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HomeMy WebLinkAbout1989 01-23 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 23, 1989 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. Approval of Minutes: *a. January 3, 1989 - Regular Session 7. Mayoral Appointments - Advisory Commission Chairperson 8. Performance Bond Release: *a. Shingle Creek Center - 6000 -6100 Shingle Creek Parkway 9. Resolutions: *a. Expressing Recognition of and Appreciation for the Dedicated Public Service of Jayne Kuhar *b. Expressing Recognition of and Appreciation for the Dedicated Public Service of Shirley McCumber *c. Expressing Recognition of and Appreciation for the Dedicated Public Service of Dolores Hastings *d. Expressing Recognition of and Appreciation for the Dedicated Public Service of Ray Haroldson *e. Expressing Recognition of and Appreciation for the Dedicated Public Service of Ronald Turner *f. Expressing Recognition of and Appreciation for the Dedicated Public Service of Ken Felger *g. Expressing Recognition of and Appreciation for the Dedicated Public Service of George Lucht CITY COUNCIL AGENDA -2- January 23, 1989 *h. Accepting Bid and Awarding Contract for Rehabilitation of Well No. 8 (Project No. 1988 -23, Contract 1989 -A) -Well No. 8 is located at Camden Avenue North and Woodbine Lane i. Approving Plans and Specifications for the Improvement of I -694 within the Corporate Limits of the City of Brooklyn Center -MNDOT representatives will attend the meeting to present these plans and to discuss details regarding this improvement project. *j. Amending the 1989 Budget to Provide Funds for a Police Department Managing Diversity Training Program *k. Accepting Gift from Grassfield R/C Club 1. Appropriating Funds and Authorizing the Purchase of Computer Equipment by the Public Utilities Fund *m. Accepting Quote and Authorizing the Purchase of One (1) Spin Grinder - Approved in 1989 Budget - Dept. 69 10. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement -This item was first read on December 5, 1988, published in the City's official newspaper on December 15, 1988, and was offered for a second reading on January 3, 1989. The public hearing was opened and continued until this evening's meeting. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage -This item was first read on December 5 1988 in the published City's official newspaper news a er on December 15, 1988, and was offered for a second reading on January 3, 1989. The public hearing was opened and continued until this evening's meeting. c. An Ordinance Vacating Part of a Utility Easement in Lot 3, Block 1, Richardson Addition -This item was offered for a first reading on December 19, 1988, published in the City's official newspaper on December 29, 1988, and is offered this evening for a second reading. CITY COUNCIL AGENDA -3- January 23, 1989 d. An Ordinance Vacating the Street Easement in Tract D Registered Land Survey No. 1482 -This item was offered for a first reading on December 19, 1988, published in the City's official newspaper on December 29, 1988, and is offered this evening for a second reading. e. An Ordinance Fixing Council Salaries -This item was offered for a first reading on December 19, 1988, published in the City's official newspaper on December 29, 1988, and is offered this evening for a second reading. f. An Ordinance Amending Chapter 17 Relating to Personnel -This item is offered this evening for a first reading. This amendment would allow the use of sick leave during the probationary period. g. An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane -This item is offered this evening for a first reading. 11. Discussion Items: a. Setting January 30, 1989, as the Date for a Joint Meeting with District 286 School Board b. Penalty Provisions to Encourage People to Cut their Own Weeds C. I -94 Surplus Right -of -Way Status 12. On -sale Wine and On -sale Nonintoxicating Malt Liquor License for Yen Ching Restaurant *13. Licenses 14. Adjournment I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 3, 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 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also present were City Manager Gerald Splinter, Director of Public Works rks S y Knapp, Finance Director Paul Holmlund City Clerk Darlene Weeks, City Attorney y Charlie LeFevere, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Councilmember Hawes. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager stated tonight is the tenth annual presentation by the City Council of service awards to City employees recognizing years of service to the City. Recognition is given to those employees who, during 1988, observed the anniversary of either 20 or 25 years of permanent full -time employment with the City. The City Manager stated the awards are a part of a service recognition program approved by the City Council in 1979. He said employees with 20 years of service include Police Sergeant Greg Weeks and Maintenance II Worker Richard Nordstrom. He stated Police Sergeant Don Sollars, Police Officer LeRoy Christenson, and Engineering Technician III Gary Giving have been employed with the City for 25 years. Mr. Christenson and Mr. Giving were present at the meeting, and the Mayor and City Manager presented each of them with a service award. Mayor Nyquist, Councilmember Lhotka, and Councilmember Scott expressed their thanks to Councilmember Hawes for serving on the Council. They noted he has been a real asset to the City Council, and his presence has made the community a bette r P la ce ADJOURN 1988 COUNCIL There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the 1988 Council. The motion passed unanimously. OATH OF OFFICE The City Clerk administered the oath of office to Todd Paulson and Jerry Pedlar. RECESS The Brooklyn Center City Council recessed at 7:16 p.m. 1/3/89 -1- CALL TO ORDER 1989 COUNCIL The Brooklyn Center City Council was called to order by Mayor Dean Nyquist at 7:37 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Todd Paulson, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, and Administrative Aide Patti Page. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. SELECTION MAYOR PRO TEM There was a motion by Councilmember Pedlar and seconded by Councilmember Lhotka to appoint Councilmember Scott as Mayor Pro tem for 1989. The motion passed unanimously. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Pedlar requested item 14 be removed from the consent agenda. MAYORAL APPOINTMENTS There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reappoint Agatha Eckman and Lorna Seburg to the Human Rights and Resources Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reappoint Dave Skeels to the Park and Recreation Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reappoint Barb Jensen to the Housing Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Nicholas Eoloff as Chairperson for the Housing Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reappoint Lowell Ainas and Wallace Bernards to the Planning Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Kristen Mann to the Planning Commission. The motion passed unanimously. 1/3/89 -2- There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reappoint John Casey to the Northwest Hennepin Human Services Advisory Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reappoint Brad Hoffman as the Weed Inspector. The motion passed unanimously. Mayor Nyquist noted the current Chairperson of the Planning Commission, George Lucht, did not wish to be reappointed to the commission. He stated he would recommend appointing Michael Nelson as the Chairperson. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to appoint Michael Nelson as Chairperson for the Planning Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -01 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -02 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -03 Member Gene Lhotka introduced the following resolution g i n and moved its adoption: RESOLUTION REGARDING MAYOR NYQUIST'S 1989 SALARY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: BOWLING ALLEY LICENSE Earle Brown Bowl 6440 James Circle CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. Best Company 5925 Earle Brown Drive 1/3/89 -3- Bob Ryan Olds 6700 Brooklyn Blvd. Ryan Management 6160 Shingle Cr. Pkwy. Ryan Management 6200 Shingle Cr. Pkwy. Brooks Superettes 6804 Humboldt Ave. N. Earle Brown Bowl 6440 James Circle M & S Drug Emporium 5900 Shingle Cr. Pkwy. Super America 1901 57th Ave. N. Super America 6545 West River Road Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford 2550 County Rd. 10 Budgetel Inn 6415 James Circle Econo Lodge 6445 James Cricle Ground Round 2545 County Rd. 10 Holiday Inn 2200 Freeway Blvd. LaCasita Mexican Restaurant 2101 Freeway Blvd. T. Wrights 5800 Shingle Cr. Pkwy. Bill West Service Center 2000 57th Ave. N. Total Petroleum 7645 Lyndale Ave. S. Woodside Enterprises 11889 65th Ave. N. Bakers Square 5601 Xerxes Ave. N. Little Brooklyn 6219 Brooklyn Blvd. GASOLINE SERVICE STATION LICENSE Davies Water Equipment 4010 Lakebreeze Ave. N. Meta Baking Company- Taystee Bread 4215 69th Ave. N. Total Petroleum 6830 Brooklyn Blvd. MECHANICAL SYSTEMS LICENSE Brooklyn Air Heating & A.C. 5801 Lyndale Ave. N. Kumar Mechanical 8777 Southwest 3rd St. PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle The motion passed unanimously. DESIGNATE OFFICIAL NEWSPAPER - BROOKLYN CENTER POST Councilmember Pedlar stated he would like to discuss the significance of designating the official newspaper and what is required by law. The City Manager explained the official newspaper is the publication in which the City publishes all its legal notices. He noted the _Brooklyn Center Post is close and available to the residents of Brooklyn n Center. He noted economically y n ically speaking, it is much cheaper to use a local newspaper than the Star Tribune Ma y or Nyquist inquired if it would be possible to use cable TV for this type of notice. The City Manager stated cable TV would not meet the legal requirements, and the City would have to expand the capacity of a character generator. Councilmember Lhotka noted the Council and staff had met with the management of Post Publications earlier in 1988 and said there were certain items which it would be taking care of. He inquired what has happened to these promises. The City Manager stated if the Council so wished he could send a letter to the Post outlining what had been discussed earlier in 1988 and asking for some 1/3/89 -4- explanations. Councilmember Lhotka inquired what "newspaper" means. The City Attorney explained state law is quite specific as to what qualifies as an official newspaper. He added the Council is actually quite limited in what it chooses as the official publication for the City. Councilmember Paulson stated he feels the City has received improved coverage in the past few months, and he believes some of the problems occur because this is a privately owned newspaper. He added what the City may need is a supplement to the Post which could be circulated to all the residents of Brooklyn Center. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar designating the Brooklyn Center Post as the official newspaper. The motion passed unanimously. PROCLAMATION i Councilmember Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING 1989 AS THE YEAR OF THE YOUNG READER The motion for the adoption of the foregoing proclamation was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Plans and Specifications for Rehabilitation of Well No. 8 (Project No. 1988 -23, Contract 1989 -A). The Director of Public Works went on to review the report prepared for this item. He explained the company of Short - Elliott- Hendrickson, Inc. has completed a detailed evaluation of the history and information relating to this well. He noted Short - Elliott - Hendrickson, Inc. recommends against the well screen alternative and recommends instead that the well be rehabilitated to operate with an open cavity, but at a reduced capacity. He stated the cost of this alternative is estimated at $15,000 to $30,000. Councilmember Scott inquired what type of contingency plan the Director of Public Works has if this alternative does not work. The Director of Public Works stated it would be difficult to construct a new well in time for the 1989 summer watering season. He added he also is uncertain about the possibility of extending our well into the Hinckley aquifer. He explained the Department of Health has strict regulations regarding extending a well from one aquifer to another. RESOLUTION N0. 89 -04 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR REHABILITATION OF WELL 140. 8 (PROJECT NO. 1988 -23, CONTRACT 1989 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager explained there are two ordinances offered this evening for a second reading. He stated he is requesting the q g Council open the public hearing for anyone wishing o address s the Council this evening and then continue the 1/3/89 -5- public hearing on these items until the January 23, 1989, meeting. Mayor Nyquist opened the meeting or the purpose o g p p f a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage. He inquired if there was anyone who wished to address the Council. No one appeared to speak. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to continue the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside g g de Stora e until the January ary 23, 1989, City Council meeting. The motion P assed unanimousl Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement. He inquired if there was anyone present who wished to address the Council. No one appeared to speak. There was a motion by Councilmember Lhotka and seconded by Councilmember Paulson to continue the public hearing on An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement until the January 23, 1989, City Council meeting. The motion passed unanimously. DISCUSSION ITEMS AUTHORIZING PURCHASE OF A REPLACEMENT POLICE VEHICLE The City Manager stated staff is requesting the Council to authorize the purchase of a replacement police vehicle. He noted this vehicle would replace the Captain's car which has been converted into a marked squad car. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to authorize the purchase of a replacement police vehicle. The motion passed unanimously. APPOINTMENT OF COUNCIL LIAISON TO ADVISORY COMMISSIONS Mayor Nyquist explained presently Councilmember Lhotka is the liaison to the Human Rights Commission, Councilmember Theis is the liaison to the Housing Commission and Councilmember Hawes is the liaison to the Park and Recreation Commission. He noted Councilmember Lhotka has stated he would like to be transferred to the Housing Commission. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to appoint Councilmember Pedlar as liaison to the Park and Recreation Commission and Councilmember Paulson as the liaison to the Human Rights Commission. The motion passed unanimously. APPROVAL OF CONTRACT FOR LOBBYING SERVICES - BOLAND & ASSOCIATES The City Manager explained Boland & Associates is currently attempting to . Y P ether g put to P a group g g p of municipalities in a lobbying effort which will assist in clarifying and handling some of the conflict problems that exist in the licensing and siting process for group homes. Mayor Nyquist inquired how many other communities are involved at this point. The City Manager stated at this 1/3/89 -6- point no one else has made a commitment, and it appears they are all waiting for someone else to make the first move. Mayor Nyquist stated he would like to have progress reports from Boland & Associates, and he would prefer to make progress payments as opposed to a lump sum. The City Manager stated these changes could be made to the resolution. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka directing staff to change the language of the resolution to request progress reports from Boland & Associates and to note the payment process. The motion passed unanimously. RESOLUTION N0. 89 -05 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO CONTRACT FOR LOBBYING SERVICES THAT WOULD CLEARLY DEFINE GROUP HOME SITING AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :35 p.m. City Clerk Mayor 1/3/89 -7- CITY OF BROOKLYN CENTER Council Meeting Date 1 -23 -89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: Mayoral Appointments - Advisory Commission Chairperson *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPART NT APPROVAL: Administrative Aide Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Staff is recommending the appointment of Donna Stoderl to the position of chairperson for the Human Rights and Resources Commission. i CITY OF BROOKLYN CENTER Counc Meeting Cate 1 -23 - 89 Agenda Item Number O Q/ REQUEST FOR COUNCIL CONSIDERATION IT DESCRIPTION: Performance Bond Release DEPT. APPROVAL Signature - title Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached �) Target /Shingle Creek Center 6000 -6100 Shingle Creek Parkway • Planning Commission Application No. 85001, 85024 Amount of Guarantee - $25,000 bond Obligor - Ryan Construction Company All site improvements for the original Target store and Shingle Creek Center have been installed with the exception of a screen wall for the trash compactor behind the Target store. Target's architect, Forrest Russell, has indicated that a screen wall as shown on the approved plans is now structurally infeasible without major modifications within .the building. They have proposed as a substitute the planting of 11 Austrian Pine in the greenstrip area behind the Target building to screen the compactor from the back of the Brookview Plaza building and from the Best site. See partial site plan and letter, attached. This bond release will not affect the warehouse expansion project now being completed. The City holds a separate performance guarantee for site work associated with that project. Recommend total release of this bond upon completion-of landscape plantings this spring. Target Stores 33 South Sixth Street P.O. Box 1392 Minneapolis, Minnesota 55440 -1392 Telex No. 6879103 J ¢ December 14, 1988 Ronald A. Warren Director of Planning City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: TARGET COMPACTOR SCREENING Dear Ron: I'm writing to follow -up our meeting and conversations concerning compactor screening. On the approved site plan as prepared by Ryan Construction, there is the notation "brick screen wall" in the Target receiving /compactor area. That note was added by Ryan as a condition of City approval without specific coordination with Target. Our building is not designed to physically accept a wall in that location. The intent of the City conditions is to screen trash service areas from public view and in Target's case, the trucks at the receiving dock screen the compactor (see enclosed Attachment A). In the spirit of cooperation, we wish to respond to your concerns in a practical way by offering the enclosed screening proposal. (See enclosed Attachment B). Target will install an evergreen landscape screen to visually soften the entire receiving /compactor area from the adjacent public parking area east of Best's receiving dock. Because of the onset of winter, our first opportunity to plant will be in April or May. Please give me your comments after you've had time to review this proposal. Sincerely, _7 Forrest E. Russell Site Planner CC: with 1 attachment each Ed Oathout Gary Modlin 2 Attachments - A & B /j A Division of the Dayton Hudson Corporation PzYAN C-r--NT99 _ 1 -11 H TAR�. -S T �- 1I 17 N rINi; , 8 IO 1-IG�T. � ' s r ' ATM �vl i�;LAzA _ 7 -Zge- N�Tr Val Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JAYNE KUHAR WHEREAS, Jayne Kuhar served on the Brooklyn Center Human Rights and Resources Commission from January 9, 1978, to December 31, 1988; and WHEREAS, Jayne Kuhar served as Human Rights and Resources Commission Chairperson from January 7, 1980, to December 31, 1988; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise has been greatly appreciated by the Brooklyn Center Human Rights and Resources Commission; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Jayne Kuhar is hereby recognized and appreciated by the City of Brooklyn Center. 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. q p Member introduced the following resolution ' i tion and moved P its adoption: . RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SHIRLEY MCCUMBER WHEREAS, Shirley McCumber served on the Brooklyn Center Human Rights and Resources Commission from November 24, 1986, to December 31, 1988; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Shirley McCumber is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was dul g g Y 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. 9c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOLORES HASTINGS WHEREAS, Dolores Hastings served on the Brooklyn Center Housing Commission from October 15, 1973, to December 31, 1988; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Dolores Hastings is hereby recognized and appreciated by the City of Brooklyn Center. 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. qC( Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RAY HAROLDSON WHEREAS, Ray Haroldson served on the Brooklyn Center Housing Commission from October 15, 1973, to December 31, 1988; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Ray Haroldson is hereby recognized and appreciated by the City of Brooklyn Center. 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. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RON TURNER WHEREAS, Ron Turner served on the Brooklyn Center Housing Commission from January 24, 1977, to December 31, 1988; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Ron Turner is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor s 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. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KEN FELGER WHEREAS, Ken Felger served on the Brooklyn Center Housing Commission from January 9, 1984, to October 1988; and WHEREAS, Ken Felger served as Housing Commission Chairperson from January 1986 to October 1988; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Housing Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Ken Felger is hereby recognized and appreciated by the City of Brooklyn Center. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GEORGE LUCHT WHEREAS George Lucht served on the Brooklyn Center Planning Commission from November 13, 1978, to December 31, 1988; and WHEREAS, George Lucht served as Planning Commission Chairperson from January 14, 1982, to December 31, 1988; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated P b the Brooklyn ookl n Cente Y y r Planning Commission; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of George Lucht is hereby recognized and appreciated by the City of Brooklyn n Center. 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 1LZ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REHABILITATION OF WELL NO. 8 (PROJECT NO. 1988 -23, CONTRACT 1989 -A) DEPT. APPROVAL: * * * * * * * * * * * * * * * PP4 * ** R * * ** k *O ** PUBLIC * WORKS * * ** * * ** * I * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation • On January 3,'1989, the .City Council approved plans and specifications, and authorized advertising for bids for the rehabilitation of Well No. 8 (located at Camden Avenue and Woodbine Avenue) on the basis of the Director of Public Works report dated December 29, 1988 (copy attached). On January 19 bids were received and opened for completion of this work in accordance with plans and specifications as prepared by Short- Elliott- Hendrickson (SEH), our consulting engineers for this project (see detailed bid tabulation attached). The low bid received, in the amount of $41,600 was submitted by Keys Well Drilling Co. Our review of the bid indicates that this bidder is a responsible bidder, and that the unit prices are balanced. It is noted, however, that the low bid and all other bids are higher than the Engineer's estimate. After discussion of this matter with our consulting engineers and with the bidders, I believe there are at least three reasons for the increased cost, i.e.. 1. All bidders are familiar with the unpredictable history of this well. 2. Because the site on which this well is located is very small, it was necessary to specify that all materials bailed from the well be discharged through a settling tank (rather than into a temporary pond). And, this is more difficult during winter months than it would be during summer months. 3. Because of the 1988 drought, the demand for well construction and well improvements is extremely high. Accordingly, these prices reflect "seller's market" conditions. • Accordingly, it is my opinion that this is the best price we can obtain for this work. And, it is obviously necessary to proceed as soon as possible to assure that this well is back "on- line" for our 1989 summer demand. • As noted in the 12/29/88 memo, the total bid amount is based on the scenario that the entire well cavity must be bailed out. It is our intention to monitor the results of the test pumping process to determine whether that amount of removal is necessary. If a decision is made to remove less material, the specifications provide reduction of contract payments based on the amount of work completed. Accordingly, we recommend award of this contract to the low bidder. City Council Action Required Adoption of the attached resolution. i - •- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REHABILITATION OF WELL NO. 8 (PROJECT NO. 1988 -23, CONTRACT 1989 -A WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1988 -23, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 19th day of January, 1989. Said bids were as follows: Bidder Bid Amount Keys Well Drilling Co. $ 41,600 Traut Wells Inc. 65,780 Layne Minnesota Company 68,500* E. H. Renner & Sons 72,100 Bergerson- Caswell, Inc. 92,750 *Note: Conditional Bid WHEREAS, it appears the Keys Well Drilling Co. of St. Paul, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $41,600, with Keys Well Drilling Co. of St. Paul, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1988 -23, Contract 1989 -A, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Payments for all work completed under this project shall be charged to the Public Utility Fund. RESOLUTION N0, 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 BID TABULATION FOR PROJECT 1988 -23, CONTRACT 1989 -A WATER SUPPLY WELL NO. 8 REHABILITATION BIDS OPENED JANUARY 19, 1989 I I I I I I II I BIDDER I BERCERSON- CASWELL, INC. I KEYS WELL DRILLING CO. I LAY" MINNESOTA CO. I E. It. RENNER I SONS I TRAUT WELLS, INC. 11 ENGINEER'S ESTIMATE ESTIMATED I UNIT I ( UNIT I ( UNIT ( 1 UNIT I I UNIT 1 II UNIT I I IND. ITEM UNIT QUANTITY I PRICE I AMOUNT I PRICE I AMOUNT I PRICE I AMOUNT I PRICE I AMOUNT I PRICE I' AMOUNT II PRICE I AMOUNT i I I I I I I I i I I II I I 1 I I i I I I I I i I II I I 11. MOBILIZATION G I DEMOBILIZATION L.S. L.S. I $3.000.00 1 $3,000.00 I $4,000.00 1 $4,000.00 1 $10,950.00 I $10,950.00 1 $25,000.00 I $25,000.00 I $11,700.00 I $11,700.00 II $5,000.00 I $5,000.00 I I I I I I I I I I I i II I I 12. BAILING WELL C.Y. 300 I $230.00 I $75,000.00 I $75.00 I $22,300.00 I $100.00 I $30,000.00 i $90.00 1 $27,000.00 I $150.00 I $45,000.00 11 $50.00 1 $15,000.00 I 13. DEVELOPMENT HOURS 40 I $130.00 I $6,000.00 I $133.00 1 45,400.00 1 $300.00 I $12,000.00 I $100.00 I $4,000.00 I $95.00 I $3,800.00 11 $80.00 I $3,200.00 I I I I I I I I I I I it I I 14. FURNISH, INSTALL G I I I I I I I i I I it I I REMOVE TEST PUMP c i I I I I I I I I I II I I 1 RELATED EQUIPMENT L.S. 2 1 $2,000.00 I $4.000.00 1 $2,500.00 1 $5,000.00 1 $5,000.00 I $10,000.00 1 $5,000.00 I $10,000.00 1 $960.00 I $1,920.00 11 $1,000.00 1 $2,000.00 1 15. TEST PUMP HOURS 30 1 $110.00 1 $3,300.00 I $120.00 1 $3,600.00 I $135.00 I $4,050.00 1 $120.00 I $3,600.00 I $80.00 ( $2,400.00 II $75.00 1 $2,250.00 I I I I i I I I I I I II I I 16. REINSTALL WELL PUMP I I I I I I I I I I II I I 1 i MOTOR L.S. L.S. 1 $1,450.00 1 $1,450.00 1 $1,100.00 I $1,100.00 1 $1,500.00 I $1,500.00 I $2,500.00 I $2,500.00 I $960.00 I $960.00 II $1,000.00 I $1,000.00 I i I i I I I I I I I I II I I I i I I I I I I I I I II I I I I I I I I II I I I I I i I II I TOTAL BID 1 $92,750.00 I $41,600.00 1 • $ 68,500.00 I $72,100.00 1 $65,780.00 II $28,450.00 I I I I i i II I I i I I I i II 1 BID BOND SUBMITTED 1 107 1 LOT I 101 1 101 NTH $7,900 I 101 II I I i I I I II -NOTE: Conditional BLd CITY 6301 SHINGLE CREEK PARKWAY OF B D ®O F �T�►T BROOKLYN CENTER, MINNESOTA 55430 1J it j� j lqJ TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 29, 1988 RE: Well No. 8 - Update Explanation /Past Actions • In August, 1988, an inspection of Well No. 8 indicated that some type of collapse had occurred in the well cavity (i.e., the open part of the well which lies below the end of the well casing - within the water - bearing "Jordan" sandstone aquifer, which extends from a depth of 241 feet below the surface to a depth of 311 feet at this location). Based on our evaluation of conditions at that time, a decision was made to operate that well on an emergency basis, if needed, until the end of the heavy water demand which resulted from the drought conditions which prevailed during the summer of 1988. • On September 26, the well was taken out of service, the pump was removed and the well was televised. • A detailed report dated October 6, 1988, was submitted to the City Council on October 10. In that report it was noted that this well which was - constructed in 1977 has a history of recurring problems, requiring special rehabilitation work in 1979, in 1985, in June of 1987, and in January of 1988. On October 24, the City Council, based on our recommendations, approved "Phase I" work (i.e., installation of a grout seal in the roof of the cavity) at a cost of $14,631.25 and awarded a contract for proposed "Phase II" work (i.e. - bailing loose materials out of the cavity) at a cost of $11,290 based on estimated quantities and unit prices as submitted by the low bidder). At that time, we expected that completion of "Phase II" would allow this well to be returned to service. o Work under the "Phase II" contract proceeded until November 9, at which time it became obvious that the project could not be completed as planned because Page Two December 29, 1988 conditions found in the well cavity were greatly different than what was anticipated. Accordingly, that contract was terminated, based on a negotiated close -out price of $7750 (vs. the contract amount of $11,290). o On November 21, I presented a report to the City Council in which I advised the Council that,.after consultations with the well drilling contractor, with our staff, and with Short - Elliott - Hendrickson (SEH) (a consulting engineering firm with expertise in this type of work, whom we contacted for assistance when our Phase II plans failed), we had concluded that the soil conditions which exist in the cavity of this well are such that we cannot expect the walls of this cavity to stabilize." Accordingly, I reported that the recommended alternative to an open cavity well is to install a large screen into the cavity, then to fill the entire cavity outside of that screen with a gravel pack." In that report I also estimated that the costs for this work were estimated to be " in the order of $125,000 to $150,000," that "upon completion, the well (would be) fully stabilized requiring only minimal infrequent maintenance of the screen" and that the costs for abandoning this well and constructing a new well are estimated at $650,000. Based on my recommendation, the City Council, on November 24, accepted a proposal from SEH to provide engineering services relating to the rehabilitation plan. The estimated costs for SEH's services are $9300, with a not -to- exceed maximum of $14,000. Update on Evaluation of Existing Conditions and Proposed Rehabilitation Method Since receiving approval to proceed with their work, SEH has thoroughly reviewed the history of this well, and all available information regarding it. Based on their evaluation, SEH has advised us that: 1. In their opinion, the installation of a well screen would provide a permanent stabilized well which would allow the well to operate at a slightly reduced capacity for some period of time. However, based on their evaluation of the available information, there is a significant probability that the capacity of the well would gradually decrease due to encrustation of the "gravel pack" - and that once such encrustation occurs, it would be impossible to correct. Accordingly, SEH estimates that over, a period of 10 to 20 years the capacity of this well could be reduced by 25% to 50% (from its present operating capacity of 1550 gallons per minute). 2. It is their opinion that the most cost - effective alternative is to rehabilitate the open cavity of the well, and to operate it at a reduced capacity which, hopefully, will prevent additional cave -ins. No accurate forecast can be made without partial rehabilitation, test - pumping and testing the well. However, SEH believes that it is probable that the well Page Three December 29, 1988 can be operated at about 1000 to 1200 gallons per minute without major collapse of the well cavity. 3. That the costs for this alternative approach to rehabilitation of the well will be between $15,000 and $30,000, depending on the amount of loose materials which must be bailed out of the cavity to achieve stability. Recommendation Based on the above -noted information, I have directed SEH to prepare plans and specifications for a contract, based on the alternative "open cavity /reduced capacity" approach. I recommend that the City Council adopt a resolution approving these plans and specifications so that we may proceed to advertise for bids - to be received on January 19, and presented to the City Council for consideration on January 23. As prepared, the plans and specifications would provide for a contract which would cover the full amount of the work to be completed, but allow the City to delete portions of the work if it is found that: 1. The desired conditions can be developed without completely bailing out the entire cavity; or 2. test pumping results indicate that the well cannot safely produce at least 1000 gallons per minute. Accordingly, we estimate that the total bids received will be in the range of $30,000. However, up to $15,000 of that cost can be deleted if either of the two noted conditions occur. Summary This project has developed into a very complex and frustrating situation. No guarantees can be given as to the results of any approach. However, based on our current evaluation, I believe that it is proper to proceed with the approach described above - expending $15,000 to $30,000 to rehabilitate this well to hopefully produce approximately 1000 gallons per minute. In the event this approach fails to produce the expected results, I would then recommend consideration of two options, i.e.: Option 1 - abandonment of this well and construction of a new well; or Option 2 - extension of this well into the "Hinckley" aquifer which lies approximately 100 to 150 feet deeper than the Jordan aquifer. Page Four December 29, 1988 Either of those options would be very costly. Accordingly, I recommend that the Council approve the plans and specifications for the project described above. While offering no guarantees, I am optimistic that this approach will yield acceptable results; and it is my opinion that this is the "best bet" for a cost - effective solution. Respect ully submitted, G Sy Kna pP , Director of Public Works I CITY OF BROOKLYN CENTER Council Meeting Date 1/23 /Sq Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF I -694 WITHIN THE CORPORATE LIMITS OF THE CITY OF BROOKLYN CENTER DEPT. APPROVAL: * * * * * * * * * * * *** AP * * * * *R * * * *OR* *O** PUBLIC ,r * WORKS * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: �9 No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes MNDOT has submitted a set of plans and specifications covering the final contract for improvement of I -694 between Brooklyn Boulevard and the • Mississippi River, with a request for approval of those plans and specifications to allow them to proceed with a February 24, 1989 bid opening date. Attached hereto is a memo outlining the major issues relating to construction details and traffic provisions on this project. City staff recommends approval of the plans and specifications. City Council Action Required Adoption of the attached resolution. • Member introduced the following resolution and moved its adoption: 9i (Revised) RESOLUTION N0. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF I -94 WITHIN THE CORPORATE LIMITS OF THE CITY OF BROOKLYN CENTER WHEREAS the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 392, renumbered as Trunk Highway No. 94, within the corporate limits of the City of Brooklyn Center, from the West Corp. limits to 1000 ft W of TH 252; and seeks the approval thereof;. NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby are approved including the elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. 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. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF I -694 WITHIN THE CORPORATE LIMITS OF THE CITY OF BROOKLYN CENTER WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 393, renumbered as I -694, within the corporate limits of the City of Brooklyn Center, (State Project Numbers 2786 -85, 2781 -340, and 2787 -21); and seeks the approval thereof; and I WHEREAS, any grading or filling required by this project is deemed to be consistent with the requirements of the Interim Development Regulations for the Mississippi River Corridor Critical Area administered by the Minnesota Environmental Quality Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that said plans and special provisions for the improvement of said Interstate within said corporate limits of the City, be and hereby are approved including the elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Interstate, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said Interstate. 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 BROOKLYN CENTER, MINNESOTA 55430 1 r m r TELEPHONE 561 -5440 EN 1 L R EMERGENCY - POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 18, 1989 RE: MNDOT Plans and Specifications for the Improvement of I -694 MNDOT has submitted a set of plans and specifications covering the final contract for improvement of I -694 between Brooklyn Boulevard and the Mississippi River, with a request for approval of those plans and specifications to allow them to proceed with a February 24, 1989 bid opening date. Because these documents are so massive, it is not possible for our department to do a complete review of every detail regarding this project. Accordingly, we have chosen to meet with MNDOT representatives to review and discuss areas which we believe to be of most concern to the City of Brooklyn Center. Based on that discussion, we note the following: Note 1 - The basic plan (as approved by the City Council on 6/23/86) provides for the development of three through lanes in each direction of I -694 between Brooklyn Boulevard and I -35W. In addition, the project provides for pavement rehabilitation from Brooklyn Boulevard westerly to West Broadway in Brooklyn Park. Also, the plan incorporates a large number of changes to interchange ramps, acceleration and deceleration lanes, etc. A sketch layout plan of the entire project from West Broadway to the T.H. 252 interchange is attached hereto (Exhibit A). Note 2 - One design element which has been incorporated into the plan is the construction of a storm water detention pond on the south side of I -694, just east of Xerxes Avenue - in the area where the former access ramp from Xerxes Avenue to eastbound I- 94/694 was located (see Exhibit B). To allow construction of this pond, the plan also provides that the noise mound which currently exists adjacent to I- 94/694 be removed, and that a new noise mound be constructed along the south side of that detention pond (i.e., immediately behind the lots in the Earle Brown p 1966 /LL-AMERILI QfY 4t M S w" Page Two January 18, 1989 1st Addition - the houses on the north side of the 66th Avenue cul -de -sac). All of this work will be accomplished within existing MNDOT -owned right -of -way. Note 3 - The plan includes removal of the existing Xerxes Avenue bridge over I- 94/694 and construction of a new longer bridge to accommodate the additional lanes on I- 94/694 at this location. In addition to being longer, the new bridge will also be wider than the existing one, i.e., it will have a curb -to -curb width of 38 feet to provide for two traffic lanes (one in each direction), and bicycle lanes on the roadway, and a sidewalk for pedestrians on both sides of the bridge. Removal of the old Xerxes Avenue bridge and construction of the new bridge will be accomplished during 1989, with completion specified by October 31, 1989, with a $5000 per day liquidated damages clause for failure to meet this completion date. Note 4 - At the Shingle Creek Parkway interchange, the project will require closing "Loop B" (the off ramp from eastbound I- 94/694 to Shingle Creek Parkway) for a period of time to allow reconstruction of the through lanes and ramp terminal. The specifications provide that this work shall be completed within 22 working days (5 to 6 weeks), with a $1000 /day liquidated damages clause for failure to meet this schedule. During the time this ramp is closed, the contractor will be required to provide a large changeable message sign in advance of the Brooklyn Boulevard interchange with the message "Shingle Creek Parkway Closed - Use Brooklyn Boulevard Exit ". It is anticipated that this portion of the project will be constructed in the summer of 1990. Note 5 - Also at the Shingle Creek interchange, the project will require closing "Ramp C" (the on ramp from Shingle Creek Parkway to eastbound I -94 to Minneapolis) to allow reconstruction of the through lanes and ramp terminal. The specifications provide that this work shall be completed in 26 working days (6 to 7 weeks) with a $1000 per day liquidated damages clause for failure to meet this schedule. During the time this ramp is closed, the contractor will post "Use Alternate Routes" signs (i.e., no designated detour). Page Three January 18, 1989 It is anticipated that this portion of the project will be constructed in the summer of 1990. Note 6 - The most severe traffic restrictions will occur during the early summer of 1989, while the contractor completes pavement rehabilitation work on the section of I- 94/694 between Brooklyn Boulevard and West Broadway. During that work the contractor will be allowed to restrict traffic to "one -lane operation" in both directions, for 8 working days (approximately 1 1/2 to 2 weeks) provided he operates on a 24 -hour continuous work basis. The specifications provide a $5000 per day liquidated damages clause for failure to reopen the highway to two -lane operation within the 8 working days - in each direction. The specifications also provide that this work must be done on a one -shot basis, i.e., when the highway is reopened to two -lane traffic, it may not again be returned to one -lane traffic. Note 7 - Under this contract and other contracts already awarded by MNDOT, all entrance ramps to I -694 will be metered and controlled through integration into MNDOT's Traffic Management System. Note 8 - All work on this project is specified for completion by August 3, 1990. Note 9 - All costs for work on this project will be paid by MNDOT, using MNDOT and Federal Aid Primary funding. Note 10- The following MNDOT representatives will attend the 1/23/89 City Council meeting to discuss this project in more detail, and to answer questions: Mr. Glen Ellis - Final Design Engineer Mr. Bob Kozel - Project Construction Engineer Recommendation: A resolution approving the plans and specifications is provided for consideration by the City Council. Respectfully submitted, Sy K app Director of Public Works III J 'i BEG. S.P. 2786 -85 (T.H. 94) H. 94 L OR E.B. 1079 +82 REF. POST 221 Tel a OR E,B�11. +4.0. , 22ST 2 MIL IE _ - ---�---_= y---'-- - {�^--- yO---_- -_ -- - — ma=r — -- -- __"-- --_ -_. .�.---- - ^_=-- ---�_'- - ___. -- � --- � -_ - -'---- �' - -- - -- SHEET NO 136 O O SHEET NO. 13 f Y END S.P. 2786 -85 (T.H. 94) J } BEG. S.P. 2781 -340 (T.H. 94) BEG. S.P. 2787 -21 (T.H. 694) Bp T.H. 94 L OR E.B. 1184 +19 O REF. POST 223 \"se X11 MIL hill - - SHEET SHEET N0. 76 SF/E);7N0 7 ' T.H. 9' ` \ N p . 75 T N. 137 - ... ••- � � - - ... •' SHEE O -!- ` ` ` - S}IEfTly0 7B SNfeT N0 7g ENVIRONMENTALLY SENSITIVE AREA \11'� MIL 11 !/ u END S.P. ':787 -21 (T.H. 694) )0 1111 ii 4 I I T.. 694 L W E.B. 1237 +34 H REF. POST 35 - i ft Is ;) �•8. a9� , .` \ Il, 11° ) - - NWL 252 II 4, * D. BRIDGE �, ` `� \ � � 11 11 i � � � '- =-_ _ -_- - �t - W.ByT�• 694_ l _ _ - -)- __� - -_ - -- _ = - S !. ! 400 _N• 94 - = - - _ F �{- _ _ ._ _�-- i) _ m c = - 'E. .H.69 HFeTNp 80 !s'I! Pe 1) r _ � _ l = - 1 `� SWL 252 (� .,, SE LOOP / !y I � !1 ) 1 it .- y � >< ) ,a. T g k t I fW _ RAMP C SHEET NO 84 0. S 11 T N \ U // SHE •� t 1 5 \ 1n END S.P. 2781 - 340 (T.H. 94) �� 1 4 00' 1 l � I I 11 i� � LLJJI _- _,11'1 SHEET NO. 82 94 E.B 238+62.8 )1 EXHIBIT ` - REF. POST 224 o t 1) .I 11 2781 -340 (T.H. 94) qtr 1 F sT ATE PROD. N0. 2786 - 85 (T.)(. 94) I 1 2787-21 (T 694) I -- ° I , 1 ,a 0 N XERXES AVE. L SCALE 0 CONTROLLED ACCESS % CO NTROLLE D ACCESS CONTRO ACCESS R/W ¢R 1 R/W R/W 5301 �PREMOVE 24"X 133' RCP 12APRS rc h y - T. H. , 94 L W.B. -- ^ - - - -- ---=--- - - - - -- 5302 \ - - - - - - - - - - - - - - - - - - - - - - --------------- -------------- ---------- - - - - -- -------------------- 1 190 24' X RCP+ 2 APRS. e 1195 1200 -- ----- - - - - -- -- 6018 PT. 5503 (2) --------------- -------- R 3' SEND (INCIDENTAL) cs 11 T.H. 694 L E.B. q ------- --- ------ -------- iL- - - -- 1150 +gb.65 ------- ------- - - - --- I - -- ------------------ I190--- �i - - - - -- _ --------------------------------------------- ��---------- - - - - -- --------------- ------ --- - - - --- ---------------- u r 1195 ---------------- �------------------- --------- - - - - -- 1200 ----------- ^''- = - -- ------- - - - - -- 5133 4.-I2" x 12' RCP - -- -- - -- --- 5 135 5 " t CP 12" X 17' RCP 18' X S' RCP - 6019 / . 12 ' X 13 RCP (1) 12" X 19' RCP 1 �� ---- '---- - - - - -- - -- ----------- - - - - -- - - - - -- 6ois L`ct l 16 it J i ct i, ��= - = = = == 1 ------------------------------------------- A PRON _ 51 is' 1'�p a_ 12'Xi8'RCP - - -1 LOCK (ELEY, 644.5 FINISHED. 10' TOP, 6:1 SLOPES, SOD) 1 c� ¢ 24'�C ' _' ` - REMOVE APRaa REMOVE AF+7CN.J ii 60(7 ri , ��L REMOVE - Ti) 5117 12" X )8' R ",P 2 APR. 8 6014 m ° 58'X 136' RCPA • 844.34 1 4 - L 2aPRS. W — r t T.H. 94 l � , 4_L OR - E. B. - -- ' T.H. 94 L E.B. 5304:Nii / „— 6016 8 a 1 r— PT. 5504 —�_-° \ (2) 6' BEND (INCIDENTAL) 1143+69.98 ,,� XERXES POND ;;•�— ° -� � o u_ CONTROL 6' BEND �/� .54 RELOCATED (2) 6' KENO (INCIDENTAL) / � / PT. 5506 NOISE MOUND) PT. 5506 � � r FiIV` � -�� (2) 6' BEND (INCIDENTAL) 1143.80.92 co At W SE ALGA. S PIPE fWSH 10 A A N HALL AND SEAL N11H GROUT, INCIDENTAL 10 PIPE MADE WITH MITERED PI('E OR ��. SECT IDNS. GRAVE SEE SH AND O FOR Tab B AND PROFILE. 2781 -340 (T. H. 94) EX �. 45 1� CITY OF BROOKLYN CENTER Council Meeting Date / h 3 ,e (DDDRCC) Agenda Item Number 9J REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR A POLICE DEPARTMENT MANAGING DIVERSITY TRAINING PROGRAM DEPT. APPROVAL: _ Q. 9�W� \ Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached EXPLANATION ® LISTING OF ANY PAST ACTIONS BY THE COUNCIL ON THIS ITEM None. ANY FUTURE ACTIONS BY THE COUNCIL THAT WILL BE NECESSARY None. STAFF RECOMMENDATION The City Manager and the Chief of Police determined the need for a program to train police officers in managing diversity during 1988. In 1988, there was no appropriation of funds in the budget to fund the program. However, during 1988, the Department received monies from two sources which were not anticipated and therefore not appropriated for a specific use. The City Manager had intended to recomnend to the Council that part of these monies be appropriated to fund the program. The year ended however, before the program could be established. At year end, all monies not appropriated are transferred to the fund balance (formerly known as unappropriated surplus). The program is now available and it is recommended that it be approved. Since the monies that could have been used for the program in 1988 have been transferred to the fund balance and, in accordance with the City Charter, could only be appropriated in 1989 for something which had been appropriated for in 1988 and not expended, it is recommended that the program be funded from the Unallocated Departmental Expense • Contingency Account. (The monies closed into the fund balance at 1988 year —end will still be available for appropriation in some future year budget.) SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL Adopt the attached resolution which will fund the Police Department Mananging Diversity Training Program from the Contingency Account in the 1989 General Fund Budget. q ) � Member introduced the following resolution and moved its v adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR A POLICE DEPARTMENT MANAGING DIVERSITY TRAINING PROGRAM WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, Section 7.08 of the Brooklyn Center City Charter authorizes the City Council to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, the Chief of Police and the City Manager have determined that there is a need for a managing diversity training program for the Police Depart — ment; and WHEREAS, during calendar year 1988, monies were received from both forfeited drug proceeds and a reimbursement from the Peace Officers Standards and Training (POST) Board which were available to be used for the program, but that were not appropriated nor expended for the program because the program had to be delayed until 1989 and WHEREAS, said unexpended funds remained in the fund balance at 1988 year end. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1989 General Fund Budget as follows: Increase the Appropriations for the following line items: Police Department Unit No. 31 Training Budget Account No. 4411 $4,375 Decrease the Appropriations for the following line items: Unallocated Departmental Expenses No. 80 Contingency Account No 4995 $4,375 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. MEMORANDUM TO: Paul Holmlund, Director of Finance FROM: Jim Lindsay, Chief of Police DATE: December 27, 1988 SUBJECT: Proposed Cultural Training for Police Department 1989 Attached please find a copy of a memo to Mr. Splinter regarding the funding of the proposed training. Mr. Splinter has approved the training and requested I forward the information to you to establish the appropriate transfers of money. • MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: December 16, 1988 SUBJECT: Proposed Managing Diversity Training Program I have reviewed the two proposals to provide cultural training to members of the Police Department. After reviewing the written materials and talking with both consultants, I would recommend the proposal presented by Tom Donaldson. I realize this is the more expensive package. It appears to address the problem we are experiencing. The twenty (20) hour program will be administered in four (4) hour segments over several months. The cost is eight hundred seventy five dollars ($875.00) per four (4) hours, or four thousand three hundred seventy five dollars ($4,375.00) for the twenty (20) hour program. I recommend funding the training from the following funds: 1988 forfeited drug monies $ 676.00 1988 from POST training refund 3,699.00 TOTAL $4,375.00 CITY OF BROOKLYN CENTER Council Meeting Date a 3 89 (DDDRCC) Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE GRASSFIELD REMOTE CONTROL CLUB DEPT. APPROVAL: (aj W ' Director of Finance Signature title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: -. -. (supplemental - sheets - - attached EXPLANATION LISTING OF ANY PAST ACTIONS BY THE COUNCIL ON THIS ITEM None. ANY FUTURE ACTIONS BY THE COUNCIL THAT WILL BE NECESSARY None. STAFF RECOMMENDATION The attached resolution will acknowledge a gift of $100 from the Grassfield Remote Control Club. The Club is a model airplane group that meets regularly at the Community Center. The Club's annual gift of $100 is its way of expressing its thanks for the use of the Community Center facilities. Gifts to the City can only be accepted by the City Council and if the Council accepts a gift, it must use it for the purpose designated by the donor. The donor of this gift has designated that it be used for recreation program purposes. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL Adopt the attached resolution. i qK Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING GIFT FROM THE GRASSFIELD REMOTE CONTROL CLUB WHEREAS, THE GRASSFIELD REMOTE CONTROL CLUB has presented the City a gift of one hundred dollars ($100) and has designated that it be used for recreation program purposes; and WHEREAS, the City Council is appreciative of the gift and commends the Grassfield Remote Control Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift of $100 be appropriated to the Community Center Professional Services Budget to be used for Special Events. 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. i CITY OF BROOKLYN CENTER council Meeting Date (DDDRCC) Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROPRIATING FUNDS AND AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT BY THE PUBLIC UTILITIES FUND DEPT. APPROVAL: w, KN Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets_ attached EXPLANATION • LISTING OF ANY PAST ACTIONS BY THE COUNCIL ON THIS ITEM None. ANY FUTURE ACTIONS BY THE COUNCIL THAT WILL BE NECESSARY None. STAFF RECOMMENDATION The attached resolution authorizes the purchase of two computer terminals, two printers, and two workstations for the Utility Division for billing water and sewer customers. One terminal station will replace a terminal which suddenly failed and which has been determined not to be economically feasible to repair due its age and the fact that it will not be compatible with system upgrades soon to be installed by LOGIS. The other terminal station will be added to improve the efficiency and productivity of the billing procedures. Our secretary /receptionist in the Finance Department is also the back -up billing technician for the Utility Division. She handles the majority of calls from utility customers regarding their utility bills. Presently, when she receives a telephone inquiry about a utility bill, she must leave her desk to make the inquiry on the only terminal available to the system. If the billing technician is billing, her work must be interupted for the inquiry. Adding the second work station will improve the efficiency of both persons and give quicker response to our customers making inquiries. The total cost is $2,800. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL Adopt the attached resolution. qz- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROPRIATING FUNDS AND AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT BY THE PUBLIC UTILITIES FUND WHEREAS, the City Council hereby finds and determines that, in order to provide the needed level of service relating to utility billing and general data processing operations, it is necessary to purchase additional computer equipment for use by City staff; and WHEREAS, the utility billing staff has been using a computer terminal which has failed and has been determined to not be economical to repair due to its age; and WHEREAS, it would improve the productivity and efficiency of the staff if both utility billers had a computer terminal; and NCW, THEREFORE, BE IT RESOLVED by it City Council of the City of Brooklyn Center, Minnesota, that the sum of $2,800.00 is hereby appropriated from the Public Utility Fund for the purchase of two computer terminals, two printers, and two workstations. 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 duly passed and adopted. f CITY OF BROOKLYN CENTER Council Meeting Date 1/23/89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ® ITEM DESCRIPTION: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING PURCHASE OF ONE (1) SPIN GRINDER DEPT. AP ROY f AL: `� P a Administrative Aide Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The council approved an appropriation of $5,700 in the department 69 budget for the purchase of a spin grinder. Two quotes were received. I recommend accepting the quote from North Star Turf ($5,495) for the purchase of this grinder. q l\l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) SPIN GRINDER WHEREAS, an appropriation was approved in the 1989 budget for the purchase of one (1) spin grinder; and WHEREAS, two quotations were received as follows: Company Quote North Star Turf, Inc. $5,495 MTI Distributing $5,695 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) spin grinder from North Star Turf, Inc. in the amount of $5,495 is hereby approved. 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 Counci► Meeting oate 1 L_ Agenda Item Number 2o_*,6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement and an Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage. DEPT. APPROV 1 CJ4 2 Signature - title Director of Planning and Inspecti o MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x The City Council, at its meeting on December 5, 1988, adopted the above two ordinance amendments for a first reading. The ordinance amending Chapter 7 has been offered by the City Attorney and relates to the procedure to be used by the City for nuisance abatement and the assessment of those costs. The ordinance amending Chapter 35 regarding outside storage clarifies that semi - trailers may not be used for the out of door storage of materials and equipment in the C1, CIA, C2, I -1 and I -2 zoning districts of the City. These ordinances were offered as part of a package of ordinances considered by the City Council over the past six to eight months. These ordinances were set for public hearing on January 3, but were tabled by the City Council until January 23, 1989. A question has been raised by the City Council as to whether or not the ordinance language contained in the ordinance amending Chapter 35 regarding outside storage would also include storage containers. I have reviewed this matter with the City Attorney who has indicated that storage containers would be comprehended under this ordinance amendment without any additional language and would be subject to the same requirements contained in that ordinance. He, therefore, not recommend any additional language to the ordinance amendment. Attached is a copy of pages 7 and 8 of the December 5, 1988 City Council minutes relating to these proposed ordinance amendments. It is recommended that the City Council, following its public hearing, adopt the two proposed ordinance amendments as recommended. notified in advance of the changes. The City Manager noted that even if the effective date is delayed, there will still be people who will be surprised by this ordinance. He added the usual progression is to send a letter requesting compliance, issue a warning, and then finally issue a hard tag. There was some discussion on how people would be notified of the ordinance amendment. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to amend his original motion for approving An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The amendment is to change the effective date of the ordinance to June 1, 1989. The motion passed with Councilmember Scott voting against it. Upon vote being taken on the amended original motion regarding An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance, the motion passed with Councilmember Scott voting against it. ORDINANCE NO. 88 -21 Member Gene Lhotka introduced the following ordinance and moved its adoption with the effective date of it as June 1, 1989: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance °Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as:::Public Nuisances and said this item is offered this evening for a first reading. The Director of Planning and Inspection highlighted this ordinance amendment, Councilmember Lhotka asked how the City would determine if a parking area is gravel,-because over time gravel can get washed away. There was some discussion on the use of gravel in driveways, and the City Manager suggested staff may want to look at this further. Councilmember Theis asked how fish houses would fit into this ordinance, and there was discussion of the necessity of screening fish houses from public view. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table action on An Ordinance Amending Chapter 19 of the City Ordinance by Declaring Certain Actions as Public Nuisances. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8:40 P.m. ORDINANCES (CONTINUED The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage, and he said this item is offered this evening for a first reading. He noted this ordinance amendment is a result of 12/5/88 -7- the Tires Plus case, and it would prohibit use of semitrailers for storage. Councilmember Hawes noted many gas stations store display items, such as pop anc. antifreeze, in front of their buildings and questioned the practice of this. The Director of Planning and Inspection said the ordinance allows four feet around a building for displays. Councilmember Lhotka asked about prohibiting shipping containers, and the Director of Planning and Inspection said if a shipping container is in a commercial zone, it must be screened. He added this is not included in the amendment. Councilmember Lhotka said he would like to see large storage containers included in this ordinance amendment. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for a first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage to include large storage containers as part of the ordinance amendment and setting a public hearing date of January 3, 1988, at 7:30 P.M. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement and noted this item is offered this evening for a first reading. Councilmember Lhotka expressed concern about having nuisance ordinances when they cannot be enforced, and he asked what could be done to put some teeth into the nuisance ordinance. The City Attorney said there is not an easy answer to this but noted enforcement problems are usually borderline cases. There are other cases when there is a clear violation, and the use of the nuisance ordinance is successful. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for a first reading An Ordinance Amending Chapter 7 of the City Ordinances Regarding. the Abatement of Nuisances and Assessment of the Costs of Abatement and setting a public hearing date of January 3, 1988, at 7:30 p.m. The motion passed unanimously. CONSIDERATION nr SPECIFIED LICENSES • ON -SALE INTOXICATING LIQUOR LICENSE CLASS A ($8,000 PER YEAR) There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve on -sale intoxicating liquor license class A for Red Lobster. The motion passed unanimously. ON -SALE INTOXICATING LIQUOR LICENSE CLASS B (S11 000 PER YEAR) There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve on -sale intoxicating liquor licenses class B for Applebees, Earle Brown Bowl, Green Mill Inn, Ground Round Restaurant, Days Inn, Holiday Inn, T. Wright's, and La Casita. The motion passed unanimously. ON -SALE INTOXICATING LIQUOR LICENSE CLASS C ($14,000 PER YEAR) Councilmember Scott asked what can be done about the calls the police department receives from Lynbrook Bowl, and there was some discussion about this. Councilmember Lhotka asked what the actual food percentage is at Lynbrook Bowl, and the City Manager said it is 44 %. He noted management is cooperative and calls the police department when there are problems at this location. 12/5/88 -g- CITY OF BROOKLYN CENTER lo� Notice is hereby given that a public hearing will be held on the 3rd day of January 1939 at 7:30 p. m. at the City Hall, 6301 Shingle Creek Parkwa t. t y, to consider an amendment. Chapter 7 regarding the abatement of nuisances and assessment of the costs of abatement. Auxiliary aids for handicapped p the Personnel Coordinator ersons are available upon request at least 96 hours act in advance. Please cont _ C � o ator �t 561 5440 + �o make arrangements. ORDINANCE NO. AN ORDINANCE PMENT)INC CHAPTER 7 OF THE CITY ORDINANCES CES REGARDING THE ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF ABATEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLM: Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 7 -105. NUISAINICE ABATEMENT. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and may be abated by order of the [city health officer, as provided by 1ninne30t2 Statutes, Sections 145.22 and 145.2 ?, and the cost of abatement may be assessed on the property where the nuisance was found, , s provided in said section. ] officer charged by the City M2nager with enforcement of this Section and the costs of abatement may be assessed against the property on whicrz the nuisance was found as follows: A. In all cases to which I %innesota Statutes, Sections ' i'� and�3 apply, the City shall proceed under those Sections. B. in all other cases, the officer charged with enforcement shall notify the owner of the property on which the nuisance is found in writing specifying of the nuisance and crderin g that the nuisance be abated.. Notice small be served in person or by mail. If the owner is unknown or cannot be located, notice may be served by posting it on the property. The notice shall specify the steps to be taken to abpte the nuisance and the time, not exceeding ten (10) days, within which the nuisance shall be abated. If the owner does not comply with the notice and order of the enforcement officer within the time specified therein. the City Council may, after notice to the owner and the occupant of the property, if different from the owner, and an opportunity to be heard, order that the nuisance be abated by the City. The notice of hearing shall be served in the same manner as the notice and order of the enforcement officer and shall be given at least ten (10) days before the date specified for hearing of the matter by the City Council. If notice is given by posting, at least thirty (30) days shall elapse between the date of posting and the hearing. In emergency cirC`U1n3t2nces where there is an immediate threat to the public health or safety or an immediate threat of serious property damage., the enforcing officer may provide for abating the nuisance without action of the City Council. In such a case, the enforcing officer shall reasonably attempt to notify the owner and occupant of ORDINANCE NO. the intended action and the right to appeal the determination that a nuisance exists and the order to abate the nuisance at the next regularly scheduled City Council meeting. in case of abatement of nuisances by the City, upon determination of the cost of abatement, including administrative and other related expenses, the City Clerk shall prepare and mail a bill therefor to the property owner, for the amount so determined which shall immediately be due and payable. In the event such bill is not paid by the September lst next following the abatement of the nuisance, the costs of abatement shall be levied against the property pursuant to Minnesota Statutes, Chapter 429. 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 del_etea, underline indicates new matter). CITY OF BROOKLYN CE14TER 10h Notice is hereby given that a public hearing will be held on the 3rd day of January , 1989 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 of the City Ordinances regarding outside storage. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -54I0 to make arrangements. ORDINANCE NO. fi13 ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OUTSIDE STORAGE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLL0 Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section ?5 -411. SPECIAL REQUIREMENTS III THE C1 AND C1A DISTRICTS. 1. All storage, display, service, repair or processing shall. be conducted wholly within an enclosed building. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. Section 75-412. SPECIAL REQUIREIIENTS IN C2 DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall. not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting property at ground level. Semi- trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. [except that the The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive -in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35 -800 of this ordinance. Section 35 -413. SPECIAL REQUIREMENTS IN I -1 AND I -2 DISTRICTS. 9. Outdoor Storage and Activity in the industrial park district (I -1) all production, storage, servicing, or merchandising, except off - street parking and off - street loading shall be conducted within completely enclosed buildings. Semi - trailers may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc. ORDINANCE NO. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City Council. Section 2. This ordinance shall become effective after adoption and upon thirty (?O) days following its legal publication. Adopted this day of 1985. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted underline indicates new matter). CITY OF BROOKLYN CENTER Council Meetin Date 1 .123 %� Agenda Item Number O e REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ORDINANCE VACATING PART OF A UTILITY EASEMENT IN LOT 3, BLOCK 1, RICHARDSON ADDITION DEPT. APPROVAL: T * * * * * * * * * * * *K LAPP �* D R ** T *O PUBL PUBLIC WORKS * ** * ** * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation • The plat of Richardson Park replats Richardson Addition and moves an existing lot line. There is an existing easement along that lot line which should be moved so that its location corresponds to the lot lines in the new plat line. The property is completely undeveloped so there have been no known utilities installed in the easement to be vacated. Nevertheless, notice was mailed to Northern States Power, U. S. West, Northern Cable Television, and Minnegasco. The notice asked the utility companies to notify us by January 2, 1989, if the easement should not be vacated. No utility companies have notified the City that the easement should not be vacated. The vacation is desirable because it eliminates site restrictions that would limit the development of the lots in the plat of Richardson Park. Past Action by City Countil On December 19, 1988, City Council approved the final plat of Richardson Park which replatted Richardson Addition. City Council also adopted on first reading the attached ordinance which vacates part of a utility easement in Lot 3 and sets a date for the public hearing to receive public input relative to the vacation. City Council Required 1. Hold a public hearing to receive public input relative to the vacation. 40 2. Adopt on second reading the attached ordinance. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing ill be held on the d of g y , at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part of a Utility Easement in Lot 3, Block 1, Richardson Addition. 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 VACATING PART OF A UTILITY EASEMENT IN LOT 3, BLOCK 1. RICHARDSON ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The public utility easement over, under and across the westerly 10.00 feet of Lot 3. Block 1, Richardson Addition, Hennepin County Minnesota, according to the recorded plat thereof, lying northerly of the southerly 10.00 feet of said Lot 3 and lying southerly of the northerly 10.00 feet of said Lot 3. is hereby vacated Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date i � VT-. AVE. N. 67R+. AVE. N. w , DTI I I � I � l � I \ fREEwnY gC �g I -�� FREEWAY ELVD. r 6 5 T H AVE N Z i I � Z � / Z^ j 6 U I � < 64 ?N AVE N mic MITER s. A ' CITY BALL u � SUMMIT DR. -- -- - - -- I ��. 61ST. AJE. 4 VICINITY MAP 0 600 1200 =C�OoOo���W I 5? SCALE iN SEE? BY ULT'1M.AP SHEE T 1 OF 2 I I i i NEW LINE OF LOTS 1 & 2 RICHARDSON PARK r r 10' DRAT AGE 8 U7ILI7Y EASEMENT TO BE VA ATED , , , _ I DRAINAGE & UTILITY EASEMENT VACATION RICHARDSON ADDITION i I 0 133 266 law SCALE IN FEE? PREPARED BY ULTIMAP S� EET 2 OF 2 CITY OF BROOKLYN CENTER Council Meeting Date 1/23/89 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ORDINANCE VACATING THE STREET EASEMENT IN TRACT D, REGISTERED LAND SURVEY NO. 1482 DEPT. APPROVAL: SY KNAPP RECTOR OF PUBLIC WORK MANAGER'S REVIEW /RECOMMENDATION: . No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation The replat of Richardson Addition to Richardson Park changes the right -of -way requirements. There is a street easement covering all of Tract D from Registered Land Survey 1482. This proposed vacation is appropriate if the new plat of Richardson Park is filed because the proposed plat contains a dedication of Irving Avenue which would replace the street easement. There are provisions in the proposed ordinance that prevent the inadvertent vacation of any right -of -way dedicated in Richardson Addition or in the proposed plat of Richardson Park. Past Action by Counci On December 19, 1988, City Council approved the final plat of Richardson Park, a plat which resubdivided Richardson Addition. City Council also approved on first reading the attached ordinance which vacates the street easement in Tract D, Registered Land Survey No. 1482 and sets the date for the public hearing on the vacation. City Council Action Required 1. Hold a public hearing to receive public input relative to the vacation. 2. Adopt the attached ordinance on second reading. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating the Street Easement in Tract D, Registered Land Survey No. 1482. 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 VACATING THE STREET EASEMENT IN TRACT D, • REGISTERED LAND SURVEY NO. 1482 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The street easement filed as Document No. 1329670 over, under, and across all of Tract D Registered Land Survey No 1482 Files of Registrar of Titles. Hennepin County, Minnesota is hereby vacated Section 2. The street easement vacated in Section 1 of this ordinance applies only to the easement conveyed in said Document 1329670 and shall not affect any subsequent right -of -way dedications. Section 3. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , a Mayor ATTEST: Clerk Date of Publication Effective Date 57TH. AVE. N. 67T AVE. y. -r V 1 I 1 i i I I I \ NEEWAY I I I FREEWAY 9.v0. r- 65 TH A "+ _ / Z _ 2}3 I Z u �♦ ,'�. � // 64?H AVE '+ x ♦ }\ < S�EiiTgR i ♦ �: ♦ i � �i< � 0 I ^ ♦>; Y SIT►' RALL fi W y It 4 $tiYfi DR _ 1 i I � VICINITY MAP I 0 600 1200 ll f R©0 L V _ SCAL= 1N ccE7 � � M l S l` � �'A� =J 3Y UL�'1M.A� S`�- 1 OF 2 FREEWAY BLVD. i z , i � 1 � ti 00 2 I � 1 i I 64TH AVE. N. i 1 i ' 2 3 I STREET EASEMENT VACATION 0 133 266 SCALE IN BEET (�Z(j7ER PREPARED BY ULTIMA? SHEET 2 OF 2 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of January, 1989 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Fixing Council Salaries. 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 FIXING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Effective January 1, 1991, and thereafter until legally amended the monthly salary for Councilmembers shall be $416.67 and the monthly salary for Mayor shall be $583.33. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date CITY OF BROOKLYN CENTER Council Meeting Date 1/23/89 Agenda Item Number /:�, REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 17 RELATING TO PERSONNEL *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: RXA "&nj2- Personnel Coordinator Sig ture - title :ft -". * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached _) An Ordinance Amending Chapter 17 Relating to Personnel will allow employees eligible for sick leave benefits to use the earned benefits during the employee's probationary period. The existing ordinance does not allow for this. For example, an eligible employee may have been working for the City for four months and has earned four days of sick leave. If the employee's mother were to die and the employee wanted to attend the funeral on a regular work day, the employee would have to take the day off without pay. If this were to occur after the probationary period, the employee would be able to use sick leave for the purpose of attending the funeral. The ordinance amendment would allow use of the sick leave during the probationary period for this and other situations permitted under Section 17-112 subd. 2 of h t e ordnance, as long as the leave has been earned. RECOMMENDED CITY COUNCIL ACTION Pass for a first reading An Ordinance Amending Chapter 17 Relating to Personnel and schedule a public hearing on the ordinance. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 , at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 17 relating to personnel. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 RELATING TO PERSONNEL THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 17 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 17 -106 PROBATION PERIOD. Subdivision 4 . Affects Vacation Leave Benefits. During the initial probationary period, but not during a promotional probationary period, employees will not be entitled to [sick leave or] vacation leave during the first six months of service. After six months of service employees will be entitled to [sick leave and] vacation leave, the [sick leave and] vacation leave to be accrued from the start of the probationary employment. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Council Meeting Date 1/23/89 Agenda Item Number �q REQUEST FOR COUNCIL CONSIDERATION - -�"" -- ITEM DESCRIPTION: ORDINANCE VACATING PART OF THE RIGHT -OF -WAY OF 66TH AVENUE NORTH BETWEEN WEST RIVER ROAD AND WILLOW LANE *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL,' i * * * * * * * * * * * **N * *PP�4 * DIRECTOR *OF PUBLIC WORK * * ** ** * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation • When MNDOT reconstructed 252/610 through Brooklyn Center, one element of that project was the realignment of the T.H. 252/66th Avenue intersection. With the purchase of the former Amoco station in the northeast quadrant of this intersection, the easterly leg of 66th Avenue (between new T.H. 252 and Willow Lane) was shifted northerly. As a result, the southerly portion of the "old" 66th Avenue right -of -way is no longer needed for street purposes, and the adjoining property owner, E. and H. Properties (i.e. Howard Atkins), has requested that the portion of the right -of -way not needed be vacated. We recommend that the portion of this right -of -way which lies more than 20 feet beyond the new curb line on 66th Avenue be vacated. The remaining 20 feet wide right -of -way would be adequate to allow construction of a 10 foot wide trailway while retaining a 10 foot wide boulevard area. A copy of the survey of the portion of the street proposed to be vacated is attached. Also, a proposed ordinance is provided for consideration by the City Council. Council Action Required Conduct first reading of ordinance on January 23. If approved at fiat time, the proposed ordinance will be published, notices will be sent to public utility companies, and the proposed ordinance will be scheduled for a second reading and public hearing on February 27. Final adoption of the ordinance could be considered by the City Council on that date. /d� y CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North Between West River Road and Willow Lane. 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 VACATING PART OF THE RIGHT -OF -WAY OF 66TH AVENUE NORTH BETWEEN WEST RIVER ROAD AND WILLOW LANE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The portion of 66th Avenue North, lying between West River Road and Willow Lane, and legally described as follows is hereby vacated: That part of the existing right -of -way for 66th Avenue being a portion of Lots 4 and 7. Block 1 OLSON'S ISLAND VIEW TERRACE as platted and recorded, Hennepin County. Minnesota, described as follows: Commencing at_apoint on the easterly line of said Lot 7, said point being on a line 25 feet south of and parallel with the north line of said Lot 7: thence South 85 degrees 02 minutes 05 seconds West, assumed bearing_ 13.25 feet along said parallel line to the point of beginning of the tract to be described: thence continuing South 85 degrees 02 minutes 05 seconds West 225.34 feet on said parallel line: thence North 09 degrees 12 minutes 43 seconds West 11.29 feet: thence North 80 degrees 47 minutes 17 seconds East 195.80 feet: thence southeasterly 44.50 feet on a tangential curve concave to the southwest with a radius of 28.94 feet and with a central angle of 88 degrees 05 minutes 40 seconds to the point of beginning. Said tract contains 4,233 square feet, more or less. Said tract is subject to a permanent public utility easement over all but the south 4.50 feet thereof Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. 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B LO t, N O�- .SONS ISLAl-1D VIEW TE Ri2 RGE jelA PI.aEI to EASEMEP.O.B—� -- j�� Z _ .r -226.B4-- te 13.25 L . 585 ° OZ'09 "W Z \ � Y 1 0 � I OLSON'S ISLAND VIEW TERRACE N SGAt -.E= t tNGH ZO FEET Aft 021ENTAT�05 O A Su �D AtZING� SYSTEM 8401 73rd Ave. No., Suite 63 L Brooklyn Park. 55428 -1293 Telephone (612) ) 533-7595 &ASSOCIATES Fax (612) 533 -1937 ENGINEERING SURVEYING PLANNING CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 January 24, 1989 Mr. Larry Benson Mr. Greg Sothern Northern States Power U. S. West 4501 68th Avenue 6540 Shingle Creek Pk Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Steve Von Bargen Mr. Jim Morrison Minnegasco Northern Cable Television P.O. Box 1165 6901 Winnetka Avenue North Minneapolis, MN 55440 -1165 Brooklyn Park, MN 55428 Re: Vacation of a Part of 66th Avenue North Between West River Road and Willow Lane On February 27 y 1989, the City Council of the City of Brooklyn Center will consider adoption of the attached ordinance. The ordinance vacates a portion of the existing 66th Avenue North right -of -way between West River Road and Willow Lane, as shown on the attached survey. Please review the description and determine whether you need this easement to construct, maintain, or access your existing or proposed facilities. We need your written reply by February 15, 1989, if the easement should not be vacated. If you need any additional detail, please call me at 561 -5440. Sincerely, Sy Knapp Director of Public Works Enclosures: Proposed Ordinance Vicinity Map Detail Map cc. Section 36 Vacation File root ui-uueKA M � tv CITY OF BROOKLYN CENTER council Meeting Date 1/23/89 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: JOINT MEETING WITH DISTRICT #286 SCHOOL BOARD - SETTING JANUARY 30, 1989 AS DATE DEPT. APPR gn ure e MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report rt, Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached HISTORY It has been a tradition over the years that the Brooklyn Center City Council and District #286 School S Board meet to discuss mutual problems /concerns and to update each body on the activities of the other. From an administrative point of view, these meetings have been most helpful in improving and sustaining a high level of quality communication between the two elected bodies and administrative staffs. EXPLANATION I would like to discuss with the city council tentative agenda items for the evening's discussion. I've had a conversation with Superintendent Rossi, and from their point of view they would be interested in discussing the following items related to city activity: the general increase of suburban property taxes as it relates to outstate taxes; update on community development and re- development in Brooklyn Center; update on the Earle Brown Farm; review of highway and road construction. I indicated that from my perspective a couple of topics that the city might p p y g be interested in as it relates to school district activity ere the impact of open enrollment ment and their perspective joint p p e s ect a on ' p p 1 use of athletic facilities such as the baseball fields and tennis courts. The purpose of placing this as a discussion item is to ask the council what other items they would be interested in discussing with the school so I can ass them on p to Superintendent Rossi so they can be prepared for the joint meeting. Also, if you can think of other items that the school district might be interested in hearing about, we can add them to the agenda also. RECOMMENDATION The staff is requesting a motion by the city council to establish January 30, 1989, as a special joint meeting date for the Brooklyn Center City Council and Board of District #286 at 7:30 p.m., Brooklyn Center council chambers. As council members will recall, generally the meeting is a very informal one and no formal actions are taken by either body. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 C ENT TELEPHONE 561 -5440 EN 1 ER EMERGENCY - POLICE - FIRE 911 TO: Property Owners Between Camden Avenue North and I -94, Between 55th and 56th Avenues North FROM: Sy Knapp Director of Public Works DATE: December 19, 1988 As you know, when MNDOT acquired the rights -of -way needed to build I -94 in Brooklyn Center, they acquired more property than what was needed for the purpose of building the highway. In most cases, this "surplus right -of -way" was acquired because they would have been unusable remnants to the previous owners after MNDOT acquired q and used the portions that were needed for I -94 construction. For several years we have been working with MNDOT to find a way to make these • surplus properties available to you, the adjacent property owners, at a reasonable cost. Several of you have attempted to acquire surplus MNDOT parcels which are adjacent to your properties directly from MNDOT, only to have those negotiations collapse due to excessive red tape, MNDOT appraisals of land values which roved unacceptable P ble to 0 P you, and other obstacles. Accordingly, the City has reached a verbal agreement with MNDOT which would take the following steps: Step 1 - City hires a surveyor to do a preliminary survey of all surplus parcels available. Step 2 - City then contacts property owners to advise them how much surplus land is available adjacent to their property, and to ask whether or not these property owners (i.e., you) are interested in acquiring the surplus parcel(s). Step 3 - MNDOT transfers title to all of those parcels for which the adjacent property owners have expressed an interest, to the City of Brooklyn Center. Step 4 - Upon acquiring these parcels from MNDOT, the City plats those parcels and sells them to adjoining property owners, at a cost which covers the City's costs for surveys, legal expenses, and administrative costs. _, n v' Page Two Current Status "Step 1" as described above has been accomplished. Accordingly, we are enclosing a copy of the preliminary survey which shows approximate dimensions of the surplus parcels in the vicinity of your property. Please note the following comments: • The Parcel Numbers (i.e. P -251B, P -242, P -234, P -25, P -248 T -C, etc.) are the parcel numbers which MNDOT used in acquiring the rights -of -way from the previous owners. While in most cases the boundaries of these parcels appear to be extensions of your property lines, they are not intended to commit the City to making those parcels available exclusively to the adjoining property owner(s). • The dimensions which have been shown at the boundaries of the surplus parcels are approximate at this time. MNDOT has established the following criteria for proximity of "new property lines" to their facilities: - adjacent to a noise wall: .....3 feet behind the wall - adjacent to a noise mound: .....1 foot behind the chain link fence While these property line setbacks are established for the purpose of allowing MNDOT to maintain their noise walls and fences, MNDOT has assured us that they will not object if adjoining property owners wish to extend their "side yard fences" to the MNDOT -owned wall or fence (so as to "close the gaps "). • The City intends to plat the remnant parcels as "outlots ", and to convey them to interested, adjoining property owners via quit -claim deed (after acquiring them from MNDOT). Under City Zoning Ordinance requirements, no improvements can be constructed on an "outlot ". Accordingly, if you wish to construct improvements (i.e. houses, garages, etc.) on this property, or if you wish to use this property to meet side yard, front yard or rear yard setback requirements of the zoning ordinance, you would need to replat both your present property and the outlot which you acquire before proceeding with those improvements. • Some easements will need to be retained, to allow maintenance of storm sewers and other existing utilities within the surplus property areas. (All such easements are shown on the attached survey.) The Next Step /Estimated Costs Before proceeding with the plat, we wish to ascertain your desire to acquire the parcel adjacent to your present property. Should any property owner not wish to acquire the parcel adjacent to their property, we then plan to offer it to Page Three the adjacent owner(s) so that, in the end result, the City will not retain any portion of the property other than those needed for street rights -of -way. The estimated costs for surveying, preparation of plats, preparing deeds, other legal and administrative fees will total $40,000 to $45,000. (This includes similar properties on the east side of I -94.) The estimated total area of the surplus properties available is 120,000 square feet. Accordingly, our estimated charge for these properties is $.35 to $.40 /square foot with a minimum charge of $200. The next step is up to you. Enclosed is a letter of intent for your use in advising us of your interest in these properties. Please complete and return this form to me on or before Friday, January 6, 1989. Discussion Meetings May Be Held - If Necessary For the most part, we believe this information is self- explanatory. However, there may be some cases where you feel it would be better to have a meeting with us and other property owners in your block to clarify details, or to discuss splitting of parcels in the event two or more owners are interested in the same parcel. In that event, you may wish to call me to suggest such a meeting, or you may wish to include that in your comments on the enclosed letter of intent. We would then follow up with a meeting which we consider appropriate to the issues or questions at hand. • Also, please contact me if you have any other questions or comments before you complete the letter of intent. Yours very,truly, 4 /P�x -_� Sy Knapp Enclosure cc: City Council Members Project File 1987 -21 as "LETTER OF INTENT" TO: Sy Knapp, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 In response to your December 19, 1988 letter, I (we), a.s owners of the following property: House Address Other Description: advise you of our intent as follows: I (we) have no interest in purchasing any of the surplus properties. I (we) wish to purchase the following surplus property, adjacent to our present property: Parcel No.(s) (as shown on the preliminary survey) If my (our) neighbors do not wish to purchase the surplus property(ies) adjacent to their property, I (we) would be interested in purchasing a portion or all of such parcel(s). Parcel No.(s) Comments: Other Comments: Signed by: Mailing address: Tel. No.(s) MEMORANDUM TO: Gerald G. Splinter, City Manage FROM: Jim Lindsay, Chief of Police 0 G DATE: January 10, 1989 SUBJECT: 1989 Liquor Licenses for Yen Ching Restaurant The 1989 on -sale wine and on -sale nonintoxicating malt liquor licenses for the Yen Ching Restaurant are now being placed on the agenda for council consideration. This memo is to explain the delay in getting these licenses on the agenda. The former owner, Ralph Kuo, sold the restaurant to On Thoeung effective September 15, 1988. At that time we completed a background investigation of the new owner and submitted the licenses for the remainder of 1988 for Council approval. We were informed at that time that the insurance would be transferred into the new owner's name. Shortly thereafter, we received a call from the insurance company requesting our help. Apparently, a new policy would be needed in the new owner's name. Under the state's insurance commission rules, two policies cannot be drawn for the same establishment. Therefore, they needed Mr. Kuo to cancel his policy in order to issued a policy for Mr. Thoeung. Mr. Kuo had apparently decided that keeping the insurance in his name was a way to keep a hold on the restaurant in case of problems. It took considerable time to get the problem worked out and to get a new policy to cover the end of 1988 and all of 1989 in Mr. Thoeung's name. The new certificate of insurance was received. We are therefore placing the licenses for Council consideration at this time. Licenses to be approved by the City Council on January 23, 1989: 0 BOWLING ALLEY Beacon Bowl 6525 Lyndale Ave. N. City Clerk CIGARETTE Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Modern Control 6820 Shingle Ck. Pkwy. American Amusement Arcades 850 Decatur Ave. N. Bosa Donuts 1912 57th Ave. N. Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6250 Brooklyn Blvd. Brooklyn Center Liquor #3 5711 Morgan Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Denny's Restaurant 3901 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Gift Shop, Too 1501 Freeway Blvd. Jimmy Jingle 1304 E. Lake Street Brookdale Corporate Center 6300 Shingle Ck. Pkwy. North Star Dodge 6800 Brooklyn Blvd. Palmer Lake Plaza 6860 Shingle Ck. Pkwy. TCR Corporation 1600 67th Ave. N. K -Mart 5930 Earle Brown Drive Target 6100 Shingle Ck. Pkwy. City Clerk ) FOOD ESTABLISHMENT Munch Box Snacks 6660 Shingle Ck. Pkwy. New Horizon Nursery School 1200 69th Ave. N. lt/1/L Sanitarian GASOLINE SERVICE STATION Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Green Meadows 3319 49th Ave. N. Northern States Power 4501 68th Ave. N. Super America Stations, Inc. 6545 W. River Road Super America Stations, Inc. 1901 57th Ave. N. S . West 6540 Shingle Pkwy. B Bill West's Service Center 2000 57th Ave. . N. City Clerk ITINERANT FOOD ESTABLISHMENT Boy Scout 299 6201 Scott Ave. N. Community Education 6500 Humboldt Ave. N. • '',J1 . f��Cc/Y Sanitarian LODGING ESTABLISHMENT Brookdale Motel 6500 W. River Road Budgetel Inn 6415 James Circle . Econo Lodge 6445 James Circle Holiday Inn 2200 Freeway Blvd. Northwest Residence 4408 69th Ave. N. Sanitarian „ L MECHANICAL SYSTEMS Air Flow Systems 1311 Sylvan Street McGuire Mechanical 20830 Holt Avenue Minnesota Heating and A/C 6908 Georgia Ave. N. Building Official NONPERISHABLE VENDING MACHINE �J Precision, Inc. 3415 48th Ave. N. Sanitarian POOL AND BILLIARDS TABLE American Amusement Arcades 850 Decatur Ave. N. Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. Lynbrook Bowl, Inc. 6357 N. Lilac Drive ` City Clerk PUBLIC DANCE ee Holiday Inn 2200 Freeway Blvd. City Clerk RENTAL DWELLING Renewal: Randall B. Cook 5347 Brooklyn Blvd. Director of Planning and Inspection SIGN HANGER Prowood Signs 2415 W. Industrial Blvd. �Tl 1,.Pp1'✓� City Clerk R �/ SPECIAL FOOD HANDLING ESTABLISHMENT Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6250 Brooklyn Blvd. Brooklyn Center Liquor #3 5711 Morgan Ave. N. Sanitarian GENERAL APPROVAL: i D. K. Weeks, City Clerk