner Johnson noted area #17 on the map and asked what the recommendation was for that area. The Secretary stated that the Plan recommended mid - density residential on that property and reviewed some of the sites included in area #17. Commissioners Holmes noted that some of the soil tests in the area had shown positive indications of contamination of the ground water. The Secretary explained that the homes that would be built in this area would be served by City water and not by private wells. He added that the City water system had not been contaminated. In response to another question from Commissioner Holmes regarding traffic coming down 51st Avenue North toward France, the Secretary stated that staff have recommended that the applicant provide landscaping on the property across France Avenue to screen out headlights, but that such landscaping should be with the consent of the homeowner. Commissioner Holmes asked who would be responsible for maintaining the fence within the buffer area. The Secretary responded that the future property owners would ultimately be responsible. Commissioner Holmes asked whether that responsibility would be shared collectively or done on an individual basis. The Secretary answered that collective responsibility for the fence could perhaps be required through a restrictive covenant. Commissioner Mann asked whether the fence was required or whether possibly a landscape treatment would be more attractive in this area. The Secretary responded that the fence is not required of the residential development, but that the proposed berm and fence would provide immediate screening whereas landscaping takes time to grow and provide effective screening. Commissioner Mann stated that it was hard to get people to cooperate to maintain a fence. The Secretary answered that it could be the same with a landscape treatment that was intended for the same purpose. Commissioner Johnson asked if there could be a requirement for the wall of the warehouse to be maintained. The Secretary stated that that could not be required under current ordinance and that the building would be grandfathered in its present location if the rezoning were approved. Commissioner Holmes asked about the condition that no dwelling be less than 960 sq. ft. on the main level and whether that was part 1 -31 -91 4 of the PUD requirements. The Secretary answered that that figure was based on the plans that had been submitted. He stated that if the applicant cant wishe pp d to build a home less than 960 sq. ft., they would have to come back and amend the PUD approval. Chairperson Malecki asked the applicant whether he had anything to add. Mr. John Johnson, the project engineer with Merila and Associates representing the applicant, stated that he had been on both sides of development issues as a Planning Commissioner and a resident as well as someone representing developers. He stated that the objective was to provide moderate cost, high - quality homes and added that there would be a donation of over 8 acres of open space. Mr. Johnson pointed out that, if the rezoning to R1 were not approved, the only option left would be the I -2 zoning since other possibilities have been rejected. He stated that this was not intended as a threat, but simply a statement of fact. He stated that the R1 use of the property and the open space would benefit the neighborhood and the City. Mr. Johnson stated that a market analysis had been done before the project was proposed and that the standard house that would sell in this area of the northwest suburbs could fit on an R2 size lot. He explained, however, that the R2 zoning was not acceptable to the City and that the PUD was pursued as a possibility for allowing single family and open space zoning. He stated that the applicant had suggested a private open space buffer along the south edge of the development to alleviate the burden of providing a buffer` by the industrial use and to keep it from becoming a nonconforming use. Mr. Johnson stated that, since the neighborhood meeting, the applicant has reduced the density of the project by approximately 10 %. He stated that there would be two lots less than 9,500 sq. ft. and two other lots less than 10,000 sq. ft. He pointed out that man of the lots would be large, e at least 20 over the C' g o City's ordinance requirement. Mr. Johnson showed a map of the surrounding neighborhood and noted that approximately pp tely 700 of the lots within 500 ft. of the subject property were 75' or less in width. Mr. Johnson stated that the homes would be of good quality and that there was no need to fear a poor quality development. Regarding the buffer, Mr. Johnson stated that he would recommend that the buffer zone as proposed remain. He explained that this would keep the warehouse from becoming a nonconforming use. He stated that the applicant was not opposed to extending the R1 zone down to the Murphy Warehouse property, but that it was not being sought by the applicant. Mr. Johnson stated that the traffic generated by the development would be insignificant compared to the entire neighborhood. He also showed a drawing of the neighborhood and pointed out that there are a number of other T intersections in the neighborhood. He stated that the applicant was willing to provide some screening on the property across France Avenue to 1 -31 -91 5 block out headlights. He stated, however, that he thought that most of the cars would turn south. Regarding wetland preservation and use of open space, Mr. Johnson stated that the project would integrate well with the plans of the Park and Recreation Commission. He stated that the ground water in the area north of the tracks did not appear to be contaminated and that there was no evidence of soil contamination from recent soil borings. He concluded his comments by asking for action on the rezoning and the plat at this evening's meeting. The Planner asked Mr. Johnson about the response to the requirement for additional trees along the south side of the development adjacent to the Murphy Warehouse. At the same time, Commissioner Holmes asked about the applicant's rezoning the area to R1 down to the property line with the Murphy Warehouse. Mr. Johnson stated that the applicant is not opposed to that rezoning, but that he does not really want to become the cause of making the warehouse a nonconforming use. Commissioner Holmes asked what would happen to the 40' area. Mr. Johnson stated that no structures would be allowed in the buffer area. There would be a fence and berm. He stated that landscape treatment was also a possibility. The Planner clarified that staff recommended both a fence and additional landscaping along the south side of the development. Mr. Johnson showed a cross section of the development from the north end down to the Murphy Warehouse property. He stated that the fence would screen out the loading dock area and that over - story trees would tend to screen out the remainder of the building. He stated that the proposed plan calls for a mixture of trees and shrubs and a staggered fence rather than one in a straight line. Mr. Johnson stated that the applicant was not opposed to providing additional landscaping. He stated that the PUD designation allows the City and the developer to address various concerns. PUBLIC HEARING (Application No. 90028) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Ms. Diane Lerbs, of 5107 East Twin Lake Boulevard, then addressed the Planning Commission at some length. She expressed appreciation to the developer for listening to the concerns of the neighbors and for the Commission also in taking her concerns into account. She listed a number of concerns. She asked about the housing implementation plan and whether that was being followed with this rezoning. She noted that the proposal would have to be approved by the Watershed District. She stated that she wanted to be for the project, but that she had a gut feeling that she did not like it and that it was not in keeping with Oak Street. She stated that when she moved into the area in 1986, she liked the spacious houses in the area. She stated that the houses on France Avenue and further east are smaller and that they were built at an earlier 1 -31 -91 6 time. She stated that the proposed development plans look cramped to her and not in keeping with the character of the neighborhood. She pointed out that the economy was in a recession and that this would make it harder to sell these houses. She stated that she really wouldn't mind another warehouse and that she does not mind the existing warehouse. As to the prospects for redevelopment in the area, she stated that she felt the City was being reactive in responding to this proposal rather than proactive in looking at the needs for redevelopment in the area. She went on to express concern about problems with noise from the railroad. She stated that the train noise will be overwhelming for the homes that are built. She added that, if the people coming from this street turn south onto France, there will be more people waiting for the train to pass at the crossing at France Avenue. She also expressed concern about adding more curves to the street and stated that there could be more safety problems for kids because of cars speeding up around the corners. She stated that runoff from the project would pollute the lake. She stated that she had called a number of people in the area and that almost all of them prefer the existing I -2 zoning over the proposed R1. She stated that if there were only f ive to seven houses it would be o.k., but that the number of homes proposed seems cramped to her. Ms. Lerbs went on to state that trees in the area would die as a result of the development and that she did not want to see this. She asked whether a market analysis had been done that justified the investment by the builder in these homes and she also wondered whether the homes would pay as much in taxes as the existing homes. She stated that if the proposed 51st'Avenue development is built, there will be a need for more stop signs on France Avenue North because of the increased traffic and that more stop signs would cause more pollution. She stated that, if the aim of the City is to attract more people to Brooklyn Center, she recommended working with the older people who are in existing homes to get the housing stock turned over for younger families moving in. She expressed concern about the older starter homes in the community. She concluded by asking who would pay $90,000 to live by a warehouse and a railroad. Mr. Daniel Middlestedt, of 5120 East Twin Lake Boulevard, then addressed the Commission. He stated that the State statute requires a 10 day notice and that the Secretary was resisting a lot of people who pointed out needs for change to the development plans. He stated that he would like some modifications of the plans. He stated that the comments of the neighborhood are not being taken seriously. He expressed concern about connecting 51st Avenue North to East Twin Lake Boulevard because it would involve more traffic in both directions. He suggested making 51st Avenue North a cul -de -sac and that this would cut off traffic that would otherwise go up East Twin Lake Boulevard. Mr. Middlestedt stated 1 -31 -91 7 that the pollution problem to the wetland area would be reduced if the City would buy lots 14 and 15 of the proposed development. Regarding the addition of the 30' of right -of -way for the old 51st Avenue North to the lots abutting Oak Street, Mr. Middlestedt suggested the possibility of adding that 30' to the development in order to provide a greater buffer adjacent to the warehouse buildings to the south. Mrs. Marie Middlestedt, also of 5120 East Twin Lake Boulevard, stated that they had moved into the neighborhood in August and liked the area. She asked that the Commission reconsider the size of the houses which would range from 962 sq. ft. to 1,200 sq. ft. on the main level. She suggested looking at other homes in the area to determine a standard. She stated that she felt that the proposed development did not offer stability to the existing neighborhood. She stated that the development would probably be nothing but starter homes and that she didn't like the people that might move in. She stated that she would also like to know the price of the homes to be sold as well. Mr. Earl Forsberg, of 3849 Oak Street, stated that the 30' wide easement to the south of his property should not be done away with because it has to be there for the electric utility and cable television, etc. He stated that the trees should be preserved as much as possible. He stated also, that the lots on the west end of the development would be no higher than the swamp. Mr. Forsberg concluded his comments by complaining that the development would take away the area where the neighbors hit their golf balls. Commissioner Johnson asked Mr. Forsberg if he meant that he did not want the 30' wide right -of -way area to be vacated. Mr. Forsberg again stated that the utilities ran through that area. Chairperson Malecki stated that there was no plan to build a street on the old right -of -way and that the land would revert to the homeowners if it were vacated. Mr. Harlan Lewandowski, of 4100 51st Avenue North, briefly addressed the Commission. He showed on an overhead transparency where his house was and described some of the environmental amenities which he presently enjoyed. He noted that the wind comes off the lake, but that there is not much wind in the front yard and that he has blue herons coming into his front yard. He pointed out that wildlife does not recognize boundaries created by subdivisions. He suggested making 51st Avenue North a cul -de -sac and connecting East Twin Lake Boulevard with a trail, but not a street. He discussed the merits of paths and wildlife in the area and suggested the possibility of letting the people in the area own the land rather than having it developed. He concluded by stating that he still felt there were a lot of houses in the proposed development. Mr. Duke Dalrymple, of 5142 France Avenue North, stated that he believed the applicant has compromised a lot in changing his 1 -31 -91 8 proposal from its original layout. He stated that he did not oppose the development now. He expressed concern about fence controls, however. He wondered who would maintain the fence and how people would join the fence with their own private cyclone fences. He expressed concern that openings in the fence would allow children to get through and get into trouble. He pointed out that a wood fence will deteriorate over time whereas a cyclone fence would need minimal maintenance. He expressed concern about the possibility of transients hiding behind the fence to get at young children. Ms. Diane Lerbs asked what if a majority of the people near the proposed development opposed the rezoning. She asked whether that carried any weight at all. Chairperson Malecki stated that the Commission would have to take a lot of things into consideration in making a recommendation. She stated that the Commission would certainly listen to the concerns of the neighbors and that it also had to look at overall land use concerns in making a recommendation. She added that a number of compromises have been made by the developer to accommodate the concerns of the neighbors. Ms. Lerbs stated that the development would be cramped. She stated that she would almost rather see one apartment building in the middle of the property rather than a number of single family homes. She stated that she would also rather have an industrial building. Mr. Duke Dalrymple stated, however, that the proposed development is really fairly comparable to Oak Street. Mr. John Johnson, the project engineer, showed a layout of the area and showed that it was comparable to Oak Street in terms of the number of lots. He stated that the homes' styles would be different, but of comparable quality to the ones along Oak Street. He stated that, as the homes are finished off, their total finished square footage would approach 2,000 square feet which is an ample size house. He stated that there is a market for new homes in the Brooklyn Center area, but limited land in which to meet that demand. Ms. Diane Lerbs expressed concern about the headaches that the neighborhood would go through during the construction of the homes. She stated that an industrial building would be built and be done with, whereas the homes would be under construction over a longer period of time. Mr. Duke Dalrymple recommended that the Planning Commission look at the fence. He stated that the berm is not necessary although he didn't object to it. He again expressed concern regarding the possibility of access to the tracks for small children. Chairperson Malecki asked the applicant how he would respond to some of these concerns. Mr. John Johnson stated that the purpose of the fence was to try to provide a buffer which would normally be required where industrial use is adjacent to residential use. He stated that the fence would be treated lumber and that it would be possible for a chain link 1 -31 -91 9 fence to tie into that fence. He admitted that fence maintenance was a question which could be resolved. He also suggested the possibility of using prairie grass on the south side of the fence to limit the need for maintenance by the homeowners. Mr. Johnson went on to address some other concerns. He stated that lot sizes and homes in the proposed subdivision are not significantly different from those in the neighborhood. He stated that the houses would be different, that they would be a 1990's style home, rather than a 1960's style home. He stated that the homes would be a split entry and would offer a fair amount of potential space. He stated that the safety of children is a valid concern that the applicant shared. Regarding runoff from the development, he stated that a skimmer would be installed to catch floatable debris before the runoff drained into the wetland area. He added that the watershed regulations would be observed. Regarding the possibility of a cul -de -sac, Mr. Johnson stated that there is not enough land north to south in this development to provide cul -de -sacs. He added that the length of the cul -de -sac or cul -de -sacs would exceed the City's standard length. Mr. Harlan Lewandowski asked about the possibility of providing access across a footpath. Mr. Johnson reviewed some of the problems with different cul -de -sac designs. He added that the curving street is intended to discourage traffic from East Twin Lake Boulevard using the new 51st Avenue North to get to France Avenue. He stated that no soil pollution had been detected from the soil borings that were done on the site. He also reminded the Commission and the neighbors and that, if the residential zoning were denied, it would be very easy for a mini - storage development to be built on the property. As to staging the project, he stated that it would be necessary to build the project over two or three years and that the entire street would have to be put in at the beginning because it is not large enough to do in stages. Mr. Johnson concluded by stating that the conflict with Ms. Lerbs probably can't be resolved, but that the proposed residential development would be less intrusive to the neighborhood than an I -2 development. The Secretary then commented on the fence concerns. He stated that staff recommended a fence to be put up by the developer rather than leave the matter up to the homeowners to put up. Regarding maintenance, he stated that he was not sure whether the City should interject itself into that concern of the neighbors. He stated that, if a future homeowner took down the fence, the City probably would not object since it would be on residential land. He stated that there could be some restrictive covenant governing the color of the fence if that was a concern. He concluded by stating that staff would recommend a screening device, but that the responsibility for maintaining that screening device would lie with future homeowners. 1 -31 -91 10 Chairperson Malecki then asked whether anyone else wished to comment on the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Mann to close the public hearing on Application No. 90028. The motion passed unanimously. Chairperson Malecki then asked the Commission for their comments. Commissioner Mann stated that she didn't believe the actual density of the development had been pointed out. She noted that there would only be 2.9 units per acre and that this was a fairly low density. She stated that she had looked at comparable homes with the developer and that she felt they were good quality homes. Commissioner Holmes stated that he expected the homes to be starter homes. He doubted that people would move up to a home that was next to a railroad line. Commissioner Johnson pointed out that he had lived next to a railroad for 18 years. Chairperson Malecki pointed out that it was the developer who was taking the risk in trying to sell the homes. Commissioner Mann asked, if the homes were not selling, wouldn't the standards of the PUD have to be met. The Secretary stated that the applicant would have to stay within the limits of the approved plans or get a new approval. He stated that it was possible for the applicant to request an amendment, but that it would involve the same public hearing process as `the initial approval. Commissioner Holmes asked how the City could protect against the developer being occupied by subsidized individuals. The Secretary answered that the City could not restrict who buys or who rents a home within this subdivision and that the City would be in court for discrimination if it tried. In response to another question from Commissioner Holmes regarding fencing, the Secretary stated that the draft resolution recommends both a fence and landscaping. Chairperson Malecki pointed out that the people can tie into that fence with their own fences. She stated that she did not have a problem with the proposed wood fence. The Secretary added that the plans would have to be approved by the Watershed District and that there would be some minor refinements in the plat and in the development plans between the Planning Commission action and final building permits. Chairperson Malecki asked about the variance on the setback. The Secretary stated that it would be no more than 10' to allow a 25' front yard setback instead of 35' for the lots on the north side of the proposed 51st Avenue North. In response to another question from Chairperson Malecki regarding Condition No. 6, the Secretary stated that he would recommend that that condition be retained to provide additional trees. Chairperson Malecki noted that if the fence were removed, at least the trees would provide some 1 -31 -91 11 screening. The Secretary stated that it would provide a given amount of screening for every lot which could be added to by the homeowner. Commissioner Holmes asked what would happen if no one bought along the south side of 51st Avenue North. He wondered whether it would be uneconomical to build the street for one side of the development. The Secretary stated that the developer would have to spread the cost of the street over however many lots he develops. Commissioner Holmes stated that he felt a warehouse would detract from the area more than a housing development. Chairperson Malecki pointed out that the Comprehensive Plan Amendment would give direction for redevelopment of the industrial area. Commissioner Johnson commented that he understood the pain that people are going through in looking at this development. He stated that he had lived in the area for quite some time and had seen it develop over the years. RESOLUTION NO. 91 -1 Member Bertil Johnson introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 90028 SUBMITTED BY TWIN VIEW DEVELOPMENT INC. The motion for the adoption of the foregoing resolution was duly seconded by member Mark Holmes, and the motion passed unanimously. The Secretary commented on the need for a public hearing on Application No. 90029 as well. PUBLIC HEARING (Application No. 90029) Chairperson Malecki then asked whether anyone present wished to speak regarding the proposed subdivision. Mr. John Johnson stated simply that he wanted to go on record as agreeing with the staff recommendation regarding the proposed subdivision. Hearing no one else, Chairperson Malecki asked for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. Commissioner Mann asked how the question of the outlots should be dealt with. The Secretary stated that there is time between the preliminary and final plats to revise some details of the p Y plat P p including the elimination of lots 14 and 15 and the combination of the outlots into a single lot, etc. 1 -31 -91 12 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 90029 (Twin View Development, Inc.) Motion b Commissioner Mann to recommend approval of Application Y PP pp No. 90029. While the motion was on the floor, Commissioner Johnson inquired as to how the Commission should express its feelings regarding the acquisition of the two lots (lots 14 and 15), at the west end of the development. The Secretary stated that it could be indicated in a separate motion or by adding a fifth condition. Commissioner Johnson recommended a fifth condition indicating a recommendation that the City Council acquire lots 14 and 15. The above motion was seconded by Commissioner Johnson with the addition of a fifth condition. The motion was subject to the conditions as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the property shall execute a subdivision agreement with the City outlining required improvements in the subdivision, payment of assessments and utility charges, and time limits for completion of required improvements prior to final plat approval. 4. The preliminary plat shall be modified prior to final plat approval to indicate blocks and to indicate an appropriate easement for rail access to the Murphy Warehouse property. 5. It is recommended that lots 14 and 15 of block 2 of the proposed subdivision be acquired by the City for public purposes to provide access to the land to the west from 51st Avenue North. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. COMPREHENSIVE PLAN AMENDMENT The Secretary then directed the Commission's attention to the draft Comprehensive Plan Amendment and stated that a public hearing must be opened on that amendment. Commissioner Johnson stated that if a Comprehensive Plan Amendment is being considered, perhaps more than just this area should be looked at at this time. The Secretary reviewed the history of the Comprehensive Plan and noted that it had been amended a number of times in the past 10 years. He stated that it was not possible to foresee all land use issues ahead of time. He added, however, that there were concerns regarding the Soo Line property that were raised in the 1960's Comprehensive Plan about the possibility of industrial use on that 1 -31 -91 13 property. Commissioner Johnson stated that if the City is going through the process now of amending the Plan, perhaps it should open up the process to consider other amendments. The Secretary stated that he felt the process was an open process. He stated that there had been many public hearings in 1980 in developing the City's current Comprehensive Plan. He stated that the Plan made recommendations on land use throughout the City, but that the City did not rezone every parcel to conform with the plan. He added that the Plan document needs to be flexible enough to be amended. Commissioner Johnson stated that the City was presently dealing with one micro issue and that he would like to deal with more micro issues at one time as long as we are going through the process. The Secretary answered simply that development proposals stimulate analysis of land use questions that are difficult to foresee ahead of time. PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT Chairperson Malecki then opened the meeting for a public hearing on the draft Comprehensive Plan Amendment to designate the I -2 district within the City as a redevelopment area for Planned Unit Developments and or light industrial. She asked whether anyone present wished to comment on the draft amendment. Mr. John Johnson, of Merila and Associates, expressed support for the Comprehensive Plan Amendment. There followed a brief discussion of the process of reviewing and approving Planned Unit Developments. Mr. Johnson stated that he would encourage conformity between the Zoning Ordinance and the Comprehensive Plan. Commissioner Holmes asked whether the owner of the Murphy Warehouse knew about the proposal to rezone the land adjacent to that property to R1 and to make it nonconforming. The Planner stated that he had discussed the proposal with the owner of the warehouse early on in the process, but not lately. He stated that he believed he had told her the possibility that her building could become nonconforming. He pointed out that she had not attended any of the meetings to date. ACTION CONTINUING PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT Motion by Commissioner Mann seconded by Commissioner Holmes to continue the public hearing on the draft Comprehensive Plan Amendment regarding area #18 of the Land Use Revisions map until the February 14, 1991 Planning Commission meeting. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. Commissioner Johnson stated that he would be gone from early February until late April. 1 -31 -91 14 ADJOURNMENT Motion by Commissioner Johnson seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:49 P.M. Chairperson 1 -31 -91 15 Planning Commission Information Sheet Application No. 91002 Applicant: Group Health, Inc. Location: 6845 Lee Avenue North Request: Site and Building Plan Location /Use The applicant requests site and building plan approval to construct a 1,387 sq. ft. addition to the approximately 25,000 sq. ft. Group Health clinic at 6845 Lee Avenue North. The property in question is zoned C1 and is bounded on the north by 69th Avenue North, on the east by Lee Avenue North, on the south by the NSP Maintenance facility, and on the west by Noble Avenue North. A clinic is a permitted use in the C1 zoning district. Access /Parking No changes are proposed in either access or parking for the proposed addition. A minor access off Noble Avenue North to a storage building will be modified slightly. The storage building is to be moved northward approximately 28' with modification to the driveway serving it. Two dumpsters with a wood fence enclosure are to be added in the approximate location of the present storage building. The site presently has 209 parking spaces. The parking requirement for the expanded building is 176 spaces. Therefore, existing parking is adequate to accommodate the proposed addition. Landscaping The site is presently well landscaped and no new landscaping is proposed. Total landscape points for the existing plantings on the site come to 964 points. The approximately 5 acre C1 site requires only 440 points. Therefore, existing landscaping is adequate. Grading /Drainage /Utilities No significant improvements are proposed in this category other than a minor amount of paving to provide access to the relocated storage building. We are unsure whether curb and gutter bounds the present paved area. If so, we would recommend that it be installed around the new paved area. Building The proposed addition is a one - storey addition to the northwest corner of the existing building, approximately 37' square. The exterior treatment is to be a stucco system to match the existing precast panel finish. A pre- finished metal bank to match the existing building will run along the tope of the exterior wall. Trash /Lighting As mentioned earlier, the applicant proposes two new dumpsters behind a wood enclosure north of the proposed addition. No lighting changes are proposed. 1 -31 -91 1 APPLICATION NO. 91002 CONTINUED Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Paving and curbing plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount approved by the City Manager) shall be submitted prior to the issuance of permits to insure completion of approved site improvements. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a remote monitoring system in accordance with Chapter 5 of the City ordinances. 5. B612 curb and gutter shall be provided around all new paved areas. Submitted by, Gary Shal cross Planner A roved by, Ronald A. Warren Director of Planning and Inspection 1 -31 -91 2 Planning Commission Information Sheet Application No. 90028 Applicant: Twin View Development, Inc. Location: France Avenue North and 51st Avenue North Request: Rezoning and Site and Building Plan This application for rezoning of the Soo Line property from I -2 (General Industry) to PUD /R1 (Single Family) and Open Space, was considered by the Planning Commission at its December 6, 1990 meeting. (The minutes of that meeting were transmitted to the Commission and approved at its January 17, 1991 meeting.) The Planning Commission tabled the matter at that time and referred it to the Southwest Neighborhood Advisory Group for review and comment. The Southwest Neighborhood Advisory Group met at the City Hall on January 9, 1991 to review the matter with staff, the applicant, and people from the surrounding neighborhood. There was a lengthy discussion, as is detailed in the minutes of that meeting (attached) , regarding the merits of the proposed rezoning and development plans. Concern was expressed regarding the size and number of lots and whether residential was a desirable use on this land. The applicant has responded by making the lots at least 75' wide, reducing the number of lots from 29 to 27 (two of which the City may purchase to provide access to the open space area to the west, thus leaving 25 lots for development) . Some concern was also expressed regarding the negative impact of the Murphy Warehouse on this development and the need for better screening. Staff recommend that the landscape plan be revised to indicate at least three trees (either 5' high coniferous or 2 diameter shade or a mix) be provided along the south sides of the southerly lots, in addition to a 2' berm and a 6' high opaque fence. The applicant has not responded positively to this recommendation to this point. One neighbor was also concerned because the new 51st Avenue North would intersect with France Avenue North directly across from their driveway. Staff suggested a landscape treatment to block headlights. Those who attended the neighborhood meeting seemed split between some who felt that the proposal had merit if it were modified to contain fewer, larger lots, and others who simply opposed any single- family development at all out of fear it would become rental housing. Of the three Neighborhood Advisory Group members, two favored the residential development if it were modified to at least meet R1 zone lot width requirements. The member who served as chairman, Charles Gellerman, withheld his comments at the meeting, but has submitted a letter expressing opposition to the proposal in light of "virtually unanimous opposition" by the neighborhood to the intensity of and price range of the proposed development. Staff have prepared a resolution recommending approval of the rezoning and site and building plans given certain considerations 1 -31 -91 -1- APPLICATION NO. 90028 CONTINUED and conditions. We recommend at this point that the 40 wide open space buffer along the south sides of the southerly lots to be omitted and that the R1 zone extend south to the Murphy Warehouse property. This rezoning action will make the warehouse buildings nonconforming as to buffer and setback from the R1 zone. While this certainly will place a burden on the Murphy Warehouse, we feel that it is the industrial use that should bear the burden of proving its right to continue and not the residential development assuming that burden. Also attached for the Planning Commission's consideration is a draft amendment to the City's Comprehensive Plan, establishing area #18 on the Land Use Revisions Map (Figure #15, Table #14) as a redevelopment area for PUD's and /or Light Industrial. Area #18 does not presently include the Soo Line property the Murphy property or the NSP substation property. The amendment would add these properties to area #18, which would then include all I -2 zoned land in the City. There is a public hearing scheduled for the January 31, 1991 meeting. However, the notice was published only 8 days in advance of the hearing instead of 10 days required by ordinance. We have republished the notice and a continued public hearing on the amendment will need to be held on February 14, 1991. The Commission may act on the rezoning on January 31, 1991 with a stipulation that the action is contingent on approval of the Comprehensive Plan amendment. Unless the applicant waives his right, the rezoning application must be placed on the City Council's February 11, 1991 agenda. The Council then has up to 48 days from the date of the Commission's recommendation to take action on the application. We, therefore, recommend some action on the rezoning at this meeting. If the Commission is inclined to recommend denial of the application, that recommendation will be forwarded to the Council with as many reasons as are enunciated. However, a formal resolution will be brought back to the Commission for action at its February 14, 1991 meeting. Submitted by, Gar Shllcross Y Planner pproved by, C . cj4.44s� Ronald W. Warren Director of Planning and Inspection 1 -31 -91 2 Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 91 -1 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 90028 SUBMITTED BY TWIN VIEW DEVELOPMENT, INC. WHEREAS, Application No. 90028 submitted by Twin View Development, Inc. proposes rezoning from I -2 (General Industry) to Planned Unit Development /Rl (One Family Residential) and 0 -1 (Public Open Space) of 17.5 acres of land west of France Avenue North and south of the existing 51st Avenue North right -of -way; and WHEREAS, the Planning Commission held a duly called public hearing on December 6, 1990 when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the Southwest Neighborhood Advisory Group met to consider the matter on January 9, 1991 at the City Hall and recommended approval of the PUD application with some revisions to the development plans and plat; and WHEREAS, the Planning Commission resumed consideration of the matter on January 31, 1991, received a staff report, a draft Comprehensive Plan amendment, revised development plans, and further testimony during a continued public hearing; and WHEREAS, the Commission considered the rezoning and site and building plan request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the comments relative to this property in the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 90028, submitted by Twin View Development, Inc., be approved in light of the following considerations: 1. The rezoning will allow for the addition of single family homes to the Southwest Neighborhood and to the City generally. This will benefit the City by offsetting the trend of a declining population and will add stability to a neighborhood which has substantial areas devoted to less permanent uses. 2. The rezoning will provide a land use which is consistent with the adjacent single family neighborhood. The RESOLUTION NO. 91 -1 proposed open space is also consistent with the adjacent lakes and is appropriate given the land's topography. 3. The industrial uses in the area for the most part no longer meet community standards and it, therefore, seems inappropriate to add more industrial use to an area that is in need of redevelopment. 4. The development of the property will, for the most part, conform with City ordinance standards. Variation from the front setback requirement along the north side of the proposed 51st Avenue North is acceptable given the location of garages and available off - street parking, and in light of the benefit of preserving as many existing trees as possible. 5. The subject property cannot be efficiently used for industrial purposes because of its location, configuration and topography. Although usable for industrial purposes, such use carries with it the potential for negative impacts on the adjacent residential neighborhood. 6. The rezoning will result in expansion of the Ri district which presently has little vacant and developable land. 7. The rezoning of the land in question to PUD /R1 and Open Space will benefit the surrounding single family neighborhood and provide the community with land that can be put to recreational use to benefit the neighborhood and the community. 8. In light of the above considerations it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED, by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that approval of Application No. 90028 be subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. RESOLUTION NO. 91 -1 3. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission and proposed grading and filling must be approved by the U. S. Corps of Engineers prior to the issuance of permits. 4. Curb and gutter of a type approved by the Director of Public Works shall be provided along 51st Avenue North. 5. Sod shall be installed in all yards abutting a public street. Rear yards shall be seeded. 6. The landscape plan shall be revised prior to consideration by the City Council to indicate at least three coniferous or shade trees per lot along the south sides of Lots 1 through 13 of the southerly block to provide effective screening of the Murphy Warehouse property. Coniferous trees shall be not less than 5' in height and shade trees shall be not less than 2 in diameter, at time of planting. 7. The applicant shall construct a buffer treatment in the south 40' of Lots 1 through 13 of the southerly block to consist of not less than a 2' high berm (as measured from the north edge of the Murphy Warehouse property) and not less than a 6' high wood, vertical board, opaque fence. 8. The applicant shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney and executed prior to the issuance of any permits to include, but not limited to, provisions relating to the following: a) Allowable setbacks within the subdivision. b) The range of building plans approved for use in the subdivision. No building plan shall provide for less than 960 sq. ft. on the main level. C) Landscape improvements within the subdivision. d) Buffer improvements adjacent to the Murphy Warehouse property. e) Provision of paved driveways prior to final inspections. f) Financial guarantees to insure the completion of approved site improvements on each lot within the subdivision. g) Requirement of a landscape package to be provided to each dwelling unit within the subdivision. RESOLUTION NO. 91 -1 h Donation of t outl s to the City for public he of y p purposes. 9. Building permits for this project shall not be issued until the plat contained in Application No. 90029 has been given final approval by the City Council and filed with Hennepin County. Date Chairperson ATTEST: Secretary 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. Planning Commission Information Sheet Application No. 90029 Applicant: Twin View Development, Inc. Location: 51st Avenue North and France Avenue North Request: Preliminary Plat This preliminary plat application is a companion to Application No. 90028 which requests rezoning and site and building plan approval for a single family development on the Soo Line property, west of France Avenue North and north of the Murphy Warehouse and the Soo Line tracks. The application was tabled with the applicant's consent at the Commission's December 6, 1990 meeting. Since then, the rezoning application has been considered by the Southwest Neighborhood Advisory Group which recommended by two votes to one that residential zoning be approved for the property if the plan is modified to provide for at least the minimum R1 lot width on the single family lots. The plat and site plan have been so modified. The minimum interior lot width is now 75' and corner lots 90 The subdivision now provides for 27 single family lots and two open space outlots. Furthermore, City staff are prepared to recommend acquisition of two of the single family lots on the west end of the proposed 51st Avenue North to provide access to the open space outlots to be dedicated to the City. Thus, the number of lots actually developed in this subdivision would not exceed 25 if the proposal were approved and the City acquired two lots. As to the open space dedication, staff have questions as to whether it is necessary or desirable to have two separate lots and whether they should be designated as outlots. Under City ordinance, outlots are by definition unbuildable. It may be that the City will desire in the future to place a structure or building in the open space area and it would be burdensome to replat the property again simply to change the designation of the outlots to lots. Nevertheless, this is a detail which can be decided between preliminary and final plat approval. Other than the change in lot width which has reduced the number of lots by two, the plat has not been substantially changed since the Commission considered it at their December 6, 1990 meeting. We would recommend at least two more changes at this time. One would be to add block designations which have been omitted on this latest draft. The other change is to add an easement through open space area for the rail access to the Murphy Warehouse property. Apparently a poorly defined easement exists now, but nothing has been shown on the plat. Given the above modifications, the plat appears to be in order and approval is recommended, subject to at least the following conditions: 1 -31 -91 1 APPLICATION NO. 90029 CONTINUED 1. The f ina 1 lat is subject to review and approval b the P 7 PP Y City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the property shall execute a subdivision agreement with the City outlining required improvements in the subdivision, payment of assessments and utility charges, and time limits for completion of required improvements, prior to final plat approval. 4. The preliminary plat shall be modified prior to final plat approval to indicate blocks and to indicate an appropriate easement for rail access to the Murphy Warehouse property. Submitted by, r7 Gary Sh llcross Planner proved by, Ronald A. Warren Director of Planning and Inspection 1 -31 -91 2 CITY OF BROOKLYN CENTER Council Meeting Date 2 /_ it /91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 91002 - Group Health, Inc. DEPARTMENT OVAL: �. 10AJ601-01 A. Signature - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION:'�� No comments to supplement this report C mments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached X Planning Commission Application No. 91002 is a request for site and building plan approval for a 1,387 sq. ft. addition to the • northwest corner of the existing Group Health Clinic at 6845 Lee Avenue North. This application was considered by the Planning Commission at its January 31, 1991 study meeting. Attached for the Council's review are minutes and information sheet from that meeting, a map of the area and a site plan. Recommendation Approval of Application No. 91002 has been recommended by the Planning Commission subject to the six conditions listed on page 2 of the January 31, 1991 Planning Commission minutes. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY HENNEPIN AND THE STATE OF MINNESOTA JANUARY 31, 1991 STUDY SESSION CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:36 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioners Bernards and Ainas had called to say that they would be unable to attend and were excused. APPROVAL OF MINUTES - JANUARY 17 1991 Motion by Commissioner Johnson seconded by Commissioner Mann to approve the minutes of the January 17, 1991 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NO. 91002 (Group Health, Inc.) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to make a 1,387 sq. ft. addition to the northwest corner of the Group Health Clinic at 6845 Lee Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 91001 attached). Following the Secretary's presentation, Chairperson Malecki asked the applicant whether he had anything to add. The applicant responded in the negative. Chairperson Malecki asked whether there was curb and gutter at the driveway serving the existing storage building. Mr. Jim Wilson, the architect for the project, responded in the affirmative and stated that they would add curb and gutter to the new paved area. Commissioner Mann inquired as to the fence along 69th Avenue North which provides screening. Mr. Wilson responded that the existing fence will be removed and that a new fence will be installed around the trash dumpsters. He stated that there is an existing dumpster and that one would be added for recycling. Chairperson Malecki asked what the addition would be used for. Mr. Wilson stated that it would be additional office space for the clinic. The Secretary recommended a condition regarding screening of the dum ster and an rooftop mechanical equipment. Mr. Wilson P Y P 1 -31 -91 1 Planning Commission Information Sheet Application No. 91002 Applicant: Group Health, Inc. Location: 6845 Lee Avenue North Request: Site and Building Plan Location /Use The applicant requests site and building plan approval to construct a 1,387 sq. ft. addition to the approximately 25,000 sq. ft. Group Health clinic at 6845 Lee Avenue North. The property in question is zoned C1 and is bounded on the north by 69th Avenue North, on the east by Lee Avenue North, on the south by the NSP Maintenance facility, and on the west by Noble Avenue North. A clinic is a permitted use in the C1 zoning district. Access /Parking No changes are proposed in either access or parking for the proposed addition. A minor access off Noble Avenue North to a storage building will be modified slightly. The storage building is to be moved northward approximately 28' with modification to the driveway serving it. Two dumpsters with a wood fence enclosure are to be added in the approximate location of the present storage building. The site presently has 209 parking spaces. The parking requirement for the expanded building is 176 spaces. Therefore, existing parking is adequate to accommodate the proposed addition. Landscaping The site is presently well landscaped and no new landscaping is proposed. Total landscape points for the existing plantings on the site come to 964 points. The approximately 5 acre C1 site requires only 440 points. Therefore, existing landscaping is adequate. Grading /Drainage /Utilities No significant improvements are proposed in this category other than a minor amount of paving to provide access to the relocated storage building. We are unsure whether curb and gutter bounds the present paved area. If so, we would recommend that it be installed around the new paved area. Building The proposed addition is a one - storey addition to the northwest corner of the existing building, approximately 37' square. The exterior treatment is to be a stucco system to match the existing precast panel finish. A pre- finished metal bank to match the existing building will run along the tope of the exterior wall. Trash /Lighting As mentioned earlier, the applicant proposes two new dumpsters behind a wood enclosure north of the proposed addition. No lighting changes are proposed. 1 -31 -91 1 APPLICATION NO. 91002 CONTINUED Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Paving and curbing plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount approved by the City Manager) shall be submitted prior to the issuance of permits to insure completion of approved site improvements. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a remote monitoring system in accordance with Chapter 5 of the City ordinances. 5. B612 curb and gutter shall be provided around all new paved areas. Submitted by,, Gary Shal cross Planner Approved by, - --n 4 LJ Ronald A. Warren Director of Planning and Inspection 1 -31 -91 2 i ' :�� ii ��� ��� •� �� :. : � 1111 :. 111111 1 It ��0� =���� ' • ,. ..■ � 1111111 � � 11117 1 t / /��� �• .....■ 1111 1 111111 � � �. x11111. - Q •� �„ �� 1111/111 1111 IIIIIh11111111 ■ S AW �'■ �� �I / ; : If' • ■ 1 ■t�1� 111111 111 1 �III�IIt111`��r �11111r►� C� �� 111111 X1 /11111 .. �r - . 1111 i it 1111 '�� 1111111111 /x+ 11 '1/111 .1��� .. ,► : 1111 111111■ �. :. ,; , .; . � ..•" � ., 111111 111111111 ,r/� X ■ r•� °•:.!11111 1 �' , • • 1�1�1 .�... • ii i� •. .... -.. x/1111111 "11 /x•►. 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X11111111/^ / /// • ,�♦ . ����♦ 1 �� 1 1 iii j . - IMMI �� A K IM �; : ,� 111111111111 ii13 �� ��`` • '' ` �► � . • � 1 11111 ■ �. � �� � •■ � � 11111■ !i-'� 1 � _ � �j � 11 1 ����� • X11 � 11 :, :;��.�•ndi qr�n v, �Mupr: WMMMMwNAWflN! MMMWMIM !wiAgpMaY119yM1�rp19^'MiG�IMN' f*', AMh' IwWAVMM' aIMYi1MMrMriM1N'' �MMMMMAar�nNU 'f1.k.pInO�IfM'!��'�w+'�i� �•�wr +qtr(, !Y��, �'� f •?,.. •ry�.� < ,.� NOBLE AVENUE �� J b "RU -- m J �� Jv ➢ C _ �' Q_ 3T - s ZY O' Id Ib' \ \ ' ma. � 4 s� SSS �• j � D ' m m D I S0`>) rT CK d { LEE AVENUE CITY OF BROOKLYN CENTER council Meeting Date 2/11/91 Agenda Item Number /Z,6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 90028 - Rick Hartmann /Twin View Development, Inc. DEPARTMENT APPRO Signature - title Director of Planning and Inspection MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report C6mments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached _ X ) Planning Commission Application No. 90028 is a request for rezoning and site and building plan approval to rezone from I -2 to PUD /R1 and Open Space the 17.5 acre parcel of land owned by Soo Line' located west of France Avenue North and south of 51st Avenue North. This application was first considered by the Planning Commission at its'December 6, 1990 regular meeting and referred to the Southwest Neighborhood Advisory Group for review and comment. The Southwest Neighborhood Advisory Group met to consider this matter on January 9, 1991 and recommended approval with some revisions. The application was again considered by the Planning Commission on January 31, 1991 and approval was recommended. Attached for the Council's review are minutes and information sheets from the above mentioned meetings, a letter from a resident which was received after the January 31, 1991 Planning Commission meeting, a copy of Resolution No. 91 -1 regarding disposition of Application No. 90028, a map of the area and various drawings. Recommendation The Planning Commission has recommended approval of Application No. 90028 submitted by Twin View Development, Inc. through their adoption of Planning Commission Resolution No. 91 -1. This recommendation is contingent upon adoption of a Comprehensive Plan Amendment establishing this area as a redevelopment area for Planned Unit Developments. The Planning Commission opened the public hearing on such a Comprehensive Plan Amendment at their January 31, 1991 meeting. However, the notice was published only eight days in advance of the hearing instead of the ten days required by ordinance. The notice of hearing has been republished • and the public hearing on the amendment was continued until February 14, 1991. The disposition of the Comprehensive Plan SUMMARY EXPLANATION Page 2 Amendment will be forwarded to the City Council at their February 25, 1991 meeting. The applicant has requested that this application be brought before the City Council to review all aspects of the proposed rezoning and Planned Unit Development and is aware that the City Council cannot take a favorable action until it has considered the Comprehensive Plan Amendment previously mentioned. We recommend that the City Council consider this matter, open the public hearing, and address the findings and points contained in Planning Commission Resolution No. 91 -1. If the City Council concurs with the Planning Commission recommendation, the staff would recommend that they be directed to prepare a resolution for the Council's consideration at its February 25, meeting that would approve this application in conjunction with the Comprehensive Plan amendment. e • ILI Sks f 1 l/C�: 77'?= � -t�U "� �-�� �G-- �.t...h'S.'�i -� CZ -f?(h; t_ C.'!.t..!%��..� /7'..F./t'vt.� -th-c? o kJ 'ov L > d l [_/U -- I -, t February 11, 1991 Re: Twin View Development To Brooklyn Center City Council: There are two major concerns which should be noted in dealing with the Twin View Development. The first deals with the notice requirements mandated by Minnesota statutes in conducting city hearings. The second one involves administrative procedures which must also be be followed in the current hearings. Elaboration is as follows. 1. Minnesota Statutes @ 462.357 Subd. 3 and @ 394.26 subd. 2 are relevant to the current hearings. Both of these statutes require a 10 day notice to the public. Note that all Minnesota case law has unanimously.upheld this requirement to date. The Twin View Development hearings have not fulfilled the 10 day notice requirement. Although there has been one, and at the most two hearings which have met the the 10 day requirement, there is a continuity between all the hearings which doesn't satisfy the named statutes. This means that one hearing has depended on the next. Therefore a concern citizen could have legitimate cause to bring forth a court O injunction. In the end the City of Brooklyn Center would have to restart the entire process to meet the above named statutes. 2. The Minnesota Administrative Procedure Act requires specific guidelines for hearings on the record. The Twin View Development hearings are subject to the above named Act. If there is a challenge, an administrative hearing is set and the presiding judge will use the substantial evidence test to determine the outcome. The judge will look at the whole record and see if the city hearings were reasonable considering the evidence. For example, if one resident proposes one course of action and those at the city hearing reject this, the judge will probably not intervene. However, if there is substantial evidence which is rejected by those at the city hearing, the judge will question the reasonableness of the decision. Note: There has been substantial evidence offered against the proposed connection of 51st Avenue North to East Twin Lake Boulevard. Many residents want a Cul -de -Sac at the end of 51st instead of connecting to East Twin Lake Blvd. Sincerely, Daniel K. Middlestedt Attorney at Law 5120 E. Twin Lake Blvd. Brooklyn Center, MN 55429 Joslyn Corporation, 30 South Wacker Drive Chicago, Illinois 60606 Phone: 312/454-2900 TWX 910 221 -4220 cutive Offices January 30, 1991 Mr. Gerald G. Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Twin View Meadows Development, 51st and France Avenue North Dear Mr. Splinter: Recently, Joslyn Manufacturing Co. (Joslyn) has been made aware of the captioned proposed development to construct single family homes at a location approximately 350 feet north of the Joslyn former wood treating site, at 47th and France Avenue North. Although significant investigation and remediation have already occurred at the site, it is important to note that these activities will continue to occur for an uncertain time in the future. The concern of Joslyn is not the potential presence of contaminants in the area of development itself, as none should be present. Rather, the concern is the proximity of the development to the site itself. Subsequent purchasers of new homes in the development could become upset at the realization that they now reside at such a close distance to a USEPA National Priorities Listed Site. The visibility of the site from some of the lots also could be an issue, especially during site remediation activities. Possibly, an industrial land use on the development property rather than residential would be more compatible with the presence of the former wood treating site. While "buyer beware" may still be a valid maxim, possibly some sort of notification to potential buyers might alleviate substantial difficulties that could arise in the future. I would appreciate any thoughts you might have in this regard. At your convenience, could you please contact mo at (312) 454 -2865. Sincerely, Carl S. Grabinski Attorney CSGAs cc: Lawrence Dalen, Barr Engineering Co. Clifford Twaroski, Minnesota Pollution Control Agency �'�' Gt�- �- f• -c.G �C° � ,° � �� �j <!i/ � f ✓..GGt.�L��LJ lb /LG - Gam' � ./ ✓- � G J /� <�-� 4 � l' �' I Gt- �1 c� � � � I 31`a 1 2 � a FEB 1991 CP r RECEIVED u NUM fJ ` 1 ,J i responded that the applicant had no problem with such a condition. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91002 (Groug Health, Inc.) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 91002, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Paving and curbing plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be approved by the City Manager) shall be submitted prior to the issuance of permits to insure completion of approved site improvements. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a remote monitoring system in accordance with Chapter 5 of the City ordinances. 5. B612 curb and gutter shall be provided around all 'new paved areas. 6. All outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. A PLICATION NOS. 90028 AND 90029 (Twin View Development, Inc.) The Secretary hen introduced two items of business ced the next t Y , a request for rezoning and site and building plan approval to rezone from I -2 to PUD /R1 and Open Space the 17.5 acre Soo Line property west of France Avenue North and south of 51st Avenue North and a request for preliminary plat approval to subdivide the same property into 27 single family lots and two open space outlots. The Secretary reviewed the contents of the staff reports concerning these applications (see Planning Commission Information Sheets for Application Nos. 90028 and 90029 attached). During his presentation, the Secretary explained that there are two lots on the west end of the development that may be acquired by the City and that the Director of Public Works is negotiating with the applicant regarding the possible acquisition of those lots. The Secretary also referred to three letters received from residents near the property in question and noted that all three opposed the 1 -31 -91 2 rezoning to R1. The Secretary added that there was no change required of the Murphy Warehouse at the present time, but that the R1 abutment would affect the future development or redevelopment of that property. Regarding the draft Comprehensive Plan Amendment, the Secretary recommended that the Plan Amendment be approved even if the rezoning were denied. In addition to the information sheets, the Secretary reviewed a draft resolution recommending approval of Application No. 90028. Commissioner Holmes asked whether a change in the Comprehensive Plan would, in effect, rezone the property involved in that area. The Secretary responded in the negative. He explained that the Comprehensive Plan is a guide with policies and recommendations for land use, transportation and other facilities within the City. He explained that the zoning of a property effectuates the Plan. He also explained that if there is a conflict between the zoning of a property and the recommendation in the Comprehensive Plan, it is the zoning of the property that controls the use, not the Plan. He stated that it is good for zoning to be consistent with the Comprehensive Plan and that it would not be considered "spot zoning" if the Plan recommended a certain zoning even for a single parcel. He concluded by pointing out that the Planned Unit Development Ordinance requires that land involved in a PUD must be located in a redevelopment district. He explained that the Comprehensive Plan Amendment would establish this property and other properties in the I -2 zone as a redevelopment district. Commissioner Holmes noted that, if the rezoning is approved, it would bring the R1 zone down to the property line with the Murphy Warehouse. He noted that a 100' buffer is required and asked what would happen if the I -2 zoning remained on the Soo Line property. The Secretary explained that there is a 30' wide half- street dedication for 51st Avenue North along the north edge of this property. He stated that a 50' buffer would be required from such right -of -way. He added that if an industrial use came into the property, it could dedicate the other half of 51st Avenue North, petition for a street, and then provide a 50' buffer from that new right -of -way line. Commissioner Holmes asked what would happen to this right -of -way area if the rezoning to R1 is approved. The Secretary explained that there is no street within the right -of -way at this time and that the City would consider vacating its right - of -way over that land if the rezoning to R1 were approved. Chairperson Malecki asked whether it was likely that the City will go along with the staff recommendation to buy the two lots at the west end of 51st Avenue North. The Secretary stated that that would be up to the City Council. He stated that staff would recommend such an acquisition because it would provide access to the open space area being donated by the applicant. Chairperson Malecki asked how the action on the rezoning would be related to the Comprehensive Plan Amendment. The Secretary admitted that staff had had a problem getting the notice to the paper on time and 1 -31 -91 3 that the Plan amendment would have to be considered again at the February 14, 1991 Planning Commission meeting. He stated that the rezoning would have to be approved contingent on approval of the Comprehensive Plan Amendment. He again recommended that the Plan Amendment be approved independent of the rezoning, although the rezoning would be contingent on the Plan Amendment. The Secretary pointed out that the City may need to redevelop other areas within this I -2 zone of the City and that the option of developing them as a PUD would be helpful. He noted especially the industrial area at 50th and France Avenue North. Commissioner Johnson noted area #17 on the map and asked what the recommendation was for that area. The Secretary stated that the Plan recommended mid - density residential on that property and reviewed some of the sites included in area #17. Commissioners Holmes noted that some of the soil tests in the area had shown positive indications of contamination of the ground water. The Secretary explained that the homes that would be built in this area would be served by City water and not by private wells. He added that the City water system had not been contaminated. In response to another question from Commissioner Holmes regarding traffic coming down 51st Avenue North toward France, the Secretary stated that staff have recommended that the applicant provide landscaping on the property across France Avenue to screen out headlights, but that such landscaping should be with the consent of the homeowner. Commissioner Holmes asked who would be responsible for maintaining the fence within the buffer area. The Secretary responded that the future property owners would ultimately be responsible. Commissioner Holmes asked whether that responsibility would be shared collectively or done on an individual basis. The Secretary answered that collective responsibility for the fence could perhaps be required through a restrictive covenant. Commissioner Mann asked whether the fence was required or whether possibly a landscape treatment would be more attractive in this area. The Secretary responded that the fence is not required of the residential development, but that the proposed berm and fence would provide immediate screening whereas landscaping takes time to grow and provide - effective screening. Commissioner Mann stated that it was hard to get people to cooperate to maintain a fence. The Secretary answered that it could be the same with a landscape treatment that was intended for the same purpose. Commissioner Johnson asked if there could be a requirement for the wall of the warehouse to be maintained. The Secretary stated that that could not be required under current ordinance and that the building would be grandfathered in its present location if the rezoning were approved. Commissioner Holmes asked about the condition that no dwelling be less than 960 sq. ft. on the main level and whether that was part 1 -31 -91 4 of the PUD requirements. The Secretary answered that that figure was based on the plans that had been submitted. He stated that if the applicant wished to build a home less than 960 sq. ft., they would have to come back and amend the PUD approval. Chairperson Malecki asked the applicant whether he had anything to add. Mr. John Johnson, the project engineer with Merila and Associates representing the applicant, stated that he had been on both sides of development issues as a Planning Commissioner and a resident as well as someone representing developers. He stated that the objective was to provide moderate cost, high - quality homes and added that there would be a donation of over 8 acres of open space. Mr. Johnson pointed out that, if the rezoning to R1 were not approved, the only option left would be the I -2 zoning since other possibilities have been rejected. He stated that this was not intended as a threat, but simply a statement of fact. He stated that the R1 use of the property and the open space would benefit the neighborhood and the City. Mr. Johnson stated that a market analysis had been done before the project was proposed and that the standard house that would sell in this area of the northwest suburbs could fit on an R2 size lot. He explained, however, that the R2 zoning was not acceptable to the City and that the PUD was pursued as a possibility for allowing single family and open space zoning. He stated that the applicant had suggested a private open space buffer along the south edge of the development to alleviate the burden of providing a buffer by the industrial use and to keep it from becoming a nonconforming use. Mr. Johnson stated that, since the neighborhood meeting, the applicant has reduced the density of the project by approximately 10 %. He stated that there would be two lots less than 9,500 sq. ft. and two other lots less than 10,000 sq. ft. He pointed out that many of-the lots would be large, at least 20% over the City's ordinance requirement. Mr. Johnson showed a map of the surrounding neighborhood and noted that approximately 70% of the lots within 500 ft. of the subject property were 75' or less in width. Mr. Johnson stated that the homes would be of good quality and that there was no need to fear a poor quality development. Regarding the buffer, Mr. Johnson stated that he would recommend that the buffer zone as proposed remain. He explained that this would keep the warehouse from becoming a nonconforming use. He stated that the applicant was not opposed to extending the R1 zone down to the Murphy Warehouse property, but that it was not being sought by the applicant. Mr. Johnson stated that the traffic generated by the development would be insignificant compared to the entire neighborhood. He also showed a drawing of the neighborhood and pointed out that there are a number of other T intersections in the neighborhood. He stated that the applicant was willing to provide some screening on the property across France Avenue to 1 -31 -91 5 block out headlights. He stated, however, that he thought that most of the cars would turn south. Regarding wetland preservation and use of open space, Mr. Johnson stated that the project would integrate well with the plans of the Park and Recreation Commission. He stated that the ground water in the area north of the tracks did not appear to be contaminated and that there was no evidence of soil contamination from recent soil borings. He concluded his comments by asking for action on the rezoning and the plat at this evening's meeting. The Planner asked Mr. Johnson about the response to the requirement for additional trees along the south side of the development adjacent to the Murphy Warehouse. At the same time, Commissioner Holmes asked about the applicant's rezoning the area to Ri down to the property line with the Murphy Warehouse. Mr. Johnson stated that the applicant is not opposed to that rezoning, but that he does not really want to become the cause of making the warehouse a nonconforming use. Commissioner Holmes asked what would happen to the 40' area. Mr. Johnson stated that no structures would be allowed in the buffer area. There would be a fence and berm. He stated that landscape treatment was also a possibility. The Planner clarified that staff recommended both a fence and additional landscaping along the south side of the development. Mr. Johnson showed a cross section of the development from the north end down to the Murphy Warehouse property. He stated that the fence would screen out the loading dock area and that over - story trees would tend to screen out the remainder of the building. He stated that the proposed plan calls for a mixture of trees and shrubs and a staggered fence rather than one in a straight line. Mr. Johnson stated that the applicant was not opposed to providing additional landscaping. He stated that the PUD designation allows the City and the developer to address various concerns. PUBLIC HEARING (Application No. 90028) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Ms. Diane Lerbs, of 5107 East Twin Lake Boulevard, then addressed the Planning Commission at some length. She expressed appreciation to the developer for listening to the concerns of the neighbors and for the Commission also in taking her concerns into account. She listed a number of concerns. She asked about the housing implementation plan and whether that was being followed with this rezoning. She noted that the proposal would have to be approved by the Watershed District. She stated that she wanted to be for the project, but that she had a gut feeling that she did not like it and that it was not in keeping with Oak Street. She stated that when she moved into the area in 1986, she liked the spacious houses in the area. She stated that the houses on France Avenue and further east are smaller and that they were built at an earlier 1 -31 -91 6 time. She stated that the proposed development plans look cramped to her and not in keeping with the character of the neighborhood. She pointed out that the economy was in a recession and that this would make it harder to sell these houses. She stated that she really wouldn't mind another warehouse and that she does not mind the existing warehouse. As to the prospects for redevelopment in the area, she stated that she felt the City was being reactive in responding to this proposal rather than proactive in looking at the needs for redevelopment in the area. She went on to express concern about problems with noise from the railroad. She stated that the train noise will be overwhelming for the homes that are built. She added that, if the people coming from this street turn south onto France, there will be more people waiting for the train to pass at the crossing at France Avenue. She also expressed concern about adding more curves to the street and stated that there could be more safety problems for kids because of cars speeding up around the corners. She stated that runoff from the project would pollute the lake. She stated that she had called a number of people in the area and that almost all of them prefer the existing I -2 zoning over the proposed R1. She stated that if there were only five to seven houses it would be o.k., but that the number of homes proposed seems cramped to her. Ms. Lerbs went on to state that trees in the area would die as a result of the development and that she did not want to see this. She asked whether a market analysis had been done that justified the investment by the builder in these homes and she also wondered whether the homes would pay as much in taxes as the existing homes. She stated that if the proposed 51st Avenue development is built, there will be a need for more stop signs on France Avenue North because of the increased traffic and that more stop signs would cause more pollution. She stated that, if the aim of the City is to attract more people to Brooklyn Center, she recommended working with the older people who are in existing homes to get the housing stock turned over for younger families moving in. She expressed concern about the older starter homes in the community. She concluded by asking who would pay $90,000 to live by a warehouse and a railroad. - Mr. Daniel Middlestedt, of 5120 East Twin Lake Boulevard, then addressed the Commission. He stated that the State statute requires a 10 day notice and that the Secretary was resisting a lot of people who pointed out needs for change to the development plans. He stated that he would like some modifications of the plans. He stated that the comments of the neighborhood are not being taken seriously. He expressed concern about connecting 51st Avenue North to East Twin Lake Boulevard because it would involve more traffic in both directions. He suggested making 51st Avenue North a cul -de -sac and that this would cut off traffic that would otherwise go up East Twin Lake Boulevard. Mr. Middlestedt stated 1 -31 -91 7 that the pollution problem to the wetland area would be reduced if the City would buy lots 14 and 15 of the proposed development. Regarding the addition of the 30' of right -of -way for the old 51st Avenue North to the lots abutting Oak Street, Mr. Middlestedt suggested the possibility of adding that 30' to the development in order to provide a greater buffer adjacent to the warehouse buildings to the south. Mrs. Marie Middlestedt, also of 5120 East Twin Lake Boulevard, stated that they had moved into the neighborhood in August and liked the area. She asked that the Commission reconsider the size of the houses which would range from 962 sq. ft. to 1,200 sq. ft. on the main level. She suggested looking at other homes in the area to determine a standard. She stated that she felt that the proposed development did not offer stability to the existing neighborhood. She stated that the development would probably be nothing but starter homes and that she didn't like the people that might move in. She stated that she would also like to know the price of the homes to be sold as well. Mr. Earl Forsberg, of 3849 Oak Street, stated that the 30' wide easement to the south of his property should not be done away with because it has to be there for the electric utility and cable television, etc. He stated that the trees should be preserved as much as possible. He stated also, that the lots on the west end of the development would be no higher than the swamp. Mr. Forsberg concluded his comments by complaining that the development would take away the area where the neighbors hit their golf balls. Commissioner Johnson asked Mr. Forsberg if he meant that he did not want the 30' wide right -of -way area to be vacated. Mr. Forsberg again stated that the utilities ran through that area. Chairperson Malecki stated that there was no plan to build a street on the old right -of -way and that the land would revert to the homeowners if it were vacated. Mr. Harlan Lewandowski, of 4100 51st Avenue North, briefly addressed the Commission. He showed on an overhead transparency where his house was and described some of the environmental amenities which he presently enjoyed. He noted that the wind comes off the lake, but that there is not much wind in the front yard and that he has blue herons coming into his front yard. He pointed out that wildlife does not recognize boundaries created by subdivisions. He suggested making 51st Avenue North a cul -de -sac and connecting East Twin Lake Boulevard with a trail, but not a street. He discussed the merits of paths and wildlife in the area and suggested the possibility of letting the people in the area own the land rather than having it developed. He concluded by stating that he still felt there were a lot of houses in the proposed development. Mr. Duke Dalrymple, of 5142 France Avenue North, stated that he believed the applicant has compromised a lot in changing his 1 -31 -91 8 proposal from its original layout. He stated that he did not oppose the development now. He expressed concern about fence controls, however. He wondered who would maintain the fence and how people would join the fence with their own private cyclone fences. He expressed concern that openings in the fence would allow children to get through and get into trouble. He pointed out that a wood fence will deteriorate over time whereas a cyclone fence would need minimal maintenance. He expressed concern about the possibility of transients hiding behind the fence to get at young children. Ms. Diane Lerbs asked what if a majority of the people near the proposed development opposed the rezoning. She asked whether that carried any weight at all. Chairperson Malecki stated that the Commission would have to take a lot of things into consideration in making a recommendation. She stated that the Commission would certainly listen to the concerns of the neighbors and that it also had to look at overall land use concerns in making a recommendation. She added that a number of compromises have been made by the developer to accommodate the concerns of the neighbors. Ms. Lerbs stated that the development would be cramped. She stated that she would almost rather see one apartment building in the middle of the property rather than a number of single family homes. She stated that she would also rather have an industrial building. Mr. Duke Dalrymple stated, however, that the proposed development is really fairly comparable to Oak Street. Mr. John Johnson, the project engineer, showed a layout of the area and showed that it was comparable to Oak Street in terms of the number of lots. He stated that the homes' styles would be different, but of comparable quality to the ones along Oak Street. He stated that, as the homes are finished off, their total finished square footage would approach 2,000 square feet which is an ample size house. He stated that there is a market for new homes in the Brooklyn Center area, but limited land in which to meet that demand. Ms. Diane Lerbs expressed concern about the headaches that the neighborhood would go through during the construction of the homes. She stated that an industrial building would be built and be done with, whereas the would be under construction over a longer period of time. Mr. Duke Dalrymple recommended that the Planning Commission look at the fence. He stated that the berm is not necessary although he didn't object to it. He again expressed concern regarding the possibility of access to the tracks for small children. Chairperson Malecki asked the applicant how he would respond to some of these concerns. Mr. John Johnson stated that the purpose of the fence was to try to provide a buffer which would normally be required where industrial use is adjacent to residential use. He stated that the fence would be treated lumber and that it would be possible for a chain link 1 -31 -91 9 fence to tie into that fence. He admitted that fence maintenance was a question which could be resolved. He also suggested the possibility of using prairie grass on the south side of the fence to limit the need for maintenance by the homeowners. Mr. Johnson went on to address some other concerns. He stated that lot sizes and homes in the proposed subdivision are not significantly different from those in the neighborhood. He stated that the houses would be different, that they would be a 1990's style home, rather than a 1960's style home. He stated that the homes would be a split entry and would offer a fair amount of potential space. He stated that the safety of children is a valid concern that the applicant shared. Regarding runoff from the development, he stated that a skimmer would be installed to catch floatable debris before the runoff drained into the wetland area. He added that the watershed regulations would be observed. Regarding the possibility of a cul -de -sac, Mr. Johnson stated that there is not enough land north to south in this development to provide cul -de -sacs. He added that the length of the cul -de -sac or cul -de -sacs would exceed the City's standard length. Mr. Harlan Lewandowski asked about the possibility of providing access across a footpath. Mr. Johnson reviewed some of the problems with different cul -de -sac designs. He added that the curving street is intended to discourage traffic from East Twin Lake Boulevard using the new 51st Avenue North to get to France Avenue. He stated that no soil pollution had been detected from the soil borings that were done on the site. He also reminded the Commission and the neighbors and that, if the residential zoning were denied, it would be very easy for a mini - storage development to be built on the property. As to staging the project, he stated that it would be necessary to build the project over two or three years and that the entire street would have to be put in at the beginning because it is not large enough to do in stages. Mr. Johnson concluded by stating that the conflict with Ms. Lerbs probably can't be resolved, but that the proposed residential development would be less intrusive to the neighborhood than an I -2 development. The Secretary then commented on the fence concerns. He stated that staff recommended a fence to be put up by the developer rather than leave the matter up to the homeowners to put up. Regarding maintenance, he stated that he was not sure whether the City should interject itself into that concern of the neighbors. He stated that, if a future homeowner took down the fence, the City probably would not object since it would be on residential land. He stated that there could be some restrictive covenant governing the color of the fence if that was a concern. He concluded by stating that staff would recommend a screening device, but that the responsibility for maintaining that screening device would lie with future homeowners. 1 -31 -91 10 Chairperson Malecki then asked whether anyone else wished to comment on the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Mann to close the public hearing on Application No. 90028. The motion passed unanimously. Chairperson Malecki then asked the Commission for their comments. Commissioner Mann stated that she didn't believe the actual density of the development had been pointed out. She noted that there would only be 2.9 units per acre and that this was a fairly low density. She stated that she had looked at comparable homes with the developer and that she felt they were good quality homes. Commissioner Holmes stated that he expected the homes to be starter homes. He doubted that people would move up to a home that was next to a railroad line. Commissioner Johnson pointed out that he had lived next to a railroad for 18 years. Chairperson Malecki pointed out that it was the developer who was taking the risk in trying to sell the homes. Commissioner Mann asked, if the homes were not selling, wouldn't the standards of the PUD have to be met. The Secretary stated that the applicant would have to stay within the limits of the approved plans or get a new approval. He stated that it was possible for the applicant to request an amendment, but that it would involve the same public hearing process as `the initial approval. Commissioner Holmes asked how the City could protect against the developer being occupied by subsidized individuals. The Secretary answered that the City could not restrict who buys or who rents a home within this subdivision and that the City would be in court for discrimination if it tried. In response to another question from Commissioner Holmes regarding fencing, the Secretary stated that the draft resolution recommends both a fence and landscaping. Chairperson Malecki pointed out that the people can tie into that fence with their own fences. She stated that she did not have a problem with the proposed wood fence. The Secretary added that the plans would have to be approved by the Watershed District and that there would be some minor refinements in the plat and in the development plans between the Planning Commission action and final building permits. Chairperson Malecki asked about the variance on the setback. The Secretary stated that it would be no more than 10' to allow a 25' front yard setback instead of 35' for the lots on the north side of the proposed 51st Avenue North. In response to another question from Chairperson Malecki regarding Condition No. 6, the Secretary stated that he would recommend that that condition be retained to provide additional trees. Chairperson Malecki noted that if the fence were removed, at least the trees would provide some 1 -31 -91 11 screening. The Secretary stated that it would provide a given amount of screening for every lot which could be added to by the homeowner. Commissioner Holmes asked what would happen if no one bought along the south side of 51st Avenue North. He wondered whether it would be uneconomical to build the street for one side of the development. The Secretary stated that the developer would have to spread the cost of the street over however many lots he develops. Commissioner Holmes stated that he felt a warehouse would detract from the area more than a housing development. Chairperson Malecki pointed out that the Comprehensive Plan Amendment would give direction for redevelopment of the industrial area. Commissioner Johnson commented that he understood the pain that people are going through in looking at this development. He stated that he had lived in the area for quite some time and had seen it develop over the years. RESOLUTION NO. 91 -1 Member Bertil Johnson introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 90028 SUBMITTED BY TWIN VIEW DEVELOPMENT INC The motion for the adoption of the foregoing resolution was duly seconded by member Mark Holmes, and the motion passed unanimously. The Secretary commented on the need for a public hearing on Application No. 90029 as well. PUBLIC HEARING (Application No 90029) Chairperson Malecki then asked whether anyone present wished to speak regarding the proposed subdivision. Mr. John Johnson stated simply that he wanted to go on record as agreeing with the staff recommendation regarding the proposed subdivision. Hearing no one else, Chairperson Malecki asked for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. Commissioner Mann asked how the question of the outlots should be dealt with. The Secretary stated that there is time between the preliminary and final plats to revise some details of the plat including the elimination of lots 14 and 15 and the combination of the outlots into a single lot, etc. 1 -31 -91 12 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 90029 (Twin View Development, Inc.) Motion by Commissioner Mann to recommend approval of Application No. 90029. While the motion was on the floor, Commissioner Johnson inquired as to how the Commission should express its feelings regarding the acquisition of the two lots (lots 14 and 15), at the west end of the development. The Secretary stated that it could be indicated in a separate motion or by adding a fifth condition. Commissioner Johnson recommended a fifth condition indicating a recommendation that the City Council acquire lots 14 and 15. The above motion was seconded by Commissioner Johnson with the addition of a fifth condition. The motion was subject to the conditions as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the property shall execute a subdivision agreement with the City outlining required improvements in the subdivision, payment of assessments and utility charges, and time limits for completion of required improvements prior to final plat approval. 4. The preliminary plat shall be modified prior to final plat approval to indicate blocks and to indicate an appropriate easement for rail access to the Murphy Warehouse property. 5. It is recommended that lots 14 and 15 of block 2 of the proposed subdivision be acquired by the City for public purposes to provide access to the land to the west from 51st Avenue North. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. COMPREHENSIVE PLAN AMENDMENT The Secretary then directed the Commission's attention to the draft Comprehensive Plan Amendment and stated that a public hearing must be opened on that amendment. Commissioner Johnson stated that if a Comprehensive Plan Amendment is being considered, perhaps more than just this area should be looked at at this time. The Secretary reviewed the history of the Comprehensive Plan and noted that it had been amended a number of times in the past 10 years. He stated that it was not possible to foresee all land use issues ahead of time. He added, however, that there were concerns regarding the Soo Line property that were raised in the 1960's Comprehensive Plan about the possibility of industrial use on that 1 -31 -91 13 property. Commissioner Johnson stated that if the City is going through the process now of amending the Plan, perhaps it should open up the process to consider other amendments. The Secretary stated that he felt the process was an open process. He stated that there had been many public hearings in 1980 in developing the City's current Comprehensive Plan. He stated that the Plan made recommendations on land use throughout the City, but that the City did not rezone every parcel to conform with the plan. He added that the Plan document needs to be flexible enough to be amended. Commissioner Johnson stated that the City was presently dealing with one micro issue and that he would like to deal with more micro issues at one time as long as we are going through the process. The Secretary answered simply that development proposals stimulate analysis of land use questions that are difficult to foresee ahead of time. PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT Chairperson Malecki then opened the meeting for a public hearing on the draft Comprehensive Plan Amendment to designate the I -2 district within the City as a redevelopment area for Planned Unit Developments and or light industrial. She asked whether anyone present wished to comment on the draft amendment. Mr. John Johnson, of Merila and Associates, expressed support for the Comprehensive Plan Amendment. There followed a brief discussion of the process of reviewing and approving Planned Unit Developments. Mr. Johnson stated that he would encourage conformity between the Zoning Ordinance and the Comprehensive Plan. Commissioner Holmes asked whether the owner of the Murphy Warehouse knew about the proposal to rezone the land adjacent to that property to R1 and to make it nonconforming. The Planner stated that he had discussed the proposal with the owner of the warehouse early on in the process, but not lately. He stated that he believed he had told her the possibility that her building could become nonconforming. He pointed out that she had not attended any of the meetings to date. ACTION CONTINUING PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT Motion by Commissioner Mann seconded by Commissioner Holmes to continue the public hearing on the draft Comprehensive Plan Amendment regarding area #18 of the Land Use Revisions map until the February 14, 1991 Planning Commission meeting. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. The motion passed. Commissioner Johnson stated that he would be gone from early February until late April. 1 -31 -91 14 ADJOURNMENT Motion by Commissioner Johnson seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:49 p.m. Chairperson 1 -31 -91 15 Planning Commission Information Sheet Application No. 90028 Applicant: Twin View Development, Inc. Location: France Avenue North and 51st Avenue North Request: Rezoning and Site and Building Plan This application for rezoning of the Soo Line property from I -2 (General Industry) to PUD /R1 (Single Family) and Open Space, was considered by the Planning Commission at its December 6, 1990 meeting. (The minutes of that meeting were transmitted to the Commission and approved at its January 17, 1991 meeting.) The Planning Commission tabled the matter at that time and referred it to the Southwest Neighborhood Advisory Group for review and comment. The Southwest Neighborhood Advisory Group met at the City Hall on January 9, 1991 to review the matter with staff, the applicant, and people from the surrounding neighborhood. There was a lengthy discussion, as is detailed in the minutes of that meeting (attached) , regarding the merits of the proposed rezoning and development plans. Concern was expressed regarding the size and number of lots and whether residential was a desirable use on this land. The applicant has responded by making the lots at least 75' wide, reducing the number of lots from 29 to 27 (two of which the City may purchase to provide access to the open space area to the west, thus leaving 25 lots for development) . Some concern was also expressed regarding the negative impact of the Murphy Warehouse on this development and the need for better screening. Staff recommend that the landscape plan be revised to indicate at least three trees (either 5' high coniferous or 2 diameter shade or a mix) be provided along the south sides of the southerly lots, in addition to a 2' berm and a 6' high opaque fence. The applicant has not responded positively to this recommendation to this point. One neighbor was also concerned because the new 51st Avenue North would intersect with France Avenue North directly across from their driveway. Staff suggested a landscape treatment to block headlights. Those who attended the neighborhood meeting seemed split between some who felt that the proposal had merit if it were modified to contain fewer, larger lots, and others who simply opposed any single- family development at all out of fear it would become rental housing. Of the three Neighborhood Advisory Group members, two favored the residential development if it were modified to at least meet R1 zone lot width requirements. The member who served as chairman, Charles Gellerman, withheld his comments at the meeting, but has submitted a letter expressing opposition to the proposal in light of "virtually unanimous opposition" by the neighborhood to the intensity of and price range of the proposed development. Staff have prepared a resolution recommending approval of the rezoning and site and building plans given certain considerations 1 -31 -91 -1- APPLICATION NO. 90028 CONTINUED and conditions. We recommend at this point that the 40' wide open space buffer along the south sides of the southerly lots to be omitted and that the R1 zone extend south to the Murphy Warehouse property. This rezoning action will make the warehouse buildings nonconforming as to buffer and setback from the R1 zone. While this certainly will place a burden on the Murphy Warehouse, we feel that it is the industrial use that should bear the burden of proving its right to continue and not the residential development assuming that burden. Also attached for the Planning Commission's consideration is a draft amendment to the City's Comprehensive Plan, establishing area #18 on the Land Use Revisions Map (Figure #15, Table #14) as a redevelopment area for PUD's and /or Light Industrial. Area #18 does not presently include the Soo Line property the Murphy property or the NSP substation property. The amendment would add these properties to area #18, which would then include all I -2 zoned land in the City. There is a public hearing scheduled for the January 31, 1991 meeting. However, the notice was published only 8 days in advance of the hearing instead of 10 days required by ordinance. We have republished the notice and a continued public hearing on the amendment will need to be held on February 14, 1991. The Commission may act on the rezoning on January 31, 1991 with a stipulation that the action is contingent on approval of the Comprehensive Plan amendment. Unless the applicant waives his right, the rezoning application must be placed on the City Council's February 11, 1991 agenda. The Council then has up to 48 days from the date of the Commission's recommendation to take action on the application. We, therefore, recommend some action on the rezoning at this meeting. If the Commission is inclined to recommend denial of the application, that recommendation will be forwarded to the Council with as many reasons as are enunciated. However, a formal resolution will be brought back to the Commission for action at its February 14, 1991 meeting. Submitted by, D Gary Sh llcross Planner pproved by, o C • c.J Ronald W. Warren Director of Planning and Inspection 1 -31 -91 2 Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 91 -1 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 90028 SUBMITTED BY TWIN VIEW DEVELOPMENT, INC. WHEREAS, Application No. 90028 submitted by Twin View Development, Inc. proposes rezoning from I -2 (General Industry) to Planned Unit Development /Rl (One Family Residential) and 0 -1 (Public Open Space) of 17.5 acres of land west of France Avenue North and south of the existing 51st Avenue North right -of -way; and WHEREAS, the Planning Commission held a duly called public hearing on December 6, 1990 when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the Southwest Neighborhood Advisory Group met to consider the matter on January 9, 1991 at the City Hall and recommended approval of the PUD application with some revisions to the development plans and plat; and WHEREAS, the Planning Commission resumed consideration of the matter on January 31, 1991, received a staff report, a draft Comprehensive Plan amendment, revised development plans, and further testimony during a continued'public hearing; and WHEREAS, the Commission considered the rezoning and site and building plan request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the comments relative to this property in the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 90028, submitted by Twin View Development, Inc., be approved in light of the following considerations: 1. The rezoning will allow for the addition of single family homes to the Southwest Neighborhood and to the City generally. This will benefit the City by offsetting the trend of a declining population and will add stability to a neighborhood which has substantial areas devoted to less permanent uses. 2. The rezoning will provide a land use which is consistent with the adjacent single family neighborhood. The RESOLUTION NO. 91 -1 proposed open space is also consistent with the adjacent lakes and is appropriate given the land's topography. 3. The industrial uses in the area for the most part no longer meet community standards and it, therefore, seems inappropriate to add more industrial use to an area that is in need of redevelopment. 4. The development of the property will, for the most part, conform with City ordinance standards. Variation from the front setback requirement along the north side of the proposed 51st Avenue North is acceptable given the location of garages and available off - street parking, and in light of the benefit of preserving as many existing trees as possible. 5. The subject property cannot be efficiently used for industrial purposes because of its location, configuration and topography. Although usable for industrial purposes, such use carries with it the potential for negative impacts on the adjacent residential neighborhood. 6. The rezoning will result in expansion of the R1 district which presently has little vacant and developable land. 7. The rezoning of the land in question to PUD /R1 and Open Space will benefit the surrounding single family neighborhood and provide the community with land that can be put to recreational use to benefit the neighborhood and the community. 8. In light of the above considerations it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED, by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that approval of Application No. 90028 be subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. RESOLUTION NO. 91 -1 3. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission and proposed grading and filling must be approved by the U. S. Corps of Engineers prior to the issuance of permits. 4. Curb and gutter of a type approved by the Director of Public Works shall be provided along 51st Avenue North. 5. Sod shall be installed in all yards abutting a public street. Rear yards shall be seeded. 6. The landscape plan shall be revised prior to consideration by the City Council to indicate at least three coniferous or shade trees per lot along the south sides of Lots 1 through 13 of the southerly block to provide effective screening of the Murphy Warehouse property. Coniferous trees shall be not less than 5' in height and shade trees shall be not less than 2 in diameter, at time of planting. 7. The applicant shall construct a buffer treatment in the south 40' of Lots 1 through 13 of the southerly block to consist of not less than a 2' high berm (as measured from the north edge of the Murphy Warehouse property) and not less than a 6' high wood, vertical board, opaque fence. 8. The applicant shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney and executed prior to the issuance of any permits to include, but not limited to, provisions relating to the following: a) Allowable setbacks within the subdivision. b) The range of building plans approved for use in the subdivision. No building plan shall provide for less than 960 sq. ft. on the main level. C) Landscape improvements within the subdivision. d) Buffer improvements adjacent to the Murphy Warehouse property. e) Provision of paved driveways prior to final inspections. f) Financial guarantees to insure the completion of approved site improvements on each lot within the subdivision. g) Requirement of a landscape package to be provided to each dwelling unit within the subdivision. RESOLUTION NO. 91 -1 h) Donation of the outlots to the City for public purposes. 9. Building permits for this project shall not be issued until the plat contained in Application No. 90029 has been given final approval by the City Council and filed with Hennepin County. Date Chairperson ATTEST: Secretary 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. January 16, 1991 TO: The Brooklyn Center Council Brooklyn Center Planning Commission FROM: Charlie Gellerman, Chairman, SW Neighborhood Advisory Group SUBJECT: APPLICATION NO. 90028 TO REZONE SOO LINE PROPERTY FROM I -2 TO R -1. Having listened to the comments of interested neighbors at the January 9th meeting at City Hall about the above subject as well as having consulted with these neighbors and others personally and by phone, I recommend against the rezoning from I -2 to R -1. There is virtually unanimous opposition to the plan proposed by the developer, specifically, the size and number of the lots, and the price range of the houses. Many feel that the intensity of the housing proposed will tend to make it appear as tract housing, isolating this area from the general community. Since the basic ordinance requirements previously establsihed by the City of Brooklyn Center govern the development of the property in question, the neighborhood's objections to the development proposal can only be expressed by rejecting the application for rezoning the property. Charl Ge lerma Chairman, SW Neighborhood Advisory Group MINUTES OF THE SOUTHWEST NEIGHBORHOOD ADVISORY GROUP JANUARY 9, 1991 CITY HALL CALL TO ORDER The Southwest Neighborhood Advisory Group met to consider rezoning Application No. 90028 and was called to order by the Director of Planning and Inspection Ronald Warren at 7:35 p.m. Those present included Charles Gellerman, Yvonne Quady and Bill Hawes. INTRODUCTION The Director of Planning and Inspection Ronald Warren reviewed a memo submitted to the Southwest Neighborhood Advisory Group regarding the rezoning application. He reviewed the location of the proposed single- family residential project on the Soo Line property west of France Avenue North and north of the Murphy Warehouse property. He noted that the proposed zoning is for R1 and Open Space and that it would be a single - family development with 29 single- family lots and two outlots for open space. He reviewed a plat drawing of the property and noted that there would be some setback variances granted as part of the PUD approval if the application was approved. He also pointed out a proposed 40' wide private open space zone along the south side of the single - family lots on the south side of proposed 51st. He explained that this 40' wide private open space area would serve as a buffer between the single- family homes and the Murphy Warehouse. He also explained that the land would be owned by the single - family homes. He noted that there has been some concern regarding the size of the homes proposed in the development, but that they are basically consistent with the size of the homes in the neighborhood. Mr. Warren stated that one of the most important questions for the Commission to advise on is whether the current land use designation of I -2 (Industrial) is appropriate or whether a residential designation would be better. Mr. Warren noted that other concerns regarding the layout of the property, the buffer and the size of the homes were secondary considerations which could also be considered. Mr. Warren explained that the notices of the meeting were sent without a time designated for the meeting and that some residents were concerned as to the validity of the meeting. He stated that it was an unintentional mistake and that apparently people found out about the time of the meeting in light of the attendance shown. Mr. Warren added that there had been dumping of fill on the property without a permit the previous week and that it was also apparently without the authorization of the applicant or the owner of the property. He stated that the City had ordered that the fill be removed from the site and that that removal was in progress. ADVISORY GROUP DISCUSSION Mr. Charles Gellerman, who served as Chairman of the meeting, then stated that he had lived in the area since the 1960's and he read 1 -9 -91 1 two letters that had been sent to him from people in the neighborhood. One letter was from Daryl Sharpe, of 5042 France Avenue North, which complained that the proposed development had lots that were too small and that quality housing was needed in the neighborhood. The letter stated that there was concern regarding resale value of the homes to be built that would be adjacent to the warehouse. There was also concern that the homes would become subsidized and occupied by low - income residents. The letter concluded with concern regarding the fill that was dumped, asking why it was dumped without an approval and wondering if this is how the developer and /or the City proceeds without public approval. Mr. Gellerman also read a letter from Daniel Middlestedt, of 5100 East Twin Lake Boulevard. The letter complained about the notice that was received, stated that the lots were too narrow, and recommended that evergreen trees be planted along the south side of the development to screen it from the warehouse property and also recommended that the City obtain lots for recreational access. Mr. Rick Hartmann then stated that he did not know about the dirt that was placed on the property, that he was out of town when it took place. He explained that he had told one of his subcontractors about the project and that the subcontractor assumed that it would be alright to place fill on the property, but that no explicit authorization had been given. He stated that the fill was being removed. He concluded by stating that the project was not being tarted without the City's it approval. Mr. Warren added that Y s PP the City did not intend to cite the contractor for a violation as long as the City was getting cooperation in removing the dirt from the site. Member Bill Hawes asked whether the new property owners would own the buffer strip between the residential zone and the industrial use at the Murphy Warehouse. Mr. Warren responded in the affirmative and noted that there would be a berm and a fence within that buffer strip. He stated that if the 02 zoning is approved for that area, a covenant restricting the use of that area to open space use would have to be filed with the titles to the property. He added that the City could instead rezone the entire area to R1 down to the Murphy property. He explained that the industrial use would then become nonconforming similar to the Howe Fertilizer operation. He stated that the burden would then be on the industrial use to establish a buffer at some time in the future if the building had to be rebuilt. Mr. Warren again stated that the land use question is the most basic question and that the buffer, lot size and other issues are other questions to be answered if the rezoning in concept is agreed to. Mr. Warren then gave the advisory group members the minimum lot sizes, widths and setbacks for the R1 zoning district. Mr. Hawes asked what the minimum side setback would be in the development. Mr. Warren answered that it would be 10 feet (though a 5' setback could be allowed in certain special circumstances) and 3' for a garage. He noted that no side yard setback variances were sought. He Explained that the variance 1 -9 -91 2 would be on the front yard setback in the northerly lots in order to preserve as many trees as possible. He added that the squares on the transparency show the setbacks on each of the lots, not the building pads, and that the numbers within those setback areas indicate the floor elevations, not the square foot areas of the houses. Mr. Hawes asked whether an industrial development would do away with the trees that presently exist on the property. Mr. Warren explained the existing right -of -way dedication for 51st Avenue North and that it was possible for an industrial use to dedicate another 30 feet of right -of -way and petition for a street to be put in. He pointed out that homes fronting on Oak Street would then back up to 51st Avenue North. Member Charles Gellermann stated that when the apartments were proposed for this property, consideration was given to putting in a street in this location, but that the land was too low. Mr. Hawes concluded that an industrial use could have a road. Mr. Warren responded in the affirmative, noting that right -of -way could be dedicated and a petition could be submitted for roadway improvements. He stated that, if the proposed rezoning were approved, the City would vacate the existing right -of -way for 51st Avenue North and that a utility easement would be retained in that area. He explained that in all likelihood, the land area within the existing 51st Avenue North right -of -way would go back to the houses along Oak Street as an addition to their property. Mr. Gellerman stated that if the right -of -way land were added to the development, it could add to the value of the lots and improve the overall development. Mr. Warren responded that the land would normally revert to the property to the north since that is the plat from which the land was dedicated. He added that the City Assessor has indicated that adding to lot depth does not add much value to a property. Mr. Gellerman stated that in Brooklyn Park and Maple Grove and some other communities they are going to 80' wide lots because narrower lots are not appealing. Mr. Rick Hartmann, the applicant, stated that wider lots also involve more land for people to take care of. He stated that there are houses selling on these size lots for $85,,000 to 100,000 and up. He explained that he would build some custom houses first to use as models and that other houses would be built as they were sold to buyers. Mr. Gellerman expressed concern regarding the size of the homes. Mr. Hartmann stated that he himself lived in a 960 sq. ft. house and that he had four bedrooms because he has four levels in the house. He stated that he lives on a 75' wide lot and that it's a lot of land to maintain. He stated that greater depth to the lot would allow the homes to be moved back from 51st Avenue North, but that the homes were being kept: forward in order to save the trees. DISCUSSION WITH THE NEIGHBORHOOD An unidentified resident stated that the warehouse walls behind the project would devalue the homes built in that area. Mr. Hartmann staged :tat at least the warehouse would not be a surprise to 1 -9 -•91 3 i people who move in. He stated that people would be able to see ahead of time what their neighbor would be and would not lose value because of the warehouse coming in later. Mr. Duke Dalrymple, of 5142 France Avenue North, stated that he thought the houses would be rented out and that the issue is over land use. He asked why the City should allow narrower lots. Mr. Warren responded that the overall land area in the development is quite ample and that a good portion of the property is dedicated for open space and that this somewhat offsets the narrower lots. Mr.. Dalrymple stated that the applicant was not giving away anything he could actually use. Mr. Warren acknowledged this to some extent, but noted that the City is pursuing acquisition of land around Twin Lake and that, in other locations, would have to pay for land. He pointed out that Mr. Hartmann is proposing to buy the land and give part of it to the City. He explained that the City would have to buy the land if it dealt directly with the Soo Line. Mr. Dalrymple stated that the land couldn't be used by Mr. Hartmann anyway. Mr. Warren pointed out that the City could not use it either without buying it normally. Regarding lot widths, Mr. Warren explained that some lot variances have been granted in other locations of the City in certain circumstances. Mr. Dalrymple asked why a standard lot size was not being applied for. Mr. Warren responded that the applicant has a right to ask for smaller lots as part of the Planned Unit Development application. Mr. Dalrymple stated that the City was giving away lot size for nothing. He stated that he felt the land should remain industrial. Mr. Gellerman inquired as to the plans for planting trees. He suggested that a row of tall trees might help to screen the warehouse and thereby help sell houses in the development. Mr. John Johnson, the project engineer from Merila and Associates, then showed the members present a cross section of the buffer treatment to be constructed. He noted that it would include a 6' to 8' high fence and a mixture of trees. He stated that a solid wall of trees is an option. He stated that the applicant was trying to meet concerns regarding a buffer from the industrial use on the residential property and also trying to preserve trees along the north side of the property and to dedicate land for open space. He stated that when all of these things are added together, there are some compromises that can be made and others that cannot. Mr. Warren explained that the open space buffer along the south side of the residential lots would alleviate the industrial use from having to provide the buffer on its property. Mr. Warren explained the requirement in the Zoning Ordinance for landscape buffers where industrial uses abut residential uses. He pointed out that the existing Murphy Warehouse presently does, and has in the past, abutted I -2 zoned land and was not required to have a buffer. Mr. Ken Nelson, of 5126 East Twin Lake Boulevard, stated that the area north of the tracks which the applicant proposes to dedicate 1 -9 -91 4 for open space, used to be used for dumping by the Joslyn operation south of the Soo Line tracks. Mr. Warren noted that soil tests were being done on the property and added that he was not aware of any contamination of the soil north of the tracks. Mr. Nelson again reiterated that the area north of the tracks was used for dumping by Joslyn and that he reported this to the PCA (Pollution Control Agency). He related some of the history of the use of the area by Joslyn and that it used to be burned in the spring when he was a young child. He noted that he had lived in the area for approximately 50 years. Mr. John Johnson, representing the applicant, stated that soil tests done from soil borings of the area found no evidence of volatile organics. He stated that test wells had been installed by the PCA and that there was no contamination in two out of three of those wells. He noted that one of the wells south of the tracks did show ground water contamination. He stated that the ground water moves southeasterly and that the contamination appears to be confined to the area south of the tracks. Mr. Nelson and Mr. Warren then discussed some of the past history of the property. Mr. Warren explained that the City, in the early 1970's,, was interested in acquiring some land adjacent to Twin Lake for open space, but that the condemnation awards were too high and that the City decided not to buy the land. Mr. John Johnson showed a map of the area and noted the flood plain boundary. He stated that the Soo Line property is a 17.5 acre parcel and that the applicant intends to develop approximately 9 acres while dedicating approximately 8 acres for open space. He stated that of the 8 acres for open space, 6 acres are in the flood plain and that five of those acres are wetland. Mr. Johnson stated that there is a use for the flood plain area, that an industrial use could use the area for some outdoor storage. Mr. Daniel Middlestedt, of 5120 East Twin Lake Boulevard, cited sections of Minnesota Statues 462.257, Subdivision 7 and 462.397 as requiring notice of any zoning action to be sent at least 10 days in advance of the meeting. Mr. Warren stated that the City follows the City ordinance which requires a 7 day notice. Mr. Middlestedt stated that he felt a statute overruled a city ordinance. Mr. Warren noted that Brooklyn Center is a charter city. Mr. Middlestedt noted that the developer wants more homes than would normally be permitted by ordinance. He asked whether the developer has purchased the property or not. Mr. Rick Hartmann answered in the affirmative, stating that he has a contract on the property. He added that he has a commercial use in mind for the property if a residential use is denied. Mr. Middlestedt stated that his position was for some modification of the project. He encouraged the construction of larger homes, more in the range of $100,000 to $120,000 price range rather than the $85,000 proposed by the applicant. He stated that '.he area of right -of -way being 1 -9 -91 5 vacated should be added to the buffer adjacent to the industrial use rather than to the lot depth of homes along Oak Street. He also encouraged the placement of test wells to determine if there was any ground water contamination north of the tracks. Mr. Jerry Bisek, of 5101 East Twin Lake Boulevard, concluded that the other use possible for the property would not be residential. Mr. Shallcross, the Planner for the City, explained that the property is zoned industrial and that an industrial use would be a permitted use of the property. He stated that the City would not be able to negotiate the specifics of the project as long as it met basic ordinance requirements. Mr. Howard Meyer, of 5036 France Avenue North, complained that the residential street proposed by Mr. Hartmann would open up onto his driveway. He stated that he did not want to be threatened by the developer and that he would just as soon see an industrial use of the property rather than residential. Mr. Duke Dalrymple, of 5142 France Avenue North, stated that he felt the developer was being arrogant like the developer of the Bill Kelly House. Mr. Hartmann stated that he was not trying to be arrogant, but that the property would have to be developed. He noted that the taxes on the property are $30,000 a year and that he could not afford to carry this property for any length of time. Mr. Gellermann asked those present how many favored the present 1 -2 zoning, how many would favor an R1 zoning and how many would favor R1 with modifications. An unidentified gentleman present asked about the possibility of open space. Mr. Warren explained that the City could not zone the property open space without compensating the property for the taking of the developable value of the land. Another gentleman asked whether another Murphy warehouse could be put up. Mr. Warren responded in the affirmative. He stated that the development plan would have to meet setbacks, buffers, etc., but that an industrial use of the property was permitted under its current zoning. An unidentified woman asked about the possibility of a park. Mr. Warren explained briefly that the City is interested in developing land around Twin Lake for park purposes and noted that the developer in this case would be dedicating a substantial portion of the land to the City for open space. Mr. Ken Nelson, of 5126 East Twin Lake Boulevard, stated that kids from the proposed development would go to the park up East Twin Lake Boulevard. He asked whether it would be necessary to widen East Twin Lake Boulevard to accommodate this additional traffic. Mr. Warren answered that there was no plan for widening the right - of -way at this time. He stated that he would have to consult with the Director of Public Works to determine if there was any plan for widening in the future. The Planner noted that there were plans for trails in the area. An unidentified woman concluded that the developer would do what he :ants to do with the property and asked whether this was correct. 1 -9 -91 6 Mr. Warren stated that zoning separates certain uses and that single- family development was not allowed under the current zoning. He explained that the developer proposes to rezone the property to a PUD /R1 designation. He further explained that rezoning does not normally control specific lot sizes and house sizes, but that those aspects were on the table with the PUD proposal before the City. He explained a little bit of the PUD process and noted that it was new to the City staff as well as to the neighbors. He concluded by explaining that the developer cannot build a single - family development now, but does have property rights to build an industrial use if the rezoning fails. Mrs. Yvonne Quady, of the Southwest Neighborhood Advisory Group, explained to those present that she had been involved years before in negotiating compromises regarding the Beach Apartments in her neighborhood. She stated that the neighbors banded together in that case and got a fairly good development because they were willing to compromise. Mr. John Johnson stated that the plan proposed by the developer is consistent with the park plan being looked at by the City Public Works Department. He also explained, that, although the right -of -way through the proposed residential area would be bigger, the street itself would not be bigger than those in the area. An unidentified woman asked what would happen to the wildlife in the area. Mr. Johnson stated that he felt that it would probably shift its habitat if it cannot live with the neighbors that move into the area. He referred people's attention to the park plan for this area and the desire to install walking trails. There followed a brief discussion of the trail proposal in this area. Mr. Johnson stated that the trails are provided in their development plan. Mr. Roger Reger, of 5024 France Avenue North, stated that he felt there wouldn't be much opposition if there were fewer and bigger lots. A woman present asked what the developer's schedule was for building on the property. Mr. Johnson stated that it was their desire to build models in the spring so that they would be open for the Parade of Homes in the fall. He stated that he felt an industrial use of the property does not make sense for the neighborhood. There followed a brief discussion regarding the possibility of tilting he roadway in some fashion to avoid g Y id linin g it up directly with the Meyers' driveway on France Avenue North. Mrs. Ammon, of 5042 Ewing Avenue North, stated that she felt those present should work with the developer to try to get a good development. She noted that the City got Brookdale Ten some years before and that the City should work to get a better development this time. Mr. Duke Dalrymple argued for fewer and bigger lots. Mr. Warren stated that he did not believe the City could require lots larger than the basic City requirement in the R1 zone, namely, a 75' wide lot. In response to a question from Mrs. Meyer, Mr. Warren gave the buffer and setback requirements for an industrial 1 -9 -91 7 i use on the Soo Line property. Mr. Dalrymple asked whether an office use would be permitted. Mr. Warren indicated that it would not be permitted in the I -2 zone. Mr. Gellerman asked whether it would be possible to rezone the property to commercial. Mr. Warren responded that he doubted that such a rezoning would be requested. He stated that he did not see the area as a viable commercial zoning district because of its location. He added that he did not think multiple family is acceptable and, if it were zoned for townhouses, there would be even more units than is being sought by the developer now. He concluded that the City would be left with the existing I -2 zoning if the R1 zoning were rejected. Mr. Dalrymple stated that the neighborhood does not need more small homes. Another unidentified woman expressed concern regarding traffic from the residential development. Mr. Shallcross explained that one of the staff's concerns in looking at this property over the years has been the possibility for truck traffic going further up France than it already does and intruding into the residential neighborhood. Mrs. Meyer pointed out that such traffic would be during the day and would not be as objectionable as residential traffic toward her property at night. Mr. Ken Nelson expressed concern about the possibility of some traffic moving up East Twin Lake Boulevard to get to Brooklyn Boulevard and then to Highway 100 if the entrance ramp at 50th Avenue North were closed. Mr. Warren stated that that seemed to be a circuitous route. He stated that it was far more likely that residents that live along East Twin Lake Boulevard will use 51st Avenue North to get to France Avenue North. Mrs. Meyer agreed and stated that there would be more lights shining at her house. Mr. John Johnson, representing the applicant, p g pp stated that the applicant has told him that he is willing to increase the lot size to 75' for interior lots and 90' for corner lots, but that he still wants the setback and buffer compromises as indicated on the plan. He stated that he doubted that the applicant would be able to get title to the vacated right -of -way since it would go back to the property owners abutting Oak Street. He told those present that lot width was not perceived by the applicant to be an issue, but that some modification could be made to the plans to accommodate that concern. He also stated that the road could be shifted so that it didn't line up directly with the Meyers' driveway, but that it would either reduce lot depth or the width of the buffer, depending on which way it was moved. Mr. Warren suggested the possibility of adding screening on the Meyer property to reduce the problem of the headlights. An unidentified man asked whether the applicant would be able to do what he wants if the property is rezoned. Mr. Warren explained that the only thing that could be developed on the property under the PUD designation would be the approved development plans. An unidentified woman asked, if the property remained industrial, i 1 -9 -91 8 would the City still go after land for a park and seek public input? Mr. Warren stated that there would be informational meetings, though not public hearings in the formal sense as with the rezoning. He stated that park development is something that the Park and Recreation Commission looked into. He added that no final plan has been decided on at present. Mr. Ken Peterson, of 3850 Oak Street, stated that the lots along Oak Street are 80' wide or more. He stated the development should either have larger lots or that the property should be left industrial. Mr. Shallcross pointed out that, if the property were left industrial, there is at least a possibility that a street would be put in behind the homes along Oak Street and that all of the trees which presently buffer the Murphy warehouse would be removed. A woman present asked that another meeting be set up to look at a revised plan. She stated that she did not want truck traffic in the area. She added that she would prefer larger residential homes to industrial development. Another gentleman present asked whether a revised plan was available to look at. Mr. John Johnson stated that nothing has been worked up yet, but that another plan would be developed with wider lots. He stated that the applicant needs to know if the residential zoning is acceptable. Otherwise, there isn't much sense in pursuing this option. Mr. Bill Hawes, a member of the Southwest Neighborhood Advisory Group, stated that he would definitely prefer residential use rather than industrial. An unidentified man noted that Mr. Hartmann was in business to make money and discussed the possibility, that, if the residential use were denied, perhaps no industrial use would be profitable. Mr. Warren stated that, if the R1 zoning were denied, an industrial use would probably come about eventually. He stated that if an R1 zoning were later approved, the City could be sued by Mr. Hartmann for not approving his rezoning. There followed a brief discussion regarding notices and the need for another meeting. Mr. Warren explained the background of the proposal and the process that is normally pursued in reviewing a rezoning. An unidentified gentleman suggested that perhaps a limit should be placed on the number of houses rather than on the exact lot size. Mr. Warren stated that he believed it would be better to require a minimum lot size and added that he did not feel that the City could dictate a larger lot size than the standard minimum of 75' in width. Mr. Dalrymple stated that he felt the problem was the number of homes and that a traffic analysis should be done to determine what the impact would be on France Avenue North. Mr. Warren stated that a traffic analysis certainly would not show an adverse impact on France Avenue North. He stated that the impact would not be much different than the impact of Oak Street or other streets which feed 1 -9 -91 9 into France Avenue North today. He stated that the streets are designed to carry far more traffic than they actually do. Mrs. Meyer stated that she wanted residential development, but not with cars coming toward her house. She stated that if the development were set up according to the plan, she would prefer keeping the I -2 zoning. Mr. Gellerman stated that there would be another meeting and asked what the preference of the advisory group was. Mr. Hawes stated that he preferred residential development. Mrs. Quady stated that she preferred residential development with a minimum lot size in line with the City standards for the R1 zone. Mr. Geiierman stated that he had not made up his mind yet and would be contacting people in the neighborhood over the next couple of weeks. ADJOURNMENT There being no further business of the advisory up, the meeting adjourned at 11:00 p.m. Chairman 1 -9 -91 10 y 4- -e--n Zz ZI a A-e 4T -46ZL4b c. ; C�-t t -Gc �3g FER 1991 yr RECEIVED � c r MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspection _44uj DATE: January 22, 1991 SUBJECT: Comprehensive Plan Amendment The Planning Commission is considering a request by Rick Hartmann to rezone from I -2 (General Industry) to PUD /R1 and Open Space approximately 17.5 acres of land that are owned by the Soo Line north of the Soo Line tracks and west of France Avenue North. Mr. Hartmann proposes to build up to 27 single- family homes on the easterly portion of the property north of the Murphy Warehouse property. The westerly 8 acres or so he proposes to dedicate to the City for public open space. A Comprehensive Plan amendment is required if the Planned Unit Development rezoning is to be approved. Section 35 -355, Subdivision 4c of the City's Zoning Ordinance states that: "A PUD may be located only in an area designated for redevelopment in the City's Comprehensive Plan." The Comprehensive Plan presently recommends no change in the I -2 zoned Soo Line property though the area is identified as a planning issue for the City on page 74 of the Plan. The Comprehensive Plan amendment would include the Soo Line property in area #18 (basically the entire I -2 zoning district) on the Land Use Revisions Map (Figure 15) and would designate on Table 14 all of area #18 as an area for redevelopment as a PUD and /or light industrial development. The'Plan presently recommends "light industrial" development in area #18. A public hearing by the Planning Commission to consider this Comprehensive Plan amendment is scheduled for Thursday, January 31, 1991 at approximately 7:30 p.m. Section 35 -202, Subdivision 1 of the City Ordinances establishes the procedure for Comprehensive Plan amendments and requires that a copy of the proposed amendment be transmitted to the City Council prior to the publication of the notice of the hearing. The notice of public hearing will be published in the Brooklyn Center Post on January 24, 1991. Pursuant to the above ordinance provision, I have enclosed a copy of the notice of hearing which includes a statement of the intent for the Comprehensive Plan amendment. Both Table 14 and Figure 15 of the Comprehensive Plan will have to be modified to reflect the changes. Please forward these items to the City Council for their consideration. Any questions that you have, or the City Council might have concerning this matter, may be directed to me. RAW:mll x (� T ' v) C I ( 1 ;il: I(, , - - 4 ' i I al�1�Ii (,' 1[, if a L)[ 11 � � DTI ��.. o �:�`,r 1 C1. II I1 ,:� H 1 1 HH1I1111�JIi1 ,I �. A,�a I ' n;�l , t 1 _ � { '�f'I�1��1 1 �'�1 »)< �,�x - 111,11��11�11�'% I �j I �. � �`• '�'!s hl�{I'��I -- �\ J J�I _ rr ff 1 I 11 \ I:� 1 1l E/ :►1 ` , G '�' `;r i_i'I/ �' ' ; I K -:. < }I i f f ti f I X � n n yX J EE ,. 7 r I I. i r 1 1 y ( - 2�l I �• I T � I r i M.II�JI; ( a _ Li( DIIL "�...5 I `' II �1 Y .t r 11 QC= ro a , iK Iq - -� I f TZ TABLE 14 Land Use Plan Revisions Location Number Recommended Land Use la. Mid- Density Residential or Public Land lb. Mid- Density Residential 2. Single - Family Residential 3. Commercial Retail 4. Commercial Retail 5. Mid- Density Residential 6a. Light Industrial 6b. Light Industrial 6c. Mid- Density Residential 7a. Single - Family Residential 7b. Public Open Space 8. Multiple- Family Residential 9. Commercial /Retail 10. Commercial /Retail 11. Mixed Use Development (Including High - Density, High -Rise Residential, Service /Office and General Commerce) 12. Mid - Density Residential /High Density Residential 13. Mid- Density Residential 14. Single- or Two - Family Residential 15. Public Open Space 16. Public Open Space 17. Mid - Density Residential 18. Redevelopioent as PUD and /or Light Industrial 19. Commercial 20. Low - Density Residential 21. Service /Office 22. Low - Density Residential 23. Service /Office /Mid - Density Residential 24. Service /Office 25. Service /Office /Mid - Density Residential 26. Service /Office /Mid - Density Residential 27. Service /Office /Mid - Density Residential 28. Service /Office /Mid - Density Residential 29. Commercial Retail 30 Mid - Density Residential /Service /Office 31. Service /Office /Mid - Density Residential 32. Mid- Density Residential /Service /Office 33. Mid- Density Residential /Service /Office 34. Mid- Density Residential 35. Commercial Retail 36. Mid - Density Residential /Service /Office 37. Mid- Density Residential 38. Single- Family Residential 39. Service /Office 40. Commercial Retail 41. Service /Office 42. Mid- Density Residential 98 CITY 6301 SHINGLE CREEK PARKWAY x OF BROOKLYN CENTER, MINNESOTA 55430 ROOKLYN TELEPHONE: 569 -3300 ENT ER FAX: 561 -0717 ' EMERGENCY - POLICE - FIRE 911 NOTICE OF HEARING ON PROPOSED COMPREHENSIVE PLAN AMENDMENT CITY OF BROOKLYN CENTER Notice is hereby given of a public hearing to be held on the 31st day of January, 1991 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider a proposed Comprehensive Plan Amendment relating to the following described property: That area bounded by the following: Beginning at the intersection of 50th Avenue North and France Avenue North, thence northerly along France Avenue North a distance of approximately 620 feet to the south line of the existing 51st Avenue North right -of -way; thence westerly along said right- of -way to Twin Lake; thence southerly along the eastern shore of Twin Lake to the north line of Lakebreeze Addition; thence easterly along the north line of Lakebreeze Addition to Azelia Avenue North; thence south along Azelia Avenue North to Lakebreeze Avenue; thence easterly along Lakebreeze Avenue to France Avenue North; thence north along France Avenue North to the Soo Line tracks; thence easterly along the Soo Line tracks to Highway 100; thence northeasterly along Highway 100 to 50th Avenue North; thence westerly along 50th Avenue North to the point of the beginning. The following described land shall also be included: Beginning at the intersection of France Avenue North and North Lilac Drive; thence south along France Avenue North to the south line of Registered Land Survey No. 952; thence easterly along the south line of R.L.S. No. 952 to the south line of R. L.S. No. 981; thence easterly along the south line of R.L.S. 981 to the south line of R.L.S. No. 1023; thence easterly along the south line of R.L.S. 1023 to the east City boundary; thence north along the east City Boundary to the Soo Line tracks; thence southeasterly along the Soo Line tracks to the east City boundary in line with Xerxes Avenue North; thence north along the east City boundary to 49th Avenue North; thence west along 49th Avenue North to the northeast corner of Lot 2, Block 1, Howe, Inc. Addition; thence south 150' to the south line of said lot; thence westerly to the east line of Lot 6, Block 4, Brooklyn Manor Addition; thence south 103.71 ,sesui,�wcaatt Notice of Hearing Page 2 feet to the south line of said lot and block; thence easterly along the south edge of Block 4, Brooklyn Manor Addition to Highway 100; thence southwesterly along Highway 100 to the intersection with France Avenue North; thence southeasterly to the point of the beginning. This property is more commonly known as the land currently zoned I -2 within the Southwest Neighborhood of the City of Brooklyn Center. Statement of contents of the proposed amendment: The proposed amendment is to designate the areas within City which are zoned I -2 Ge ( neral Industr as areas for redevelopment ment with p the ossib' alit of both Planned P y 1 nned Unit ht Developments and/or Li P / g Industrial development. Date: January 16, 1991 Ronald A. Warren Planning Commission Secretary (Published in the Brooklyn Center Post January 24, 1991) NO Z _ rtr..... :.A�u.:�:. ` _� l_ I �' �. �� ui F ....... Z Cf) . . ................ .................... \\\\ `� H� l �. .._. ��. �� A.�!111 �4MIN �- • �� f „�,� � `� .:7:1:1:1:• - _ . � ;t'i l �, ._.•. - ^\�.. `� \`. .1U��' 1� ..I �.: _i.t.r ,�,l... �. ..'y � '`` ,I r11r T! �\t� �� 1 !� l{ l 1 j CL -�7- ... Lu CK: LLJ1 J CL rr ..... . . ...... .......... j LU LLJ > z Ll ...... UJ z -1, T .......... . ... 0 �1 -�w _. w cn IT) ,�., �. '1 1 /\" 1.1 .� �T . ...... MSm uj LLJ LAM •r .. ml` 1 !Q. LU CO 4 uv. LU LLJ LL, ja cc 0 LO LU cc z I- _j LL loll F. SCHOOL s ` ■■■��� ►� MEMO - �,� ��. �■■� ■��/1 ■111 �1- � ■ '� •��• 11 1 � � � t _ LAS »�A /� �_ ' � •ai�'8���i .4� R _. _ Ll .1 454-- - - - - -- 1 N TYPICAL FENCE REV 1 -11 -91 OPENING DETAIL PRELIMINARY -. FOR REVIEW ONLY CITY OF BROOKLYN CENTER Council Meeting Date 2 /11 /91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 90029 - Rick Hartmann /Twin View Development, Inc. DEPARTMENT APP L: Signature - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: A ,420, e No comments to supplement this report C�hments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X Planning Commission Application No. 90029 is a request for preliminary plat approval to subdivide the Soo Line property into . 27 single - family lots and two open space lots. - This application was first considered by the Planning Commission at its December 6, 1990 and was tabled at the applicant's request. The Planning Commission again considered the matter on January 31, 1991 and approval was recommended subject to the five conditions listed on page 13 of the January 31, 1991 Planning Commission minutes. Attached for the Council's review are minutes and information sheets from the above mentioned meetings, and also a report from the Director of 'Public Works regarding various aspects of the proposed subdivision agreement. Recommendation It is recommended that this application also be reviewed in detail and continued until the February 25, 1991 City Council meeting at which time all applications and the Comprehensive Plan Amendment can be considered concurrently. Planning Commission Information Sheet Application No. 90029 Applicant: Twin View Development, Inc. Location: 51st Avenue North and France Avenue North Request: Preliminary Plat This preliminary plat application is a companion to Application No. 90028 which requests rezoning and site and building plan approval for a single family development on the Soo Line property, west of France Avenue North and north of the Murphy Warehouse and the Soo Line tracks. The application was tabled with the applicant's consent at the Commission's December 6, 1990 meeting. Since then, the rezoning application has been considered by the Southwest Neighborhood Advisory Group which recommended by two votes to one that residential zoning be approved for the property if the plan is modified to provide for at least the minimum R1 lot width on the single family lots. The plat and site plan have been so modified. The minimum interior lot width is now 75' and corner lots 90 The subdivision now provides for 27 single family lots and two open space outlots. Furthermore, City staff are prepared to recommend acquisition of two of the single family lots on the west end of the proposed 51st Avenue North to provide access to the open space outlots to be dedicated to the City. Thus, the number of lots actually developed in this subdivision would not exceed 25 if the proposal were approved and the City acquired two lots. As to the open space dedication, staff have questions as to whether it is necessary or desirable to have two separate lots and whether they should be designated as outlots. Under City ordinance, outlots are by definition unbuildable. It may be that the City will desire in the future to place a structure or building in the open space area and it would be burdensome to replat the property again simply to change the designation of the outlots to lots. Nevertheless, this is a detail which can be decided between preliminary and final plat approval. Other than the change in lot width which has reduced the number of lots by two, the plat has not been substantially changed since the Commission considered it at their December 6, 1990 meeting. We would recommend at least two more changes at this time. One would be to add block designations which have been omitted on this latest draft. The other change is to add an easement through open space area for the rail access to the Murphy Warehouse property. Apparently a poorly defined easement exists now, but nothing has been shown on the plat. Given the above modifications, the plat appears to be in order and approval is recommended, subject to at least the following conditions: 1 -31 -91 1 APPLICATION NO. 90029 CONTINUED 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the property shall execute a subdivision agreement with the City outlining required improvements in the subdivision, payment of assessments and utility charges, and time limits for completion of required improvements, prior to final plat approval. 4. The preliminary plat shall be modified prior to final plat approval to indicate blocks and to indicate an appropriate easement for rail access to the Murphy Warehouse property. Submitted by, /T Gar"Sh ll cross Planner proved by, Ronald A. Warren Director of Planning and Inspection 1 -31 -91 2 I�aj 1 Y Pl..^ �. • � y l � T1 �. ( _ I ��� ;! 1tt1 r . I� q -. ..._.._- .�...... -.� 1 = SITE (1 LOCATION MAP 1111 /5 N ?f � i � ' ,� \;,. � � `•��n� w_rf„tl.�,.t�1t 9 ..�_... n 5•_ qf . ✓' .�S i I I^ ° " . ��.. "'_' I ., .. /aa7o 6eo'oar•s3'E I'sl Q -. T.yTAL NU NCGIa OF LOTS 2 LoTti - -sCf G�CK6• WlauT Cd+lr 1�► t)Ll - •fS') �.; 9 B1 Qosl,aCR Q6 FG•�T 'S�B � V) tam Q6 F cT ` i:wu.. u.n ..w l..n W E.ueT,NCa ac +'-61 Z -Q .ao .. O M 1 0 maw. -K� K- 1 /pa.o. s...l. °.� u, tCL Al- OIJT LOTh P♦ O [C��' ! 6s�GC� a.16: ° uo°nn�uu. l I° °Illl l: REV. 1 -11 - t ` PRELIMINARY FOR REVIEW ONLY of T w I CITY OF BROOKLYN CENTER Council Meeting Date 2 111 91 Agenda Item Number /Y[- 2 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: TWIN VIEW MEADOWS - SUBDIVISION AGREEMENT DEPT. APPROVAL: SY: A�cN PP, DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) With reference to the proposed preliminary plat of the Twin View Meadows Addition, • the Engineering Department has met with developer Rick Hartmann on several occasions to discuss the City's requirements for the development of a Subdivision Agreement. The "standard provisions" which will be incorporated into that agreement include the following: • The developer is required to enter into a financial performance guarantee assuring that he will construct or have constructed at his cost certain agreed to improvements. If the developer defaults on the agreement, the City many construct the improvements and demand payment via the financial performance guarantee. • All plans, specifications, and contract amendments for the agreed to improvements are subject to the review and approval of the City Engineer, and all work is to be inspected and approved by City staff. • Water, sanitary, and storm sewer mains and street improvements constructed by the developer shall be dedicated to the public ownership and use, and the City is to be provided with accurate as -built information. All hookup or other charges, assessments, and escrows are detailed. • Proper survey monumentation shall be installed. • The developer must comply with all requirements of other agencies with jurisdiction, i.e., the U.S. Army Corps of Engineers, the state DNR, and the Shingle Creek Watershed Management Commission. s In addition, staff has discussed two special items with the developer, i.e.: Item 1 - City purchase of two lots (i.e. - proposed lots 14 and 15) for City use in conjunction with " Outlots A and B ". Discussion The developer is proposing to donate Outlots A and B to the City for primary use as park /open space. It is noted that the acquisition of this property was proposed in the Middle Twin Lake Study (see "Concept Plan" attached). If the developer proceeds with development of all of the lots (including 14 and 15), he plans to place fill on those two lots so as to bring them into compliance with the City's Flood Plain Ordinance. To allow that fill to be placed, the "Management Standards" of the Shingle Creek Watershed Management Commission would require the developer to provide "compensating storage" elsewhere to restore the volume of the storm drainage storage capacity which he has filled in. This could be accomplished fairly easily by "borrowing" fill material from within the Outlot A and B area. However, the development of such a "borrow area" would result in the destruction of all existing vegetation in that borrow area. In addition, the Shingle Creek Management Standards require the creation of a storm water treatment pond for the purpose of improving the quality of the run -off water from this development. If all of the lots are developed, the developer plans to construct his pond on Outlot A before donating it to the City, thereby destroying more of the existing vegetation on that property. If however, the City purchases lots 14 and 15, nearly all of the vegetation on • Outlots A and B can be left undisturbed by the developer because (1) there will be no need to place fill on those two lots, (2) as a result, there is no need to provide compensating storage in the outlots, and (3) the storm water treatment pond can be constructed in the "lot 14" area, which is the area most naturally adaptable to construction of such a pond. The developer has advised staff that he is willing to sell lots 14 and 15 to the City at approximately $26,000 per lot. Item 2 : City participation in the cost of constructing a storm sewer on proposed "51st Avenue ". Discussion The City's subdivision ordinance requires the developer to construct storm sewers as needed to service his development. Accordingly, this developer proposes to construct a storm sewer on 51st Avenue to serve this subdivision. In reviewing the City's storm sewer system which serves this portion of the City, staff finds there is a need to provide additional storm sewer to serve the portion of France Avenue between 50th and 51st Avenues. Also, it is our opinion that the most economical way to provide this service is to agree to pay this developer for the cost of oversizing the proposed storm sewer on 51st Avenue. The developer has tentatively agreed to provide this additional capacity if the City agrees to pay the oversizing costs which are now estimated at $10,500. Funding The City's Costs If a decision is made to purchase lots 14 and 15 and to pay the developer for the costs of oversizing the storm sewer, it is recommended that: • Storm Drainage Utility Funds be used to pay for the cost of one lot (i.e. - lot 14 - which would be used as the site of the storm water holding pond), and for the cost of oversizing the storm sewer, for an estimated total $36,500. • Capital Projects fund be used to pay the cost of the second lot (estimated at $26,000) since it would be acquired primarily for use as park /open space. City Council Action Required If the preliminary plat is approved by the City Council, it is recommended that this report also be reviewed and discussed by the Council. Following that discussion, we request Council direction in this matter, so that staff can proceed with the necessary negotiations and development of a final Subdivision Agreement for formal consideration by the Council at the time final plat approval is requested by the developer. r 1 UPPER TWIN LAKE 0 WATER m ' ACCESS Y POINTS J 1 VER6 LOOK = _ 1 - 2 OAK STREET ••�� ,./ 1 0 UNDERPASS - •e '• A I t�� l ODCNIPB ON TAAIU TRAIL 1 AIL HEAD \ \�\ PARKING /TURN- AROUND \ POTENTIAL WETLA D �'�'•: i r_ _________________ _ _____ ENHANCEMENT �� EXISTING VEGETATION(TYP I n LAKE'FRO PARK'`' ...... �1 ADE_CROSSIN r FISHI PIE i ACTIVE USES I THREE aALL149LOS A►TIOHS: i 1 i ` �. 'BDFTBALL.8A8'EaALL� WATER I! j � "` * •\ ACCESS j tt I • POINTS OPTIONS: - -j DOCK OVERLO ...,�.... Ir1 CTIVE PAEI ( DECK k •'.•. ' ''S -y+� SANDY POINT ~.�• r "'�•�.. Z i �—• ° ... .... ....... TRAIL O ;/ i ¢ a , - �� • ' ,� a oSPECIAL USES �. �i c .. 0 s j - _ R1NQ • OPTIONS-•-�AR1(111 7YcSTROOMP3,9�A P RIMARY - FISHING ACCESS J NEIGHBORHOOD PLAY EQUIPMENT v 0 . .1 'BLIFPER I II I 'iii 0 W W z I', lNe G a MONITOR WELL Topography Source: Aerial Photograph by MARKHURD CORPORATION, Apr/ 7989 O PUMP OUT WELL Westwood Professional Services, Inc. D•0•m0•r 7969 ' ® 1 700' 200' 400' 011111111 eeaMaat� 1 The City Of BrOOklyn center Middle Twin Lake Park Study CONCEPT PLAN CITY OF BROOKLYN CENTER Council Meeting Date 2 / 11 / 91 Agenda Item Number 1A Qi REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 18 OF THE BROOKLYN CENTER CODE OF ORDINANCES, ADDING NEW SECTION 18 -103, PROVIDING FOR THE ISSUANCE OF CITATIONS ON THE SURFACE OF TWIN LAKES DEPT. APPROVAL: n Signature - t' e - James Lindsay, Chief of Police— . MANAGER'S REV W /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached e ) Pp s �— The City of Brooklyn Center recently entered a joint powers agreement with Crystal and Robbinsdale to patrol the Twin Lakes area. All three cities intend to provide these services using code enforcement officers, community service officers, and reserve officers. As these positions are all nonsworn, State Law requires that each city must have an ordinance specifically authorizing these individuals to issue citations for violations. The attached ordinance was drafted by the City Attorney's office to comply with this requirement. RECOMMENDATION: The City Council approve this ordinance for a first reading. r CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 , at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 18 regarding the authority to issue citations on the surface of Twin lakes. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 OF THE BROOKLYN CENTER CODE OF ORDINANCES, ADDING NEW SECTION 18- 103, PROVIDING FOR THE ISSUANCE OF CITATIONS ON THE SURFACE OF TWIN LAKES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 18 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Section 18 -103 as follows: Section 18 -103. AUTHORITY TO ISSUE CITATIONS ON TWIN LAKES. Nonsworn personnel from the police departments from the cities of Brooklyn Center, Robbinsdale, and Crystal are authorized to issue citations on any part of the city lying on Twin Lakes or islands in Twin Lakes or on public lands adjacent to Twin Lakes for violations of any applicable laws, ordinances or reg la�tion_s, under the authorization and direction of the City Manager or the City Manager's designee. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Council Meeting Date 2 -11 Agenda Item Number 1-3 Q / REQUEST FOR COUNCIL CONSIDERATION *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: DISCUSSION ITEM: PARK AND RECREATION COMMISSION RECOMMENDATION REGARDING SPRING CLEANUP DAY. DEPT. APPROVAL: & Personnel Coordinator Signature - tle 9 MANAGER'S REVIEW /RECOMMENDATION: >� No comments to supplement this report Comments below /attached *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • At its January 15, 1991, meeting, the Brooklyn Center park and recreation commission passed a motion recommending the city council approve the concept of a spring cleanup day for the area in and around Palmer Lake and a short stretch of Shingle Creek south of 69th Avenue North. If the concept is approved, the commission will bring a more formal proposal to the city council in March, requesting the availability and assistance of City maintenance crews and equipment. The commission has tentatively established the cleanup day in conjunction with Brooklyn Park's cleanup day on May 4, 1991, from 9 a.m. until noon. The purpose of the cleanup day is to make residents more aware of Brooklyn Center's resources while involving them in a cleanup effort. Civic organizations would be asked to participate by volunteering people, refreshments, and incentive items for participants. If the council approves the concept, further information regarding costs to the City will be presented for approval. REQUESTED CITY COUNCIL ACTION: Approve the concept of a spring cleanup day for the area in and around Palmer Lake and a short stretch of Shingle Creek, and request the park and recreation commission to prepare a formal proposal to be presented to the city council before final approval is granted by the council. CITY OF BROOKLYN CENTER Council Meeting Date 2 /11/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STATUS REPORT REGARDING PLANS FOR REPLACEMENT OF LIFT STATION NO. 2 (AT LYNDALE AVENUE /55TH AVENUE NORTH) DEPT. APPROVAL: SY KNAPP, D ECTOR PUBLIC WORKS ore MANAGER'S REVIEW RECOMMENDATION: ' �� AQ No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) On August 13, 1990 the City Council received and discussed a report from SEH, Inc. regarding improvements to sanitary sewer Lift Station No. 2 located on Lyndale Avenue at 55th Avenue North. After discussion of the three alternates described in that report, the Council selected "Alternate C ", i.e. - construction of a totally new station - to be located on property which is not presently owned by the City, provided that an agreement for the use of that property could be developed with the Hennepin Parks District which, at that time, was in the process of purchasing that property for inclusion into their "North Mississippi Regional Park." On October 29, 1990 the City Council approved an agreement with SEH, Inc. to provide design services as required for this project. Under that agreement, SEH has developed the details and preliminary design information needed to allow us to conduct negotiations with the Hennepin Parks District for use of their property (they recently completed acquisition of this property). Because we could not be certain that these negotiations would be successful, we directed SEH to place all other work under their contract "on hold" until we could be certain that the proposed site would be available. Following is an outline of the agreement which City staff has negotiated with the Hennepin Parks District staff: Hennepin Parks District agrees to: • deliver title to the proposed lift station site, i.e. - "Parcel A ", as shown on attached Exhibits B and D, to the City of Brooklyn Center; and • deliver a construction easement to "Parcel B ", as shown on Exhibits B and D, to the City of Brooklyn Center. O City of Brooklyn Center agrees: to de _ _ liver tit - le to PID No. 01 -118 21 43 0015 (see Exhibits C and D) to the Hennepin Parks District, • to deliver title to PID No. 01- 118 -21 -43 -0088 (see Exhibits C and D) to the Hennepin Parks District, to coordinate our design of the lift station with the Hennepin Parks District, so as to assure its compatibility with their plans for the development of the North Mississippi Regional Park, and • to remove the existing lift station (located on PID Nos. 01- 118 -21 -42 -0013, 01- 118 -21 -42 -0054, 01- 118 -21 -43 -0004 and 01- 118 -21 -43 -0009 see Exhibits C and D) upon completion of the new station; and to redevelop that part of this site which is no longer needed in conjunction with the new station to park use, and to deliver title thereof to the Hennepin Parks District. Exhibit E (attached) is a copy of a "preliminary concept plan" for landscaping of this site which incorporates the parameters which have been tentatively agreed to by Hennepin Parks staff. It allows development of a trail either between the station and the river or between the station and Lyndale Avenue. In addition, it provides for separation of the access drive from the trail, security fencing around the station, and visual screening of the station. Additional work needs to be done during the final design phase to develop further details to assure compatibility • with future development plans for this park, both regarding building design and the landscape plan, while also assuring compatibility with the neighborhood. As more detailed plans are developed, we will want to consider the possibility of using a gabled roof design, to be more compatible with the residential /park environment. At the Council meeting staff will be prepared to further discuss other concerns regarding the aesthetic appearance and impact of this proposed improvement. Hennepin Parks Commission Approval The Hennepin Parks Board of Commissioners, on February 7, 1990, approved the agreement as outlined above and authorized its staff to complete and execute the required documents. City Council Action Required A resolution authorizing execution of the documents required to complete the property transfers outlined above is provided for consideration by the City Council. If that resolution is adopted, we will direct SEH, Inc. to proceed with final design of the lift station. r EXHIBIT A LEGAL DESCRIPTIONS OF PROPERTIES TO BE ACQUIRED FROM HENNEPIN PARKS DISTRICT FOR LIFT STATION NO. 2 PARCEL A - That part of Outlot A, W IIJ.TAM N. SUPER ADDITION, according to the recorded plat thereof, which lies northerly of the following described line: commencing at the northwest corner of said outlot; thence southeasterly, along the west line of said outlot, assumed bearing of South 17 degrees 18 minutes 35 seconds East for a distance of 120 feet to the beginning of the line to be described; thence North 72 degrees 41 minutes 25 seconds East to the east line of said outlot, and said line there terminating. PARCEL B - Temporary Construction Easement The southerly 30.00 feet of that part of Outlot A, WILLIAM N.SUPER ADDITION, according to the recorded plat thereof, which lies northerly of the following described line: commencing at the northwest corner of said outlot; thence southeasterly, along the west line of said outlot, assumed bearing of South 17 degrees 18 minutes 35 seconds East for a distance of 150 feet to the beginning of the line to be described; thence North 72 degrees 41 minutes 25 seconds East to the east line of said outlot, and said line there terminating. (Temporary Easement to expire on December 31, 1992) f .. 66 EXHIBIT B 0 0 u 3 , -North line of Outlot A, Bellvue Acras I N.E, corner of o ,.�/ 4cres ,Lot 1, Block 1, ° n ; 0 4�° m Bellvue Acre3 ° N. 89 5751 "YS!, �,,,� p ��, ` •, Q; 900 • ?3.04 • I ,� r � LY or- o411 IL a at o� o e, ; l ;n }. 8 ° � Out , �. WO = = 66 d ►;ne W O t r A , �¢ PARCEL A T 1 Z "E ` s PARCEL B t j 0 0 m )ufh hne of Lot 1, Block h Bellvue Acres r m Z 148.74 179.6,0 ? N. 89 °59'45 "W. 0 BENCH MARK-, 240 o- cn U) --- -- 185.20 - - - - -- — 69.15 - 110.00 - --- - N.89 "W. 6 North lane of South 62P, of o \ 0 6 Lot 7, as measured along fhe 't fronf aid rear lines thereof, • - •extended Fast > , Bellvue Acres , ,5,E, corner of Lot Block 1, Bellvue Acres BENCH MARK: 5oufheasf corner fop o1' bottom step ( at 'Z!v '� 5445 Lyodale (Lof 2, Block 1, WILLIAM 1�A EXHIBIT C PROPERTY CURRENTLY OWNED BY CITY OF BROOKLYN CENTER APPROX. AREA DOCUMENT DOCUMENT DATE ACQUIRED PURCHASE PID (SQ FT) OF RECORD NUMBER BY CITY PRICE COMMENTS 01- 118 -21 -42 -0013 500 Warranty Deed #5365013 12 -15 -87 $500.00 These four parcels are 01- 118 -21 -42 -0054 3,250 No Info. Avail. - - - -- - - - -- - - - -- the site of the existing 01- 118 -21 -43 -0004 3,750 Conveyance of #2788958 09 -16 -52 - - - -- Lift Station Forfeited Lands No. 2 01- 118 -21 -43 -0009 1,000 Warranty Deed #3946722 07 -29 -71 $550.00 01- 118 -21 -43 -0015 16,200 Warranty Deed #5083781 12 -12 -85 $4,818.00 01- 118 -21 -43 -0088 4,800 Quit Claim Deed #4254989 12 -14 -76 - - - -- EXHIBIT D o t iu „ 01- 11£3 -21 -42 -0013 (13) (12) \ �; -01- 118 -21 -42 -0054 Existing IN „, site of Lift ,, - -- `` JJT� - � - -- Q \ /[, ��0. a 2 .. t +i 01- 118 -21 -43 -0004 Station (�) `7 No. 2 -- j — � s/1 01 118 - 21 - 43 - 0009 (a) Proposed site (7) t , PARCEL A3- of new L.S. #2 - cf 1 Pro�ert - .. " ''- J! /9 A « ' ` U' ` PARCEL Temporary a Acqujrec -_ - ^_ Constructi n 100' by Hennepin Fo Easement 6 Parkk Distri t = e o (03) - (0i) sas m V3 Iro let 7 ` SIDS «� , (12) In 33 5/25 ,r 7 7D111 r --- �----- ' - -" " "" 01- 118 -21 -43 -0015 , Pmaf+ ' (City -owned property to be sr2/ (15) (14) '� transferred to Hennepin Parks District) 1 1 . 1 i ---------- L-------- • - - - --- -_ --- `1 1 1 1 1 1 ( \ S11 (le) mu MIS 1 (52S SI16 18- 21- 43 -008f3 (Ci -owned property 1 + a+ to e transferred to ----- �_I " " - t Henn pin Parks - -- �: _J ...... - -• -- _ - (n) Dist ct) (22) N•l,'w , r.a ms we la - - - -- 111 - -- ---- .. - - - - -. - - - -- -------- -- ------ - --------- iKA-------- , „N ,) b7 — 53 RD AVE. 1 N ; A 1 Gi III ,' 1 "R ' o 1 7 1 f . , 11 • T7 TI ,v •� . T . f 1 1 7 1 1 - 1 I 1 i j1 O - - I (U t` ( - T nn EXHIBI E 1. , ■ r : `�, MESA wv I • 4 � / l � f M / �� / � 11 �1 _ _ ^w'� ^°-`^-�' ^• ^C.; PRELIMINARY CONCEPT PLAN BROOKLYN CENTER, LIFT STA. #2 LANDSCAPING MINNESOTA � r» Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR TRANSFER OF PROPERTIES WHEREAS, the City Council has approved preliminary plans for the replacement of existing sewage lift station No. 2 with a new lift station to be constructed on lands now owned by the Hennepin Parks District; and WHEREAS, an agreement has been proposed which provides that: The Hennepin Parks District agrees: • to deliver title to the proposed lift station site, i.e. - "Parcel A" described as follows, to the City of Brooklyn Center. PARCEL A That part of Outlot A, WILLIAM N. SUPER ADDITION, according to the recorded plat thereof, which lies northerly of the following described line: commencing at the northwest corner of said outlot, thence southeasterly, along the west line of said outlot, assumed bearing of South 17 degrees 18 minutes 35 seconds East for a distance of 120 feet to the beginning of the line to be described; thence North 72 degrees 41 minutes 25 seconds East to the east line of said outlot, and said line there terminating. • and to deliver a temporary construction easement to "Parcel B", described as follows, to the City of Brooklyn Center. PARCEL B The southerly 30.00 feet of that part of Outlot A, WILLIAM N. SUPER ADDITION, according to the recorded plat thereof, which lies northerly of the following described line: commencing at the northwest corner of said outlot; thence southeasterly, along the west line of said outlot, assumed bearing of South 17 degrees 18 minutes 35 seconds East for a distance of 150 feet to the beginning of the line to be described; thence North 72 degrees 41 minutes 25 seconds East to the east line of said outlot, and said line there terminating. and the City of Brooklyn Center agrees: • to deliver title to PID No. 01- 118 -21 -43 -0015 to the Hennepin Parks District, • to deliver title to PID No. 01- 118 -21 -43 -0088 to the Hennepin Parks District, • to coordinate design of the lift station with the Hennepin Parks District, so as to assure its compatibility with their plans for the development of the North Mississippi Regional Park, and • to remove the existing lift station (located on PID Nos. 01- 118 -21 -42 -0013, 01- 118 -21 -42 -0054, 01- 118 -21 -43 -0004 and 01- 118 -21 -43 -0009) upon completion of the new station; and to redevelop that part of this site which is no longer needed in conjunction with the new station to park use, and to deliver title thereof to the Hennepin Parks District. AND WHEREAS, it is the opinion of this Council that this proposed agreement provides for the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed agreement as described above is hereby approved. The Mayor and City Manager are hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. 2. Upon execution of the agreement, the Mayor and City Manager are hereby authorized and directed to execute such documents as are necessary to complete the transfers of title to the properties as described above. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 2/11/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ««««««««««««««««««««««««««««««««««««««««««««««««««««« « « « « « « « « « « « « « « « « « « « « « « « « « « « « « «« ITEM DESCRIPTION: Proposed Special Legislation for Brooklyn Center's Housing Program DEPT. APPROVAL: 4� ssistant EDA Coordinator Sign ur - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ««««««««««««««««««««««««««««««««««««««««««««««««««««« « « « « « « « « « « « « « « « « « « « « « « « « « « « « « «« SUMMARY EXPLANATION: (supplemental sheets attached yes ) The two draft bills included with this memorandum provide for special legislation to authorize additional levies to meet the community development objectives of the City and, particularly, those needs specified in the City's Housing Implementation Plan, which has been adopted by the City Council. The bill relating to the Brooklyn Center HRA levy provides for the authority to increase the HRA levy by 0.01000 percent of taxable market value. Assuming a City total of one billion dollars ($1,000,000,000) in market value, the 0.01000 percent levy would generate approximately one hundred thousand dollars ($100,000) annually. The statutory references contained in the bill relating to the Brooklyn Center Housing and Redevelopment Authority providing for authority to increase levy are as follows: 1. Chapter 469.033, Subdivision 6 - This is the section of the state law governing housing and redevelopment authorities which provides for the statutory limit on HRA levies. The current statutory limit is 0.0144 percent of taxable market value. 2. Chapters 469.01 - 469.047 are the sections of state law governing HRA's and which set forth the purposes, operating requirements and limits of HRA's. 3. Minnesota Statutes, Sections 645.021, Subdivision 3 is the section of state law regulating interpretation of statutes which requires the City Clerk to file the City Council's approval of any special legislation. The bill relating to the City of Brooklyn Center and the Brooklyn Center Economic Development Authority permitting a tax levy outside levy limits provides for the authority to establish an EDA levy of 0.01813 percent of taxable market value. The 0.01813 percent figure is the statutory amount established for an EDA levy and, assuming a one billion dollar ($ 1,000,000,000) total city market value, would generate approximately $ 181,000 in annual revenue. Presently, cities have the authority to establish an EDA levy; but the EDA levy would fall under the general levy limits of the city. This special legislation would place the EDA levy outside the levy limits. The statutory references contained in the bill relating to the Brooklyn Center Housing and Redevelopment Authority providing for authority to increase levy are as follows: 1. Section 275.51 of the State Statutes regulates the levy limit base for Minnesota cities. 2. Section 275.56 of the State Statutes provides for levies for special purposes to be outside the levy limit regulations. A resolution recommending the two proposed bills and directing staff to pursue the special legislation with the state legislature is included for Council consideration. • 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOMMENDING SPECIAL LEGISLATION TO AUTHORIZE THE USE OF SPECIAL TAX LEVIES TO FUND NEIGHBORHOOD PRESERVATION AND HOUSING PROGRAMS IN THE CITY OF BROOKLYN CENTER WHEREAS, the Brooklyn Center City Council has adopted Resolution No. 90 -152 entitled, Resolution Accepting Recommendation of the Brooklyn Center Housing Commission and Adopting the Brooklyn Center Housing Implementation plan; and WHEREAS, the Brooklyn Center Housing Implementation Plan sets forth the neighborhood and housing needs of the City and recommendations for addressing those identified needs; and WHEREAS, it is acknowledged in the Brooklyn Center Housing Implementation Plan that state and federal funding for neighborhood housing programs is limited; and WHEREAS, the Brooklyn Center Housing Implementation Plan recommends special legislation be considered to provide essential funding to carry out neighborhood preservation and housing programs; and WHEREAS, the Brooklyn Center City Council believes funding of neighborhood preservation and housing programs is essential to maintain the vitality of neighborhoods in Brooklyn Center; and WHEREAS, the Brooklyn Center City Council believes the generation of revenue through Housing and Redevelopment Authority and Economic Development Authority tax levies is an appropriate means to fund local neighborhood preservation and housing programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The City Council of the City of Brooklyn Center acknowledges that each of the proposed special legislative bills attached to this Resolution as Exhibits A, B and C appropriately address the neighborhood preservation and housing needs of the City of Brooklyn Center as referenced in this resolution. 2. Staff is directed to work with the appropriate officials at the state legislature to determine i Resolution No. which of the proposed special legislative bills attached to this Resolution as Exhibits A, B and C will most appropriately meet the neighborhood preservation and housing needs of the City of Brooklyn Center. BE IT FURTHER RESOLVED that the City Clerk is directed to prepare sufficient certified copies of this Resolution and transmit them to the appropriate officials at the state legislature. Date Todd Paulson, Mayor ATTEST: Deputy 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. Exhibit A A Bill f ranA t o c Relating to the Brooklyn Center Housing and Redevelopment Authority Providing for authority to increase levy Section 1. Special Levy. In addition to the levy authorized by chapter 469.033 subdivision 6 the Brooklyn Center Housing and Redevelopment Authority may levy a property tax of up to 0.0100 percent of taxable market value. The amount of the levy shall be an amount approved by the governing body of the city. The proceeds of the levy must be used for purposes authorized by chapter 469.01 to 469.047. Section 2. Local Approval. This act is effective the day after approval by the governing body of the City of Brooklyn Center and its compliance with Minnesota Statutes Section 645.021 Subdivision 3. Exhibit B A bill for an Act relating o the City of Brooklyn Center and the 9 tY Y Brooklyn Center Economic Development Authority permitting a tax levy outisde leery limits. Section 1. City tax levy. The City of Brooklyn Center, at the request of the Economic Develooment Authority, may levy a tax in any year for the benefit of the Authority. Notwithstanding the provisions of section 275.51 and 275 56 the tax is not subject to lees limits. The tax must not be more than 0.01813 percent of taxable market value. The amount levied must be paid by the city treasurer to the treasurer of the authority, to be spent by the Authority. Section 2. Local Approval. This act is effective the day after approval by the governing body of the City of Brooklyn Center and its compliance with Minnesota Statutes Section 645.021 Subdivision 3. Exhibit C A Bill for an Act Relating to the Brooklyn Center Housing and Redevelopment Authority Providing for Authority to Increase Levy Section 1. Special Levy. In addition to the levy authorized by Chapter 469.033 Subdivision 6, the Brooklyn Center Housing and Redevelopment Authority may levy a property tax of up to 0.0300 percent of taxable market value. The amount of the levy shall be an amount approved by the governing body of the city. The proceeds of the levy must be used for purposes authorized by chapter 469.01 to 469.047. Section 2. Local Approval. This act is effective the day after approval by the governing body of the City of Brooklyn Center and its compliance with Minnesota Statutes, Section 645.021, Subdivision 3. Exhibit A A Bill for an Act Relating to the Brooklyn Center Housing and Redevelopment Authority Providing for authority to increase levy Section 1. Special Levy. In addition to the levy authorized by chapter 469.033 subdivision 6 the Brooklyn Center Housing and Redevelopment Authority may levy a property tax of up to 0.0100 percent of taxable market value. The amount of the levy shall be an amount approved by the governing body of the city. The proceeds of the levy must be used for purposes authorized by chapter 469.01 to 469.047. Section 2. Local Approval This act is effective the day after approval by the governing body of the City of Brooklyn Center and its compliance with Minnesota Statutes Section 645.021 Subdivision 3. Exhibit B A bill for an Act relating o the City of Brooklyn Center and the 9 tY Y Brooklyn Center Economic Development Authority permitting a tax levy outisde levy limits. Section 1. City tax levy. The City of Brooklyn Center, at the request of the Economic Development Authority, may levy a tax in any .year for the benefit of the Authority. Notwithstanding the provisions of section 275.51 and 275 56 the tax is not subject to levy limits. The tax must not be more than 0.01813 percent of taxable market value. The amount levied must be paid by the city treasurer to the treasurer of the authority, to be spent by the Authority. Section 2. Local Approval. This act is effective the day after approval by the governing body of the City of Brooklyn Center and its compliance with Minnesota Statutes Section 645.021 Subdivision 3. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 I:BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: Geralyn Barone FROM: Sue LaCrosse DATE: February 8, 1991 SUBJECT: Minnesota Government Data Practices Act Recently I received a request for a list of students who completed the Red Cross Babysitting clinic. The children taking this class are between the ages of 10 -12. I called Don Gemberling at the state and he told me we are obligated by law to release the information. The department has a concern, as would parents, about releasing names, addresses and telephone numbers of minors. We would appreciate your help in bringing this situation to the attention of our legislators. It is our hope this law could be amended to exclude the release of any information where minors are involved. CITY OF BROOKLYN CENTER Council Meeting Date Agenda Item Number !3 d REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Response to Municipal Aid Cutbacks by State of Minnesota ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached _) BACKGROUND: The State of Minnesota currently has a revenue shortfall and the Legislature has • recently made initial cuts in various state aid expenditures, one of which is local government aid to cities. Brooklyn Center's share of this initial round of reductions is approximately $ 146,000. There currently is debate as to the degree of future financial problems but it appears clear there is significant chances of further cuts in local government aid to cities by the State of Minnesota. The City Council adopted its 1991 budget in December of 1990 and froze certain portions of the budget in anticipation of these reductions. They also requested staff to prepare a draft of a mission statement and other documentation for the development of a Citizens Task Force to review Brooklyn Center's response to potential serious cutbacks in state aids. The original motion directing staff to prepare the documentation for the Task Force stated the Council would appoint the Task Force on February 11, 1991, and the recommendations were to be submitted back to the Council by April 1, 1991. Given the breadth of the job of this Task Force, especially for longer term recommendations, the timing of final report back to the Council by April 1, 1991, appears unrealistic. If the Citizens Task Force is to do a thorough job more time will be needed to allow them to organize, get coordinated with the consultant and staff. It would be my recommendation the Council ask the staff to come with recommended cost reduction strategies to meet the initial $146,000 in state aid cuts. Then assign the Citizens Task Force the responsibility to develop a longer term strategy for addressing cutbacks which we anticipate will be coming in the next year or two. have asked the city department heads to prepare a list of recommendations for consideration in meeting the initial round of reductions and I can have those for your review at your February 25, 1991, meeting. • have attached for your review and information a draft copy of the mission statement of the proposed Citizens Task Force. This draft contains the mission statement and an outline of general areas of evaluation. As directed by the Council I have talked to a number of consultants and discussed with them what their role in this type of a task force could be. As you might imagine their ideas cover a wide range of possibilities. The range and scope of the consultants' role directly impacts cost. The Council may wish to consider assigning the task force some kind of role in assisting and preparing a recommendation on the scope of the consultants responsibility. Two consultants I had an opportunity to sit down and talk to were representatives from McGladdery Pullen and Arthur Anderson. Both indicated they thought the City was on the right track in developing the Task Force and re- enforced the importance of defining the role of all the players in the process before major work is begun. They also believe strongly in involvement from four major areas, the first being citizen input; City Council; the consultant; and the employees. Both consultants indicated positive employee and citizen involvement would be critical to the success of the process. RECOMMENDATION: • It is my recommendation the Council adopt the following process: 1. Approve the draft mission statement of the Citizens Task Force or a modification thereof at the February 11, 1991, Council meeting. 2. Direct the City Manager to prepare a listing of budget modifications which would address the state mandated $146,000 reduction in local government aids and submit recommendations to the City Council for consideration at the February 25, 1991, meeting. 3. Direct the staff to draft a Request for Proposal for Consulting Services to the Citizens Task Force and City Council on budget reduction strategies. This draft is to be completed and presented to the City Council at its March 11, 1991, meeting. At that time the Council would have to make a decision on the extent of the involvement of the task force in defining the consultants role in the process. • D R A F T February 8, 1991 BROOKLYN CENTER BUDGET TASK FORCE MISSION STATEMENT Evaluate the cost effectiveness of City services, programs and functions in response to higher costs of service delivery, mandates, and a trend of decreasing intergovernmental revenues to cities. GOALS: 1. Make recommendations to improve cost effectiveness. 2. Make recommendations on priorities for cutting services should it become necessary. 3. Make recommendations on modifications, additions, and /or deletions of City revenue sources - short and long term. 4. Others INVOLVEMENT: Citizen - membership on the Task Force, assist in developing Consultant RFP - citizen input for the process Council - Appointment of the Task Force - appoint a Council liaison - review Task Force recommendation and approve action plan. Consultant - Facilitator and technical assistance Employees - Assist in identifying cost /service relationship and identify opportunities for savings. GENERAL EVALUATION AREAS: EXPENDITURES: 1. Identify Mandates Services and Service Levels. -Debt retirement, pensions, arbitration, labor contracts, etc. 2. Identify costs of various services and levels. 3. Council Policy Directives - Annual Planning Process, Humboldt /Camden Task Force 4. City Departments Responsible for Services Mandated by All Sources (including: City Charter, Metro Agencies, State Government, Federal Government, and other sources.) -law enforcement, legal services, fire protection, health, safety and Welfare, OSHA workmen's comp., unemployment comp., property valuation, election, etc. 5. City Services Considered 100% Discretionary Operations of City Government -Parks and Recreation, HRA, EDA, Engineering, Street Maintenance and Repair, General Administration. 6. Purchase Process . -joint purchasing, county, state, etc. 7. Bond Rating Impacts 8. Others OPTIONS TO ADDRESS EXPENDITURES: 1. Cuts in Expenditures - "across the board", service by service, elimination of services, combinations, etc. 2. Employee Retirement Incentive Programs 3. Delay in Purchase of Equipment or Implementation of Programs 4. Combine Services and Programs -intra -city, inter -city 5. Cost Benefit Statement for New Programs or Expansions 6. Cost Benefit Statement for New Developments or Redevelopment Projects 7. Other REVENUE: 1. City Nontax Source of Revenue - liquor stores, heritage center, golf course, public utilities, engineer department, community center 2. Special Taxing Authority - hotel /motel tax, special levies 3. Service or License Charges - license fees, service utility charges 4. Others OPTIONS TO ADDRESS REVENUES: 1. Local Government Aids 2. Levy Limits -allow flexibility to adjust for "real" inflation -allow flexibility to adjust for high priority service demands 3. Fiscal Note Process for State and Federal Government which Requires Financing Costs of Mandates 4. Increase or Develop New Service Charges 5. Fiscal Disparities 6. Use of Lottery Proceeds to Fund Programs Related to the Environment and Economic Development 7. Others CITY OF BROOKLYN CENTER Council Meeting Date /�� 91 Agenda Item Number lYeZ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Authorizing the Mayor and City Manager to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project DEPT. APPROVAL: Personnel Coordinator Sign ure - title IT MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments bellow /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • The City's 1991 budget has $5,000 allocated for mediation services (Unit 52 - Social Services). To date, the City has not yet entered into a 1991 contract with North Hennepin Mediation Project (NHMP) for provision of mediation services. Attached is a contract and resolution authorizing the City to do so. The contract is virtually identical to the terms of the 1990 contract. RECOMMENDED CITY COUNCIL ACTION: Pass a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project. 1 r 'yG Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT WHEREAS, the City of Brooklyn Center has allocated $5,000 in the 1991 budget, Unit 52, Object 4420 for mediation services; and WHEREAS, the City of Brooklyn Center and North Hennepin Mediation Project are desirous of renewing an agreement for the provision of services from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to North Hennepin Mediation Project. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and NORTH HENNEPIN MEDIATION PROJECT This Agreement is made the 11th day of February, 1991, between the City of Brooklyn Center, hereinafter referred to as the City, and the North Hennepin Mediation Project, hereinafter referred to as NHMP; In consideration of the covenants set forth herein, the City and NHMP agree as follows: Services Provided. NHMP, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without limitation, the following: a. Mediation services for citizens - City disputes resulting from conflicts in enforcement of City ordinances, rules, and regulations. b. Mediation services for resolving nonordinance related neighborhood disputes. C. Mediation services for resolving juvenile justice system disputes, as may be referred from Peacemaker Center, provided that the records and identity of the juvenile shall be provided to NHMP pursuant to Minn. Stat. 260.161. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the NHMP Board of Directors. Limitations and Report City or other a 1 P shall compete with the i r Soci p NHM 11 not c p y Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by NHMP. NHMP shall submit an annual report to the City outlining the services provided to the City during the preceding year. Liabilities. The City shall not exercise control of the process, means, or procedures used in providing services hereunder, shall provide no directive to, and shall not interfere with NHMP or its employees or volunteers in the performance of the services required by this contract. NHMP volunteers and employees shall not be considered employees of the City and shall be under the direct control of NHMP. NHMP agrees to indemnify the City and hold the City harmless from any liability, claim, demand or action of any kind, including legal expenses, arising out of NHMP activities, and NHMP shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. NHMP shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. Duration. The services provided by NHMP hereunder shall commence on the 1st day of January, 1991, and continue until December 31, 1991. It is understood between the parties that NHMP intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that NHMP continues to provide such services to the residents of the City of Brooklyn Center after expiration of this contract. Payment. The City agrees to pay the sum of Five Thousand ($5,000) Dollars for the services provided hereunder, for the term of the contract. The sum of $5,000 shall be the total obligation of the City under this contract and shall be payable to NHMP as follows: $2,500 on March 12, 1991, and $2,500 on July 23, 1991, in order to provide the services required hereunder. In the event that NHMP fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, NHMP shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. In the event the quality of services required by this contract is not acceptable to the City, this agreement may be terminated. Miscellaneous. In an effort to improve the quality of mediation services provided by this agreement, the City and NHMP agree to exchange information and ideas, maintain open communication, and respond to all disputes, misunderstandings, and recommendations. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the NHMP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. The City shall be a corporate member of the NHMP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Mayor City Manager NORTH HENNEPIN MEDIATION PROJECT President Corporate Secretary CITY OF BROOKLYN CENTER Council Meeting Date 2 -11 -91 Agenda Item Number �¢ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -B (1990 DISEASED TREE REMOVAL PROGRAM) ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAP DIREC R OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) • Work performed under City Contract 1990 -B is now complete and ready for final acceptance. The City Council accepted the proposal from Ceres Tree Service by Resolution 90 -72 on April 9, 1990. The final cost of this contract exceeded the encumbered amount by $5,705.50 due to an underestimation of the number of trees to be marked and removed (see attached memo). Council Action Required Adoption of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -B (1990 DISEASED TREE REMOVAL PROGRAM) WHEREAS, pursuant to written Contract 1990 -B signed with the City of Brooklyn Center, Minnesota, Ceres Tree Service, St. Paul, Minnesota has satisfactorily completed the following improvement in accordance with said contract: DISEASED TREE REMOVAL PROGRAM IMPROVEMENT PROJECT NO. 1990 -13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $99,300.00 $105,005.50 2. The value of work performed is greater than the original contract amount by $5,705.50 due to a general underestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $105,005.50 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN TELEPHONE: 5693300 MIN 55430 C ENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: G.G. Splinter FROM: Sy Knapp, Director of Public Works DATE: February 7, 1991 SUBJ: Tree Removal Contract 1990 -B The 1990 Diseased Tree Removal program is complete and ready for final acceptance. Through this program, 692 diseased or dead trees located within the City were marked for removal, 100 more than in 1989. We continued to see in 1990 the lingering effects of the drought of 1988 and 1989. Some trees survived the drought but were so weakened that they finally succumbed to disease or accumulated stress. The abundant rainfall that we experienced in 1990, too, can help spread disease. Dutch elm and oak wilt, as do many other tree diseases, result in fungal growth in the tree's vascular system. The progress of the fungus can be slowed by drought, then accelerated when precipitation returns to normal and the tree "drinks" again, spreading the fungus throughout the tree. The final amount of the tree removal contract is $5,705.50 more than the amount approved when the contract was awarded, due to the large increase in the number of trees removed. This increase was primarily in trees on private property. Respectfully submitted, Sy napp Director of Public Works Attachments ''� »ecuiarr ATTACHMENT 1 City of Brooklyn Center Diseased Tree Removal Program Summary: 1990 Boulevard Private Park Stumps Trees Trees Trees Only Total By Contractor 161 197 95 7 460 By State Crews 0 1 0 0 1 By County Crews 0 0 0 0 0 By Property Owner 15 216 0 0 231 TOTAL REMOVED N 1990 176 414 95 7 692 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 19861 1987 1988 1989 1990 TOTAL TREES MARKED 38 47 267 617 712 487 478 583 389 288 517 574 389 272 479 581 685 Boulevard Stumps Marked (No records kept) 102 6 3 1 18 27 16 15 12 17 8 6 7 and Removed Private Stumps Marked (No records kept) 68 19 13 14 11 2 4 18 0 1 0 5 0 and Removed TOTAL TREES /STUMPS MARKED & REMOVED 381 471 2671 6171 8821 5121 4941 5981 4181 3171 5371 6071 4011 2901 4871 5921 692 Number of Brush /Log Piles (No records kept) 128 44 58 47 41 45 25 39 21 5 8 7 9 Removed or Debarked i ! • ATTACHMENT 2 City of Brooklyn Center Diseased Tree Removal Program History 1200 ,wo TREE MO lF«. a..o..a A' cuwea REMOVALS 1 000 Height of Dutch Elm Disease ai F«.a.o,.a eyvwra� 800 600 i 400 200 0 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 YEAR CITY OF BROOKLYN CENTER Council Meeting Date i1 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 DEPT. APPROVAL: 1 4r� - SY KNAPP, ECTO F PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Evergreen Land Services has negotiated purchase agreements with the property owners at 3612 and 3800 69th Avenue North. These agreements are based on appraised values of: Tom & Mary Donka, 3612 69th Avenue - $74,000 and Russell Moore, 3800 69th Avenue - $73,000. These offers are acceptable to the property owners, and they have signed the agreements. The Domka's are building a new home; it is expected that their closing will be scheduled for April 30, 1991. The City Attorney is working with Evergreen and Public Works staff to review and finalize all details. Previous Council Action The Council on May 7, 1990 approved a resolution which provided for the negotiated purchase of real property for project 1990 -10. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. City Council Recommendation As all parties agree to the sale of the properties for their appraised value, a resolution is provided that approves and ratifies the purchase agreements. j CITY OF BROOKLYN CENTER Council Meeting Date 2/11/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION AD ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: r SY KNAPP, DIRECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Evergreen Land Services has negotiated purchase agreements with the property owners at 3612, 3700, and 3800 69th Avenue North. These agreements are based on appraised values of: Tom & Mary Donka, 3612 69th Avenue - $74,000, Bennie & Jean Patswald - $85,000, and Russell Moore, 3800 69th Avenue - $73,000. These offers are acceptable to the property owners, and they have signed the agreements. The Domka's are building a new home; it is expected that their closing will be scheduled for April 30, 1991. The Patswald's closing is scheduled for March 8, 1991. The City Attorney is working with Evergreen and Public Works staff to review and finalize all details. Previous Council Action The Council on May 7, 1990 approved a resolution which provided for the negotiated purchase of real property for project 1990 -10. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. City Council Recommendation As all parties agree to the sale of the properties for their appraised value, a resolution is provided that approves and ratifies the purchase agreements. V'. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City Council ordered the reconstruction of 69th Avenue between Noble Avenue North and Shingle Creek Parkway, Improvement No. 1990 -10; and WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City Council approved a right -of -way plan depicting properties to be acquired for the project; and WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owners of the property at 3612 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; and WHEREAS, the owners of the property at 3700 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; and WHEREAS, the owner of the property at 3800 69th Avenue has accepted the City Manager's offer of the appraised value, and has executed a purchase agreement to that effect; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreements are hereby approved. 2. The City Manager is directed to proceed with the purchase of the properties at 3612, 3700, and 3800 69th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreements. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City Council ordered the reconstruction of 69th Avenue between Noble Avenue North and Shingle Creek Parkway, Improvement No. 1990 -10; and WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City Council approved a right -of -way plan depicting properties to be acquired for the project; and WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owners of the property at 3612 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; and WHEREAS, the owner of the property at 3800 69th Avenue has accepted the City Manager's offer of the appraised value, and has executed a purchase agreement to that effect; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreements are hereby approved. 2. The City Manager is directed to proceed with the purchase of the properties at 3612 and 3800 69th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreements. Date Todd Paulson, Mayor ATTEST: Deputy 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. l CITY OF BROOKLYN CENTER Council Meeting Data z -ii -s, Agenda kern Number /��- ,�F REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolutions Appointing Commissioners to the Shingle Creek and West Mississippi Watershed Management Commissions ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ** * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) As part of a state mandated process the two watershed management districts servicing Brooklyn Center must publish the appointment process for commissioners. We had one public contact requesting consideration for appointment as a watershed commissioner, that was Kristen Mann a member of our Plannin g y Commission Curre the commissioner and alternate • commissioner are staff members Sy Knapp, Director of Public Works, and Mark Maloney, City Engineer. In the next few years most of the watershed district's work will relate to developing RFP's, choosing consultants and developing regulations of a rather technical nature as it relates to mandated federal and state storm water quality and management issues. I believe Brooklyn Center would be best served by staff engineers for the next two to three years in these positions. After these initial technical aspects of the watershed management districts pass then consideration for citizen appointments could well be warranted. RECOMMENDATION: We recommend your favorable consideration of the appointment of Sy Knapp as commissioner and Mark Maloney as alternate commissioner for each of the watershed districts. Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING COMMISSIONERS TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that is hereby appointed as Commissioner and is hereby appointed as Alternate Commissioner representing the City of Brooklyn Center on the Shingle Creek Watershed Commission for the term February, 1991 to February 1994. Date Todd Paulson, Mayor ATTEST: Deputy 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. APPLICATION FOR APPOINTMENT TO.THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION NAME: Sylvester P. Knapp HOME ADDRESS 7221 Riverdale Rd. Brooklyn Center 55430 Street City Zip BUSINESS: C i t y of Brook yn Center OCCUPATION: Di rector of Publ Works BUSINESS ADDRESS 6301 Shingle Creek Parkway Brooklyn Center 55430 Street City Zip HOME PHONE: 560 -0108 WORK PHONE 569 - 3331 YEARS LIVED IN BROOKLYN CENTER 11 I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the Shingle Creek Watershed Management Commission. Yes X No Comments I Participated in the original devel opment of this agreement. I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes x No Comments I have a near- perfect record of atte ndance since 1984 Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. As the Director of Public Works for the City of Brooklyn Center I am knowledg reaardincc ongoo-�a developments velopments within the City and have the ability to integr the Commission's Management plan and standards with new developments and redevelopment proJents, both i2ublic and private I have a special interest i as -mrinq that the "local plan" for surface wat drainage which must be rlevelo en d b y the City during the next 3 years will meet the following 3 goals: (1) full compliance with WMC State and Federal requirements; and (2) include a pro- active plan for environmental improvements; while (3) the plan is financially feasible I am a registered professional Engine with 34 years of experience in municipal public works administration. S GG� Date: Submit to: P tti Page, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (SCWMCAPP] APPLICATION FOR APPOINTMENT TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION NAME: Mark J. Malone HOME ADDRESS: 1633 Brenner Pass NE Fridley 55432 Street City Zip BUSINESS: City of Brooklvn Center OCCUPATION: City Engineer BUSINESS ADDRESS: 6301 Shingle Creek Pkwy. Brooklyn Center 55430 Street City Zip HOME PHONE: 572 -0303 WORK PHONE: 569 -3332 YEARS LIVED IN BROOKLYN CENTER None I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the Shingle Creek Watershed Management Commission. Yes — x No Comments: I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes x No Comments: When required, I have atten ( and participated in) Commission meetings Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. Having served 1 1/2 years as Citv Engineer, I believe that I'm "in touch" with local development and Watershed Commission Standards In the next few years, I plan to be deeply involved in Brooklyn Center's comprehensive surface water drainage plan or "local plan" I have a strong background in Public and private street and utility design, and my current responsibilities include agency agreements permits etc I have been a Registered Professional Engineer in Minnesota for 2 1/2 years and have attended numerous seminars and workshops which relate to the issues concerning storm water management Signature • Date: / Submit to: Patti age, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (SCWMCAPP] APPLICATION FOR APPOINTMENT TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION NAME • Kristen Mann HOME ADDRESS: E. Twin Lake Blvd., Brooklyn Center, MN 55429 Street City Zip BUSINESS• OCCUPATION• BUSINESS ADDRESS: Street City Zip HOME PHONE • 612- 535 -7646 WORK PHONE YEARS LIVED IN BROOKLYN CENTER 4 I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the Shingle Creek Watershed Management Commission. Yes X No Comments: I have a copy of the Shingle Creek Watershed Management Plan and understand the implementation process. I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes X No Comments: I have been receiving the agenda for 2_years Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. I regularly attend MN Lake Management Conferences sponsored by the DNR, Army __Corj2 of Engineers MN Pollution Control Agency, U of M Biological Research Tnst._ Freshwater Foundation etc which keep me informed on: current methods of water and wetland management new State and Fed rat R gulations Federal Grants ayaliblo t„ Watershed Districts and cities new metbods of improving-water qualit Organized, founded and chair Twin Lakes Association with the following objectives: educate lake users about their lake resource, promote good lake management, enhancement of wildlife habitat, imporove water quality. i also edit and publish the Association newsletter. Signature: `l"�iu Date: 97 Submit to: Patti Page, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (SCWMCAPP] Ne Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING COMMISSIONERS TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that is hereby appointed as Commissioner and is hereby appointed as Alternate Commissioner representing the City of Brooklyn Center on the West Mississippi Watershed Commission for the term February, 1991 to February 1994. Date Todd Paulson, Mayor ATTEST: Deputy 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. APPLICATION FOR APPOINTMENT TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION NAME: Sylvester P. Knapp HOME ADDRESS: 7221 Riverdale Rd. Brooklyn Center 55430 Street City Zip BUSINESS: City of Brooklyn Center OCCUPATION: Director of Public Works BUSINESS ADDRESS 6301 Shingle Creek Parkway Brooklyn Center 55430 Street City Zip HOME PHONE: 560 -01 WORK PHONE 569 - 3331 YEARS LIVED IN BROOKLYN CENTER 11 I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the West Mississippi Watershed Management Commission. Yes X No Comments I Participated in the origina de v e lopment of this agreement. I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes es_ No Comments I have a near - perfect record of att endance since 1984. Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. As the Director of Public Works for the City of Brooklyn ('Pnt r, T am kiQLLLed regarding ongoing developments within the i y and have the ahi1it3,7 to integra the Commission's Management plan and standards with npw (aPVPlnnmPntG and _redeyelonmen_ t �2roject�. both public and nrivatP T have a ape al in rest i assuring that the "Inc-a] nlan" for surface crater drainage which must b deyel np Pd by the ('i tv dnri n(r t}hP next � yParg Will mPPt the fni 1 nwi na "owls (l ) 6111 rmmpli wit, wm r c+ +- and Federal requi rements ; and _ 2 includ a pro- active plan for environmental improvements; while _ (3) the plan is financially feasible I am a registered professional Engine with 34 years of experience in municipal public works administration. Signature: L X'e Date: Submit to: Patti Page, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 [WMWMCAPP] APPLICATION FOR APPOINTMENT TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION NAME: Mark J. Maloney HOME ADDRESS: 1633 Brenner Pass NE Fridley 55432 Street City Zip BUSINESS: City of Brooklyn Center OCCUPATION: Engineer BUSINESS ADDRESS: 6301 Shingle Creek Pkwy. Brooklyn Center 55430 Street City Zip HOME PHONE: 572 -0303 WORK PHONE: 56 9 -3332 YEARS LIVED IN BROOKLYN CENTER None I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the West Mississippi Watershed Management Commission. Yes x No Comments I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes — X No Comments: When required, I have attended (and participated in) Commission meetings Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. Having served 1 -1/2 years as City Engineer, I believe that I'm "in touch" with local development and Watershed Commission Standards In the next few years, I plan to be deeply involved in Brooklyn Center's comprehensive surface water drainage plan or "local plan" I have a strong background in public and private street and utility design, and my current responsibilities include agency agreements permits etc I have been a Registered Profession Engineer in Minnesota for 2 1/2 years and have attended numerous seminars and workshops which rela o the issues concerning storm water management Signature: Date: Submit to: Patti Page, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 [WMWMCAPP] APPLICATION FOR APPOINTMENT TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION NAME• Kristen Mann HOME ADDRESS: 5415 E. Twin Lake Blvd., Brooklyn Center, MN 55429 Street City Zip BUSINESS: OCCUPATION• BUSINESS ADDRESS: Street City Zip HOME PHONE: 612- 535 -7646 WORK PHONE: YEARS LIVED IN BROOKLYN CENTER 4 I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the West Mississippi Watershed Management Commission. Yes X No Comments: I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes X No Comments: Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. I regularly attend MN Lake Management Conferences sponsored by the DNR, Army Corps of Engineers, MN Pollution Control Agency, U of M Biologica R Inst., Freshwater Foundation etc. which keep me informed on: current methods of water and wetland management _ new State and Federal regulations Federal Grants avalible to watershed districts and cities new methods of imnr gin wa quality Organized, founded an chair Twin LakesAssociation wig the following o sec es: educate lake users about their lake resource promote good lake management enhancement of wildlife habitat improve water quality Signature );'jJa Date: Submit to: Patti Page, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 [WMWMCAPP] l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 4 WHEEL DRIVE PICKUP BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) 4 wheel drive pickup are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) 4 wheel drive pickup in accordance with said specifications. Date Todd Paulson, Mayor ATTEST: Deputy 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 Request for Written Quotations for One (1) 1991 One (1) Ton 4 x 4 Pickup Truck Ford F -350, Chevrolet C -30, GMC C -35 or Dodge 250 Guarantee The Bidder shall guarantee that the vehicle bid meets the specifications as listed. Delivery Date The successful bidder shall schedule delivery to the City at the earliest possible date. Award Award of the contract by the City of Brooklyn Center will be based or., but not necessarily limited to the factors of price and delivery date. VEHICLE SPECIFICATIONS Chassis Complete rustproofing Trailer towing package Engine V -8 cylinder, 350 CID F.I. Equipped with disposal oil and air filters Transmission Three speed automatic with oil cooler Brakes Power Steering Power Cab Cab shall include: 8' style side box Vinyl bench seat Dual swing away exterior mirrors Dual sunvisors High output heater and defroster Windshield wipers 2 speed, electric intermittent Dash mounted radio with clock All glass tinted Interior mirror Electrical Alternator - 90 amp minimum Gauges - ammeter, oil pressure & water temperature Battery - one heavy duty, 71 amp minimum Wheels & LT235/85R x 16 - 6 ply tires Tires All season tread Bumper Painted front and rear Color Chrome yellow Manuals Service and repair manuals shall be included Written quotations must be received no later than Quotes should be sent to: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attn: Dick Ploumen For additional information you may call Dick Ploumen at 569 -3418. CITY OF BROOKLYN CENTER Request for Written Quotation for One (1) 8' Snow Plow to be Mounted on Power Angle Electric- Hydraulic Power Unit Plow Lights with Signal Lights Heavy Duty Frame Installed Written quotations must be received no later than Quotes should be sent to: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attn: Dick Ploumen For additional information you may call Dick Ploumen at 569 -3418. t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) MAINTENANCE TRACTOR BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) maintenance tractor are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) maintenance tractor in accordance with said specifications. Date Todd Paulson, Mayor ATTEST: Deputy 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. REQUEST FOR WRITTEN QUOTATIONS FOR HEAVY DUTY INDUSTRIAL TRACTOR FOR THE CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 BID DATE I BIDDING REQUIREMENTS HEAVY DUTY INDUSTRIAL TRACTOR General All bids must be received at the office of the Deputy Clerk on or before , and shall be submitted on the enclosed proposal form, in a sealed envelope plainly marked "Bid for H.D. Tractor." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The tractor proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material or equipment desired. The tractor the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the cab /chassis the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all costs in connection with such suit and save the City harmless in all such actions. Guarantee The bidder shall furnish a manufacturer's standard new tractor warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material and labor shall be replaced free of cost to the City of Brooklyn Center. Delivery Date The successful bidder shall schedule delivery to the City at the earliest possible date. Award of Contract Award of the contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and service; as well as analysis and comparison of specifications and performance. Objections to Specifications Any objections to the specifications must be submitted to the Deputy Clerk in writing five (5) days prior to the opening of the bids. Trade -In The City of Brooklyn Center shall trade -in the following described vehicle: One (1) 1964 International T504 Gas Tractor This machine can be seen by appointment at 6844 Shingle Creek Parkway, Brooklyn Center, Minnesota by calling Dick Schwab at 569 -3420. Transfer of this trade -in unit to the bidder will be made only after delivery of the new unit by the bidder and acceptance thereof by the City. II SPECIFICATIONS HEAVY DUTY INDUSTRIAL TRACTOR Engine: Three (3) cylinder diesel engine with 45 net flywheel horsepower minimum at 2200 RPM; minimum of 175 cubic inch displacement; water cooled with antifreeze installed to minus 30 degrees F; cold start aid. Electrical 12 volt system with heavy duty battery and 55 amp heavy duty System: alternator; key starter switch with transmission safety lock Steering: Hydrostatic power steering with engine mounted gear type hydraulic pump Transmission: Collar shift with reverser 8 forward and 4 reverse with independent PTO with shuttle shift Chassis: Self - energizing wet disc brakes operated either individually or simultaneously; front axle shall be straight and will be adjustable and front grill guard Tires: 11L x 15 F3 10 ply front tires and 16.9 x 24 R3 6 ply turf rear tires; rear tires to be filled with fluid Hydraulics: Three point hitch with 8.5 GPM pumps; two lever hydraulic control; one lever position and one lever draft control; manual hydraulic oil flow control and swinging draw bar; two remote control valves with a float position to operate extra 2 -way hydraulic cylinders; one valve is to be piped to common manifold at the rear of tractor and one to be piped to the right side of tractor forward of the cab with Pioneer 1/2 NPT Quick Couplers with breakaways Other: Foot accelerator, differential lock, fuel gauge, tachometer, oil pressure warning light, alternator warning light, temperature gauge, tool box, 2 headlights, tail light, instrument panel lights, and one deluxe seat with seatbelts, turn signals, air cleaner restriction indicator, 18 gal. fuel tank minimum Rops: OSHA approved roll bar protection with canopy Warranty: Standard full warranty for 1 year; optional extended full warranty for two years for a total of 3 years Manuals: Two (2) copies of service and parts manuals III PROPOSAL HEAVY DUTY INDUSTRIAL TRACTOR Honorable City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: We propose to furnish and deliver one (1) Heavy Duty Tractor according to the specifications at the following bid price: Bid Price Less Trade -In Total Delivery Date (calendar days) Signed Firm Name Address City ZIP Telephone Date Bid Opening: ly,q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 33, 000 GVW CAB /CHASSIS, BOX AND HYDRAULICS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) 33,000 GVW Cab /Chassis, box and hydraulics are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) 33,000 GVW Cab /Chassis, box and hydraulics in accordance with said specifications. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: G.G. Splinter City Manager FROM: Dick Ploumen Public Works Superintendent DATE: February 5, 1991 SUBJ: 33,000 GVW Cab & Chassis The 1991 budget has money for a 33,000 GVW cab and chassis. In past years we have bought F -800 Ford chassis with a 400 cubic inch engine. This engine was combined with a front mount power take off assembly for hydraulic power. In 1991 Ford will not have this combination available. What Ford will produce is the same powertake system but only with a diesel engine. The cost of a diesel versus a gas engine is about $3,000 in original cost. The price of diesel fuel and regular gasoline is about the same per gallon. Where the savings will be noticed will be in MPG. Diesel engines should get somewhere between 50% to 75% more MPG, i.e., a gas engine gets about 4 MPG when plowing snow; the diesel should get about 6 -7 MPG. Thus showing a payback for the extra cost. There is another reason for switching to diesel engines, that dealing with the new guidelines for vehicle inspections. The law now is dealing with the nuts and bolts items like steering, brakes and mechanical items. The next phase of the new laws will deal with emission controls. Diesel engines emit less into the atmosphere than do gas engines. I think it is time to think about changing to diesel engines on all of the trucks when they are due for replacement in the future. CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) 33,000 GVW CAB /CHASSIS 1. GENERAL All bids must be received at the office of the Deputy Clerk on or before P y 11:00 a.m., , and shall be submitted on the enclosed proposal form, in a sealed envelope plainly marked "Bid for 33,000 GVW Cab /Chassis ". It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The cab /chassis proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material or equipment desired. The cab /chassis the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the cab /chassis the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all costs in connection with such suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new truck warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and service; as well as analysis and comparison of specifications and performance. S. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the Deputy Clerk in writing five (S) days prior to the opening of the bids. VEHICLE SPECIFICATIONS GVW 33,000 pound minimum Wheel Base 144 inch wheel base 72 inch cab to axle dimension Frame Section modules including reinforcements shall be not less than 15.9 with a rbm of not less than 915,000 inch pounds. Provide extended integral front frame, with an additional crossmember. Furnish front PTO adapter Engine Diesel powered, 185 HP minimum at 2400 rpm, equipped with full flow oil filter, fuel filter, air cleaner and governor Axles Front - 10,000 pound capacity minimum Rear - 21,000 pound capacity minimum Rear End Ratio - 4 :56 Transmission Allison Automatic MT 653 or equal with 3rd range hold, auxiliary cooler with external filter Brakes Service - hydraulic, split system, 1000 cubic inch vacuum reservoir Parking - Hydro -max brake system - dash mounted Steering Power assist Fuel Tank 50 gallon capacity minimum Step tank mounted on passenger side of truck Cab Standard cab shall include: Bostrom T -Bar 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 intermittent Dash mounted radio with clock All glass tinted Electrical Alternator - 90 amp minimum Gauges - ammeter, oil, water temperature & tachometer Battery - one (1) maintenance free, 535ccA at 0 degrees F VEHICLE SPECIFICATIONS - CONTINUED Wheels & Tires Cast spoke design wheels, 2 piece rims = 8.25" minimum First line tube type tires 11R22.5, 14 ply radial 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 Chrome Yellow Manuals Parts & Service Manual to be provided PROPOSAL ONE (1) 33,000 GVW TRUCK CAB /CHASSIS Honorable City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: We propose to furnish and deliver one (1) 33,000 GVW Truck Cab /Chassis according to the specifications at the following bid price: Bid Price Delivery Date (calendar days) Signed Firm Name Address City ZIP Telephone Date Bid Opening: 11 :00 a.m. CITY OF BROOKLYN CENTER Request for [written Quotations for One (1) Box and Hydraulics Dump Body: The box shall be 87 inches wide by 9 feet long with a water level capacity of 5 cubic yards with 6 yard ends. The box shall have 12 gauge hi- tensile steel sides with 10 gauge hi- tensile steel floor with radius corners. Every crossmember shall be welded to the rubrail and support the floor every 12 inches. Rubrails and one piece full depth rear corner post. A fully boxed in top rail with front corner post. All welds to be continuous. Corner posts shall be adapted for added side boards. Drain holes under each side brace and corner post, 1/2 inch diameter minimum drilled or stamped. 25 inch minimum cab shield. Rear brake and tail lights shall be mounted on the outside of corner post. Rear of dump body shall be reinforced with a full width rear apron welded to long beams and rear corner pillars. Crossmember to be totally interlaced and box to be completely rustproofed. Endgate: The endgate shall have at least two horizontal braces, be self - cleaning with continuous welds from side to side, with spreader chain welded to endgate and dog -leg slotted keepers both top and bottom. Tailgate to be double acting. Hinge shall be flame -cut from 1 inch stock. 1 1/4 inch minimum top pins and 1 1/4 inch minimum bottom pins supported by two 3/8 inch saddles on each side. Hoist: Shall be class 50 double acting power up and power down with safety prop. Hydraulic Pump: Commercial P50 with 2 inch gear sections. Pump intake 1 112 to 2 inch. Pump discharge to be 1/ 1/4 inch. Hose from supply tank to pump to be 2 inches. Gale valve installed at tank and mounted away from exhaust system. Hose from pump to valve section to be 1 1/4 inch. Hydraulic connections from pump shall be made with JIG 37 degrees flare or 0 -ring boss permanent fittings to prevent leakage. Hydraulic Control Valve: Shall be mounted outside and behind vehicle cab between frame rails. Hydraulic valve shall be of sectional type Gresen model P25 with 1 inch inlet 1 1/4 inch outlet. Valve bank shall have 4 functions, box lift, plow lift, underbody lift and sander supply. Hydraulic hose to be U.S. made SAE rated. Valve Controls: Shall be Morse Remote Valve Control system with sealed cables. Must be bonnet-type connections at valve bank as to seal hydraulic valve spool ends. Valve controls shall be mounted to the right of and convenient to drive and in order from left to right, box lift, plow lift, under body lift and sander control. Box lift shall return to center, plow lift detent forward, underbody return to center, sander supply detented to supply working port. Mid -inlet return to supply valve sections downstream. Mid -inlet return to be supplied with one way check valve. Filter: Tank mounted collecting all returned oil to the tank, the filter to be rated to the capacity of the pump and have a mean filtering micron rating of 33 micrometer. Oil Reservoir: Shall be a baffled tank with a capacity of 25 gallons. Tank must have a magnetic drain plug. A removable wire mesh suction strainer and air tight fill cap must be incorporated into reservoir tank shall be filled with ATF reservoir to be mounted 23 inches back from cab on right side of truck. Driveline: Chelsa front engine mount PTO. Paint: To match truck. Miscellaneous: Mechanical backup alarm on rear wheel. Written quotations must be received no later than Quotes should be sent to: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 For additional information you may call Dick Ploumen at 569 -3418. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) 3/4 TON PICKUP TRUCKS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of two (2) 3/4 ton pickup trucks are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of two (2) 3/4 ton pickup trucks in accordance with said specifications. Date Todd Paulson, Mayor ATTEST: Deputy 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 Request for Written Quotations for Two (2) 1991 3/4 Ton Cab Pickup Trucks Ford F -250, Chevrolet C -20, GMC C -25 or Dodge 200 Guarantee The Bidder shall guarantee that the vehicle bid meets the specifications as listed. Delivery Date The successful bidder shall schedule delivery to the City at the earliest possible date. Award Award of the contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price and delivery date. VEHICLE SPECIFICATIONS Chassis Complete rustproofing Trailer towing package Engine V -8 cylinder, 350 CID F.I. Equipped with disposal oil and air filters Transmission Three speed automatic with oil cooler Brakes Power Steering Power Cab Cab shall include: Vinyl bench seat 8' style side box Dual swing away exterior mirrors Dual sunvisors High output heater and defroster Windshield wipers 2 speed, electric intermittent Dash mounted radio with clock All glass tinted Interior mirror Electrical Alternator - 90 amp minimum Gauges - ammeter, oil pressure & water temperature Battery - one heavy duty, 71 amp minimum Wheels & Tires LT235/85R x 16 - 6 ply tires All season tread Bumper Painted front and rear Color Chrome yellow Manuals Service and repair manuals shall be included Written quotations must be received no later than Quotes should be sent to: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attn: Dick Ploumen For additional information you may call Dick Ploumen at 569 -3418. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) MOBILE CONCESSION STAND BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) mobile concession stand are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) mobile concession stand in accordance with said specifications. Date Todd Paulson, Mayor ATTEST: Deputy 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. CALL FOR BIDS FOR ONE (1) CONCESSION TRAILER Sealed proposals endorsed with the title of the equipment and the bidder's name will be received at the office of the City Clerk of the City of Brooklyn Center, Hennepin County, Minnesota up to 11:00 a.m. on Tuesday, March 5, 1991, at which time bids will be opened and read. The equipment to be furnished consists of the following as called for in the specifications: One (1) Concession Trailer Proposed forms of contract documents, including the forms and specifications therefore, are on file in the office of the City Clerk of the City of Brooklyn Center, Minnesota where they may be examined. Specifications and proposal blanks may be had for the contractor's individual use by applying to the City Clerk. No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids without the consent of the City. Bids must be made on the basis of cash payment for the equipment. No bids will be considered unless sealed and filed with the City Clerk prior to the closing time for receiving bids. The City Council reserves the right to waive any informalities in any bids received and reject without explanation any or all bids received. Mailed bids should be addressed to: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 By order to the City Council P.A. Page Deputy Clerk Date: February 4, 1991 (Published in the Brooklyn Center Post February 20, 1991) CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) CONCESSION TRAILER 1. GENERAL All bids must be received at the office of the City Clerk on or before 11 a.m., March 5, 1991, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for Concession Trailer." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The concession trailer proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service, and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mention in this proposal are descriptive, but not restrictive, and used only to indicate type and standard of material or equipment desired. The concession trailer the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the trailer the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits g P g its against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new trailer warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and service, as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of bids. 6. PROOF OF WORRERIS COMPENSATION Each bid shall be accompanied by proof that the bidder has Worker's Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. The vehicle and/or equipment called for herein shall be a new concession trailer currently advertised, 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 Minnesota Department of Labor and Industry, Division of Accident Prevention, and U.S. Department of Labor, Occupational Safety and Health Administration. INSIDE AREA - 7' wide by 16' long. AXLES - Heavy -duty commercial quality, two 3,500 lb capacity. SUSPENSION - Tandem 3 -leaf springs. WHEELS - 15" by 5.5" one -piece 5 hole with 4 -1/2 bolt center. TIRES - 15" whitewalls. BRAKES - electric drum type on all wheels 12 volt, 10 by 2 -1/4 with breakaway switch wired in. FRONT JACK - 2,000 lb sidewind type recessed in front bumper, with sand flange. REAR JACKS - Two fold -up stabilizing jacks mounted to frame under floor. COUNTERTOP - 12" wide stainless steel across both sides and rear of trailer. COUNTER HEIGHT - 34" inside, 47" outside. OVERHEAD SHELF - 10" wide located above both side serving windows, 32' total length. INSIDE HEIGHT - 83" OUT SIDE HEIGHT - 95 ". OVERALL WIDTH - 7 feet, 6 inches. LIGHTS /BRAKES RECEPTACLE - 6 -way 12 volt. G.V.W.R. - 5,000 lbs. SCALE WEIGHT - 3,9050 lbs. TONGUE WEIGHT - Maximum 720 lbs. PAYLOAD CAPACITY - Max. 1,050 lbs. HITCH HEIGHT - Approximately 18.5" to top of ball (varies with amount of load). FRAME - Heavy -duty all welded steel. BODY CONSTRUCTION - Welded 14 gauge formed steel with integral counters. ROOF - Welded 14 gauge formed steel, crossbroke, reinforced and silicone sealed with mansard style and awnings to shed Is water. SERVING WINDOWS - Four 38" by 90" sides. One 38" by 76" rear. All window awnings 16 gauge steel with outward crossbreak. WINDOW SUPPORTS - 3/4" steel rod with rubber tips to protect finish. ENTRANCE DOOR - One 24" by 70" with outward crossbreak and chrome "T" handle with lock and key. FLOOR - 1/8" steel safety treadplate with drop construction for low 13" inside floor height. HITCH - Forged steel 2 ball coupler with positive lock collar & pin. TONGUE - 3 square tube steel. LIGHTS - Sealed beam type, wiring run through frame for protection, meet DOT /ICC requirements. PAINT - Two coats of white enamel over rust - inhibitive zinc chromate primer. TRIM - Chrome hub caps with chrome wheel well edge guard. INSIDE LIGHTING - One 10 volt fluorescent fixture with two dual pin 40 watt, 48" fluorescent bulbs mounted above entrance door and controlled by wall- mounted switch. One rear fluorescent light fixture 4 feet with two (2) 40 watt lamps mounted at rear of trailer above serving window, facing frontward and controlled from wall- mounted light switch. One ceiling /counter lamp fixture 8 feet with two (2) 75 watt bulbs mounted on ceiling and controlled from wall- mounted light switch. (May also be mounted under overhead shelves to illuminate directly the serving counter). INSIDE ELECTRICAL - Four three -prong 110 volt duplex receptacles connected via 15 amp male motor base plug mounted on outside, with 15 amp service box and breaker, all components UL listed and installed in accordance with the National Electrical Code. Outdoor G.F.I. Duplex Receptacle 15 amp, 110 volt with ground fault interrupter feature and weatherproof coverplate mounted on outside wall of trailer. CLEANUP - All metal construction plus two drain holes in rear of trailer. ELECTRICAL SERVICE SYSTEM - 50 amp, 110 volt, 2 -pole, 3 -wire, "twistlock" weatherproof, corrosion - resistant male power inlet. Matching "twistlock" female connector for user connection to power cord. (power cord NOT SUPPLIED). Breaker box with one (1) 20 amp service breaker and one (1) 30 amp service breaker. Six (6) 15 amp, 110 volt duplex receptacles, one mounted on driver's side and one mounted on passenger'sside of entrance doorwall, two mounted on driver's side wall and two mounted on passenger's side wall. 48 inch fluorescent light fixture with two (2) 40 watt lamps mounted above entrance door and facing rearward. Additional 48 inch fluorescent light fixture with two (2) 40 watt lamps mounted above rear serving window and facing frontward. 15 amp, 110 volt wall switch for fluorescent lighting. ADAPTER 50 AMP TO 15 AMP - Pigtail unit adapts 50 amp "twistlock" power inlet to standard 15 amp straight -blade connector for use with a heavy -duty extension cordinlocations where a 15 amp protected source is all that is readily available. Unit to come complete with cover and sealing colar. G.F.I. BREAKER - Two ground fault interrupter breaker in place of standard breaker. It offers maximum protection against electrical shock, particularly where receptacles are located near water. HOT AND COLD WATER SERVICE - Two (2) stainless steel sinks, each 14 inches by 10 inches by 5 -1/4 inches deep, with one (1) swivel mixing faucet. One (1) stainless steel sink (lavatory) 14 inches hby 10 inches by 5 -1/4 inches deep with one (1) mising faucet. One (1) city pressure water entry connection (3/4" female garden hose inlet). One (1) drain system with one (1) P -trap, one (1) vent check and one (1) 1 -1/2 inch sliding dump valve. One (1) LP -Gas 6.2 gallon hot water heater (8,800 BTU). LP GAS SYSTEM - Two (2) 20 pound LPG bottles with rack, UL listed flexible pigtails. 2 -stage regulator, tee -check valve for twin active /reserve cylinder operation, inside shut -off valve and is capped at bulkhead on inside of trailer. For final connection to appliances. HOTPLATE - Two- Burner Heavy Duty Counter Gas Hotplate. Burners are to be heavy -duty, high- speed, 10,000 BTU each (20.000 BTU total) Hotplate to be constructed of stainless steel and have two (2) removable one -piece cast iron grates. Cooking surface approximately 20 inches by 12 inches. STEAM A ROO HOT DOG MACHINE - Combination hot dog and bun steamer with capacity for 170 hot dogs and 48 buns. STOVE HOOD VENTILATION SYSTEMS - Light duty residential style stove hood ventilation system. Enamel finish hood with light measures 21 inches deep (26 inches including package rack) by 42 inches wide, to be mounted above cooking appliances. FIRE EXTINGUISHER - Hand held dry chemical fire extinguisher. (installed). NSF REFRIGERATOR - Commercial refrigerator has 6.0 cubic feet capacity. Unit features stainless steel front, top and sides, two (2) adjustable and removable shelves, thermometer, 1/8 horsepower compressor. (installed) NSF UPRIGHT FREEZER - Commercial freezer has 6.0 fee capacity. Unit features stainless steel door, top and sides, two (2) shelves, thermometer, 1/5 horsepower compressor. Stainless steel stacking kit. (installed) FRAME ONLY - DROP IN DISPENSER - Welded steel frame with support legs for drop -in instllation of standard dispenser 23" by 23 ". Includes a counter raiser when used over wheel wells to allow for beverage line clearance. SCREENS AND WINDOWS - Sliding screens assembly - screens in all serving areas with double -track aluminum mesh screens. Provides at least 3 sliding serving windows per each side opening and at least 2 sliding serving windows in rear. screens are seasily removable when use is not required. SCREEN DOOR WITH RICRPLATE CASH DRAWER - Undercounter steel cash drawer, stainless steel front, spring bolt lock, 5 coin tills and 2 currency compartments with hinged bill weights. Drawer should measure 17 inches wide, 10 inches deep, 4 inches high and mounted under counter top. ROOF VENTS /SKY LIGHTS - Extra large roof vent /sky light. Exit vent to have steel frame with white plastic cove and removable screen. Unit to measure 26 inches by 26 inches, installed in middle of roof. GAS AWNING LIFT ASSIST. - Gas charged cylinder attached to fold out awning to provide assistance in lifting open to working height. SAFETY CHAINS - 5/16 or 3/8 inch chain affixed to the trailer body and to come with grab hooks on each end. Total length is approximately 12 feet. DELIVERY - Cost of delivery to customer. TOP VIEW: MODEL CFA 6 76 , Li f N HEIGHT Inside 6'10" Outside 8' LENGTH - Inside 16' Outside 20'11 CD WIDTH - Inside 7' Outside 716" WEIGHT Approximately 3950 lbs. N 77 72 co 43 7. s - M o 30•• 24 30 76" i CO N 84 c* c� FRONT VIEW ALL MODELS REAR VIEW ' qLL MODELS ,�NJ,II �a , I ;`��� M 7• ., wNtugf�X ' f" I M 1 o�y. /,llll 1 `l i �• , �'���. ,,.... /,,� / /. ,. l. .1 ...�i .l . / ilk � /.� / l Vw r IC,�', � ��l � � r�� � �la � l�•� C��i � l � l l � � � I /�r l l �� I l l ��� ��1/� • l � 11 l��lillf��i �1����1����1���1G�l MOREL CF 16 N K Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 1500 GPM PUMPER AND 50 FT. ELEVATED WATERWAY BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of one (1) 1500 GPM Pumper and 50 ft. Elevated Waterway are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of one (1) 1500 GPM Pumper and 50 ft. Elevated Waterway. Date Todd Paulson, Mayor ATTEST: Deputy 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 NOTICE FOR BIDS Sealed bids for furnishing F.O.B. City of Brooklyn Center, Minnesota, One triple combination pumper fire truck with 1500 gallon per minute pump, with a 5o ft. telescoping aerial device and all other appurtenances in accordance with the specifications. The Trade -in is a 1971 American LaFrance 1500 GPM pumper and a 6N71 Detroit Diesel engine and automatic transmission. This apparatus can be seen by contacting the Fire Chief at 569 -3360. The City reserves the right to sell this truck up until the new apparatus is delivered to the city. Your bid price must show total cost of the new apparatus less the amount allowed for the trade -in of the 1971 American Lafrance. Plans and specifications are on file with the City Clerk of the City of Brooklyn Center, County of Hennepin, State of Minnesota, will be received at the Council Chambers until 11:00 o'clock A.M. on the 11th day of March 1991, at which time and place bids will be opened and considered. Bids must be accompanied by a Certified Check, Bidders Bond, or Cash in an amount at least equal to 5% of the amount bid and made payable in favor of the City of Brooklyn Center, Minnesota, as liquidated damages in the event the bidder fails to enter into or complete the Contract for equipment accepted. The outside of the sealed envelope must be properly marked "BID ON FIRE EQUIPMENT." Bids to be on the basis of cash upon the final delivery and acceptance in accordance with the specifications for this equipment. No bid may be withdrawn for a period of thirty (30) days after the bid closing date without the consent of the City Council. The City Council reserves the right to reject any and all bids and to accept the bid it feels is in the best interest of the Community. Bidders must supply to the City a Certificate of Insurance which must show proof of workman compensation coverage. By order of the City Council. Deputy City Clerk ' 1 CITY OF BROOKLYN CENTER Bidders are required to provide the following information by completing this from and returning it along with the sealed bid: NOTE: FAILURE TO COMPLETE AND RETURN THIS FOR2M IN ITS ENTIRETY WILL BE GROUNDS FOR REJECTION OF BID. Name of Apparatus Manufacturer Factory Location Delivery schedule after receipt of order Is a complete stock of repair parts available Engine Model No of cylinders Gross Brake H.P. RPM Gross Torque @ RPM Governed RPM Alternator make and Capacity Transmission make Model Torque Cap Wheelbase Width of cab inside Turning Radius Tire Size front rear Front axle make Capacity Wheel /Rim size and type Rear Axle make Capacity Rear Spring Capacity Gear ratio Are multi -leaf auxiliary rear springs provided Frame X X Tensile Strength Frame: RBM in. lbs. Section Modulas Pump Make Model Rating Max Capacity S type Cam Brakes front and rear provided as specified Heater Capacity Front Rear Are all Pump Gauges and Controls in line with each other 2 t SPECIFICATIONS FOR FIRE APPARATUS FOR CITY OF BROOKLYN CENTER INFORMATION FOR CONTRACTORS Sealed proposals are desired from reputable makers of Fire Apparatus in accordance with these specifications and with the advertisement, a copy of which is attached, for the piece of apparatus listed as follows: One 1500 GPM Class A Pumper, triple combination, with a rear mounted 50ft waterway with a ladder, Custom Cab and all other appurtenances in accordance with the following. GENERAL REQUIREMENTS: Each bid must be accompanied by bidders accurate written specifications covering the apparatus and equipment which it is proposing to furnish and to which the apparatus furnished under the Contract must conform. It is the intent of the specifications to cover the furnishing and delivering to the purchaser, complete apparatus equipped as specified. Minor details of construction and materials where not otherwise specified are left to the discretion of the Contractor who shall be solely responsible for the design and construction of all features. Such details and other construction not specifically covered herein of not a variance with these specifications should conform with specifications as outlined in NFPA 1500 and 1901 the 1991 revised edition. The apparatus being furnished under this specifications shall conform to all of the requirements of Chapter 1,2,4,6,10, & it Provisions applying to all types of apparatus or as specified herewith. Any test equipment required of expense incurred for the ULI test shall be borne by the Contractor supplying this equipment. INTENT OF SPECIFICATIONS: These specifications are intended to describe the type, size and quality of apparatus desired. Bids will be considered on equipment complying substantially with the specifications, provided that each deviation is stated and the substitution described, including technical data when applicable, in a letter attached to the bid. The City shall make the determination of substantial compliance. Where the words "equal" or "approved equal" are used in these specifications, the equipment to be substituted shall require approval in writing prior to submitting bids. RELIABILITY OF CONTRACTOR: Contractor shall furnish satisfactory evidence that he has the ability to construct the apparatus specified, and shall state the location of the factory where the apparatus is to be built and where any future service work will be preformed. All bidders shall indicate in their proposal, cities 3 r 4 where similar apparatus has been furnished and in service for minimum of 5 years. WARRANTY: As a condition of the acceptance of the apparatus, the contractor shall furnish the following warranty: This is to certify that we the Company, Address warrant each new apparatus manufactured or assembled by us, to be free from defects in material and workmanship under normal use and service, our obligation under this warranty being limited to making good at our factory any part of parts thereof, including all equipment or trade accessories (except tires) supplied by us which shall within one ear after making deliver of such Y g Y vehicle to the original purchaser, be returned to us with transportation charges prepaid and which on examination by the manufacturer shall disclose to his satisfaction to have been thus defective. This warranty being expressly in lieu of all other warranties expressed of implied and of all other obligations of liabilities on our part and we neither assume nor authorize any other person to assume for us any liability in connection with the sale of our apparatus. CARRYING CAPACITY: The fully laden weight of the completed vehicle, including the filled water tank, full complement of hose and equipment, and equivalent personnel loading of 1,200 pounds, shall not exceed the published rating for the axle nor exceed the axle loads permitted under applicable laws. FAILURE TO MEET TEST: In the event the apparatus fails to meet the test requirements on first trials, a second trial may be made at the option of the Contractor within thirty days of the date of the first trials. Such trials shall be final and conclusive and failure to comply with these requirements shall be cause for rejection. Failure to make such changes as the Chief of the Department and /or the purchaser may consider necessary to conform to any clause of the specifications within thirty days after notice is given to the Contractor to make such changes shall also be cause for rejections of the apparatus. ALTITUDE REQUIREMENTS: The apparatus shall be designed to meet the specified rating at 2,000 ft. altitude above sea level. ACCEPTANCE TEST AND REQUIREMENTS: Acceptance tests on behalf of the purchaser shall be as prescribed and conducted prior to delivery or within 10 days after delivery, by the manufacturer's representative in the presence of such person or persons as the purchaser may designate in the requirements for delivery. The apparatus, loaded with a full complement of hose and men, a full water tank, and equipment as specified in "Carrying Capacity" on this page, shall meet the test on paved roads, dry and in good 4 t condition. Tests shall be on the basis of two runs in opposite directions over the same route, the engine not operating in excess of the manufacturer's maximum rpm. From a standing start, without manual shifting of the automatic transmission the vehicle shall attain a true speed of 35 MPH within 25 seconds. From a steady speed of 15 MPH the vehicle shall accelerate to a true speed of 35 MPH within 30 seconds. The vehicle shall attain a top speed of not less that 65 MPH. Manufacturers pump test and Certification tests shall be conducted by the manufacturer in accordance with requirements of NFPA 1901. Certificate of testing shall be furnished to the Purchaser. The Manufacturer must supply at time of delivery, at least on copy of. 1. Engine manufacturer's certified brake horsepower curve showing the maximum no -load governed speed. 2. The apparatus shall have a driveline efficiency of 96% or better and must meet NFPA 1901 Standing start acceleration standards. 3. A computerized scan program must be run and reviewed for acceptance of the apparatus. 4. Manufacturer's record of pumper construction details and manufacturers run -in certification 5. Pump manufacturer's certification of hydrostatic test. 6. The certification of inspection of Fire Department Pumper and elevated waterway by a nationally recognized testing laboratory, the watertower shall be tested after assembly and installation of the chassis at manufacturer's plant. Type II certification to be provided at the time of delivery of the completed apparatus. 7. At least two copies of the complete operation parts, and maintenance manual covering the completed apparatus as delivered, including the pump, axles, brakes & brake system, engine, transmission and watertower. A VHS training video shall be provided to review proper operating procedures on the watertower A detailed video on recommended weekly, monthly, semi- annual and annual maintenance shall be provided at the time the completed apparatus is delivered. A TEST DATA PLATE shall be provided at the pump operators position which gives the rated discharges and pressures together with the speed of the engine as determined by the manufacturer's test for this unit. Plate must comply with the requirements of C #1901. 5 • CHASSIS When ever aluminum is used in building this apparatus industry standards shall be strictly followed in regards to galvanic corrosion and electrolysis. The color of the interior of the cab shall be "BLACK" including all vinyl coverings and padding. The truck Cab and Chassis shall be a Spartan Series 90 Gladitor Eurospace cab over MFD model GA 40M -2142 4 door 2 each side tilt 6 man cab with seating for 6 person's. AS THIS CAB AND CHASSIS IS AVAILABLE TO ALL FIRE APPARATUS BUILDERS WE WILL NOT ALLOW ANY SUBSTITUTIONS. Engine shall be located between the Drivers and Captain's seat so interior of cab were firefighters sit is free of any obstacle's with the exception of the seats for firefighters The maximum height of the engine cover shall be no more that 26 inches. Cab shall be constructed of aluminum and must be fully padded and sound insulated to meet the 1991 NFPA noise level not to exceed 90 DBA without the siren, or horns operating it must also conform to all current D.O.T. standards. Cab shall have the following lights 1 directional map light above the Captains seat, at least 4 -6 inch round 12 volt lights in the cab area 2 to be mounted in the firefighters seating area, 2 to be mounted between the captains and drivers seat. All seats to have 3 point seat belts with automatic retractors. There shall be intermittent parallel arm -type electric wipers with separate motors and electric wet -arm type windshield washers, and dual electric horns.Engine housing must be insulated on the inside and fully padded on the outside. Rear windows will either wind down or slide. Heating shall be a minimum 57,000 B.T.U. front over head heater and defroster with and additional 22,000 B.T.0 heater in the rear of the cab for firefighters. There shall be seating for a minimum of 6 persons in the cab area including the driver and captain. The drivers seat shall be Bostrom 4 way air suspended seat, the captain seat will capable of holding a S.C.B.A. with padded sides and head rest, with S.C.B.A. restraints, all firefighters seats shall be fully padded including the headrest with a minimum 18 inches width (seat) and 15 inches front to back with padded sides and headrest capable of holding a complete S.C.B.A. set up. All driving, clearance, tail /brake and auxiliary lighting must meet current rules and regulations as outlined by the D.O.T., all 6 Y warning lights and signals must be installed as to manufactures recommendations. In regards to D.O.T. or N F P A standards which ever are the stricter those will be the standard used. The wheel base shall not be less than 180 inches nor greater than 200 inches. FRAME The frame must be designed for severe service to withstand the heavy strains of the fire service. Frame side rails and cross members are to be steel. Frame and side rails shall be of a channel type construction. The minimum dimensions shall be 10 -1/8" depth, 3 -1/2" flange made of 3/8" heat treated stock with a minimum of 110,000 P.S.I. yield strength with minimum R.B.M. of 1,915,650 #. For strength and proper support there shall be a minimum of seven (7) crossmembers bolted to the frame rails, using SAE grade 8 flanged bolts and flanged lock washers. Standard SAE grade 8 nuts and lockwashers will not be accepted. The section modulas shall not be less that 17.42 cubic inches. There shall be a front frame or bumper extension of 21" to provide a recessed area to house a 150ft 1 -3/4" preconnect car /trash line, with a "chic -saw swivel connection,also to mount a Federal QB -2 electric windup siren or equal, dual 24" Grover Stuttertone air horns recessed in bumper and 1 100 Watt electronic siren speaker. Front bumper shall be chromed steel or stainless steel. at least 12" in width. This shall not interfere with the Tilt -Cab operation. Two (2) front tow eyes must be provided having an inside diameter of 2 -1/2 if visible they must be chrome. The tow eyes must be mounted to heavy channel reinforcements that are attached to the frame rails and continue back along the frame rails to the suspension mounts so that the truck may be lifted by the two eyes. FRONT AXLE AND SUSPENSION The front axle shall be Rockwell, and have a commercial rating of at least 16,000 pounds and include oil lubricated front wheel bearings. The front axle should be a drop center type to help provide a low cab entry. The front suspension must be of a type designed for a full time duty cycle. The front suspension shall consist of semi elliptical tapered leaf springs or a Rayco type torque arm with leaf springs which ever type is used it must match or exceed the rated capacity of the 7 i ti axle, heavy duty double acting shock absorbers must be installed. suspension ins bushings, shackle i or pivot t t b P pins, s g, l pins pi points must e greaseable where applicable. REAR AXLE AND SUSPENSION The rear axle shall be a Rockwell RS 26180 with a ground rated contact capacity of 27,000. Heavy duty rear shock absorbers must be installed on the rear axle. The rear suspension must be of a type designed for a full time duty cycle load of 27,000 pounds, with multi leaf springs of at least 14 leafs or Rayco torque arm type suspension. The suspension must be compatible with the capacity of the rear axle and provide a smooth ride. Suspension pins, bushings, shackle pins and pivot points must be greaseable. Heavy Duty type mud flaps must be furnished and installed. WHEELS AND TIRES Tire rims shall be a ventilated disc wheel measuring 22.5 X 8.5 front wheels and dual 22.5 X 8.5 inch rear wheels. Chrome Front Rims with Chrome rear rim inserts. Tires shall be of radial design front and rear. They must be 1200R X 22.5 16 ply rating tubeless type highway tread on the front axle and 1200R -22.5 16 ply rating tubeless type non directional mud and snow. All axles are to have chrome plated axle and nut covers. BRAKES The front and rear axle brakes are to be "S" cam type full air power activated. They shall be equipped with automatic slack adjusters, the brake drums and linings shall be Rockwell international, the brake lining shall be of a type designed for the fire service. Type and code must be provided to the purchaser. The minimum brake dimensions are 16 1/2 X 6 on the front axle.. The minimum brake dimensions are 16 1/2 X 7 on the rear axle. For maximum brake application on the rear axle four (4) brake service chambers shall be used. Service and parking brakes shall be independent and separate systems. all brakes shall be readily accessible for adjustment and have installed provisions for visible inspections of the brake linings on all axles. The service brakes on the rear axle must be S cam activated full air powered type, automatic slack adjusters shall be provided. 8 y No mechanical band type brake or pawl type device may be used to hold the apparatus in the parked position. As a minimum requirement, the service brakes shall be capable of bringing the fully loaded apparatus to a complete stop from an initial speed of 20 MPH in a distance not exceeding 30 feet by actual measurement on a substantially hard surfaced road that is free from loose material, oil or grease, and shall be capable of positively holding the fully loaded vehicle on 20% grade when the apparatus is performing any of its designed stationary functions. The brake system air compressor shall be a gear driven by the engine of. at least 16 cubic feet per minute either a Bendix or Westinghouse type air compressor. This shall be of a rapid type air build up system. There shall be two (2) separate air gauges provided in addition to a flashing warning light and buzzer. There shall be minimum of 4,700 cubic inch air reservoir to comply to with D.O.T. single brake application standards with reserve air left not to drop 30% or below low air warning system. All reservoirs must have drains or automatic moisture ejectors, but the primary tank must be equipped with an automatic moisture ejector, Drains are not acceptable on the primary tank. The parking and emergency brake shall be a spring set type. The parking brake control valve and indicator valve must be mounted in a visible and easy to reach position by the driver. For moisture control in the air system an air dryer equipped with an auto cycling.system must be supplied, a Bendix- Westinghouse AD -4 or a new AD -9 system dryer. STEERING A padded steering wheel with 20" Outside diameter with a tilt - telescopic column shall be provided. Full time power steering shall be of the integral type and must match the capacity of the steering axle used Ross HFB -70 or Shepard 492 -SBE. FUEL SYSTEM One minimum fifty (50) U.S. gallon capacity fuel tank shall be furnished and located so as not to interfere with the step to the Cab. The preferred location of the fuel tank is between the frame rails to the rear of the apparatus. The desired location of the 9 tank filler is to be located on the left side to the rear of the wheelhouse. There shall be provided a hinged cover over the filler and shall be marked DIESEL FUEL ONLY. The fill piping shall be protected from damage by debris thrown by the tires. The tank shall be constructed of at least 12 gauge steel, equipped with swash plates, properly vented and the exterior primed and properly painted. The fuel lines shall be of a type compatible with diesel fuel, and be a flexible type with wire braid reinforcement. A fuel /water separator equipped with a manual drain shall be provided. A raycor FPG -1000 fuel /water separator or equal shall be used as a primary filter, a secondary spin -on type fuel filter shall be provided in an easy to service location. DRIVELINE -DRIVE SHAFTS Spicer needle bearing U- joints and driveshaft are to be properly matched to the engine torque output Spicer 1710 or 1800 series are to be used. COOLING SYSTEM The cooling system is to be a pressurized type to provide cooling under extreme atmospheric temperatures ranges without overheating of loss of coolant. The system is to include a thermostat with automatic bypass for quick warm up. Heat control water shutoffs must be readily accessible. Adequate and readily accessible cooling system drains must be provided at the lowest possible points in the cooling system. The radiator shall be made of suitable material (ALUMINUM IS NOT AN ACCEPTABLE MATERIAL) and of sufficient capacity to properly cool the engine during extended operation. The radiator shall be constructed with a bolted top and bottom tank. The cooling system shall be equipped with an auxiliary cooling system controlled at the pump panel. ENGINE The engine shall be a Detroit Series 60 11.1L 350 BHP at 2100 RPM 1250 lb. ft torque at 1200 RPM 4 cycles 677 cubic in D -DEC electronic. Engine compartment in cab between driver and captain's seat can be no higher than 28 inches. 10 r An alternate engine can be a Detroit 6V92TA JWAC 552 cubic inch D- DEC. 1020 lb ft. torque at 2100 RPM. We would also like shown the additional price of a Detroit 60 Series 12.7L 365 HP at 2100 RPM 1450 lb ft. torque at 1200 RPM 774 cu in D -DEC electronic engine, shown separately under additions. Electronic engine controls shall be provided to control injectors, governor speed controls. The engine shall be equipped with a 12 volt starting motor. There shall be located in the cab 2 starting motor switches to engage 2 starter solenoids. A fuel shut -down control shall be located in the cab and clearly marked ENGINE SHUTDOWN The air cleaner and air intake shall be located outside of the cab and be protected from the rain or burning embers, they shall be readily accessible for servicing. Located in the cab, on the dash clearly visible to the driver, an air cleaner restriction indicator will be mounted. The engine shall be equipped for shutterless operation. A six blade fully shrouded fan will be used, shrouding shall provide positive air flow through the radiator and disperse air over the engine to increase engine cooling. EXHAUST SYSTEM A high quality aluminized or stainless steel muffler shall be provided that will reduce noise from the exhaust as much as possible with out exceeding the engine manufactures specifications for back pressure. The exhaust system shall be routed along the right side of the apparatus and terminate just ahead of the right wheels. A chrome tailpipe extension /deflector shall be provided so as to terminate exhaust gases approximately 30 degree's to the center line of the apparatus. When ever flexpipe must be used in the routing of the exhaust system the flexpipe shall be made of stainless steel, any clamps that must be used to seal the system shall be made of stainless steel band clamp type. TRANSMISSION The transmission to be used shall be an Allison HT -740 or Allison HT -741. The transmission shall be so designed and set up to meet 11 r the needs of the fire apparatus, equipped with a 4th range lock up for proper pump engagement and operation, which shall have an automatic locking device for road /pump shifting. There shall be an indicator light in the cab and on the pump panel indicating that the pump is engaged. A road to pump selector shall be mounted in the cab on the dash to the right of the driver. ELECTRICAL SYSTEM The electrical system is to be 12 volt negative ground. The alternator and startin g e devic shall be of moisture resistant type, accessibly mounted and protected against excessive heat. The alternator shall be not less than 160 ampere, twelve (12) volt Leece - Neville, Delco or equal, it shall have a minimum output of 108 ampere at engine idle. A dual battery system shall be provided with 2 8D 220 amp hour rating, the batteries shall be located in an easy to service location mounted on slide out trays mounted on rollers. They shall be housed so there is proper ventilation and drainage. The battery housing shall be made of corrosion resistant material ie stainless steel, the bottom of the battery housing shall have a vibration damping material installed. All electrical circuit wiring shall be made with stranded conductors of a carrying capacity commensurate with the anticipated maximum circuit loading with insulation in accordance with the recommended standards of the Society of Automotive Engineers for such loading at the potential employed. Overall covering of conductors shall be of moisture resistant type. All connections shall be made with lugs or terminals mechanically secured to the conductors. The battery circuit to cab control shall have installed a master disconnect switch to isolate the right and left battery banks or run the two circuits in parallel, equal to a Cole Hersee model M -705 rotary switch. In the "off" position the switch must act a master disconnect for the cattery circuit. All cables and wiring harness must be neatly installed and secured with rubber protected steel clips. All cables and harness must be protected from abrasion or cuts by convoluted loom with a minimum of 250 degree fahrenheit temp rating and be fire retardant. ALL WIRING SYSTEMS MUST BE NUMBERED AND FUNCTION CODED. There shall be a main junction panel that contains a circuit breaker panel, a descriptive legend of the circuits, function, a 12 r mounting area for the apparatus radio, and a wiring diagram affixed to the junction panel cover. All junction blocks shall have #10 stud size pin and be labeled to circuit function. All circuit breakers shall be of the thermal reset type and be easily serviced without removal of brackets, brass bars or other breakers. There may be sub - junction block locations as needed by the manufacture for electrical termination but they shall be clearly marked on the wiring diagram. What ever the average load of the circuit, the wiring must be able to carry 125% of the load, no voltage drops in any circuit shall exceed 10 %. All chassis wiring shall be at least 14 gauge stranded copper per SAE type XXL cross link 302 degree F insulation heavier wiring shall be used when needed. A complete wiring diagram showing Cab, Chassis, pump compartment body and aerial electrical circuit. shall be provided. LIGHTS, SIGNALING AND WARNING DEVICES Headlights shall be four sealed beam rectangular halogen headlights. Turn Signals on front of cab shall be Guide arrow amber, sealed beam may be used. There shall be 2 Red Strobe at least 6 in diameter one flush mounted in the center of each side of the hose body on the side approximately above the rear wheels. Rear: An aluminum housing mounted on the each side of the rear compartments shall be a combination stop /turn signal back up light and lower red side maker light each unit to be individually mounted. Five (5) amber marker lights shall be installed over the windshield 2 side amber spring mounted or shielded in the front side area of the cab, the preferred location would be the front cab steps. Tailboard: Three (3) rear step marker lights recessed into the center of the rear step plate, the outer edge of the tailboard shall have one red marker built into the corner flanked on both sides with a red reflector. 2 red strobe marker light shall be installed on the rear upper light stanchions. Any other marker light deemed necessary or warranted by the manufacture for the safe recognition of the fire apparatus is permissible. 13 One (1) electronic backup alarm shall be installed, two (2) rear step push buttons to operate a warning buzzer in the cab, one button to be mounted on each side of the hose bed. On the upper stanchions two (2) 6 adjustable spotlights to serve as hose pickup lights or aerial waterway spotting lights. On the cab located in the upper corners by the windshield two (2) 6 halogen spotlights wired separately from the master warning light switch. All step area's shall be lighted for safety on night operations. All warning lights shall be controlled by individual switches located on the cab console or dashboard. A master override switch shall be furnished to allow for presetting the warning lights. Any warning light control switch that carries a 20 amps or more must be controlled by a relay, switch to close relay -relay to carry the current. Two (2) Dual strobe warning lights seal beam rectangular red front shall be mounted in cast aluminum housing inboard of the turn signals. One Federal QB -2 mechanical windup siren, mounted on the front bumper extension. One 100 Watt electronic siren control unit with 100 watt speaker to be mounted in the front bumper. Alternative placement of siren will be considered, but no warning device will be allowed on the cab roof including the air horns. Two (2) 24" Grover Stuttertone in the front bumper shall be installed with a roof mounted lanyard pull actuator. On the front top of each side of the cab roof shall be mounted a Whelen Mini Edge -P Strobe light bar with red lens, if space should allow due to the mounting of the aerial over the cab a full width Whelen Model 9206 light bar with directional strobes facing forward. On the rear end stanchions two (2) SS -360 or SS -361 remote strobe heads red in color shall be mounted, in addition 2 of the round red light in the rear light section shall be strobe. A Universal power supply Whelen UPS -64 or equal shall be supplied. Alternative lights and placement may be considered if done in writing addressed to the Fire Chief and ok'd before the bid opening. 14 i FIRE PUMP A WATEROUS MODEL CMUYBX OR HALE QSMG -150 1500 GALLON PER MINUTE, TWO STAGE CENTRIFUGAL PUMP of the latest design incorporating a high strength involute toothform HY -VO chain drive transmission or gear driven transmission capable of operating at high speeds to provide smooth, quiet transmission of power. The shift engagement shall be accomplished by a free - sliding collar and shall incorporate an internal locking mechanism to insure that the collar will be maintained in ROAD OR PUMP operation. The pump shall deliver the percentage of rated discharge at pressures indicated below. A new pump build by an apparatus manufacturer equal to these specifications will be an acceptable alternative as equal. 1000 of rated capacity at 150 pounds net pressure 70% of rated capacity at 200 pounds net pressure 50% of rated capacity at 250 pounds net pressure 100% of rated capacity at 165 pounds net pressure Impellers and impeller seal rings are to be of high grade bronze replaceable type, and mounted on a stainless steel shaft supported by heavy duty, oil lubricated bearings. The impellers shall be accurately balanced and of the latest design to afford ample reserve capacities at a minimum horsepower requirement. The impeller shaft shall be of a separable design to allow true separation of the transmission from the pump without disassembly or disturbing either component. The bronze wear rings shall be easily replaceable so as to eliminate the need for the replacing of the entire pump volute case. The main pump body shall be horizontally split and shall be in two sections for easy removal of the entire impeller assembly including wear rings, without disturbing setting of the pump on the chassis. Pump case halves shall be bolted together on a single horizontal plane. A cross section view of the pump and gear case showing all working parts shall be furnished and will be considered in judging the acceptability of the design. The pump body is to be of close grain nickel iron semi -steel with all moving parts which come into contact with water to be of bronze or stainless steel, and have flame plated impeller hubs for added pump life if available. The pump must be tested by the pump manufacturer for 10 minutes hydrostatically at a pressure of 350 PSIG. Two stage series - parallel pumps are to be tested by the pump manufacturer either hydrostaatically or hydro dynamically at a discharge pressure of 500 PSIG> Certification by the pump manufacturer must be provided. All pump components including relief valve, transfer valve, pump shift, priming system and drain valve shall be manufactured by the builder of the fire pump, or by a manufacturer of fire equipment fire pump components such as Akron ect. The pump shall be provided with a plate giving the rated flow at "capacity" and "pressure" test pressures, together with the R.P.M. of the engine at those pressures and deliveries, and mounted in clear view of the pump operators panel. 15 PRIMING SYSTEM The pump shall be capable of taking suction and discharging water with a lift of 10 feet in not more than 30 seconds with the pump dry, through 20 feet of suction hose of appropriate size. It shall be capable of developing a vacuum of 22 inches at an altitude of up to 1000 feet. A high capacity, rotary vane type priming pump electrically operated and equipped with an oil tank assembly for automatic internal lubrication of the pump and mounted in a location where it can be easily serviced shall be furnished. A Booster pump will not be accepted as the priming device. A vacuum test with a capped suction of at least 20 feet long shall develop 22 inches of vacuum and hold a vacuum with a drop not in excess of 10 inches in 10 minutes. PUMP SUCTION Pump suction intakes with removable or accessible strainers provided inside each external inlet shall be provided. Two six inch suction arms complete with strainers shall be furnished. Built -in six inch quarter turn butterfly valves shall be provided and mounted on each side to allow for preconnected soft suction hose without exceeding the legal overall width. Two adapters shall be provided with one being mounted on each side suction intake. These adapters shall be 6 NST female by 5 Storz complete with 5 storz caps, and shall incorporate a screw or slow opening and closing type intake gate. A built -in adjustable relief valve shall be provided and mounted on the suction side of the pump designed for protection when using large diameter hose. An Angus RV -123 valve or equal shall be installed. Two operators panel controlled 2 1/2" independent gated suction intakes complete with female swivel adapters, quarter turn valves located within the heated pump compartments, and plug type chrome plated caps located one on each side of the body. PUMP DISCHARGES Two 2 size gated discharge valves and one 2 1/2" discharge valve shall be furnished and located within the pump compartment with the outlets located in the Three crosslay compartments located above the pump compartment, these shall not be more than 6 feet from the ground to the bottom of the cross lays. One 2 gated discharge piped up to the front trash line with 2 Piping 16 Four (4) 2 1/2" size gated discharge outlets shall be provided. These outlets shall be easy operated ball type valves with locking handles, spring loaded seals, and with 3/4" drains. Chrome plated discharge extension adapters shall be provided extending through the pump panel with a rubber extrusion attached around the full opening through the panel. They are to be quick opening quarter turn valves located inside the pump compartment. All outlet shall be American National Standard Thread and capped with chrome plated caps with chains. Outlets to be located two at the rear and two located on the right side pump panel. Piping to the rear discharge shall be stainless steel, we would prefer not to have the rear discharges run through the water tank if possible. One 3 1/2" ball valve gated discharge shall be provided on the right side of the body, operators panel controlled. This outlet shall be provided with a 3 1/2" 45 degree discharge elbow and 5 storz fitting with a storz cap. This valve has to open and close according to the 1991 NFPA standards to prevent water hammer. All 2 1/2" side mount discharge outlets shall be provided with chrome plated 45 degree discharge elbows. The above 2 1/2" and 3 1/2" size discharge valves shall be of the same manufacturer as the fire pump to assure future "one source " parts availability, or shall be from Akron Brass # 7800 Series full flow valves, they are to have teflon balls and seats and are to be of swing away type for easy service. One 3 1/2" operators panel controlled ball valve gated discharge outlet shall be provided for the water /tower device, this discharge valve has to open and close according to the 1991 NFPA standards to prevent water hammer. MANIFOLD DRAIN A manifold type drain valve shall be furnished with all pump drains connected to it and operated from the pump operators panel so that the entire pump system may be drained by on clearly identified control. The relief valve and pilot valve system shall have a separate drains with the controls at the operators panel and properly marked. PUMP SHIFT The pump shift shall be electrically or air operated and shall incorporate a standard automotive shifting mechanism for ease of maintenance and parts availability. The pump shift switch shall be mounted in the cab and identified as "ELECTRIC PUMP SHIFT" and include instructions permanently inscribed on the pump shift switch plate. A spring loaded guard shall be mounted over the switch lever to prevent accidental shifting. 17 The electric pump shift control assembly shall incorporate an indicating light system which will warn the operator if the shift to PUMP has not been completed and indicate when is has. The switch that activates the lights must be mounted on the pump transmission and positioned so that the pump shift arm activates the switch only when the shift arm has completed it full travel into PUMP position, also a green indicator light shall be provided adjacent to the throttle control at the pump operators panel to indicate a completion of the pump shift. RELIEF VALVE Means shall be provided for controlling pressure at the pump either through a Automatic Electro Governor (Fire Research type) or through a automatic relief valve of such size and design capable of operation over a range of 75 to 300 psi net pump pressure, or a water pressure governor. This shall be controlled by one man in the pump operators position. Relief valve shall have two controls one for pressure adjustment and the other an on /off control. Automatic relief valve indicator lights shall be provided at the operators panel indicating position of relief valve. TRANSFER VALVE The pressure and volume control shall be provided of the latest ball type all bronze construction and incorporating a hydraulically balanced seal assembly to minimize leakage around the ball and assure maximum pump efficiency. The transfer valve shall operate smoothly and without sticking even when exposed to sandy or dirty water. The transfer valve actuator shall be operated electrically, by means of a control switch mounted on the pump operators panel complete with two indicator lights indicating PRESSURE and VOLUME. Operation of the transfer valve shall provide smooth changing of the transfer valve to either pressure or volume without shutting down at any discharge pressure up to 250 PSGI. GAUGES & PUMP PANEL LAYOUT All gauges for the pump panel both pressure and compound shall be Span silicone filled SUB -Z II freeze proof type gauges, white dial with black lettering or approved equal. A pressure gauge registering up to 600 lbs per square inch with a 1/4" inch pipe thread connection and of a type that will not be injured when subjected to a vacuum shall be provided. A regulating valve shall be furnished and operated at the operators position to prevent flutter of the gauge. A re- calibrating type gauge shall 18 be provided. This gauge shall be minimum of 6 in diameter. A compound gauge shall be provided on the suction side of the pump registering at least 400 lbs pressure and 30 inches of vacuum. This gauge shall be 6 in diameter. A pressure gauge for each outlet or discharge shall be provided on the operators panel. Gauges shall be at least 3 1/2" in size and of the recalibrating type. All gauges and discharge handles shall be in a straight line with each gauge directly above a discharge handle or lever. This shall include a lever and gauge for the aerial /waterway. Means for checking pump speed, pressure, and vacuum shall be provided at the pump operators panel without disconnecting any of the above gauges. An engine tachometer to indicate engine revolutions while pumping shall be provided as to protect against abusive engine speeds and mounted on the pump operators panel. An oil pressure and engine temperature gauge shall be installed on the pump operators panel and shall be of the electrical type. A single unit Span ENFO SAFETY ADVISOR that incorporates all of the above 3 gauges into one unit may be installed in place of separate gauges. The gauges shall be suitably enclosed or protected from freezing and mounted on a stainless steel gauge panel with two large operators panel lights. An engine control throttle suitable and compatible with the Detroit D -DEC type engine shall be incorporated into the pump operators panel so the pump operator can control the engine speed while operating the pump, it should be or have incorporated into it a positive locking, and quick release type mechanism A grease zerk shall be installed on the operators panel and plumbed to the lubrication points of the pump. All pump suction and discharge controls are to be mounted on the left side pump operators panel so as to permit operation of the pump from a central location. All of these controls shall be clearly identified with permanently engraved, color coded plate type labels, securely fastened with screw fasteners. All controls shall be in a straight line. Adequate lights shall be provided so that all controls are clearly visible for night time operation. All controls from the pump operators panel to the pump components shall be heavily cadmium plated to resist rust and sticking. Lights with stainless steel hoods shall be installed on the operators panel and also on the right side pump panel. 19 The full height pump panel on both the left and right sides of the truck shall be constructed of type 304 stainless steel material. The upper portion of the right side pump panel shall include a large hinged pump compartment inspection door or pump access panel for servicing air cleaner and pump. This door or panel shall be constructed of the same stainless steel material and shall include a stainless steel piano type hinge and stainless steel D handle latch. The Master gauges shall be mounted on the upper portion of the left side pump panel on a hinged type stainless steel gauge panel. This panel shall be hinged at the bottom and shall provide access to the back side of the gauges and to the pump compartment. A removable sheet steel casing completely enclosing the underside of the pump compartment and heated by the engine shall be provided. The casing shall have slide -out bottom panel that may be easily removed for normal maintenance by removal of a single fastener on the slide -out panel. For cold weather protection an automotive heater, hot water type shall be provided and mounted in the fire pump compartment with ducts directed toward the back sides of the gauges and to the gauge lines. This heater shall be connected to the truck engine coolant system with shut -off valves mounted in both the feeder and return lines. A 12 volt fan shall be included with a control switch located at the pump operators panel. APPARATUS PUMP COMPARTMENT BODY AND COMPARTMENTATION THE APPARATUS CAB, PUMP COMPARTMENT, AND BODY COMPARTMENT SECTION SHALL BE MOUNTED INDEPENDENT OF EACH OTHER. THEY SHALL COMPRISE OF THREE SECTIONS, APPARATUS CAB, PUMP COMPARTMENT, AND HOSEBODY WITH ALL COMPARTMENTS. The apparatus body and compartments shall be bolted to the chassis frame for easy removal if necessary no part of the body, pump compartment or water tank shall be welded to the chassis frame. If Aluminum is used for fabricating the pump compartment and hose body and compartments Industry standards must be followed with regards to the prevention of galvanic corrosion and electrolysis. All body components, side sheets, compartments doors, shelves, hosebed dividers, ect., shall be constructed of 12 gauge A -60 GALVANNEALED body sheet steel, type 304 Stainless steel, or Aluminum of equal thickness and strength. Sides of the body are to be single sheets except the pump compartment which must have easily removable side panels. The body can be welded, or bolted type of construction, all truss and hex head bolts used in the assembly of the body and subframe shall be hardened and attached with kep -nut fasteners, and be zinc or cadmium plated or stainless steel for 20 corrosion resistance. Lighter gauge material will not be accepted for construction of the body components. The body subframe shall be constructed of 3" formed channels, of the same material as the rest of the body components, equal in strength to 3 galvanized steel channels. The subframe shall be bolted to the chassis frame and removable. Rear subframe and rear platform supports shall be bolted to the rear of the chassis frame rails for maximum strength and rigidity. The subframe and supports shall be positioned so as to provide a running board height as low to the ground as possible when fully loaded. Entire subframe is to be prime painted and undercoated prior to installation of the body sides and water tank. HOSEBODY Hose body to be not more than 6 feet from the bottom of the hose bed to the ground. Hose body is to be streamlined style, properly reinforce without the use of angles or structural shapes, and free from all projections which might injure the fire hose, the area behind the aerial water tower shall be shaped to deflect and move the hose into the hosebed opening. Floors of the hose beds are to be provided with dry -deck type square tiles or removable slat style hardwood gratings, spaced 1/2" apart for proper hose ventilation, and assembled with nickel plated brass screws with countersunk heads. Wood gratings are to be thoroughly sanded, sealed, fine sanded, and finished with two (2) topcoats of polyurethane varnish. All hose bed dividers shall be fabricated of the same material as the body panels, with triple formed breaks and rounded rear uprights. Dividers are to be bolted in place, both at the front and rear, and are to have hardwood guides recessed into the rear formed break to prevent hose coupling from catching on the vertical surfaces. Apparatus shall be equipped with a hosebed to properly store the following hose in the rear main hose bed area. Size of hose to be used and capacity for each shall be as follows. 1000 ft of 5 large diameter hose 1000 ft of 3 hose There shall be 3 crosslay hosebeds to be located above the fire pump these are to have a ground to bottom of the hosebeds deck of not more that 6 feet, with recessed with swivel discharge connections, wood gratings and chrome or polished stainless steel hose roller assemblies on each side of the apparatus body, they shall have individual covers of polished aluminum diamond plate fasten with a stainless steel piano type hinge and chrome lift 21 handle on each side of the cover. Two of the crosslay hose beds shall be capable of holding 200 ft. of 1 3/4" preconnect hose and one bed shall be capable of holding 200 ft. of 2 1/2" hose. The rear hose bed shall run the full length and width of the apparatus body from behind the pump panel area to the rear face of the body. The maximum height to the bottom of the hose bed from the ground shall be no more than 5ft 10 inches. A vinyl coated nylon hosebed cover shall be provided for the main hosebed area. Cover shall be installed with lift -a -dot fasteners across the front and down the sides with stretch cord tie down at the rear of the bed. A polished aluminum drip molding shall be installed across the front of the bed and down the sides of the body, located below the cover to prevent any water from entering the hosebed under the cover itself. HANDRAILS Polished stainless steel handrails with chrome plated brackets are to be furnished as follows. Two (2) handrails furnished and located one on each side of the body extending the full length of the body from immediately back of the crosslay hosebeds to the rear runningboard. These railing shall be continuous with the failings following the contour of the body. COMPARTMENTATION All compartments shall be of the "Clean Sweep" type, there shall be no lip on the top part of the shelves. There be large enclosed compartments on both side of the body, starting at the front of the homebody and continuing to the rear of the truck. These compartments shall be as large as possible, using all available space including the area at the rear with the compartment extending fully into the rear body slope, and depending upon the wheelbase of the chassis being furnished. The following dimension are minimum compartment size larger size compartments are acceptable. All doors shall be flush mounted both top and bottom. FRONT COMPARTMENTS: In front of the rear wheels. 48" wide full length doors with the lower compartment to be at least 25 inches deep in the area below the water tank and at least 15" deep in the upper or top portion of the side. CENTER COMPARTMENTS: Center compartments shall be at least 15" deep and 56" long with a 44" overhead door. 22 REAR COMPARTMENTS: The rear side compartments shall have 48" wide doors and be at least 26" deep in the lower portion and 15" deep in the upper portion. These compartments shall be the same on both side of the apparatus with one of the front or rear compartment built strong enough to be P g g capable of holding a 7500 watt Onan Diesel generator on roll out type tray, with only having to remove the exhaust to pull the generator out. Each compartment shall be equipped with 5 diameter lights with automatic door switches, "Cleveland" spring type door holders, hollow core weatherstripping, and "sweep -out" style aluminum treadplate compartment floors which are bolted in place and removable. All enclosed compartments shall be provided with three removable adjustable heavy gauge steel or aluminum shelving painted the same color as the apparatus. Compartments shall be provided with dry - deck locking type grating or slatted hardwood gratings designed to be easily removable for compartment cleaning. All compartment doors are to be of the flush design, and fully double paneled with the inner panel bolted in place for ease of access to the hinge and door lock assembly. Each door is to furnished with a full length stainless steel piano type hinge with a minimum 1/4" diameter pin. Each locking compartment door is to be furnished with a large stainless steel D- handle latch which locks the top and bottom of the door in one operation, and is equipped with a bent D- handle for ease of grabbing the latch assembly even when wearing gloves or mitt. The front radius corners on the cabinets on each side of the body shall be covered with polished aluminum treadplate material. Two chrome plated folding type steps shall be installed on each side of the body on the front face of the side cabinets. Polished aluminum drip moldings shall be furnished above all compartment doors properly held in place with nickel plated screws. RUNNINGBOARDS AND REAR STEP Six polished aluminum treadplate, box formed large steps shall be fabricated and mounted at the rear of the body with three steps installed on each rear beavertail slope. These steps shall be as large as possible, mounted above the rear tail lights, designed to provide easy access to the hosebed area and top of the body. Runningboards shall run the full length of the apparatus body from behind the chassis cab to the rear of the body and tailboard. All runningboards are to be bolted in place, and constructed of polished aluminum treadplate. A 96" minimum full width rear step 23 tailboard shall be furnished and constructed of the same material as the runningboards. An angle of departure of at least 8 degrees must be maintained at the rear of the truck when fully loaded. Polished aluminum rear corner plates shall be provided on the right and left sides of the rear step. Runningboards and rear step are to protrude 1/2" outward from the compartments on both sides of the body in order to act as rub rail in protecting the sides of the body. Overall width of the fully laden apparatus ground to the top of tail- board shall conform to the State highway regulations. Two (2) tow hooks shall be furnished at the rear of the body and attached directly to the chassis frame. Tow hooks are to be constructed of 1 3/4" I.D. hole, large enough for passing through a tow chain end hook. BOOSTER TANK A 500 gallon capacity booster tank shall be provided. The tank shall be constructed of type 304 stainless steel, stress relieved "T" shape for maximum strength and to allow for full depth side compartmentation. The interior of the tank is to have swash baffling lengthwise and crosswise to prevent water surge, and with baffles notched at all corners and in the center to allow for a smooth, high volume flow of water from each baffled compartment to the forward pump suction connection. A large front mounted tank fill stack shall be furnished with a hinged type cover and combination vent /overflow pipe directed away from the rear tires of the vehicle. A removable cover shall be provided on the top section of the tank allowing for entrance to all of the interior baffled compartments. The removable cover is to recess into a 1" perimeter lip formed around the top side of the tank, complete with a heavy rubber gasket, and held in place with retaining lugs and bolts designed so that they do not come in contact with the water within the tank. The entire tank is to be electrically wirefeed welded, both inside and out, with continuous leak -free welds. After complete welding of the tank, is shall be air pressure tested and properly cleaned. The exterior of the tank shall be sprayed with vinyl wash spray, primed, and painted with top coats of finish color paint. The entire underside of the tank, as well as the interior hose body compartment where the tank rest shall be thoroughly undercoated prior to installing the tank, for added corrosion resistance. The tank is be mounted completely separate from the apparatus body, easily removable, and with due regard to lawful weight distribution and a low center of gravity. A heavy duty fiberglass tank of a design for fire service usage if it complies with the above specifications as to baffles ect. A 24 design must be submitted to the Fire Chief for approval before bids are opened. The fiberglass tank shall have a lifetime warrantee. An MC products five light style electrically operated tank level gauge shall be furnished at the pump operators panel. The sending unit is to be easily cleaned and accessible through the pump compartment or from above the tank. A three (3) inch ball gated suction line capable of delivering at least 300 GPM from the tank to the pump, shall be furnished from the tank to the pump complete with a flexible connection and enclosed in the heated pump compartment. A check valve shall be furnished on the pump side to avoid the possibility of back filling the booster tank. Tank suction is be located in a sump assembly located below the bottom of the tank, and properly baffled to prevent surging of water. A two (2) inch cleanout plug shall be furnished in the bottom of the tank sump. A gated discharge line from the pressure side of the pump to the tank shall be furnished so the tank can be filled from draft or hydrant with the control on the operators panel. The valve is to be 1 1/2" in size and of the screw or ball type so it can be throttled and used as a bypass or pump cooling line. LADDERS Aluminum ladders shall be furnished, made as wide as possible consistent with safety. Extension ladders shall have stops for fly ladders and automatic locks. A 24 foot two section or a 24ft or 28ft. 3 section fire department extension ladder in which the side rails also act as guides for the fly ladder shall be furnished. A 14 foot aluminum roof ladder with folding roof hooks shall be furnished, one 10 foot aluminum folding attic ladder shall be provided and mounted. all ladders shall be Duo Safety or equal. The above ladders along with 2 fiberglass pike poles shall be mounted in a fully enclosed storage compartment located either under the hosebed area in a horizontal position or along the right side in a vertical position. Ladders shall be mounted on individual slide rails so that any ladder may be removed without disturbing he other ladders. rs. Access to the ladder compartment shall be at the rear of the body through a hinged aluminum treadplate door mounted on a stainless steel piano hinge and with a stainless steel D handle latch. NO HOSE BED MAY BE LOST DUE TO LADDER PLACEMENT. PAINTING CAB & BODY The apparatus shall be painted RED to match the existing apparatus which is Dupont Red #93 -1863R Imron paint. 25 CAB The Cab exterior shall be "Body Finished" painted with 2 coats of epoxy primer and 3 coats of red Imron urethane paint, the interior shall be painted the same color as the exterior. All cab painting must be done before installation of glass or any other cab trim or accessories to assure complete paint coverage and maximum corrosion protection. Cab underside and doors shall be rust proofed. The cab shall have Stainless steel trim for door exteriors at bottom of doors the same height as bumper, the fenders shall be 18" width front fenders of polished aluminum. The dash, headliner and engine cover shall be completely padded. APPARATUS BODY During the construction of the apparatus body, all flanges on the body which will not be disassembled shall be thoroughly cleaned, sprayed with vinyl wash primer, and primed with and primed with a heavy duty high quality primer. All seams shall be caulked both inside and along the exterior edges with an automotive sealant to prevent moisture from entering between any body panels. After all flanges have been thoroughly assembled and caulked, any excess primer is to be sandblasted away for maximum paint adhesion along these flanged areas. Once construction of the body has been completed, the doors, shelves, dividers, and all other parts are to be removed. The body and each of it's parts shall then be thoroughly sanded, phosphatized or etched, and then washed with grease cutting cleaners. Tacked free of any dust particles, the body and parts shall be individually sprayed with one coat of vinyl wash spray primer to inhibit rust and provide lasting adhesion. Two (2) full coats of quality primer shall then be applied, followed by at least three (3) top coats of IMRON URETHANE PAINT, color is to be Red to match present apparatus. The underside of the apparatus shall receive the same preparation and finish coats of paint as the rest of the body and parts. After being allowed to dry to the paint manufacturers recommendations, the wheel well areas of the apparatus shall be carefully sprayed with Tectyl brand automotive undercoating for added corrosion resistance. While constructing the truck body, all aluminum parts shall be properly fitted on the body and then removed. The back side of all aluminum parts shall be sanded smooth of any burrs and sharp edges, cleaned, and sprayed with two coats of clear acrylic urethane for an insulating effect between the aluminum and the metal on the apparatus body. All aluminum parts having contact with other dissimilar metals shall have an inert barrier applied to them, ei 4 MI mylar plus moisture proof sealer both sides of the mylar. Any fasteners passing through dissimilar metals shall be TEC coated to prevent 26 corrosion. During reassembly of the apparatus body and all of it parts, care shall be exercised in fitting and fastening the parts back in their respective position on the apparatus. All bolts and nuts are to be securely fastened and touched up. While attaching the door locks to the door panels, a non - moisture absorbing gasket shall be installed between the lock and the door skin. The will prevent the lock rom fracturing the painted surface as well as insulating the materials from each other. One pint of touchup paint shall be furnished with the truck. Lettering shall be done in swirled gold leaf and suitably shaded in blue to match present apparatus. Lettering to read as follows: On front cab doors: ENGINE 3 On rear Cab Doors BROOKLYN CENTER On the Front of the Cab: BROOKLYN CENTER All lettering and stripping to be finalized with the Fire Chief. Striping to be 3M brand scotchcal gold with black borders. Final delivery of the above apparatus with the 50 foot aerial /waterway shall be made via driveway FOB City of Brooklyn Center, Minnesota, at which time fire department personnel shall be instructed on complete operation and maintenance by a qualified engineer supplied by the manufacturer or builder of the apparatus for up to 2 days if requested by the City of Brooklyn Center Fire Department. ADDITIONAL EQUIPMENT The following equipment is to individually priced but must be included in the base bid. The city reserves the right to delete any of following items with a deduction of the price shown. One 7.5 watt Model DKD, Onan Diesel driven electrical generator mounted in either the rear side or front side compartment. This unit shall be an electric start with remote start /stop switch in the apparatus Cab. The generator shall be wired into a standard breaker box located in the generator compartment with stranded copper wire large enough to carry at least 20 amp circuits. The stranded Copper wiring between the generator and the breaker box shall be of a easy disconnect ie some type screw /male to female type connection. There shall be four (4) 110 volt household duplex 27 receptacles each unit shall have a weatherproof water resistance spring loaded covers with two mounted at the rear and 2 to be determined at the preconstruction conference. Two (2) 1500 Watt Telescoping type flood lights shall be provided and mounted on each side at the pump compartment. These lights shall be complete with switches and shall be wired to the above electrical generator, with separate circuit breakers for each light. One Kussmaul Auto Charger 11 battery conditioner /charger One Kussmaul Automatic air compressor model 110V- 091 -9B The above two Kussmaul shall be wired into a Auto eject model 12V- 091-18 -120 with a Model 091 -18 -C box enclosure to be mounted on the left hand driver side near the drivers door area. One built -in foam eductor capable of delivering at least 95 GPM of foam. This foam eductor is to be piped to the 1 3/4" line mounted in the front bumper extension The pick up tube is to be mounted in the front left hand lower compartment, capable of inserting the pick -up tube into a 5 gallon bucket of foam sitting on the ground. All controls for this foam unit must be mounted on the pump operators panel and labeled as to foam control. One Detroit Diesel Pressure Sensor Governor (PSG) Control System to be installed when ordering the truck. The City of Brooklyn Center may require the successful bidder to provide a 100% performance Bond. Bidders shall show cost of this bond so that consideration may be given at the time of award. 28 50 FOOT TELESCOPIC AERIAL /WATER /TOWER WITH 6 INCH RAISED PEDESTAL MAINFRAME It is the intent of these specifications to secure an aerial device built to withstand the severe and continuous use encounter in emergency fire fighting. Purchaser does not intend to consider bids or proposals on prototype, experimental or unproven types of apparatus. EACH BIDDER MUST FURNISH A LIST WITH HIS BID SHOWING AT LEAST 40 FIRE DEPARTMENTS THAT HAVE THE TELESCOPIC AERIAL /WATER /TOWER IN SERVICE OF THE SAME SIZE AND TYPE AS HE PROPOSES TO FURNISH ON THIS BID. FAILURE TO FURNISH THE LIST WILL RESULT IN NON - CONSIDERATION AND REJECTION OF BIDDERS PROPOSAL. The bidder shall certify in his proposal that the apparatus he proposes to furnish does not violate or infringe and patented process, device or article. If awarded a contract for furnishing the apparatus, the contractor shall defend any and all suits and assume all liability for any and all claims made against the purchaser of any of its officials of agents for the use or violation of any patented process, device or article forming a part of the apparatus or any appliance furnished with the apparatus. The weight of the telescopic Aerial /Water /Tower including mainframe and outriggers, shall not exceed 5,100 pounds National Fire Protection Association Pamphlet 1901, Latest edition entitled "Suggested Specifications For Motor Fire Apparatus "' as approved by the American Insurance Association and International Association of Fire Chiefs is hereby adopted and made a part of these specifications the same as if they were written out in full insofar as they apply and are not specifications, with the exception of that chapter dealing with "Equipment Recommended For Various Types of Apparatus" Bidder shall provide only that equipment as required in the following specifications. THESE SPECIFICATIONS SHALL BECOME PART OF THE FINAL CONTRACT. If any bidder has any exceptions to these specifications, such exception or exceptions must be stated in writing and describe in detail what is to be furnished in lieu of the specified requirements. Exceptions should be reference to the corresponding page number and paragraph in these specifications. Bidder shall furnish photographs and drawings giving principal dimensions and a technical description of the telescopic aerial /water /tower device being proposed. 29 v MAINFRAME ASSEMBLY The mainframe assembly shall be a welded steel structure, pedestal type, providing a mounting base for attachment of the telescopic aerial /water /tower equipment to the truck chassis frame at the rear of the hosebed. The welded pedestal shall not exceed 18 inches wide by 28 inches long. All hydraulic valving, hydraulic filters, 4 inch butterfly valve, and all controls for telescopic water tower are to be mounted within the 18 inch X 28 inch pedestal mainframe. The rear control panel on pedestal mainframe is to be of Black Lexan, easily removed for servicing above components. A special 6 raised pedestal mainframe is to be provided, the raised mainframe shall allow greater access to the hose bed and easier loading and unloading of hose. ANY TELESCOPIC AERIAL /WATER /TOWER TARING UP MORE THAN 18 INCHES IN WIDTH OF THE HOSE BED IS NOT ACCEPTABLE. TURNTABLE ASSEMBLY The turntable assembly shall be a welded steel structure attached to the mainframe pedestal assembly on a 37 inch diameter shear ball turntable bearing. A 360 degree continuous rotation in either direction shall be provided by hydraulic motor driving through a heavy duty roller chain into a single reduction worm gear reducer. A heavy duty pinion gear with support bearings shall engage internal gear ring on shear ball turntable bearing. A motion control lock valve is to be provided in the rotation hydraulic circuit to provide positive control during rotation and provide cushioned stops in case of accidental rapid stop or reversals. A hand crank shall be provided to enable the operator to manually rotate the turntable in the event of loss of all hydraulic power. A stainless steel turntable alignment indicator shall be installed to assist the operator in aligning the boom with the boom support when nesting the boom. Since the apparatus specified will be operated as a standard fire pumping engine without the use of the telescopic aerial water tower, it is imperative that the mounting dimensions and performance features specified for the water tower be as specifications require. Any deviations shall be noted and clearly explained, with accurate dimensional drawings and photographs of what is actually proposed to be furnished. Installation and operation of the water tower shall be such that it does not interfere in any way with each and every normal function and operation of a standard pumping engine. THIRD PARTY TESTING AND CERTIFICATION Underwriters Laboratories to test the aerial water /tower after assembly and installation of the chassis at manufacturer's plant. Type II certification to be provided at the time of delivery of the completed apparatus. 30 i STABILIZING GROUND JACKS OR OUTRIGGERS; Two hydraulically operated outriggers are to be provided for stabilizing the apparatus during operation of the water tower /aerial ladder. The outriggers shall be of the telescopic " A " frame type, consisting of separate steel weldments, located one each side behind the rear wheels, in the area of the centerline of rotation of the turntable. They shall be placed so installation will least detract from the amount of space in the standard compartments. Outrigger feet shall be 11" x 13" and shall swivel. When extended, outrigger spread shall not exceed 10' 8" from outside edge of pad to outside edge of pad. Each outrigger leg shall be extended and retracted by a single hydraulic cylinder equipped with pilot operated check valve to positively hold the outrigger in operating position. Hydraulic cylinders shall be enclosed within the outrigger leg and housing to provide protection for the hydraulic cylinder and cylinder rod. The hydraulic control valve for the two outriggers shall be installed within the pedestal mainframe with two polished aluminum cotrol handles for extension and retraction, providing individual control for side to side leveling. Outriggers that extend out and then down which require area normally furnished as compartment space and multiple control levers for activation, and apparatus requiring four outriggers, two each side, behind and ahead of the rear axle, will not be considered. There shall be a hydraulic selector valve provided with tee handle control to select between boom operation and outrigger operation. When boom mode is selected, hydraulic pressure and flow shall be diverted from the outrigger controls to render them inoperative. When outriggers are operable booms are inoperable. Two 24" x 24" outrigger bearing pads shall be provided, one mounted in a slide -out rack below the right and left side runningboards, near each outrigger. Slide -out racks shall be constructed of rust resisting aluminum material. Pads shall have easily accessible grab handles, with white reflective tape applied to each handle for night time identification. BOOM CONSTRUCTION; To insure a high strength to weight ratio boom shall be constructed of two high strength alloy aluminum members, one to telescope within the other. To assure close tolerances and interchangeability of booms, both boom members shall be constructed of two mated, one piece, extruded aluminum 31 The primary system is to be of the open center type and provide for boom and turntable operation. This system shall incorporate an automatic flow control to limit oil flow to 4 G.P.M. maximum, and provide constant speed operation regardless of engine speed. The system relief is to be set at 3000 P.S.I. The secondary hydraulic system shall provide for all nozzle operations and shall operate at 600 P.S.I. maximum pressure. An eight gallon capacity hydraulic reservoir shall be furnished and installed. Hydraulic filters for hydraulic system shall consist of a sump strainer filter, installed inside hydraulic oil reservoir, and a three micron absolute filter for filtration of hydraulic oil in the pressure line, installed inside the mounting pedestal so that it is accessible from underneath and /or by removal of the rear panel. The pressure line filter is to be equipped with a tel -tale warning system to indicate when the filter requires servicing. For operation in the event of loss of hydraulic pressure from the S.A.E. power take off hydraulic pump, an auxiliary hydraulic pump shall be furnished, permanently mounted under the chassis frame. It shall be powered by the 12 volt battery system on the apparatus with an actuating switch at the lower control station for each set of batteries furnished. WATER SYSTEM; Two (2) quarter turn gated 2 1/2" inlet /outlet valves, with NST male end threads chrome plated rocker lug caps and chains, conveniently located, one each side of rear of apparatus piped into the waterway to serve as inlets for supplying the water tower from another pumper or source and as pump discharge outlets when the water tower is not in use. Waterway passage from rear inlets shall be a four inch vertical pipe through mounting pedestal and turntable. There shall also be a four inch waterway from vertical pipe to front of mainframe which shall be connected to one 3 1/2 inch valve on pump discharge, with valve control at pump panel, so the water tower can be supplied from the pump. A 4 inch gear operated butterfly valve shall be provided in the 4 inch vertical pipe within the mainframe pedestal with control wheel for adjustment or complete shut -off of water flow to water tower when not in use. Waterway from turntable to nozzle shall be two identical water passages, one each side of boom, each consisting of 3 inch internal diameter aluminum tubing on lower portion of boom and 2 1/2 inch internal diameter hard anodized aluminum tubing on extensible portion of boom installed inside 3 inch tubing on lower portion of the boom with a leakproof slip joint seal that is self - lubricating. Waterways and slip joint must be mounted on outerside of boom where they can be inspected and easily repaired or replaced. 33 A remotely controllable nozzle assembly shall be attached to the outer end of the boom by a monitor mechanism whereby the nozzle can be elevated in a vertical plane with maximum travel of 250 degrees ( +85 deg. to -165 deg.) and have lateral sweep of 90 degrees (45 degrees either side of center). The lateral sweep shall be controlled by a hydraulic cylinder and elevation by a hydraulic motor. Functions of elevation and sweep shall be independent of each other and each controlled by a single switch or lever so that the range of sweep, in a plane, is the same regardless of teh position of the boom or elevation of the nozzle. Quick disconnects shall be provided in the nozzle hydraulic lines to facilitate removal of the nozzle in the event a straight tip or other nozzle is required or desired to be used. Operation of the monitor and nozzle shall be so arranged and suitable stops provided so that it is impossible for the nozzle to be placed in any position whereby the stream would endanger a man standing on the outer end of the ladder to operate the monitor. The stream pattern shall be variable from straight stream to full fog pattern. The nozzle shall provide for flow capacities varying from 300 G.P.M. to 1000 G.P.M. with pressure automatically controlled within the nozzle so as to provide the most efficient stream possible with the flow capacity available. The functions of sweep, elevation and stream pattern are to be remotely, hydraulically controlled, independently of each other by three individual switches, conveniently located at the lower control station and by a duplicate set of three switches at the top of the boom. The underside of the outer end of the tip boom shall be provided with a recess whereby the nozzle can be retracted into the recess and protected from damage when not in use. A shield around the nozzle is not acceptable. The water tower shall be so designed that it can be raised, lowered, extended or retracted while flowing 1000 GPM. FIFTY -FOOT AERIAL LADDER; To provide rescue capability and access to the tip of the boom whereby a person can control nozzle functions with duplicate controls located there and have the advantage of being able to see that the stream is being properly directed, the boom shall be equipped with a permanently installed ladder. A two - section aluminum ladder shall be securely installed on the top of the boom and permanently attached so that upper section extends and retracts with extensible portion of the boom. The 34 P i width of the ladder between rails shall be not less than 24 inches on the base section and 18 inches on the extensible section. Tubular aluminum hand rails of not less than 1 1/4" inch diameter shall be securely installed on top of the ladder on each side on both sections. Hand rails shall be not less than nine inches above ladder rungs. Rungs shall be covered with corrugated rubber. Ladder shall be installed so that rungs are not less than six inches above the boom. From the next to last rung on the extensible section, the ladder is to be angled downward approximately 12 degrees to provide convenient access for personnel to get on and off the ladder from a building when used as an aerial ladder. Extensible section of ladder shall extend and retract on high density polyethylene slide pads permanently installed on every other rung of the base ladder and ladder guides and shall be so arranged so that fully extended or retracted, rungs of both sections of the ladder are properly aligned for climbing on the ladder. Fold -down steps shall be installed on the ladder rails each side of the fifth rung from the top of the ladder to provide a secure, comfortable place to stand for the person operating the nozzle. A panel with three switches to control nozzle elevation, sweep and stream pattern shall be installed at the tip of the boom, located so that a man standing on the folding steps can control the nozzle from this vantage point. REAR PLATFORM CONTROL STATION; The rear platform control station shall be located at the rear of the 18" wide mainframe mounting pedestal. Control panels shall be polished stainless steel, adequately lighted for night operation and easily removable for servicing hydraulic ` components within the mainframe pedestal. An operator standing on the rear step shall be provided with the following controls, conveniently mounted on a stainless steel panel; i 1. Master 12 volt electric switch. 2. Three control switches to operate nozzle functions. 3. Two 12 volt momentary on switches to operate emergency electric hydraulic pump on either A or B battery system. _i 4. Switch for accelerated idle control. 5. A green light indicating "Okay to Advance Throttle" 35 f 4 6. Two polished valve lever handles to operate hydraulic outriggers. 7. Polished hand wheel with spinner to control 4 inch gear operated butterfly valve. 8. Water pressure gauge connected to the 4 inch pipe at the base of the centerpost. Located adjacent to the control panel shall be; 9. Vernier throttle control to control engine speed and pump pressure. 10. Compound gauge connected to midship pump to indicate pump pressure. There shall be a simple, one -hand control to actuate all boom movements, raise, lower, extend, retract and rotate right or left, so the operator has the other hand available to operate switches for nozzle movement simultaneously with boom movements or to control throttle. The one -hand control shall be of the spring loaded return to neutral type mechanically direct connected to a three -spool hydraulic valve having fine metering qualities for precise movement of all boom functions. DIMENSIONS AND WEIGHT; With booms at highest elevation, nozzle height shall be not less than (as measured at 75 deg. to the hinge point of the nozzle) 50 feet With booms at maximum side extension, horizontal reach shall be not less than 42 feet Overall width with outriggers retracted shall not exceed 101 inchs Overall height at either front or rear with booms in nested or travel position shall not exceed 1 1 feet Maximum overall length with booms in nested or travel position shall not exceed 30 feet 2 inchs The weight of the telescopic water tower /aerial ladder unit shall not exceed 5100 Pounds PERFORMANCE CAPABILITIES; The boom shall be so constructed and powered that it will be 36 capable of performing the following functions when the unit is operated on firm, level ground with the outriggers extended and properly set. 1. With boom fully extended, tip unsupported, flowing water up to 1000 GPM without men or load on the ladder, support and resist the reaction of the nozzle in any normal position of operation with the boom at any angle from 10 degrees below horizontal up to 90 degrees above horizontal. 2. With boom fully extended and raised to any angle between 45 degrees and 75 degrees, tip unsupported and flowing water up to 1000 GPM, support and resist the reaction of the nozzle in any normal position of operation plus a 300 pound load at the ladder tip. ELECTRIC GOVERNOR An electric govern control shall be provided and installed on the Detroit Diesel engine for accelerated engine idle speed. A toggle switch shall be provided in the chassis cab, and at the rear pedestal of the aerial device. LIGHTS Two (2) Unity 12 volt spotlights (75,000 CP each) shall be mounted at top of boom, one each side, connected to the water tower /aerial ladder master switch. An individual switch shall be provided on each light. LEVEL INDICATOR An inclinometer, or equal, shall be installed at the rear of the apparatus to indicate side to side leveling of apparatus when setting the outriggers. PAINTING The entire pedestal, turntable, and both boom sections of the aerial device are to be primed, and finish painted white in color. Paint to be used is Sherwin Williams Imron Urethane Sunfire #JU -6476 sides of boom shall be provided with Lettering to match the apparatus. HYDRAULIC PRESSURE GAUGE A hydraulic system pressure gauge is to be provided and mounted at the rear of the apparatus, visible from the rear platform. HAND HELD REMOTE WITH 50 FT. CABLE A hand held box /remote with 50 ft of cable with a quick disconnect plug, in the rear main frame pedestal. It shall have individual water proof switches to control nozzle sweep, elevation and stream pattern, which will allow the operator to control the unit up to 50 -ft away from the rear control station. 37 r PARTS AND OPERATIONAL PE IONAL MANUAL AND TRAINING VIDEO Two official operations, maintenance and parts manuals for the telescopic water tower proposed, as published by the telescopic water tower /aerial manufacturer, must be furnished at the time the completed apparatus is delivered. A VHS training video shall be provided to review proper procedures on the water tower /aerial. A VHS Maintenance video which outlines the complete maintenance instructions for the water tower /aerial device shall outline weekly, monthly, semi - annual, and annual maintenance, as well as provide troubleshooting instructions for the unit. 38 CITY OF BROOKLYN CENTER Council Meeting Date 2/11/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO REAPPROPRIATE BCA GRANT MONIES FROM FUND BALANCE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 1� /�e� Signature - le J mes Lindsay, C ief of F��lice� MANAGER'S REVI W /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached yes ) • In 1989 the Police g Department received a rant from the State of Minnesota P through the State Bureau of Criminal Apprehension (BCA) for eight thousand dollars ($8,000.00). These grant monies were to be used during drug investigations for the purchase of drugs by undercover officers and similar investigation activities. During 1989, four thousand dollars ($4,000.00) were used by the department. In January of 1990, Brooklyn Center joined with three other communities to form a drug investigation task force. This task force has then handled the major drug investigations for the community when this buy money would have been used. At this time the decision has been made that the most effective use of this money would be to transfer it to the task force for their use. The BCA has approved this decision. In checking with the Finance Department, we found that the four thousand dollars remaining in this account at the end of 1989 was automatically transferred into Fund Balance. As there has been no activity since that time, the money remained there. At this time, we are requesting to draw a check payable to the Task Force and turn this money over to them. • RECOMMENDATION: The Council approve the resolution amending the 1991 General Fund Budget to reappropriate BCA grant monies from Fund Balance. (WPBCA) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO REAPPROPRIATE BCA GRANT MONIES FROM FUND BALANCE ----------------------------------------------------- WHEREAS, Section 7.08 of the City Charter does provide- the City Council with the authority to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the City did receive an $8,000 grant from the Bureau of Criminal Apprehension in 1989 for use in drug investigations; and WHEREAS, the money was appropriated to the 1989 budget by Resolution 89 -55 but only $4,000 was expended and $4,000 was closed into fund balance at year end; and WHEREAS, the responsibility for these investigations has been assumed by the joint drug task force which now has a need for the remaining $4,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1) Increase the Estimated Revenues for Transfer from Fund Balance (01 -3960) by $4,000. 2) Increase the Appropriation for the Police Department BCA expenses (01- 4410 - 134 -31) by $4,000. Date Todd Paulson, Mayor ATTEST: Deputy 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 council meeting Date 2 /11 / 91 Agenda Item Number • REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING SICK LEAVE AND VACATION BENEFITS FOR A NEW POLICE OFFICER DEPT. APPROVAL: 0 Signature - ti K- J es Lindsay, Chief of Police * * * * * * * * * * * * * ** ** * * * * * * * * * * * * * * ** ** * * * * * * * ** * * * * * * * ** * ** * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: , 7;" , No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached yes ) The police department was authorized to hire two additional police officers in 1991. One of the officers hired, Frank Roth, is an experienced officer who has eight years experience with the City of Robbinsdale. This experience is a benefit to Brooklyn Center, in that it will take less time to train Roth and also it gives us an officer who has already had experience in making decisions on the street. As he had several years of benefits earned which he left to join our department, and his experience is a benefit to us, we are requesting he be allowed some sick leave and vacation benefits as follows. We are requesting he be given a block of 96 hours of sick leave which can be used during the first year of employment, but which must be earned before additional hours accumulate. We are also requesting that he begin earning vacation time at the rate of three weeks per year. RECOMMENDATION: The city council ty ou cil approve the resolution authorizing sick leave and vacation benefits for a new officer. • Nm Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SICK LEAVE AND VACATION BENEFITS FOR A NEW POLICE OFFICER WHEREAS, the city council determines it is appropriate to authorize certain sick leave and vacation benefits for a new police officer, Francis Roth, based on the facts of his experience as a police officer. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Brooklyn Center that the city manager is hereby authorized to including the following benefits in the conditions of appointment for new police officer, Francis Roth: 1. a 96 hour block of sick leave which can be used during the first year of employment, but which must be earned before additional hours accumulate; and 2. vacation accrual to begin with three week vacation per year, giving credit for experience. Date Todd Paulson Mayor ATTEST: DeputyClerk 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 Council Meeting Date.G - /r / Agenda Item Number `, V REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIPTION: RESOLUTION AUTHORIZING VACATION LEAVE BENEFITS FOR THE CITY ASSESSOR *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: hoko-x-u Personnel Coordinator Signature - le �f MANAGER'S REVIEW /RECOMMENDATION: `' *�: No comments to supplement this report Comments below /attached *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) City Assessor Mark Parish originally was hired by the City of Brooklyn Center as appraiser 11 on September 6, 1988. • He was appointed as city assessor on November 13, 1989. At this time, Parish is accruing vacation leave benefits at the rate of two weeks per year pursuant to Chapter 17 of the City ordinances. Based on Parish's previous employment history in governmental appraisal, his experience with the City of Brooklyn Center, and his status as a department head, I am requesting your authorization to increase Parish's accrual rate from two weeks per year to three weeks per year. He would remain at the three weeks annual accrual rate until such benefits would increase further based on Chapter 17. REQUEST CITY COUNCIL ACTION: Approve the Resolution Authorizing Vacation Leave Benefits for the City Assessor. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING VACATION LEAVE BENEFITS FOR CITY ASSESSOR WHEREAS, the City Council determines it is appropriate to authorize certain vacation leave benefits for City Assessor Mark Parish based on the facts of his experience. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to increase the vacation accrual benefits for City Assessor Mark Parish from two weeks per year to three weeks per year until such time when additional benefits accrue pursuant to Chapter 17 of the city ordinances. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date 2/11/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING PROGRAM FOR OFFERING VACCINATIONS TO CERTAIN POLICE, FIRE, AND RECREATION EMPLOYEES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL�� Signature title - ames Lindsay, Chief, f Police MANAGER'S REVIEW /RECOMMENDATI N: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached yes ) Minnesota OSHA standards adopted April 4, 1990 require that Hepatitis B vaccinations shall be offered to "at risk" employees. "At risk" employees are defined as those considered to be at substantial risk of occupational exposure to bloodborne disease. The City of Brooklyn Center has 130 employees in the Police, Fire, and Recreation Departments which would be considered in the "at risk" category. They are: Police Personnel: Sworn officers 40 Dispatchers 6 CEO's 6 Subtotal 52 Firefighters: 47 Lifeguards: 31 TOTAL 130 We have obtained two quotes on providing this vaccination service. The first is from Dr. Orn at Northport Medical Center, Ltd. at a cost of $150.00 per person. As this clinic is within our city, we would provide a list of names to the clinic and parties wishing to obtain the vaccination would make their own appointments. The second quote is from St. Paul Ramsey Medical Center at a cost of $200.00 per person. They would come out to a location picked by us on a pre- arranged date and Is vaccinate all interested parties at that time. We recommend the quote of Dr. Orn be accepted at $150.00 per person for a total of $19,500.00. As monies were not budgeted for this item, they would need to come from contingency. If the program is approved, all employees above described as falling in the "at risk" definition will be offered the vaccination. Participation in the program will be voluntary. Some individuals have already had vaccinations and others will elect not to receive them. If this program is approved, we will offer the vaccinations and get an accurate count of how many will receive them. We will then come back to the council with a resolution authorizing the transfer of funds from contingency. RECOMMENDATION: The City Council approve the resolution authorizing the program for offering vaccinations to certain police, fire and recreation employees. • i �7Q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING PROGRAM FOR OFFERING VACCINATIONS TO CERTAIN POLICE, FIRE, AND RECREATION PERSONNEL WHEREAS, Minnesota OSHA standards adopted April 4, 1990 require that Hepatitis B vaccinations shall be offered to certain defined "at risk" employees; and WHEREAS, the City has employees in the Police, Fire and Recreation department whose job classifications fall in the definition of "at risk" employees. NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Brooklyn Center that a program is authorized to offer vaccinations to those defined "at risk" employees to get a count of the number employees who will participate in order to request the proper funding. Date Todd Paulson, Mayor ATTEST: Deputy 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. ' f> "•'INNESOTA OCCUPAT101 AL SAFETY Number: 132F AND HEALTH DIVISION POLIO' �. Issue Date: April 4, ] 990 Page 1 of 11 APPROVED: SUBJECT: Bloodborne Disease EFFECTIVE: Immediately PURPOSE: To provide guidelines for the inspection of workplaces where emplovees are at substantial risk of exposure to bloodborne disease. BACKGROUND: A. INTRODUCTION The Centers for Disease Control (CDC) of the U. S. Department of Health and Human Services (HHS) believe that as many as 18.000 health -care workers per year may be infected by the Hepatitis B Virus (HBV). Nearly ten percent of those who become infected become long -term carriers of the virus and may have to give up their profession. Several hundred health -care workers will become acutely ill or 'jaundiced from hepatitis B, and as manv as 300 health -care workers may die annually as a result of hepatitis B infections or complications. Infection with the Human Immuno- deficiency Virus (HIV) (which causes AIDS) in the workplace represents a small but real hazard to health -care workers. The CDC expects that with 1.5 million persons now believed to he infected by HIV, the number of AID` cases in the general population may grow to as man% as 270.000 by 1991 from.: the 54.000 which had been reported by June, 1988. The increases in AIDS cases and in the number of individuals who are infected with the virus will mean an increased potential for exposure to health -care and other workers. Fortunatelv there are reasonable precautions which can be taken by workers to prevent exposure to HBV. HIV. and other bloodborne infectious diseases. Precautions for HBO" and HIV have been published by the CDC on several occasions, most recently on June 24, 1988. An advisory notice, entitled "Protection Against Occupational ExposurF- to Hepatitis B Virus (HBV) and Human Immuno - deficiency Virus (HIV)," reflects many of the precautions addressed in the CDC guidelines and includes other precautions which should be considered. The CDC guidelines have been incorporated into Occupational Safety and Iiealth Policy by Federal OSHA in their CPL 2 -2.44B published on February 2, 1990. In addition, Federal OSHA has proposed rulemaking covering Bloodborne PF.thogens (29 CFR 1910.1030) which may not be adopted until 1991. In the interim, this directive sets forth Minnesota OSHA's policy for enforcement of existing standards applying to the occupational hazards of bloodborne diseases. Police Number: 132B Issue Date: A p ril 4 1 00 Page of 1� B. OCCUPATIONS AT RISK Employees in any occupation where they are exposed to blood. body fluids, or needlestick exposures are considered to be at substantial risk of occupational exposure to bloodborne disease. Thee include, but are not limited to, nurses, physicians. pathologists, dentists and other dental workers, podiatrists, laboratory and hlood -bank technologists and technicians, phlebotomists, dialysis personnel, medical technicians. 1 -ray technicians, orderlies, medical examiners, morticians. housekeepers, laundry workers, research laboratory workers, and others whose work involves contact with blood or other body fluids from living individuals or from corpses. Other personnel, such as paramedics, emergency medical technicians, law enforcement personnel, firefighters, lifeguards, corrections officers, and others whose jobs may require first- response medical care or potential contact with blood or body fluids, are also at risk. C. MODES OF TRANSMISSION In the U.S., the major mode of HBV and HIV transmission is sexual. both homosexual and heterosexual. Also important is parenteral (entry into the bode by a route other than the gastrointestinal tract) transmission by shared needles among intravenous drug abusers and, to a lesser extent, in needlestick injuries or other exposures of workers to blood. These viruses are not transmitted by casual contact, fecal -oral or airborne routes, or by contaminated food or drinking water. Workers are at ri of infection to the extent they_ are exposed to blood and other bode fluids. Ernnloym without that exposure, even in a hospital, carries no greater risk than that for t general population. The same personal protective equipment and work practices used to prevent occu- pational transmission of HBV are effective in preventing occupational transmission of HIV. A major difference between the two viruses is that there is currently a vaccine to prevent HBV infection which is recommended by CDC for persons at substantial risk of occupational exposure; no such vaccine exists for IIIV. The CDC has called for use of "universal precautions" when working with blood and /or body fluids from any patient. D. DEFINITIONS Body Fluids Fluids that have been recognized by CDC as directly linked to the transmission of HIV /HBN' and /or to which universal precautions apply (regulated body fluids) including blood, semen, blood products, vaginal secretions, cerebro- spinal fluid, synovial fluid. pleural fluid, peritoneal fluid, pericardial fluid, amniotic fluid, and concentrated HIV or HBV viruses. Policy Number: 132B Issue Date: .April I9PCI Page 3 of I Infection Control (IC) Program An IC program is the oral and written policy and implementation of procedures relating to the control of infectious disease hazards where emplovees may be exposed to direct contact with body fluids. An IC program must address all areas outlined in this policy as part of the Ricrht- to -Knmv requirements. Phlebotomist A phlebotomist is any health care worker who draws blood samples. Universal Precautions The term "universal precautions" refers to a system of infectious disease control which assumes that every direct contact with body fluids is infectious and requires every employee exposed to direct contact with bony fluids to be protected as though such body fluids were HBO' or HIV infected. Therefore. universal precautions are intended to protect employees from parenteral. mucous membrane. and nonintact skin exposures to bloodborne pathogens. ACTIONT MNOSIIA will respond to complaints and conduct other inspections to assure that appropriate measures are being taken to eliminate employee exposure to bloodborne diseases. Some specific inspection guidelines follow: A. EI:IPLOYEE NOTIFICATION There is no hazard of casual transmission of AIDS from one employee to another so an employer is not required to inform employees that another employee has B. INSPECTIOI' PROCEDURES I. Entry of Establishment a. Follow normal entry and opening conference procedures but in addition .to the management official. request the presence of the person responsible for providing records pertinent to the Infection Control (IC) Program. b. A careful examination of the IC Program and Right -te -Know training is basic to workplace inspections where employees are at suhstantial risk of exposure to bloodhorne disease. (See Appendix 1328) C. Review OSHA 200 Logs for entries of employee exposure to HIV /HBO'. Employers are required to record needlesticks on the OSHA 200 form if medical treatment is required. Medical treatment is reeuired when injuries (i.e., needlesticks, cuts, etc.) involve exposures to regulated body fluids; when the exposed worker's skin is chapped, abraded, or otherwise nonintact; when the source patient is known or suspected to be infectious: or when the source patient's health status is unknown. Use of prescription medication (bevond a single dose for minor iniir -y or discomfort) is considered medical treatment. Therefore. PT N* nee,'lesticl• requiring medical treatment (e.g., gamma globulin, hepatitis E immune globulin, hepatitis B vaccine, etc.) shall be recorded. In addition. since this type of treatment is considered absolutely necessary, and must he administered by a physician or licensed medical personnel. such an in?ury cannot be considered minor. Police Number: 1326 Issue Date: April 4. 1990 Page a of T 2. Walkaround a. All inspections, programmed or unprogrammed. conducted at health care facilities or other facilities (such as manufacturing plants) which support an onsite health care unit shall he directed to all areas involving the hazard of direct exposure. to body fluids. i. Primary areas of concern are areas of direct exposure such as emergency rooms, operating rooms, direct patient care areas, laboratories, and X -ray areas. Secondary areas of concern are laundry and housekeeping. ii. Employee interviews must he held in all selected areas to verify the accuracy of the records and effectiveness of the IC program. Employees must verify the employer's statements about training and efforts to protect employees from exposure to potential infectious disease sources. iii. Documentation must be included in the narrative covering the high- lights of the program review. C. IVORKER TRAINING 1. Employers must train all employees at substantial risk of infection (see list in B above). A survey should be done to identify employees with risk of expos to regulated bode fluids. Training must include all items in "'inn. P.i 5206.0700, Subparts 1 and 4. as well as training requirements in other applicable OSHA standards including: a. A written training program and records of training. The training program should include the elements listed in Appendix 132B. b. Specific written information must be available to employees. C. Training must be given prior to initial assignment, prior to assignment to any other bloodborne virus exposure for which the employee has not previously received training, and updated each year. d. Information must be current and maintained for requests by employees e. Training must include the chain of infection (agent, reservoir, transmission mode, etc.); prevention techniques including universal precautions (i.e., treat all body fluids as potentially infectious); use of personal protective equipment; proper work practices, etc.; and special hazards (e.g., risks to the fetus from infectious diseases). f. Employees must be made aware of the facility's immunization practices. Hepatitis B Vaccination The facility's IC policy regarding hepatitis R vaccinations shall address all circumstances warranting such vaccinations and shall identify employees at substantial risk of directly contactine body fluids. All such employees shall he offered Hepatitis B vaccinations in amounts and at times prescribed by standard medical practice. Cite General Dutv for failing to provide the IiBV vaccination or if the emplo provides but does not pay for the cost of required vaccinations. r CITY OF BROOKLYN CENTER Council Meeting Date 2/11/91 Agenda Rem Number Alf REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STATE OFFICE OF DRUG POLICY *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - tit[ - Ja es Lindsay, Chief of Police._ MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • SUMMARY EXPLANATION: (supplemental sheets attached yes ) The Humboldt /Camden Task Force made application and was approved for a grant through the Minnesota Office of Drug Policy in the amount of twenty -five thousand dollars ($25,000). These monies are to be used to hire the services of an outreach worker to work with the youth in Brooklyn Center who are considered to be "at risk" of joining gangs and other similar types of illegal activities. We have contracted with an organization named I.N.V.I.T.E. to provide this outreach worker. A representative from the State's Office of Drug Policy has approved the program. In order to receive the grant monies, the State requires the City pass a resolution authorizing the execution of whatever agreements are deemed necessary to get the program operational. RECOMMENDATION: The City Council adopt the resolution authorizing execution of an agreement with the State Office of Drug Policy. i - 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STATE OFFICE OF DRUG POLICY BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center enter into a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for the project entitled, "At Risk Youth Outreach Worker ", during the period from March 1, 1991 through February 29, 1992. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy 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 Council Meeting Date Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING BIDS AND AUTHORIZING PURCHASE OF THREE (3) SQUAD CARS, ONE D.A.R.E. VAN, AND ONE USED LEASE VEHICLE DEPT. APPROVAL: Signature - ti - Jgmes Lindsay, Chief of Police MANAGER'S REVIEW /RECOMMENDATION: =% No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached yes ) The City opened bids for squad cars and the D.A.R.E. van on Tuesday, February 5, 1991. All bids came in over what was budgeted. In order to still purchase all the vehicles needed, the department proposes to purchase three marked squads, the D.A.R.E. van, and one used lease vehicle for the investigative division. In the squad car bids, Iten Chevrolet submitted the lowest bid of $13,200 per vehicle; however, there were some deficiencies with the bid submitted. They did not bid a police package and further did not bid the eurosport option which has been accepted in the past as a replacement. They bid their standard Lumina. They also did not bid for spotlights on the vehicles and stated that spotlights could not be placed on the vehicles. They have since given us further information on the Lumina with the eurosport option and the spotlight which placed their bid at approximately $14,200 per vehicle. We budgeted the squad cars at $13,500 per vehicle. Superior Ford bid $13,469 per vehicle and listed the spotlights as an option at $150 each for a total price of $13,619 • per vehicle. This would be $119 over budgeted price per vehicle. At this time we recommend the purchase of three (3) Ford Taurus with the police package. We would place two into service as marked squads and the third would be used as the Captains' vehicle. The Captains' current vehicle is a Taurus with a police package which would be converted to a marked squad. Normally, the fourth vehicle would go into service as the Chief s vehicle and his current vehicle would go to the investigative division. We recommend the Chief retain his current vehicle which is a Taurus with a police package and the remaining money in the budget after the purchase of three squads be used to purchase a used lease vehicle for the investigative division as we have done in the past. With the Chief retaining the Taurus and the Captains having a Taurus, both with police packages, this allows us two vehicles that can be converted to marked squad cars in case we have squads totaled in accidents. We did not have this occur in 1990, but in the past we have had as many as two squads totaled in one year. We believe having these two vehicles available for possible conversions is important and keeps the time needed to get a new squad in operation down to a minimum. Three companies entered bids on the D.A.R.E. van. North Star Dodge bid $13,170, Superior Ford bid $14,343, and Iten Chevrolet was low bid at $12,496.91. We had only $11,000 in the budget for this vehicle. We now propose to purchase the three Tauruses at $13,619 each for $40,857 plus the • D.A.R.E. van at $12,496.91 for a total of $53,353.91. As there is $65,000 in the budget for the purchase of these vehicles, this would leave us with $11,646.09 to purchase the used lease vehicle. We have a quote from Autonet Leasing for a 1990 Tempo of $8,800. The vehicle has approximately 11,500 miles on the odometer. This vehicle has been reviewed by the investigators and they feel it would be an appropriate addition to their fleet. We have also had the vehicle inspected by the staff of the City garage and they have approved the vehicle. RECOMMENDATION: The City Council adopt the resolution accepting bids and authorizing the purchase of three (3) squad cars, one (1) D.A.R.E. van, and one used lease vehicle. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS AND AUTHORIZING PURCHASE OF THREE (3) POLICE PATROL SEDANS, ONE (1) D.A.R.E. VAN AND ONE (1) USED LEASE VEHICLE WHEREAS, appropriations were approved in the 1991 budget for the purchase of four (4) police patrol sedans and one (1) D.A.R.E. van; and WHEREAS, the total appropriation for the five vehicles is $64,800; and WHEREAS, two bids were received as follows for the police patrol sedans: Company Bid (per vehicle) Iten Chevrolet $13,200 Superior Ford $13,619 WHEREAS, the bid from Item Chevrolet is hereby rejected because the vehicles bid do not meet the specifications; and WHEREAS, three bids were received as follows for the D.A.R.E. van; Company Bid Iten Chevrolet $12,496.91 North Star Dodge $13,170.00 Superior Ford $13,333.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of three (3) police patrol sedans from Superior Ford, in the amount of $40,857 and the purchase of one (1) D.A.R.E. van from Iten Chevrolet, in the amount of $12,496.91 is hereby approved. BE IT FURTHER RESOLVED the expenditure of $8,800 from the total appropriation is hereby approved for the purchase of a used lease car from Autonet Leasing. RESOLUTION NO. Mayor Date Todd Paulson, Ma i y ATTEST: Deputy 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 Cound! Meeting Date 2 / 11 /91 Agenda Item Number ?/f REQUEST FOR COUNCIL CONSIDERATION DDDRCC ITEM DESCRIPTION: RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT TO THE TRANSCONTINENTAL INSURANCE COMPANY *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: �a�+►�vJ Director of Finance Signature - title ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * ** * ** * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached I have attached a resolution which, if adopted by the City Council, would award a • liquor liability insurance contract to the Transcontinental Insurance Company. The City's insurance agent received two proposals for insurance coverage. The liquor liability insurance market is very limited and several insurers have failed in the last few years. It is therefore important to contract with a financially sound company. The proposal from our present insurer, the Transcontinental Insurance Company was for an annual premium of $23,360 based on our estimated liquor sales of $2,400,000. The proposal was $400 higher then the proposal received from the Empire Insurance Company. However, the City's insurance agent stongly recommends that we accept Transcontinental's proposal because it is much more financially sound then Empire. The annual premium increased by $5,540 primarily because of a change in underwriting rules which eliminated the previous ten per cent credit for alcohol server awareness training of off -sale employees and one claim filed in 1990 which has not been resolved. STAFF RECOMMENDATION Staff recommends that we renew our liquor liability insurance coverage with Transcontinental Insurance Company. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution awarding liquor liability insurance contract to the Transcontinental Insurance Company. Member introduced the following resolution and moved its adoption: RESOLUTION NO. 'I RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT TO THE TRANSCONTINENTAL INSURANCE COMPANY ------------------------------------------------------- WHEREAS, the Director of Finance and the City's Insurance Agent have requested proposals for the City's liquor liability insurance coverage; and WHEREAS, proposals were received as follows: Rate Per Estimated Company $100 of Sales Annual Premium --------------- - - - - -- --------- - - - - -- -------- - - - - -- Transcontinental Ins. Co. 0.9733 $23,360 Empire Insurance Company 0.9566 $22,960; and WHEREAS, the City's insurance agent has recommended the acceptance of the proposal of Transcontinental Insurance Company because, even though its proposal is $400 more then the proposal of Empire, it is a financially stronger company and is our current insurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the proposal of Transcontinental Insurance Company and award it the insurance contract for the City's liquor liability insurance coverage to be as follows: G - Liquor Liability (Off -Sale) $1,000,000 BI each person $1,000,000 BI each occurrence $1,000,000 PD each occurrence $1,000,000 Loss of means of support each person $1,000,000 Loss of means of support each occurrence Estimated Annual Sales of $2,400,000 Estimated Annual Premium of $23,360 BE IT FURTHER RESOLVED that the Brandow Howard Kohler & Rosenbloom, Inc. (BHK &R) Agency be designated as the agent of record for said insurance coverage. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by P 9 Y 9 member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I' ,I B H K R Insurance Counselors Risk Managers CITY OF BROOKLYN CENTER Liquor LiabilityComparison 1/1/91 -92 Rates per 1000 Store Est. Receipts Empire Transcontinental* Humboldt $800,000 1.07 1.08 Boulevard 800,000 .90 .92 Northbrook 800,000 .90 .92 Best Guide Rating A -VI A +15 * Incumbant and current carrier KBP /kp BROOKCTR 1 0 BRANDOW HOWARD KOHLER & ROSENBLOOM, INC. Olympic Place 7825 Washington Ave. South Minneapolis, Minnesota 55439 -2433 612- 944 -8885 FAX 612 - 944 -9795 Telex 29 -1030 ® Assurex international Independent Insurance ,4. Agents of America Sl�IRE ers e CITY OF BROOKLYN CENTER Council Meeting Date 2 11 -91 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION 18 ITEM DESCRIPTION: RESOLUTION DESIGNATING BHK &R AS THE CITY'S INSURANCE AGENT DEPT. APPROVAL: q a-11kW1 Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: y No comments to supplement this report Comments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached I have attached the proposed agreement to renew the services of Brandow Howard • Kohler & Rosenbloom, Inc. (BHK &R) as the City's insurance agent for 1991. In 1989, the City switched from paying insurance commissions to insurance agents for insurance written for the City to a fee - for - service contract. Under this contract, the City pays a flat fee for all services performed by the City's insurance agent during the year. In 1989, the City solicited proposals from various insurance agents to provide the fee- for - service. BHK &R was selected to be the City's insurance agent for 1990. Staff has been very pleased with the services given by BHK &R and we have realized a considerable savings by doing away with the commissions paid. BHK &R has submitted a proposal to renew the 1990 contract for 1991. The proposal includes an approximate five per cent increase over the fee paid in 1990. The increase is primarily due to increased insurance coverage for the Earle Brown Heritage Center and inflation. Both our insurance consultant, American Risk Management, and I feel that the increase is justified. STAFF RECOMMENDATION Staff recommends that we renew the agreement with BHK &R to serve as the City's insurance agent for 1991 at an annual fee of $8,600. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution designating BHK &R as the City's insurance agent. �s Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING BHK &R AS THE CITY'S INSURANCE AGENT ---------------------------------------------------------- WHEREAS, the City Council did request proposals for services as the City's insuance agent for the calendar year 1990 on an annual fee - for - services basis; and WHEREAS, BHK &R was designated as the City's insurance agent for the period from January 1, 1990 through December 31, 1990 at an annual fee - for - service of $8,200; and WHEREAS, BHK &R has given good service to the City and the City Council wishes to extend the agreement for services for another year; and for 1991. WHEREAS, the Director of Finance has negotiated an annual fee - for - services NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to designate BHK &R as the City's insurance agent for the period from January 1, 1991 through December 31, 1991 at an annual fee - for - services of $8,600. Date Todd Paulson, Mayor ATTEST: Deputy 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. ' B H K C; R Insurance Counselors Risk Managers AGREEMENT City of Brooklyn Center, hereinafter "Client ", agrees to engage the services of Brandow Howard Kohler & Rosenbloom, Inc., 7825 Washington Ave. S., Bloomington, MN 55435, hereinafter "BHK &R ", and BHK &R agrees, as a function of their Business of General Agents, Insurance Agents or Insurance Brokers to advise Client in management of risks of loss generally covered by property and casualty insurance, the above risks hereinafter "general insurance risks ", and to procure or attempt to procure on Client's behalf such insurance as Client may designate, subject to the following terms and conditions: I. EFFECTIVE DATE AND TERM This agreement shall begin on 1/1/91 and shall continue until 1/1/92 and thereafter shall continue from year to year. Either party may terminate this agreement at any anniversary by giving written notice at least ninety (90) days prior to such anniversary date. II. OBJECTIVE OF AGREEMENT BHK &R will employ its technical knowledge, its knowledge of general and specific market conditions in the assumption of such insurance management functions as Client and BHK &R mutually deem to be appropriate. Client understands that BHK &R will act in the dual capacity of risk management counselor and insurance agent and /or broker. III. BASIS OF COMPENSATION The annual fee for consulting services provided by employees of BHK &R during the current year of this agreement will be $8,600. The fee is payable upon execution of the agreement and is fully earned as of that date. BRANDOW HOWARD KOHLER & ROSENBLOOM CLIENT: CITY OF BROOKLYN CENTER BY: BY: David J. Howard Paul Holmlund, Finance Director Date Date attach /kathleen /1 BRANDOW HOWARD KOHLER & ROSENBLOOM, INC. Olympic Place 7825 Washington Ave. South Minneapolis, Minnesota 55439 -2433 612- 944 -8885 FAX 612- 944 -9795 Telex 29 -1030 a ' 1%. 1, - Assurex International Independent lnsurancP Agents of America j- jj jp,E Intersure Risk Management Consultants Northwest Business Campus =4 American Risk Services, Inc. 3033 Campus Drive Suite A 418 Minneapolis, MN 55441 -2620 January 16, 1991 (612) 559 -7300 Mr. Paul W. Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Fee - For - Service Contract Dear Paul: I am enclosinq a letter we received from David J. Howard in regard to their Fee - For - Service Contract for the renewal year. Even though this fee is $400.00 higher than the prior year I still feel it is a highly competitive fee and recommend acceptance. Mr. Howard has shown his interest by being at various safety meetings and, I believe, has handled the insurance appropriately. I would appreciate hearing from you should you have any questions or problems with this requested agreement. g nc r ncrly, ohn R. Simacek ice President Enclosure 101:40 CITY F BROOKLYN ROOKLYN CENTER Council Meeting Date 2 -11 -91 Agenda Item Number Z V REQUEST FOR COUNCIL CONSIDERATION DDDRCC *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AWARDING WORKERS' COMPENSATION INSURANCE CONTRACT TO THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. AP OVAL: 0 � vr, Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: e No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached I have attached a resolution, which if adopted by the City Council, would renew the • City's workers' compensation insurance with the League of Minnesota Cities Insurance Trust (LMCIT). The annual premium of $216,849 is an estimate based on the projected payroll for 1991 and the final premium is determined at year end when payroll costs are available. STAFF RECOMMENDATION -------------------- Staff recommends that the City renew its workers' compensation insurance contract with LMCIT. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution workers' compensation insurance contract to LMCIT. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING WORKERS' COMPENSATION INSURANCE CONTRACT TO THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) ----------------------------------------------------------- WHEREAS, the Director of Finance and the City's Insurance Agent have negotiated an annual renewal premium for the City's workers' compensation insurance coverage and it is as follows: League of Minnesota Cities Insurance Trust (LMCIT) -------------------------------------------------- Workers' Compensation $216,849 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the negotiated insurance renewal and award the contract as stated; and BE IT FURTHER RESOLVED that the Brandow Howard Kohler & Rosenbloom, Inc. (BHK &R) Agency be designated as the agent of record for said insurance coverage. Date Todd Paulson, Mayor ATTEST: Deputy C1 erk 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. League of Minnesota Cities Insurance Trust Workers' Compensation and Employers' Liability Agreement Administrator Employee Benefit Administration Co. 8441 Wayzata Blvd., Suite 200 Minneapolis, MN 55426 -1392 Phone (612) 544 -0311 ENDORSEMENT 1. The 'City" Agreement No. 02-139-10 BROOKLYN CENTER AGREEMENT PERIOD: 01 -01 -91/92 6301 SHINGLE CREEK PARKWAY ENDDRSEMENT EFFECTIVE: 01 -01 -91 BROOKLYN CENTER MN 55430 THE ESTIMATED ANNUAL REMUNERATION IS HEREBY CHANGED TO READ: Premium Basis Esti- Rates Code Entries in this item, except as specifically provided Estimated mated total annual Per $100 of No. Elsewhere in This Agreement, Do not Modify any of the Annual Remuneration Remuneration Other Provisions of this Agreement Premium 327000. 9.79 5506 STREET CONSTRUCTION & MAINTENANCE 32013. 223000. 3. 90 7520 WATERWORK'S 8697. POP 31230. 93.73 7708 FIREFIGHTERS (VOLUNTEER) 29272. 41000. 11.36 7706 FIREFIGHTERS (NOT VOLUNTEER) 465G. 1342000. 5.48 7720 POLICE 73542. 227000. 2.97 8017 OFF SALE LIQUOR STORE 6742. 112000. 4.68 8227 CITY SHOP & YARD 5242. 967000. 0.47 8010 CLERICAL 4545. 196000. 12.01 9015 BUILDING MAINTENANCE & REPAIR 23540. 89000. 2.79 90 &:j CLUB- COUNTRY /GOLF 2483. G0 20 j0 0 . 6.06 9102 PARES 49601. 763000. 3.52 9410 MUNICIPAL EMPLOYEES 26858. 20000. 3.52 9411 ELECTED OR APPOINTED OFFICIALS 704. Manual Premium 266897. Agent: Experience Modification 0.91 F- 410871265 0.00 Standard Premium 242376. Premium Discount 26027. BRANDOW.HOWARD.KOHLE Discounted Standard Premium 216849. 7825 WASHINGTON AV S LMC Insurance Trust Discount 0% 0. BLOOMINGTON MN 55439 01/15/1991 Net Deposit Premium 216849. Date: ERA 468 (10-87) CITY OF BROOKLYN CENTER Cound Meeting Date 2 -11 -91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • ********************#***** f************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AWARDING BOILER AND MACHINERY INSURANCE CONTRACT TO THE HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY DEPT. APPROVAL: Q 01-A w . 4 Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: " No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached I have attached a resolution, which if adopted by the City Council, would renew the • City's boiler and machinery insurance coverage with The Hartford Steam Boiler Inspection and Insurance Company. This is a specialty insurance and is not offered by the League of Minnesota Cities Insurance Trust (LMCIT). The City has been insured with Hartford for many years and have received excellent coverage when we have had losses. We have also used their expertise when we needed advise on boiler and machinery matters. The annual premium did increase from $2,162 to $3,398 for 1991. But this was due primarily to added coverage at the Earle Brown Heritage Center. STAFF RECOMMENDATION Staff recommends that the City renew its boiler and machinery insurance coverage with Hartford. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution awarding boiler and machinery insurance contract to the Hartford Steam Boiler Inspection and Insurance Company. • No Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING BOILER AND MACHINERY INSURANCE CONTRACT TO THE HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY ------------------------------------------------------------- WHEREAS, the Director of Finance and the City's Insurance Agent have negotiated an annual renewal premium for the City's boiler and machinery insurance coverage and it is as follows: The Hartford Steam Boiler Inspection & Insurance Company -------------------------------------------------------- Boiler and Machinery $3,398 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the negotiated insurance renewal and award the contract as stated; and BE IT FURTHER RESOLVED that the Brandow Howard Kohler & Rosenbloom, Inc. (BHK &R) Agency be designated as the agent of record for said insurance coverage. Date Todd Paulson, Mayor ATTEST: Deputy 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 Counts! Meeting Date 2- 1 / 1 ' -91 Agenda Item Number ? � V REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION TO AMEND THE 1990 AND 1991 GENERAL FUND BUDGETS TO CARRY - FORWARD UNEXPENDED 1990 FUNDS APPROPRIATED FOR KYLAWN AND NORTHPORT PARKS TRAIL SECURITY LIGHTING TO THE 1991 BUDGET *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Q �A W. Director of Finance Signature - title *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: r '' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached I have attached a memorandum to me from Dick Ploumen, Public Works Superintendent. • In his memo, Mr. Ploumen explains that money appropriated in the 1990 Budget for security lighting at Kylawn and Northport Parks was not spent for that purpose in 1990 because of construction delays by the contractor. The work must now be delayed until spring of 1991. As you know, any appropriations not expended by year -end are canceled and the monies are returned to our fund balance. Mr. Ploumen has requested that these funds be reappropriated to his 1991 budget. I have attached a resolution which would do that. STAFF RECOMMENDATION --------------- - - - -- Staff recommends that the amount of $9,625 not spent in the 1990 budget be reappropriated to the 1991 budget. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution amending the 1991 and 1990 Budgets to carry- forward the Unused appropriation from 1990 to 1991. A/V Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO AMEND THE 1990 AND 1991 GENERAL FUND BUDGETS TO CARRY - FORWARD UNEXPENDED 1990 FUNDS APPROPRIATED FOR KYLAWN AND NORTHPORT PARKS TRAIL SECURITY LIGHTING TO THE 1991 BUDGET -------------------------------------------------------------- WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if funds were appropriated for a specific purpose, but not expended for that purpose, in a previous fiscal year; and WHEREAS, the 1990 Budget appropriated $9,625 for security lights on the trails in Kylawn and Northport Parks; and WHEREAS, a contract was let in 1990 for the installation of the security lights; and WHEREAS, because the wrong lighting fixtures were sent to the contractor, the contractor was not able to install the security lighting before winter; and WHEREAS, installation was delayed until the spring of 1991; and WHEREAS, the 1990 unspent appropriation was closed into Fund Balance at year end. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of - Brooklyn Center to amend the 1991 General Fund Budget as follows: Increase the Appropriation for'Other Improvements, Parks Maintenance Budget (01- 4530 - 419 -69) by $9,625 Increase Transfers From Fund Balance (01 -3960) by $9,625; and - BE IT FURTHER RESOLVED to amend the 1990 General Fund Budget as follows: Decrease the Appropriation for Other Improvements, Parks Maintenance Budget (01- 4530 - 419 -69) by $9,625 Decrease Transfers From Fund Balance (01 -3960) by $9,625 Date Todd Paulson, Mayor ATTEST: Deputy 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. p 1 sa ' q _ �9 T0: Paul Holmlund 1` ! 1 From: Dick Ploumen, Public Works Superintendent U Date: January 28, 1991 RE: 1990 Budget Dept. 69 The 1990 Department 69 Budget reflects a line item for security lights on the trails in Kylawn and Northport Parks for the amount of $9,625.00 We took bids to have these lights installed. Collins Electric was the low bid at $9,200.00 Collins ordered the poles and the fixtures to be installed by December 1, 1990. A problem arose when the wrong fixtures were sent to Collins, with the result being the poles and fixtures were not installed by December 1, 1990. Collins Electric has assured me that they will guarantee the price of $9,200.00 when the right fixtures come in and will install them in the Spring of 1991. What I am asking is if this money can be brought over from the 1990 Budget to the 1991 Budget. CITY OF BROOKLYN CENTER Counts! Meetin Date 2 -1_ 1 -91 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE WRITE -OFF OF THE BALANCE OF THE EARLE BROWN DAYS COMMITTEE ACCOUNTS RECEIVABLE FOR CONSTITUTION HALL SIGNAGE DEPT. APPROVAL. Director of Finance Signature -, title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached In 1987, when the City began remodeling the Community Center Social Hall, the Earle • Brown Days Committee agreed to pay $7,570 for the cost of a wall emblem, door entry signs, and the framing of a copy of the Constitution for the hall which was to be renamed Constitution Hall. The City paid for the improvements and invoiced the Earle Brown Days Committee for the agreed upon amount. Because of other unanticipated epenses, the Earle Brown Committe requested in 1988, and the City Council agreed, that its share be reduced by $3,030. To -date, the Committee has made no payment on the outstanding receivable. From the most recent minutes of the Earle Brown Days Committee (attached), it appears that the Committee has no funds to pay on the receivable and it also appears that there will be no funds for that purpose in the near future. Therefore, I would recommend that I be authorized to write the balance of the receivable from the City's books. STAFF RECOMMENDATION Staff recommends that the Director of Finance be authorized to write -off the remaining $4,540 of the accounts receivable due from the Earle Brown Days Committee. Staff further recommends that the expense be charged to the Capital Improvements Fund, which financed the hall remodeling. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL Pass write -off of the balance of the Earle Brown Days Committee Acounts Receivable for Constitution Hall Signage. NVV Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE WRITE -OFF OF THE BALANCE OF THE EARLE BROWN DAYS COMMITTEE ACCOUNTS RECEIVABLE FOR CONSTITUTION HALL SIGNAGE ---------------------------------------------------------------------------- WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution 87 -38 which established Improvement Project No. 1987 -05 for Community Center improvements within the Capital Projects Fund; and WHEREAS, as part of the remodeling of the Community Center Social Hall and the renaming of the hall to Constitution Hall, the Earle Brown Days Committee agreed to pay for a wall emblem, door entry signs, and framing of a copy of the Constitution for the hall in the amount of $7,570; and WHEREAS, the City of Brooklyn Center has paid for these improvements and has invoiced the Earle Brown Days Committee for the expenses, which was to be paid to the City in three annual installments; and WHEREAS, the City Council did, by the adoption of Resolution No. 88 -191 on November 21, 1988, reduce the receivable from the Earle Brown Days Committee by $3,030 because of other unanticipated expenses incurred by the Committee; and WHEREAS, the receivable balance of $4,540 has not been paid and the Earle Brown Days Committee has no resources to pay the balance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Director of Finance to write -off the receivable balance of $4,540 owed by the Earle Brown Farm Committee and charge the expense to the Capital Projects Fund. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. �$ Earle Brown Days Brooklyn Center Minnesota 6301 Shingle Creek Parkway 55430 (612) 561 -5440 Earle Brown Days Meeting Minutes November 20, 1990 City Hall PRESENT: Bergeland, Nerburn, Neilson, Dorff, Slupske, Vreeland, Risley, Roen, LaCrosse, Cummings. FINANCIAL REPORT: Bergeland reported the financial status is bad. EBD still owes BFI $211 and North Star Risk $135. Cohen sent out a letter to over two dozen businesses asking for contributions for start up money of $2,500. So far there hasn't been any response. BFI sent out a notice to take legal action against EBD to collect their money. Balance as of 11/19/90 is $8.08. Vreeland said we shouldn't pay bond insurance. She also said she could arrange with the chamber's insurance company a rider for liability for Earle Brown Days events at a cheaper price. LaCrosse said she would discuss the insurance matters with Paul Holmlund. Cummings talked about the problem of requiring two signatures on checks. Many times they went out with just her signature. There was a motion by Vreeland to change the bylaws to require the signature of the treasurer and to have the statements checked quarterly by the co- chairs and the financial chair. Seconded by Neilson. Motion passed. Tom Slupske received a plaque from the City Council in appreciation for his work on the EBD committee. Board Members: Roxana Benjamin is interested in becoming a board member and serving as publicity chair. Motion by Vreeland, seconded by Dorff for Benjamin to be elected to a three year term to expire 12/31/93. Motion passed. Bergeland reported that Graffunder said he could only continue if we used him strictly as legal counsel. If not, he would have to resign. Risley made a motion that we should honor his request to use his legal services. Seconded by Nerburn. Motion passed. Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 88 -191 RESOLUTION REDUCING THE EARLE BROWN DAYS COMMITTEE ACCOUNT RECEIVABLE FOR CONSTITUTION HALL SIGNAGE WHEREAS, the City Council of the City of Brooklyn Center passed Resolution 87 -38 which established Improvement Project No. 1987 -05 for community center improvements; and WHEREAS, as part of the remodeling of the Brooklyn Center community center social hall and the renaming of this hall to Constitution Hall, the Earle Brown Days Committee agreed to incur expenses for a wall emblem, door entry way signs, and framing of a copy of the Constitution for the hall in the amount of $7570.00; and WHEREAS, the City of Brooklyn Center has paid for this signage and invoiced the Earle Brown Days Committee for the expenses, to be paid to the City in three annual installments; and WHEREAS, the Earle Brown Days Committee has incurred other unanticipated expenses in 1988; and WHEREAS, it is the desire of the Brooklyn Center City Council to reduce by $3,030.00 the balance due from the Earle Brown Days Committee for - the Constitution Hall signage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the receivable from the Earle Brown Days Committee be reduced by $3,030.00. November 21, 1988 Date J Mayor / ATTEST: DeP6ty City Y Clerk 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 against the same: none, whereupon said resolution was declared duly passed and adopted. UTt v �e �d -Zee CITY OF BROOKLYN CENTER Council Meeting Date 2/11/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Performance Guarantee Release - Ethan Allen Furniture DEPARTMENT APPROVA Signat re - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The following performance Guarantee is recommended for release: • 1. Ethan Allen Furniture Store 5939 John Martin Drive Planning Commission Application No. 89016 Amount of Guarantee - $7,000 escrow agreement Obligor - FSB Real Estate All improvements have been installed in accordance with the approved plans. Recommend total release. Submitted by a444 sl Gary Sha lcross, Planner Licenses to be approved by the City Council on February 11, 1991 AMUSEMENT DEVICE - VENDOR C.D.L., Inc. 1317 No. Hwy 169 y ?, Deputy Cl k BOWLING ALLEYS Lynbrook Bowl, Inc. 6357 No. Lilac Dr. '- Deputy erk� -f BULK VENDOR U Curtis Products, Inc. 2516 Dodds Avenue /1 D & G Vending, Inc. 4313 NE Washington St. A,) Sanitarian CATERING FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. - Sanitarian CIGARETTE LICENSE -OVER THE COUNTER SALES Applebee's 1347 Brookdale Center C.W.'s Corner 2200 Freeway Blvd. Jerry's New Market 5801 Xerxes Ave No. Lynbrook Bowl Inc. 6357 No. Lilac Drive Deputy Qerk FOOD ESTABLISHMENT � ti.'_.,�..•Y� General Mills Restaurants 1601 James Circle N. dba The Olive Garden Sanitarian / J GASOLINE SERVICE STATION Brooklyn Serv. Center, UNOCAL 76 6901 Brooklyn Blvd. Humboldt Unocal 76 6840 Humboldt Ave N. Metropolitan Transit Commission 560 6th Avenue N. U. S. West 150 S. 5th Street Bill West's Service Center 2000 57th Ave N. f ' Deputy, erk INSTALL MECHANICAL SYSTEMS �. LSV Metals, Inc. 6800 Shingle Crk. Pky. 1 B ilding Official NONPERISHABLE VENDING MACHINES American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Apple Automatic Food Service 6313 Cambridge Street Royal Business Forms 6840 Shingle Crk. Pky. ARA Services 2830 North Fairview NWNL Insurance Co. 6200 Shingle Crk. Pky. Bro- Midwest Vending Co. 9110 Grand Avenue So. American Legion 4307 70th Avenue No. Beacon Bowl 6525 Lyndale Ave. No. Days Inn 1501 Freeway Blvd. Pilgrim Cleaners 5748 Brooklyn Blvd. Brooklyn Center Service 11 76" 6245 Brooklyn Blvd. Canteen Company of MN, Inc. 6300 Penn Avenue South Medtronics 6700 Shingle Crk. Pky. Consumer Vending 2828 Lyndale Ave. So. Target Stores 6701 Parkway Circle Earle Brown Bowl 6440 James Circle Iten Chevrolet Co. 6701 Brooklyn Blvd Lynbrook Bowl, Inc. 6357 North Lilac Drive MN Vikings Food Service, Inc. 5200 West 74th Street Hennepin Co. Service Center 6125 Shingle Crk. Pky. HIWAY 100 No. France Hlth Club 4001 Lakebreeze Ave. N. Schmitt Music 2600 Freeway Blvd. Norcroft,Inc. -City Wide Vending 8833 Jefferson Highway Brooklyn Center High School 6500 Humboldt Northern States Power 4501 68th Avenue N. Precision, Inc. 3415 48th Avenue N. Service America Corporation 7490 Central Ave. N.E. Dayton's 1100 Brookdale Center Graco 6820 Shingle Crk. Pky. MTC 6845 Shingle Crk. Pky. Theisen Vending Company 3804 Nicollet Ave. N. Brookdale Ford 2550 County Road 10 Budgetel Inn 6415 James Circle Econo Lodge 6445 James Circle Holiday Inn 2200 Freeway Blvd. Bill West's Service Center 2000 57th Ave. N. Twin City Vending Co., Inc. 1065 East Highway 36 Sears 1297 Brookdale Center Woodside Enterprises 11889 65th Avenue N. Brooklyn Center City Hall 6301 Shingle Crk. Pky. 1 Brooklyn Center Police Dept. 6301 Shingle Crk. Pky. Sanitarian U PERISHABLE VENDING MACHINES American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Apple Automatic Food Service 6313 Cambridge Street Royal Business Forms 6840 Shingle Crk. Pky. ARA Services 2830 North Fairview NWNL Insurance Co. 6200 Shingle Crk. Pky. Bro- Midwest Vending Company 9110 Grand Avenue So. Beacon Bowl 6525 Lyndale Avenue No. Canteen Company of MN, Inc. 6300 Penn Avenue S. Medtronics 6700 Shingle Crk. Pky. Consumer Vending 2828 Lyndale Avenue S. Target Stores 6701 Parkway Circle Iten Chevrolet Co. 6701 Brooklyn Blvd. MN Vikings Food Service, Inc. 5200 West 74th Street HIWAY 100 No. France Hlth Club 4001 Lakebreeze Ave. N. Schmitt Music Co. 2600 Freeway Blvd. Norcroft,Inc. -City Wide Vending 8833 Jefferson Highway Brooklyn Center High School 6500 Humboldt Service America Corporation 7490 Central Ave. N.E. Dayton's 1100 Brookdale Center Graco 6820 Shingle Crk. Pky. * MTC 6845 Shingle Crk. Pky. Twin City Vending Co., Inc. 1065 East Highway 36 ? Sears 1297 Brookdale Center Sanitarian POOL AND BILLIARDS TABLES Lynbrook Bowl, Inc. 6357 North Lilac Dr. Deputy Cf, rk I PERISHABLE FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. Sanitarian SPECIAL FOOD HANDLING ESTABLISHMENT Adventures in Video 6914 Brooklyn Blvd. Best Products Co., Inc. 5925 Earle Brown Drive Brooklyn Center Liquor Store #1 1500 69th Avenue N. Brooklyn Center Liquor Store JJ2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store J13 1966 57th Avenue N. F & M Distributors 5951 Earle Brown Dr. Fun Services, Inc. 3615 50th Avenue N. Kay -Bee Toy & Hobby 1320 Brookdale Center Main Street Video 6800 Humboldt Ave. N. Snyder Brothers Drug 1296 Brookdale Center Total Petroleum, Inc. 6830 Brooklyn Blvd. Sanitarian C * TAXICAB Suburban Yellow 3555 5th Avenue South Town Taxi 2500 Washington Ave.N. Chief of Police v GENERAL APPROVAL: P. Page, Depu y Clerk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 02 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (City), as follows: Section 1. Recitals 1.01. The Housing and Redevelopment Authority in and for the City of Brooklyn Center (HRA) adopted a project plan (Project Plan) for the Earle Brown Farm Redevelopment Project (Project Area) in accordance with Minn Stat. Sections 469.001 through 469.047 and a tax increment financing plan TIF Plan) in accordance with Minn Stat Sections 469.174 through 469.179 (collectively, the Plans) for the Earle Brown Farm (TIF District) and said Plans were thereafter approved by the City Council of the City of Brooklyn Center (City). 1.02. Responsibility for the Project Area and TIF District was shifted from the HRA to the Economic Development Authority for Brooklyn Center (EDA). 1.03. Changes in the budget for the public redevelopment activities undertaken in the Project Area have prompted the EDA to prepare a modified TIF Plan. 1.04. The modified TIF Plan is contained in a document entitled "Earle Brown Farm Redevelopment Plan and Modified Earle Brown Farm Tax Increment Financing Plan" dated February 1, 1991, now on file with the EDA. 1.05. On November 27, 1989, the City Council held a public hearing on the modification of the TIF Plan, which it continued April 9, 1990 . All persons desiring to comment on such modification were given an opportunity to be heard. 1.06. The EDA has approved the modified TIF Plan and referred it to the City Council for consideration as provided by state statute. 1.07. A copy of the modified TIF Plan was forwarded to Independent School District No. 286 and Hennepin County along with a notice of the public hearing as required by Minn Stat Sections 469.174 through 469.179 (TIF Act). 1.08. The City Council has fully reviewed the contents of the modified TIF Plan. Section 2. Findings 2.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of the Project Area, the TIF f f RESOLUTION NO. District, and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the EDA and the City to provide public financing assistance to the Project Area and TIF District. 2.02. It is further found and determined, and it is the reasoned opinion of the EDA and the City, that the redevelopment of the Project Area and TIF District outlined in the Project Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing as provided in the TIF Plan is necessary. 2.03. The modified TIF Plan conforms to the general plan for development of the City as a whole as set forth in the comprehensive municipal plan. 2.04. The modified TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project Area and TIF District by private enterprise. Section 3. Modified TIF Plan Adopted 3.01. The modified TIF Plan is approved. 3.02. There has been no change to the boundaries of the TIF District as a result of this modification. 3.03. The EDA is requested to file a copy of the modified TIF Plan with the Minnesota commissioner of revenue as required by the TIF Act. 3.04. The city clerk is authorized and directed to transmit a certified copy of the resolution to the EDA. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE MODIFICATION OF TAX INCREMENT DISTRICT NO. 1, KNOWN AS THE BROOKWOOD TAX INCREMENT DISTRICT BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: Section 1. Recitals The Economic Development Authority of Brooklyn Center (EDA) proposes to modify the Tax Increment Financing Plan (the "TIF Plan ") for the Brookwood Tax Increment Financing District and has requested that the City Council set a public hearing regarding such modification on March 1991. Section 2. Approval of Hearing The City Council shall hold a public hearing regarding the modification of the TIF Plan on March , 1991, for which meeting notice shall be published not fewer than 10 days in advance of such date in the legal newspaper of the City and in a newspaper of general circulation in the City. Such notice shall be in a form approved by the City Manager and the City Attorney. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOMMENDING SPECIAL LEGISLATION TO AUTHORIZE THE USE OF SPECIAL TAX LEVIES TO FUND NEIGHBORHOOD PRESERVATION AND HOUSING PROGRAMS IN THE CITY OF BROOKLYN CENTER WHEREAS, the Brooklyn Center City Council has adopted Resolution No. 90 -152 entitled, Resolution Accepting Recommendation of the Brooklyn Center Housing Commission and Adopting the Brooklyn Center Housing Implementation plan; and WHEREAS, the Brooklyn Center Housing Implementation Plan sets forth the neighborhood and housing needs of the City and recommendations for addressing those identified needs; and WHEREAS, it is acknowledged in the Brooklyn Center Housing Implementation Plan that state and federal funding for neighborhood housing programs is limited; and WHEREAS, the Brooklyn Center Housing Implementation Plan recommends special legislation be considered to provide essential funding to carry out neighborhood preservation and housing programs; and WHEREAS, the Brooklyn Center City Council believes funding of neighborhood preservation and housing programs is essential to maintain the vitality of neighborhoods in Brooklyn Center; and WHEREAS, the Brooklyn Center City Council believes the generation of revenue through Housing and Redevelopment Authority and Economic Development Authority tax levies is an appropriate means to fund local neighborhood preservation and housing programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The City Council of the City of Brooklyn Center acknowledges that each of the proposed special legislative bills attached to this Resolution as Exhibits A, B and C appropriately address the neighborhood preservation and housing needs of the City of Brooklyn Center as referenced in this resolution. is 2. Staff is directed to work with the appropriate officials at the state legislature to determine Resolution No. which of the proposed special legislative bills attached to this Resolution as Exhibits A, B and C will most appropriately meet the neighborhood preservation and housing needs of the City of Brooklyn Center. BE IT FURTHER RESOLVED that the City Clerk is directed to prepare sufficient certified copies of this Resolution and transmit them to the appropriate officials at the state legislature. Date Todd Paulson, Mayor ATTEST: Deputy 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. Exhibit A A Bill for an Act Relating to the Brooklyn Center Housing and Redevelopment Authority Providing for authority to increase levy Section 1. Special Levy. In addition to the levy authorized by chapter 469.033 subdivision 6 the Brooklyn Center Housing and Redevelopment Authority may levy a property tax of up to 0.0100 percent of taxable market value The amount of the levy shall be an amount approved by the governing body of the city. The proceeds of the levy must be used for purposes authorized by chapter 469.01 to 469.047. Section 2. Local Approval. This act is effective the day after approval by the aoverninci body_ of the City of Brooklyn Center and its comoliance with Minnesota Statutes Section 645.021 Subdivision 3. Exhibit B A bill for an Act relating o the City of Brooklyn Center and the 9 tY Y Brooklyn Center Economic Development Authority permitting a tax levy outisde levy limits. Section 1. City tax levy. The City of Brooklyn Center, at the request of the Economic Development Authority, may levy a tax in any year for the benefit of the Authority. Notwithstanding the provisions of section 275.51 and 275 56 the tax is not subject to levy limits. The tax must not be more than 0.01813 percent of taxable market value. The amount levied must be paid by the city treasurer to the treasurer of the authority, to be spent by the Authority. Section 2. Local Aoproval. This act is effective the day after approval by the governing body of the City of Brooklyn Center and its compliance with Minnesota Statutes Section 645.021 Subdivision 3. Exhibit C A Bill for an Act Relating to the Brooklyn Center Housing and Redevelopment Authority Providing for Authority to Increase Levy Section 1. Special Levy. In addition to the levy authorized by Chapter 469.033 Subdivision 6, the Brooklyn Center Housing and Redevelopment Authority may levy a property tax of up to 0.0300 percent of taxable market value. The amount of the levy shall be an amount approved by the governing body of the city. The proceeds of the levy must be used for purposes authorized by chapter 469.01 to 469.047. Section 2. Local Approval. This act is effective the day after approval by the governing body of the City of Brooklyn Center and its compliance with Minnesota Statutes, Section 645.021, Subdivision 3.