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HomeMy WebLinkAbout1989 11-13 CCP Regular Session• • 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 13, 1989 7 p.m. 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Presentation: a. North Metro Convention and Tourism Bureau - Charlie Cook 7. Mayoral Appointments: *a. Park and Recreation Commission 8. Approval of Minutes: a. October 23, 1989 - Regular Session 9. Performance Bond Release: *a. Associated Insurance, 2800 Freeway Boulevard (Northwest Corner of Freeway Boulevard and Xerxes Avenue North) 10. Resolutions: *a. Amending the 1989 Pay Plan -This amendment will eliminate the positions of Engineering Administrative Aide and Engineering Receptionist and create two equal positions titled Engineering Secretary. *b. Amending the 1989 General Fund Budget -To provide for the purchase of a gas siphoning pump. c. Authorizing a Proposed Tax Levy for 1990 Budget Appropriations d. Approving Claims for Sewer Backup Damages CITY COUNCIL AGENDA -2- November 13, 1989 e. Denying the Rental Dwelling License for 6525, 6527, 6529 North Willow Lane - This resolution was requested by the City Council at their October 9, 1989, meeting following review of the matter and hearing for the owner of the building and concerned neighbors. *f. Accepting Work Performed on Project 1989 -20 - This project consisted of the construction of sidewalk on the west side of Humboldt Avenue North between Woodbine Avenue and 73rd Avenue North. *g. Accepting Work Performed on Project 1989 -21 - This project consisted of the construction of a sidewalk on the east side of Xerxes Avenue between 65th Avenue North and 66th Avenue North. h. Authorizing Acquisition of Rights -of -Way and Easements for Improvement Project No. 1988 -18 (West River Road between 66th Avenue North and 73rd Avenue North) i. Authorizing City Manager to Negotiate Agreements with Public Utility Companies to Remove Overhead Utilities on Project No. 1988 -18 (West River Road between 66th Avenue North and 73rd Avenue North) *j. Supporting the Twin Lakes /Ryan Lake Outlet Modification Improvements as Proposed by the Shingle Creek Watershed Management Commission -The proposed improvements would reduce the flood levels in the Twin Lakes and in Ryan Lake while maintaining current runout elevations. The resolution supports these proposed improvements and directs the City Manager to support them at a public hearing which will be held by the commission on December 14, 1989. *k. Approving Release of Easement for Snow Fences -This resolution authorizes the Mayor and City Manager to execute a release of several easements which granted the City the right to install snow fences in the Brookdale area. These easements were executed in 1961 and 1962. Because of surrounding development, there is no longer any need to install snow fences in this area. *1. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 11/13/89) *m. Approving Specifications and Authorizing Advertisement for Bids for Four (4) Compact Police Patrol Sedans -1990 budget item. *n. Appointing a City Assessor • • CITY COUNCIL AGENDA -3- November 13, 1989 11. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor -This item was offered for a first reading on October 23, 1989, published in the City's official newspaper on November 1, 1989, and is offered this evening for a second reading. This amendment will allow class C liquor license holders an additional 12 -month period to bring their food /liquor split into compliance. b. An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the Cl and C1A Districts, and Requiring Abatement of Signs on Abandoned Premises -This item is offered this evening for a first reading. 12. Private Kennel License - 7:45 p.m. 13. Planning Commission Item: (8 p.m.) a. 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) -This item was recommended for approval by the Planning Commission at its October 26, 1989, meeting. An ordinance amendment was also recommended by the Planning Commission pertaining to this item. 1. An Ordinance Amending Chapter 35 of the City Ordinances Clarifying the Definition of Convenience Food Restaurants -This item is offered this evening for a first reading. 14. Discussion Items: a. 1990 Council Meeting Schedule b. Light Rail Transit Station in Golden Valley *15. Licenses 16. Adjournment FOR APPOINTMENT TO THE BROOKLYN CENTER PARK Name Address S3q `Z 4/0 Street Telephone Home 560 '4c? 73 Work 3 ' SJ78 Occupationd O P1/, O W E ,5 j Years lived in Brooklyn Center I am interested in serving on the: I have read the Park and (Resolution Nos. 73 -25, 77 -52 authority, and responsibility Commission and the Park Service Yes No I understand the importance of regular Commission /Committee meeting attendance and participation and feel I have the time available to be an active participant. / Yes ✓ No Comments Additional comments on my interest, experience, background, ideas, etc. ...Z7tia v ,t= ti / voG U E rJ Gri / r rtiF dRad�L UA/ r°En/ TF_ R N,4 Ti ,osyA L L / T TG L- h'.4 9 U/_. N S , Ca C j' 4i n Phi- 5 / n.F4/ r T4vice ,°,o 5 r B Ery /a /!/DG 6 kt / i H }�fa 5 7 L in/ z° s F4vop,a 13LE Submit to: Comments Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 APPLICATION [APPLCOMM.89] AND RECREATION COMMISSION ", i t 1-f 1 e P4 R k 4 C f ze,v,,t Signature Zip Code a9 Park and Recreation Commission Park Service Area Committee Either Recreation Commission Enabling Resolutions , and 87 -133), which defines the purpose, of the Brooklyn Center Park and Recreation Area Committees, /3y/S r / YE- aL i3. 4 )3 SE u T N T /1,4 v.E /7;4 ,d C6,iNJI rye a,v 4L // Date 7a/ APPLICATION [APPLCOMM.89] FOR APPOINTMENT TO THE BROOKLYN CENTER PARK AND RECREATION COMMISSION Name - „ 2 /I U � L> c; r' / C Address C3 / Ne.2 i- • • Street Telephone Home . (h 3 Work f i. i.,- ✓ .5 Occupation I'S C Sr w� c c' T.w' pit Years lived in Brooklyn Center rc R I am interested in serving on the: I have read the Park and (Resolution Nos. 73 -25, 77 -52 authority, and responsibility Commission and the Park Service I understand the importance of regular Commission /Committee meeting attendance and participation and feel I have the time available to be an active participant. Yes X No Comments Additional comments on my interest, experience, background, ideas, etc. Submit to: Yes )( No Li J , �— ct. A r d � A ' // /C.— / "-i.• . Li.�'L�G•i.•l�a (_,7— Comments Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Park and Recreation Commission Park Service Area Committee Either Recreation Commission Enabling Resolutions , and 87 -133), which defines the purpose, of the Brooklyn Center Park and Recreation Area Committees. ignature _l ( 55 3D Zip Code /I - / 1 Date • RESOLUTIONS 10/23/89 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 23, 1989 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 Also present were City Manager Gerald Knapp, Finance Director Paul Holmlund, Coordinator Brad Hoffman, Personnel Administrative Aide Patti Page. INVOCATION The invocation was offered by Councilmember Scott. -1- Scott, Todd Paulson, and Philip Cohen. Splinter, Director of Public Works Sy City Attorney Charlie LeFevere, EDA Coordinator Geralyn Barone, and 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. RESOLUTION NO. 89 -200 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING CONTINUED HENNEPIN COUNTY FUNDING FOR NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -201 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO FURNISH TRANSPARENCIES OF AERIAL PHOTOGRAPHY COVERING THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO PROVIDE BASE MAPPING DATA FOR IMPROVEMENT PROJECT NO. 1989 -26 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -203 Member Celia Scott introduced the following RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 10/23/89) The motion for the adoption of the foregoing resolution member Todd Paulson, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and to approve the following list of licenses: CHRISTMAS TREE SALES LOT P.Q.T. Company P.Q.T. Company COMMERCIAL KENNEL Brooklyn Pet Hospital and Clinic Inc. GASOLINE SERVICE STATION Davies Water Equipment Co. Thompson Lumber Company ITINERANT FOOD ESTABLISHMENT Willow Lane Elementary School MECHANICAL SYSTEMS Air One Mechanical Company Loop- Belden - Porter Co. RENTAL DWELLINGS Initial: Kenneth 0. Schwendeman Harold and Phyllis Loppnow Joe Sandino Lois Holm Julie K. Anderson Renewal: Real Estate Equities Ralph C. Johnson Tower Investments 10/23/89 -2- resolution and moved its adoption: seconded by Councilmember Paulson 5040 Brooklyn Blvd. 5801 Xerxes Ave. N. 4902 France Ave. N. 4010 Lakebreeze Ave. N. 4810 North Lilac Drive 7020 Perry Ave. N. 6317 Welcome Ave. N. 315 Royalston Ave. N. 4639 France Ave. N. 6109 Lyndale Ave N. 3834 Oak Street 5841 Zenith Ave. N. 5430 70th Circle N. Chippewa Park Apartments 5440 -44 Bryant Ave. N. 5100 Drew Ave. N. was duly seconded by • • • • • Helene Ebhardt Rafael Rocha Jonathan Cain Tracy and Ray Rice J. G. Strand Ernest W. Gertzen Carin Lee Rudolph Dennis Tollefson Robert Messersmith Peter S. Kelly Nell Davis SIGN HANGER Thomas Sign Company Venus Sign, Inc. 5639 Girard Ave. N. 5324 -26 James Ave. N. 4207 Lakeside Ave. N. #135 7037 Logan Ave. N. 5329 Penn Ave. N. 5347 -49 Penn Ave. N. 5318 -20 Queen Ave. N. 5328 Queen Ave. N. 5338 Queen Ave. N. 3900 56th Ave. N. 3827 69th Ave. N. The motion passed unanimously. City Engineer Mark Maloney entered the meeting at 7:06 p.m. PRESENTATION - SCHOOL DISTRICT 281 REFERENDUM Mayor Nyquist recognized Patricia Neils, Chairman of School District No. 281 School Board. Ms. Neils stated she was present this evening to briefly review the referendum election for School District No. 281. She then went on to briefly review the process which was used in deciding the referendum. Councilmember Cohen inquired if test polls have been taken of the residents to see how they feel about the referendum. Ms. Neils stated test polls have been done, and it appears there are people in favor of the referendum but it will still be a struggle to pass it. Mayor Nyquist inquired if there have been any studies completed which indicate the smaller classroom ratio of students to teachers is more beneficial. Ms. Neils stated there have been a number of studies completed which indicate this, and she could provide copies of the studies to the Mayor. APPROVAL OF MINUTES - OCTOBER 9, 1989 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the October 9, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting and Approving Environmental Assessment Relating to the Reconstruction of 69th Avenue North between Dupont Avenue North and the West City Limits. The Director of Public Works stated the environmental assessment worksheet has been completed and now must be released for public review and submittal to other governmental units and agencies for their review and comment. 10/23/89 -3- 2775 Hilltop Court 10695 Johnson Street RESOLUTION NO. 89 -204 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING AND APPROVING ENVIRONMENTAL ASSESSMENT WORKSHEET RELATING TO THE RECONSTRUCTION OF 69TH AVENUE NORTH BETWEEN DUPONT AVENUE NORTH AND THE WEST CITY LIMITS (BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1987 -08) 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 Accepting the Bid of Norstan, Inc. to Provide a Telephone System for the City Hall /Civic Center Complex and the Earle Brown Heritage Center. Councilmember Scott stated she feels this new phone system is necessary and noted she receives many complaints from residents regarding the difficulty they have getting through to City Hall. The Finance Director stated the resolution and the one which follows it should be amended to reflect how the improvement will be paid. There was a general consensus among Councilmembers to approve the amendment. RESOLUTION NO. 89 -205 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE BID OF NORSTAN, INC. TO PROVIDE A TELEPHONE SYSTEM FOR THE CITY HALL /CIVIC CENTER COMPLEX AND THE EARLE BROWN HERITAGE CENTER 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 Accepting the Bid of Telecom North for Cabling for a Phone System for the City Hall /Civic Center Complex and the Earle Brown Heritage Center. He noted the same amendment should be made to this resolution. RESOLUTION NO. 89 -206 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE BID OF TELECOM NORTH FOR CABLING FOR A PHONE SYSTEM FOR THE CITY HALL /CIVIC CENTER COMPLEX AND THE EARLE BROWN HERITAGE CENTER 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 Relating to a $8,100,000 Commercial Development Refunding Revenue Note (Brookdale Two Limited Partnership Project); Authorizing the Issuance Thereof Pursuant to Minnesota Statutes, Sections 4 69.152 - 469.1651. He noted this was the refunding of the original mortgage. RESOLUTION NO. 89 -207 Member Philip Cohen introduced the following resolution and moved its adoption: 10/23/89 - 4 - • • RESOLUTION RELATING TO A $8,100,000 COMMERCIAL DEVELOPMENT REFUNDING REVENUE NOTE (BROOKDALE TWO LIMITED PARTNERSHIP PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152- 469.1651 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The EDA Coordinator left the meeting at 7:45 p.m. ORDINANCES The City Manager presented An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. He noted this item was offered for a first reading on September 11, 1989, published in the City's official newspaper on September 20, 1989, and was offered for a second reading on October 9, 1989. He noted the ordinance was continued to this evening's meeting so it would coincide with the second reading of an additional amendment to the ordinance. He then went on to briefly review this ordinance and the one which follows on the agenda also relating to liquor. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. 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 Cohen to close the public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. The motion passed unanimously. ORDINANCE NO. 89 -15 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES REGARDING LIQUOR The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. He noted this item was first read on September 25, 1989, published in the City's official newspaper on October 4, 1989, and is offered this evening for a second reading. He explained this amendment would allow for a Class E liquor license which would allow hotels to dispense liquor for no more than two hours a day to their guests. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. 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 Paulson and seconded by Councilmember Cohen to close the public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. The motion passed unanimously. 10/23/89 -5- ORDINANCE NO. 89-16 Member Todd Paulson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES REGARDING LIQUOR The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. He noted this amendment would allow Class C liquor license holders an additional 12 -month period to bring their food /liquor split into compliance. He stated this ordinance is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor and to set a public hearing date of November 13, 1989, at 7:30 p.m. The motion passed unanimously. The EDA Coordinator returned to the meeting at 7:54 p.m. RESOLUTION NO. 89 -208 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. PERFORMANCE BOND RELEASE /RICHARDSON PARK ADDITION There was a motion by Councilmember Cohen and seconded by Councilmember Scott to release the performance bond for Richardson Park Addition subject to verification that the improvements satisfy the conditions specified in the subdivision agreement. The motion passed unanimously. PERFORMANCE BOND RELEASE - RT,S 1619 (FROM SHINGLE CREEK LAND COMPANY AND MINNESOTA STATE HIGH SCHOOL LEAGUE) There was a motion by Councilmember Scott and seconded by Councilmember Paulson to release the performance bond for registered land survey No. 1619 subject to verification that the improvements satisfy the conditions specified in the subdivision agreement. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7 :55 p.m. and reconvened at 8:13 p.m. DISCUSSION ITEMS WEST RIVER ROAD IMPROVEMENT PROJECT NO. 1988 -18, The Director of Public Works stated there are four major issues which need to be discussed by the City Council. He noted decisions must be made on these items 10/23/89 -6- • • • • • before Short - Elliott - Hendrickson, Inc. can complete the semifinal plans for improvement of West River Road between 66th and 73rd Avenues and for construction of a pedestrian /bicycle trailway on Willow Lane between I -694 and 66th Avenue. He explained the four major issues are: 1. possible reconfiguration of the West River Road /66th Avenue intersection area; and 2. right -of -way acquisition and easement acquisition needs as required for the entire project; and 3. removal of overhead power, telephone, and CATV lines - -and installation of those facilities underground; and 4. landscaping plans. He went on to review the proposed alignment of West River Road. There was some discussion regarding the additional cost of purchasing some property and whether it was justifiable to provide a six -foot berm. The Director of Public Works stated the purchase of property was not recommended strictly for realignment of West River Road. He noted it would allow total redevelopment to occur in this area, and he feels it is worth some discussion. He went on to briefly review the alternatives. The City Manager inquired if the Council would feel more comfortable if staff discussed this plan and explored other options with Atkins Mechanical. There was a general consensus among Councilmembers to direct staff to speak with Atkins Mechanical regarding this realignment. He went on to review the other three issues facing the Council. He explained a survey was conducted to determine the responses of the neighborhood regarding removal of overhead power, telephone and CATV lines, and installation of those facilities underground. He noted it would cost each individual homeowner approximately $200. Councilmember Pedlar entered the meeting at 9:12 p.m. Councilmember Cohen inquired whether this decision would be made from a public hearing or strictly by the Council. The Director of Public Works stated public meetings have been held regarding this and he feels final consideration needs to be made whether they should be included in the project or not. Councilmember Scott inquired if a second notice could be sent to the property owners requesting their input on the project. Councilmember Cohen agreed that a second notice should be sent to the residents. BROOKLYN CENTER PRIORITY LIST STATUS The City Manager briefly reviewed the status report for the list of issues and trends and projects. Councilmember Cohen left the meeting at 9 :20 p.m. DRUG AWARENESS TASK FORCE The City Manager stated currently staff is examining the feasibility of formally designating the Drug Awareness Task Force as an official City commission and expanding its roll in the area of employer and business education, as well as the general public awareness. Councilmember Scott stated she agrees with the staff recommendation to formally designate this an official City commission. 10/23/89 -7- Councilmember Cohen returned to the meeting at 9:24 p.m. There was a brief discussion regarding the proposed goals for this commission. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing staff to proceed toward recognizing the Drug Awareness Task Force as an official City commission. The motion passed unanimously. OTHER BUSINESS The Finance Director proceeded to review the budget schedule and discuss various deadlines. There was a general consensus among Councilmembers to direct staff to present a resolution certifying the proposed tax levy at the November 13, 1989, City Council meeting. 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 :05 p.m. Clerk Mayor 10/23/89 -8- a • • • • CITY OF BROOKLYN CENTER Council Meeting Date 11 -13 -89 Agenda Item Number 9 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Performance Guarantee Release DEPARTMENT AP VAL: / • Signature - title Director of Planning and Inspection ***************************** * * * * * * * * * * * * * * * * * *10. * *** * * * * * r *** **, * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report ******************** ********************** * * * * * * * * * * * * * * * * ***** * * **** *******a -1.. 1. a a : . : . a c:..: SUMMARY EXPLANATION: (supplemental sheets attached ) The following performance guarantee is recommended for release: 1. Associated Insurance, Inc. building 2800 Freeway Boulevard Planning Commisssion Application No. 88015 Amount of Guarantee - $37,000 letter of credit Obligor - LeGran Homes All site improvements have been installed in accordance with the approved site plans. A hydrant gate valve has been raised as requested by the Superintendent of Utilites. An as -built utility survey of the property has also been submitted and has been approved by the City Engineer. Recommend total release of guarantee. Submitted by Gary Shallcross, Planner L'o mments below /attached CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number /©Q/ REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Resolution Amending the 1989 Pay Plan *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: Personnel Coordinator * * * * * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report ,4/ Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) This fall the administrative aide in the engineering division resigned. Following this resignation, it was determined that the job duties previously assigned to the aide could be redistributed by reclassifying several existing positions and substituting the aide position with a secretarial position. As a result, the staff is requesting to upgrade the existing engineering receptionist to an engineering secretary, add another engineering secretary that would be equal to the upgraded position, eliminate the aide position, and assign some of the higher classified responsibilities of the aide to the public works coordinator. Attached is a position description for the proposed engineering secretary job. At this time, the staff is recommending an amendment to the 1989 pay plan to eliminate the aide and receptionist positions and authorize the addition of two engineering secretaries. This would allow the recruiting process for another secretary to begin immediately. A request regarding adjustment of the public works coordinator position may be made at the time the city council reviews the 1990 pay plan. Note: The hourly wage range for the administrative aide is $10.54 to $12.82. The hourly wage range for the engineering receptionist is $8.59 to $10.45. The proposed hourly wage range for the engineering secretary is $8.80 to $10.71, a one -step increase from the receptionist position. RECOMMENDED CITY COUNCIL ACTION: Pass a Resolution Amending the 1989 Pay Plan. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING 1989 PAY PLAN WHEREAS, City of Brooklyn Center Resolution No. 88 -214 sets wages and salaries for the calendar year 1989; and WHEREAS, it is the City Council's intent to eliminate the positions of engineering administrative aide and engineering receptionist. WHEREAS, it is the City Council's intent to add the position of engineering secretary and to authorize two such positions for the engineering division of the public works department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1989 pay plan is hereby amended as follows: ATTEST: 1. Supervisory - professional Schedule C is amended to delete the position of administrative aide, engineering. 2. Technical - secretarial Schedule D is amended to delete the position of engineering receptionist. 3. Technical - secretarial Schedule D is amended to add the position of engineering secretary with a grade range of T14A to T18C and hourly wage range of $8.80 to $10.71. 4. The engineering division section of the 1989 Positions Authorized, Schedule A, is amended to delete the administrative aide and engineering receptionist positions and to add two positions classified as engineering secretary which will not be exempt from overtime pay. Date Mayor 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. /G« • • CITY OF BROOKLYN CENTER POSITION DESCRIPTION ENGINEERING SECRETARY POSITION IDENTIFICATION TITLE: Engineering Secretary DEPARTMENT: Public Works SALARY LEVEL: Technical- Secretarial Plan, Schedule D DATE REVISED: 11/89 POSITION SUMMARY Performs clerical functions for the engineering division under the general supervision of the public works coordinator. DUTIES AND RESPONSIBILITIES 1. Performs secretarial and clerical functions for the engineering division and assists in these functions for other divisions of the public works department. 2. Responds to public inquiries over the phone and in person regarding departmental policies, procedures, services, and projects. 3. Coordinates and maintains the public works record management program and maintains engineering division files. 4. Types reports, contract specifications and documents, legal documents, correspondence, and other material. 5. Handles confidential telephone calls, typing, and filing for the director of public works and the city engineer. 6. Operates various office and duplicating machines including use of a computer for word processing. 7. Utilizes computer to prepare spreadsheets for pay estimates, assessments, and technical computations. 8. Reviews and rechecks project cost estimates, contract documents, and other reports and correspondence for accuracy and completeness. 9. Coordinates and maintains easement and agreement files and city -owned property records. 10. Assists in keeping special assessment records and preparing special assessment reports. • 11. Administers the diseased shade tree removal program, including communications with contractor, various correspondence, and follow up. 12. Conducts research projects as requested by the director of public works and the public works coordinator. 13 Prepares coffee and other related tasks for engineering meetings and staff as assigned. 14. Performs related duties as required. KNOWLEDGE, SKILLS, AND ABILITIES 1. Considerable ability to organize and systematize record keeping procedures and various records. 2. Ability to type neatly and accurately at the rate of at least 60 words per minute. 3. Capability to operate a variety of office and duplicating machines, including a computer. 4. Knowledge of office procedures and practices. 5. Working ability to perform basic mathematical computations. 6. Ability to work tactfully and congenially with the public, with other department and City personnel, and with other agencies. 7. Ability to communicate clearly and concisely, both orally and in writing. MINIMUM OUALIFICATIONS 1. Must be able to type 60 w.p.m. 2. A high school diploma or equivalent with supplementary secretarial and /or business courses preferred. 3. Personal computer experience using word processing and spreadsheet applications. 4. Three to five years comparable secretarial /clerical work experience preferred. POSITION DESCRIPTION APPROVED By By Department Director Date Approved City Manager Date Approved CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number /2,b REQUEST FOR COUNCIL CONSIDERATION 0 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Resolution Amending the 1989 General Fund Budget *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: Personnel Coordinator * * * * * * * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report r Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached It was brought to the attention of the Brooklyn Center employee safety committee that mechanics at the city garage are manually siphoning gasoline from vehicles and placing the liquid into plastic containers. The safety committee felt the present system of transferring flammable liquids is a fire hazard that should be addressed immediately. Further, the City does have an existing liability because it is aware of the hazard. Because of these concerns, staff is recommending the City purchase the proper safety pump and storage equipment at a cost of $1,567.00 using funds from the contingency appropriation of the unallocated unit. RECOMMENDED CITY COUNCIL ACTION: Pass a Resolution Amending the 1989 General Fund Budget. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET, WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as part of the General Fund Budget and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the Brooklyn Center safety committee has recommended the purchase of a safety pump and storage container for use by public works department employees when siphoning flammable liquids; and WHEREAS, there are no funds budgeted for the purchase of said equipment in the 1989 General Fund Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1989 General Fund Budget as follows: Increase the Appropriation for the following line item: Vehicle Maintenance No. 43, Capital Outlay 01- 4552- 000 -43, $1,567.00 Decrease the Appropriation for the following line item: Unallocated Expenses No. 80, Contingency 01 -4995- 000 -80, $1,567.00 ATTEST: Date Mayor 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. /013 • 10 In -plant storage and transfer Portable Flammable Liquids Storage and Dispensing In many plants worthwhile time- saving and convenience benefits are provided by the 30- gallon Justrite Liquid Caddy, FM approved for use in plant to dispense or collect flammable liquids. The Liquid Caddy rolls easily on rubber -tired wheels and can be taken right to points of flammable liquids use to refill dispenser, bench and safety cans and to fill or drain rinse or dip tanks. Equipment includes a l0- gallon -per- minute measuring pump with 6 -foot hose (which is self- bonding) and an auxiliary 6 -foot, 3 /4 -inch hose for filling or emptying con- tainers with small- diameter open- ings. A tank gauge displays liquid level. Automatic pressure and vacuum relief are designed into the system. A grounding wire also is standard; connection may be made to water or air lines, building structural members, grounded machinery etc. The Liquid Caddy does not require housing in either a storage cabinet or drum room and so is an on -the- spot source for flammable liquids supply or disposal that cuts time and handling to a minimum. Where there is a continuing demand for flammable liquids supplies on production lines, a Liquid Caddy can be placed at convenient loca- tions for periodic refills or routed along production lines with an operator to eliminate time -outs for supply trips altogether. See diagram. --� Flammables use n Icoo Drum storage cabinet Can storage cabinet I el I ® I PRODUCTION LINE AI -- --- ti �. �[- - - - - -F 112 I Eg I —ID— 18I loca Drum for disposal Cans for disposal — 0— 7 1 1 PRODUCTION LINE i ( .tm lir 11 PARTS MFG. I 1 I + PARTS MFG. 1 1 1-- DRUM ROOM If f Flammables supply caddy Flammables disposal caddy Schematic diagram showing in -plant locations of safety cabinets tor storage 0/ flammable liquids... and use of Justrite Liquid Caddy for in -plant dispensing and collection of flammable liquids. Right: ustrite Lxlnd Caddy/portable soli'rnt tan a uasng and collecting flammable liquids throughout the plant. Thirty- gallon tank is a safety contatlter ua itself dory not need to be stored in 0 safety cabinet. Pressure relief vent Self- bondin hose 30- gallon tank illd 11 ATTEST: Member introduced the following resolution and moved its adoption: Center: RESOLUTION NO. 89- /Oe RESOLUTION TO AUTHORIZE A PROPOSED TAX LEVY FOR 1990 BUDGET APPROPRIATIONS -------------------------------------------------------------------------- WHEREAS, The City of Brooklyn Center is annually required by Charter and state law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and WHEREAS, Minnesota statutes currently in - force require certification of a proposed tax levy to the Hennepin County Auditor on or before November 15, 1989 and a final tax levy on or before December 28, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn 1. There is hereby approved for expenditures from general taxes, the following sums for the purpose indicated: GENERAL FUND $4,644,032 The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans, which levies for the year 1990 are as follows: thereof: PARK IMPROVEMENT BONDS OF 1980 REDEMPTION $ 364,119 TOTAL EXPENDITURES FOR THE YEAR 1990 FROM GENERAL TAXES $5,008,151 2. Of the above amounts, $406,793 has been determined to be a special levy and is exempt from the overall levy limitations set forth in Laws of 1973, Chapter 650 as amended. 3. There is hereby levied upon all taxable property lying within the City of Brooklyn Center, in addition to all levies heretofore certified to the County Auditor as indicated in paragraph one hereof, the sum of $4,644,032, and the City Clerk shall cause a copy of this resolution to be certified to the County Auditor so that said sum shall be spread upon the tax rolls and will be payable in the year 1990. 4. A final tax levy will be certified, upon completion of a public hearing on the budget, on or before December 28, 1989. Date Mayor Clerk The motion of the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member adoption: WHEREAS, on October 2, 1989, the City experienced a sewer lift station failure at Lift Station No. 1 and Lift Station No. 10 which caused sewage to back up at two homes and cause damage; and WHEREAS, the cause of the back up has been determined to be a malfunction of the lift stations alarm system which may have resulted from a lightning strike; and WHEREAS, the claims adjuster for the City's insurance carrier has determined that the City is not liable for the damage and subsequently denied the claims; and WHEREAS, on January 31, 1985, a similar incident happened and caused damages to fourteen homes in the City, including the two homes damaged on October 2, 1989; and WHEREAS, the City's insurance carrier denied the claims, whereupon the City Council did direct payment of the claims and attempted recovery from the installer of the alarm system; and WHEREAS, the October 2, 1989 circumstances were almost identical to those of January 31, 1985. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve the claims to the home owners and in the amounts as shown below: ATTEST: RESOLUTION NO. RESOLUTION APPROVING CLAIMS FOR SEWER BACK UP DAMAGES introduced the following resolution and moved its Roberta Johnson 2712 O'Henry Road North Brooklyn Center, MN. 55429 In the amount of: $494.48 John B. and M. Suzanne Eakins 6260 Brooklyn Drive Brooklyn Center, MN. 55430 In the amount of: $144.08 Date Mayor 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. / Paul Holmund City Of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn 55430 October 23, 1989 On Monday October 2, 1989, we sustained damages to our property because of sewer back -up. The following items were damaged and we would like reimbursement. Rugs 10 x 12 8 x 8 Crib Mattress 69.50 Playpen 64.99 Art Easel 20.00 Room Divider 35.00 Waste Basket 4.99 Craft Supplies for the Girl Scouts 20.00 If you have any questions regarding the above items, please feel free to contact me. Sir erely, Rob' rta Jo son 2712 O'Henry Rd N. Brooklyn Center, Mn. 55430 560 -2844 $100.00 80.00 r c v ..u( r to . c 0 ServiceMaster 2525 No. Highway 67. St. Paul, MN 55109 483 -3636 571 -0136 455 -8450 459 -7580 437 -2929 698 -7294 5. 6. 7. 8. J I F M IA IM Authorized By Referred By List Furniture By Room And Type Of Service By Code No. An Independent Licensee o Acct. No. Res. Phone Address Home Care Products P ice 891 Total the ServiceMester Company. L.P. ServiceiwAsTER® No.A 0740657 2. INVOICE COPY • J I J I Is U P . 7/.., 5 /ice Bus. Phone Street Horne Care Products 1- Last Last Name � /� First / C l — Bf h 1 � 58 Ps . hot City Statue Systems Type Of S ices Category I By Code No. 802 801 Carpet Cleaning 802 Furniture Cleaning 804 Odor Control 809 StaticProofing 810 StainProofing 811 SoilProofing 813 Carpet Sanitizing 826 Wall 8 Ceiling Cing. 836 Floor Maintenance 825 Other Services 870 Disaster Restoration 875 House -Wide Cleaning 880 Contract Services 891 Care Kits 891 FiberFresh Ot. 891 FiberFresh Gal. 891 SolvOil 891 Urin -X Pt. 891 Chem0ide Sponge 891 Carpet Groomer 892 Other Products S V Initial Apt. Pie Total Units —O• O N Contact Date nate Area k,'Ji Zip Code Completed Per Specifications CNH Room I Area 801 Sales 0 Original Invoice D I NR A.M. P. M. I A.M. P.M. Service Products �_. System # 1I' rr 2 i' 1-5 1y No other will be sent - return stub with remittance Terms: Net on completion. Service charge on past due accounts. .No.A 0740657 Crew !Job No. CI 1RRC DRI NI 1 2 3 4 Prod. a Service Products Old New 1 Code No. 801 802 826 836 875 870 891 Tax U.N.A. Travel Time OI ( RRF 1DCR 5 6 7 Started IU.N. A. Finished I U.N.T. !Check ACC D Cash rN Price 140.01 Pre Total 441 Safes Tax 1 Total Sale 110 Ac tg. Rec. Pay This leD Amount 173 173 See Reverse Side • Paul Holmlund The Department of Finance, City Hall City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Holmlund: 6260 Brooklyn Drive Brooklyn Center, :'.n. :5430 October 19, 1989 We are submitting damages that occurred on October 2, 1989 to our home as a result of sewer back -up into our basement. Sometime between 6:30 and 7 :30 a.m, the switches at the main Plant failed. After notifying Dave Peterson by telephone, two men came to our home and saw the water. Water backed up through :the drain under the laundry tubs and then very quickly, as if a switch or faucet had been turned on, up through the bathroom shower stall. Sewer- - toilet paper, etc. -- was all over. This was very disturbing, es- pecially since the same thing happened on January 30, 1985 , date to a malfunction of Brooklyn Center Lift Station r1. We did most of the cleaning ourselves. The rugs did not get wet as we were able to pick them up before the water could get to them. We called Service Master to sanitize and prevent mold. A copy of bill for $144.08 is enclosed. We submit this, bill for reimbursement by the City of Brooklyn Center. Sincerely, M..Suz7.nne Eakins John B. Eakins • 'F -; M 1 ox via :H stt:et�o1 r 'ip1e' Grove'', ,. 1.6567 69th 'ir« fi U. I a Ie Crow,. I. 55369 rir) 420. -2525 t ` F a "LA Typiidf ServIce" e,t�' By Codo rcd* A1-1,506 Referred By Address S i ,891 Total( Ap Independent Licensee of the ServiceMaster Company. vis Acct. No. • ' -1 Home Care Products7 r G }g, s a • 1�' 1 • 80 dV .� ii �', ,K�yritE,:S v CCMAST o.A :0738.230 .. C USTOMER ' t COPY: Aulhoriced Res. Bus. Phone (Phone 56.1.-45365 Last Name Firsl ;Street City t . „ 1.1` ' Stele o ' Ce1nt:er 5 5430 Of Services C N H 1. ;825 OthenServlces1inisl r • 870 Disaster Restoration r: 875 ; House Wide Cleaning, 880 ContractServices =. • 0;11 1 1: 5x,63 # teiriliv/ cl; r`I id lP • Home Care Products - `a •`891 Care Kits � "K.• , sj"'': .,, .. X891 FiberFresk *y 1^ x ,.891 SoIvO I esh Gal �+ ' x Urin- X+ ;? .:r- 891 ChemGiide Sponge tp911 et Groorner ♦•��;. l� .R 892 Othir �odticts., f 41 `t , - 44 4 Y: w - . r : _ 94x11 Area Apt. • Zip Code • Completed Per Specifications '' ;c ,:Typo — •Cate o n � ystcm 9 rY • _t. rh ="!3y ode No. ... Room : � �A(ea �' 801 S • ., 1 tits' 801 Carpet Cleaning z:; $C� s "■• �� - .'' I , 802 Furniture Cleaning E�„ • r u r 804 Odor Control t -9 ,;t >, + 8 09 ` S taticProofing x� f u � 'i el rt. 1x810 StainProotrr, 11s~ Grp +: 1re� :(} � iv ■Lltje 3; 811 SoilProofing`. : i 813 ; Carpet Sanitizing 826 'Wall 8 ceiling Clog.'" '-' '' • ;lprG', 't Maintenance '7t i, iL t;,^ r 1 •,r ,.� •r ;.- otaI'Units . _—►. sfeer »fit (..:1:,, �.p. ,r >; A Us ', i r f , r , t . . ■ , - , 2,I, .4IC ., ` '!.- About our'scheduied home'cleaning 1 '} I yi' : service celled "House- -'ride Cleaning" .•••.. PLEASE SIGN,•THE RE OF THIS CONTRACT 11 • A.1.1. Cre,v 'T ,n rlo. irvU Tcn • • 1P.M. A M. CI RC D NI O RR DCR IP.M. 1 f R . 2 3R . 14 5 — Servico � —. . 0738230 1'raduut I ■li;h•d -U 1 Old Cosh c i p 0 0 ' �� 0 .12 :Co?: one 873 891 ,j? h: • Tax 111-A. Pre to tat aaf ales 71a 1 otal Sat, Sri Reverse Side OVER A CENTURY OF SERVICE Dear Paul; TMF /nh cc: Mr. Charles LeFevere Attorney at Law 470 Pillsbury Center Mpls., MN. 55402 GAB Business Services Inc 9531 West 78th Street Suite 220 Eden Prairie, Minnesota 55344 Telephone 612 - 942 -9818 Branch Office November 3, 1989 Paul W. Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 Insured; City of Brooklyn Center Claimant: Roberta Johnson and Suzanne Eakins GAB file no.: 56527 -16485 Date of loss: 10 -2 -87 Please be advised that I have discussed this matter with Dave Peterson, Public. Works Superintendent. He stated that the basic cause for the sewer back up was due to a malfunction of the lift station alarm system. He stated a fuse to the logic board blown and it was probably due to lightning. The exact cause cannot be pin pointed. Based on this conversation, I do not see any liability on the part of the City of Brooklyn Center and will not be able to honor these claims under your policy with the League of Minnesota Cities. Per our telephone conversation, I am enclosing the estimates for the repairs and the property loss to both of these claimants. In regards to the Johnsons, it comes to a total of $394.48. In regards to the clean up at the Eakins, the bill came to $144.08. The total for both houses is $538.56. It is my understanding that you will handle this matter from here. I will be closing my file at th }s time. Thomas M. Felcyn n Y Adjuster MEMORANDUM TO: Paul Holmlund, Director of Finance FROM: Dave Peterson, Supervisor of Public Utilities October 5, 1989 • SUBJECT: #1 Lift Station Failure Sewer Back -Up 10 -2 -89 On 10 -2 -89 at 6:50 a.m. a resident (6260 Brooklyn Drive) called police dispatch that sewage was coming in the basement. I immediately dispatched a crew to check the street and #1 Lift Station. The interrogation at 7:00 a.m. showed station fail for #1 and #10 Lift Stations. At 7:05 a.m. the resident at 2712 O'Henry Road called (in a very upset state), that their basement was flooding. Both breakers were tripped out at #1 Lift. #1 pump started pumping but kept tripping out. We were on the scene with emergency power, but N.S.P. was on all three phases. We got #2 pump working and kept pumping. Our standby 4" pump was on the scene. Tri -State Controls said the main circuit breaker was faulty. I called Bacon Electric from a mobile phone, between customers, and an electrician came out. Station pumped down enough to relieve the basement flooding by 8:00 a.m. and completely pumped down by 10:20 a.m. The electrician finished rebuilding the circuit breaker by 1:30 p.m. We had a spare breaker at the station. The only two damage reports to date are 6260 Brooklyn Drive and 2712 O'Henry Road. 6260 Brooklyn Drive had minimal damage as inspected by Mark Hartfiel and Bill Ross. The residents had gone to work before the supervisor had gotten there and the city hasn't heard anything from them as of 10 -5 -89. They were given the sewer damage letter by Mark and Bill. 2712 O'Henry Road had more damage as inspected by Dave Peterson and Mark Reinking. Our Utility Department policy is always to have two people inspect any damage because people change their story later; throw rugs turn into heirloom tapestries after talking to other people. (A camera with flash would be an asset to the Department.) City crews checked other homes in the area and there was no damage in any that were home at the time. Randy and Rick helped at 2712 O'Henry Road cleaning the basement and moving articles. We removed one 10' x 12' piece of carpet and one 8' x 8' piece from the laundry room. The carpet in the family room was saturated in a 6' x 6' area. We also hauled-out one playpen, one childs easel, eight empty 3 ib. coffee cans, 100 foam plates from meat packages (craft supplies), ten cardboard boxes which were empty, one 6' dressing screen (folding wood), and one crib mattress. 2712 O'Henry Road called Service Master Professional Cleaners for final basement clean -up. Mrs. Johnson of 2712 O'Henry Road also expressed interest in a ball check valve for the floor drain. I said this would help, but it is the property owners responsibility. I contacted Arvin Minar at. Motorola and requested a written report of what happened to the alarm system on 10 -2 -89 and also what our options are to correct it. la LeFevere Lefler Kennedy O'Brien & Drawz a Professional Association 2000 First Bank Place West April 11, 1989 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere James J. Thomson, Jr. Thomas R. Galt Steven 8. Schmidt John G. Kressei James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Corrine A. Heine David D. Beaudoin Shen M. Tallen rances Skala . Altman Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi Arden Fritz Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Brooklyn Center v. Mike Paul Electric Dear Jerry: As you will recall, on January 31, 1985, an alarm, installed by Mike Paul Electric under a contract with the city, failed causing flooding in 14 homes in the city. The total cumulative damage caused by the flooding was $12,819.45. The landowners whose properties were damaged filed claims against the city; however, the city's insurance carrier concluded that the city was not liable for the damages and declined to pay the claims. Never- theless, as I understand the history of this case, the City Council wished to assist the property owners. The method of doing so which was settled upon was to pay the claims and take from the landowners an assignment of their claims so that the city could attempt to collect. Clayton L. LeFevere, Retired Herbert P. Lefler Retired After attempts to settle this case, this office commenced suit on February 9, 1988. By Order dated September 22, 1988, Judge Pierce dismissed the suit on the ground that the claim was barred by the two year statute of limita- tions found at Minn. Stat. § 541.051 for injury arising out of defective and unsafe conditions of an improvement to real property, rather than the six year statute of limitations which otherwise would apply. An appeal of Judge Pierce's Order was dismissed by the Court of Appeals by Order dated February 2, 1989. Upon learning that the plaintiff had brought a motion for dismissal of the case on the ground that the statute of limitations had run, I ceased billing the city for any further legal services on this file. • Mr. Gerald Splinter April 11, 1989 Page 2 Under the circumstances, I do not believe it is appro- priate for me to either try to defend the failure of the firm to commence suit in time or to question the likeli- hood that the city would win the suit against Mike Paul Electric. Therefore, I have proposed, and the firm has agreed, essentially to put the city in the same position it would have been in if we had prevailed on the motion to dismiss, tried the case, and won a judgment against the defendant. The total amount of the claim is $12,819.45. The attor- ney handling the file has estimated that the total time to complete trial preparations and try the case would be approximately 21 hours. At our current rate for associ- ate attorneys, this would cost the city $1,785 in legal fees. Therefore, we are prepared to pay the city the difference between the total amount of the claim and the legal fees which would be incurred in establishing the claim (i.e. $12,819.45 - $1,785 = $11,034.45). If this is agreeable to the city, please let me know and we can attempt to work out a schedule and method of payment. I apologize for any inconvenience this matter may have caused the city. Very truly yours, Charles L. LeFevere CLL:rsr bcc: Glen Purdue ce 2 7 1Y- ze / A_12 L, ("„? tY 7, 72e 7 9 • 9 ( ,?? 4),', , / 7 2 ' /13 1 1 11 1 i� illill � ��� d-��-- �� Z T �� J , ; . i�" / � �/ f l� f==� � � .� 1 � �� 1� -��- �� , �.: - � � _ ; .� �= z�- , _,_.-�-, �- , : I �_ �;, -� , , -, a � . .� �"� ,1 t��: - -- -- � - - _ �_{ - �� _r � . ,, �--, � - - _ a- -- ,.-- --- -i- � _ .__ _, � � - a z i L jFFj a - I .gym �i 4 t: � 0 - ol Ul s _ t s cl C' GICoz IL I 7 i dam' r « - --� �••..s "- . � '�� ��- - y„ `k� r 4 Xi _ _ s s' s ar { WFI .c 3 s = F 4_ �� a JLi MA 1T v A,v VIF.I W R U9_1 g N_T x1i try 4 Vp r c e a ' 6 From- so s • CITY OF BROOKLYN CENTER Council Meeting Date_ fl -13 -89 Agenda Item Number /1!2 REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Resolution Denying the Rental Dwelling License for 6525, 6527, 6529 North Willow Lane DEPARTMENT APP L: Signature - title Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X On October 9, 1989 the City Council gave special consideration to the rental dwelling license of Mr. Irwin Ketroser to operate the rental dwellings at 6525, 6527, 6529 North Willow Lane. The City Council received and reviewed a staff report recommending disapproval of the license on the basis that the rental dwelling and its premises did not conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota, that the complex was not being maintained consistent with the minimum standards contained in the Housing Maintenance and Occupancy Ordinance, and that the owner had not lived up to his agreement to correct the problems existing since September and October of 1988. The owner of the property, Mr. Irwin Ketroser, was given the opportunity to present information in support of the license, which he did. Also, a number of neighbors living adjacent to the complex appeared before the Council and expressed their concerns regarding the lack of maintenance at the complex. Following consideration of, and deliberation on, all of the information presented, the City Council directed the staff to prepare a resolution denying the rental dwelling license for this complex to be considered by the City Council on November 13, 1989. Such a resolution is offered for the City Council's consideration. Councilmember Cohen also requested the staff to provide estimates of the costs for correcting the existing ordinance deficiencies in the complex. Attached is a cost breakdown prepared by the Building Official and the Housing Inspector on November 6, 1989 relating to items that need correcting at the complex . They estimate $20,000 and have broken down the repairs into three areas. It should be noted that within a week following the City Council's consideration and direction regarding this rental license, I was contacted by Mr. Bill Allen who told me he was considering assisting Mr. Ketroser regarding the maintenance of the property. The Housing Inspector and I met with Mr. Allen at the site, presented him with the list of items in need of repair and discussed maintenance of the complex . Mr. Allen seemed to indicate that he could rectify many of the problems prior to November 13, however, the outside concerns would be difficult. He was going to review further with Ketroser a plan to improve the maintenance of the building. • • SUMMARY EXPLANATION CONTINUED Apparently he has undertaken some of this project as the Housing Inspector has reported to me, following the November 6 review of the property, that some additional maintenance items have been corrected. The fire doors on the laundry rooms and lockers have been repaired so as to close and latch properly, the hallways have been painted, the handrails have been repaired and /or replaced, and carpeting has been removed and new carpeting is to be installed. The Housing Inspector will again review the property on Monday, November 13 and I will be prepared to give a status report to the City Council that evening. Attached for the City Council's consideration is a copy of the Housing Inspector's September 28, 1989 report regarding the then status of the property; the November 6 report of the Building Official and Housing Inspector regarding estimated costs to bring the complex into compliance; and the resolution denying the rental dwelling license for the complex. OPTIONS AVAILABLE TO THE CITY COUNCIL If the Council chooses to deny the rental dwelling license, as has been recommended, the license cannot be restored until the complex is in total compliance with the Housing Maintenance and Occupancy Ordinance. The Council could, if it sees fit, reinstate the license if the applicant is willing, for instance, to post a cash escrow assuring completion. The Council could also continue consideration of the license denial until an upcoming meeting. Or the Council could agree to allow the license to continue until it expires on July 31, 1990 and reconsider it then. Any combination of the above would also be appropriate. I believe the rental license should be denied unless the Council is satisfied that maintenance progress is significant and will continue in a timely manner until all housing maintenance problems are resolved. • • TO: Ron Warren FROM: Clay Larson /David Fisher DATE: November 6, 1989 RE: Irwin Ketroser's Property at 6525 - 6527 -6529 Willow Lane NEW FLOOR COVERINGS (12 -704) 1. Hallways and stairs 2. Laundry areas 3. Locker rooms REPAIR EXTERIOR OF BUILDING AND GARAGE (12 -702) 1. Repair back steps, landing, and handrails. 2. Repair stucco. 3. Redash and paint. YARD MAINTENANCE AND UPKEEP (12 -317 & 12 -711) 1. Clean up as needed. 2. Landscaping as needed. 3. Maintain the grounds. CL:DF:tlh Approximate Cost: $3,000 Approximate Cost: $11.,000 Approximate Cost: $6,000 TOTAL COST: $20,000 MEMORANDUM To: Ron Warren, Director of Planning and Inspection From: Dave Fisher, Housing Inspector Date: September 28, 1989 Re: Irwin Ketroser's Property at 6525, 6527. 6529 North Willow Lane On September 27, 1989 a follow up inspection was conducted at 6525, 6527, 6529 North Willow Lane. I observed as follows: 6525 North Willow Lane 1. Missing door closer. (12 -703) 2. Missing tile in locker room and laundry room. (12 -704) 3. No lights operating on second and third floors (common areas). (12 -301, 302) 6527 North Willow Lane 1. Missing handrails. (12 -406) 2. Missing tile in locker room and laundry room. (12 -704) 3. Door does not latch to laundry room. (12 -703) 4. No light operating on the third level (common area). (12 -301, 302) 5. Carpet torn on steps and landing, tripping hazard in common area. (12 -301, 302, 704) 6529 North Willow Lane 1. Missing a fire extinguisher on 1st floor. (Fire Code) 2. Handrails are too low. (12 -406) 3. Missing door closer to laundry room. (12 -703) 4. Missing and loose tile in laundry room and locker room. (12 -704) 5. No operating light in locker room. (12 -301, 302) 6. No operating light on 3rd level common area. (12 -301, 302) 7. Door on locker room does not close and latch properly. (12 -703) • terior of 6525, 6527, 6529 North Willow Lane 1. The lawn still has bare spots and alot of weeds. (12 -317, 711) 2. There are still trees growing up around the foundation of the garage(s). (12 -317, 702) 3. Dead trees on the site. (12 -317) 4. Stucco requires some repair at garage(s) and apartment building(s). (12 -702, 707) 5. Some trash around dumpster area. (12 -304, 305, 306) 6. Some torn screens and 3 patio screens off and leaning up beside the patio doors. (12-307, 703) 7. Some exterior storage on or near patio(s) of carpet and tires. (12 -306) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DENYING THE RENTAL DWELLING LICENSE FOR 6525, 6527, 6529 NORTH WILLOW LANE WHEREAS, the City of Brooklyn Center has adopted a Housing Maintenance and Occupancy Ordinance (Chapter 12 of the City Ordinances) setting forth minimum standards for the maintenance of all buildings used in whole, or in part, as a home or residence, or as an accessory structure thereto and the premises upon which such structures are placed; and WHEREAS, Section 12 -901 of said ordinance requires a person to obtain a license from the City of Brooklyn Center to operate a rental dwelling within the City of Brooklyn Center, said operating license to be renewed biennially following the initial licensing period; and WHEREAS, Section 12 -905 of said ordinance states: "No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota;" and WHEREAS, Mr. Irwin Ketroser, Parkdale 4, Suite 110, 5350 Gamble Drive, St. Louis Park, Minnesota, is the owner of record and operator of a rental dwelling complex containing 18 dwelling units at 6525, 6527, 6529 North Willow Lane in Brooklyn Center; and WHEREAS, Mr. Ketroser's rental dwelling license to operate said rental dwelling expired on July 31, 1988; and WHEREAS, the City Council of the City of Brooklyn Center on October 10, 1988 gave special consideration to the renewal of the rental dwelling license for said apartment complex, reviewed the report and recommendation of the Director of Planning and Inspection regarding the maintenance of the property; noted the written assurances of Mr. Ketroser that all outstanding housing maintenance deficiencies would be corrected within a reasonable time; and WHEREAS, the City Council on October 10, 1988 approved the renewal of the rental dwelling license for Mr. Ketroser provided the building be brought into compliance with the Housing Maintenance and Occupancy Ordinance and a report to that affect be given to the City Council within one year; and WHEREAS, said rental dwelling has been inspected pursuant to the requirements of the Housing Maintenance and Occupancy Ordinance and pursuant to the Council's request for review within one year of their October 10, 1988 renewal; and WHEREAS, the Director of Planning and Inspection has provided the City Council with a report updating the status of the maintenance at 6525, 6527, 6529 North Willow Lane; and RESOLUTION NO. WHEREAS, the Director of Planning and Inspection pursuant to Section 23- 003 of the City Ordinances has recommended in writing to the City Council that the rental dwelling license for said complex be disapproved based on the fact that the rental dwelling and its premises do not conform to the ordinances of Brooklyn Center and the laws of the State of Minnesota, that the complex is not being maintained consistent with the minimum standards contained in the Housing Maintenance and Occupancy Ordinance, and that the owner of the property has not lived up to his agreement to correct the problems existing in September and October of 1988; and WHEREAS, pursuant to Section 23 -004 of the City Ordinances, the Director of Planning and Inspection, in a notice sent on September 29, 1989, informed Mr. Ketroser of the following: 1. The nature of his recommendation to disapprove the rental dwelling license renewal; 2. That the City Council would consider Mr. Ketroser's rental dwelling license renewal on Monday, October 9, 1989 in the Brooklyn Center City Council Chambers at approximately 7:45 p.m.; 3. That Mr. Ketroser had the right to appear before the City Council in support of his license application; and WHEREAS, Mr. Ketroser did appear before the City Council on October 9, 1989 in support of his rental dwelling license; and WHEREAS, the City Council of the City of Brooklyn Center considered Mr. Ketroser's comments, the comments of numerous neighbors who appeared before the City Council on October 9, 1989 to express their concern regarding the lack of maintenance at the complex, and the reports and recommendations of the Director of Planning and Inspection; and WHEREAS, at the hearing, the Council was informed that several of the deficiencies listed in the report of the Director of Planning and Inspection and the attached memorandum from Dave Fisher, Housing Inspector to the Director of Planning and Inspection dated September 28, 1989 had been remedied or improved between September 28, 1989 and October 9, 1989. Several trees had been removed or trimmed, the grass had been cut, and lights had been replaced. However, most of the deficiencies described in the reports were not corrected as of the date of the hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings: 1. That the ordinance provisions regarding the consideration of the rental dwelling license for Mr. Irwin Ketroser to operate a rental dwelling at 6525, 6527, and 6529 North Willow Lane have been met. 2. That Mr. Ketroser has been given the required by ordinance notice and the opportunity to appear before the City Council in support of his license renewal. • RESOLUTION NO. ATTEST: 3. That the City Council on October 9, 1989 reviewed the report of the Director of Planning and Inspection recommending disapproval of the license renewal, heard comments from Mr. Ketroser in support of the license renewal and received numerous complaints regarding the lack of maintenance at the complex from neighbors living in the immediate neighborhood. 1 4. That the City Council concludes that the rental dwelling at 6525, 6527, and 6529 North Willow Lane is not in compliance with the City's Housing Maintenance and Occupancy Ordinance due to deficiencies set forth in the report of the Director of Planning and Inspection and the attachments thereto. 5. That Mr. Ketroser has violated, or failed to comply with ordinances, statutes or legal directives regarding the operation of the rental dwelling at 6525, 6527, 6529 North Willow Lane. 6. That Mr. Ketroser has failed to correct or remove ordinance violations within a reasonable period of time after notice to do so. 7. That Mr. Ketrsoer has shown that he is unwilling or unable to maintain a rental dwelling in accordance with the minimum standards outlined in the City's Housing Maintenance and Occupancy Ordinance. 8. That the continued operation of said rental dwelling in the manner outlined above, constitutes a substantial threat to the public peace, health, safety or welfare. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the rental dwelling license of Mr. Irwin Ketroser to operate the rental dwelling at 6525, 6527, 6529 North Willow Lane is hereby denied and revoked and that it shall be unlawful for Mr. Ketroser, or his duly authorized agent, to permit any new occupancies of vacant or hereafter vacated rental units until such time as a valid operating license may be restored by the City Council of the City of Brooklyn Center. Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. to Ron Warren FROM: David Fisher DATE: November 13, 1989 RE: Irwin Ketroser's Property at 6525, 6527, 6529 Willow Lane FLOOR COVERINGS (12 -704) The floor coverings in the hallways, stairs, and locker rooms are half done. The laundry areas are not done yet; but, I talked with the tile installer and he thought he would have all the laundry rooms complete by the end of the day. EXTERIOR OF BUILDING AND GARAGE (12 -702) No sign of any work being done on the exterior of the building or garages. YARD MAINTENANCE AND UPKEEP (12 -317 & 12 -711) The ground still needs some sod or landscaping on the south side. The dumpster still has some debris around it, but it looks better. DF:tlh CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number / &F REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -20 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: * * * * * * * * * * * * **** *4* DIRECTOR * * ** ** PUBLIC * * ****WORKS ********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The City Council accepted the proposal from Schmidt Curb Co. Inc. by Resolution No. 89 -163 on August 28, 1989 and ordered the work for Improvement Project 1989 -20. The final cost exceeded the encumbered amount by $909.20 due to increased retaining wall length. Mr. Dave Olsen removed the existing fence from within the right -of -way to near his house prior to our construction. Our contract and plans called for new fence to be installed from south to north and connected to the existing fence at the right -of -way. Mr. Olsen may appeal to the City to install new fence or reconstruct the old fence on private property which was not done under this contract. Improvement Project 1989 -20 is complete and is recommended for acceptance by the City Council. Council Action Reauired Adopt the attached resolution. • • • Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -20 WHEREAS, pursuant to the written Contract for Improvement Project 1989 -20 and signed with the City of Brooklyn Center, Minnesota, Schmidt Curb Co. Inc. has satisfactorily completed the following improvement in accordance with said Contract. ATTEST: SIDEWALK INSTALLATION ON HUMBOLDT AVENUE FROM WOODBINE LANE TO 73RD AVENUE NORTH - IMPROVEMENT PROJECT 1989 -20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $12,143.00 $13,052.20 2. The value of work performed is $909.20 over the estimated amount due to an underestimation of 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 $13,052.20. Date Mayor 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 11/13/89 Agenda Item Number /®C�' REQUEST FOR COUNCIL CONSIDERATION v *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -21 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPPIRECT6R OF PUBLIC WORKS **************** * *4* * * * * * * * * * * * * * * * * * * * * * * * * ** ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: The City Council accepted the proposal from Schmidt Curb Co. Inc. by Resolution No. 89 -155 on August 14, 1989 and ordered the work for Improvement Project • 1989 -21. The final cost exceeded the encumbered amount by $449.73 due to additional sidewalk width and realignment of fence at the most northerly corner to facilitate driveway approach in lieu of payment for easement acquisition. Improvement Project 1989 -21 is complete and is recommended for acceptance by the City Council. Council Action Required Adopt the attached resolution. (supplemental sheets attached Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -21 WHEREAS, pursuant to the written Contract for Improvement Project 1989 -21 and signed with the City of Brooklyn Center, Minnesota, Schmidt Curb Co. Inc. has satisfactorily completed the following improvement in accordance with said Contract. CONCRETE SIDEWALK AND APPURTENANCES XERXES AVENUE NORTH FROM 65TH AVENUE NORTH TO 66TH AVENUE NORTH 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 Orginial Contract $6,426.00 $6,875.73 2. The value of work performed is $449.73 over the estimated amount due to underestimates of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $6,875.73. Date Mayor 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. /Cg CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number /O1 REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING ACQUISITION OF RIGHTS -OF -WAY AND EASEMENTS FOR IMPROVEMENT PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH) • • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP% DIRECTOR OF PUBLIC WORKS ****************** 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * *,* * *;F* * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) At the October 23 Council meeting staff presented a preliminary review of plans for realignment of the West River Road connection to 66th Avenue North, and of the easements which will be required to allow reconstruction of West River Road in accordance with plans which are being prepared. At that time Council requested staff to work with the consultant to minimize the amount of right -of- way acquisition needed for the intersection realignment. Attached is a copy of a revised realignment plan which provides for the following: o realignment of the intersection to minimize standards which will allow for desired turning movement, etc.; o construction of the proposed trailway along the westerly side of the roadway; o construction of a combination of noise mounds and noise walls (in the area where the distance between T.H. 252 and West River Road is inadequate to allow construction of a noise mound); o requires acquisition and removal of the house now owned by MNDOT - and which they have been using as a construction office (i.e. - 6626 West River Road); o requires acquisition of a permanent easement from the front of the one property adjacent to the MNDOT property (i.e. - 6632 West River Road); and o allows possible future realignment of roadways south of 66th Avenue. It is noted that staff has had preliminary discussions with MNDOT and with the owner of the adjacent property, and that it appears agreements can be negotiated which may be acceptable and beneficial to all parties. We wish to explore several options regarding possible property exchanges with this owner. • • • Staff requests that the City Council give tentative approval of the realignment plan and authorize staff to proceed with acquisition of the rights -of -way and easements required. Regarding the MNDOT property and the adjacent property, considerable negotiations will be required. The proposed resolution only allows staff to conduct those negotiations, and requires Council approval of any final agreements. Regarding the small construction easements required, the proposed resolution authorizes staff to proceed fully with the acquisition of those easements. Council Action Required Adoption of the attached resolution. Member introduced the following resolution and moved its adoption: Address RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION OF RIGHTS -OF -WAY AND EASEMENTS FOR IMPROVEMENT PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH WHEREAS, the Director of Public Works has advised the City Council regarding right -of -way acquisitions and easement acquisitions required to allow proper completion of Improvement Project No. 1988 -18, i.e. - West River Road between 66th Avenue North and 73rd Avenue North. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Manager is hereby authorized and directed to acquire temporary construction easements from the following parcels, based on appraisals of value to be completed by the City Assessor. P.I.D. No. Legal Description 6845 West River Road 36- 119 -21 -12 -0007 That part of the south 75 ft of Lot 1, Auditor's Subdivision No. 310, lying west of Willow Ln. 6854 West River Road 36- 119 -21 -12 -0009 That part lying north of the south 75 ft. of Lot 1 Auditor's Subdivision No. 310, lying west of Willow Lane Approximate Area of Easement 750 Sq Ft 800 Sq Ft 6926 West River Road 25- 119 -21 -43 -0039 Lot 9 Block 2 200 Sq Ft Lundgren 3rd Addition 6932 West River Road 25- 119 -21 -43 -0040 Lot 10 Block 2 150 Sq Ft Lundgren 3rd Addition 2. The City Manager is hereby authorized and directed to enter into negotiations with the State of Minnesota, Department of Transportation, for the purchase of the following parcel: Address P.I.D. No. 6626 West River Road Formerly 36- 119 -21 -13 -0036 (Has been removed from tax records) Legal Description Part of Lots 1 & 2, Blk 1, Replat of Part of Block 1, Olson's Island View Terrace and to submit any proposed purchase agreement therefore to the City Council for approval. /0/2 4,11 ATTEST: RESOLUTION NO. 3. The City Manager is hereby authorized and directed to enter into negotiations with the owner of the following parcel, for the acquisition of a permanent easement for roadway purposes: Address P.I.D. No. Legal Description 6632 West River Road 36- 119 -21 -13 -0004 Lot 13, Auditor's Subdivision No. 310 and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Clerk In conducting these negotiations, the City Manager is also authorized to propose the possible exchange of surplus portions from the adjacent MNDOT -owned property for the easement required from this property, and to consider other possible exchanges which may benefit the City and the owner. Any such proposed agreement for the acquisition of the easement and /or for exchange of properties shall be submitted to the City Council for approval. Date Mayor Approximate Area of Easement 4,610 Sq Ft 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: O T RF. -SIG. < <. TH. 252 10" 5 BIT. OR. i 0 ?.H. 25Z § O aa ›R - ^ 6" 3 s/ N IO` Lei 1 AtAiu4S1•1101.1 r-6' NOISE WALL 11 _ * b + MAILBOXS = .._ d , T v ' o — ;LBO MAI o d ROCK 1 < 117' 4 _ ... 011--..Se. 4" m u ( J' GAS 12" 9y °3 ROh D STAKE ' � a 4 8m STAKE A 12' ao 2 •' 10 ' I s sal as W § H 75.," . co ' m t as 15 SECS A -A I S' (r' - -- – 6' NOISE WALL I WEST RIVER ROAD BROOKLYN CENTER, MN. CITY PROJECT NO: 1988 -18 SEH FILE NO: 89180 88TH AVE. CONNECTION NOVEMBER 7, 1989 ' fV 4 24.43' • x 6 700 CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number /d /c REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AGREEMENTS WITH PUBLIC UTILITY COMPANIES TO REMOVE OVERHEAD UTILITIES ON PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH) • • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: MANAGER'S REVIEW/RECOMMENDATION: 9 4 Comments below/attached No comments to supplement this report *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached YeS At the October 23rd meeting, staff presented a preliminary report regarding the feasibility and costs relating to the possible "undergrounding" of overhead utilities along West River Road between 66th and 73rd Avenues. At that time, staff also presented a report regarding responses received to that date of the survey of the abutting owners which asked for their approval or disapproval of the proposal. At that time, the Council requested staff to obtain more detailed cost estimates and to again contact the property owners who had not previously responded to the survey. UPDATE: In response to the Council's request, NSP has developed a more detailed (but still preliminary) estimate of costs for undergrounding their lines. Their current cost estimates are: o for West River Road from 66th Avenue to 73rd Avenue o for Willow Lane from I -694 to 66th Avenue $45,000.00 $80,000.00 In addition to NSP's costs, there would be some costs relating to undergrounding of telephone and CATV lines which are supported on the same poles. However, those costs will be relatively small because all utilities would be placed into the trench dug by NSP, and work would be coordinated between the utility companies. The above costs compare to our previous estimate of $160,000 for the West River Road portion only. In addition, a detailed review of the existing NSP distribution system serving this area has shown that most of the properties abutting West River Road receive their electrical service either from: a) a secondary power line located behind the house, b) a secondary power line located between houses, or • • c) a service line which drops to another "drop pole" between the transmission line and the house. Accordingly, it now appears that none of the property owners would be required to convert their service to underground service if the transmission line is placed underground. Those who have a "drop pole" can have the option of placing their service line underground or not. And those who receive service from lines behind or alongside of their homes have the same opportunity they always had to have their service lines placed underground at their expense, at their option. Attached is an updated summary of replies received from the survey of property owners. Because of the new information noted above, the results of the survey are less significant because the City's decision to underground the transmission lines does not commit the property owners to additional expenses. However, if the Council approves undergrounding the transmission lines, staff will continue to work with the property owners to keep them advised of the City's decision and to advise each property owner of his /her options. Based on this information, staff recommends that the overhead utility lines be removed from West River Road between 66th and 73rd Avenue. A resolution authorizing the City Manager to negotiate the required agreements with the utility companies, and to submit the proposed agreements to the Council for approval is provided for consideration by the Council. It is also recommended that no action be taken at this time regarding the overhead utilities on Willow Lane between I -694 and 66th Avenue North until additional decisions are made regarding other developments in that area. CITY COUNCIL ACTION REOUIRED Adoption of the attached resolution. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AGREEMENTS WITH PUBLIC UTILITY COMPANIES TO REMOVE OVERHEAD UTILITIES ON PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH) BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized and directed to negotiate with those public utility companies who have existing overhead utilities located within, on, and along West River Road between 66th Avenue North and 73rd Avenue North for the removal of those overhead utilities and for their replacement underground in conjunction with proposed Improvement Project No. 1988 -18. The City Manager shall present the negotiated agreements to the City Council for its consideration and approval. ATTEST: Date Mayor 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. /Di • • UPDATED SUMMARY OF WEST RIVER ROAD OVERHEAD LINES SURVEY 7 NO RESPONSE 33 Total surveys sent NOVEMBER 7, 1989 14 In favor of removal of overhead electrical, telephone, and CATV lines from West River Road 12 NOT in favor of removal of overhead electrical, telephone, and CATV lines from West River Road NOTE: There are 35 properties on West River Road; one owner has 3 properties. CITY OP BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number / O REQUEST FOR COUNCIL CONSIDERATION ✓ *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION SUPPORTING THE TWIN LAKES /RYAN LAKE OUTLET MODIFICATION IMPROVEMENTS AS PROPOSED BY THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION • *********************************************************** * * * * * * * * * * * * * * * * * * * ** * * * * * * * * ** DEPT. APPROVAL: / * * * * * * * * * * * * ****** ** *R* * ** * * * ** PUBLIC * * ****WORKS ********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes On December 14, 1989 the Shingle Creek Watershed Management Commission will conduct a public hearing regarding the improvements proposed for the Twin Lakes /Ryan Lake outlet. The following items are attached for consideration by the City Council: o a copy of the Notice of Hearing o a copy of a summary report from the Director of Public Works o a copy of the feasibility report dated June 1989 as prepared for the Commission by James M. Montgomery, its consulting engineers o a resolution for consideration by. the City Council City Council Action Required A resolution is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION SUPPORTING THE TWIN LAKES /RYAN LAKE OUTLET MODIFICATION IMPROVEMENTS AS PROPOSED BY THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, pursuant to Brooklyn Center Resolution No. 89 -30 and Resolution No. 89 -123, the Shingle Creek Watershed Management Commission has conducted a feasibility study regarding outlet modifications for the Twin Lakes and Ryan Lake for the purpose of mitigating the effects of flooding on properties adjacent to these lakes; and WHEREAS, the Shingle Creek Watershed Management Commission will conduct a public hearing regarding these proposed improvements on December 14, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. That this Council hereby supports the proposed improvement and recommends that the Shingle Creek Watershed Management Commission proceed to accomplish construction of the proposed improvement. 2. The City Manager is hereby authorized and directed to attend the public hearing and to support the proposed improvement. Date Mayor 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. jD� SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55441 (612) 553 -1144 NOTICE OF HEARING TWIN LAKES /RYAN LAKE OUTLET MODIFICATION IMPROVEMENTS On December 14, 1989, at 1:30 o'clock p.m. at the Edinburgh USA, Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, Min- nesota, the Shingle Creek Watershed Management Commission will conduct a public hearing pursuant to Article VII, Subdivision 4, of the Joint Powers Agreement. The Commission will consider the improvements proposed for the Twin Lakes /Ryan Lake Outlet as presented in the feasibility study report dated June 8, 1989, which recommended that capital improve- ments are needed to accomplish the Commission's goals of increasing the low flow capacity of the Twin Lakes Outlet at France Avenue and reducing the 100 -year flood elevations in Ryan Lake, and will con- sider apportionment of costs in accordance with the Joint Powers Agreement and the Capital Improvement Policy relating to cost allo- cation. The estimated cost of the improvement is $153,900.00, and it is proposed that the cost of the improvements will be allocated to the Subdistrict area lying within the cities of Brooklyn Center, Brooklyn Park, Crystal, Minneapolis, New Hope, and Robbinsdale as follows: Cost Allocation Cost Allocation Based on Area Based on Tax Capacity Total Cost Brooklyn Center 8.8 $ 6,772 7.0 $ 5,387 7.9 $ 12,159 Brooklyn Park 12.7 9,773 11.4 8,772 12.1 18,545 Crystal 35.3 27,163 27.5 21,161 31.4 48,324 Minneapolis 7.1 5,463 9.1 7,003 8.1 12,466 New Hope 15.3 11,773 21.4 16,467 18.3 28,240 Robbinsdale 20.8 16,006 23.6 18,160 22.2 34,166 TOTALS 100.0 $76,950 100.0 $76,950 100.0 $153,900 The Commission will hear representatives of any member municipali- ties who wish to comment on the proposed Twin Lakes /Ryan Lake Outlet Modification Improvements. Comments may be made orally or in writing. Dated: October 27, 1989 Gerald E. Butcher Secretary Shingle Creek Watershed Manage- ment Commission • • TO: G. G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 6, 1989 RE: Twin Lakes /Ryan Lake Outlet Modifications Several areas in Brooklyn Center which are adjacent to the Twin Lakes and to Ryan Lake have historically been subject to periodic flooding, with large fluctuations in the water levels of those lakes. During the past several years the Brooklyn Center City Council has requested the Shingle Creek Watershed Management Commission (SCWMC) to study this matter and to develop a plan for mitigation of flood damages. Formal actions by the City Council include: o adoption of Resolution No. 89 -30 (copy attached) requesting that a feasibility study be conducted; and o adoption of Resolution No. 89 -123 (copy attached) requesting that the SCWMC commence proceedings to accomplish construction of the proposed improvement. On December 14, 1989 the SCWMC will conduct a public hearing regarding the proposed improvement. While the hearing notice does not include mention of this, it should be noted that the Commission has applied to the Minnesota Department of Natural Resources (DNR) for a $58,000 grant under their Flood Damage Reduction Grant Program. Should this application be approved by the DNR, the costs to the participation cities would be reduced. Because this improvement will provide substantial benefit to a number of properties in Brooklyn Center and because Brooklyn Center's share of costs for this project is very small in relation to the benefits received, I recommend that the City Council adopt the attached resolution which supports the proposed improvements and directs the City Manager to support them at the public hearing. Respectfully submitted, Sy 'Knapp Director of Public Works CITY OF B ROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 40 Member Jerry Pedlar moved its adoption: RESOLUTION NO. 89 -30 introduced the following resolution and RESOLUTION REQUESTING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR IMPLEMENTATION OF THE TWIN LAKES /RYAN LAKE OUTLET MODIFICATION WHEREAS, areas within the Cities of Brooklyn Center, Crystal and Robbinsdale which lie adjacent to the Twin Lakes and to Ryan Lake experience wide fluctuations in lake water levels, sometimes resulting in considerable flooding damage; and WHEREAS, the Shingle Creek Watershed Management Commission has recently completed preparation of a proposed management plan for the Shingle Creek Watershed, and a special report entitled "Twin Lakes /Ryan Lake Outlet Modification "; and has adopted a resolution establishing a Capital Improvements Policy, and WHEREAS, the Watershed Plan, the proposed outlet modification, and the capital improvement policy provide a basis for proceeding with improvements to the Twin Lakes /Ryan Lake outlet which will reduce flood damage resulting from high waters while protecting normal water levels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. That the City of Brooklyn Center hereby requests the Shingle Creek Watershed Management Commission to conduct a feasibility study for implementation of the Twin Lakes /Ryan Lake Outlet Modification. 2. That the Crystal City Council and the Robbinsdale City Council are hereby requested to support this request by the adoption of similar resolutions. February 13, 1989 Date CD ATTEST: .L t /I` O Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Jerry Pedlar, and Todd Paulson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Celia Scott introduced the following resolution and moved its adoption: WHEREAS, on February 13, 1989, the Brooklyn Center City Council adopted Resolution No. 89 -30 requesting the Shingle Creek Watershed Management Commission (SCWMC) to conduct a feasibility study for implementation of the Twin Lakes /Ryan Lake Outlet Modification; and WHEREAS, the SCWMC has completed a draft copy of that study and the Brooklyn Center City Council has reviewed that study and concurs with its findings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: ATTEST: i RESOLUTION APPROVING PROPOSED COST DISTRIBUTION FOR TWIN LAKES /RYAN LAKE OUTLET MODIFICATIONS 1. that this Council recommends acceptance and approval of that study by the SCWMC; 2. that this Council agrees with the cost distribution formula as described in that report and specifically agrees that the estimated $700 cost for construction of a weir, and right -of -way costs related thereto should be considered as a local improvement benefiting the City of Brooklyn Center; and 3. that the SCWMC is hereby requested to commence proceedings to accomplish construction of this proposed improvement. June 26, 1989 Date Clerk RESOLUTION NO. 89 -123 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. SHINGLE CREEK WATERSHED 11 11 11VIIIlaI ,411m14l lllW;llii ndu 1,1111! 1111 11111 111 ilWh LIl14111116rBllyn1111111idiiiik111 111111lili4iiiuftiilliJ tJWI11dIY11i1iih11111IY11IIiI11:1114U11i1OL111.1, 1, 111 i1,1111184,111111,NYivid i11$11111:1!IWViIdI1111/ JIM Shingle Creek Watershed Management Commission Feasibility Study Report Twin Lakes /Ryan Lake Outlet Modifications June 1989 JNN, s Ccnsuting En,cineers. Inc . Commissioners Shingle Creek Watershed Management Commission 3030 Harbor Lane Plymouth, MN 55447 Attention: Neil Johnson, Chairman Project: Subject: Gentlemen: Sincerely, cml Enclosure Twin Lakes /Ryan Lake Outlet Modifications Feasibility Study Submittal of Final Report illiam D. Wei•enbacher, P.E. Principal Engineer Serving the World's Environmental Needs , c October 23, 1989 Transmitted herewith is the Final Report for the Twin Lakes /Ryan Lake Outlet Modifications Feasibility Study. This report was ordered by the Commission on May 4, 1989. Resolutions requesting the Commission to prepare a feasibility study were approved by the City Councils of Brooklyn Center, Crystal and Robbinsdale. Copies of the resolutions are included in Appendix A of this report. A draft report was presented to the Commission on June 8, 1989. Revisions have been made to the report as directed by the Commission. In addition, the resolution adopted by the City of Brooklyn Park agreeing to pay the costs for construction of the weir at France Avenue and any right -of -way costs that may be required has been included in the Final Report as Appendix C. The report describes improvements for outlet modifications to the Twin Lakes Outlet at France Avenue and the Ryan Lake Outlet located in the northeast corner of Ryan Lake. In 1986, the Commission began studying ways to increase low flow capacity of Twin Lakes and reduce 100 -year flood elevations in Ryan Lake. The report also presents estimated costs for the improvements and a cost - sharing analysis for District C communities. Should you have any questions or comments on the Final Report, please contact us at 473 -4224. c Dale W. Claridge, P.E. Project Engineer William D. Weidenbacher, P.E. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION FEASIBILITY STUDY REPORT ON TWIN LAKES /RYAN LAKE OUTLET MODIFICATIONS June 8, 1989 Project No.'s 2405.0021 2405.0033 Prepared by: James M. Montgomery, Consulting Engineers, Inc. 545 Indian Mound Wayzata, Minnesota 55391 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ‘/ 81637 Oate 8r8 Registration No. 1 f r SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION Commissioners Sy Knapp Brooklyn Center Neil Johnson Brooklyn Park William Monk Crystal Gerry Butcher Maple Grove Marvin Hoshaw Minneapolis Mark Hanson New Hope Eugene Hakanson Osseo Fred Moore Plymouth Lee Gustafson Robbinsdale Administration Curt Pearson Legal Counsel Judie Anderson Recording Secretary f r PROJECT STAFF JMM /E. A. Hickok and Associates ENGINEERING William D. Weidenbacher, Principal Engineer Dale Claridge, Project Manager REPORT PRODUCTION Cheryl R. Storevik Wanda M. Hermanson TECHNICAL ASSISTANCE TWIN LAKES /RYAN LAKE SUBCOMMITTEE Sy Knapp Brooklyn Center Neil Johnson Brooklyn Park William Monk Crystal Perry Damon Minneapolis Milt Christensen Minneapolis Mark Hanson New Hope Lee Gustafson Robbinsdale r TABLE OF CONTENTS Page CONCLUSIONS 1 RECOMMENDATIONS 3 INTRODUCTION 6 OBJECTIVE 6 EXISTING DRAINAGE SYSTEM 9 TWIN LAKES OUTLET MODIFICATION 13 RYAN LAKE OUTLET MODIFICATION 19 RYAN CREEK CHANNEL /PIPE CAPACITY ANALYSIS 22 PROPOSED IMPROVEMENTS BY MINNEAPOLIS 25 RYAN LAKE OUTLET AND CHANNEL IMPROVEMENTS 27 COST- SHARING ANALYSIS 29 TWIN7.6 /OUTTOC LIST OF TABLES TABLE 1 - Results of Hydraulic Analysis for Twin Lakes Outlet Modification - 1 -Year Storm TABLE 2 - Preliminary Engineer's Cost Estimate for Twin Lakes Outlet Modification - Option 1 TABLE 3 - Preliminary Engineer's Cost Estimate for Twin Lakes Outlet Modification - Option 2 TABLE 4 - Results of Hydraulic Analysis for Ryan Lake Outlet Modification - 100 -Year Storm TABLE 5 - Preliminary Engineer's Cost Estimate for Ryan Lake Outlet Modification 15 16 18 21 28 • f LIST OF FIGURES Page FIGURE 1 - Project Study Area 8 FIGURE 2 - Twin Lakes /Ryan Lake Drainage Area 11 FIGURE 3 - Ryan Creek Drainage System 12 FIGURE 4 - Flooding Resulting When Capacity of 24 48 -Inch RCP is Exceeded FIGURE 5 - Capital Improvement District C 30 APPENDICES APPENDIX A - Resolutions adopted by the cities of Brooklyn Center, Crystal, and Robbinsdale requesting the SCWMC to prepare a feasibility study for the Twin Lakes /Ryan Lake Outlet Modification APPENDIX B - Cost estimate prepared by Minneapolis to increase the size of the proposed storm sewer enclosure of Ryan Creek from a 54 -inch pipe to a 60 -inch pipe APPENDIX C - Resolution adopted by Brooklyn Center agreeing to pay the cost for construction of the weir at France Avenue and any right -of -way costs that may be required TWIN6 /OUTTOC1 - ii- CONCLUSIONS The purpose of this study is to determine which combination of structure modifications to the Twin Lakes Outlet at France Avenue and the Ryan Lake Outlet will result in the most desirable alternatives to increase the low flow capacity of Twin Lakes and reduce 100 -year flood elevations in Ryan Lake. If a larger outlet is provided at France Avenue, the time necessary for lake levels in Twin Lakes to recede during a 1 -year frequency storm will be significantly reduced. The outlet of Ryan Lake located under the Soo Line railroad tracks controls water levels in the Twin Lakes /Ryan Lake Basin during a 100 -year frequency storm. If a larger outlet is provided from Ryan Lake, the peak elevation will be lowered. As a result, the number of low -lying structures that would experience flooding during a 100 -year storm will be reduced. Under existing conditions, the downstream capacity of the 48 -inch RCP storm sewer between Russell and Oliver Avenues is inadequate to contain 100 -year peak discharges from Ryan Lake. Flooding occurs at the intersection of Russell and 49th Avenue resulting in minor flooding of front yards and the parking lot on the south side of 49th Avenue. Stormwater eventually overflows to the east down 49th Avenue and drains to the larger 60 -inch RCP storm sewer at Oliver Avenue. If a larger outlet is provided from Ryan Lake, the peak flows downstream in Ryan Creek will be increased. However, the resulting increase in flood levels at the intersection of 49th and Russell will be insignificant (as compared to existing conditions) due to the overflow capacity of 49th Avenue. TWIN7.6 /OUT.1 The City of Minneapolis is proposing to bypass the existing 48 -inch RCP by • constructing a 54 -inch RCP to increase the flow capacity of the storm sewer. The existing 48 -inch RCP will be connected to the proposed 54 -inch RCP and utilized as a relief drain if necessary. The proposed 54 -inch RCP will accommodate 100 -year peak discharges from the existing 36 -inch RCP outlet at Ryan Lake as well as peak discharges from a proposed 42 -inch or 48 -inch RCP equivalent outlets. If the proposed storm sewer is increased to a 60 -inch RCP, it will have adequate capacity to handle 100 -year peak discharges from Ryan Lake with a proposed 54 -inch RCP equivalent outlet. The 54 -inch RCP equivalent was the largest outlet size considered for Ryan Lake since the existing outfall to Ryan Creek is a 54 -inch RCP under T.H. 152. On January 12, 1989, the Commission adopted a resolution defining districts within the Shingle Creek Watershed and establishing a capital improvement policy. The proposed improvements to the Twin Lakes Outlet, Ryan Lake Outlet, and Ryan Creek are located within District C which includes the communities of Brooklyn Center, Brooklyn Park, Crystal, Minneapolis, New Hope, and Robbinsdale. District C communities will be responsible for all capital improvement costs as outlined in the cost - sharing analysis section of this report. TWIN7.6 /OUT.1.1 -2-- RF,COMMENDATIONS The results of this study indicate that capital improvements are needed to accomplish the Commission's goals of increasing the low flow capacity of the Twin Lakes Outlet at France Avenue and reducing the 100 -year flood elevations in Ryan Lake. The proposed improvements as outlined in the report are feasible as they relate to general engineering principles and construction procedures. It is recommended that: 1. The Feasibility Study Report as presented herein be adopted by the Shingle Creek Watershed Management Commission. 2. The low flow capacity of the Twin Lakes Outlet at France Avenue be increased by replacing the existing 48 -inch RCP culvert with a 6'x4' concrete box culvert at a lower elevation and installing 20 -foot long concrete weir upstream to maintain the existing runout elevation. Estimated Cost: Box Culvert $47,200 Weir $ 700 3. The projected 100 -year flood elevations in the Twin Lakes /Ryan Lake Basin be lowered by increasing the flow capacity of the existing 36 -inch RCP outlet from Ryan Lake. Install a 30 -inch RCP alongside the existing outlet pipe at the same runout elevation (54 -inch RCP equivalent); clean out the existing 54 -inch RCP outfall to Ryan Creek under T.H. 152; and perform channel excavation along Ryan Creek to lower the channel bottom grade and improve hydraulic capacity of the channel. Estimated Cost: $70,000 TWIN7.6 /OUT.2 -3- 1 4. If the City of Minneapolis proceeds with the proposed storm sewer enclosure of Ryan Creek along 49th Avenue North which is scheduled for 1990, that the pipe size be increased from a 54 -inch RCP to a 60 -inch RCP. The Commission shall be responsible for the additional costs associated with the pipe size increase. These additional costs are outlined in the cost estimate prepared by Minneapolis and are included in Appendix B of the report. Estimated Cost: $36,700 5. The above recommended capital improvements, with the exception of the concrete weir at France Avenue, be considered 100 -year storm improvements that benefit all District C communities. The Commission shall be responsible for all costs associated with these 100 -year storm improvements based on the 50/50 formula (area /tax capacity) as outlined in the resolution adopted by the Commission defining districts within the Shingle Creek Watershed and establishing a capital improvement policy. As presented in the cost - analysis section of the report, the cost allocation for each District C community to fund the capital improvement costs for the 100 -year storm improvements are as follows: TWIN7.6 /0UT.2.1 Brooklyn Center $ 12,159 Brooklyn Park 18,545 Crystal 48,324 Minneapolis 12,466 New Hope 28,240 Robbinsdale 34,166 Total $153,900 -4- 1110 6. The concrete weir at France Avenue, designed to provide additional low flow capacity while maintaining the existing runout elevation of Twin Lakes, be considered a local improvement benefitting the City of Brooklyn Center. Brooklyn Center shall be responsible for the costs of the weir ($700) and any right -of -way costs that may be required. The Brooklyn Center City Council adopted a resolution on June 26, 1989 wherein Brooklyn Center agrees to pay the costs for construction of the weir and any right -of -way costs. A copy of the resolution is included in Appendix C of this report. 7. The additional 30 -inch RCP recommended at the outlet of Ryan Lake be bulkheaded if installed prior to the downstream improvements along Ryan Creek being in place. TWIN6 /OUT.2.2 -5- 1 i INTRODUCTION A hydraulic analysis on Twin Lakes /Ryan Lake was undertaken by the Commission in 1986 during the 509 planning process to address concerns regarding recent high water levels maintained in Twin Lakes after significant rainfall events. During periods of low flow such as a 1 -year frequency storm, the 48 -inch RCP culvert under France Avenue controls the flow from Twin Lakes (see Figure 1). It was determined from the 1986 study that if a larger structure was placed at France Avenue, the time it takes for lake levels in Twin Lakes to recede during a 1 -year frequency storm would be significantly reduced. During larger rainfall events such as 100 -year frequency storm, the smaller 36 -inch RCP culvert at the outlet of Ryan Lake was determined to control the water levels in the Twin Lakes/ Ryan Lake Basin. The 100 -year flood elevation projected by computer simulation methods would result in lake levels which would flood a number of homes adjacent to Twin Lakes and Ryan Lake. A further hydraulic analysis was performed in 1986 to determine the 100 -year flood elevation that would result in the Twin Lakes /Ryan Lake Basin if a larger structure was placed at the Ryan Lake outlet. It was determined that if the size of the Ryan Lake outlet was increased, the 100 -year flood elevation of the Twin Lakes /Ryan Lake Basin would be reduced. The larger outlet would also result in an increase in the peak discharge rate downstream in Ryan Creek. The effects of these increased flows in Ryan Creek were not determined as part of the 1986 analysis. OBJECTIVE The objective of this study is to determine which combination of structure modifications to the Twin Lakes outlet at France Avenue and the Ryan Lake outlet will result in the most desirable alternatives to increase the low flow capacity of Twin Lakes and reduce 100 -year flood elevations in Ryan Lake. Information previously generated in the 1986 analysis will be incorporated into this report. The costs associated with any outlet modification will be estimated and the resulting increase in peak discharges to Ryan Creek will be analyzed downstream to determine whether adequate channel capacity exists. Should flooding occur in Ryan Creek under existing conditions or as a result of any proposed upstream modifications, measures to increase downstream capacity such as channel improvements, larger storm sewer, etc. will be considered and costs estimated for these improvements. Cost allocation associated with the recommended improvements is presented in the cost - sharing analysis section. Benefitted areas of the Shingle Creek Watershed, namely District C, will be responsible for the costs of the improvements. t 1 in a �Pa AVE II MIK ■ 188 7 sO 1, (b/ Pa 1 � 2 cc II • gle I/ LJr 2 945 Pa 2 2 Lee 'ch A ¢ L J Pa OUTLET 48' RCP •, INV 851.35 S!6evi�w . ' S M C SS No Khpor s 1, i ) Northport L \ -, i. i Park '_ \'. Il ,. \ ' : t II °j 0 862 II � I I 6, ■4,41 h L AVE ; 0 41\ ¢ ¢ � ' Park w II": OUTLET 36' RCP . INV 849.10 f RYAN LAKE 7 0 Park > N IDLE • �) orin 2 1 1 r C wl 8 / n 1 U 1 8 i 2 46 / P - ) Lions Park 2 N Ca** 1 111 hi g e 11 426 1 r t ust✓" a• VE r 2 t 1 865 IS • 2 V,E VE \ 111T1 ‘ \v 0 5 DO H i 11 MM. II IP ti 5 E 1 P r E !FU!ld 2 4- 5 2 111 lto ` Sch fent�IScY - �eryvei I P: t r igh r 2 4 /8 f or Se Sch o FLL n 5 5 4/ 1 k-T4 11 1 ¢ nr Y 52D IL rr JIST DAVE. NII: Park � Ca nag alJ 4 N VF _oil i 4 I r _ 1 Kylawn ,4 Park __l JII � � ' -- ��lll��' 8 SHINGLE CREEK WMC PROJECT STUDY AREA 6 lGr nd e& rg Fvn 8461 � 2 4+ A , E 2 Q EA. HICKOK & ASSOCIATES AUG 8 8 HYDROLOGISTS - ENGINEERS FIG 1 MINNEAPOLIS-MINNESOTA EXISTING DRAINAGE SYSTEM Twin Lakes /Ryan Lake The Twin Lakes /Ryan Lake drainage area consists of 5,720 acres of urban land located in the south central portion of the Shingle Creek Watershed. This drainage area consists of six subwatersheds located in parts of Brooklyn Center, Brooklyn Park, Crystal, Minneapolis, New Hope and Robbinsdale (see Figure 2). A 48 -inch RCP culvert with an invert elevation of 851.35 is located at France Avenue and is the outlet for the Twin Lakes system. This culvert controls the discharge from Twin Lakes during low flow events such as a 1 -year frequency storm. During larger storm events such as a 100 -year frequency storm, the smaller 36 -inch RCP located under the railroad tracks in the northeast corner of Ryan Lake, at an invert elevation of 849.10, controls the discharge from both Twin Lakes and Ryan Lake. Thus, the existing Ryan Lake outlet causes the reservoirs to function together as one basin. The 36 -inch RCP outlet from Ryan Lake is connected to a 54 -inch RCP storm sewer which outlets to Ryan Creek east of T.H. 152. The 54 -inch storm sewer also picks up local drainage from Howe Fertilizer, Inc. as well as drainage from the intersection of 49th Avenue and T.H. 152 and low areas along T.H. 152 and the railroad tracks. Ryan Creek Ryan Creek, which consists of both open channel and storm sewer, flows easterly along 49th Avenue in Minneapolis outletting to Shingle Creek (see Figure 3). The first 1,600 feet of the creek between T.H. 152 and Russell Avenue is open channel. There is a 48 -inch CMP culvert located in the channel under a driveway across from Russell Avenue. East of Russell Avenue, Ryan Creek is enclosed in a storm sewer. The first section of storm sewer consists of 870 feet of 48 -inch RCP which was built in 1955. The remaining 2,000 feet of storm sewer increases to a larger 60 -inch RCP at Oliver Avenue. The 60 -inch RCP, which outlets to Shingle Creek, was installed in the previously open channel in 1981 and 1983. A storm sewer line was installed in the spring of 1988 along the south side of 49th Avenue from Washburn Avenue east past Sheridan Avenue where it outlets to Ryan Creek. This RCP storm sewer ranges in size from 18 -36 inches and collects runoff from a 19 acre drainage area. Additional runoff to Ryan Creek along 49th Avenue is collected in catch basins at the intersections of Russell, Queen, Penn, Oliver, Morgan, Knox and James Avenues. USC 11 MSCB • N \ \ T1\ M9C6a 1 MSCT `� — 6 JSC4 MSC 5a 1 ( 7 Y;n ) MSC 5 5 - - -- - 2. 1 \. \ �) l ` _� J \ MSC 2 { L SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TWIN LAKES / RYAN LAKE DRAINAGE AREA SHINGLE CREEK WATERSHED Twin Lakes /Ryan Lake Drainage Boundary Legal Watershed Boundary Subwatershed Boundary F Subwatershed Outlet/ Outlet Control Structure 1/2 0 2 1 1/4 1 Scale In Miles EA. HICKOK & ASSOCIATES HYDROLOGISTS-ENGINEERS MINNEAPOLIS - MINNESOTA NORTH AUG 88 FIG 2 ■1111=lab. • 1 Y41/4 Iro I 7 714 . ked JLJ ( AVE . 44 41 SCALE 1 500' • •. 2 4 oar 41 • • AVE .1 LORING 1 'Ill • 211 • 21211=. C NO 0 L 41 4 no • 4 2 4 • b1 - X 01 r••• 111v. T . ILL9 wit • r• •1 1.11.9 ' • SOO 2 HUMBOLDT YARDS • 2 ="" CFRTAA. 1- rirZ_ _ 46 r rm. A 00/1 214 - _ - 101,52 rjup N.,. • r 11.4 AV L.0 1 • Cr $ I- 0 d N • z - 2 .1111 2:11* 01 0 2.0 • ' I am 1 r 231,.• 2 2 am a.. ._...: Las , =1 Ht..2. = CO . ilj . CC = 1••• ' Z • •Vi . , < J J r X .: 0 .. -1 111 -Di 0 - • • r, 0 lAj r Cr ! Z 1 z ' CZ cc co IL • Cn • = . Iii . Z 0 \ A < 5 = cu.. x =. o, a. = 0 , z O 0 . ...1 49TH AVEc • ,...21 .2 .1 I •••22 1 " . 4 9 , k ' *.:. • t I - 1.4 - • -5..--m,-. - .18-38 ' Cli- rr P "" -L .• -4 ': __i,c___.k4 _,.... ••• .41.1 ----. 0 2 • 21 r0 0 AU INV 843 8 .-"\ - L'Ilah„ 48-Rcv• - ...... .............." ...... awl. .r...., ...... ..,....--,....., ., \ 48"CP.rAP 4 ' .---. 80"FICP . 4 :-... \ %% GO°‘ LINE •1••••4 16.1 1.• V^ Grnorr.1 C.••••( ......"■•••,...... iit a r......;54 ci , \ ---......,_ inr...,,.....: cR Gt‘ RAILROAD --......_ )----------- RYAN LAKE •-• r \-- • r - 54.• r • 2 X 0 Z • OPEN CHANNEL - ----STORM SEWER 7e • 45 YAP 404 FiS3' jrn". Li - I A_ 4- rib• 140 6i7e) , 0 r rn 0 •La • it•••• .114 • SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION RYAN CREEK DRAINAGE SYSTEM Ir- a I 0 S11.11 • 2 r -21I kr4.1- • C - " 2. SLID - - 0rma-r , ::•• IS. 14 .312 420 2 0 2 4 2 • 1 ( . • r••• t•--ID41-7.711111-- ' nib 2 0 3 . r111.• :it as raw 2 :112 •••1 tr.ILJ r(11. fl• • en, Cat 1. -- • - 4 Orr • • 000 _•, 44 I II • • • CC. •ElleE* EA. HICKOK St ASSOCIATES AUG 88 HYDROLOGISTS - ENGINEERS FIG 3 MINNEAPOLIS-MINNESOTA TWIN LAKES OUTLET MODIFICATION The hydraulic analysis on Twin Lakes /Ryan Lake undertaken by the Commission in 1986 consisted of analyzing the hydraulic capacity of the existing 48 -inch RCP outlet at France Avenue as well as three different alternatives to increase the capacity of the outlet and reduce the time necessary for lake levels to recede. The SCS TR -20 computer runoff model was used to simulate the effects resulting from a 1 -year frequency rainfall event on Twin Lakes considering four different outlet configurations. The following Twin Lakes outlet structures were analyzed: 1. Existing 48 -inch RCP culvert. 2. Existing 48 -inch RCP culvert plus one 18 -inch RCP culvert. 3. Existing 48 -inch RCP culvert plus two 18 -inch RCP culverts. 4. Existing 48 -inch RCP culvert plus three 18 -inch RCP culverts. The inverts of the 18 -inch RCP culverts were set at an elevation of 850.0. These culverts would be downstream of a 35 -foot long weir. The weir was set at an elevation of 851.35 to continue maintaining the existing runout elevation of Twin Lakes since low lake levels in the past have been a problem. The 18 -inch culverts were selected because they will be flowing full when water reaches elevation 851.5, thereby providing a high flow capacity when lake elevations range from 851.4 to 851.8. Results The results of the hydraulic analysis for the Twin Lakes outlet modification at France Avenue are summarized in Table 1. The time necessary for lake levels in Twin Lakes to recede during a 1 -year frequency storm was significantly reduced by increasing the capacity of the outlet. As shown in Table 1, if three 18 -inch RCP's were added to the existing 48 -inch RCP at France Avenue, the time necessary to lower Twin Lakes from a peak elevation of 852.0 to 851.5 will be reduced from 600 hours to 85 hours, a difference of about 21 days. Modifications to the outlet at France Avenue will result in greater discharges and an increase in lake levels downstream in Ryan Lake during the 1 -year frequency storm. Since the Ryan Lake outlet controls the discharge during a 100 -year frequency storm, modifications to the France Avenue culvert would not affect 100 -year lake levels of the basin since this structure equalizes lake levels in Twin Lakes and Ryan Lake. Cost Estimate A Preliminary Engineer's Cost Estimate to install one, two, or three additional 18 -inch RCP culverts at the existing outlet under France Avenue in conjunction with a 35 -foot long weir is shown in Table 2. Description of Peak Time to Drain From Peak Elevation Twin Lakes Outlet Elevation Peak Q Time to Peak Elevation to in Ryan Lake at France Avenue (NGVD) (cfs) Peak (hrs) Elevation 851.5 (hrs) (NGVD) 48 -inch RCP 852.1 4.8 28.0 600 849.8 (Existing) 48 -inch RCP plus 852.0 14.5 26.2 185 850.4 one 18 -inch RCP 48 -inch RCP plus 852.0 24.1 25.6 107 850.8 two 18 -inch RCP's 48 -inch RCP plus 852.0 32.9 25.2 85 851.1 three 18 -inch RCP's TWIN7.6 /OUTT1 TABLE 1 RESULTS OF HYDRAULIC ANALYSIS FOR TWIN LAKES OUTLET - 1 -YEAR STORM (Assumes existing 36 -inch RCP is in -place at Ryan Lake outlet) -15- JACK INSTALLATION OF ONE 18 -INCH PIPE UNDER FRANCE AVENUE ALONG WITH CONSTRUCTION OF 35 -FOOT LONG SHEET PILE WEIR Item No. Description Unit Quantity Unit Price Total Price 1 Mobilization L.S. 1 $ 4,000 $ 4,000 2 Jack 30" Diameter Steel Casing L.F. 66 $ 200 $13,200 (1/4" Thick) with 18" RCP 3 Construct Jacking Pit L.S. 1 $ 2,000 $ 2,000 4 Rip Rap Class III, S.Y. 40 $ 30 $ 1,200 1 -Foot Thick with Filter Fabric 5 Restoration (Erosion Control L.S. 1 $ 1,000 $ 1,000 Blankets) 6 Construct Bentonite Seepage Each 2 $ 300 $ 600 Dams 7 Furnish and Install Steel S.F. 200 $ 25 $ 5,000 Sheet Piling *If an additional 18 -inch RCP culvert is installed, increase total project cost by $33,000. If two additional 18 -inch RCP culverts are installed, increase total project cost by $26,000. NOTE: The above cost estimate does not include easement costs for land that may be required as part of this project. TWIN6 /WTT2 -16- TABLE 2 PRELIMINARY ENGINEER'S COST ESTIMATE FOR TWIN LAKES OUTLET MODIFICATION - OPTION 1 TOTAL ESTIMATED CONSTRUCTION COST $22,000 ENGINEERING (10%) $ 2,700 ADMINISTRATIVE ( 5 %) $ 1,400 CONTINGENCIES ( 7 %) $ 1,900 TOTAL $33,000* BOX CULVERT OPTION Subsequent to the above hydraulic analysis, the Commission discussed the possibility of replacing the existing 48 -inch RCP culvert at France Avenue with a concrete box culvert. The box culvert would need to provide sufficient low flow capacity similar to that provided by the addition of three 18 -inch RCP's while maintaining the existing runout elevation of 851.35. A hydraulic capacity analysis was performed for different size box culverts and various weir lengths. It was determined that a 6'x4' box culvert placed at an invert elevation of 850.0 and a 20 -foot long weir set at an elevation of 851.35 will achieve approximately the same low flow capacity as the existing 48 -inch RCP along with three 18 -inch RCP's and a 35 -foot weir. The 6'x4' box culvert will also provide a greater flow capacity to handle storm events larger than the 1 -year storm. The estimated costs to install a 6'x4' box culvert and a 20 -foot weir are outlined in a preliminary engineer's cost estimate shown in Table 3. REPLACE EXISTING 48 -INCH RCP CULVERT AT FRANCE AVENUE WITH A 6'x4' CONCRETE BOX CULVERT AND A 20 -FOOT LONG CONCRETE WEIR Item No. Description Unit Quantity Unit Price Total Price 1 Mobilization L.S. 1 $ 4,000 $ 4,000 2 6' span x 4' rise precast L.F. 66 $ 300 $19,800 concrete box culvert 3 12" concrete headwalls and C.Y. 12 $ 200 $ 2,400 wingwalls 4 6" concrete weir and slab 5 Remove existing 48" RCP culvert and wing walls 6 Remove and replace iron railings TABLE 3 PRELIMINARY ENGINEER'S COST ESTIMATE FOR TWIN LAKES OUTLET MODIFICATION - OPTION 2 C.Y. 3 $ 200 $ 600 L.S. 1 $ 3,000 $ 3,000 L.S. 2 $ 300 $ 600 7 Trench rock Tons 65 $ 8 $ 520 8 Class II riprap (grouted) with C.Y. 40 $ 60 $ 2,400 geotextile fabric 9 Remove and replace curb and L.F. 100 $ 8 $ 800 gutter 10 Class 5 Ton 110 $ 8 $ 11 Bituminous base Ton 50 $ 24 $ 1,200 12 Bituminous binder course S.Y. 230 $ 2.80 $ 650 13 Bituminous wear course S.Y. 230 $ 2.80 $ 650 14 Concrete Sidewalk S.F. 600 $ 2.00 $ 1,200 15 Restoration L.S. 1 $ 500 $ 500 Note: The above cost estimate does not include right -of -way costs for land that may be required as part of this project. TWIN6 /OUTT3 -18 - TOTAL ESTIMATED CCNSTRUCTICN COST $39,200 ENGINEERING (10%) $ 3,900 ADMINISTRATIVE ( 5 %) $ 2,000 CONTINGENCIES ( 7 %) $ 2,800 TOTAL $47,900 RYAN LAKE OUTLET MODIFICATION High water levels in the Twin Lakes /Ryan Lake Basin resulting from a 100 -year frequency storm over the watershed is an important concern of the Commission since flooding of low -lying structures adjacent to Twin Lakes and Ryan Lake will occur. The downstream capacity of Ryan Creek to handle 100 -year peak discharges from Ryan Lake will be determined as part of this study. Existing drainage problems along Ryan Creek will also be identified which may be adversely affected by providing a larger outlet at Ryan Lake. Hydraulic Analysis A hydraulic analysis using the SCS TR -20 computer runoff model was used to simulate a 100 -year frequency runoff event to determine both peak discharge rates to Ryan Creek and projected 100 -year flood elevations in the Twin Lakes/ Ryan Lake Basin. Four different outlet configurations at Ryan Lake were analyzed. The existing and proposed outlet structures would continue to maintain the current runout elevation of Ryan Lake at 849.10. The existing 36 -inch RCP would continue to be used, while the outlet capacity would be increased by the installation of ari additional outlet pipe under the railroad tracks alongside the existing 36 -inch RCP. The maximum outlet size for Ryan Lake considered in this analysis is a 54 -inch RCP equivalent since the existing outfall to Ryan Creek is a 54 -inch RCP under T.H. 152. The following Ryan Lake outlet structures were analyzed: 1. Existing 36 -inch RCP 2. Existing 36 -inch RCP plus 18 -inch RCP (Equivalent to a 42 -inch RCP) 3. Existing 36 -inch RCP plus 24 -inch RCP (Equivalent to a 48 -inch RCP) 4. Existing 36 -inch RCP plus 30 -inch RCP (Equivalent to a 54 -inch RCP) It is important to note that storm sewers discharging to Ryan Creek downstream of Ryan Lake will not be affected by peak discharge rates from Ryan Lake since peak discharges from Ryan Lake will occur much later. Results The results of the hydraulic analysis for the Ryan Lake outlet modification are summarized in Table 4. The 100 -year peak elevation in the Twin Lakes /Ryan Lake Basin will be lowered as a result of increasing the capacity of the outlet. As the peak elevation of the basin is lowered, the number of low -lying structures that will experience flooding is reduced. However, the peak discharges downstream to Ryan Creek will be increased. As shown in Table 4, the installation of a 30 -inch RCP in addition to the existing 36 -inch RCP (equivalent to a 54 -inch RCP) will lower the 100 -year peak elevation from 855.9 to 855.1, a difference of 0.8 feet. By lowering the peak elevation 0.8 feet, the number of structures below the 100 -year peak elevation that will experience flooding is reduced from 47 to 25, a difference of 22 structures. The corresponding peak discharge rate to Ryan Creek will be increased from 90 cfs to 135 cfs. At the 100 -year flood elevation of 855.1, the flow capacity of the existing 48 -inch RCP culvert at France Avenue plus three 18 -inch RCP's and a 35 -foot weir is 139 cfs. If a 6'x4' box culvert was installed at France Avenue as previously discussed, the flow capacity of the structure at the 100 -year flood elevation of 855.1 is 180 cfs. Therefore, both options for modifications to the France Avenue outlet would adequately pass the 100 -year peak flow of 135 cfs and the Ryan Lake outlet would continue to act as the control for the system. TABLE 4 RESULTS OF HYERALLIC ANALYSIS FOR RYAN LAKE OUTLET - 100 -YEAR STORM Peak Number of Description of Ryan Lake Elevation Structures Below Peak Q Time To Outlet Under Railroal Tracks (NGVD) Peak Elevation (cfs) Peak (hrs) 36 -inch RCP (Existing) 855.9 47 90 185 36 -inch RCP plus 18 -inch RCP 855.5 39 107 167 (Equivalent 42 -inch RCP) 36 -inch RCP plus 24 -inch RCP 855.3 33 120 159 (Equivalent 48 -inch RCP) 36 -inch RCP plus 30 -inch RCP 855.1 25 135 152 (Equivalent 54 -inch RCP) * Number of structures adjacent to Twin Lakes and Ryan Lake with lowest opening elevations below the projected 100 -year peak elevation. Additional structures located near Twin Lakes and Ryan Lake, specifically in the southwest corner of Ryan Lake, may also experience flooding at the peak elevations shown. 11 IN7.6 /OUTT4 -21- RYAN CREEK CHANNEL /PIPE CAPACITY ANALYSIS A channel /pipe capacity analysis of Ryan Creek was completed to determine the flow capacity of the creek and to identify any existing flooding problems. All field information necessary to complete the analysis was provided by the City of Brooklyn Center. Field work performed in April and May of 1988 included taking cross - sections of the open channel, determining invert elevations of the existing storm sewer system, and determining centerline elevations along 49th Avenue. Lowest opening elevations of homes located at the intersection of 49th Avenue and Russell Avenue were also determined. Channel Capacity The estimated capacity of the open channel varies from 115 cfs to 422 cfs and thus has adequate capacity to handle estimated 100 -year peak discharges from Ryan Lake under existing outlet conditions. During field inspections, the channel was found to be in relatively poor condition. Dense brush, tall weeds, and small trees are present in some places within the channel bottom and along the banks, particularly east of Sheridan Avenue. Assorted debris such as tires, trash, cans, metal boxes, boards and tree stumps is also present within the channel. The brush and debris reduce the hydraulic capacity of the channel and may create obstructions in the downstream storm sewer system. The 54 -inch RCP outletting to Ryan Creek east of T.H. 152 has approximately 1.5 to 2 feet of sediment within the pipe at the outlet. Pipe cleaning and channel excavation would be necessary as part of any outlet modification of Ryan Lake to assure adequate capacity is provided. Pipe Capacity The pipe capacity of the existing storm sewer system enclosing Ryan Creek between Russell Avenue and Shingle Creek was determined. The 48 -inch storm sewer at an average slope of .056% has a capacity of 40 cfs while the 60 -inch RCP further downstream has an average slope of .25% and a flow capacity of 140 cfs. Existing Flooding Problems The relatively flat slope and shallow depth of the 48 -inch storm sewer will result in flooding of the low area at the intersection of Russell and 49th Avenues as well as backing up water in the Ryan Creek channel. Figure 4 shows the area flooded when the capacity of the 48 -inch storm sewer is exceeded. Stormwater will eventually flow along 49th Avenue to the east to a low spot at the intersection of Oliver and 49th overflowing to catch basins draining to the larger 60 -inch storm sewer. It does not appear that any homes or businesses along 49th Avenue will experience direct flooding if the storm sewer capacity is exceeded since the area is relatively flat and stormwater will be contained mostly within the streets overflowing down 49th Avenue to the east. Some minor flooding will occur in front yards and in the parking lot on the south side of 49th Avenue. If a larger outlet is provided from Ryan Lake resulting in larger peak flows downstream in Ryan Creek, the increase in flood levels will be insignificant due to the overflow capacity of 49th Avenue. Residents along 49th Avenue have reported water seepage in basements when water is present in Ryan Creek. SCALE 1 "•200' MARKHURI ELEVATION 850 APPROXIMATE;'FLQODING LIMITS OVERFLOW SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION FLOODING RESULTING WHEN CAPACITY OF 48 "RCP IS EXCEEDED MINNEAPOLIS E.A. HICKOK & ASSOCIATES AUG 88 HYDROLOGISTS - ENGINEERS FIG 4 MINNEAPOLIS - MINNESOTA , PROPOSED IMPROVEMENTS BY MINNEAPOLIS Construction plans have been prepared by the City of Minneapolis to bypass the existing 48 -inch RCP located in the street by constructing a 54 -inch RCP storm sewer along the south side of 49th Avenue. The project would benefit the City of Minneapolis by minimizing local flooding and improve maintenance problems. The proposed 1,138 feet of 54 -inch RCP would extend from the existing 60 -inch RCP at Oliver Avenue west along 49th Avenue ending 180 feet west of Russell Avenue. The proposed storm sewer will replace 260 feet of open channel including the 48 -inch CMP culvert under the driveway across from Russell Avenue. The proposed 54 -inch storm sewer will have a flow capacity of 120 cfs at the design slope of 0.33 percent. The existing 48 -inch RCP will be connected to the proposed 54 -inch RCP at Queen and Oliver Avenues and utilized as a relief drain if necessary. The construction of the 54 -inch RCP storm sewer is scheduled for 1990. The estimated cost to install 1,138 feet of 54 -inch RCP by Minneapolis city crews is $384,000. A 60 -inch RCP constructed at the same slope would have a flow capacity of 160 cfs. The additional costs associated with increasing the storm sewer from a 54 -inch to a 60 -inch RCP is $36,700. These estimated costs are documented in a letter from Perry Damon to Dale Claridge dated May 26, 1989 which are included in Appendix B of this report. Below is a summary of the hydraulic capacity of the existing and proposed storm sewer system in Ryan Creek. - Existing system Capacity of 48 -inch RCP - 40 cfs Capacity of 60 -inch RCP - 140 cfs - Storm sewer extension proposed by the City of Minneapolis (48 -inch RCP replaced by 54 -inch RCP) Capacity of 54 -inch RCP - 120 cfs - Increase storm sewer extension capacity by installing a 60 -inch RCP instead of a 54 -inch RCP Capacity of 60 -inch RCP - 160 cfs* *Storm sewer system will be limited to 140 cfs, the capacity of the existing 60 -inch RCP downstream from Oliver to Shingle Creek. • • RYAN LAKE OUTLET AND CHANNEL IMPROVEMENTS Under existing conditions, the downstream capacity of the 48 -inch RCP storm sewer between Russell and Oliver Avenues is inadequate to handle estimated 100 -year peak discharges from Ryan Lake. If improvements are made to the storm sewer system as proposed by the City of Minneapolis, the capacity of the storm sewer will be increased from 40 cfs to 120 cfs. As shown in Table 4, the 100 -year peak discharge rate to Ryan Creek is estimated to be 120 cfs if a 24 -inch RCP is installed in addition to the existing 36 -inch RCP. The downstream capacity could be further increased to 140 cfs if a 60 -inch RCP is installed instead of the proposed 54 -inch RCP. However, with minor surcharging of the 54 -inch RCP and utilization of the 48 -inch RCP bypass, the capacity would be increased to 140 cfs. As shown in Table 4, the 100 -year peak discharge rate to Ryan Creek is estimated to be 135 cfs if a 30 -inch RCP is installed in addition to the existing 36 -inch RCP. Any proposed modifications to the Ryan Lake outlet should include sediment cleanout of the 54 -inch RCP outfall pipe and channel excavation along Ryan Creek to lower the channel bottom grade. The existing channel bottom grade will need to be lowered an average of 2.5 feet over a distance of 1,300 feet to match the invert of the existing 54 -inch RCP outfall east of T.H. 152 and the invert of the proposed storm sewer inlet west of Russell Avenue. This channel improvement will not only improve the hydraulic capacity of the creek to adequately handle peak discharges from Ryan Lake but will also clean the channel of unsightly debris and other materials. Cost Estimate A Preliminary Engineer's Cost Estimate to install an additional 18 -inch RCP, 24 -inch RCP, or 30 -inch RCP at the existing outlet of Ryan Lake in conjunction with Ryan Creek channel excavation is shown in Table 5. 8 1WIN7.6 /OUTT5 -28- TABLE 5 PRELIMINARY ENGINEER'S COST ESTIMATE FOR RYAN LAKE OUTLET MODIFICATION JACK INSTALLATION OF 18" RCP UNDER RAILROAD TRACKS ALONG WITH RYAN CREEK CHANNEL EXCAVATION Item No. Description Unit Quantity Unit Price Total Price 1 Mobilization L.S. 1 $ 4,000 $ 4,000 2 Jack 30" Diameter Steel Casing L.F. 8) $ 200 $ 16,000 (1/4" thick) with 18" RCP 3 18" Flared End with Rip Rap L.S. 1 $ 600 $ 600 and Filter Fabric 4 96" Diameter manhole Each 1 $ 3,000 $ 3,000 5 Jacking Pit With Dewatering L.S. 1 $ 5,000 $ 5,000 6 Construct Bentonite Seepage Each 2 $ 300 $ 600 Dams 7 Construct Inlet Skimmer Each 1 $ 2,000 $ 2,000 Structure Restoration (Erosion Control L.S. 1 $ 1,000 $ 1,000 Blanket with Seed and Fertilizer) 9 Soil Stabilization (Trench C.Y. 10 $ 10 $ 100 Rock) 10 36" RCP Flared End with Rip L.S. 1 $ 1,000 $ 1,000 Rap and Filter Fabric 11 Channel Excavation C.Y. 3,400 $ 4 $ 13,600 12 54" RCP Sediment Clean Out L.F. 450 $ 8 $ 3,600 13 Restoration (Hydro - Mulching) Acre 1.5 $ 1,000 $ 1,500 14 Clearing and Grubbing Acre 1.0 $ 1,000 $ 1,000 TOTAL ESTIMATED CONSTRUCTION COST $ 53,000 ENGINEERING (10%) $ 5,300 ADMINISTRATIVE ( 5 %) $ 2,700 CONTINGENCIES ( 7 %) $ 3,700 * If 24 -inch RCP is installed, increase Total Project Cost by $2,800. If 30 -inch RCP is installed, increase Total Project Cost by $5,300. TOTAL $ 64,700* • • 410 COST- SHARING ANALYSIS Article VII, Subdivision 4 of the Joint Powers Agreement provides that the Commission shall have authority to separate the Shingle Creek Watershed into subtrunks and subdistricts if the capital improvement project and costs only benefit a subtrunk or subdistrict area, and the Commission is further given authority to determine that a capital improvement benefits only a subtrunk or subdistrict area, which area shall be responsible for said costs, and allows the assessment of the costs to the subdistrict area rather than the entire watershed. On January 12, 1989, the Commission adopted a resolution defining districts within the Shingle Creek Watershed and establishing a capital improvement policy. The watershed was divided into three capital improvement districts. The proposed improvements to the Twin Lakes Outlet, Ryan Lake Outlet, and Ryan Creek are located within District C which is shown in Figure 5. District C is defined as that area draining to Ryan Creek upstream of its confluence with Shingle Creek at 49th Avenue North in Minneapolis which includes portions of six communities, namely, Brooklyn Center, Brooklyn Park, Crystal, Minneapolis, New Hope, and Robbinsdale. Article VIII, Subdivision 5 of the Joint Powers Agreement directs that the Commission shall apportion all capital costs based on 50 percent of the cost being allocated on the basis of real property values of each member within the boundaries, and 50 percent of all capital costs being allocated on the basis of area within the established boundaries, and allows this basic formula to be modified by a 7 /9th vote if: (a) any member receives a direct benefit from the capital improvements, which benefit can be defined as a lateral as well as a trunk benefit; or (b) the capital improvement provides a direct benefit to one or more members, which benefit is so disproportionate as to require in a sense of fairness a modification of the 50/50 formula. As provided in the resolution previously discussed, cost allocations for capital improvements shall be divided JON James M Montgomery Consulting Engineers Inc. c MSC8 • j 41.0011 USC • F). 7 ( 1 i 445F Bo MSC7 u N f use 3 MSC DISTRICT C S Ub SS( ..,,1 YS. I .115■ G SC 5 • SC >• ISS. d ISC 30 SHINGLE CREEK WATERSHED MSC 5 I.F ._I CAPITAL IMPROVEMENT DISTRICT C FIGURE 5 MSC ?e nt r. u« MSC? ti by the districts established by the resolution and shall follow the procedures outlined in the Joint Powers Agreement. The areas and 1988 tax capacities (replaces assessed valuations) were determined by each District C community and are shown below. 3) Ryan Creek Storm Sewer DISTRICT C (Ryan Creek Drainage Area) Acreage and Assessed Valuation Summary Acreage 1988 Tax Capacity Brooklyn Center 621 $ 2,722,414 Brooklyn Park 892 4,401,836 Crystal 2,480 10,607,305 Minneapolis 498 3,495,828 New Hope 1,075 8,243,748 Robbinsdale 1,460 9,128,979 Totals 7,025 acres $38,600,110 The following is a summary of the estimated costs associated with the Twin Lakes /Ryan Lake Outlet Modification Project. These costs include construction costs plus allowances for engineering (10 %), administrative (5 %), and contingencies (7 %). 1) France Avenue Outlet Improvements 6'x4' Concrete Box Culvert $ 47,200 Concrete weir (does not include right -of -way costs that may be required) 2) Ryan Lake Outlet Improvements Additional 30 -inch RCP outlet pipe and downstream channel improvements to Ryan Creek Oversizing proposed storm sewer enclosure of Ryan Creek from 54 -inch RCP to 60 -inch RCP TOTAL COST $154,600 * Includes only cost of oversizing. Source: City of Minneapolis. $ 700 $ 70,000 $ 36,700* . Since capital improvements associated with a 100 -year storm benefit all District C communities, the Commission shall be responsible for these costs based on the 50/50 formula (area /tax capacity). With the exception of the weir at France Avenue, the above improvements are considered 100 -year storm improvements. The weir at France Avenue was designed to provide additional low flow capacity while maintaining the existing runout elevation of Twin Lakes. Increasing the low flow capacity of the weir is considered a local improvement benefitting the City of Brooklyn Center, therefore, Brooklyn Center shall be responsible for the cost of the weir ($700) and any right -of -way that may be required. The Brooklyn Center City Council adopted a resolution on June 26, 1989 wherein Brooklyn Center agrees to pay the costs for construction of the weir and any right -of -way costs. A copy of the resolution is included in Appendix C of this report. Based on the 50/50 formula (area /tax capacity), the cost allocation for each District C community to fund the estimated capital improvement costs ($159,900) for 100 -year storm improvements are shown below. Cost Allocation Cost Allocation Based on Area Based on Tax Capacity Total Cost % Dollars % Dollars % Dollars Brooklyn Center 8.8 $ 6,772 7.0 $ 5,387 7.9 $ 12,159 Brooklyn Park 12.7 9,773 11.4 8,772 12.1 18,545 Crystal 35.3 27,163 27.5 21,161 31.4 48,324 Minneapolis 7.1 5,463 9.1 7,003 8.1 12,466 New Hope 15.3 11,773 21.4 16,467 18.3 28,240 Robbinsdale 20.8 16,006 23.6 18,160 22.2 34,166 TOTALS 100.0 $76,950 100.0 $76,950 100.0 $153,900 TWIN6 /OUT.2.3 -32- APPENDIX A Resolutions adopted by the cities of Brooklyn Center, Crystal and Robbinsdale requesting the SCWMC to prepare a feasibility study for the Twin Lakes /Ryan Lake Outlet Modification February 15, 1989 CITY B ROO k LYN CENTER Mr. Neil Johnson, Chairman Shingle Creek Watershed Management Commission Brooklyn Park City Hall 5800 - 85th Avenue North Brooklyn Park, MN 55443 Re: Twin Lakes /Ryan Lake Outlet Modifications Dear Mr. Johnson: Yours very truly, Sy Knapp Enclosure cc: Bill Monk, City Engineer, Crystal Lee Gustafson, City Engineer, Robbinsdale Judie Anderson, Recording Secretary ✓ Bi71 Wiedenbacker, E.A. Hickok & Associates SCWMMC Correspondence File Twin Lakes - Flood File 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE RECEIVED 911 FED 1 6 1989 E.A. Hicf' �!c Q: d,FSOCiates Enclosed is a certified copy of Resolution No. 89 -30, as adopted by the Brooklyn Center City Council on February 13, 1989, wherein the City of Brooklyn Center requests the Shingle Creek Watershed Management Commission to conduct a feasibility study for implementation of the Twin Lakes /Ryan Lake Outlet Modification as described in the September 8, 1988 report prepared by E. A. Hickok & Associates, and in accordance with the resolution establishing a Capital Improvement policy as adopted by the Commission on January 12, 1989. You will note that the resolution also requests that the cities of Crystal and Robbinsdale support this request by resolution of their City Councils. Please place this request on the agenda for the March 9, 1989 meeting. I'd also ask that you request Bill Wiedenbacker to submit a proposal to conduct the feasibility study so that this matter can be considered by the Commission at that meeting. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF BROOKLYN CENTER ) ss. Certification as to Extract of Minutes I, the undersigned, being the duly qualified and acting Executive Director of the City of Brooklyn Center, Minnesota do hereby certify as follows: 1. That attached hereto is an extract of minutes of a regular meeting of the Economic Development Authority in and for the City of Brooklyn Center held on February 13 19 R9 2. That said meeting was held pursuant to due call and notice thereof and was duly held at the City Hall in said City at 7 p.m. 3. That I have carefully compared the attached extract of minutes with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same related to Resolution No. 89 - 30 WITNESS, my hand as such Executive Director and the Corporate seal of the City this' 15th day of February , 19 89 1, ) I 1 c' ` ) '�� /,�� ', ( , 10)) )1111 . » 0 '''' ' 4„,,41 Executive Directory CITY OF BROOKLYN CENTER Member Jerry Pedlar moved its adoption: RESOLUTION NO. 89 -30 RESOLUTION REQUESTING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR IMPLEMENTATION OF THE TWIN LAKES /RYAN LAKE OUTLET MODIFICATION WHEREAS, areas within the Cities of Brooklyn Center, Crystal and Robbinsdale which lie adjacent to the Twin Lakes and to Ryan Lake experience wide fluctuations in lake water levels, sometimes resulting in considerable flooding damage; and WHEREAS, the Shingle Creek Watershed Management Commission has recently completed preparation of a proposed management plan for the Shingle Creek Watershed, and a special report entitled "Twin Lakes /Ryan Lake Outlet Modification "; and has adopted a resolution establishing a Capital Improvements Policy, and WHEREAS, the Watershed Plan, the proposed outlet modification, and the capital improvement policy provide a basis for proceeding with improvements to the Twin Lakes /Ryan Lake outlet which will reduce flood damage resulting from high waters while protecting normal water levels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of Brooklyn Center, Minnesota: 1 That the City of Brooklyn Center hereby requests the Shingle Creek Watershed Management Commission to conduct a feasibility study for implementation of the Twin Lakes /Ryan Lake Outlet Modification. 2. That the Crystal City Council and the Robbinsdale City Council are hereby requested to support this request by the adoption of similar resolutions. February 13, 1989 Date ATTEST: Clerk The motion for the adoption of member Todd Paulson voted in favor thereof: Dean introduced the following resolution and the City of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following Nyquist, Gene Lhotka, Jerry Pedlar, and Todd Paulson; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY CRYSTAL 4141 Douglas Drive North • Crystal, MN 55422 - 1696.537 -8421 1 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF CRYSTAL ADMINISTRATIVE OFFICE I, Darlene George, duly appointed and qualified City Clerk of the City of Crystal, do hereby certify that the attached is a true and correct copy of the original Resolution No. _$g_10 pertaining to preparation of a feasibility study for Twin r,ak¢/ Ryan Lake outlet modifications ' which was adopted by the Crystal City Council at its regular meeting held on March 7,, 1989 Witness my hand as such City Clerk and the corporate seal of said City of Crystal this 8th day of March 19 89 . SEAL Darlene George City Clerk City of Crystal 4 RESOLUTION NO. 89 - RESOLUTION REQUESTING SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO PREPARE A FEASIBILITY STUDY FOR TWIN LAKE /RYAN LAKE OUTLET MODIFICATIONS WHEREAS, areas within Crystal, Robbinsdale and Brooklyn Center which lie adjacent to Twin Lake and Ryan Lake experi- ence wide fluctuations in lake water levels that can result in considerable flooding damage, and WHEREAS, previous preliminary studies indicate outlet modifications at Twin Lake and Ryan Lake can lower flood levels and reduce the resultant damage. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby requests the Shingle Creek Watershed Manage- ment Commission prepare a feasibility study detailing improvements by which flooding around Twin Lake and Ryan Lake may be reduced but the low lake levels protected. Said improvement study shall include cost data describing the Commission's involvement and the participation level esti- mated for each member municipality. Adopted this 7th day of March, 1989. ATTEST: City Clerk / Mior Member auffenach and Member Holtz seconded a motion that the following resolution be read and adopted this 7th day of March 1989. RESOLUTION NO. 4154 RESOLUTION REQUESTING THE SHINGLE CREEK WATERSHED MANAGEMENT (XXt'1ISSION TO CONDUCT A FEASIBILITY STUDY OF THE TWIN LAKES/ RYAN LAKE OUTLET MODIFICATION THAT INCLUDES FUNDING OPTIONS AND RETURN SUCH STUDY TO THE CITY OF ROBBINSDALE FOR FURTHER REVIEW AND CONSIDERATION p obbfriso 4 (e WHEREAS, areas within the Cities of Brooklyn Center, Crystal and Robbinsdale which lie 8 jacent to the Twin Lakes and to Ryan Lake experience wide fluctuations in lake water levels,. sometimes resulting in considerable flooding damage; and WHEREAS, the Shingle Creek Watershed Management Commission has recently completed preparation of a proposed management plan for the Shingle Creek Watershed, and a special report entitled "Twin Lakes/Ryan Lake Outlet Modification "; and has adopted a resolution establishing a Capital Improvements Policy, and WHEREAS, the Watershed Plan, the proposed outlet modification, and the capital improvement policy provide a basis for proceeding with improvements to the Twin Lakes /Ryan Lake outlet which will reduce flood damage resulting from high waters while protecting normal water levels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Robbinsdale, Minnesota, that the City of Robbinsdale hereby requests the Shingle Creek Watershed Management Commission to conduct a feasibility study for the Twin Lakes /Ryan Lake Outlet Modification that includes funding options and return such study to the City of Robbinsdale for further review and consideration. The question was on the adoption of the resolution and .upon a vote being taken thereon the following voted in favor thereof: Ruffenach, Holtz, Johnson, Mayor Robb and the following voted against the same: NONE WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THIS 7th DAY OF March , 1989. ATTEST: rnadette H. Leaf, City Jerk (seal) ABSENT: BLONIGAN 4154 STATE OF MINNESOTA, COUNTY OF HENNEPIN, CITY OF ROBBINSDALE Robbinsdale, Hennepin County, Minnesota do hereby certify that I have compared the foregoing copy of resolution of the City Council of the City of Robbinsdale with the original record of such resolution in the minutes of the proceedings of said City Council held on March 7 , 19 89 and that the same is a true and correct copy of said original record and that said resolution was duly adopted by said City Council at said meeting. In Witness whereof I have hereunto set my hand and seal this 9th day of March 19 89 (Seal ) I, Bernadette H. Leaf , City Clerk of the City of ,4 APPENDIX B Cost estimate prepared by Minneapolis to increase the size of the proposed storm sewer enclosure of Ryan Creek from 54 -inch pipe to a 60 -inch pipe DEPARTMENT OF PUBLIC WORKS 203 CITY HALL MINNEAPOLIS, MINNESOTA 55415 PERRY D. SMITH, P.E. CITY ENGINEER - DIRECTOR OF PUBLIC WORKS MARVIN A. HOSHAW, P.E. DEPUTY CITY ENGINEER J. M. GARBER DIRECTOR, ADMINISTRATION J. F. HAYEK DIRECTOR, WATER WORKS R. KANNANKUTTY DIRECTOR, ENGR'G DESIGN M. J. KROENING DIRECTOR, GEN•L SERVICES B. J. LOKKESMOE DIRECTOR, OPERATIONS A. E. MADISON MANAGER, FINANCE M. J. MONAHAN DIRECTOR, TRAFFIC ENGR•G T. B. SADLER SUPERINTENDENT, EQUIPMENT S. J. SKOKAN .... MANAGER, PUBLIC WORKS BILLING Dear Dale: . FIRMATIVE ACTION EMPLOYER Dale Claridge JMM /Hickok, Consulting Engineers 545 Indian Mound Wayzata, MN 55391 0 TAI T RECEIVED 3 Q 89 ammennamma S 0 Y. 0 Re: Estimate to oversize Ryan Creek enclosure (54" to 60 ") I am also enclosing a copy of our cost estimate data sheet which we use for estimating construction costs. Enclosed are two estimates on the enclosing of Ryan Creek from Oliver to Sheridan Ave. N. Our original estimate for 54" reinforced concrete pipe was $384,010.75. The revised estimate using 60" reinforced concrete pipe is $420,689.17 which is a $36,678.42 cost increase. May 26, 1989 rr,• D. Damon P.E. Sewer Design Engineer Engineering Design eaz TTY/VOICE (612) 348 -2157 812 12" R.C.P. CL.II 854 54" R.C.P. CL.II F &I 511 CONSTRUCT MANHOLE -60" DIA. 500 CONSTRUCT INLET STRUCTURE 500 CONSTRUCT LARGE CHAMBER 530 CASTING ASSEMBLY -R &C 507 EXCAVATION 515 BACKFILL OF EXCAVATION 527 SAND FILL 516 COMPACTION l 517 REMOVE EXCAVATED MATERIAL 523 TURF ESTABLISHMENT 519 REPAIR STREET (OIL DIRT) 521 CONCRETE CURB B -6 708 CUT AND LOOP WATER MAIN TRAFFIC CONTROL LOCATION OF UTILITIES MOBILIZATION 508,515,524,525 MISC. (561,562,563,564) EST. NO. 1148 PROJECT: RYAN CREEK (SHERIDAN TO OLIVER) 54" PIPE SEWER PROJECT NO. PD7288 ITEM DESCRIPTION 712 ENGINEERING DESIGN @ 9.0% COMPTROLLER- TREASURER @ 3.5% CITY OF MINNEAPOLIS SEWER CONSTRUCTION COST ESTIMATE DATE: 4/4/88 UNIT AMOUNT UNIT COST TOTAL COST LF LF LF EACH EACH EACH CY CY CY CY CY SY SY LF EACH LS LS LS LS 28 14.80 1138 178.00 24 175.00 1 15000.00 1 8500.00 5 321.00 5235 4194 40 4234 500 1890 60 90 2 6.80 5.70 11.00 2.40 12.00 5.40 24.00 9.50 2000.00 1 2500.00 1 4500.00 1 3500.00 1 5000.00 S U B T O T A L = 340389.80 30635.08 S U B T O T A L = 371024.88 12985.87 T 0 T A L= 414.40 202564.00 4200.00 15000.00 8500.00 1605.00 35598.00 23905.80 440.00 10161.60 6000.00 10206.00 1440.00 855.00 4000.00 2500.00 4500.00 3500.00 5000.00 384010.75 10 812 12" R.C.P. CL.II 860 60" R.C.P. CL.II 511 CONSTRUCT MANHOLE-72" DIA. 500 CONSTRUCT INLET STRUCTURE 500 CONSTRUCT LARGE CHAMBER 530 CASTING ASSEMBLY-R&C 507 EXCAVATION 515 BACKFILL OF EXCAVATION lig 527 SAND FILL 516 COMPACTION 141, 517 REMOVE EXCAVATED MATERIAL 523 TURF ESTABLISHMENT 519 REPAIR STREET (OIL DIRT) 521 CONCRETE CURB B-6 708 CUT AND LOOP WATER MAIN TRAFFIC CONTROL LOCATION OF UTILITIES MOBILIZATION 508,515,524,525 MISC. (561,562,563,564) 1 EST. NO. 0048 PROJECT: RYAN CREEK (SHERIDAN TO OLIVER) 60" PIPE SEWER PROJECT NO. PD7288 ITEM DESCRIPTION 712 ENGINEERING DESIGN @ 9.0% COMPTROLLER-TREASURER @ 3.5% CITY OF MINNEAPOLIS SEWER CONSTRUCTION COST ESTIMATE DATE: 5/11/89 UNIT AMOUNT UNIT COST TOTAL COST LF LF LF EACH EACH EACH CY CY CY CY CY SY SY LF EACH LS LS LS LS 28 14.80 1138 206.00 24 202.00 1 15000.00 1 8500.00 5 321.00 5235 4194 40 4234 500 1890 60 90 2 6.80 5.70 11.00 2.40 12.00 5.40 24.00 9.50 2000.00 1 2500.00 1 4500.00 1 3500.00 1 5000.00 SUBTOTAL= 372901.80 33561.16 SUBTOTAL= 406462.96 14226.20 T 0 T A L= 414.40 234428.00 4848.00 15000.00 8500.00 1605.00 35598.00 23905.80 440.00 10161.60 6000.00 10206.00 1440.00 855.00 4000.00 2500.00 4500.00 3500.00 5000.00 420689.17 APPENDIX C Resolution adopted by Brooklyn Center agreeing to pay the cost for construction of the weir at France Avenue and any right -of -way costs that may be required • June 27, 1989 Mr. Neil Johnson, Chairman Shingle Creek Watershed Management Commission Brooklyn Park City Hall 5800 - 85th Avenue North Brooklyn Park, MN 55443 Re: Twin Lakes /Ryan Lake Outlet Modifications Dear Neil: CITY Of B ROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE 911 Enclosed is a certified copy of Resolution No. 89 -123, which was adopted by the Brooklyn Center City Council on June 26, 1989, wherein Brooklyn Center agrees to pay the $700 estimated costs for construction of the weir and the right -of -way costs related thereto. In addition, please note that our Council requests that the Commission commence proceedings to accomplish construction of this proposed improvement. Yours very truly, Sy Knapp Director of Public Works Enclosure cc: Judie Anderson, Recording Secretary nr ►u•wnu CRT • • STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota do hereby certify as follows: 1. That attached hereto is an extract of minutes of a regular meeting of the City Council of said City held on June 26 , 198 2. That said meeting was held pursuant to due call and notice thereof and was duly held at the City Hall in said City at 7 P.M. 3. That I have carefully compared the attached extract of minutes with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same related to Resolution No. 89 - 123 WITNESS, my hand as such Clerk and the Corporate seal of the City this 27th day of June , 19 89 (Seal) • ss. Certification as to Extract of Minutes AO. X TituiL City Clerk CITY OF BROOKLYN CENTER, MINNESOTA Member Celia Scott moved its adoption: RESOLUTION APPROVING PROPOSED COST DISTRIBUTION FOR TWIN LAKES /RYAN LAKE OUTLET MODIFICATIONS WHEREAS, on February 13, 1989, the Brooklyn Center City Council adopted Resolution No. 89 -30 requesting the Shingle Creek Watershed Management Commission (SCWMC) to conduct a feasibility study for implementation of the Twin Lakes/Ryan Lake Outlet Modification; and WHEREAS, the SCWMC has completed a draft copy of that study and the Brooklyn Center City Council has reviewed that study and concurs with its findings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. that this Council recommends acceptance and approval of that study by the SCWMC; 2. that this Council agrees with the cost distribution formula as described in that report and specifically agrees that the estimated $700 cost for construction of a weir, and right -of -way costs related thereto should be considered as a local improvement benefiting the City of Brooklyn Center; and 3. that the SCWMC is hereby requested to commence proceedings to accomplish construction of this proposed improvement. June 26, 1989 Date ATTEST: og Clerk RESOLUTION NO. 89 -123 introduced the following resolution and /1 May.,// • The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • • • CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number /01C REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION APPROVING RELEASE OF EASEMENT FOR SNOW FENCES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP DIRECTOR OF PUBLIC WORKS ** **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 * * * * *� * �4 **r,r * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: I recommend approval of this release. City Council Action Reauired Adoption of the attached resolution. ( 1 No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached At the time Brookdale was being constructed, the City obtained various rights -of -way and easements for the purpose of allowing construction of Xerxes Avenue and for maintenance of that street. Several easements included the right for Brooklyn Center to install snow fences on adjacent private properties. I believe the City did install snow fences in those areas for some years. However, as additional development occurred, that became unnecessary. Attached is a letter from attornies representing the Carson Pirie Scott store at Brookdale in which they request the release of the City's snow fence easements. Yes Member introduced the following resolution and moved its adoption: ATTEST: RESOLUTION NO. RESOLUTION APPROVING RELEASE OF EASEMENT FOR SNOW FENCES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that the Mayor and City Manager are hereby authorized and directed to execute a release of easements pertaining to the maintenance of snow fences as recorded in Document Number 3395169, 3395170, and 3395171 in the Office of the Hennepin County Recorder and as registered in document number 720378 in the Office of the Hennepin County Register of Titles. Date Mayor 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. /9K • • • WARREN E. EASTLUND MARK T. SOLSTAD THOMAS F. HUTCHINSON HANS F. ZIMMERMANN DALE J. MOE WILLIAM S. SEELEY MARY NORTON - LARSON SHARON N. HERLAND REID R. LINDOUIST OF COUNSEL JOSEPH R. CADE Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Knapp: DJM /clo Enclosure EASTLUND, SOLSTAD & HUTCHINSON, LTD. LAW OFFICES 1702 MIDWEST PLAZA BUILDING MINNEAPOLIS, MINNESOTA 55402 FACSIMILE 612 • 334 - 3184 TELEPHONE 612 •339 -8931 October 11, 1989 CAMBRIDGE OFFICE 222 SOUTH ASHLAND CAMBRIDGE, MINNESOTA 55008 612 • 689 -5734 Re: Carson Pirie Scott Store - Brookdale Shopping Center Tract A, R.L.S. No. 1191, Files of the Registrar of Titles, Hennepin County, Minnesota We have previously corresponded regarding snow fence easements shown as recitals on Certificate of Title No. 727530, which covers the Carson Pirie Scott Brookdale Store. In your letter to me of April 19, 1989, you indicated that the City of Brooklyn Center would be willing to release the snow fence portion of those Highway Easements filed in the Abstract Division as Document Nos. 3395169, 3395170, and 3395171, and filed in the Torrens Division as Document No. 720378, which affect the Carson property. Accordingly, as you requested, I have prepared a Release of Easement form for your consideration, which simply releases the snow fence easement back to CPS Realty Partnership, the fee owner, which is a division of Carson Pirie Scott Company. Please review the document and contract me with your comments. Very truly yours, EASTLUND, SOLSTAD & HUTCHINSON, LTD. WYt Dale J. Moe • RELEASE OF EASEMENT • KNOW ALL MEN BY THESE PRESENTS, that the City of Brooklyn Center, a Minnesota municipal corporation, for good and valuable consideration, does hereby convey, release and Quit Claim to CPS Realty Partnership, an Illinois Partnership, the following described real property, located in Hennepin County, Minnesota: Tract A, Registered Land Survey No. 1191, Files of the Registrar of Titles, Hennepin County, Minnesota from the right reserved to the grantor herein to construct and maintain snow fences as set out in the following Easement Agreements: Highway Easement dated June 5, 1962, granted by The Dayton Company to the Village of Brooklyn Center, recorded on March 4, 1963 as Document No. 3395169 in the Office of the Hennepin County Recorder. Highway Easement dated December 31, 1961, granted by The Dayton Company to the Village of Brooklyn Center, recorded March 4, 1963 as Document No. 3395170 in the Office of the Hennepin County Recorder. Highway Easement dated December 31, 1961, granted by The Dayton Company to the Village of Brooklyn Center, recorded March 4, 1963 as Document No. 3395171 in the Office of the Hennepin County Recorder. Highway Easement dated June 5, 1962 granted by Brookdale Center, Inc. to the Village of Brooklyn Center, registered March 8, 1963 as Document No. 720378 in the Office of the Hennepin County Registrar of Titles. This Release applies only to the above described real property and not to any other property encumbered by the said Easements. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this day of STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) City of Brooklyn Center By Its By Its The foregoing was acknowledged before me this day of 1989 by and — the and of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the corporation. This Instrument Drafted by: Dale J. Moe Attorney at Law EASTLUND, SOLSTAD & HUTCHINSON, LTD. 1702 Midwest Plaza Building 801 Nicollet Mall Minneapolis, Minnesota 55402 (612) 339 -8931 NOTARY PUBLIC , 1989. CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number &20C REQUEST FOR COUNCIL CONSIDERATION • *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RECOMMENDATION RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 0/ SY KNAPP OF PUBLIC WORKS / ** * * ***************************************** ***,* * *!r * * * * **. * * * * * * * * * ***.* * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: ,: °'" may,: No comments to supplement this report *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: 1110 The attached resolution represents the official council action required to expedite removal of the trees most recently marked by the city tree inspector in accordance with the procedures outlined therein. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. It is recommended the council adopt the attached resolution. Comments below /attached (supplemental sheets attached NO ) • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 11/13/89) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove shade trees on the owners' property; and WHEREAS, the City can expedite the removal of these shade trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER CITY OF BRKLYN CTR CITY OF BRKLYN CTR CITY OF BRKLYN CTR CITY OF BRKLYN CTR CITY OF BRKLYN CTR CITY OF BROOKLYN CTR CITY OF BRKLYN CTR CITY OF BC CITY OF BC B HAUGEN /D BERNARD KENNETH G WEISS CITY OF BRKLYN CTR CITY OF BROOKLYN CTR CITY OF BRKLYN CTR CITY OF BRKLYN CTR CITY OF BRKLYN CTR CITY OF BROOKLYN CTR CITY OF BROOKLYN CTR CITY OF BROOKLYN CTR CITY OF BROOKLYN CTR CITY OF BROOKLYN CTR PROPERTY ADDRESS TREE NUMBER NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK CABLE PARK CABLE PARK 7119 KYLE AVE N 6731 DREW AVE N NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK 'NORTHPORT PARK NORTHPORT PARK NORTHPORT PARK 534 535 536 537 538 539 540 580 581 582 583 584 585 586 587 588 589 590 591 592 593 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. /OL • RESOLUTION NO. ATTEST: 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. Date Mayor 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 SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) COMPACT POLICE PATROL SEDANS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of four (4) compact police patrol sedans are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of four (4) compact police patrol sedans in accordance with said specifications. ATTEST: Date Mayor 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. QOM • • • CALL FOR BIDS FOR FOUR (4) COMPACT POLICE PATROL SEDANS 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 a.m. on Thursday, December 12, 1989, at which time bids will be opened and read. The equipment to be furnished consists of the following as called for in the specifications: Four (4) Compact Police Patrol Sedans Proposed forms of contract documents, including the forms and specifications therefor, 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 bid 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 of the City Council D. K. Weeks, Clerk Date: November 13, 1989 (Published in the Brooklyn Center Post November 15, 1989) 1. GENERAL 2. GUARANTEE 3. DELIVERY DATE CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR FOUR (4) COMPACT SEDANS All bids must be received at the office of the City Clerk on or before 11 a.m., December 12, 1989, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for Compact Police Patrols." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities, and to award the contract to the best interest of the City. The police sedans proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service, and inspection submitted at the time of delivery. Manufacturer'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 police sedans the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the sedans the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all actions. The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material, and labor shall be replaced free of cost to the City of Brooklyn Center. 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 the bids. 6. PROOF OF WORKER'S 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. • • s GENERAL The vehicles and /or equipment called for herein shall be new compact sedans 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 the U.S. Department of Labor, Occupational Safety and Health Administration. BODY Four (4) door notchback. SEATING Standard seating, cloth upholstery, full foam padded seats. Head room front 38" minimum. Leg room front 42" minimum. Shoulder room front 58" minimum. TRUNK RELEASE Power release within easy reach of driver. WINDSHIELD WIPERS Should have high and low setting and intermittent control. MISCELLANEOUS EOUIPMENT Cigarette lighter. Rear window defogger or defroster. Tinted glass throughout. Factory air conditioning. Trunk light. Right and left hand remote adjustable mirrors. Speedometer. Rear door handles inoperative. All vehicles to be fleet keyed alike. Door edge guards. Tilt steering wheel. Power door locks. Carpet floor mats. Quartz clock. Electric windows. OPTION Left hand spotlight to be added or deleted at time order is placed. • CHASSIS Wheel Base: 107" minimum. COLOR MANUAL Brakes: Power disc front and rear. Front and rear semi - metallic brake linings. Transmission: Automatic transmission. 4 -speed with overdrive. Differential: Front wheel drive configuration. Suspension: Heavy duty front and rear suspension, shocks and springs, stabilizer bar front and rear, manufacturer's maximum capacity suspension for handling. Steering: Wheels and Tires: Engine Compartment: Power assisted. Wheels 15" belted radial tires. Engine 3.1L - V -6 design, 191 cu. in. displacement minimum, higher cooling capacity radiator - heavy duty, fuel filter, oil filter, air cleaner, heavy duty transmission cooler, etc. ELECTRICAL Heavy Duty Battery: Heavy duty (70 amp hour minimum). Generator: 100 amp. Radio: Standard AM. Lights: All lights to meet Minnesota Vehicle Code. Four at manufacturer's standard color - color to be chosen at time of order. One (1) Parts Manual and One (1) Service Manual to be provided. TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: PROPOSAL FOUR (4) COMPACT SEDANS We propose to furnish and deliver four (4) police sedans according to the specifications at the following bid price: 1. Bid Price Per Unit 2. Total Bid Price (Four (4) Units) 3. Delivery Date Signed: Firm Name: Address: Date: Bid Opening: December 12, 1989, 11 a.m. (calender days) • • CITY OF BROOKLYN CENTER Council Meeting Date 11/13/89 Agenda Item Number /OW REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY ASSESSOR APPOINTMENT *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Signature - title ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: * * * * * * * * * * * * * * * * * * * * * ** No comments to supplement this report ( Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Approximately six months ago City Assessor Pete Koole resigned to take a similar position with the City of Bloomington. We conducted a statewide job search and interviewed five final candidates for the vacant assessor's position. Out of this process Mark Parish, then an appraiser II in our assessing department, was judged to be the best candidate for the city assessor's vacant position. However, Mark lacked the senior accredited certificate from the Minnesota State Board of Assessors, which is one of the minimum qualifications for the city assessor position. I was informed that Mark had most of the work and the education requirements for the senior accreditation and would be eligible for accreditation before the end of 1989. I was assured that Mark could complete this accreditation before the end of 1989 and, in agreement with the City of Bloomington, appointed Pete Koole interim assessor through 1989 and appointed Mark Parish deputy assessor until he achieved accreditation. I have been notified this week the State Board of Assessors have or will be shortly issuing a senior accreditation to Mark Parish, thus qualifying him for appointment as city assessor of the City of Brooklyn Center. Since his appointment as deputy assessor in early spring of 1989 he has demonstrated the on- the -job capability and performance to handle the job of city assessor. RECOMMENDATION: It is my recommendation that the City Council approve the attached resolution appointing Mark Parish as city assessor for the City of Brooklyn Center. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING A CITY ASSESSOR WHEREAS, Section 6.02, Subdivision 3(a) of the City Charter of the City of Brooklyn Center requires appointment of department heads be made final only upon a majority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Mark P. Parish is hereby appointed as City Assessor of the City of Brooklyn Center. ATTEST: Date Mayor 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. /Civ • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of November ,19 89 , at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 of the city ordinances. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES REGARDING LIOUOR THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 11 -702 (3) For 1989 on -sale Class C liquor licensees. calculation of the percent, of applicable revenue derived from the serving of foods for consumption on the premises shall be made beginning in 1991 for licenses issued for 1992 and subsequent years. //a. ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of AI LEST: Clerk Mayor Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • • • CITY OF BROOKLYN CENTER Council Meeting Date 11 -13 -89 Agenda Item Number ///7 REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: An Ordinance Amending Chapter 3 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the C1 and C1A Districts and Requiring Abatement of Signs on Abandoned Premises DEPARTMENT APP . 3LAL: • Signature - title Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X On the City Council's November 13, 1989 agenda is a Sign Ordinance amendment which has been reviewed and recommended by the Planning Commission at its October 26, 1989 meeting. The amendment changes the Sign Ordinance in three ways: 1. Classifies signs advertising or identifying businesses that are no longer in operation as off - premise advertising signs (or billboards) which makes such signs prohibited by the ordinance. It also provides for a procedure to notify property owners and for abatement if such signs are not removed within a specified period of time. 2. Allows larger and higher freestanding signs in the C1 and C1A zoning districts for Service /Office uses. 3. Allows public uses such as churches, synagogues, temples and other public or semi - public uses including schools entitled to a second freestanding sign to have the option of one larger and higher sign in certain cases. Attached is a copy of pages 5 through 7 of the Planning Commission's October 26, 1989 minutes relating to this Sign Ordinance amendment and also a copy of an October 10, 1989 memo relating to these subjects and various sign surveys conducted by the City Planner. The first part of this Sign Ordinance Amendment relating to the abatement of signs at abandoned building sites is related to a deficiency in our ordinance which was discovered after the Showbiz Pizza operation pulled out of its building on John Martin Drive. This portion of the amendment makes it clear that such signs are to be removed, and if they are not removed in a timely manner, a.procedure for City abatement can be undertaken. The other two aspects of this Sign Ordinance amendment are related to research and review undertaken by the City staff after the submission of a variance request by the Brooklyn Center School District. The staff agreed to research other Sign Ordinances to see if there might be justification for an ordinance amendment allowing larger signs for public or semi - public uses such as the high school after it appeared that the variance request would not meet the Standards for a Variance contained in the Sign Ordinance (Note: As a point of information, variance requests have often been used as a vehicle for the Planning Commission and City Council to discuss ordinance amendments, even though variance standard arguments are not strong). Brooklyn Center High School currently has a 13' high, 60 sq. ft. (6' x 10') freestanding sign. The sign is nonconforming in that it is larger and higher than what the City's Sign Ordinance allows for all public and semi - public places or uses in any zoning districts. The Sign Ordinance limits such signs to 36 sq. ft. in area and 10'high. It allows a second freestanding sign if the use abuts two or more streets. The school district wanted to replace the nonconforming sign, which is in need of major repair, with an aesthetically more attractive sign, but one which is also slightly larger and higher than the existing sign. They proposed a new sign approximately 67 sq. ft. in area and 14 1/2' high. Such a sign could not be permitted under the City Ordinances. It should be noted that the current Sign Ordinance limitations for freestanding signs for public and semi - public uses are the same as for Service /Office uses in the C1 and C1A zoning districts. For this reason, we believed it was important to survey other communities regarding their Service /Office sign criteria as well as their public and semi - public sign criteria. It did not seem appropriate to perhaps allow larger signs for public and semi - public uses, which are often in or close to single- family residential areas, than would be allowed in C1 or CIA districts. The Planner's survey indicated that the Brooklyn Center Sign Ordinance limitations of 36 sq. ft. in area and 10' high for office uses in limited business districts were below the overall average of other cities surveyed. The average maximum size sign allowed was 90' in area and about 21' high. With respect to public and semi - public uses, our Sign Ordinance was in the middle range. The average maximum was 43.7 sq. ft. in area and 19.8' high. Because Brooklyn Center seemed to be clearly below the limits allowed for offices in limited business districts in other communities, it was recommended to increase the size of freestanding signs from 36 sq. ft. in area and 10' high to 72 sq. ft. in area and 20' high. There was not a strong rationale to increase the size of individual freestanding signs for the public and semi - public uses. As a means of addressing the larger high school sign, which we would agree is aesthetically not a problem, it was recommended that public and semi - public uses entitled to a second freestanding sign could, as an option, choose to have only one freestanding sign that is twice the area (72 sq. ft.) and half again as high (15') as that otherwise allowed for such uses. As mentioned, the Planning Commission discussed this report and recommendation quite extensively at its October 26, 1989 meeting and did recommend approval of the ordinance amendment. The Brooklyn Center School District has been notified of the results of the survey and the recommendation. They concur with the report and are willing to forego a second freestanding sign to take advantage of the proposed option. • • • The Secretary noted that the main projects left to be built in the tax increment district were the fourth phase of the Brookdale Corporate Center by Ryan Construction and the second phase of the Earle Brown Commons apartment project. Chairperson Malecki noted that the duty of the Commission was to consider whether the proposed boundary change was consistent with the Comprehensive Plan. She asked how the Commission should do this. The Secretary noted that there were places in the redevelopment plan for the Earle Brown tax increment district relating to land use. He noted that the City has amended the Comprehensive Plan to acknowledge mixed uses in the area north of Summit Drive around the Earle Brown Farm. He stated that he did not see any inconsistencies with the Comprehensive Plan as far as land use presented by the boundary change. Commissioner Ainas also stated that he could see no objection to the boundary change. Mr. Hoffman answered that staff would bring a resolution for the Commission's consideration and action at the next Planning Commission meeting. He added that other comments regarding the boundary change could be offered in addition to land use concerns. Commissioner Mann asked whether a district must have new housing constructed in order to qualify as a tax increment district. Mr. Hoffman responded that the City can establish districts for different purposes and that housing is only one of those purposes. Chairperson Malecki asked whether the City would have had more contact with the school district by the next Planning Commission meeting. Mr. Hoffman stated that the boundary change issue would have been worked out with the school district by the first Planning Commission meeting in November. Mr. Hoffman commented briefly that the only downside for the school district from the boundary change had to do with special elections. The Secretary commented that, at the State level, there is talk that school districts would get out of the property tax business altogether. He noted that this would change the impact of the tax increment district on the school's finances. The result would be that schools would gain State aids while cities would lose it. He added that property taxes would probably remain about the same overall. The Secretary concluded that staff would bring back a resolution so that the City Council could consider the matter at their November 27 meeting. Sign Ordinance Amendments The Secretary then referred the Commission's attention to a lengthy draft amendment to the Sign Ordinance dealing with the abatement of obsolete signs, optional freestanding signs and larger freestanding signs in the Cl and CIA districts. The Secretary explained that the City received a variance request from the Brooklyn Center School District in September for a new freestanding sign at Brooklyn Center High School. The Secretary explained that the sign that exists on the property is nonconforming and cannot be altered or enlarged. New signery must conform with the Sign Ordinance, he said. The Secretary also noted that the same size sign is allowed for public and semi - public and office uses in the Sign Ordinance. He pointed out that the City complied with the Sign Ordinance when they removed their old freestanding sign some years ago and replaced it with a new sign. The Secretary went on to explain that staff had done a survey of ordinances in other cities relating to public, semi - public and office freestanding signs. He briefly reviewed the findings of that survey and another survey of existing high school signs contained in a memo from the Planner . He noted that, although Brooklyn Center School District points to the Park Center High School sign as an example of what they 10 -26 -89 -5- • are competing with, that sign is a nonconforming sign in Brooklyn Park. The Secretary explained that the ordinance amendment, as it relates to public and semi- public uses, would allow one freestanding sign of double the area in cases where two freestanding signs would otherwise be allowed. He reviewed briefly the provisions of the draft ordinance amendment, noting the abatement provision. He pointed to the Bosa Donut sign and the Showbiz Pizza sign as examples of obsolete signery which should be removed when an establishment closes. He stated that the other portions of the amendment provide for the possibility of a single, larger freestanding sign in place of two smaller freestanding signs. Commissioner Ainas suggested that the provisions relating to removal of obsolete signs add language relating to freestanding support structures which would also have to be removed. Commissioner McCloskey asked whether the 30 day notice indicated in the ordinance amendment would be sent out after 60 days from the closing of a business or after 90 days. The Secretary responded that it would be after 90 days and that it would give a property owner an additional 30 days to remove an obsolete sign. He stated that for the City to remove a sign is a drastic act which should only be a last resort. Commissioner McCloskey asked what the size of the Best Buy sign was at Westbrook Mall. The Secretary responded that he assumed it was about 250 sq. ft., or the maximum allowed. Commissioner McCloskey asked whether the ordinance amendment would allow a sign up to 375 sq. ft. The Secretary responded in the affirmative. Commissioner McCloskey stated that he would oppose such a provision as allowing too large a sign. The Secretary responded that the Commission did not have to address the C2, I -1 and I -2 districts if they did not want to. The Secretary explained that he felt the Commission should address the C1 and C1A zones since the allowable signery in those districts is definitely below the Metropolitan average. He pointed out that a large office building in a CIA zone is only entitled to a 36 sq. ft. freestanding sign, whereas the same building located in a C2 zone would probably be allowed a 250 sq. ft. sign. The Planner explained that the draft ordinance does present a trade -off between different sign choices. He admitted that it would allow larger single signs, but that there would be less overall signery since the number of signs would have to be reduced. He stated that he did not think most commercial establishments would choose to give up a freestanding sign in order to have a larger single sign, but that the option would be consistent with the option offered in the C1 and C1A zones and for public and semi - public uses. The Secretary stated that he did not think there was much of a concern about equal protection between the different zoning districts. Commissioner McCloskey stated that he still felt that 250 sq. ft. is an awfully big sign to begin with and that he did not want to see larger signs, even if the number of signs would be fewer. The Secretary asked the Commission whether they would like to eliminate the single, larger sign option from the C2, I -1 and I -2 districts. No one dissented from this suggestion. Commissioner Johnson asked why the ordinance was being changed for a school. He asked why a school needs so much signery. The Secretary explained that the school district mainly wanted a reader board on their sign at the high school. He stated that he agreed with Commissioner Johnson to a great extent and that staff spend a lot of time defending the ordinances that are in force. He added that the City, which also had a nonconforming sign some years ago, lived within the ordinance when a new freestanding sign was erected for the City Hall and Community Center. He added that the staff did a lot of checking with other communities and with other existing freestanding signs before considering a change which would allow a larger freestanding sign. 10 -26 -89 -6- • • • Commissioner McCloskey asked how the high school signs would be different from signs allowed for churches, synagogues, etc. The Secretary answered that they would be the same. The Planner explained that the provision in the Sign Ordinance relating to freestanding signs for public and semi - public uses simply refers back to the signs allowed for churches, synagogues, etc. and that, therefore, it was that portion of the ordinance which was addressed in the amendment. ACTION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE SIGN ORDINANCE Motion by Commissioner Bernards seconded by Commissioner Ainas to recommend adoption of an amendment to the Sign Ordinance containing provisions relating to abatement of obsolete signs and their support structures, allowing for larger freestanding signs for the Cl and CIA districts and allowing for a larger single signs for offices, public and semi - public uses when properties are eligible for a second freestanding sign (in accordance with the changes recommended by the Commission discussion). Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. The Secretary informed the Commission that their next meeting would be November 16 and that he would try to bring back the PUD Ordinance and an ordinance relating to group homes. The Planner informed the Commission that he had discussed with a developer within the past month a possible proposal for a rezoning of the F and M Bank site on Xerxes Avenue North to C2. He stated that he had discouraged the developer from seeking such a rezoning since a similar proposal had been denied in 1977 and that the neighborhood has not changed nor has the Comprehensive Plan recommended a change. He informed the Commission that no rezoning application had been submitted as of that date and that perhaps the developer would give up the idea. The Secretary added that the proposed rezoning of the property in 1977 was unceremoniously denied and he doubted that there would be any political support for such a rezoning. In response to a comment from Commissioner Ainas, the Secretary answered that staff have received various land use proposals over the years. He noted that there have been questions about rezoning the Four Courts Apartments property also. He stated that he felt the apartment development served as an appropriate buffer between the residential neighborhood to the north and the heavily commercial area to the south. ADJOURNMENT Motion by Commissioner Bernards seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:29 p.m. 10 -26 -89 -7- Chairman MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner SUBJECT: Sign Surveys DATE: October 10, 1989 Attached are two surveys regarding signs. The first is a survey of City ordinance requirements of a number of other suburbs pertaining to the height and size of freestanding signs for office uses (generally in limited business districts) and for public and semi - public uses. The other survey is of actual freestanding signs at a number of high schools and a few junior high schools in suburbs in Minneapolis. Photographics of these signs have been included for your review. Ordinances A) Office. The survey of ordinance requirements for office uses in limited business districts showed that Brooklyn Center's size limit of 36 sq. ft. and 10' height limit are somewhat below the average allowed. The sign limitations ranged from 32 sq. ft. and 8' height limit in Maple Grove to 250 sq. ft. in area in Crystal and a maximum height of 35' in Crystal and Hopkins. The average maximum allowed was approximately 90 sq. ft. in area and 21.3' in height. Generally, a second sign is allowed on a second street frontage. B) Public and Semi - Public Uses: The survey of ordinance requirements for public and semi - public uses in either residential or institutional zones showed that Brooklyn Center's size limit of 36 sq. ft. and 10' height limit are roughly within the middle of the range allowed in other communities though somewhat below the average. The Sign limitations ranged from no signs allowed in residential districts in Osseo to 100 sq. ft. in area allowed in Coon Rapids and no height limit in Bloomington, Minnetonka and New Hope. (The maximum height allowed in a City with an explicit restriction is a general restriction of 36' in Plymouth. The minimum was 6' high in Edina.) The average limitations for public and semi - public freestanding signs are 43.7 sq. ft. in area and 19.8' in height. Again, a second sign is generally allowed when the use is located on a corner lot. Survey of Existing Signs I also traveled to eleven (11) high schools and two (2) junior high schools to check out their freestanding signs. Aside from a 450 sq. ft. roof painted "BHS" near the Blaine High School property, the largest signs I encountered were a 9' x 12' (108 sq. ft.) sign at Park Center High School and a 6' x 18' (108 sq. ft.) sign at Cooper High School in New Hope (this latter sign was monolithic and the area of the base is included). The highest sign was the Park Center High School sign at 25'. (This sign is apparently nonconforming and predates the Brooklyn Park Sign Ordinance.) The smallest signs were 24 sq. ft. at Anoka High School, Edina Senior High School and Valley View Junior High School (also Edina). The lowest sign was 4' high at Coon Rapids High School. The Anoka High School and Blaine High School had a second freestanding sign near the main entrance to the building. Three schools (Osseo High School, St. Louis Park High School and Richfield High School) had no freestanding signs at all. The average size sign for schools that had them was approximately 50 sq. ft. (excluding the Blaine roof sign). The average height was 8.5'. • Memo Page 2 October 10, 1989 Conclusion The limitations in the Brooklyn Center Sign Ordinance relating to office uses in limited business districts are clearly below the average allowed in the nineteen (19) communities surveyed. Some adjustment to this category, up to 72 sq. ft. or even larger and a height of up to 20' may be warranted. The survey indicates that most cities restrict freestanding signs for public and semi - public uses to a smaller size and lower height than offices in limited business zones. In Br000klyn Center, these restrictions are the same. Some differential may be justified considering that most C1 parcels have frontage along major streets and are not tucked away in residential neighborhoods as many schools and churches are. As to freestanding signs for public and semi - public uses, Brooklyn Center's Sign Ordinance restrictions are certainly not unreasonable though they are somewhat below average. As we have discussed, it may be appropriate to allow institutional uses on corner lots the option of choosing a larger, single freestanding sign, rather than two smaller signs. I would say the single sign should certainly not exceed the total area allowed for the two separate signs (72 sq. ft. as opposed to 36 sq. ft.). We could also consider some modification related to amount of street frontage as we have for uses in the C2, I-1, and I -2 zones ( a second sign allowed if there is more than /400' of frontage along two collector or arterial streets) . Such a modification might allow more or larger signs for larger institutional uses. Another consideration that a couple cities use is the type of street. The higher the classification of street, the larger sign allowed. This type of regulation has merit, but should definitely be applied to all zoning districts, not just residential. Finally, we could consider increasing the size of the basic sign allowed. While Brooklyn Center is somewhat below the average, our basic sign limitation in residential zones is in the middle range of those cities surveyed. I do not recommend much of a change in the basic sign allowed. The height of the sign allowed is definitely below the average and some modification, perhaps up to 15' in height could be considered. If I can assist you any further in resolving the question of the high school's identification sign, please let me know. • CITY Blaine (784 -6700) Bloomington (887 -9636) Brooklyn Park (424 -8000) Burnsville (895 -4400) Coon Rapids (780 -6430) Crystal (536 -8421) Eden Prairie (937 -2262) Edina (927 -8861) Minnetonka (933 -2511) Fridley (571 -3450) SIGN SURVEO RDINANCES) OFFICE FREESTANDING SIGN PUBLIC /SEMI- PUBLIC SIGN 140 sq. ft. /25 ht. maximum 36 sq. ft /10' ht. (Com.) (R1) 40 sq. ft. /2' above highest outside wall 24 sq. ft. /no ht. limit (B1- limited office) (R1) - variances 75 sq. ft. /25' for pylon 15' above grade (B1, B2, B3) 50 sq. ft. (20' high above grade) • based on thoroughfare classification 20 sq. ft. (2 per entance) in residential and PUD provisions districts. Larger signs as part of PUD. 100 sq. ft. /30' ht. limit office district 1 sign per lot /2 on corner lot; setback 10' 50 sq.ft + 11 sq. ft. additional for each additional 1' of setback, 1' additional ht. per 1' setback over 10'. Maximum area 250 sq. ft. /maximum ht. 35' at 28' setback 50 sq. ft. on one street. 36 sq. ft. on second /8' maximum ht. in limited off. dist. 80 sq. ft. in Commercial District. 50 sq. ft. for 2nd frontage 36 sq. ft. 24 sq. ft. /6' ht. 8' ht. 32 sq. ft. on local streets /20' ht. limit. 32 sq. ft. + 1' for each additional 1' of frontage over 300' up to a max. of 100 sq.ft./ 30' ht. limt. sign proposal approved by City Council (10' minimum setback) 80 sq. ft. 8' ht. 35 sq. ft. /32' ht. 30 sq. ft. /no ht. limit (B1 district) Area identification sign Inst. sign in all districts 80 sq. ft. /25' ht. 32 sq. ft. /no ht. limit CIT� Golden ;Tre (593 -8094) Hopkins (935 -8474) Maple Grove (420 -4000) New Hope (533 -1521) St. Louis Park (924 -2500) OFFICE FREESTANDING SIGN 4110 40 sq. ft. total for site /25' ht. 60 sq. ft. /35' ht. (B1) 32 sq. ft. /8' ht. typical sign packages PUBLIC /SEMI- PUBLIC SIGN 4110 40 sq. ft. for site /25' ht. 12 sq. or 60 sq. ft. by conditional use permit 35' ht. limit 18 sq. ft. /6' ht. occ. sign 35 sq. ft. /8' ht. area identification sign 40 sq. ft. /75 sq. ft. /200 sq. ft. depending governmental agencies unregulated churches on street class and schools 15 1 sign, 2 on corner lot 20 sq. ft. /no ht. limit collector, minor arterial, principal arterial Osseo 1 sq, ft. front ft. of building freestanding signs not acknowledged in residential (424 -2624) 50 sq. ft. maximum /8' ht. district Plymouth (559 -2800) 64 sq. ft. /16' ht. /20' setback 32 sq. ft. /36' ht. (general limit) (B1) Richfield (869 -7521) 200 sq. ft. /27' ht. (clearance of 7' on Institutional uses 50 sq. ft. /25' ht. property 8' over sidewalk) Robbinsdale (537 -4534 50 sq. ft. + 1 sq. ft. for additional of Institutional uses allowed 25 sq. ft. + 1 sq. ft. frontage over 50 ht. for each 1' of frontage over 50' up to 50 sq. ft. 100 sq. ft. per face /25' 60 sq. ft. /15' in residential districts (B1) HIGH SCHOOL FTANDING SIGNS HIGH SCHOOL 1. Park Center High School 7300 Brooklyn Boulevard Brooklyn Park, MN 2. Osseo Senior High School 317 2nd Avenue N.W. Osseo 3. Anoka High School 2' x 12' (24 sq. ft.) 22' x 12' (30 sq. ft.) 3939 7th Avenue North 52' high 7' high Anoka (also Anoka Tech sign) (in front of school) 4. Blaine High School 12555 University Ave. N.E. Blaine 5. Coon Rapids High School 2340 NW Northdale Boulevard Coon Rapids 6. Cooper High School 8230 47th Avenue North New Hope 7. Armstrong High School 10635 36th AVenue North Plymouth 8. St. Louis Park High School 6425 West 33rd St. St. Louis Park 9. Edina Sr. High School 6754 Valley View Road Edina 11. Richfield High School No freestanding sign FREESTANDING IDENTIFICATION SIGNS 9' x 12' (108 sq. ft. - approximate) 25' high (approximate) No freestanding sign 10. Valley View Jr.H.S. 4' x 6' (24 sq. ft.) 6' high 15' x 30' (450 sq. ft.) roof sign("BHS ") 25' high 22' x 12' (30 sq. ft.) 4' high (2 signs at angle) 6' x 18' (108 sq. ft.) 6 high 3' x 10' (30 sq. ft.) 11' high No freestanding sign 4' x 6' (24 sq. ft.) 6' high 12. Kennedy High School 6' x 16' (96 sq. ft.) Bloomington 9' high (3 sided sign) 22' x 12' (30 sq. ft.) 8' high 125th& University Jr.H.S. 22' x 18' (45 sq. ft.) 6' high • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1989 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance regarding allowing optional freestanding signs allowing larger freestanding signs in the C1 and C1A districts, and requiring abatement of signs on abandoned premises. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES TO ALLOW OPTIONAL FREESTANDING SIGNS, TO ALLOW LARGER FREESTANDING SIGNS IN THE C1 AND C1A DISTRICTS, AND REQUIRING ABATEMENT OF SIGNS ON ABANDONED PREMISES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 34 -130. PROHIBITED SIGNS. Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner 11. Off- Premises Advertising Signs except as otherwise permitted by Section 34 -140 and Section 35 -800 of the City Ordinances. Signs advertising a business no longer operating on the premises shall be deemed off - premises advertising signs and must be abated in accordance with Section 34 -140. 1j. Section 34 -140 PERMITTED SIGNS. 1. General Requirements and Standards for Permitted Signs 3. When the occupant of a building or parcel ceases to use the property and abandons the site or building space, all signery associated with the former occupant shall be removed. It shall be the responsibility of the property owner to effect the removal of such signery and any support structure. If the owner of the property fails to remove all obsolete signery within 90 days after the former occupant vacates the premises, the City shall be entitled to have such signery removed, either by its own forces or by hire of a licensed sign contractor and the cost of such removal shall be assessed against the property. The owner of the property shall receive written notice of the City's intent to remove obsolete signery at least 30 days p for to the action. • • ORDINANCE NO. Individual detached establishments or enterprises and the aggregate of attached establishments or enterprises clustered in a multitenant building may have one freestanding sign with a maximum area of [36] 72 square feet. The sign shall not extend more than [10] 20 feet above ground level. In the event an establishment or multitenant building abuts two or more streets which are at least collector or arterial in character, one such freestanding sign may be erected along each such street. Establishments or multitenant buildings entitled to a second freestanding sign may elect to have a single freestanding sign of up to 108 sq. ft., provided the single sign is located along a collector or arterial street. D. Public and Semi- Public Places (All Districts) 1. Churches, synagogues and temples may have the following signs: 3. Permitted Signs Requiring a Permit B. Commercial (C1 and C1A) Districts 2. Freestanding Signs Individual and Clustered Establishments a. One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level. There may be a second such sign if the use abuts two or more streets. Properties entitled to a second freestanding sign may elect to erect a single freestanding sign not exceeding 72 square feet in area nor 15 feet in height. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this ATTEST: Clerk day of , 1989. Mayor Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter. 10 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY OF BROOKLYN CENTER Council Meeting Date / 11/13/89 Agenda Item Number / a REQUEST FOR COUNCIL CONSIDERATION Private Kennel License - 6915 Lee Avenue North *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVA /‘L/ Administrative Aide Signature - title ***********************,* *********************************** * * * * * * *** * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) Ms. Diane Baer has submitted an application for a private kennel license. She has three dogs. The police department records indicate two complaints in the last year regarding barking dogs. There are no other complaints pertaining to dogs for this address. The health department has made an inspection and their recommendations are attached. Please note item #5. This type of requirement has only been recommended for one other private kennel license. The council should consider this recommendation. . . is it reasonable to require an owner to install this type of surface for a license we will only grant for up to three years. • • • DATE: TO: FROM: SUBJECT: M E M O R A N D U M November 3, 1989 Patti Page, Administrative Aide Pam Foster, Public Health Sanitarian Private Kennel License Application for: 6915 Lee Avenue North, Brooklyn Center, MN The following is a list of requirements that we will recommend be stipulated to Ms. Diane Baer for approval of a Private Kennel license at 6915 Lee Avenue North. 1. Animal feces to be cleaned up daily in warm weather and every other day in cold weather. Her current procedure is only a few times per week (two animals are approximately 75 lbs. each, another is 25 lbs.). 2. Water supplied to the animals daily. On both of our scheduled and unscheduled visits, we noted that there was no water present in any of the bowls. 3. Food contained in bowls. any spills on the around to be cleaned up to minimize rodent attraction. This was noted as a problem during our unscheduled visit. Bulk food was properly stored in a covered container. 4. One additional dog house be provided so that each animal is protected from the elements. Currently, there are only two houses for three dogs. 5. A smooth, impervious surface be provided for adequate cleaning. Currently, the area consists partially of cement blocks where feces and urine can accumulate in the crevices and dirt. 6. The heights of the current 4 feet fence be extended to 6 feet to prevent the animals from lumping over. Ms. Baer must contact the Building Department for fence construction set back requirements. At our unscheduled visit, the dogs were barking loudly, jumping and hanging their front paws over the fence. Sanitarian Aide LuAnn Merritt and I were very surprised that despite our scheduling an appointment for the inspection, Ms Baer had not made the effort to clean the kennel that day, provide water in the animals' bowls or provide us with • • • receipts of license and vaccine. We feel that if the above requirements are not met, we cannot recommend approval of this Private Kennel license. PAF:jt Encl: Photos 1-Please turn fa Neal.* Dept. • L.� y [ . r i l - Y - / 0-23 -s9 3:3e jo#' 40915 Leto , 'roaklt K.• 1 ease return 4v Heali1 r Nit y me, -w. 1..* . ' , rdisakible /0- 23- gQ 3: 30pm 69'5 Let , roc4/c. ' Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance clarifying the definition of convenience food restaurants. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -900. DEFINITIONS. The language set forth in the text of this zoning ordinance shall be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in the singular include the plural and the plural includes the singular. Convenience -Food Restaurant - An establishment with over 40 dining seats or in a separate building, whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready -to -eat state for consumption either within the premises or for carry -out with consumption either on or off the premises, and whose design or principal method of operation includes both of the following characteristics: Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of ATTEST: Clerk CITY OF BROOKLYN CENTER ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLARIFYING THE DEFINITION OF CONVENIENCE FOOD RESTAURANTS 1. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by an employee but receives it at a counter; window, or similar facility for carrying to another location on or off the premises for consumption. , 19 Mayor Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION IN THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 26, 1989 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:35 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren, Planner Gary Shallcross and Economic Development Coordinator Brad Hoffman. APPROVAL OF MINUTES - AUGUST 17, 1989 Commissioner McCloskey noted a change on page 5 in the third paragraph from the bottom that the word should be "fills ", rather than "fails." Motion by Commissioner Ainas seconded by Commissioner Mann to approve the minutes of the August 17, 1989 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. APPLICATION NO. 89024 (Tim Johnson /Subway Sandwiches) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate a convenience food restaurant in the retail building at 1950 57th Avenue North (part of Northbrook Shopping Center). The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89024 attached). The Secretary noted that the proposed hours of operation were from 11:00 a.m. to 2:00 a.m., rather than 2:00 p.m. as noted in the report. Chairperson Malecki asked the applicant whether he had anything to add. Mr. Tim Johnson stated that he had nothing to add to the staff report. Chairperson Malecki asked whether the Chuckwagon was still located at Northbr000k Shopping Center. The Secretary answered in the affirmative, noting that it was in the northerly building. The Planner stated that the Chuckwagon has not been considered a convenience food restaurant although there is some carry -out of food from the establishment and it does abut R3 zoned property across the street. Commissioner Bernards asked what the hours of the shopping center and Superamerica were. The Secretary stated that he was not sure of the hours of the shopping center, but that Superamerica was a 24 hour operation. He stated that the liquor store's hours were regulated by State law. Commissioner Bernards asked whether there might be a police problem because of the late hours. The Secretary stated that there would probably be somewhat of a demand for police services during the late hours. Commissioner Bernards stated that if the sandwich shop were the only establishment open that late, he could see more of a problem, but that as long as Superamerica is open across the street, there may be more people around to prevent crime problems. PUBLIC HEARING (Application No. 89024) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Ms. Beverly Holmes, of 10 -26 -89 -1- 5649 Logan Avenue North, stated that she was concerned regarding the 2:00 a.m. closing. She stated that she was concerned that it might create another hangout for young people. Ms. Holmes stated that Superamerica is already somewhat of a hangout and that this establishment may also be one. The Secretary suggested that perhaps the applicant should respond to the issue of hours of operation. Mr. Tim Johnson stated that he had three existing shops in the Metro area and that he is also concerned regarding security at those establishments. He stated that he is not sure that the security problem could be solved by cutting back hours. Chairperson Malecki asked how Mr. Johnson would deal with the problem if it became a hangout. Mr. Johnson responded that if people were hanging out at the establishment, the policy is to shut down the dining area and limit service to the carry -out business. If the problem persists, the manager may call the police. Commissioner Bernards asked how many employees would be working until 2:00 a.m. Mr. Johnson responded that there would be two employees. Commissioner McCloskey asked if there was that much business at such an establishment at 2:00 a.m. Mr. Johnson responded that he is required by the parent company to have hours at least until midnight, Sunday through Thursday, and until 2:00 a.m. on Friday and Saturday. He stated that the main reason for staying open that late is to prepare food for the following day. Chairperson Malecki asked whether the City could limit the hours of operation if it becomes a problem. The Secretary pointed out that the City has not limited the hours at Superamerica and that the City would probably have to deal with the establishment as an enforcement problem. Chairperson Malecki asked whether anyone else wished to speak regarding the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Commissioner Sander asked whether the Northbrook Shopping Center will have to replat its property. The Secretary responded that he had an agreement from the property owner stipulating that a replat would be done within the relatively near future. The Planner went on to explain that there was a Building Code problem which arose when the Bosa Donut store was demolished and the Northbrook Shopping Center store had openings put in along a property line. He explained that the resolution of that problem was a commitment to combine the properties for tax purposes and that the property owner had indicated a desire to replat. The Planner also noted that the property had been replatted during the 1970's into three parcels because the NSP power lines were located over a separate parcel. He stated that this is not usually required, but may have been demanded by NSP. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 89024 (Tim Johnson /Subway Sandwiches Motion by Commissioner Ainas seconded by Commissioner McCloskey to recommend approval of Application No. 89024, 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. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 10 -26 -89 -2- • • 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Commissioner Bernards stated that he had some concerns and reservations regarding the hours. He stated that he hoped the proprietor would watch the activity at the shop and that the police would watch it as well. DISCUSSION ITEMS Ordinance Amendment Regarding Convenience Food Restaurants The Secretary noted that a draft ordinance amendment regarding the definition for convenience food restaruants was contained in the Planning Commission's agenda packet. He stated that the amendment would eliminate establishments with 40 seats or less from the convenience food establishment category. He stated that staff did not feel that these smaller, primarily carry -out establishments, were really intended to be regulated as severely as establishments such as McDonald's, Burger King, etc. The Planner also noted that the ordinance change would continue to classify as a convenience food restaurant any establishment with the characteristics of a convenience food restaurant if it is located in a separate building. He pointed to the example of Kentucky Fried Chicken, which has limited seating, but which also has a drive -up window and can generate a fair amount of traffic and whose building treatment is basically a sign. Commissioner Johnson asked how Kentucky Fried Chicken would be defined. The Secretary responded that it would be a convenience food restaurant because it has seating and because it does serve food in the manner defined in the Zoning Ordinance. Ms. Beverly Holmes commented that she would prefer not to have a Kentucky Fried Chicken establishment located next door to her. She expressed concerns regarding the hours, the litter and the lighting of such establishments. ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT REGARDING CONVENIENCE FOOD RESTAURANTS Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend adoption of an ordinance amendment relating to the definition of convenience food restaurants as drafted in the staff report. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Housing District Boundary Change The Secretary then noted that the Commission needed to comment on a proposed change in a housing district boundary as to whether it was consistent with the Comprehensive Plan. He asked Economic Development Authority Coordinator Brad Hoffman to give the Commission background on this subject. 10 -26 -89 -3- Mr. Hoffman explained to the Commission that every tax increment district has to be located within some sort of district: a housing district, a redevelopment district, etc . He explained that the Earle Brown Farm is located in a redevelopment district and that the Brookwood development is located in a housing district. He explained that the proposal was to change the housing district boundary to run along Highway 100 south to Logan Avenue North, then south to 57th Avenue North, west along 57th and County Road 10 to Shingle Creek Parkway, northerly along Shingle Creek Parkway to include the R7 property south of the library site and then up Shingle Creek Parkway to the freeway, and then easterly back to Brookwood. Mr. Hoffman explained that the City has gone through tax changes from mill rates to whatever is used now and that Hennepin County originally made an error in the base value of the Earle Brown redevelopment district. He stated that when this error was corrected, there was a loss of revenue of approximately $250,000 a year which was needed to pay off the obligations of the Earle Brown tax increment district. He explained that by including the Brookwood development in the same district and allowing its cash flow to be used to pay off the debt from the Earle Brown district, the City would gain approximately $180,00 per year in revenue. Commissioner Johnson asked where the money would go if it did not go into the Earle Brown district. Mr. Hoffman answered that it would return to the general tax rolls. Commissioner Bernards asked whether the tax increment district for the Earle Brown Farm includes the Brookwood development. Mr. Hoffman responded that it does not and explained that a tax increment district is the area where revenue is collected, but that money can be spent from the tax increment district in a project district which is not necessarily limited to the tax increment district. Commissioner Bernards asked whether the City has talked with the school district about this proposal. Mr. Hoffman responded in the affirmative. He stated that the City would address the school district's concerns at its November school district meeting. he stated that their concerns were basically the same as they were in 1985. Commissioner Bernards noted that the taxes from the Brookwood development would go back on the tax rolls if the boundary were not changed. Mr. Hoffman agreed with this statement. Commissioner Bernards stated that he felt a general levy would be more equitable for financing the Earle Brown Farm redevelopment rather than placing the majority of the tax burden on the Brooklyn Center School District. Mr. Hoffman pointed out that if the tax revenue from Brookwood did return to the school district, State school aids would decrease almost dollar for dollar as tax revenues increased. Commissioner Sander asked what would happen to the Earle Brown redevelopment project if the boundary change were not approved. Mr. Hoffman stated that the finances would be very close. He stated that the question would boil down to how soon a couple of other developments would come on line to pay taxes within the district. Commissioner Bernards asked whether the City could foresee other possible cost over -runs from the Earle Brown Farm restoration besides the kitchen at the hippodrome. Mr. Hoffman stated that he did not foresee any major nature cost over -runs. He explained the background of the decision to add a kitchen below grade under the hippodrome. He explained that, if the kitchen were put in the barn to the north, almost the entire structure would have to be devoted to the kitchen and that the public would not have been able to utilize the structure as was intended. In response to another question from Commissioner Bernards, Mr. Hoffman pointed out that the R7 parcel south of the library needs City assistance to correct soil problems and make the property buildable. He stated that the City is talking to a developer about the property now, but that there is concern regarding the possibility that development of this parcel would compete with completion of the Earle Brown Commons which is in the tax increment district. 10 -26 -89 -4- • • • The Secretary noted that the main projects left to be built in the tax increment district were the fourth phase of the Brookdale Corporate Center by Ryan Construction and the second phase of the Earle Brown Commons apartment project. Chairperson Maleeki noted that the duty of the Commission was to consider whether the proposed boundary change was consistent with the Comprehensive Plan. She asked how the Commission should do this. The Secretary noted that there were places in the redevelopment plan for the Earle Brown tax increment district relating to land use. He noted that the City has amended the Comprehensive Plan to acknowledge mixed uses in the area north of Summit Drive around the Earle Brown Farm. He stated that he did not see any inconsistencies with the Comprehensive Plan as far as land use presented by the boundary change. Commissioner Ainas also stated that he could see no objection to the boundary change. Mr. Hoffman answered that staff would bring a resolution for the Commission's consideration and action at the next Planning Commission meeting. He added that other comments regarding the boundary change could be offered in addition to land use concerns. Commissioner Mann asked whether a district must have new housing constructed in order to qualify as a tax increment district. Mr. Hoffman responded that the City can establish districts for different purposes and that housing is only one of those purposes. Chairperson Malecki asked whether the City would have had more contact with the school district by the next Planning Commission meeting. Mr. Hoffman stated that the boundary change issue would have been worked out with the school district by the first Planning Commission meeting in November. Mr. Hoffman commented briefly that the only downside for the school district from the boundary change had to do with special elections. The Secretary commented that, at the State level, there is talk that school districts would get out of the property tax business altogether. He noted that this would change the impact of the tax increment district on the school's finances. The result would be that schools would gain State aids while cities would lose it. He added that property taxes would probably remain about the same overall . The Secretary concluded that staff would bring back a resolution so that the City Council could consider the matter at their November 27 meeting. Sign Ordinance Amendments The Secretary then referred the Commission's attention to a lengthy draft amendment to the Sign Ordinance dealing with the abatement of obsolete signs, optional freestanding signs and larger freestanding signs in the Cl and CIA districts. The Secretary explained that the City received a variance request from the Brooklyn Center School District in September for a new freestanding sign at Brooklyn Center High School. The Secretary explained that the sign that exists on the property is nonconforming and cannot be altered or enlarged . New signery must conform with the Sign Ordinance, he said. The Secretary also noted that the same size sign is allowed for public and semi - public and office uses in the Sign Ordinance. He pointed out that the City complied with the Sign Ordinance when they removed their old freestanding sign some years ago and replaced it with a new sign. The Secretary went on to explain that staff had done a survey of ordinances in other cities relating to public, semi - public and office freestanding signs. He briefly reviewed the findings of that survey and another survey of existing high school signs contained in a memo from the Planner . He noted that, although Brooklyn Center School District points to the Park Center High School sign as an example of what they 10 -26 -89 -5- are competing with, that sign is a nonconforming sign in Brooklyn Park. The Secretary explained that the ordinance amendment, as it relates to public and semi- public uses, would allow one freestanding sign of double the area in cases where two freestanding signs would otherwise be allowed. He reviewed briefly the provisions of the draft ordinance amendment, noting the abatement provision. He pointed to the Bosa Donut sign and the Showbiz Pizza sign as examples of obsolete signery which should be removed when an establishment closes. He stated that the other portions of the amendment provide for the possibility of a single, larger freestanding sign in place of two smaller freestanding signs. Commissioner Ainas suggested that the provisions relating to removal of obsolete signs add language relating to freestanding support structures which would also have to be removed. Commissioner McCloskey asked whether the 30 day notice indicated in the ordinance amendment would be sent out after 60 days from the closing of a business or after 90 days. The Secretary responded that it would be after 90 days and that it would give a property owner an additional 30 days to remove an obsolete sign. He stated that for the City to remove a sign is a drastic act which should only be a last resort. Commissioner McCloskey asked what the size of the Best Buy sign was at Westbrook Mali. The Secretary responded that he assumed it was about 250 sq. ft., or the maximum allowed. Commissioner McCloskey asked whether the ordinance amendment would allow a sign up to 375 sq. ft. The Secretary responded in the affirmative. Commissioner McCloskey stated that he would oppose such a provision as allowing too large a sign. The Secretary responded that the Commission did not have to address the C2, I -1 and I -2 districts if they did not want to. The Secretary explained that he felt the Commission should address the C1 and C1A zones since the allowable signery in those districts is definitely below the Metropolitan average. He pointed out that a large office building in a C1A zone is only entitled to a 36 sq. ft. freestanding sign, whereas the same building located in a C2 zone would probably be allowed a 250 sq. ft. sign. The Planner explained that the draft ordinance does present a trade -off between different sign choices. He admitted that it would allow larger single signs, but that there would be less overall signery since the number of signs would have to be reduced. He stated that he did not think most commercial establishments would choose to give up a freestanding sign in order to have a larger single sign, but that the option would be consistent with the option offered in the C1 and C1A zones and for public and semi - public uses. The Secretary stated that he did not think there was much of a concern about equal protection between the different zoning districts. Commissioner McCloskey stated that he still felt that 250 sq. ft. is an awfully big sign to begin with and that he did not want to see larger signs, even if the number of signs would be fewer. The Secretary asked the Commission whether they would like to eliminate the single, larger sign option from the C2, I -1 and I -2 districts. No one dissented from this suggestion. Commissioner Johnson asked why the ordinance was being changed for a school. He asked why a school needs so much signery. The Secretary explained that the school district mainly wanted a reader board on their sign at the high school. He stated that he agreed with Commissioner Johnson to a great extent and that staff spend a lot of time defending the ordinances that are in force. He added that the City, which also had a nonconforming sign some years ago, lived within the ordinance when a new freestanding sign was erected for the City Hall and Community Center . He added that the staff did a lot of checking with other communities and with other existing freestanding signs before considering a change which would allow a larger freestanding sign. 10 -26 -89 -6- • • Commissioner McCloskey asked how the high school signs would be different from signs allowed for churches, synagogues, etc. The Secretary answered that they would be the same. The Planner explained that the provision in the Sign Ordinance relating to freestanding signs for public and semi - public uses simply refers back to the signs allowed for churches, synagogues, etc. and that, therefore, it was that portion of the ordinance which was addressed in the amendment. ACTION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE SIGN ORDINANCE Motion by Commissioner Bernards seconded by Commissioner Ainas to recommend adoption of an amendment to the Sign Ordinance containing provisions relating to abatement of obsolete signs and their support structures, allowing for larger freestanding signs for the Cl and CIA districts and allowing for a larger single signs for offices, public and semi - public uses when properties are eligible for a second freestanding sign (in accordance with the changes recommended by the Commission discussion). Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. The Secretary informed the Commission that their next meeting would be November 16 and that he would try to bring back the PUD Ordinance and an ordinance relating to group homes. The Planner informed the Commission that he had discussed with a developer within the past month a possible proposal for a rezoning of the F and M Bank site on Xerxes Avenue North to C2. He stated that he had discouraged the developer from seeking such a rezoning since a similar proposal had been denied in 1977 and that the neighborhood has not changed nor has the Comprehensive Plan recommended a change. He informed the Commission that no rezoning application had been submitted as of that date and that perhaps the developer would give up the idea. The Secretary added that the proposed rezoning of the property in 1977 was unceremoniously denied and he doubted that there would be any political support for such a rezoning. In response to a comment from Commissioner Ainas, the Secretary answered that staff have received various land use proposals over the years. He noted that there have been questions about rezoning the Four Courts Apartments property also. He stated that he felt the apartment development served as an appropriate buffer between the residential neighborhood to the north and the heavily commercial area to the south. ADJOURNMENT Motion by Commissioner Bernards seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:29 p.m. 10 -26 -89 - Chairman Planning Commission Information Sheet Application No. 89024 Applicant: Timothy Johnson /Subway Sandwiches Location: 1950 57th Avenue North Request: Special Use Permit The applicant requests special use permit approval to operate a convenience food restaurant in the southerly building of the Northbrook Shopping Center at 1950 57th Avenue North. The property in question is zoned C2 and is bounded on the north by a parcel within Northbrook Center which is dedicated to use by NSP for overhead lines and surface parking, on the east by Logan Avenue North and Acme Typewriter, on the south by the old Bosa Donuts parcel (now part of Northbrook and used for parking), Bill West's 76 station and 57th Avenue North, and on the west by an entrance ramp serving Highway 100. Convenience food restaurants are defined in Section 35 - 900, are allowed in the C2 zone by special use permit, but cannot abut R1, R2, or R3 zoned property, either at a property line on a street line. The single- family houses on the east side of Logan, across from the parcel in question are zoned R4 and are nonconforming uses. There are also townhouses, zoned R3, across from the northerly building of the shopping center. However, that building is located on a separate parcel. The parcel that the southerly building is located on does not abut the townhouses and, therefore, technically, this use does not abut R1, R2, or R3 zoned property, either at a property line or across a street. The applicant has submitted a preliminary tenant improvement plan for the space which is at the southwest corner of the building. The tenant space is approximately 1,330 sq. ft. The plan proposes seating for 36 people. The south building is approximately 12,500 sq. ft. in area. Under Section 35 of the Zoning Ordinance, a retail center may have up to 15% of the floor area of the building devoted to restaurant use without providing additional parking beyond what is required by the retail formula. In this case, 15% of the building is approximately 1,875 sq. ft. There is another food establishment in the building, but, because it has no seating (it is a Chinese food carry -out place), it is not classified as a restaurant. Therefore, it does not count toward the 15% allowance for restaurants. Since the proposed space of 1,330 sq. ft. is less than 15% of the south building, it requires no additional parking based on the restaurant formula. The proposed establishment is primarily a carry -out establishment, but they do expect have some eat -in patrons around lunch and dinnertime. There will be no drive -up window. The hours of operation are likely to be 11:00 a.m. until 2:00 a.m. every day of the week. The proposed establishment is classified as a convenience food restaurant because it has the following ordinance described characteristics (from Section 35 - 900): "1. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by an employee, but receives it at a counter /window, or similar facility for carrying to another location on or off the premises for consumption." 10 -26 -89 -1- Application No. 89024 continued Clearly, both these characteristics apply in this case and they define a convenience food restaurant. We have not classified carry -out establishments which have no seating as convenience food restaurants (since they are not restaurants without seating) , but as the retail sale of prepared food. As far as determining whether a convenience food restaurant abuts Rl, R2, or R3 zoned property, the only indicator we have ever used is the boundaries of the parcels, not the location of the building on the parcel . In this case, the Northbrook Shopping Center is composed of multiple parcels and the parcel in question happens not to abut Rl, R2, or R3 property. However, it is also important to note that the Zoning Ordinance requires that developments which have a single use and a single ownership be combined into a single parcel through platting or registered land survey. That should be done in this case and the owner has indicated an intention too do so. However, if that were accomplished in this case, the proposed convenience food restaurant would either not be allowed or, if existing, would become a nonconforming use. The Commission may wish to consider an ordinance amendment which would make a distinction between an establishment such as the one proposed which has limited seating, no drive -up window, and is primarily carry -out, and the more traditional convenience food restuarant such as McDonald's and Burger King, which have more seating, more eat -in customers, and often a drive -up window. Smaller, primarily carry -out establishments could perhaps be classified as a permitted or special use without an abutment restriction. We have had contacts with Mr. Fiterman regarding a couple of possible carry -out establishments with seating in the proposed shopping center at 66th and Camden Avenues North which is across the street from R3 zoned land. We, therefore, have expected this issue to arise. If possible, we will have a draft ordinance available for discussion at Thursday's meeting. Nevertheless, the application before the Commission can be acted on without an ordinance amendment. We would recommend approval, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 10 -26 -89 -2- CITY OF BROOKLYN CENTER Council Meeting Date 11 -13 -89 Agenda Item Number / a.. REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Planning Commission Application No. 89024 -Tim Johnson /Subway Sandwiches and an Ordinance Amending Chapter 35 of the City Ordinances Clarifying the Definition of Convenience Food Restaurants DEPARTMENT APP L: ,�...�.D a. Signature - title Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) Planning Commission Application No. 89024 submitted by Tim Johnson /Subway Sandwiches is a request for special use permit approval to operate a convenience food restaurant in the retail building located at 1950 57th Avenue North (the Northbrook Shopping Center). This application was considered by the Planning Commission at its October 26, 1989 meeting and the Commission's consideration of this matter can be found on pages 1 through 3 of their October 26, 1989 minutes. The Planning Commission recommended approval of this application subject to four conditions which can be found on the bottom of page 2 and the top of page 3 of their minutes. Attached for the City Council's consideration are the minutes relating to this application and a copy of the Planning Commission Information Sheet for this application. As the information sheet points out, there is, because of the multiple parcels at the Northbrook Shopping Center, no abutment between a convenience food restaurant and properties zoned R1, R2 or R3. The report also goes on to recommend consideration of an ordinance amendment dealing with small, primarily carry -out, food establishments or restaurants as opposed to the more traditional type convenience food restaurant. Recommendation The recommendation of the Planning Commission is that an ordinance amendment be adopted which would make a distinction between such establishments allowing the smaller establishment to be in shopping centers or attached multiple- tenant buildings (as opposed to single- freestanding establishments) which may abut R1, R2 or R3 zoned property including abutment at a street line. Mr. Steve Fiterman, the owner of the property adjacent to the Superamerica property along 66th Avenue North, had also requested the City to give consideration to such an ordinance amendment. The Planning Commission did recommend an ordinance amending Chapter 35 of the City Ordinances clarifying the definition of convenience food restaurants. The affect of the ordinance would be that an establishment with less than 40 dining seats would no longer be considered a convenience food restaurant for purposes of the ordinance even though it met all of the other definitional criteria in the ordinance. This would then allow these establishments to be considered a permitted use in a C2 zoning district and there would be no restriction regarding their location adjacent to or across the street from R1, R2 or R3 zoned property. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION IN THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA 10-26-89 STUDY SESSION OCTOBER 26, 1989 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:35 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren, Planner Gary Shallcross and Economic Development Coordinator Brad Hoffman. APPROVAL OF MINUTES - AUGUST 17, 1989 Commissioner McCloskey noted a change on page 5 in the third paragraph from the bottom that the word should be "fills ", rather than "fails." Motion by Commissioner Ainas seconded by Commissioner Mann to approve the minutes of the August 17, 1989 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. I/ APPLICATION NO. 89024 (Tim Johnson /Subway Sandwiches) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate a convenience food restaurant in the retail building at 1950 57th Avenue North (part of Northbrook Shopping Center). The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89024 attached). The Secretary noted that the proposed hours of operation were from 11:00 a.m. to 2:00 a.m., rather than 2:00 p.m. as noted in the report. Chairperson Malecki asked the applicant whether he had anything to add. Mr. Tim Johnson stated that he had nothing to add to the staff report. Chairperson Malecki asked whether the Chuckwagon was still located at Northbr000k Shopping Center. The Secretary answered in the affirmative, noting that it was in the northerly building. The Planner stated that the Chuckwagon has not been considered a convenience food restaurant although there is some carry -out of food from the establishment and it does abut R3 zoned property across the street. Commissioner Bernards asked what the hours of the shopping center and Superamerica were. The Secretary stated that he was not sure of the hours of the shopping center, but that Superamerica was a 24 hour operation. He stated that the liquor store's hours were regulated by State law. Commissioner Bernards asked whether there might be a police problem because of the late hours. The Secretary stated that there would probably be somewhat of a demand for police services during the late hours. Commissioner Bernards stated that if the sandwich shop were the only establishment open that late, he could see more of a problem, but that as long as Superamerica is open across the street, there may be more people around to prevent crime problems. PUBLIC HEARING (Application No. 89024) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Ms. Beverly Holmes, of 5649 Logan Avenue North, stated that she was concerned regarding the 2:00 a.m. closing. She stated that she was concerned that it might create another hangout for young people. Ms. Holmes stated that Superamerica is already somewhat of a hangout and that this establishment may also be one. The Secretary suggested that perhaps the applicant should respond to the issue of hours of operation. Mr. Tim Johnson stated that he had three existing shops in the Metro area and that he is also concerned regarding security at those establishments. He stated that he is not sure that the security problem could be solved by cutting back hours. Chairperson Malecki asked how Mr. Johnson would deal with the problem if it became a hangout. Mr. Johnson responded that if people were hanging out at the establishment, the policy is to shut down the dining area and limit service to the carry -out business. If the problem persists, the manager may call the police. Commissioner Bernards asked how many employees would be working until 2:00 a.m. Mr. Johnson responded that there would be two employees. Commissioner McCloskey asked if there was that much business at such an establishment at 2:00 a.m. Mr. Johnson responded that he is required by the parent company to have hours at least until midnight, Sunday through Thursday, and until 2:00 a.m. on Friday and Saturday. He stated that the main reason for staying open that late is to prepare food for the following day. Chairperson Malecki asked whether the City could limit the hours of operation if it becomes a problem. The Secretary pointed out that the City has not limited the hours at Superamerica and that the City would probably have to deal with the establishment as an enforcement problem. Chairperson Malecki asked whether anyone else wished to speak regarding the application. Hearing no one, she called for a motion to close the public hearing. • CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Commissioner Sander asked whether the Northbrook Shopping Center will have to replat its property. The Secretary responded that he had an agreement from the property owner stipulating that a replat would be done within the relatively near future. The Planner went on to explain that there was a Building Code problem which arose when the Bosa Donut store was demolished and the Northbrook Shopping Center store had openings put in along a property line. He explained that the resolution of that problem was a commitment to combine the properties for tax purposes and that the property owner had indicated a desire to replat. The Planner also noted that the property had been replatted during the 1970's into three parcels because the NSP power lines were located over a separate parcel. He stated that this is not usually required, but may have been demanded by NSP. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 89024 (Tim Johnson /Subway Sandwiches — --' Motion by Commissioner Ainas seconded by Commissioner McCloskey to recommend approval of Application No. 89024, 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. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 10 -26 -89 - • • The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Commissioner Bernards stated that he had some concerns and reservations regarding the hours. He stated that he hoped the proprietor would watch the activity at the shop and that the police would watch it as well. DISCUSSION ITEMS Ordinance Amendment Regarding Convenience Food Restaurants The Secretary noted that a draft ordinance amendment regarding the definition for convenience food restaruants was contained in the Planning Commission's agenda packet. He stated that the amendment would eliminate establishments with 40 seats or less from the convenience food establishment category. He stated that staff did not feel that these smaller, primarily carry -out establishments, were really intended to be regulated as severely as establishments such as McDonald's, Burger King, etc. The Planner also noted that the ordinance change would continue to classify as a convenience food restaurant any establishment with the characteristics of a convenience food restaurant if it is located in a separate building. He pointed to the example of Kentucky Fried Chicken, which has limited seating, but which also has a drive -up window and can generate a fair amount of traffic and whose building treatment is basically a sign. Commissioner Johnson asked how Kentucky Fried Chicken would be defined. The Secretary responded that it would be a convenience food restaurant because it has seating and because it does serve food in the manner defined in the Zoning Ordinance. Ms. Beverly Holmes commented that she would prefer not to have a Kentucky Fried Chicken establishment located next door to her. She expressed concerns regarding the hours, the litter and the lighting of such establishments. ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT REGARDING CONVENIENCE FOOD RESTAURANTS Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend adoption of an ordinance amendment relating to the definition of convenience food restaurants as drafted in the staff report. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Housing District Boundary Change The Secretary then noted that the Commission needed to comment on a proposed change in a housing district boundary as to whether it was consistent with the Comprehensive Plan. He asked Economic Development Authority Coordinator Brad Hoffman to give the Commission background on this subject. 10 -26 -89 -3- Planning Commission Information Sheet Application No. 89024 Applicant: Timothy Johnson /Subway Sandwiches Location: 1950 57th Avenue North Request: Special Use Permit The applicant requests special use permit approval to operate a convenience food restaurant in the southerly building of the Northbrook Shopping Center at 1950 57th Avenue North. The property in question is zoned C2 and is bounded on the north by a parcel within Northbrook Center which is dedicated to use by NSP for overhead lines and surface parking, on the east by Logan Avenue North and Acme Typewriter, on the south by the old Bosa Donuts parcel (now part of Northbrook and used for parking) , Bill West's 76 station and 57th Avenue North, and on the west by an entrance ramp serving Highway 100. Convenience food restaurants are defined in Section 35 -900, are allowed in the C2 zone by special use permit, but cannot abut R1, R2, or R3 zoned property, either at a property line on a street line. The single- family houses on the east side of Logan, across from the parcel in question are zoned R4 and are nonconforming uses. There are also townhouses, zoned R3, across from the northerly building of the shopping center. However, that building is located on a separate parcel. The parcel that the southerly building is located on does not abut the townhouses and, therefore, technically, this use does not abut R1, R2, or R3 zoned property, either at a property line or across a street. The applicant has submitted a preliminary tenant improvement plan for the space which is at the southwest corner of the building. The tenant space is approximately 1,330 sq. ft. The plan proposes seating for 36 people. The south building is approximately 12,500 sq. ft. in area. Under Section 35- 704.2c of the Zoning Ordinance, a retail center may have up to 15% of the floor area of the building devoted to restaurant use without providing additional parking beyond what is required by the retail formula. In this case, 15% of the building is approximately 1,875 sq. ft. There is another food establishment in the building, but, because it has no seating (it is a Chinese food carry -out place), it is not classified as a restaurant. Therefore, it does not count toward the 15% allowance for restaurants. Since the proposed space of 1,330 sq. ft. is less than 15% of the south building, it requires no additional parking based on the restaurant formula. The proposed establishment is primarily a carry -out establishment, but they do expect have some eat -in patrons around lunch and dinnertime. There will be no drive -up window. The hours of operation are likely to be 11:00 a.m. until 2:00 a.m. every day of the week. The proposed establishment is classified as a convenience food restaurant because it has the following ordinance described characteristics (from Section 35 -900): "1. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by an employee, but receives it at a counter /window, or similar facility for carrying to another location on or off the premises for consumption." 10 -26 -89 -1- Application No. 89024 continued Clearly, both these characteristics apply in this case and they define a convenience food restaurant. We have not classified carry -out establishments which have no seating as convenience food restaurants (since they are not restaurants without seating), but as the retail sale of prepared food. As far as determining whether a convenience food restaurant abuts R1, R2, or R3 zoned property, the only indicator we have ever used is the boundaries of the parcels, not the location of the building on the parcel . In this case, the Northbrook Shopping Center is composed of multiple parcels and the parcel in question happens not to abut R1, R2, or R3 property. However, it is also important to note that the Zoning Ordinance requires that developments which have a single use and a single ownership be combined into a single parcel through platting or registered land survey. That should be done in this case and the owner has indicated an intention too do so. However, if that were accomplished in this case, the proposed convenience food restaurant would either not be allowed or, if existing, would become a nonconforming use. The Commission may wish to consider an ordinance amendment which would make a distinction between an establishment such as the one proposed which has limited seating, no drive -up window, and is primarily carry -out, and the more traditional convenience food restuarant such as McDonald's and Burger King, which have more seating, more eat -in customers, and often a drive -up window. Smaller, primarily carry -out establishments could perhaps be classified as a permitted or special use without an abutment restriction. We have had contacts with Mr. Fiterman regarding a couple of possible carry -out establishments with seating in the proposed shopping center at 66th and Camden Avenues North which is across the street from R3 zoned land. We, therefore, have expected this issue to arise. If possible, we will have a draft ordinance available for discussion at Thursday's meeting. Nevertheless, the application before the Commission can be acted on without an ordinance amendment. We would recommend approval, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 10 -26 -89 -2- 1111111 _111 II . I11111 111111111a 11111111 .•.•.•.• DRIVE N (1) i - J 111111 iiil Imil 111111 PED 'RIDGE oit Avg. 4. LILA h-va AVE.. 1 - I I liM I P301 ) 11 AVE. I4. 141 :I-1-H T1111111 1 111!11,I,{,-',4-LIMP4: I I1-111 I 1 hi-ii;Al-N -Hi H 1A111111111 -- 111N411111111 1 i1 1 1.PITUTT - 1111111 i Fr 1 I Notice is hereby given that a public hearing will be held on the day of , 19 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance clarifying the definition of convenience food restaurants. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLARIFYING THE DEFINITION OF CONVENIENCE FOOD RESTAURANTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -900. DEFINITIONS. The language set forth in the text of this zoning ordinance shall be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in the singular include the plural and the plural includes the singular. Convenience -Food Restaurant - An establishment with over 40 dining seats or in a separate building, whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready -to -eat state for consumption either within the premises or for carry -out with consumption either on or off the premises, and whose design or principal method of operation includes both of the following characteristics: Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this ATTEST: CITY OF BROOKLYN CENTER 1. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by an employee but receives it at a counter; window, or similar facility for carrying to another location on or off the premises for consumption. day of , 19 Clerk Mayor Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Patti Page, Administrative Aide V DATE: November 8, 1989 SUBJECT: 1990 City Council Meeting Schedule The following dates are recommended for adoption by the city council as the 1990 council meeting schedule. January 8 January 22 February 12 February 26 March 12 March 26 April 9 April 23 April 30 (Board of Equalization) May 14 May 28 June 11 June 25 July 9 July 23 August 13 August 27 September 10 September 12 ** September 24 October 8 October 22 November 5 November 19 December 10 ** Wednesday evening and special budget session October 20, 1989 Dear Mr. Splinter: Mr. Gerald Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 C:77 ROBBINSDALr. 4221 LAKE ROAD - ROBBINSDALE, MINNESOTA 55422 TELEPHONE: (612) 537 -4534 Enclosed please find a resolution of the Robbinsdale City Council which was passed on October 17, 1989, regarding Light Rail Transit. This action was taken by the Council after consideration of the item at three separate council meetings and notification to neighboring cities, the county and the rail authority. In effect, the resolution states that the City of Robbinsdale is concerned about action taken by a party or parties controlling design and implementation of Light Rail Transit in Hennepin County which would or could negatively impact the City of Robbinsdale and the residents of our community. Most recently, two light rail transit stations which have been previously approved in the City of Golden Valley by the Golden Valley Council were removed from consideration in the preliminary design. This action has the effect of placing additional burden on the station area proposed in Robbinsdale at 42nd Avenue North and upon our roadways and neighborhoods in the immediate vicinity. Hence, the Robbinsdale City Council has determined that such amendments to the preliminary design will not be taken lightly and will result in negative motions by the City of Robbinsdale on future approvals which are asked of it. The City Council of the City of Robbinsdale has been generally supportive of the concept of Light Rail Transit and of a Light Rail Transit line running through the community of Robbinsdale. This support has remained even though large groups of citizens have expressed disapproval of light rail coming through our neighborhoods. Continued support, however, can no longer be assumed, given recent actions which have negatively impacted this community. AN EQUAL OPPORTUNITY EMPLOYER • Mr. Gerald Splinter October 20, 1989 Page Two If you have any questions regarding the above or the attached resolution, please feel free to contact our Mayor or Council Members, City Manager Walter Fehst, Community Development Coordinator Bill Deblon or myself. Sincerely, RRS:tdr Enclosure Ryan R. Schroeder Assistant City Manager cc: Walter R. Fehst, City Manager Bill Deblon, Community Development Coordinator Mayor and Council Member Holtz moved and Member Blonigan seconded a motion that the following resolution be read and adopted this 17th day of October, 1989. RESOLUTION NO. 4246 A RESOLUTION AMENDING RESOLUTION NO. 4168 TO REQUIRE REINSTATEMENT OF ONE LIGHT RAIL TRANSIT STATION IN GOLDEN VALLEY AS A CONDITION FOR APPROVAL BY THE CITY OF ROBBINSDALE WHEREAS, on April 18, 1989 the City Council of the City of Robbinsdale adopted Resol ution No. 4168 "A RESOLUTION CONDITIONALLY APPROVING PRELIMINARY DESIGN PLANS FOR THE NORTHWEST CORRIDOR OF LIGHT RAIL TRANSIT REQUESTED BY HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY "; and WHEREAS, at the time of this conditional approval the Northwest Corridor showed two Golden Valley stations: Plymouth Avenue and Golden Valley Road; and WHEREAS, the Hennepin County Regional Railroad Authority has si nce passed a resol uti on removing both of these stations from the Northwest Corri dor. NCxW, THEREFORE, BE IT RESOLVED by the City Council of the City of Robbinsdale that Resolution No. 4168 be amended by the addition of condition number 8 as follows: 8. That a 1 fight rail transit stati on be reinstated i n the Gol den Valley Road and Plymouth Ave. N. vicinity which provides at least the following parking capacity: 440 park and ride spaces 47 rider drop- off /pick -up spaces 7 bus loading spaces 9. If the City of Robbinsdale determines a negative impact on the 42nd Ave N Station by station design changes i n Gol den Valley from the plan approved in Resol uti on No. 4168 (whi ch approved 268 park and ri de and 27 ri der drop - off /pick -up spaces at 42nd Ave. N.), then the 42nd Ave. N. Station shall be 1 imited to a drop- off /pick -up station. 10. The 42nd Avenue station be designed to be canpati bl e with the City's downtown redevelopment pl an including the securing of addi ti onal approval from the City of Robbinsdale if the City deems the amendment from the original HCRRA pl an as negatively impacti ng the 42nd Avenue stati on. The question was on adoption of the resol uti on and upon a vote being taken thereon, the following voted in favor thereof: Blonigan, Holtz, Mayor Robb ; and the fol l awing voted against the same: None. ABSTAIN: Ruffenach. WHEREUPON SAID RESOLUTION WAS DECLARED DULY PASSED AND ADOPTED THI 171H DAY OF OCTOBER, 1989. ATTEST: Bernadette H. Leaf, City CC1 erk L Jo/ �f b, Mayor • Licenses to be approved by the City Council on November 13, 1989: CIGARETTE Jerry's Enterprises Inc. d /b /a Country Store GASOLINE SERVICE STATION Brookdale Car Wash Christy's Auto Service Howe Company FOOD ESTABLISHMENT Jerry's Enterprises Inc. d/b /a Country Store SIGN HANGER Signart Company, Inc. GENERAL APPROVAL: t. D. K. Weeks, City Clerk 5101 Vernon Ave. S. 3600 63rd Ave. N. 5500 Brooklyn Blvd. 5300 Dupont Ave. N. 4821 Xerxes Ave. N. 5101 Vernon Ave. S. 3600 63rd Ave. N. 2535 Pilot Knob Road .X. ttles City Clerk L City Clerk Sanitarian Building Official xik