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HomeMy WebLinkAbout1988 09-19 CCP Regular Session /Z/ elty CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 19, 1988 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a 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. Recess to EDA 7. Presentation: a. Hennepin County Community Health Department 8. Approval of Minutes: *a. August 22, 1988 - Regular Session *b. September 6, 1988 - Regular Session *c. September 13, 1988 - Special Session 9. Resolutions: *a. Authorizing the Mayor and City Manager to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. *b. Amending the Master Labor Agreement and Appendix A of the Master Labor Agreement between M.A.M.A., Representing the City of Brooklyn Center, and the I.U.O.E. Local No. 49 and Amending the City of Brooklyn Center 1988 Employee Position and Classification Plan c. Amending Year XIII Community Development Block Grant Program d. Amending Resolution No. 88 -144, Delinquent Weed Destruction Accounts to the Hennepin County Tax Rolls -The public hearing on this item was held on September 6, 1988. City Council consideration of the special assessment against one property was tabled pending receipt of a staff report. That report is provided for consideration by the City Council. CITY COUNCIL AGENDA -2- September 19, 1988 e. Amending Resolution No. 88 -146 Certifying Special Y g P Assessments for Street Improvement Project Nos. 1988 - 05 (France Avenue North), 1988 -06 (Lakebreeze Avenue North), and 1988 -07 (50th Avenue North) to the Hennepin County Tax Rolls -The public hearing on this item was held on September 6, 1988. City Council consideration of the special assessment against one property was tabled pending receipt of a staff report. That report is provided for consideration by the City Council. *f. Approving Agreement with the Northern States Power Company to Install Underground Electrical Service to New Lift Station No. 6 Located on Lakebreeze Avenue Near France Avenue North g. Accepting Work Performed under Contract 1988 -F (Reroofing and Insulation of the City Garage, Project No. 1988 -03) h. Accepting Work Performed under Contract for Project No. 1988 -14 (Sidewalk Repair at Miscellaneous Locations) i. Amending the 1988 General Fund Budget to Provide for Replacement of Truck Hoist at City Garage and Accepting Proposal Therefor j. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 9/19/88) 10. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles -This item was first read on July :11, 1988, published in the City's official newspaper on July 21, 1988, and was offered for a second reading on August 8, 1988. A public hearing was opened on August: 8, 1988, and then tabled. This item requires a 4/5's vote by the Council. b. An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance -This item was first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and was offered for a second reading on August 8, 1988. The public hearing was opened on August 8, 1988, and then tabled. c. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Requirements for Special. Home Occupations Involving the Parking of Certain Vehicles -This item is offered this evening for a first reading. CITY COUNCIL AGENDA -3- September 19, 1988 11. Planning Commission Items: (8 p.m.) a. Planning Commission Application No. 88010 submitted by Minnesota State High School League requesting site and building plan and special use permit approval to construct a 20,500 sq. ft. office building on the vacant parcel of land east of the Holiday Inn on Freeway Boulevard -This item was recommended for approval by the Planning Commission at its September 8, 1988, meeting. b. Planning Commission Application No. 88011 submitted by Beisner Limited requesting preliminary RLS approval to subdivide into two tracts the 5.6 acre parcel of vacant land at the northwest corner of Freeway Boulevard and Shingle Creek Parkway -This item was recommended for approval by the Planning Commission at its September 8, 1988, meeting. c. Planning Commission Application No. 88012 submitted by Dean Arnott req uesting n special use permit � g P p approval to conduct a psychological counseling business in the basement of the residence at 3313 O'Henry Road -This item was recommended for approval by the Planning Commission at its September 8, 1988, meeting. d. Planning Commission Application No. 88013 submitted by Richard J. Whitley requesting preliminary plat approval to subdivide into two lots the parcel of land at 5403 Bryant Avenue North -This item was recommended for approval by the Planning Commission at its September 8, 1988, meeting. e. Planning Commission Application No. 88014 submitted by Target Stores requesting site and building plan approval to construct a 13,650 sq. ft. stockroom addition to the Target store at 6100 Shingle Creek Parkway -This item was recommended for approval by the Planning Commission at its September 8, 1988, meeting. 12. Reconvene Public Hearing on Annual City Budget a. Resolution to Adopt the 1989 Budget b. Resolution to Authorize a Tax Levy for 1989 Budget Appropriations c. Resolution Approving a One -Third Mill Levy for the Purpose of Defraying the Cost of Operation, Pursuant to the Provisions of MSA 462.411 through 462.711, of the Economic Development Authority of the City of Brooklyn Center for the Year 1989 *13. Licenses 14. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 22, 1988 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 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mr. Jim McCloskey, Board Member of the Brooklyn Center Prayer Breakfast Committee. The City Manager then introduced the City's three newest police officers, Bryan Fuerst, Keith Carlson, and John Barlow. OPEN FORUM Mayor Nyquist recognized Thomas Palm, 6119 Perry Avenue North. Mr. Palm stated he was representing the Minnesota Land Speed Record Project. He briefly reviewed the project and noted he is requesting the City of Brooklyn Center to provide some type of financial or technical support. A brief discussion then ensued, and the City Manager stated he would check into the State guidelines and statutes for cities donating money to these type of projects. He added he would have the Chamber of Commerce contact Mr. Palm regarding possible building sites for the vehicle. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - AUGUST . 8. 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the August 8, 1988, City Council meeting as submitted. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -134 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING VOLUNTARY DEDICATION OF EASEMENTS TO THE CITY 8 -22 -88 -1- I The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -135 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/22/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -136 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE Theisen Vending Co. 3804 Nicollet Ave. S. La Casita Restaurant 2101 Freeway Blvd. MECHANICAL SYSTEMS Advanced Mechanical Contractors 7805 Beech St. NE PERISHABLE VENDING MACHINES Jimmy Jingle 1304 East Lake Street Builders Square 3600 - 63rd Ave. N. RENTAL DWELLINGS Initial: Gary Olson 3715 69th Avenue N. Renewal: Thomas K. Williams 5200 France Avenue N: John and Patty Devries 2801 66th Avenue N. Bertil G. Johnson 5333 E. Twin Lake Blvd. Dwight Jereczek 6319 Brooklyn Drive Bernard Gilvin 3901 61st Avenue N. Z & S Management Co. 3401, 13 47th Ave. N. Roland Scherber 5243 Ewing Ave. N. The motion passed unanimously. 8 -22 -88 -2- SOIL REMOVAL - JOSLYN SITE The City Manager noted that the Minnesota Pollution Control Agency would be holding a meeting on August 24, 1988, at the Brookdale library to provide information to the neighborhood surrounding the Joslyn site. He then introduced Dale Thompson of the Minnesota Pollution Control Agency. Mr. Thompson stated the Joslyn site is eligible for super fund monies for the cleanup of this area. He explained there will be four types of action that are taken with this site, one of them being soil removal. Councilmember Theis inquired approximately how much soil would actually be removed from the site. Allen Gephart from Barr Engineering stated approximately 20,000 cubic yards, or about one -half of the contaminated soil on the site, would be removed. He added by removing the soil the ground water would be pumped for a shorter period of time. Councilmember Lhotka stated he has some concerns with the ground water being pumped into the City sanitary sewer system. Mr. Gephart stated there would be an oil separation process before the water would actually be pumped into the sanitary sewer system. He noted the oil and other solids which were separated from the water would then be transported off -site along with the soil. Councilmember Hawes inquired if the soil would be treated before it is removed from the site. Mr. Gephart responded negatively and noted the soil would be removed by railway cars or trucks which would be lined and covered. The City Manager noted some of the details are still being worked out with the Minnesota Pollution Control Agency. He noted there is an agreement between the company and the Minnesota Pollution Control Agency and part of that agreement is the City's consent to the plan. He noted in the long run this soil removal will be quite beneficial to the City and no specific action is required this evening. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Authorizing the Mayor and City Council to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. Mayor Nyquist recognized Jeff Berg, the current president of the Mediation Project. Mr. Berg stated he would like to suggest the Council table the vote on this item because he has some concerns regarding the contract language. He added he would like to work with the City Attorney and Mayor to discuss different contract language. The City Manager stated staff would not have a problem tabling this item. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to table indefinitely a Resolution Authorizing the Mayor and City Council to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. The motion passed unanimously. The City Manager presented a Resolution Authorizing a Capital Project Fund Appropriation for the Expansion of the Parking Lot Lighting System at Centerbrook Golf Course. The City Manager stated at the time the golf course was being designed staff did not communicate properly to the architect, or did not anticipate, the heavy use the golf course would be receiving especially during the winter months. He added the design for the additional lighting is being done in such a way to try to avoid tearing up the existing parking lot. Councilmember Scott inquired if the new lights would begin to settle if they were placed over a peat hole. The City Manager stated a detailed design has not 8 -22 -88 -3- been completed at this time, but if there are any surprises staff would bring the item back to the Council for further consideration. RESOLUTION NO. 88 -137 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION FOR THE EXPANSION OF THE PARKING LOT LIGHTING SYSTEM AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Vacating the Right of Way of Xerxes Avenue North, North of the Northerly Right of Way of 68th Avenue North in Elsen's City View Third Addition. He noted this item was first read on July 25, 1988, published in the City's official newspaper on August 4, 1988, and is offered this evening for a second reading. He added this item requires a 4/5's vote by the Council. The Director of Public Works briefly reviewed the site and explained the ordinance would vacate the area as a street but would maintain the City's existing utility easements. He added the owner would obtain the surface rights to the property. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating the Right of Way of Xerxes Avenue North, North of the Northerly Right of Way of 68th Avenue North in Elsen's City View Third Addition and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Vacating the Right of Way of Xerxes Avenue North, North of the Northerly Right of Way of 68th Avenue North in Elsen's City View Third Addition. The motion passed unanimously. ORDINANCE NO 88 -16 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING THE RIGHT OF WAY OF XERXES AVENUE NORTH, NORTH OF THE NORTHERLY RIGHT OF WAY OF 68TH AVENUE NORTH IN ELSEN'S CITY VIEW THIRD ADDITION 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 Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition. He noted this item was first read on July 25, 1988, published in the City's official newspaper on August 4, 1988, and is offered this evening for a second reading. He added this item requires a 4/5's vote by the City Council. The City Manager stated there has been a request for tabling of this item due to some problems with one of the utility companies. He stated the Council can continue the public hearing or close the public hearing and table the vote until a later date. The Director of Public Works explained Northwestern Bell has stated there may be a cable in this 8 -22 -88 -4- K area, and they have requested tabling to allow them time to locate the cable. He stated he believes the cable may be located in the northerly five feet of the easement. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition and inquired if there was anyone present who wished to speak. No one appeared to speak. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition to the Council meeting scheduled for September 6, 1988. The motion passed unanimously. DISCUSSION ITEMS ZONING OF LAND SOUTH OF FREEWAY BOULEVARD AND EAST OF SHINGLE CREEK The Director of Planning and Inspection briefly reviewed the property site and noted in the past the Council has expressed some concerns regarding development at the corner of Shingle Creek Parkway and Freeway Boulevard. He noted past proposals for this site did not fit the master plan for that area. He went on to review the discussion of the Planning Commission and noted it was the general consensus of the commission to recommend rezoning of the property. He noted by rezoning the property it would limit the uses allowed by special use permit in the I -1 zone, and it was also recommended to consider a new use classification for a hotel containing dining facilities, meeting rooms and conference facilities as a use allowed as a special use in the I -1 zoning district. A brief discussion then ensued regarding the rezoning of this area and Councilmember Theis inquired how current C -2 owners would be affected by this change. The Director of Planning and Inspection stated an ordinance amendment would not affect the current C -2 property owners, however, it would place more C -2 property within the City. He added that the C -2 uses are not being changed but the I -1 special uses are. EDA Coordinator Brad Hoffman entered the meeting at 8 :12 p.m. There was a motion by Councilmember Scott and seconded by Councilmember Hawes directing the issue of rezoning for the area south of Freeway Boulevard and east of Shingle Creek Parkway back to the Planning Commission for public hearings. The motion passed unanimously. ZONING OF LAND AT SOUTHWEST CORNER OF I -94 AND BROOKLYN BOULEVARD The Director of Planning and Inspection briefly reviewed the location of this site and noted there are access and soil problems on the property. He noted the City's Comprehensive Plan recommends a mid - density development, that being R -3 or C -1 (service office). He added the Planning Commission recommended staff start the rezoning process for these parcels. There was a motion by Councilmember Theis and seconded by Councilmember Scott directing staff to commence action for rezoning of this area. The motion passed unanimously. 8 -22 -88 -5- ADJOURNMENT There was a motion by Councilmember Hawes and seconds d' Ihho a to adjourn the meeting. The motion passed unanimou,.0 ;y: Vie bLoo eJ�7z. (C--nter City Council adjourned at 8:28 p.m. City Clerk ay,o,r 8 -22 -88 -6- 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 SEPTEMBER 6, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Assessor Pete Koole, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist recognized Rollie Bolier, 6825 Quail Avenue North. Mr. Bolier stated he was present this evening to discuss the proposed nuisance ordinance amendments. He stated he has a neighbor who owns a large diesel dump truck and trailer which is arked p at the home every day. He noted the owner of the truck works on the truck quite often and has installed lights in his backyard so that he can work into the late night hours. He stated he has notified the police department when the owner has the trailer home with the truck because there is a violation of the length then. He stated he feels the proposed ordinance amendment will be good for the community and noted he felt the Council must decide if the neighbors of these nuisances or the truckers should experience a hardship. Councilmember Lhotka inquired what type of action has been taken when the police are called. The City Manager stated he would have to investigate that question. Councilmember Lhotka stated it appears the problems with having a large truck of this type around is the repair and maintenance on it. He inquired if it would be possible, under the present ordinance, to allow a truck owner to park the truck at home but not allow any repair or maintenance of the vehicle. The City Manager noted staff is presently looking at changes to the home occupation ordinance which might address this issue. Public Works Coordinator Joe Oster entered the meeting at 7:20 p.m. Mayor Nyquist then recognized Joyce Hardt, 6807 Quail Avenue North. Ms. Hardt stated she too lives in the same neighborhood as Mr. Bolier and the owner of the dump truck. She noted she has lived there for 14 years. She stated she and her husband are retiring soon and would like to sell their home, however, real estate agents have said this neighbor with the dump truck could be a hinderance and delay the sale. She noted the truck and the maintenance which the owner does on it is very noisy. 9 -6 -88 -1- 4 CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Theis requested item 10a be removed. FINAL PLAT APPROVAL - DITZLER ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for the Ditzler Addition which is located on the south side of 69th Avenue North between Camden Avenue and Aldrich Avenue. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -138 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO PROVIDE FOR PURCHASE OF TREES TO REPLACE TREES LOST BECAUSE OF DROUGHT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -139 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 09/05/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -140 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPOINTING GERALD G. SPLINTER TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -141 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 Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: 9 -6 -88 -2- ITINERANT FOOD ESTABLISHMENT Spiritual Life Ministries 6500 Shingle Creek Pkwy. SIGN HANGER Sign Service, Inc. 1016 N. 5th Street TAXICABS Airport Cab 3010 Minnehaha Ave. S. Suburban Taxi Corporation 9614 Humboldt Ave. S. The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:30 p.m. and reconvened at 7:32 p.m. PUBLIC HEARING - ANNUAL CITY BUDGET The City Manager stated the Finance Director would like to give a brief introduction tonight for the 1989 budget and then adjourn the public hearing to the September 14 meeting at which time the Council would review the budget department by department. He noted part of the Finance Director's introduction would be an explanation of the omnibus tax bill. The Finance Director went on to briefly review the omnibus tax bill and noted that it is very expensive and time consuming for the cities. He went on to review certain points of the budget and noted the total proposed budget for 1989 is $9.8 million which represents a 6.2% increase. He went on to discuss revenues and other funding sources. He noted at the September 14, 1988, special City Council meeting, individual departmental budgets would be reviewed. Mayor Nyquist opened the meeting for the purpose of a public hearing on the annual City budget. He inquired if there was anyone present who wished to speak at the public hearing. There being none, he entertained a motion to continue the ublic hearing to September 14, 1988. P g There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on the annual City budget to September 14, 1988. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition. He noted this item was first read on July 25, 1988, and published in the City's official newspaper on August 4, 1988. The second reading was held and the public hearing was opened on August 22, 1988, then continued to this evening to allow receipt of more information from the utility companies. He added this item requires a 4/5's vote by the Council. The Director of Public Works briefly reviewed the location of the property and noted the existing utility line is within the five feet which the City will be retaining as easement. Mayor Nyquist reopened the public hearing on An Ordinance Vacating Part of a Utility asement in Lot y 1, Block 3, Donnay s Brooklyn Gardens 2nd Addition y and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. 9 -6 -88 _3_ There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition. The motion passed unanimously. ORDINANCE NO. 88 -17 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF A UTILITY EASEMENT IN LOT 1, BLOCK 3, DONNAY'S BROOKLYN GARDENS 2ND ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. PUBLIC HEARINGS Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for 1987 and 1988 diseased shade tree removal costs. The Director of Public Works noted the City has received no written correspondence regarding the public hearing for diseased shade tree removal costs. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on proposed assessments for 1987 and 1988 diseased shade tree removal costs. The motion passed unanimously. RESOLUTION NO. 88 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for delinquent public utility accounts. The Director of Public Works noted the City has received no written correspondence regarding the public hearing on delinquent public utility accounts. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on proposed assessments for delinquent public utility accounts. The motion passed unanimously. RESOLUTION NO. 88 -143 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 9 -6 -88 _4_ The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for delinquent weed destruction accounts. He inquired if there was anyone present who wished to speak at the public hearing. He then recognized Ubaldo Ramos, 6836 West River Road. Mr. Ramos stated when he received the notice to cut his property he made arrangements for a neighbor to do it. He then noted the City apparently also sent its weed cutter in and charged him for an one and one -half hour of work. He stated it did not appear the City had done any cutting at all and he felt $70 was much too high for one and one -half hour of work. He stated he did send a letter to the City Clerk on August 15, 1988. The Director of Public Works stated he was not aware of this letter and would have to look into the matter. The City Manager stated the Council can remove this property from the assessment roll and act on it separately at the next City Council meeting. Mr. Ramos stated he is requesting that the City Council dismiss the entire assessment this evening. Councilmember Lhotka stated he would like some background information before he can make any decision on the matter. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on proposed assessments for delinquent weed destruction accounts. The motion passed unanimously. There was a general consensus among Councilmembers to remove the property at 6836 West River Road from the assessment roll and act on it at the next City Council meeting. RESOLUTION NO. 88 -144 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The Finance Director left the meeting at 8:30 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for street improvement project No. 1988 -04. The Director of Public Works gave a brief review of the project and noted slightly over 20% of the project cost is being assessed. He added the City has received no written correspondence regarding the public hearing on proposed special assessments for street improvement project No. 1988 -04 (Logan Avenue North). Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. 9 -6 -88 -5- There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on proposed special assessments for street improvement project No. 1988 -04 (Logan Avenue North). The motion passed unanimously. Councilmember Theis stated he has some concerns with assessing property owners before the project is complete. He inquired what opportunity the property owners would have to address any problems that occurred because of the project if the dollar amount has already been assessed. essed. The City Manager stated staff has not experienced any problems with this contractor so far. He explained a few years ago with the Lyndale project, staff was aware of the problems from the very beginning. He noted by approving the assessment this year it also saves one year of construction interest on the assessment. RESOLUTION NO. 88 -145 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NO. 1988 -04 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for street improvement project Nos. 1988 -05 (France Avenue North from south City limits to 50th Avenue), 1988 -06 (Lakebreeze Avenue North from Highway 100 to Azelia), and 1988 -07 (50th Avenue North from Highway 100 to France Avenue). He inquired if there was anyone present who wished to speak at the public hearing. He then recognized James Talmage, 3715 50th Avenue North. Mr. Talmage explained he owns the property at 5000 France Avenue North. He stated he was not contacted by the City or the contractor regarding the use of his property for storage of construction equipment. He noted, however, he was told by a City representative that the contractor would restore the property to its original state. Mr. Talmage inquired why a curb cut was not installed on the northeast side of 50th and France Avenue North. He stated there had been a driveway at this area and he is requesting that the curb cut be put in or the assessment reduced by $1,350, which is the amount it would cost him to put in the curb cut. The Director of Public Works stated it is not the normal practice to install driveways or curb cuts on vacant property. He stated past experience has shown that if the curb cut is put in on the vacant property, when the property is developed the curb cut is usually in the wrong area. He noted if the curb cut were in the wrong area it would be much costlier to remove the curb cut and redo it somewhere else. He stated the Council may wish to remove this property from the assessment roll to allow for further investigation into the matter. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on proposed special assessments for street improvement project Nos. 1988 -05, 1988 -06, and 1988 -07. The motion passed unanimously. 9 -6 -88 -6- There was a general consensus among Councilmembers to remove the property at 5000 France Avenue North from the proposed assessment roll for street improvement project Nos. 1988 -05, 1988 -06, and 1988 -07. RESOLUTION NO. 88 -146 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FROM STREET IMPROVEMENT PROJECT NUMBERS 1988 -05, 1988 -06, AND 1988 -07 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:04 p.m. and reconvened at 9:23 p.m. MAYORAL APPOINTMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint Ellamae Sander to the Brooklyn Center Planning Commission. The motion passed unanimously. RESOLUTIONS (CONTINUED The City Manager presented a Resolution Accepting Work Performed under Contract 1988 -J (1988 Sealcoating Program, Improvement Project No. 1988 -15). Councilmember Theis stated he was not happy with the overlapping of materials down the center of the streets. He noted it gives the sealcoating job an appearance of poor workmanship. The Director of Public Works stated this overlapping does occur on a portion of all sealcoating projects, but it may be more noticeable with the new material which is being used this year. Councilmember Theis inquired if it would affect the life expectancy of the project. The Director of Public Works responded negatively. He added the Council could table this resolution to allow for further staff review. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to table a Resolution Accepting Work Performed under Contract 1988 -J (1988 Sealcoating Program, Improvement Project No. 1988 -15). The motion passed unanimously. The City Manager presented a Resolution Authorizing a Capital Projects Fund Appropriation for the Installation of Additional Trees at Centerbrook Golf Course. He noted staff is recommending a two phase plan of installation and noted under the first phase all the trees would be purchased and planted yet this fall. The Director of Public Works briefly reviewed the proposed locations for the fall plantings and noted that a final plan or cost estimate has not yet been developed for all of the landscaping which is being recommended. RESOLUTION NO 88 -147 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION FOR THE INSTALLATION OF ADDITIONAL TREES AT CENTERBROOK GOLF COURSE 9 -6 -88 _7_ 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 Quote and Awarding Contract for Blacktopping of Pathways at Centerbrook Golf Course. He noted the Director of Recreation and the Golf Course Manager have recommended installation of blacktop pathways in certain areas of the golf course. He noted these areas have shown much wear and tear over the golf season and staff cannot keep the grass growing in these areas. RESOLUTION NO. 88 -148 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR BLACKTOPPING OF PATHWAYS AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Police Chief Jim Lindsay, Police Captain Scott Kline, and Investigator Paul Monteen entered the meeting at 9:35 p.m. DISCUSSION ITEMS POLICE DEPARTMENT FIVE YEAR STAFFING PLAN The Police Chief stated the five year staffing study committee has researched and established techniques and measurements for data analysis with a view towards the predicting of activities and services. He noted these techniques were then used to provide the necessary data for determining options and designing and programming police services. He then went on to review how the study was completed. He concluded by reviewing the calendar summary of personnel requests which will begin in 1989. A brief discussion then ensued regarding the DARE and Officer Friendly programs which would operate in the schools. The Police Chief noted the DARE program, if approved in the 1989 budget, would not begin until September of 1989. He concluded by stating because of the many activities that are available in Brooklyn Center such as the regional shopping center (Brookdale), numerous movie theaters, bowling alleys, car dealerships, and hotels /motels, many people enter the City each day and the potential for crime is there. ADDITIONAL STAFF - DEPARTMENT OF PLANNING AND INSPECTION The City Manager stated that part of the 1989 budget request for the Department of Planning and Inspection is one additional Housing Inspector. The Director of Planning and Inspection went on to review the responsibilities proposed for the new position. He noted that with the exception of the full -time receptionist which was added during 1988, the department complement of full -time personnel has been at five for approximately ten years. He explained the position being requested would not be a certified building inspector but rather a person who could be trained to enforce the City's maintenance and occupancy ordinance and implement the housing quality standards for the section 8 rent assistance program. He stated he believes since Brooklyn Center is moving from a developing community to a maintenance community, the need has arisen for some 9 -6 -88 _g_ additional nontechnical inspection services which could be handled very well by the addition of a Housing Inspector to the City staff. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :35 p.m. City Clerk Mayor 9 -6 -88 -9- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION SEPTEMBER 13, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Dean Nyquist at 9:12 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, City Clerk Darlene Weeks, Election's Secretary Dolores Narey, and Administrative Aid Patti Page. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns at the various City precincts, reporting ballots cast in the City of Brooklyn Center contests as follows: Office of City Council Member William H. Hawes 450 John C. Luzaich 183 Kristen C. Mann 460 Todd Paulson 882 Jerry Pedlar 849 RESOLUTION NO. 88 -149 Upon completing the election canvass, member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF SEPTEMBER 13, 1988, PRIMARY ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :13 p.m. City Clerk Mayor 9 -13 -88 _1_ CITY OF BROOKLYN CENTER Council Meeting Date 9 -19 -88 Agenda Item Number ?ate REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT DEPT. APPROVAL: kiA9 AMQ= - n: Personnel Coordinator Si nature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) August 8, 1988 - The City Council approved payment for services to North Hennepin Mediation Project (NHMP) on a prorated basis for the first seven months of 1988 as accordin g t to terms of the 1987 contract for mediation services. Final approval of the 1988 contract was delayed in order to further investigate language changes from the 1987 to 1988 contracts as recommended by Mayor Nyquist. August 22, 1988 - Because of concerns over new contract language raised by NHMP, the City Council delayed action on approval of the contract. Amended Proposed Contract NHMP has had an opportunity to make new changes to the contract. The first sentence of the Liabilities section of the proposed contract has been amended. (Underline indicates new matter, and brackets indicate matter to be deleted.) The City shall not exercise [ultimate] control of the process, means, or procedures used in providing services hereunder, shall provide no directive to, and shall not interfere with NHMP or its employees or volunteers in the performance of the services required by this contract [so long as the service is of a quality acceptable to the City]. Under the Payment section, a new sentence is added at the conclusion of the paragraph: In the event the quality of services required by this contract is not acceptable to the City, this agreement may be terminated. Under the Miscellaneous section, a new first sentence is added: In an effort to improve the quality of mediation services provided by this agreement, the City and NHMP agree to exchange information and ideas, maintain open communication, and respond to all disputes, misunderstandings, and recommendations. The city attorney has reviewed the new language and feels there will be no problems with it. * Recommended City Council Action Pass a Resolution Authorizing the Mayor and City Manager Y Y g to Enter Into An Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project. 9a, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT WHEREAS, the City of Brooklyn Center has allocated $6,600 in the 1988 budget, Unit 11, Object 4429 for mediation services; and WHEREAS, the City of Brooklyn Center and North Hennepin Mediation Project are desirous of entering into an agreement for the provision of services from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to North Hennepin Mediation Project. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and NORTH HENNEPIN MEDIATION PROJECT This Agreement is made the day of between the City of Brooklyn Center, hereinafter referred to as the City, and the North Hennepin Mediation Project, hereinafter referred to as NHMP; In consideration of the covenants set forth herein, the City and NHMP agree as follows: Services Provided. NHMP, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without limitation, the following: a. Mediation services for citizens - City disputes resulting from conflicts in enforcement of City ordinances, rules, and regulations. b. Mediation services for resolving ordinance and nonordinance related neighborhood disputes. C. Mediation services for resolving juvenile justice system disputes, provided that the records and identity of the juvenile shall be provided to NHMP pursuant to Minn. Stat. 260.161. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the NHMP Board of Directors. Limitations and Report NHMP shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by NHMP. NHMP shall submit an annual report to the City outlining the services provided to the City during the preceding year. Liabilities. The City shall not exercise control of the process, means, or procedures used in providing services hereunder, shall provide no directive to, and shall not interfere with NHMP or its employees or volunteers in the performance of the services required by this contract. NHMP volunteers and employees shall not be considered employees of the City and shall be under the direct control of NHMP. NHMP agrees to indemnify the City and hold the City harmless from any liability, claim, demand or action of any kind, including legal expenses, arising out of NHMP activities, and NHMP shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. NHMP shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. Duration. The services provided by NHMP hereunder shall commence on the day of , 1988, and continue until December 31, 1988. It is understood between the parties that NHMP intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that NHMP continues to provide such services to the residents of the City of Brooklyn Center after expiration of this contract. Payment. The City agrees to pay the sum of Six Thousand Six Hundred ($6,600) Dollars for the services provided hereunder, for the term of the contract. The sum of $6,600 shall be the total obligation of the City under this contract and shall be payable to NHMP as follows: $3,500 on August 22, 1988, as approved by the City Council on August 8, 1988, and $3,100 on September 26, 1988, in order to provide the services required hereunder. In the event that NHMP fails to rovide the services ces hereunder, discontinues its operation, or otherwise breaches the contract in any material way, NHMP shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. In the event the quality of services required by this contract is not acceptable to the City, this agreement may be terminated. Miscellaneous. In an effort to improve the quality of mediation services provided by this agreement, the City and NHMP agree to exchange information and ideas, maintain open communication, and respond to all disputes, misunderstandings, and recommendations. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the NHMP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. The City shall be a corporate member of the NHMP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Mayor City Manager NORTH HENNEPIN MEDIATION PROJECT President Corporate Secretary CITY OF BROOKLYN CENTER council Meeting Date 9 -19 -88 z � k Agenda Item Number /a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE MASTER LABOR AGREEMENT AND APPENDIX A OF THE MASTER LABOR AGREEMENT BETWEEN M.A.M.A., REPRESENTING THE CITY OF BROOKLYN CENTER, AND THE I.U.O.E. LOCAL NO. 49 AND AMENDING THE CITY OF BROOKLYN CENTER 1988 EMPLOYEE POSITION AND CLASSIFICATION PLAN DEPT. APPROVA Personnel Coordinator Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) The Metropolitan Area Management Association M.A.M.A. representing the it f � )+ p g City o Brooklyn Center, and the International Union of Operating Engineers (I.U.O.E.) Local No. 49 have reached agreement on wages and insurance contributions for 1988 and 1989. The following changes to the master labor agreement, appendix A of that agreement, and the City of Brooklyn Center 1988 employee and position classification plan are as follows: 1. The City's monthly contribution towards insurance will increase to $185. 2. In both 1988 and 1989, all classifications, except Maintenance I in 1988, will receive an increase of 1.5% on the base wages. In 1988, Maintenance I employees will receive a 3.5% increase on base wages due to pay equity considerations. In 1988, all classifications except Maintenance I will receive a lump sum payment of 2% to be paid in two installments. In 1989, all classifications will receive a lump sum payment of 2% to be paid in three installments. Please refer to the attached information for specific language amendments. RECOMMENDED CITY COUNCIL ACTION: Approve the Resolution Amending the Master Labor Agreement and Appendix A of the Master Labor Agreement between M.A.M.A., Representing the City of Brooklyn Center, and the I.U.O.E. Local No. 49 and Amending the City of Brooklyn Center 1988 Employee Position and Classification Plan • g6 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE MASTER LABOR AGREEMENT AND APPENDIX A OF THE MASTER LABOR AGREEMENT BETWEEN M.A.M.A., REPRESENTING THE CITY OF BROOKLYN CENTER, AND THE I.U.O.E. LOCAL NO. 49 AND AMENDING THE CITY OF BROOKLYN CENTER 1988 EMPLOYEE POSITION AND CLASSIFICATION PLAN WHEREAS, agreement has been reached between the Metropolitan Area Management Association (M.A.M.A.), representing the City of Brooklyn Center, and the International Union of Operating Engineers (I.U.O.E.) Local No. 49 on wages and insurance contributions for 1988 and 1989; and WHEREAS, it is necessary for the City Council to amend the 1987 -1989 Master Labor Agreement and Appendix A of the Master Labor Agreement between M.A.M.A. and I.U.O.E. Local No. 49 and to amend the City of Brooklyn Center 1988 Employee Position and Classification Plan before terms of the agreement become effective. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. Article XIX Insurance, Section 19.2, of the 1987 -1989 Master Labor Agreement between the Metropolitan Area Management Association (M.A.M.A.), representing the City of Brooklyn Center, and the International Union of Operating Engineers Local No. 49 is hereby amended in its entirety to read as follows: The EMPLOYER will contribute up to a maximum of one hundred eighty -five dollars ($185.00) per month per employee (or an amount equal to that paid by the EMPLOYER for the EMPLOYER'S nonmanagement /nonessential employees, whichever is greater) for calendar 1988 and 1989. 2. Appendix A of the Master Labor Agreement is hereby amended by adding Section A -2 for 1988 wages, increasing the 1987 base wages by 1.5% for all classifications except Maintenance I, which shall receive an increase of 3.5% on its 1987 base wage, and all employees, except Maintenance I, shall be paid a lump sum payment for all hours that the employee would be normally scheduled to work (excluding all overtime hours) equal to two percent (2 %) of the employee's base pay rate. Payment of the lump sum shall be in two installments: one after the City approves the contract and one to be made on December 15, 1988, or as close to December 15, 1988, as practicable. 3. Appendix A of the Master Labor Agreement is hereby amended by adding Section A -3 for 1989 wages, increasing the 1988 base wages by 1.5% for all classifications, and all employees shall be paid a lump sum payment for all hours that the employee would be normally scheduled to work (excluding all overtime hours) equal to two percent (2%) of the employee's base rate pay. Payment of the lump sum shall be in three installments: one on RESOLUTION NO. April 15, 1989, or as close to April 15, 1989, as practicable, for all hours worked in January, February, March, and April; one on August 15, 1989, or as close to August 15, 1989, as practicable, for all hours worked in May, June, July, and August; and one on December 15, 1989, or as close to December 15, 1989, as practicable, for all hours worked in September, October, November, and December. 4. Schedule F and Schedule H of the City of Brooklyn Center 1988 Employee Position and Classification Plan are hereby amended to reflect the above changes made to the Master Labor Agreement and Appendix A. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 46 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of one hundred seventy -five dollars ($175.00) per month per employee for group health and life insurance including dependent coverage for calendar 1987. 19.2 The EMPLOYER will contribute up to a maximum of one hundred eighty -five dollars ($185.00) per month per employee (or an amount equal to that paid by the EMPLOYER for the EMPLOYER'S non management /non - essential employees, whichever is greater) for calendar 1988 and 1989. 19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19.1 and 19.2 for dental insurance for all unit employees. -15- APPENDIX A WAGES A -1. The following wage schedule will be in effect from the first payroll period in 1987 through the last payroll period in 1987: MAINTENANCE III . . . . . . . . . . . $12.60 per hour P MAINTENANCE II . . . . . . . . . . . . $12.10 per hour MAINTENANCE I . • $ 8.72 P er hour MECHANIC . . . . . . . . . . . . . . . $12.60 per hour NIGHT SERVICE PERSON . . . . . . . . . $11.90 per hour WELDING . . . . . . . . . . . . . . . $12.35 per hour CREW LEADER . . . . . An employee assigned in writing by the department head to assist a supervisor as a crew leader shall be paid an additional $.52 per hour while performing such duties. A -2. The following wage schedule will be in effect from the first payroll period in 1988 through the last payroll period in 1988: MAINTENANCE III . . . . . . . . . . . $12.79 per hour MAINTENANCE II . . . . . . . . . . . . $12.28 per hour MAINTENANCE I . . . . . . . . . . . . $ 9.03 per hour MECHANIC. . . . . . . . . . . . . . . $12.79 per hour NIGHT SERVICE PERSON . . . . . . . . . $12.08 per hour WELDING . . . . . . . . . . . . . . . $12.54 per hour CREW LEADER . . . . . An employee assigned in writing by the department head to assist a supervisor as a crew leader shall be paid an additional $.53 per hour while performing such duties. A -1 LUMP SUM PAYMENT IN ADDITION TO WAGE RATES SHOWN ABOVE: In addition to the above wage schedule, all employees except Maintenance I shall be paid a lump sum payment for all hours that the employee would be normally scheduled to work (excluding all overtime hours) equal to two percent (2 %) of the employee's base pay rate. Payment of the lump sum shall be in two installments: 1. One after the City approved the contract; and 2. One to be made on December 15, 1988, or as close to December 15, 1988, as practicable. A -3. The following wage schedule will be in effect from the first payroll period in 1989 through the last payroll period in 1989: MAINTENANCE III . . . . . . . . . . . . . . $12.98 per hour MAINTENANCE II . . . . . . . . . . . . . . $12.46 per hour MAINTENANCE I . . . . . . . . . . . . . . . $ 9.17 per hour MECHANIC . . . . . . . . . . . . . . . . . $12.98 per hour NIGHT SERVICE PERSON . . . . . . . . . . . $12.26 per hour WELDING . . . . . . . . . . . . . . . . . . $12.73 per hour CREW LEADER . . . . . . . . An employee assigned in writing by the department head to assist a supervisor as a crew leader shall be paid an additional $.54 per hour while performing such duties. LUMP SUM PAYMENT IN ADDITION TO WAGE RATES SHOWN ABOVE: In addition to the above wage schedule, all employees shall be paid a lump sum payment for all hours that the employee would be normally scheduled to work (excluding all overtime hours) equal to two percent (2 %) of the employee's base pay rate. Payment of the lump sum shall be in three installments: 1. April 15, 1989, or as close to April 15, 1989, as possible, for all hours worked in January, February, March, and April; and 2. August 15, 1989, or as close to August 15, 1989, as possible, for all hours worked in May, June, July, and August; and 3. December 15, 1989, or as close to December 15, 1989, as possible, for all hours worked in September, October, November, and December. A -2 B. All new employees hired after February 7, 1984, may be classified at the sole discretion of the individual cities covered by this AGREEMENT as MAINTENANCE I and receiving Working Out of Classification pay as provided by Section C of this APPENDIX. C. WORKING OUT OF CLASSIFICATION PAY C -1 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit: (Heavy Equipment items are those listed in the LOCAL ADDENDUM to this MASTER LABOR AGREEMENT.) A -3 (AAPC7F) CITY OF BROOKLYN CENTER 1988 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE F UNION OF OPERATING ENGINEERS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL NO. 49 ------------------------------------------------------------------- - - - - -- PLAN NOTE: The following Wage Schedule will be in effect from the first payroll period in 1988 through the last payroll period in 1988: ---------------------------------------------------------------------------------------- CONVERSION TABLE HOURLY--------------------------- POSITION RATE MONTHLY ANNUAL --------------------- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- Maintenance III $ 12.79 $ 2,225 $ 26,706 Maintenance II $ 12.28 $ 2 $ 25,641 Mechanic $ 12.79 $ 2,225 $ 26,706 Night Service Person $ 12.08 $ 2,102 $ 25,223 Maintenance I Beginning $ 9.03 $ 1,571 $ 18,855 Maintenance I Step 1 $ 9.84 $ 1,712 $ 20,546 Maintenance I Step 2 $ 10.66 $ 1,855 $ 22,258 Maintenance I Step 3 $ 11.47 $ 1,996 $ 23,949 Welding $ 12.54 $ 2 $ 26,184 Crew Leader $ 0.53 in addition to regular rate when assigned in writing by the department head to assist a supervisor as crew leader while performing such duties. LUMP SUM PAYMENT IN ADDITION TO WAGE RATES SHOWN ABOVE: In addition to the above salary schedule, all employees, except Maintenance I, shall be paid a lump sum payment for all hours that the employee would be normally scheduled to work (excluding all overtime hours) equal to two per cent (2 %) of the employee's base pay rate. Payment of the lump sum shall be in two installments: 1. One after the City approved the contract; and 2. One to be made on December 15, 1988 or as close to December 15 as practicable. Working out of Classification Pay: Employees required by the Employer to operate certain items of heavy equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit. Employees hired after February 7, 1984, in the Maintenance I classifi- cation who are required by the Employer to operate certain items of light equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit. Standby Pay: Public Utilities employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a Saturday, Sunday or Holiday will receive as compensation for such service two (2) hours of overtime pay for each day served in such status. Such standby pay shall be in addition to other compensation which the employee is entitled to under this agreement. --------------------------------------------------------------------------------------- NOTE: The above positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual equivalents. The schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1988. The schedule converts the annual rate to the monthly rate by dividing the annual rate by twelve months. The conversions are for informational purposes only and are not a part of the official wage schedule. -13- (AAPC7F) CITY OF BROOKLYN CENTER 1988 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE F UNION OF OPERATING ENGINEERS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL NO. 49 ------------------------------------------------------------------- - - - - -- PLAN NOTE: The following Wage Schedule will be in effect from the first payroll period in 1988 through the last payroll period in 1988: ---------------------------------------------------------------------------------------- CONVERSION TABLE HOURLY --------------------------- POSITION RATE MONTHLY ANNUAL Maintenance III $ 12.79 $ 2,225 $ 26,706 Maintenance II $ 12.28 $ 2,137 $ 25,641 Mechanic $ 12.79 $ 2,225 $ 26,706 Night Service Person $ 12.08 $ 2,102 $ 25,223 Maintenance I $ 9.03 $ 1,571 $ 18,855 Welding $ 12.54 $ 2,182 $ 26,184 Crew Leader $ 0.53 in addition to regular rate when assigned in writing by the department head to assist a supervisor as crew leader while performing such duties. LUMP SUM PAYMENT IN ADDITION TO WAGE RATES SHOWN ABOVE: In addition to the above salary schedule, all employees, except Maintenance I, shall be paid a lump sum payment for all hours that the employee would be normally scheduled to work (excluding all overtime hours) equal to two per cent (2%) of the employee's base pay rate. Payment of the lump sum shall be in two installments: 1. One after the City approved the contract; and 2. One to be made on December 15, 1988 or as close to December 15 as practicable. Working out of Classification Pay: Employees required by the Employer to operate certain items of heavy equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit. Employees hired after February 7, 1984, in the Maintenance I classifi- cation who are required by the Employer to operate certain items of light equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit. Standby Pay: Public Utilities employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a Saturday, Sunday or Holiday will receive as compensation for such service two (2) hours of overtime pay for each day served in such status. Such standby pay shall be in addition to other compensation which the employee is entitled to under this agreement. NOTE: The above positions are classified as non - exempt under the Fair Labor Standards Act (FLSA) and are compensated at an hourly rate. This schedule also converts the hourly wage rate to monthly and annual equivalents. The schedule converts the hourly rate to an annual rate by multiplying the hourly rate by the number of normal work hours in the current year. The number of normal work hours is determined by subtracting Saturdays and Sundays from the total number of days in the year and multiplying that number by eight hours. There are 2,088 normal work hours in 1988. The schedule converts the annual rate to the monthly rate by dividing the annual rate by twelve months. The conversions are for informational purposes only and are not a part of the official wage schedule. -13- (AAPC7H) CITY OF BROOKLYN CENTER 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE H 46 EMPLOYEE- INSURANCE - BENEFITS EMPLOYEE INSURANCE BENEFITS ------------------------------------------------------------------------------------------ L.E.L.S., LOCAL NO. 82, POLICE OFFICERS: --------------------------------------- * * * * * * * ** 1987 CONTRIBUTION EXTENDED UNTIL SETTLEMENT REACHED * * ** The City will contribute up to a maximum of $175 per month per employee toward health, life, long -term disability insurance, and dental insurance. (Dental insurance not to exceed $15.) INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO: ----------------------------------------------------------------- The City will contribute up to a maximum of $185 per month per employee for group health and life insurance including dependent coverage for calendar year 1988. By mutual agreement, employees may use $15 of the per month per employee of health insurance dollars for dental insurance for all unit employees. NON- ORGANIZED CITY EMPLOYEES: ---------------------------- The City will contribute, effective with insurance premiums due January 1, 1988, payment of an amount not to exceed $185 per month toward the cost of coverage under the Brooklyn Center Group Hospital- Medical Insurance Plans, $5,000 Group Life Insurance Policy, and Group Dental Insurance as fringe benefit compensation for permanent full -time employees (and eligible dependents) who are not members of recognized bargaining units. (Dental insurance not to exceed $15.) CITY MANAGER: As provided in the City Manager's Personal Service Contract. -- ------------------------------------------------------------------------------------ -15- ti P A lTrAfttropofftan Area Management Affodation of the Twin City Area August 31, 1988 TO: CITY MANAGERS /ADMINISTRATORS MAMA -LOCAL 49 JOINT NEGOTIATIONS CITIES: Blaine Eden Prairie New Hope Brooklyn Center Edina Oakdale Brooklyn Park Y Fridley Richfield eld Burnsville Golden Valley Robbinsdale Circle Pines Hopkins Roseville Columbia Heights Minnetonka St. Anthony Cottage Grove Mounds View St. Louis Park Crystal Woodbury FROM: Jerry Splinter, Chairman, MAMA -49 Joint Cities Negotiating Committee and Brooklyn Center City Manager SUBJECT: SETTLEMENT FOR CALENDAR YEARS 1988 -1989 The 1987 -89 MAMA -Local 49 Joint Bargaining Agreement provided for reopened negotiations on the issues of wage rates and insurance for calendar years 1988 and 1989. After many months of negotiations and mediation, the MAMA and Local 49 bargaining committees reached a tentative Agreement. The Union has ratified the Agreement. The ratified Agreement is proposed to the individual Cities listed above for their approval. The Agreement is, in the opinion of the MAMA Negotiating Committee, consistent with the individual Cities' efforts to comply with the State's 1984 Comparable Worth Law. The Agreement should also be of assistance to the individual Cities in meeting their statutory comparable worth goals and helpful in their bargaining and /or arbitration efforts with other male- dominated employee groups. The Agreement is as follows: MAMA -49 JOINT -2- August 31, 1988 NEGOTIATIONS CITIES 1. Wage Rates for 1988 All jobs, except the rate(s) for the job classification of Maintenance I, listed in each City's wage appendix should be raised by 1 -1/2% effective the first payroll period of 1988, and all employees should be paid a lump sum payment for all hours the employees would be normally scheduled . to work (excluding all overtime hours) equal to 2% of the employee's base pay rate. Payment of the lump sum should be in two installments: 1. One after the City has approved the contract; and 2. One to be made December 15, 1988 or as close to December 15 as is practicable. The Maintenance I 1987 starting rate should be raised by 3.5% unless such an increase would place the rate above the City's 110% "all jobs" pay line. In such an event, the rate will be raised by a percentage which will not put the rate above the City's 110% "all jobs" pay line. 2. Wage Rates for 1989 The base rate for all job classifications should be raised by 1.5% effective the first payroll period in January, 1989, and all employees should be paid a lump sum payment for all hours the employees would be normally scheduled to work (excluding overtime hours) equal to 2% of the employee's base pay rate. Payment of the lump sum should be made in three installments: 1. On or about April 15, 1989 for all hours normally scheduled (excluding overtime hours) for the months of January, February, March and April; 2. On or about August 15, 1989 for all hours normally scheduled (excluding overtime hours) for the months Of May, June, July and August; and 3. On or about December 15, 1989 for all hours normally scheduled (excluding overtime hours) for the months of September, October, November and December. NOTE The Wage rates for the computation of overtime pay shall not include the lump sum payments The overtime rate is to be computed only on the new base rates. The new APPENDIX A - WAGES (page 19) of the MASTER LABOR AGREEMENT is enclosed with this memorandum. 1 f� MAMA -49 JOINT -3- August 31, 1988 NEGOTIATIONS CITIES 3. Insurance The City will contribute toward Health and Life Insurance an amount equal to the amount the City will pay for its non management /non - essential employees or $185.00 per employee per month, whichever is greater. The new ARTICLE XIX - INSURANCE will read (a new page for your Master Labor Agreement is enclosed): "19.1 The EMPLOYER will contribute up to a maximum one hundred seventy -five dollars ($175.00) per month per employee f or group health and life insurance including dependent coverage for calendar 1987. 19.2 The h EMPLOYER will contribute u p to a maximum of one hundred and eighty -five dollars ($185.00) per month per employee (or an amount equal to that paid by the EMPLOYER for the EMPLOYER'S non - management/ non- essential employees, p yees, whichever is greater) for calendar 1988 and 1989. 19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19.1 and 19.2 for dental insurance for all unit employee." Questions should be directed either to je'rry Splinter, Chairman of the MAMA -49 Negotiating Committee at the City of Brooklyn Center, 561-5440, or to Cy Smythe, Labor Relations Consultant to MAMA at 546 -1470. JS:hfc cc: William S. Joynes C. F. Smythe Tim R. Connors Walter I. Nielsen *` CITY OF BROOKLYN CENTER council Meeting Date 9 -19 -88 Agenda Item Number L. REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Amendment to Year XIII of the Block Grant Program DEPT. APP VAL• EDA Coordinator Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below/attached- SUMMARY EXPLANATION: (supplemental sheets attached _) Monday evening there will be a resolution before the Council amending Year XIII of the Community • Development Block Grant Program. A public hearing will be held on the matter prior to the Council meeting. The amendment would transfer $200,000 from rehab grants and handicap accessible projects to the Earle Brown Farm acquisition program. The program was established as a multi -year program allowing the City to draw as much as $1.2 million. There is sufficient funds in Year XIV for rehab grants and the handicapped accessible projects have been completed. The fund balance for the activity is only $312.76. 1 will be available Monday evening. Barb Jensen, Chair of the CDBG advisory group, will also be present with the committee's recommendation. • 1 �C' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING PROPOSED PROGRAM FOR YEAR XIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the City of Brooklyn Center has established a multiyear project for the acquisition of the Earle Brown Farm; and WHEREAS, the City of Brooklyn Center has funds available in Year XIII project 23001, the removal of architectural barriers, in the amount of $312.76 and in project 23002, rehabilitation of private property, in the amount of $199,687.24. BE IT RESOLVED that the City Council of Brooklyn Center approves the proposed amendment of Year XIII Urban Hennepin County Community Development Block Grant funds and authorizes submittal of the proposal to Hennepin County for consideration by the Citizen Advisory Committee and for inclusion in the Year XIII Urban Hennepin County Community Development Block Grant Statement of Objectives and Project Use of Funds. BE IT FURTHER RESOLVED that $200,000 of Community Development Block Grant funds be reappropriated from Year XIII projects to the acquisition of the Earle Brown Farm Project. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date aLlaZE $ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AMENDING RESOLUTION NO. 88 -144, DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS DEPT. APPROVAL: * * * * * * * * * *y * *N* *PPS * DIRECTOR O * PUBLIC WO * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes On September 6 1988 P after Public Hearing, City it Council g y adopted a P resolution certifying • y g delinquent weed accounts to the Hennepin County Tax Rolls. During he g Public Hearing, the owner of the property at 6836 West River Road (PID 36- 119 -21 -12 -0049) objected to the proposed assessment on the grounds that: 1. As soon as the property owner received notice of weed infested lands the a 1 wn was mowed by hired help. 2. Weeds grow so fast that the inspector may not be able to tell that the lawn was mowed three days after the work was completed. 3. He was not notified that the weed cutting was not satisfactory and that he didn't see evidence that someone from the City cut his weeds. 4. He feels that $70.00 is out of line for an hour and a half of weed cutting. 5. He stated that he had mailed a written notice of his objections to the City Clerk. The City Council tabled the assessment to this property until a detailed report regarding the circumstances for the assessment and adopted the remainder of the delinquent weed account special assessments. Attached is the documentation regarding this special assessment including the • following: 1. "Inspector's Notice to Serve on Occupants, Owners, Agents, or Public Officials in Charge of Weed Infested Lands (Weed Notice). It was prepared on May 27, 1988 and required that the weeds be removed within 7 days. 2. Proof of mailing documents including the receipt for certified mail and the return receipt for certified mail showing that the notice was delivered on May 28, 1988. 3. City of Brooklyn Center Weed Inspector - Cutter Report. The records regarding this assessment indicate that the property owner did receive proper notice that the weeds on the subject property must be destroyed by cutting. The City weed cutter was ordered to cut weeds on June 10, 1988, giving the property owner 14 days from the date of the Weed Notice to remedy the problem. The City weed cutter claimed one and a half hours labor in cutting the weeds on June 20, 1988. According the City Weed Inspector, Brad Hoffman, this property has a history of receiving weed notices and has received other Weed Notices over the past three years including June 4, 1986, August 17, 1987, and May 27, 1988. The property owner did the minimum to comply to the previous notices and the work performed in response to the May 27, 1988 Weed Notice was not satisfactory. ® The weeds were temporarily beaten down but by the time the property was inspected the weeds had rebounded to the same height as they had been when the Weed Notice was prepared. In response to the five objections voiced by the property owner the following information is provided: 1. The property owner may have made an effort to take care of the problem but the work performed was not acceptable to the City's Weed Inspector and an order to remove weeds (attached hereto) was processed and given to the City weed cutter. 2. The weeds did not regrow to the height that initially required a Weed Notice be issued but the weeds had not been properly cut in the first place. The weeds were mowed in such a way that too much area had not been cut at all and in other areas the weeds had only been beaten down and had rebounded to original height soon after the attempt to mow. 3. It is the owner's responsibility to properly respond to a Weed Notice by cutting the weeds to fit in with the surrounding properties. In this case this is a single family residential property. In the Weed Inspector's opinion the lawn on this property did not approximate a single family residential lawn and was in violation of the legal notice. It is not the policy of the City to make repeated contact with a property owner to provide instructions on how to comply with the Weed Notice and that if clarification is needed, it is the responsibility of • the property owner to initiate the request. 4. The amount of the assessment includes the cost of hiring the City weed • cutter to cut the weeds plus $25.00 administrative fee. The actual cost of cutting the weeds was $45.00. 5. The City Clerk had received the property owner's letter objecting to the assessment (copy attached) and it was not available for the City Council Meeting because it was inadvertently filed with the other weed notice file and not forwarded to the Engineering Department to be presented at public hearing. Note: The City Weed Inspector will be present at the City Council Meeting on September 19, 1988 to answer any questions regarding this assessment and/or the City's noxious / y weed destruction process. Recommendation The City Council should: 1. Acknowledge receipt of the property owner's letter objecting to the assessment, 2. Adopt a motion denying the property owner's request to have the assessment removed or reduced; and 3. Adopt the attached resolution which adds the subject property to Special Assessment Levy No. 11070 and certifies it for collection on the Hennepin County Tax Rolls. • Member introduced the following resolution and moved �� its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 88 -144, DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City Council adopted resolution 88 -144, Resolution Certifying Delinquent Weed Destruction Accounts to the Hennepin County Tax Rolls, and the property owner of 6836 West River Road (PID 36- 119 -21 -12 -0049) objected to the assessment and the City Council tabled consideration of the assessment to this property until a detailed report could be prepared by City Staff, and WHEREAS, the City Staff has submitted a detailed report that indicates the the City's Weed Destruction procedure was proper and that the proposed assessment is both reasonable and valid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. Said assessment roll certified by Resolution No 88 -144 is hereby amended to include the special assessment to 6836 West River Road (PID 36- 119 -21 -12 -0049) which was tabled for further consideration. 2. The City Clerk shall add the before mentioned property to Special Assessment Roll No. 11070 and transmit the amended Special Assessment Roll to the Hennepin County Auditor and such assessment shall be collected and paid in the same manner as other municipal taxes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r 9 CITY OF BROOKLYN CENTERS Weed Inspector - Cutter Report TO BE PAID BY: Date Owner Taxs Property Location Owner's Name _I w Owner's Address rJ:�(%! � �'1yr' .f t -545c) LOT - ACREAGE - STREET -_ BOULEVARD - SCHOOL CHURCH Date Cut E 2 () / F Trash Removal Hours Start Time ( / '�-/- Finish Time Cutting Time Hours Cutting Hours x $ _ $ Total Types of Weeds: Ct Cutter Weed Inspecto , , � '+!' '- *y -: - :: ,'.'A.'y" "e`' -" 3' -e x `. 741 — CITED STATES POSTAL SERVICE T� '' " ss. � +',� P-561 185 029 "OFFICIAL BUSINESS R , `.'.SENDER INSTRUCTIONS"t+�� �� s REC�iPT FOR CERTIFIED 'AAiL Print your name address and ZIP Code # *`' t4SL ^ r,AM10E COVERAGE PROVIDED In the fpap `"9 t belOW ' j' + �' i �` ` } ,r} z "Sa;, '- St• S' t NOT '08 NTERNATICNAL ,MAIL Complete items 1 2, 3 and 4 on' ?'� ,r "' a + ,,,, ` S .`the reverse ( See Reverse kola 1t �z ' ) ,3 6, •Attach to front of amide If space `�� _F # yk �� v, r n1 l POrmits, Otherwise affix to hick of t ; � � srtida s Endorse article "Return Receipt ' ��', xx = Y ARTY FOR PRn �. u`'i tr _ Sta antl ZIP o. 1 F 'Requested adjacent to numbs. apt Y:°"a u �` * s �UN �, [1sE. 5300 s irtE�1`;; O � r yh�`soa�� s� a ,�` s#trt" a P ' RETURN "mot' -Print Se s game, address, and ZIP Code m the space below " • / _ \ �TQ .t�€' rw`! t 1 4' N e 5 3�` csta 3` r ya yy „ S "k S v 1_ 9 * t t x �p t xpS? � a r # El`ITL- , a S r �(ly Certified Fee * f t 1@� �+ �k * ,_v , . r rJT34$ �� nggp{ Special Delivery Fee i a. ? {4 13 t •3't .* •'t' "'t +' w�5:a,�'+: ° " ,y � M7� Restricted Delivery Fee gk+ .,. 'N - y{-�•E 4 ; . L y '� ,'u G -�`�` '� W Return Receipt showing j j'� " i �+ s r v spa A 4 to whom and Date+verea_� - � urn w Ret Recei pt:S�f?o Date. and Ad Bess f Deliv , ¢ .,l Ci - I.aRa3. + •�`�+& � R 'iS' - d' ,'ti.". .e,�r�„'r ' + 'i @ Li �.. '#• na5+!:�.0 i. y4a .__4�'�!'+C�'* 3 TOTAL Post' nd F p Postmark or � E G ` •o Vo 0 LL y a • SENDER: - Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this card from being returned to you The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box (es) for additional service(s) requested.' } 1 ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery. t j 3. Article Addressed to: 4. Article Number r s - Type of Service: wz� We5f ) ffr Registered insured c•' Certified COD ± Express Mail a 1 Always obtain signature of addressee or t.. 4 agent and DATE DELIVERED IV 5. Signature — Addressee 8. Addressee's Address (ONLY if , " X requested and fee paid) �i 6. Signature — Agent r ate of Delivery . i �� 28 h7WII _ PS Form 3811, Feb. 1986 DOMESTIC RETURN RECEIPT r Of Mt."V1,A1r STATE OF MINNESOTA L} DEPARTMENT OF AGRICULTURE 4T INSPECTOR'S NOTICE 0' AGA \L\� TO SERVE ON OCCUPANTS, OWNERS, AGENTS, OR PUBLIC OFFICIALS IN CHARGE OF WEED INFESTED LANDS DATE COUNTY TOWNSHIP 7. 7 _ _ Penne in i. it of pro 7'c 1 "`1 Ce; t- By Authority of Minnesota Statutes, 1976, Chapter 18, Notice is hereby given To -- I Minnesota , Occupant 6Z 36 'lest i% ­-r -0ad U:�a :t ? ar c ::: Br o'A -1_in rent-ir, 9N -34.:;.; Minnesota To , Owner to destroy or eradicate within 7 days from the date given above, all noxious weeds herein mentioned, located in and upon the following described land and in such manner as herein directed. KIND(S) OF WEEDS APPROXIMATE ACREAGE .sngtz of grass HOW TO DESTROY OR ERADICATE MCfr A71 O, LEGAL DESCRIPTION OF LAND TOWNSHIP SECTION SUBDIVISION RANGE LOT NUMBER BLOCK MUNICIPALITY P1� a- I19- 21--12_:J 19 Br•ooklvn C^nt; r INSPECTOR NAME (Print) WEED INSPECTOR FOR INSPECTOR.SIGNATURE INSPECTOR PHONE NO. i 612- til i d^ AG- 00178 -02 White — Serve on Occupant Yellow — Owner Green — Filed with statement of Costs Pink — Weed Inspector BROOKLYN CENTER, MN AUG. 15. 1988 CITY CLERK CITY OF BROOKLYN CENTER DEAR SIRS: This letter is in reference to the weed removal account of which I enclose a copy. I want to appeal hereby such bill for the following reasons: ,1- As soon as I received notice that my lawn was required to be mowed it was done. 2- It is very difficult to detect new growth of weeds on a daily basis since they sprout every day and grow so fast that the inspector may not find the mowing satisfactory three days after it was done. 3- I am being assessed a charge of $70.00 dollars for this disagreement and whoever mowed my lawn without any notice or atempt to notify me claim! to have worked 1h hours on my property and I never saw any evidence of that, and $70.00 dollars is totally out of proportion. If there are any disagreements between the City Weed Inspector and my hired help work, I would appreciate contacting me at 560 4051 or at 378 1088, before taking any action in the future. I know that noxious weeds can be a problem, I am trying to do my best to control it, but is nearly impossible to eliminate all weeds at all times and I am sure we can find better ways to work together on the ways we address the problem, hoping that is with reason and not with mindless bureaucracy. Sincerely, Ubal&o R a concerned citizen. CITY OF BROOKLYN CENTER Council Meeting Date 9/1 / 88 Agenda Item Number 7 REQUEST FOR COUNCIL CONSIDERATION IT �ESOLUTI01�7 1 AM$NDING RESOLUTION NO. 88 -146, CERTIFYING SPECIAL ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NUMBERS 1988 -05 (FRANCE AVENUE NORTH), 1988 -06 (LAKEBREEZE AVENUE NORTH), AND 1988 -07 (50TH AVENUE NORTH) TO THE HENNEPIN COUNTY TAX ROLLS DEPT. APPROVAL: i SY KNAPP DIRECTOR OF PUBLIC WO MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Past Action by City Council • On September 6, 1988, the City Council conducted a public hearing regarding proposed special assessments to be levied relating to the France Avenue North area improvements. The City Council adopted the assessment roll as proposed, except that consideration of the special assessment against one property owner (Mr. Talmage) was tabled pending receipt of a staff report. Staff Report Attached Attached hereto is a report prepared by City Engineer, Bo Spurrier, which provides a summary of the Engineering Division's contacts with Mr. Talmage and an explanation of our position regarding the items ,i concern expressed by Mr. Talmage at the public hearing. Staff Recommendation As noted in' the - City Engineer's report, it is recommended: 1. that the property owner again be advised to submit his claim for damages resulting from unauthorized entry to his property by the contractor; and 2. that the owner's request for installation of a driveway, or for credit reflecting the cost of installing a driveway, be denied. Council Action Required • 1. Adoption of a motion denying the request for an adjustment of the special assessment to this property P.I.D. 10- 118 -21 -13 -0006. 2. Adoption of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 88 -146, CERTIFYING SPECIAL ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NUMBERS 1988 -05 (FRANCE AVENUE NORTH), 1988 -06 (LAKEBREEZE AVENUE NORTH), AND 1988 -07 (50TH AVENUE NORTH) TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City Council adopted resolution 88 -146, Resolution Certifying Special Assessments for Street Improvement Project Numbers 1988 -05, 1988 -06, and 1988 -07 to the Hennepin County Tax Rolls, and the property owner of 5000 France Avenue North (PID 10- 118 -21 -13 -0006) objected to the assessment and the City Council tabled consideration of the assessment to this property until a detailed report could be prepared by City Staff, and WHEREAS, the City Staff has submitted a detailed report that indicates that the City's determination of the amount of the special assessment to the referenced property is both reasonable and valid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. Said assessment roll certified by Resolution No 88 -146 is hereby amended to include the special assessment to 5000 France Avenue North (PID 10- 118 -21 -13 -0006) which was tabled for further consideration. 2. The City Clerk shall add the before mentioned property to Special Assessment Roll No. 11072 and transmit the amended Special Assessment Roll to the Hennepin County Auditor and such assessment shall be collected and paid in the same manner as other municipal taxes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp Director of Public Works FROM: H. R. Spurrier City Engineer DATE: September 15, 1988 RE: Resolution Amending Resolution No. 88 -146, Certifying Special Assessments for Street Improvement Project Numbers 1988 -05 (France Avenue North), 1988 -06 (Lakebreeze Avenue North), and 1988 -07 (50th Avenue North) to the Hennepin County Tax Rolls Explanation On September 9, 1988, City Council tabled action on this assessment until City staff reported on issues raised by the property owner. Mr. James Talmage appeared at the public hearing relating to special assessments for the France Avenue area project. He had two complaints regarding the project. 1. The City's contractor had used Mr. Talmage's vacant lot at 50th and France Avenues North without permission and damaged the lot. 2. Mr. Talmage had requested a driveway apron for the same property on 50th Avenue but City staff refused to install one. The following comments are offered for consideration by the City Council: Contractor's Use and Damage of Lot When the contractor's paving crew was installing curb and forming aprons on 50th Avenue, Mr. Talmage stopped our inspector to request a curb cut and drive apron for the vacant lot at 50th Avenue and France Avenue. Mr. Talmage noted in that conversation that the contractor (Thomas and Sons, Inc.) was not authorized to park on the property and had damaged the lot. Mr. Talmage asked if the City had authorized the use and who was going to pay for the damage. Dave Anderson of my office advised Mr. Talmage that the City had not authorized the use. We gave orders to the contractor at the 1 Page Two September 15, 1988 preconstruction meeting that any use of private property requires permission from the property owner. Dave Anderson told Mr. Talmage that the contractor was responsible for repairing the damage. After receiving the complaint, Dave Anderson called the superintendent, Dan Thomas of Thomas and Sons, and told him to cease use or get permission from the owner. No other complaints or requests for restoration have been received. Based on the advice of our City Attorney, we believe it is the property owner's responsibility to pursue claims for damage such as this. We do advise the contractor to resolve these claims. The claims are normally resolved by the contractor or the contractor's insurance company. This week Dave Anderson called Mr. Talmage to determine whether Mr. Talmage had resolved this claim. The claim had not been resolved and so Dave explained how Mr. Talmage should submit a claim to the contractor and the contractor's insurance company so the claim can be resolved. Mr. Talmage stated that he would submit the claim. Driveway Apron at 50th and France Avenue Mr. Talmage requested a curb cut and driveway apron for the vacant R -4 zoned property on the northeast corner of 50th and France Avenues North. At my direction, Dave Anderson advised Mr. Talmage that a curb cut was not planned or proposed for that property. The only current use contemplated for the property was accessory off -site parking. I had reviewed the feasibility of accessory off -site parking with Ron Warren and concluded that it was inappropriate to facilitate such a use because of the severe limitations of the site. As the attached map (Exhibit A) illustrates, there are only four possible parking places feasible. Before those four spaces could be built, the property would have to be rezoned I -2, and the owner would be required to improve the lot to meet Zoning Ordinance requirements, including curb and gutter and surfacing of the parking area. There is a possible zoning problem related to the unauthorized use of this property. I am concerned that if we install the curb cut, problems with the property in question will be similar to the problems the City now has with the other accessory off -site parking lot that Mr. Talmage now uses (i.e. the NSP - owned property on the west side of France Avenue). We have expended a large amount of staff time working with Mr. Talmage to bring that NSP site into compliance with City code (see Exhibit B from Council information sheet for June 9, 1988, and Exhibit C copy of letter dated June 21, 1988). It is noted that, to date, Mr. Talmage has not followed up on development of a parking lot meeting City requirements on that NSP -owned property. Page Three September 15, 1988 Regarding the property in question, it was my belief that by not installing a curb cut we would be discouraging unauthorized use of this property as a parking lot. However, it is noted that a great deal of unauthorized use is being made, with cars entering from France Avenue. The zoning issue notwithstanding, there are problems related to installing curb cuts without site plans. It is unlikely that a curb cut could be placed where it would be needed, not to mention details of elevation and width. With all of the needed details unknown, it is more likely that the curb cut would not fit future plans and be removed and replaced. The proposed assessment for this property is $4,163.80. The amount has been calculated in accordance with the City policy and in accordance with the procedure outlined in the feasibility report for the project. The amount is reasonable and valid. Recommendation It is my recommendation that: 1. the property owner again be advised to submit his claim for damages to the contractor, and 2. the owner's request for installation of a driveway, or for a credit reflecting the cost of installing a driveway, be denied. Resp ctfully submitted, Approved for submittal, S urrier, Sy K app, City En ineer Director of Public Works t I E ' THIS PROPERTY IS ZONED R -1 i f I i o x'000 F.?Axucc 14 I w 2 Y W i Q v 2 m 2 I � ul LJ U i co ui t Q z �( a oQ c cn cr O \ — N Z = U u o 4 �ji a: F- I 0 o I �9 14 ,14� I Y 2 o ' w 3 I t I CIO GREEN SPACE REQUIRED M EXHIBIT A SHOWING MAXIMUM PARKING LOT WHICH COULD BE DEVELOPED ON PROPERTY, BASED ON ZONING REQUIREMENTS IF NOTE; ZONING ORINANCE REQUIREMENTS PROPERTY WAS REZONED FROM R -4 TO 1 -2 WOULD INCLUDE CONCRETE CURB & GUTTER, PAVING AND LANDSCAPING EXHIBIT B Page Two June 9, 1988 Wise Greenwald Petition The owner of Cass Screw Company, Dale Greenwald, has requested that the City complete curb and gutter work around the corner at France and 48th Avenue.. The owner requested that as much work be completed as possible. We evaluated future grade of 48th Avenue and determined that 220 feet of the south curb of 48th Avenue could be installed. The additional work would increase the area of direct benefit. In order to include the work at this point, a waiver of notices is required so the work can be included in the current contract. The proposed agreement provides that all additional costs will be recovered by increasing the amount of special assessments to be levied against this property. The work does not cause future problems on 48th Avenue and is funded by the increased assessment. It is feasible as proposed. RECOMMENDATION: City Council should adopt the attached resolution accepting petition and including curb and gutter work in the France Avenue North Reconstruction Project No. 1988 -05. J & M Talmage Agreement It has not been possible to resolve all of the issues related to parking for 3715 50th Avenue North, the Mikros Engineering, Inc. site. Parking has long been a problem for this site. In 1976 the City approved { conditions related to this site. The parking plan included 16 angle spaces along France Avenue and 7 spaces inside the building. This parking plan has not yet been finished by the property owner. Parking problems are now aggravated by construction of France Avenue because angle parking is not permitted on this MSA street. Off -site parking will resolve most of the parking problems. An unimproved lot on NSP property is now used by Mikros Engineering, Inc. Use of that lot is in violation of City Code because it is unimproved and because it is an off -site parking lot across what is defined as a major thoroughfare. The on -site parking does not meet the 15 foot setback requirements nor is any of the parking delineated with B612 curb and gutter. The property owner has agreed to meet the conditions listed below, but there is a Special Use Application and a possible variance application process that must .be completed before all of the terms of the parking agreement can be established. �I Page Three June 9, 1988 It is our opinion that issues related to the off -site parking will not change the layout of on -site parking. The on -site parking is related to the off -site parking only because of the number of required parking spaces. If the "foot print" of the building ever changes, on -site parking would become related to the off -site parking. z Below listed are 8 conditions related to the resolution of the parking problems at the Mikros Engineer, Inc. site. We are recommending that the property owner initiate the special use and possible permit variance process so that the conditions of an off -site parking agreement can be established. 1. The property owner will improve the on -site parking lot by adding B612 curb and gutter delineators around all parking. 2. The City will permit the property owner to open three drive entrances conforming to the attached plan. 3. The City acknowledges that the existing and proposed on -site parking does not meet the 15 foot setback requirement. 4. The property owner agrees to bring the parking into conformance with setback requirement if the exterior dimensions of the building are ever modified. 5. The property owner agrees to improve the parking lot on the NSP site to current City standards as soon as the property owner's agreement with NSP has been completed. 6. The City staff supports granting of a special use permit and a possible variance to use the NSP site. 7. The property owner will apply for the needed special use permit and site plan approval needed on the NSP site. 8. The City staff recommends that the site be released from a requirement to provide parking spaces inside the building after the off -site parking lot improvements have been made and the property owner has entered into an off -site parking agreement. RECOMMENDATION:' r 4 V'I'No action is needed at this time. ,. Lift Station No 6 Replacement - Joslyn Corporation Agreement As originally proposed, the lift station replacement would accommodate future flow from the Joslyn site. During the design phase of this project, representatives from Joslyn Corporation requested modifications to the lift station that would accommodate the flow from a pretreatment facility that treated water from a pumpout well system. Joslyn Corporation has agreed to pay all of the costs of the modification. That cost is $19,866. The payment can offset some of the cost of reconstructing Lift Station No. 6. EXHIBIT C CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 June 21, 1988 Mr. James Talmage 3715 50th Avenue North Brooklyn Center, MN 55429 Re: France v A enue Area Project Contract 1988 -H Dear Mr. Talmage: I have discussed the agreement covering parking on your site with our City Attorney, and we have concluded that other steps are necessary before the City can enter into an agreement related to your parking. All of the assurances that you need are rights that you have now. In other words, we have publicly agreed to be bound to the following conditions: 1. The City will permit the property owner to have three (3) drive entrances on France Avenue as shown on the drawing sheet g sh t numbered Sheet No. 18. 2. The City acknowledges that the existing parking on the west side of the building does not meet the 15 foot setback requirement. 3. The City will not take any action to force the owner to establish the proper 15 foot setback on France Avenue unless the owner changes the exterior dimensions of the building. g As previously discussed, City Staff, including Ron Warren, Director of Planning and Inspection, have agreed to support a special use permit and a possible variance to use the NSP site. City Staff also will recommend that the owner be released from any requirement to provide parking spaces inside the building, after the off -site parking lot improvements have been made and the owner has entered into an off -site parkin agreement. g City taff will take this g Y P and make those recommendations provided the owner is willing to take the following action: �cF numuunuan - ....... ......... . Mr. James Talmage Page Two June 21, 1988 1. The owner will improve the on -site parking lot by adding B612 curb and gutter delineators around all parking. (This is a condition of the October 4, 1976 site plan approval and is not yet in place.) 2. The owner will improve the parking lot on the NSP site to current City standards as soon as the owner can reach agreement with NSP. (This is a requirement of City Code. Cars cannot park on an unimproved parking lot). 3. The owner will apply for the needed special use permit and site plan approval for the off -site parking on the NSP site. (The owner is in violation of City Code because of the use of an off -site parking lot without a special use permit. The City annot let this use continue.) ) As you can see, it is too early to prepare agreements. While I don't bind the City, I presented these conditions to City Council and City Council accepted them and this approach to resolving the parking issues for your site. The place to start is for you to reach an agreement with NSP. We don't need a permanent agreement. We need an agreement. I believe all of this corresponds to the discussions we have had relative to your parking. From our view, the next step is yours. We cannot proceed until you reach an agreement with NSP and then apply for the special use permit. Please call if you have any questions relative to this letter. Please let me know if this resolves the matter to a point where you would execute the easements sent under separate cover. I can be reached at 561 -5440. Thank you for your attention to this matter. A u Sin rr ineer HRS :sr cc: Ron Warren, Director of Planning and Inspection File 1988 -07 CITY OF BROOKLYN CENTER Council Meeting Date 9 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING AGREEMENT WITH THE NORTHERN STATES POWER COMPANY TO INSTALL UNDERGROUND ELECTRICAL SERVICE TO NEW LIFT STATION NO. 6 LOCATED ON LAKEBREEZE AVENUE NEAR FRANCE AVENUE NORTH DEPT. APPROVAL: * * * * * * * * * * * * *N * *1 0R *0 ** P *B*** * * WOR * MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached History r On 6/13/88 the City Council adopted Resolution No. 88 -103 which accepted the bid and approved the contract for construction of the France Avenue area improvements and the Logan Avenue area improvements. That contract included the construction of a new Sanitary Sewer Lift Station No. 6 on Lakebreeze Avenue, near France Avenue North. The old lift station was served by unsightly overhead electrical service lines. Our current policy is to install underground electrical service lines to all lift stations. Under the City's franchise agreement with NSP, NSP is required to install such service lines (including wiring, "drop poles" and transformers), with reimbursement of the costs for that work by the City. Accordingly, our contract with the construction contractor provides that the City will make this service available, and that the contractor is responsible for making the connection to the transformer. We have received a service agreement from NSP for the cost of providing the new service required for Lift Station No. 6. The proposed cost is $7,053.00. Recommendation It is recommended that City Council approve the attached resolution approving the service agreement with NSP for electric service to on No g rvi Lift Station 6. • Member introduced the following resolution and moved its adoption: do RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH THE NORTHERN STATES POWER COMPANY TO INSTALL UNDERGROUND ELECTRICAL SERVICE TO NEW LIFT STATION NO. 6 LOCATED ON LAKEBREEZE AVENUE NEAR FRANCE AVENUE NORTH WHEREAS, the City of Brooklyn Center has constructed a new Lift Station No. 6, located on Lakebreeze Avenue North, near France Avenue North and the City Council has determined that it is necessary and desirable to replace the existing overhead electrical service lines with underground service lines; and WHEREAS, Northern States Power has submitted a proposal to furnish underground power to the new Lift Station No. 6 at a cost of $7,053.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal of Northern States Power, in the amount of $7,053.00, is hereby accepted. The City Manager is hereby authorized and directed to enter into a contract with said firm in that amount. 2. Payment for work completed under the contract shall be charged to the Public Utility Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9 /19/88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION �-- ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -F (REROOFING AND INSULATION OF THE CITY GARAGE, PROJECT NO. 1988 -03) DEPT. APPROVAL: * * * * * * * * * * * ** N P * DIRECTOR OF U W * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached History • On March 28, 1988, the City Council adopted Resolution No. 88 -46, awarding a contract for reroofing and insulation of the City Garage to Palmer West Construction Company, the low bidder, in the amount of $90,200 (the architect's estimated cost for this project was $110,600). During the course of construction, two change orders became necessary, i.e.: Change Order No. 1 included two items, i.e.: repairs needed at an abandoned roof opening ($300); and relocation of a contraction joint ($750.) Change Order No. 2 provided for redesign of the screening around the rooftop mechanical equipment. This was necessary because the architect's design was based on an "as- built" plan of the original construction which proved to be inaccurate as to truss locations. The additional cost for this work is $658. Work on this project is complete and we have received the 10 -year warranty required under the contract. It is noted that the contractor did some extra work items not required by the contract, to avoid major ponding areas on the flat roof not required by the specifications. This work was done by the contractor, at no additional charge to the City, to reduce their risks under the warranty. Council Action Required • Adoption of the attached resolution is recommended. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -F (REROOFING AND INSULATION OF THE CITY GARAGE, PROJECT NO. 1988 -03 WHEREAS, pursuant to written Contract 1988 -F signed with the City of Brooklyn Center, Minnesota, Palmer West Construction Company has satisfactorily completed the following improvement in accordance with said contract: Reroofing and insulation of the City Garage Improvement Project No. 1988 -03 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 $90,200.00 $90,200.00 Change Order No. 1 1,050.00 1,050.00 Change Order No. 2 658.00 658.00 $91,908.00 $91,908.00 2. The value of work performed is equal to the original contract amount plus approved change orders. 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 $91,908.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/19/88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT FOR PROJECT 1988 -14 (SIDEWALK REPAIR AT MISC. LOCATIONS) DEPT. APPROVAL: MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) This project was ordered and a contract for construction was awarded by Resolution 88 -131 on August 8, 1988. The contract was awarded on a "unit price" basis, and during construction it became necessary to replace several additional sidewalk panels and to replace more sod than originally estimated. This resulted in a cost overrun of $637.20. All work on the project Y)as now been completed. Recommendation Adoption of the attached resolution. q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT FOR PROJECT 1988 -14 (SIDEWALK REPAIR AT MISC. LOCATIONS) WHEREAS urs uant to a written p ri n contract signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction Inc. has satisfactorily completed the following improvement in accordance with said contract: REPLACEMENT OF CONCRETE SIDEWALKS AT MISCELLANEOUS LOCATIONS 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 $8,550.00 $9,187.20 2. The value of work performed is greater than the original contract amount plus approved change orders and supplemental agreements by $637.20 due to a general under estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $9,187.20. BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: 1. There is appropriated the sum of $637.20 for additional costs. 2. The appropriation will be financed by: MSA Fund (Fund Balance #2611) $ 9.187.20 TOTAL $ 9.187.20 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/19/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO PROVIDE FOR REPLACEMENT OF TRUCK HOIST AT CITY GARAGE AND ACCEPTING PROPOSAL THEREFORE DEPT. APPROVAL: 91 ; X, SY KNAPP ,- IRECTOR OF PUBLIC WOR MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) Explanation • At the City's Equipment Repair Garage there are two hoists which are in daily use. Both of these are original equipment which was installed at the time the garage was built in 1970 -71. During recent years these hoists have required increasingly frequent repairs. Also, the "saddles" on these hoists do not fit some of our newer equipment, causing problems in meeting OSHA safety standards. For these reasons, our 1989 budget request included an $18,423 request for replacement of both hoists. The City Manager's budget proposal to the City Council recommends approval of that request. Unfortunately, the larger of the two hoists developed a serious mechanical failure last week and it is estimated that the costs for repair would exceed $5000, while not correcting any of the deficiencies which were the basis of our recommendation to replace these units next year. Accordingly, we have requested and received proposals for the replacement of the failed hoist at this time. Those proposals are as follows: For A For A 36,000 lb. Capacity 43,000 lb. Capacity Supplier Hoist Hoist Northwest Service * Note : Only one proposal was received as Station Equipment Co. of 9/15/88. That proposal is less than the following estimates • Pump & Meter Service Inc. $11,000 ...... $12,800 A revised resolution will be submitted at the Council meeting. i It is noted that the existing hoist has a 36,000 pound rated capacity. By • replacing this with a 43,000 pound capacity we receive the following two benefits: 1. Three additional automotive units (i.e. - two tanden dump trucks and one fire truck) which exceed the 36,000 pound capacity could be serviced with the larger hoist; and 2. The larger hoist would provide a greater margin of safety for all functions. The 1989 budget request was based on an estimate we had received earlier for a 36,000 pound capacity hoist. At that time we were unaware of the fact that a higher capacity hoist could be installed without major reconstruction of the pit area (which would have greatly increased the cost). Since we are now aware that the additional capacity can be obtained for an additional ($1800 - estimated) *, it is our opinion that the benefits described above do justify that additional cost. Accordingly, we recommend acceptance of the low bid proposal for the 43,000 pound capacity hoist. Note The smaller 8000 pound capacity hoist which is used for automobiles and small trucks is still operational. Since we would want to keep that unit operational while the other unit is being replaced, there would be little or not cost savings by ordering both at the same time. Accordingly, it is recommended that the unit be funded in the 1989 budget, and that the work be done under a separate contract in 1989. • Recommendation Adoption of the proposed resolution which appropriates funds from the Capital Projects Fund balance and accepts the low bid. Note The Finance Department will recommend the appropriate adjustments to the 1989 budget proposal. Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION NO. 88 -158 RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO PROVIDE FOR REPLACEMENT OF TRUCK HOIST AT CITY GARAGE AND ACCEPTING PROPOSAL THEREFORE WHEREAS, the Director of Public Works has advised the City Council that the truck hoist at the City Garage has developed a mechanical failure which would be very expensive to repair and he recommends that the existing 36,000 pound capacity hoist be replaced with a new 43,000 pound capacity hoist which meets all OSHA requirements and is able to lift several automotive units which weigh more than the capacity of the existing hoist; and WHEREAS, replacement of this 18 -year old hoist had been proposed for the 1989 budget, but failure has occurred now and it is essential to have this unit operational in order to maintain a full level of service in the Equipment Maintenance Division; and WHEREAS, the City has established a Capital Projects Fund to provide funds and to account for the expenditure of such funds for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays; and WHEREAS, -:ie Director of Public Works has advised the City Council that the cost for furnishing and installation of a new 43,000 pound capacity hoist will be less than $15,000 and that he is in the process of obtaining proposals for this work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. A sum not to exceed $15,000 is hereby appropriated to the Government Buildings Division 19 of the General Fund from the Capital Projects Fund balance to fund the acquisition of a new truck hoist at the City Garage. 2. Upon receipt of two or more proposals to furnish and install a 43,000 pound hoist, the City Manager is hereby authorized and directed to enter into contract with the firm which submits the lowest cost proposal for that work, provided said proposal meets the requirements specified, and provided the total cost for said work is less than $15,000. i RESOLUTION NO. 88 -158 September 19, 1988 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ?RkLiMiNARY f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO PROVIDE FOR REPLACEMENT OF TRUCK HOIST AT CITY GARAGE AND ACCEPTING PROPOSAL THEREFORE WHEREAS, the Director of Public Works has advised the City Council that the truck hoist at the City Garage has developed a mechanical failure which would be very expensive to repair and he recommends that the existing 36,000 pound capacity hoist be replaced with a new 43,000 pound capacity hoist which meets all OSHA requirements and is able to lift several automotive units which weigh more than the capacity of the existing hoist; and WHEREAS, replacement of this 18 -year old hoist had been proposed for the 1989 budget, but failure has occurred now and it is essential to have this unit operational in order to maintain a full level of service in the Equipment Maintenance Division; and WHEREAS, the City has established a Capital Projects Fund to provide funds and to account for the expenditure of such funds for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays; and WHEREAS, the Director of Public Works has obtained the following proposals for the furnishing and installation of a new 43,000 pound capacity hoist. Bid Amount to Furnish and Install A Supplier 43,000 lb. Capacity Hoist Northwest Service Station Equipment Co. $ N /A* Pump and Meter Service Inc. $ N /A* NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The sum of $ N /A* is hereby appropriated to the Government Buildings Division 19 of the General Fund from the Capital Projects Fund balance to fund the acquisition of a new truck hoist at the City Garage. 2. The proposal submitted by N /A* to furnish and reinstall a 43,000 pound capacity hoist at a total cost of $ N /A* is hereby accepted. The City Manager is hereby authorized and directed to enter into contract with said firm in that amount for that work. RESOLUTION NO. *As noted in the attached report, the second proposal was not available at P P ro P the time this report was prepared. However, the cost will be less than our estimate of $12,800. A revised and completed resolution will be submitted to the City Council at the 9/19/88 Council meeting. Sy Knapp Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/19/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES DEPT. APPROVAL; MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached NO • 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. RECOMMENDATION It is recommended the council adopt the attached resolution. e Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 09/19/88) 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 PROPERTY ADDRESS TREE NUMBER CITY 5912 UPTON (PARK) 384 CITY 5912 UPTON (PARK) 385 CITY 5912 UPTON (PARK) 386 CITY BELLVUE PARK 387 CITY BELLVUE PARK 388 MILDRED BOLSTAD 5842 VINCENT AVE N 390 MILDRED BOLSTAD 5842 VINCENT AVE N 391 MAUDETTE CIHLAR 5901 UPTON AVE N 392 TARSIA KALWAY 3306 53RD AVE N 393 CITY NORTHPORT PARK 394 CITY NORTHPORT PARK 395 CITY NORTHPORT PARK 396 CITY NORTHPORT PARK 397 CITY NORTHPORT PARK 398 CITY NORTHPORT PARK 399 CITY NORTHPORT PARK 400 CITY NORTHPORT PARK 401 CITY NORTHPORT PARK 402 CITY NORTHPORT PARK 403 CITY NORTHPORT PARK 404 CITY NORTHPORT PARK 405 CITY NORTHPORT PARK 406 CITY NORTHPORT PARK 407 HOYT FULLER 5540 EMERSON AVE N 408 CITY GARDEN CITY PK 409 LOGAN HOWARD 7131 EWING AVE N 410 BEN & VELMA SUGIMURA 7124 FRANCE AVE N 411 EDWARD LABERDA 5427 MORGAN AVE N 412 . ELOY LINDMAN 5620 FREMONT AVE N 413 SUSAN HILLSDALE 5649 FREMONT AVE N 414 SUSAN HILLSDALE 5649 FREMONT AVE N 415 RUDOLPH OLSON 6505 BROOKLYN BLVD 416 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER ROGER /MARSHA DOKKEN 3818 BURQUEST LA 417 JOSEPH PESOTA 3807 61ST AVE N 418 DONALD LEOPOLD 6030 JUNE AVE N 419 BRUCE HENDRY 5501 LYNDALE AVE N 420 HERMAN SCHULTZ 4312 WINCHESTER LA 421 JAMES CAMPBELL 4318 WINCHESTER LA 422 RONALD SPAH 4501 KATHRENE DR 423 STEVEN /RENEE MCNALLY 5320 BRYANT AVE N 424 GORDON JOHNSON 5031 DREW AVE N 425 WM /LINDA BJERKE 3614 50TH AVE N 426 BRIAN /MARTA HUNT 1120 69TH AVE N 427 BRIAN /MARTA HUNT 1120 69TH AVE N 428 CHIPPEWA PK INVEST 6507 CAMDEN AVE N 429 PHYLLIS PLUMMER 6520 BROOKLYN BLVD 430 PETER ULMANIEC 5906 COLFAX AVE N 431 SEVENTY SIDNEY /7 -11 1901 57TH AVE N 432 COLLODORO /REKKEDAHL 6607 DREW AVE N 433 TIM /CHAR PETERSON 3624 VIOLET AVE N 434 RALPH CALLANDER 7019 PALMER LK DR W 435 CITY WEST PALMER LK PARK 436 CITY PALMER LK BASIN 437 CITY WEST PALMER LK PARK 438 CITY WEST PALMER LK PARK 439 CITY WEST PALMER LK PARK 440 CITY WEST PALMER LK PARK 441 CITY WEST PALMER LK PARK 442 CITY WEST PALMER LK PARK 443 CITY WEST PALMER LK PARK 444 JULIE HANSON 5331 MORGAN AVE N 445 JULIE HANSON 5331 MORGAN AVE N 446 RONALD /LEONA BALFANY 5500 FRANCE AVE N 447 THOMAS WILLIAMS 5200 FRANCE AVE N 448 AUDREY HANSEN 5214 DREW AVE N 449 AUDREY HANSEN 5214 DREW AVE N 450 JOHN /KATHLEEN BOONE 5813 PEARSON DR 451 JAMES DUMONCEAUX 6000 PEARSON DR 452 DONAVON CATTON 5930 PEARSON DR 453 TOM /SHERYL JOHNSON 5338 LOGAN AVE N 454 MARK /DEBRA DIAMOND 5700 HUMBOLDT AVE N 455 STATE OF MN RIVER RIDGE PK 456 STATE OF MN RIVER RIDGE PK 457 STATE OF MN RIVER RIDGE PK 458 STATE OF MN RIVER RIDGE PK 459 STATE OF MN RIVER RIDGE PK 460 JAMES LILLIGREN 5731 DREW AVE N 461 EUGENE/VELMA HAWKINS 5737 DREW AVE N 462 WILLIAM REGER 5800 EWING AVE N 463 ANTOINE POMERLEAU 5821 EWING AVE N 464 EDNA WEDIN 5826 EWING AVE N 465 SHIRLEY KETO 4300 WINCHESTER LA 466 RESOLUTION NO. 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. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against property. g p y gain the p perty. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded b P g g Y Y l e member , and upon vote bein g taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing ill be held on the 8th d of g Y August , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the parking of commercial vehicles. 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 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES 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 -700. OFF- STREET PARKING REQUIREMENTS. Off- street parking and loading space shall be provided in all districts in accordance with the requirements of this ordinance. There shall be no off - street parking, storage of vehicles nor perimeter parking lot driveway within 15 feet of any street right -of- way and this 15 foot strip shall be planted and maintained as a green strip. In the case of 01 and C1A districts, there shall be no off - street parking nor perimeter parking lot driveway within 35 feet of any major thoroughfare right -of -way and this 35 foot strip shall be planted and maintained as a green strip. [Off- street parking in any residence district may include not more than one commercial vehicle of 25 feet or less in length per dwelling unit if used by the occupant of the premises for transportation to and from his job. It shall be parked off the street on a space adequate for its storage as set forth in this section.] Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). lob CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of August , 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Nuisance Ordinance by declaring the parking of certain vehicles in residential zoning districts a public nuisance. ORDINANCE NO. Ali ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 12. The parking and /or storage of a construction vehicle, a farm vehicle or a vehicle with the weight classification G through T inclusive, as specified in Minnesota Statutes 1 8.013, Subd. le, continuously for more than two hours on any property or public street within a residential zoning district. The prohibitions of this subdivision shall not apply to the following: a) Any vehicle described above being used by a public utility, moving company, or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such pickup or delivery and in excess of the two hour limit shall be unlawful. r Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER council Meeting pate 9 -19 -88 Agenda Item Number �C REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** e ITEM DESCRIPTION: An Ordinance Amendment Amending Chapter 3 5 of the City Ordinances Regarding Requirements for Special Home Occupations Involving the Parking of Certain Vehicles DEPT. APPROV Signature - title Director o anni ng an nsp c i on * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached At the City Council's direction,I have drafted a possible ordinance amendment which is an attempt at addressing the dilemna involving the parking of trucks on residentially zoned property. The direction given was to consider the arkin of trucks as a special home occupation p g p on and to establ • ish various conditions which must be complied with. An ordinance amendment is offered for City Council consideration on Monday, September 19, 1988. It would establish as an acknowledged special use a home occupation involving the parking on R1 and R2 zoned property of no more than one vehicle with a weight classification of G through T inclusive. These vehicles would otherwise be prohibited from provisions proposed by a recommended en being parked ordinance e a amendment. property As special home occupation, such a situation would require the submission of a special use application; the review of the application based on the Standards for Special Use Permits contained in the Zoning Ordinance; and a public hearing on the matter being conducted by the Planning Commission and the City C ouncil. ouncil. The suggested ordinance would authorize the granting of a Special Use Permit by the City Council to allow certain truck parking provided the following conditions are met: 1. The parking would be on improved (blacktop or concrete ) space. 2. The vehicle is not parked in the front yard or a yard abutting a public street. 3. The vehicle must be completely screened by an opaque fence or wall. • 4. No servicing or repair of the vehicle, including minor repair and oil changing, could be performed on the property. 5. The vehicle would not be allowed to idle for more than ten minutes. Summary Explanation lanation Page 2 6. The City Council could establish other conditions that are reasonably related to the granting of the special use permit. I believe the City Council should give very careful consideration to the adoption of this ordinance and, in fact, I would not recommend the adoption of these regulations as a special home occupation. I do not believe this ordinance will solve the dilemna currently facing the City Council. It is true that the ordinance would permit the City Council to allow the parking of restricted vehicles on certain residential property under certain circumstances which would seem to meet the concerns expressed by the two truckers who park their semi - tractors at their homes in the Fremont /Emerson area where neighbors do not seem to object to the situation. These provisions, however, would not really address what I believe to be the basic objections of the residents on Quail Avenue who appeared at the last City Council Open Forum, that being that they believe the operation and parking of a truck in their neighborhood should be prohibited. If the ordinance provisions are adopted and the City Council finds the parking of trucks consistent with the Standards for Special Use Permits as in the case of the truckers in the Fremont /Emerson area, it will make it extremely difficult to deny a similar request in the Quail Avenue situation. The only difference I see between the two situations is that the neighbors in one area (Fremont /Emerson) apparently do not object to the truck parking, while the neighbors in the other area (Quail Avenue) do. This makes for some serious "equal protection" issues that the City might be faced with. The City cannot deny a special use permit solely on the basis that neighbors are opposed. It may also be difficult for the City to show that the ® Standards for a Special Use Permit are met in one case, but not the other. The Council may wish to seek further elaboration on this point from the City Attorney. I also do not see anything to be gained by forcing public hearing situations where neighbors may be of the opinion that the City Council can deny these requests solely on the basis of neighborhood opposition. I believe the City Council is well aware of some of the problems these situations create such as with controversial special home occupations, group homes and kennel licenses. I don't believe it is possible to satisfy both of the opinions expressed so far regarding the parking of certain trucks on residential property. The Council's options seem to be as follows: 1. Totally prohibit the parking of trucks with a weight classification of G through T as proposed by the nuisance ordinance amendment. 2. Allow truck parking in residential areas along the lines of the existing ordinance which allows trucks of 25' or less. 3• Adopt provisions that allow truck parking as a special use permit home occupation (not recommended as mentioned above). 4. Further amend the Nuisance Ordinance (not the Zoning Ordinance Home Occupations) to allow exceptions to the nuisance provisions where certain conditions such as screening, parking on improved • space, restricted parking in certain yard areas, no servicing or repairing of vehicles, limited idling time, and /or other conditions which the Council might want to add to the ordinance. Again, none of the above options totally satisfies the two divergent opinions expressed thus far. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1988 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 regarding requirements for special home occupations involving the parking of certain vehicles. 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 P,1`IMING CHAPTER 35 OF THE CITY ORDINANCES REGARDING REQUIREMENTS FOR SPECIAL HOLE OCCUPATIONS INVOLVING THE PARKING OF CERTAIN VEHICLES Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -406. ADDITIONAL REQUIREMTENTS FOR SPECIAL HOME OCCUPATIONS: 10. A special home occupation may include the parking of no more than one vehicle with a weight class ification G through T inclusive, as specified in Minnesota Statutes 1 8.013, Subdivision 1 e, provided the following conditions are met: 0 a) the vehicle shall be parked off - street on an improved parking surface of blacktop or concrete; b) the vehicle may not be parked in a front yard or a yard abutting a public street; c) the vehicle must be screened from view by an opaque fence or wall of sufficient height so that the vehicle is not visible from the public street or abutting residential properties at ground level; d) the vehicle may only be parked on the property for which the City Council has granted a special use permit and no servicing or repairing (including minor repair and oil changing) of the vehicle may be done on the property; e) the vehicle may not be allowed to idle for more than 10 minutes; f) compliance with any other conditions imposed by the City Council. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDI14ANCE NO. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). j t l MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 8, 1988 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Wallace Bernards, and Bertil Johnson. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, EDA Coordinator Brad Hoffman and Recording Secretary Mary Lou Larsen. Chairman Lucht noted that Commissioners Lowell Ainas and Mike Nelson could not attend this evening's meeting and were excused. ADMINISTER OATH OF OFFICE The Secretary administered the oath of office of Planning Commissioner to Ellamae Sander. He stated she will replace Commissioner Ann Wallerstedt and complete her term of office. APPROVAL OF MINUTES - AUGUST 11, 1988 Motion by Commissioner Malecki seconded by Commissioner Bernards to approve the minutes of the August 11, 1988 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, and Bernards. Not voting: Commissioners Sander and Johnson as they did not attend that meeting. APPLICATION NOS.88010 AND 88011 (Minnesota State High School League and Beisner Ltd.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct a headquarters office building for the Minnesota State High School League. He stated there is also a companion application for preliminary registered land survey approval. He reviewed the staff reports (see Planning Commission Information Sheets for Application Nos. 88010 and 88011 attached). He stated there is a public hearing required on each application, the proper notices have been sent and the applicant is present to answer questions. The Secretary called the Commission's attention to the addendum to Applicaiton No. 88010 revising Condition No. 14 to include a proof -of- parking plan. He explained that Condition No. 15 could be eliminated as the applicant submitted revised plans for this evening's meeting. He asked the City Engineer if the Watershed Management Commission had approved these applications. The City Engineer responded in the affirmative. A discussion ensued regarding access to the site. Commissioner Johnson asked who Parkway Circle belongs to. The Secretary explained that Parkway Circle is a private roadway with all of the owners of the buildings participating in that ownership. Commissioner Johnson asked if this is a permanent access. The Secretary stated that it is a permanent access and there are documents stipulating right of access and maintenance responsibility for all participants. Commissioner Bernards inquired if there are two accesses and if there will be a problem with having an access from Freeway Boulevard. The Secretary responded that there should be no problem, but it might be advisable to have a stop sign in that area. 9 -8-88 -1- t Chairman Lucht asked the applicant if he had anything to add. John Bartz, Assistant Director of the Minnesota State High School League, explained that there would be no significant traffic impact generated by this office building. He stated they will have 17 employees and board meetings will take place eight times during the year with no more than 21 people attending. Al Beisner, developer for the project, stated that 90% will exit out the back door onto Parkway Circle which should eliminate congestion on Freeway Boulevard. PUBLIC HEARING (Application Nos. 88010 and 88011) Chairman Lucht opened the meeting for a public hearing and asked if anyone present wished to speak. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Malecki to close the public hearing on the special use permit comprehended under Application No. 88010 and the preliminary registered land survey comprehended by Application No. 88011. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. Commissioner Sander asked if there are any development proposals for Tract B. Al Beisner, developer for the project, answered that there is nothing definite at the present time. The Secretary explained there have been proposals discussed previously, but they are inappropriate uses for the area. He stated that an ordinance amendment is being drafted to affect this property that will discourage these inappropriate uses. Mr. Beisner stated he is in agreement with the ordinance amendment. Commissioner Bernards stated he is happy to see the Minnesota State High School League office being built in Brooklyn Center as it will be good for the community. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88010 (Minnesota State High School League) Motion by Commissioner Bernards seconded by Commissioner Malecki to recommend approval of Application No. 88010 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9 -8-88 -2- 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. The applicant shall execute a cross access agreement for shared access across the Holiday Inn property to the west prior to the issuance of permits. 14. The applicant shall enter into a declaration of covenants to provide for 21 additional parking stalls based on an approved proof -of parking plan, said plan to be installed upon a determination by the City that such stalls are necessary for the proper functioning of the site. 15. The special use permit is subject to all applicable codes, ordinances and regulations. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. ACTION RECOM OF_APPLICATION NO. 88011 (Qeisner Ltd.) Motion by Commissioner Malecki seconded by Commissioner Johnson to recommend approval of Application No. 88011 subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the property shall enter into a Subdivision Agreement stipulating responsibility for extension of sanitary sewer to the proposed Tract B and installation of curb and gutter along the south side of Parkway Circle. It shall also stipulate responsibility for construction of storm drainage facilities to serve both Tract A and Tract B including construction of a detention pond on Tract A. The agreement shall be accompanied by a financial guarantee to assure completion of required improvements. Also included in the Subdivision Agreement shall be easement documents for drainage and utilities. 9 -8-88 —3— Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. APPLICATION NO. 88012 (Dean Arnott) The Secretary introduced the next item of business, a request for special use permit approval to conduct a psychological counseling business in the basement of the residence located at 3312 0 Henry Road. He reviewed the staff report (see Planning Commission Information Sheet for Application No. 88012 attached). The Secretary stated there is a public hearing required with this application, that proper notices have been sent to surrounding property owners and the applicant is present to answer any questions. Chairman Lucht asked for clarification of the driveway size. The Secretary stated he was not sure of the actual dimensions, but it is a double wide driveway. The applicant, Dean Arnott, stated he was not sure, but it could accommodate approximately 3 112 cars in length. Commissioner Malecki asked Mr. Arnott what types of people he intended to counsel. Mr. Arnott responded that it would be counseling for people with marital problems and also parent -child counseling. Jack Blackorbay, 330101 Henry Road, stated he objects to the counseling business in a residential neighborhood especially if it is 13 hours a day. He added that this is a residential zoning district and that no businesses of any kind should be allowed. Frank Fignar, 3312 0' Henry Road. stated he has lived in Brooklyn Center for 30 years and at the time the property was platted in 1958 there were certain restrictions or covenants placed on the use of the property in the Garden City subdivision. He noted that these covenants do not say that a business can be conducted in these areas. He stated he and his wife object to any home occupation in their neighborhood. Commissioner Malecki asked if the covenant specifically prohibits home businesses. Mr. Fignar stated that the covenant specifies what type of dwelling is allowed. Chairman Lucht noted that any home occupation must be incidental and not the primary use of the property. The Secretary stated home occupation approval allows an applicant to operate a business from his home on a limited basis. He explained that the ordinance requires the home occupation to be incidental to the use of the dwelling, the owner must live at the residence and no outside employee is to be permitted with this application. He noted no outside employee is requested at this time, however, a maximum of one nonresident employee could be allowed as a special home occupation. The Secretary explained that the residential use has to continue as the primary use, but as long as the Standards for Special Use Permits are met,the City is not in a position to deny the permit only on the basis that neighbors object to it. The City must conclude that the Standards for a Special Use Permit have not been met. Mr. Arnott stated he is new in the counseling business, his sessions would last about 15 minutes, would not be continuous and would not last beyond 8:00 p.m. He stated he plans to seek professional office space as soon as it is economically feasible. The Secretary asked how long he intended to conduct the business from his home. Mr. Arnott responded it would be approximately 1 year. 9 -18 -88 -4- I Chairman Lucht asked how large an area Garden City encompasses. The Secretary explained the boundaries for the Garden City Addition. Chairman Lucht inquired as to how many home occupations are in that area. Jack Blackorbay responded that there have been two or three businesses for several years. Randy Blackorbay, a resident of Brooklyn Park, stated he formerly lived in Brooklyn Center. He stated he planned to move back to Brooklyn Center and would also object to a home occupation of this kind. Jack Blackorbay stated he and most of his neighbors have lived in the area for 25 years. He added the area is a residential neighborhood and should remain that way. He asked how many objecting people it takes to have a home occupation denied. Chairman Lucht asked Jack Blackorbay what he felt would cause a problem. Mr. Blackorbay stated noise and a danger to small children in the neighborhood. The Secretary stated there will be no group sessions and questioned what noise or danger the proposed home occupation would produce. Mr. Blackorbay stated the applicant indicated whole families would be involved. The Secretary urther explained he f the City living b established y p ed t importance o e ty g y ordinances for home occupations and the fact that the City has little ability to deny an application of this kind. He noted that beauty shops which have greater traffic impacts than the proposed application have been permitted as special home occupations. Mr. Fignar stated traffic is heavy on O'Henry Road. The Secretary noted that home occupations are granted if the proposed use is an incidental use of the property, if the applicant lives on the premises, no noise, odor, vibrations, light glare are present to exclude it and the applicants abide by any other reasonable conditions imposed on the use. Mr. Blackorbay asked if the applicant bought the property to conduct the counseling business. Mr. Arnott stated he did not and that he gets his referrals from ministers with more severe problems referred to the appropriate programs. Chairman Lucht asked if anyone else wished to be heard. Hearing no one he asked for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sander to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO.88012 Following further discussion on this application, there was a motion by Commissioner Sander seconded by Commissioner Malecki to recommend approval of Application No. 88012 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. The hours of operation shall be from 8:00 a.m. to 9:00 p.m. Services shall be rendered on an appointment only basis. 4. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 9 -8 -88 -5- I 5. The counseling area shall be inspected by the Building Official prior to issuance of the special use permit. The applicant shall comply with any recommendations of the Building Official prior to issuance of the permit. 6. Any separate entrance to the lower level shall be constructed with appropriate permits. The City does not acknowledge by the approval of such a permit the creation of a second dwelling unit within the premises. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. Commissioner Johnson asked how an ordinance can be changed. The Secretary stated staff can be directed by the Planning Commission or City Council to draft an ordinance amendment, but it should be understood that the ordinance in question evolved over a number of years. APPLICATION NO. 88013 (Richard Whitley) The Secretary introduced the next item of business, a request for preliminary plat approval to subdivide into two lots the parcel of land at 5403 Bryant Avenue North. He reviewed the staff report (see Planning Commission Information Sheet for Application No. 88013 attached). The Secretary stated a public hearing is scheduled, the proper notices have been sent and the applicant is present to answer any questions the Commission may have. Commissioner Bernards asked for clarification of the property lines. The Secretary stated there is a discrepancy in the property lines as shown on the half - section maps from the County which show the depth of the existing lot to be approximately 105'. It is believed that there is a measuring area based on the legal descriptions (which are metes and bounds descriptions) and that the lots lying westerly of this subdivision are measured from the centerline of Colfax Avenue North which would leave the lot in question with a depth of 136 The surveyor preparing this plat has indicated that the depth of the Whitley lot is 1361. He noted that the County surveyor will have to resolve this matter at the time the plat is filed. He added that half- section maps have contained errors in the past. Chairman Lucht asked the applicant, Richard Whitley, if he had anything to add. Mr. Whitley stated he had nothing further to add. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sander to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88013 (Richard Whitley) Motion by Commissioner Malecki seconded by Commissioner Bernards to approve Application No. 88013 subject to the following conditions: 9 -8 -88 -6- I 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a Subdivision Agreement stipulating responsibility for extension of standard residential water service to the proposed Lot 2. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. APPLICATION NO. 88014 (Target Stores) The Secretary introduced the last item of business, a request for site and building plan approval to construct a 13,650 sq. ft. stockroom addition to the Target store at 6100 Shingle Creek Parkway. He reviewed the staff report (see Planning Commission Information Sheet for Application No. 88014 attached). The Secretary stated at present materials are being stacked higher than permitted for fire sprinkler requirements and has been inspected by both the Building Official and the Fire Chief who have ordered corrections which the applicants are making. A discussion ensued regarding parking. The Secretary stated when the new stockroom addition is completed the employee parking lot will be relocated to the back of the building and the need for trailers being parked on the lot should be eliminated as more materials can be stored inside the building. He noted that some kind of protection, such as a wheel stop, should be provided on the north side of the new addition to prevent vehicles from running into the building. Chairman Lucht asked the applicant if he wished to speak. The architect, Ed Oathout, stated Target is willing to comply with the conditions listed in the staff report. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88014 (Target) Motion by Commissioner Malecki seconed by Commissioner to recommend approval of Application No. 88014 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. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 9 -8-88 -7- 7. The applicant shall execute a restrictive covenant limiting the use of the existing and proposed stockrooms to warehouse use only undercurrent or new ownership. Said restrictive covenant shall be filed with the title to the property at the County prior to the issuance of permits. 8. The yard limit agreement prohibiting structures within 60' of the building shall be revised to reflect the proposed stockroom expansion prior to the issuance of permits. 9. The plans shall be revised prior to consideration by the City Council to indicate a minimum 4' high masonry wall screening the newly designated cart storage area. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. DISCUSSION ITEM a) Preview of the Earle Brown Farm Development The EDA Coordinator, gave a presentation and showed drawings of the proposed restoration of the Earle Brown Farm. He stated a formal site plan will be available in October and be before the Planning Commission for review. He explained the City acquired the Earle Brown Farm approximately 3 years ago and the restoration will be done in stages. He stated the Farm is a State Historic Site. The EDA Coordinator then explained the proposed uses of the existing buildings. He stated the hippodrome will be used for multiple purposes such as trade shows, banquets, and museum and will be able to seat approximately 850 people; the stable will be used for office space for adminstration, and possibly for the Bureau of Tourism, the Chamber of Commerce and a small restaurant; the bunkhouse will be used for storage; the housing complex will serve as a bed and breakfast facility and the porch may serve small private lunches. He stated there are several land use issues involved such as parking (400 to 450 spaces are needed) and traffic generation on evening and weekends. The Secretary explained the distribution of parking and noted that all uses will not be operating at the same time. He stated if there is a parking demand, a ramp may be needed in the future. Commissioner Bernards asked how long the tax increment program will be in place. The EDA Coordinator responded approximately 17 years, but could go up to 25 yeara. Commissioner Bernards asked what kind of schedule is planned. The EDA Coordinator stated January 1, 1989 is a tentative starting date, bed /breakfast facility available in July or August and other areas in late 1989 or early 1990. Commissioner Sander asked what size the restaurant will be. The EDA Coordinator stated it will have approximately 120 seats. ADJOURNMENT Motion by Commissioner Malecki seconded by Commissioner Bernards to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:55 p.m. Chairman 9 -8-88 -8- I Planning Commission Information Sheet Application No. 88010 Applicant: Minnesota State High School League Location: 2100 Freeway Boulevard (approximate) Request: Site and Building Plan /Special Use Permit The applicant requests site and building plan and special use permit approval to construct a headquarters office building immediately east of the Holiday Inn on the north side of Freeway Boulevard. The property in question is zoned I -1 and is bounded on the north by Parkway Circle (a private access drive serving the buildings in the area north of Freeway Boulevard and west of Shingle Creek Parkway), on the east by vacant I -1 zoned land, on the south by Freeway Boulevard and on the west by the Holiday Inn. Office buildings are special uses in the I -1 zoning district. Access /Parking The High School League site will have no separate access off Freeway Boulevard, but instead will gain access through the Holiday Inn driveway to the west. This is much preferred as it limits the number of driveway openings onto Freeway Boulevard and will preserve the offsets to the accesses at the LaCasita restaurant across the street. A cross access agreement must be executed prior to issuance of building permits. There will also be an access onto Parkway Circle to the north. The plan provides for 82 parking spaces to the west and north of the building. This is enough parking for 15,033 sq. ft. of office space and 5,467 sq. ft. of storage space. The building is two floors at approximately 10,250 sq. ft. per floor. The plan calls for the entire upper floor and a portion of the lower floor to be utilized as office. The remainder of the lower floor is to be used for storage. Absent a proof -of- parking plan for at least 103 total parking spaces, the applicant will have to enter into a covenant restricting the use of the lower level of the building to approximately one -half storage use and one -half office use. Landscaping The plan calls for five shade trees, two Summit Ash near Parkway Circle and three Sugar Maple near the northwest corner of the building. Seven Norway Pine are scheduled in the greenstrip to the east of the north parking lot. The plan also calls for 10 Andorra Juniper and eight Golden Mockorange to be located southwest of the building near the main entrance drive leading from the Holiday Inn site. Two Amur Maples are scheduled around the Summit Ash at the northwest corner of the site. The total point value of the plantings under the landscape point system is 104 points. Since this development is an office development on a 1.49 acre site, the point system calls for 149 points. The project architect has indicated that more plantings will be shown on plans to be available at the Planning Commission meeting. In addition to the plantings,, it should be noted that the plans call for a terraced light well along the east side of the building. The plan calls for Crown Vetch on the terrace. Sod will be provided in other lawn areas and the site will be served by underground irrigation as required by ordinance. Gradin g, Drainage, e Utilities The grading and drainage plan provides for drainage to break in the middle of the northerly parking lot toward catch basins on either side of the lot. Drainage will break in front of the building partly toward a catch basin and partly down the access drive. The entrance drive is fairly steep, reaching 7% in its central section. The main floor of the building is set at 853' 10" and pedestrians will enter the building on this upper level. The ground will recede fairly steeply from this level 9 -8 -88 _1_ Application No. 88010 continued on the west and south sides of the building. Drainage from the site will be conveyed via storm sewer to a detention pond to be located at the southeast corner of the vacant parcel to the east (see Application No. 88011) . The detention pond must have the capacity to serve both sites and must be approved by the Shingle Creek Watershed Management Commission. The water connection will be at the west property line off the water service to the Holiday Inn. No separate fire line has been indicated. The plans call for a combined 6 domestic, fire and irrigation service. The sanitary sewer service will be to the south of the building off an extension of the line serving the Holiday Inn. That sanitary sewer line must be extended to the vacant tract to the east so that that parcel also may be served by that sewer line. Building The building elevation will be primarily brick with metal panels above the main floor windows on the west, south and east elevations. The main access to the building will be on the west side. There will be a service entrance on the north side of the building. The driving lane in front of that entrance will be extra wide to accommodate an occasional truck making deliveries. The elevation of the lower level will be 841' 10 ". This is below the 100 year flood elevation for Shingle Creek, but since this property is outside of the 100 year flood plain, it need not comply with flood plain regulations. Since it is expected that there will be a fair amount of pedestrian traffic between the High School League offices and the Holiday Inn, a concrete walk with steps is proposed through the common greenstrip area, west of the building. The sidewalk will be lined up with the main entrance to the building. Lighting /Trash Outside lighting provisions have not been clearly indicated on the plans. Also no space has been indicated for an outside trash enclosure. No outside trash enclosure may be contemplated at this time. However, the standard conditions clearly call for screening in the event outside trash disposal facilities are used. Special Use Standards) This office development is one of the first pure office developments in the I -1 zone north of the freeway. The Target audit division in the RCM Plaza building north of this site is another such office development though it was not originally planned as such. Likewise with the Salvation Army offices to the west. The Minnesota State High School League office is considered to be very compatible and complementary with the hotel development in the area inasmuchas it will draw travelers from around the state on a regular basis. As to traffic impact, the proposed office is consistent with the probable development scenario in the traffic study done by Short- Elliott- Hendrickson in 1985. And the design of the shared access off Freeway Boulevard with the Holiday Inn will prevent confusion and congestion in Freeway Boulevard which might result if there were two separate driveways so close to each other. Recommendation In general, t e plans appear to be in order and approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 9 -8-88 -2- Application No. 88010 continued 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. The applicant shall execute a cross access agreement for shared access across the Holiday Inn property to the west prior to the issuance of permits. 14. The applicant shall execute a legal covenant restricting the use of the lower floor of the building to one -half storage use and one -half office use unless and until a proof -of- parking plan and agreement is executed for provision of at least 103 parking stalls on the site. The restrictive covenant shall be subject to review and approval by the City Attorney and be filed with the title to the property at the County prior to the issuance of permits. 9 -8-88 -3- Application No. 88010 continued 15. The plans shall be modified prior to consideration by the City Council in the following respects: a) The landscape plan shall show the sizes of plantings and a sufficient quantity to reach 149 points under the landscape point system. b) The site plan shall clearly indicate provisions for outside lighting. c) The floor plans for the lower level shall indicate the sizes of the various rooms and what their use shall be. 16. The special use permit is subject to all applicable codes, ordinances and regulations. 9 -8-88 -4- Planning Commission Information Sheet Application: 88011 Applicant: Beisner Ltd. Location: Northwest corner of Shingle Creek Parkway and Freeway Boulevard Request: Preliminary R.L.S. The applicant requests preliminary R.L.S. approval to subdivide into two tracts the vacant parcel of land at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. The land in question is zoned I -1 and is bounded on the north by the Parkway Place building and the central parking lot serving this area, on the east by Shingle Creek Parkway, on the south by Freeway Boulevard, and on the west by the Holiday Inn. The division is proposed to create a parcel for the Minnesota State High School League (MSHSL) headquarters building. The MSHSL parcel (Tract A) will be on the westerly side of the existing 5.6 acre parcel and will comprise 1.49 acres. The balance of the parcel (Tract B) will comprise 4.12 acres. The existing legal description of the parcel is Tract A, R.L.S. No. 1602. The proposed division would keep ll land devoted to Parkway Circle in the existing e ti P Y g parcel within the larger proposed Tract B, including a strip of land north of the MSHSL site on Tract A. The south edge of Parkway Circle presently has a rolled bituminous curb. Since this section of Parkway Circle will remain in Tract B, it should be the responsibility of the owner of Tract B to upgrade that curb to B612 concrete curb and gutter. Staff recommend that a condition be attached to approval of the preliminary R.L.S. that the owner enter into a subdivision agreement with a supporting financial guarantee to assure completion of the curb and gutter along the south side of Parkway Circle. This work should be completed along with the MSHSL project. Drainage for the entire R.L.S. is subject to review and approval by the Shingle Creek Watershed Management Commission. The drainage from Tract A will be conveyed via storm sewer to a detentionn pond in the southeast corner of Tract B. An easement for storm sewer must, therefore, be dedicated on Tract B. A document dedicating the pondin area must be filed with the R.L.S. the County. Co sel Tract B will g . at Conversely, a 11 gain sanitary sewer service from an extension of sanitary sewer in Tract A. The applicant must enter into a subdivision agreement stipulating an extension of sanitary sewer service through Tract A to Tract B. The sanitary sewer extension is needed because the sewer line in Freeway Boulevard is small and is constricted in the segment between Humboldt and Dupont Avenues North. Both Tracts A and B will gain sanitary sewer service via a separate line serving the Holiday Inn and traveling westward. Altogether, the R. L.S. appears to be in order and approval is recommended, subject to at least the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 9 -8 -88 _1_ Application No. 88011 continued 3. The owner of the property shall enter into a Subdivision Agreement stipulating responsibility for extension of sanitary sewer to the proposed Tract B and installation of curb and gutter along the south side of Parkway Circle. It shall also stipulate responsibility for construction of storm drainage facilities to serve both Tract A and Tract B including construction of a detention pond on Tract A. The agreement shall be accompanied by a financial guarantee to assure completion of required improvements. Also included in the Subdivision Agreement shall be easement documents for drainage and utilities. I I I 9-8-88 —2— Planning Commission Information Sheet Application No. 88012 Applicant: Dean Arnott Location: 3313 O'Henry Road Request: Special Use Permit (Home Occupation) The applicant requests special use permit approval to conduct a psychological counseling business in his home at 3313 0' Henry Road. The house in question is the second one east of Beard Avenue North and is bounded on the north by O'Henry Road, and on the east, south and west by single- family homes. The property is zoned Rl and a psychological counseling business is considered a special home occupation because of the customer traffic associated with it. The applicant has submitted a brief letter (attached) outlining various aspects of his home occupation. The letter states the business will occupy two rooms in the basement, each 9' x 12 The hours of operation will be 8:00 a.m. to 9:00 p.m. depending on client and counselor availability. The letter notes there is a double wide driveway plus on- street parking in front of the house. There will be no outside employee. The means of ingress and egress are the same - up and down the basement steps and out the front or back door of the house. A fire and smoke alarm is present in the basement counseling area. There is also one fire extinguisher in the basement. Mr. Arnott expects to have one sign of 2.5 square feet. He concludes by stating that state licensure is not required, but that he is seeking it anyway. The main concern we see with this application is on- street parking. On- street parking can be comprehended for special home occupations, but has not been approved for any in the past five years. It would not seem necessary to have on- street parking except in the case of group sessions. A two -car wide driveway should be adequate for this business, allowing for one client to be seen and one waiting at the same time without parking in tandem. The applicant also mentions in his letter the possibility of creating a separate entrance to the lower level at some time. While this may make it safer and more convenient for clients, we are concerned that a separate entrance could lead someday to the creation of a duplex with a second dwelling unit in the lower level. Any permit approving a separate entrance to the lower level should clearly indicate that no separate dwelling unit is acknowledged thereby. In general, the proposed home occupation complies with City ordinances and approval is recommended, subject to at least the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. The hours of operation shall be from 8:00 a.m. to 9:00 p.m. Services shall be rendered on an appointment only basis. 4. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 9 -8-88 -1- Application No. 88012 continued 5. The counseling area shall be inspected by the Building Official prior to issuance of the special use permit. The applicant shall comply with any recommendations of the Building Official prior to issuance of the permit. 6. Any separate entrance to the lower level shall be constructed with appropriate permits. The City does not acknowledge by the approval of such a permit the creation of a second dwelling unit within the premises. 9 -8-88 -2- Planning Commission Information Sheet Application No. 88013 Applicant: Richard Whitley Location: 5403 Bryant Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the parcel of land at 5403 Bryant Avenue North. The land in question is zoned R2 and is bounded on the east by Bryant Avenue North, and on the south, west and north by single- family homes. The purpose of the subdivision is to create a new, buildable, single- family lot to the south of 5403 Bryant Avenue North which is an existing single - family home. The Whitley's own the home to the south and recently subdivided to create the lot they presently live on. Accordingly, the proposed plat name is Whitley's 2nd Addition. The existing legal description of the property is "Lot 5, Block 4, Bellevue Acres, Hennepin County, Minn., except the west 165 feet thereof ..." It is a metes and bounds description of a portion of a larger underlying parcel. The half section maps from the County calculate the west 165' from the easterly right -of way line of Colfax and leave only about 105' of depth to this lot. However, the underlying parcel extended to the middle of Colfax Avenue North and if the westerly 165' is calculated from that location, a 136' deep lot results. The surveyor has chosen the latter interpretation which is necessary for this subdivision since with only 105' depth, there would be insufficient land for two single- family lots. The County Surveyor will have to resolve this issue at the time the plat is filed at the County. The existing lot is 125.78' wide by 136.22' deep. The lot is being divided in the following manner: Lot Width Depth Area Status Lot 1 60' 136.22' 8,173 s.f. Occupied Lot 2 65.78' 136.22' 8,961 s.f. Vacant Required 60' 110' 7,600 s.f. There is an existing sanitary sewer service, but not an existing water service for the proposed Lot 2. A condition of preliminary plat approval must be the execution of a subdivision agreement stipulating responsibility for extension of the water service. The plat calls for, but does not show utility and drainage easements along the front (10 and rear (51) property lines. Altogether, the proposed plat appears to be in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a Subdivision Agreement stipulating responsibility for extension of a standard residential water service to the proposed Lot 2. 9 -8 -88 Planning Commission Information Sheet Application No. 88014 Applicant: Target Stores Location: 6100 Shingle Creek Parkway Request: Site and Building Plan The applicant requests site and building plan approval to construct a 13,650 sq. ft. stockroom addition to the Target store at 6100 Shingle Creek Parkway. The property in question is zoned C2 and is bounded on the north by Summit Drive, on the east by the Brookview Plaza Shopping Center, on the south by the Shingle Creek Center (attached), and on the west by Shingle Creek Parkway. The proposed stockroom addition insofaras it is accessory to retail sales activity is a permitted use in the C2 zoning district. Parking The main issue with respect to this application is parking. Basically, the applicant wishes to count new and existing stockroom space under the warehouse formula rather than the retail parking formula. Presently, the entire building is required to have parking based on the retail formula which requires far more parking than the warehouse formula. If the existing stockroom is calculated under the warehouse formula only 18 spaces are required rather than 80 under the retail formula. The proposed addition would displace 45 parking stalls and require 17 additional spaces. Thus, the total required parking spaces for the stockroom space would be 35 stalls and, with the 45 displaced stalls, would just equal the 80 spaces that have already been provided under the retail parking formula. In addition, the plan calls for creating three new parking spaces over and above what is required. The existing Target store requires 631 parking spaces. If the proposed addition were calculated under the retail parking formula, the total required for the building would be 706 spaces. The proposed arrangement would result in a parking requirement of only 586. The differential is, therefore, 120 parking stalls. To assure that the stockroom area will never be used for retail space, Target will have to execute a restrictive covenant limiting the use of the stockroom areas to storage use only. The new storage room is needed because the existing stockroom is overloaded causing trailers to be parked outside for periods of a day or two. Trailer storage is prohibited and the stockroom expansion is certainly expected to alleviate the need to store trailers outside even for brief periods. Building The proposed building expansion is to have an exterior consistent with the existing building including a rounded corner at the northwest corner of the addition. A required exit way corridor will be constructed through the addition emptying out onto an 8' wide fire lane striped north of the building. An outdoor cart storage area is also indicated north of the existing building. As outside storage, this area should be screened by a 6' high masonry wall to match the existing building. The applicant should also protect the new north wall of the building from cars parked right up to it, perhaps with concrete planks or a narrow sidewalk. The dimension on the plan of 64' 6 " would allow for a 4 1 6 " wide sidewalk with curb overlap on both sides of the aisle of parking. 9 -8 -88 -1- Application No. 88014 continued The building is at present beyond the size permitted for its construction type because of the property line where the building adjoins the Shingle Creek Center. To allow for this construction type, a restriction (prohibition) has been put on construction of buildings within 60' of the existing Target /Shingle Creek Center complex. This yard limit of 60' will have to be revised to reflect the new boundary of the building. Recommendation While we are reluctant to enforce zoning restrictions through restrictive covenants, we feel there are some beneficial side effects to allowing the proposed storage building. It should alleviate fire code violations within the building and the parking of trailers outside the building. There should also be a defined and screened area for outside cart storage, out of the way of pedestrians. We, therefore, recommend approval of this application, 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. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The applicant shall execute a restrictive covenant limiting the use of the existing and proposed stockrooms to warehouse use only under current or new ownership. Said restrictive covenant shall be filed with the title to the property at the County prior to the issuance of permits. 8. The yard limit agreement prohibiting structures within 60' of the building shall be revised to reflect the proposed stockroom expansion prior to the issuance of permits. 9. The plans shall be revised prior to consideration by the City Council to indicate a minimum 4' high masonry wall screening the newly designated cart storage area. 9 -8-88 -2- i 0 , : r �'' , '' '� , �: afv,► .: 65 tt1 } EXISTING STOCKROOM ' t ., ,�� •,,,.,.,', t ,, +,; 4,�1, - , �' ,1 OOM ARE + 14,553 S .f. Tr DO - � /�i':' �T r I,J, -, v ti . ,'! �� ' . �.. • �.— r P , DISPLACED P 45 SPACES . • . x , , , _ ; Y ,.� 1 fi .� i. 1 +' � •� .. lip y ��f ��� , ; 1','�' •- kip; d� -. Ul r 1 , TARGET ' „� 1y 105s9 •.t, _ ,�• — � • •� � � • ;' � NOT i 9Z +' N CONTRACT A LL 0 < D� ,, 3 3 NEW PARKING SPACES h 1 ✓ `° NEW CART STORAGE AREA \ Z \ r r , • .� i 47 - . • '�- , .. �• •..:� =1.. ...�. � 41 LA ILL • � � �� Pq��.ITEC " — e • • - i , Y +i � Wry {vim '. ♦,. 1 �.,�•� .•... ..__ I _ Lo c... '� IC. K S�i.v }• �� -t� U_T�lN.. I+�ri J� . Step M 1 D TO FJ1,O/yT Az ew, I 1N�EP C6' �kp� i . •2� a -- S . j SC ►Z C pl I YV LL_ � ��C, 1 L vIL LAKE PARK z Q - -___- - Z O Q O O --- ------------ -_ _ = =_ ____ -- IRVING LANE N.� 69TH / CITY - I R5 I / MAINTENANCE BUILDING CREEK OPEN SPACE r 67TH AVE. - _- - APPLICATION NO. w 88010 arbd 88011 ro 66TH AVE N. i VE. N - _ _ w FREEWAY E cl � v X A GF A t1y y e o N 84 ° /s F65 S � s \ \ a w OD N �� -- roi ✓ .. a ° - '-— � R1 411 I � I 7 G o 3 QROPosr . ,,N Ii b � �, 1� . i' OFFICE Bl1tt.OtNG �' Ny trl� 00 i O, r p1AfN F f� $53 oi l oN o 64i -1 L OWER FFE " > 914 5 1 e +' fip 8 s 3 e5 r o � e �Q ►0 _ � 84 � U _T T— �1Y _ , 1 MOUND CEMETARY a ll owl MONA APPLICATION NO. PARK Mll -I -f 4 1 Q) 91 RARDI I AV NI o rn I Ll I D O 0 o Z m - r F EMONT AVE. N. i Ll EMERSON AVE. N. FT ? cr rn - - - - o DUPONT AVE. � N l i i = z I rn en COLFAX I AVE. N 0 G D - -- E3 y BR NT AVE. N. rn rn �' C) rocp ALDRI7�1� A DRICH AVE. N. Al r PM Z t m CAMDEN AVE. N. Z Ll I eeoae ®eeeeeeee•eeeee e e oee c�ee a ooeee eases ®eeooe� eseoeoeoeoe t+o ®oeodse c�` C IT C RIB U t Go M S moo -.. *lop — , -- \% .. \ \ �) 60 J ` c } -• ( ^ 842.9C ('7 <' v h � � a Qua, S. C. Swanson Jewell S. //ox to H �o M 1A . �_. n goy H. Sta warsk►' L t Annie V R y A N a1 13,6. ,??- - - - - -- 8 43,'' 8 4 3 8431- 843 ,<. Q � 8 S y E ✓. S. Bes o nes P O A? , 09 3S g3`! �.• g4 843 ° �36 22 f— 4 843- Q � �� •� N 0 SBL N E � Rrneuwe// Q eab i'e /d h 2 h �o L 40.9 ` 35 4 V 3 N 47- sac 84 844 84 ° 84.3 136. ZZ l;Uj 4 4� i _ – �. Mario B• Anderson I , \ / .� ' T n r v N. Whi tley s g47— O James R. Ala/sh N . AV 'iv t z : •. A � a� trATION 1 1 t , .. , , ..1 is� ii ■ F Am ■■ ■■ IM Will �. . AAA ■ - Y ■ �� �� ■ ■ ■.. . EMiOYEE PARKING c0 I) q I Y go 01 a S 0 LABELLE S 9 I I o ^W _ i - AREA STAG ING . - EXISTING STOCKROOM AREA Truek i_., ' '� 33.9' - - 1 AREA I ACED PARKING 45 SPACES 14.553 s.l. W LL Dock �i. 1 \ \ \ {\ a 9 DISPLACED 92; 994 al ' -� \ _u c 2J D cl cl y5 D ! I a — — t 5 \ ♦ - N 'ICI \ ; g o ' (,I D fl I I , a19' IS 1 w " TARGET - ° AR I - t °.L.fi4EN .1 - a f ' ~ot; ,- f { � > 105.9ONTR °51 - I'_' w4L.L. -- T• _3_� -- NOT IN CONTRACT p 4�' -2" � ovE0. ALL i ISo'.oi1 � Jd- BUILDING 'A' Ie Eo ". _ „ _ a a Q a1.aTo s.r. {f 3 / 3NEW PARKING SPACES L - �FLn EL r N.G, , ���` a rY•- r I 12o'_vLn 1M jar NEW CART STORAGE AREA ' \ a \a . • `\ Z 1 ITr \ \ a• ,_ i= 1:�.:'^' -t::' 1 '-'I:.' - i j I s "� F� ' � ��rb1a� TtQ - - {. _. s ,� 1 .- r .o ..A /;oar/" t _ ,.� BLDG.= C } T�- - r � _,.ti /���o__. ro+ ol'o° .�' -o• 0 �).916at , M. 1� It I O F -_ F'b�li EC C C{I �� ,n - •w� f l / EL rw �rTrI��L -- LAFrE'- " LL 1' A e ' c, , . 3 d4 I Jn7 p ' ✓p'.o�l ! -pn I c e +H[.- T. G• 1 r `I - . ��� �' s G A I _ I •'._ .. I I I ESTAURA NI' e ( •� \ •, \ � �a.A�'/ /7 � lf�• } �l�-oR dw. 4 �Y!; � ' I � I _r =1 '� ,7' l S �a(`� - /' // \\ K`' • / Bc,�n. I F N� " N� g•�1`z�±�4'; V \\ . FI_ �IL.L "`c' WHITE P,�II.rrCr, _ - - -_ :2 .r•�"?'^�__.- - --- �. ii S HEET i3-E1xEZ> Lf - , li 1'1E � rEh.r�F1T� P .:� rtg e� , r / /• - • , Iv. .2. .,E F T, P 61 UMINrrJ`: V .LL. FLJOTi nacar SIn, naonr,LrN CV r:rs N. O 9 t+.K/r -✓`. - T 1 F', / / 'r1 FL' ✓,FI � ` _ I- ' D�'va or o se n srocxano.M n�nnnnN \ Ia �� t�� /' � e Fy R r u 6 A� I T o ' E i a — EL1c ATI'�s o cnnvresroN OV Exls rlrvc Pao sr srocrcaonM ner.n r° •SISN / �L.�F' L1�1 -1 al(- WAREIIOUS£ PARrclNG COIrE RF.p RF.MENTS \ \ ZJ e E LC \ /i,. d � � rsr .ten. EL.b `. +.TI .xrenrvc 8L91,Ulrvc sipcxNnnM <oMMPRCIni, vxc. rnnE n s.sInnn v. . r. \ ')' " 1 r--1: 1 ��'wvr ` t.t_4 M ip wnarRnusE rxc conEn vxnasr.s rA Srnce.. REOU � , O / /�g � A+A �. FI I, +IF{er \ Q i j LL PROPOSF.O Srn(RRnOM ANI11frnN �\ / IJ,xSU r. E. \\xC wAREUOU.0 vrcr.. orn. .\ C� E. 17- 17— c - P-4. �4. '>,' arrvLACVO VARxrNC c I ncE.r NEOV' / I -- �E LEG'TEA CF_I �.IWG rL es SPACES REp'N / � FL GC., E_rJ h�L lF.lb P'LA NEIP PA RxING SPACES CIIEA JEI) S'a o F Ff a�� 1.3 PL/xl -1 TOTAL STOCxROOM }x,SRJ S. x'. B.I SPACESCNF, IIIT : FF'/yySN1�f PLI•F / I W A H PIInrISPI (ADMEMO) ` A 3 , DEPARTMENT OF FINANCE A TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: September 16, 1988 SUBJECT: CHANGES TO THE 1989 PROPOSED CITY BUDGET I have attached one resolution which will adopt the 1989 City Budget and another resolution which will authorize a tax levy for the 1989 budget appropriations. The proposed resolution adopting the 1989 City Budget, which was included in the budget document that was presented to the City Council, has been adjusted to reflect the changes directed by the City Council at its meeting of September 14. Those changes are as follows: 1. The Government Buildings appropriation has been increased to provide for a revised salary schedule for part -time custodial employees. +$11,297 2. The Government Building appropriation has been decreased because one - half of the mechanical hoist rebuilding has been moved to the 1988 budget. -$ 9,297 3. The Vehicle Maintenance appropriation for capital outlay has been increased to compensate for an error in the budget as proposed. +$ 3,000 4. The Community Center appropriation for gas service has been reduced after a reviewal of data. - $10,000 5. The Council's Contingency Fund has been increased to offset the above adjustements. +$ 5,000 6. The net change to the budget as proposed is: $00,000 As shown above, after the changes to the budget have been made, the total budget and the property tax to be levied remain unchanged from what was originally proposed. Paul W. Holmlund Goals of the Officer Friendly Program The teaching materials for the Officer Friendly Program are basic safety materials. They include identifying traffic semaphore lights, stranger danger, safe walking, etc. Each year after Kindergarten the training is reinforced by discussing the same subject matter only in greater detail. The philosophy, therefore, is to expose the officer to the children as a friendly person, similar to their teacher. The theory then is that the children will openly confide information to police officers and not be afraid of them. An example of this occurred at Bellevue Park where approximately $2,000 in vandalism occurred. When the officer responded to take the report, there were several children in this age bracket playing in the park. The officer stated it was almost like they stood in line to tell him the names of the older boys that committed the vandalism. We believe it was the Officer Friendly Program that conditioned the children to approach the police officer with this type of information. Warren Lindquist, the retired principal at Earle Brown School, has been highly supportive of the program. At the present Earle Brown is the only school that the Officer Friendly Program is administered to. Goals of the DARE Program The purpose of this program is to teach youngsters to say "no" to drugs. The program starts with the fifth grade. It was believed that by selecting this grade the children would be exposed to anti -drug conditioning prior to their real involvement with drugs. The program is intended to develop young students into peer pressure groups that say "no" to drugs. This is why the officer presents seventeen hours of instruction to the students. Children are taught to have good feelings within themselves when they are able to say "no" to drugs. The program is in many cities throughout 35 states and 7 foreign countries. • OFFICER FRIENDLY PROGRAM • This program is administered to Kindergarten through third grades at elementary schools. The schools include Earle Brown, Evergreen, St. Alphonsus, Willow Lane, Orchard Lane, Garden City and Northport; totaling seven schools. The number of classrooms each school has per grade varies. Some schools have as many as six rooms for a grade. The average is approximately four rooms per grade. The average number of rooms for the entire city then runs between one hundred (100) and one hundred ten (110). The training material is professionally prepared by the Sears Foundation. The program calls for an officer to present the materials originally to the children. The teachers then present the materials on a deeper level. The officer then comes back to reinforce all the materials presented. The presentation is on a classroom by classroom basis. A full -time officer friendly would also handle the school patrol program and the bicycle safety program. Without school patrol and bicycle safety programs, we believe the officer friendly program would take six months to administer. The annual schedule would probably be as follows: January Officer Friendly Earle Brown School February Officer Friendly Evergreen School ® March Officer Friendly Willow Lane School April Officer Friendly Orchard Lane School May Bicycle Safety All schools June Police Department Vacation fill -ins July Police Department Vacation fill -ins August Police Department Vacation fill -ins September School Patrol All schools October Officer Friendly Northport School November Officer Friendly Garden City School December Officer Friendly St. Alphonsus and Police Department Holiday season vacation fill -ins We learned from the time spent analysis the officers' personal leave benefits take a large block of time. The current officer friendly receives four weeks vacation and eleven holidays each year, plus sick time. This amounts to thirty -five (35) work days for a total of seven weeks personal leave time. To this we would have to add the training time to keep the officer certified in firearms, first aid, defensive driving, et cetera. Also, he would need administration time to establish the schedules for each school. The officer would meet and coordinate the material with each teacher prior to the classroom presentation. D.A.R.E. PROGRAM The same seven elementary schools would be involved with this program. This program addresses the fifth and sixth grades. This program requires an officer to present seventeen (17) one - hour classes to each room. The scheduling here is much more complex. The seventeen hours are not usually presented on seventeen consecutive days. For this explanation, let us say classes are presented on consecutive days. One school with four classes in the fifth grade would require the following time. There are approximately twenty -one (21) school days in a month. An officer would need seventeen (17) of the twenty -one (21) for this program. Each day the officer would present four one -hour sessions. Those schools with five classrooms for the fifth grade would require five hours of teaching. Because the sessions are not on consecutive days, an officer would be traveling between schools. It is unlikely he would be able to teach more than the four classes a day. The DARE schedule would probably be as follows: January DARE for schools: February Earle Brown, Evergreen, March Northport, and Garden City April administered as a group May June Police Department vacation fill -in July Police Department vacation fill -in August Police Department vacation fill -in September DARE for schools: October St. Alphonsus, Willow Lane, November and Orchard Lane as a group December Police Department holiday vacation fill -in Using a 1988 calendar, there are fifty -five (55) school days between September 12 and December 1. Three schools with four classrooms each would require fifty -one (51) days for the D.A.R.E. program. This officer would also need to be regularly certified in firearms, first aid, defensive driving, et cetera. NEW INTERCOM SYSTEM The intercom system currently being used in the police department was originally purchased for the station at 6445 Lyndale Avenue North in the early 60 The master unit was purchased at that time and was then transferred to this building which covers a much larger space. The original master unit was made for only five (5) remotes. The current space requires it to handle twenty -five (25) remotes. As the system was not originally designed for this, a power booster was added in the early 70's to attempt to get better coverage throughout the department. The power booster purchased was the largest one that could be added to the system without making the quality of the speech too poor to understand. As this was still inadequate, individual speakers had boosters added to increase their volume. Because of these problems and the age of the system, the units are virtually unrepairable. The entire system is "worn out" which has led to such problems as the volume controls on most speaker boxes are useless. Volume at some stations becomes louder without touching the controls and most controls are unable to shut off completely. It is sometimes necessary to shut a particular speaker off to conduct an interview or take a statement. As the controls do not function, it has necessitated disconnecting the wiring for the speaker to do this. A new master unit is needed to handle the larger number of speakers. The fire code for buildings also requires that all new teflon- coated, fire- resistant wiring be used. When we were given the estimate for the system, they informed us it would be cheaper to wire only in the ceiling and install new ceiling mounted speakers, than to try and fish all the wiring down into the walls as they are now. The new system will also give us the capability of paging anyone from any phone on the city system. Currently there are only two stations with microphones from which all paging must be done. This new system would also then be more time efficient. Member introduced the following resolution and moved its adoption: RESOLUTION NO. 88- RESOLUTION TO ADOPT THE 1989 BUDGET ----------------------------------- BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for budgeted funds for the calendar year 1989 shall be: GENERAL FUND Unit No. Organizational Unit Amount - - - - -- ------------------------------ - - - - -- ---- - - - - -- 11 Council $ 105,267 12 Charter Commission 1,500 13 City Manager's Office 349,396 14 Elections and Voters' Registration 22 15 Assessing 180,606 16 Finance 287,218 17 Independent Audit 12,000 18 Legal Counsel 189,315 19 Government Buildings 455,109 20 Data Processing 156,405 31 Police Protection 2,356,175 32 Fire Protection 351,317 33 Planning and Inspection 274,950 34 Emergency Preparedness 60,742 35 Animal Control 14,459 41 Engineering 414,117 42 Street Construction and Maintenance 828,301 43 Vehicle Maintenance 421,420 44 Traffic Signs and Signals 34,900 45 Street Lighting 143,000 46 Weed Control 2,500 51 Health Regulation and Inspection 62,141 61 Recreation and Parks Administration 258,449 62 Adult Recreation Programs 301,370 63 Teen Recreation Programs 10,700 64 Children's Recreation Programs 79,991 65 General Recreation Programs 83,214 66 Community Center 497,357 69 Parks Maintenance 531,594 70 Convention and Tourism Bureau 175,000 80 Unallocated Departmental Expense 800,053 Total General Fund $ 9,460,601 PARK IMPROVEMENT BONDS OF 1980 REDEMPTION FUND $ 205,191 1969 BUILDING AND IMPROVEMENT BOND REDEMPTION FUND 167,700 TOTAL APPROPRIATIONS FOR BUDGETED FUNDS $ 9,833,492; and RESOLUTION NO. 88- BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the source of financing the sums appropriated are expected to be: General Property Taxes $ 4,215,515 Penalties and Interest on Property Taxes 15,000 Sales Taxes on Lodging 184,000 Business Licenses and Permits 177,235 Nonbusiness Licenses and Permits 138,200 Intergovernmental Revenue 2,954,415 General Government Charges for Services 161,500 Public Safety Charges for Services 11,500 Recreation Fees 756,974 Fines and Forfeits 245,000 Fund Balance 250,000 Miscellaneous Revenue 7241153 TOTAL ESTIMATED SOURCE OF FINANCING $ 9,833,492 Date Mayor ATTEST: Clerk The motion of the adoption of the foregoing resolution was duly seconded by member thereof 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 introduced the following resolution and moved its adoption: RESOLUTION NO. 88- RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1989 BUDGET APPROPRIATIONS ----------------------------------------------------------------- BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. There is hereby approved for expenditures from general taxes, the following sums for the purpose indicated: CITY OPERATION AND ADMINISTRATION $ 3,428,200 EMPLOYEE'S RETIREMENT 414 $ 3,842,624 The foregoing does not include levies already certified to the County Auditor for the payment of outstanding loans, which levies for the year 1989 are as follows: PARK IMPROVEMENT BONDS OF 1980 REDEMPTION $ 205,191 1969 BUILDING AND IMPROVEMENT BOND REDEMPTION 167,700 $ 372,891 TOTAL EXPENDITURES FOR THE YEAR 1989 FROM GENERAL TAXES $ 4,215,515 2. 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 $3,842,624, 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 1989. Date Mayor ATTEST: 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 thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. sac Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1989 ---------------------------------------------------------------- WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received a resolution from the Economic Development Authority of the City of Brooklyn Center entitled a "Resolution Establishing the Tax Levy of the Brooklyn Center Economic Development Authority for the Year 1989 "; and WHEREAS, the City Council, pursuant to the provisions of MSA 462.545, Subdivision 6, must by resolution consent to the proposed tax levy of the Economic Development Authority of the City of Brooklyn Center: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a special tax be levied upon all real and personal property within the City of Brooklyn Center in the amount equal to one -third of a mill. BE IT FURTHER RESOLVED that the said one -third mill, to be used for the operation of the Brooklyn Center Economic Development Authority pursuant to the provisions of MSA 462.411 through 462.711, be certified for tax levy to the County Auditor of Hennepin County on or before October 25, 1988. -------- -------------------- - - - - -- ------------------------------------ Da to Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /3 Licenses to be approved b the City Council on September 19 1988• PP y y P COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave. N. _ Snyder Brothers Drug Store 1296 Brookdale Center Sanitarian FOOD ESTABLISHMENT Yen Ching Mandarin Restaurant 5900 Shingle Creek Pkwy. SanitarianL ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6844 Shingle Creek Pkwy. Earle Brown Elementary School 5900 Humboldt Ave. N. Sanitarian MECHANICAL SYSTEMS All- American Mechanical, Inc. 496 North Prior Ave. Excel Air Systems 1408 Sylvan Street Thrane, Inc. 4921 Xerxes Ave. S. (_ 4a., Building Official A'`— NONPERISHABLE VENDING MACHINES Woodside Enterprises 11889 65th Ave. N. ) Brooklyn Center Police Department 6301 Shingle Creek Pkwy. Sanitarian . RENTAL DWELLINGS Initial: Danny J. Peterson 5607 Colfax Ave. N. Lucille R. Jennrich 6612 Drew Ave. N. E. Alan Knudson /Laurie A. Hardel 5547 Lyndale Ave. N. Steve & Donna Schweim 3512 53rd Ave. N. Renewal: Keith L. Nordby 5964 Brooklyn Blvd. James Just/Welcome Home, Inc. 6451 Brooklyn Blvd. Robert M. Lindblom 5538 Colfax Ave. N. Don McGillivray 5740 Dupont Ave. N. Gary D. Anakkala 5412, 5412 1/2 Fremont Ave. N. Kenneth W. Kunz 5601 Lyndale Ave. N. Milton R. Carlson 610 53rd Ave. N. Jack & Elizabeth Fahrenholz 620 53rd Ave. N. M & J Properties 2937 69th Lane N. C . 1 LJ1Q/� 2 Director of Planning and Inspection GENERAL APPROVAL. �1 �i__2?. _, •� D. K. Weeks, City Clerk