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Home My WebLink About1987 08-10 CCP Regular Session Hw c CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 10, 1987 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 Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: a. July 27, 1987 - Regular Session 7. Risk Management Audit Report - Mr. John Simacek, consultant representing the American Risk Services, Inc., will present the recently completed Risk Management Audit for the City of Brooklyn Center to the Council. 8. Resolutions: *a. Accepting Work Performed under Contract 1986 - I, Storm Drainage Improvement Project No. 1986 -08 (Brooklyn Farm Area Storm Drainage) *b. Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessments for Improvement Project No. 1986 -08 (Earle Brown Farm Storm Sewer Installation) *c. Declaring Cost to be Assessed and Providing Assessments for Hearing on Proposed Improvement Project No. 1986- 20 (Earle Brown Commons Utility System) *d. Accepting Work Performed under Contract 1986 -M, Street Improvement Project No. 1986 -10 (69th /70th Avenue North between Dupont Avenue and T.H. 252) *e. Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessments for Improvement Project No. 1986 -10 (Street Improvements to 69th and 70th Avenue North) CITY COUNCIL AGENDA -2- August 10, 1987 *f. Accepting Work Performed under Contract 1987 -I Water Main Improvement Project No. 1987 -16 (Paul Drive Water Main) *g. Accepting Work Performed under Contract for Improvement Project No. 1987 -17, Emergency Repairs to Well No. 8 *h. Providing for Hearing on Proposed Assessments for Diseased Shade Tree Removal Costs, Public Utility Hookup Charges, Delinquent Public Utility Accounts, Delinquent Weed Removal Accounts, and Hazard Abatement Costs i. Accepting Bid and Approving Contract for Improvement Project No. 1985 -12, Dallas Road Repair between 72nd and 73rd Avenues North (contract 1987 -K) *j. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 8/10/87) *k. Extending Joint Cooperation Agreement - Continuation of the Urban Hennepin County Community Development Block Grant Program *1. Amending the 1987 General Fund Budget - Appropriating funds for Constitution Hall Improvement Project *m. Amending the 1987 General Fund Budget to Provide for Comparable Worth Wage and Salary Adjustments 9. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal -This amendment will allow for stronger enforcement of barking dog regulations. This item was first read on July 13, 1987, published in the City's official newspaper on July 23, 1987, and is offered this evening for a second reading. b. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Appointment of Special Police Officers -This amendment will delete the section on appointment of special police officers to make our ordinance consistent with state law. This item was first read on July 13, 1987, published in the City's official newspaper on July 23, 1987, and is offered this evening for a second reading. CITY COUNCIL AGENDA -3- August 10, 1987 C. An Ordinance Vacating Easement Along Easterly Side of Lot 4, Block 1, Earle Brown First Addition -This item was first read on July 13, 1987, published in the City's official newspaper on July 23, 1987, is offered this evening for a second reading. d. An Ordinance Amending Chapter 23 Regarding Nursing Homes and Boarding Care Homes and a Housekeeping Change to Section 23 -901 -This item will delete local control and licensing of nursing homes. This item is offered this evening for a first reading. e. An Ordinance Amending Chapter 35 Regarding Requirements for Nursing Homes -This item is offered this evening for a first reading. 10. Planning Commission Items: (7:45 p.m.) a. Planning Commission Application No. 87015 submitted by Uhde /Nelson, Inc. requesting site and building plan and special use permit approval to construct an approximate 8,000 sq. ft. office building on the vacant parcel of R5 zoned land, east of 7100 Brooklyn Boulevard (the old City hall site) -This item was recommended for approval by the Planning Commission at its July 30, 1987, meeting. b. Planning Commission Application No. 87016 submitted by Especially Women, In. requesting special use permit approval to operate a women's health club in the Brookview Plaza Shopping Center at Earle Brown Drive and Summit Drive. -This item was recommended for approval by the Planning Commission at its July 30, 1987, meeting. C. Planning Commission Application No. 87017 submitted by Earle Brown Bowl requesting site and building plan and special use permit approval to construct an addition at the Earle Brown Bowl at 6440 James Circle North for storage, dining room and entry area. -This item was recommended for approval by the Planning Commission at its July 30, 1987, meeting. 11. Discussion Item: a. 1988 Budget Levy Limitations *12. Licenses 13. Adjournment i CORRECTION The Director of Public Works stated the cost in 1986 was approximately $115,000. He stated the program is slightly smaller this year, but staff had anticipated a higher unit cost for the materials. RESOLUTION NO. 87 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -G (1987 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1987 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract 1987 -J (East Palmer Lake Trail Improvement Project No. 1987 -12). The Director of Public Works stated staff is recommending award of this contract to the low bidder, and the low bid is lower than the original estimate. RESOLUTION NO. 87 -143 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -J (EAST PALMER LAKE TRAIL IMPROVEMENT PROJECT 1987 -12) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Dissolving the Traffic Safety Advisory Committee and Establishing a Traffic Appeals Committee. Councilmember Lhotka stated he feels all appeals should be made directly to the City Council. RESOLUTION NO. 87 -144 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DISSOLVING THE BROOKLYN CENTER CITY COUNCIL'S TRAFFIC SAFETY ADVISORY COMMITTEE AND ESTABLISHING A TRAFFIC APPEALS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. PUBLIC HEARING - PROPOSED FINANCING PROGRAM FOR MULTIFAMILY HOUSING DEVELOPMENT (MARANATHA NURSING HOME) The City Manager stated a public hearing has been scheduled for this evening to approve the tax exempt financing for this project. The HRA Coordinator stated this is the same type of financing program which funded the Brookwood project and Earle Brown Commons. He went on to briefly review the criteria the Council should consider when making a final decision. Councilmember Hawes inquired if there would be any type of zoning change for this multifamily use. The Director of Planning & Inspection stated a Planning Commission application has been submitted requesting a zoning change from Rl to R6 zoning. 7 -13 -87 -5- The City Manager stated if the Council was not comfortable approving the financing before the Planning Commission's review, the public hearing could be opened and then continued to the next meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on a proposed financing program for multifamily housing development (Maranatha Nursing Home). He recognized Dave Viland, Administrator for the Maranatha Nursing Home. Mr. Viland stated the addition of the multifamily housing development would be unique because it would be attached to the nursing home. Mayor Nyquist inquired if the units in the housing development would be rented or sold. Mr. Viland stated they would be rental units. Councilmember Lhotka inquired if Brooklyn Center residents would have the first option to enter the development or if it would be open to everyone. Mr. Viland stated the development would be open to everyone. Mr. Viland then introduced Dave Wolterstorff, architect for the project. Mr. Wolterstorff went on to explain how a market feasibility study has been completed for the project, and it is anticipated the project will draw heavily from Brooklyn Center, North Robbinsdale, and Brooklyn Park residents. He went on to review the project and the individual units. Councilmember Lhotka inquired who will be assisting the residents when an emergency pull cord is used in a unit. Mr. Wolterstorff stated depending upon the time of day it could be a caretaker for the complex, or a manager, or a nurse from the nursing home itself. Mayor Nyquist inquired what the anticipated rental cost would be per month, and if this was consistent with other areas. Mr. Wolterstorff stated the rent would be $530 per month, $780 per month, or $830 per month and depending upon the type of unit that was chosen. He noted this cost includes all utilities except phone bills. Mr. Wolterstorff briefly reviewed the site plans for the building and the exterior treatments. Councilmember Scott inquired if any of the units would be wheel chair accessible. Mr. Wolterstorff stated all units are wheel chair accessible and noted they are anticipating the average age of the occupants of this development to be 75 to 85 years old. Mayor Nyquist stated he was somewhat surprised at the physical connection of the rental housing development to the nursing home. He stated he was under the impression this physical connection was not recommended. Mr. Wolterstorff stated the physical connection proves to be most beneficial especially when the rental units are for the older elderly people who like the security of being attached to a nursing home. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing for a proposed financing program for multifamily housing development (Maranatha Nursing Home) to the July 27, 1987, City Council meeting. The motion passed unanimously. RECES The Brooklyn Center City Council recessed at 8:27 p.m. and reconvened at 8:47 p.m. 7 -13 -87 -6- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 27, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also present were City Manager Gerald Splinter, City Engineer Bo Spurrier, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist noted Councilmember Theis would be absent from this evening's meeting. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Lhotka requested items 6a and 9b be removed from the consent agenda. PERFORMANCE BOND RELEASE - POND'S PLAT 5 UD CONSTRUCTION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to release the performance bond for Pond's Plat 5, UD Construction. The motion passed. PERFORMANCE BOND RELEASE - 5615 BROOKLYN BOULEVARD UHDE /NELSON There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the performance bond release for 5615 Brooklyn Boulevard, Uhde /Nelson. The motion passed. RESOLUTION NO. 87 -146 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 07/27/87) 7 -27 -87 _1_ } The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: GARBAGE AND REFUSE COLLECTOR'S VEHICLE LICENSE Hilger Transfer, Inc. 8550 Zachary Lane MECHANICAL SYSTEMS LICENSE United Heating & Air Conditioning 7909 30th Avenue N. RENTAL DWELLING LICENSE Initial: Neil Grindheim 801 Woodbine Lane North Victor & Jean Huang 3813 72nd Avenue North Renewal: Chippewa Park Investment Group Chippewa Park Apartments Irvin & Ruth Schloff 4819 Azelia Avenue North Donald Parkin 5624 Camden Avenue North Lanny and Judith Berke 5018 Ewing Avenue North Michael L. Goodwin 5134 Ewing Avenue North James & Agatha Eckman 5350 Irving Avenue North Amos Levang 4100 Lakebreeze Avenue LeRay & Keith Mortensen 4110 Lakebreeze Avenue Randy Elam 4200 Lakebreeze Avenue James & Shirley Anderson 4204 Lakebreeze Avenue James & Bobbie Simons 4210 Lakebreeze Avenue Michael & Jane Danielson 4216 Lakebreeze Avenue Northwest Bank Minneapolis 7002 Quail Circle West Robert Baltuff 5930 Xerxes Avenue North The motion passed. APPROVAL OF MINUTES - JULY 13 1987 - REGULAR SESSION Councilmember Lhotka stated he would like a correction made to the minutes of the July 13, 1987, City Council meeting. He stated on page five, the section relating to Resolution No. 87 -144, he would like it reflected in the minutes he was opposed to this resolution because he feels all appeals should be made to the City Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the July 13, 1987, City Council meeting as corrected. The motion passed. APPROVAL OF STATE HEALTH DEPARTMENT CONTRACT The City Manager stated the new language contained in the State Health Department contract accurately represents the actual practices and will require no additional effort or changes on the City's part. 7 -27 -87 -2- s There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the State Health Department contract. The motion passed. The City Manager presented a Resolution Ordering the Abatement of Nuisance and Hazardous Condition of Real Estate Existing at 6933 Brooklyn Boulevard in the City of Brooklyn Center. Councilmember Lhotka inquired if the securing and cleanup of this home would have to wait until August 5 or 6. The City Manager stated at this point there is nothing the City can legally do other than approve this resolution. He stated if the resolution were not approved this evening the City would have to wait even longer for the cleanup to begin at this residence. RESOLUTION NO. 87 -147 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITION OF REAL ESTATE EXISTING AT 6933 BROOKLYN BOULEVARD IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions. Councilmember Hawes stated it appears City staff will be doing nothing more than what has been done in the past. The City Manager stated that was correct and noted due to a change in State law only Police Officers are authorized to write citations unless specifically authorized by local City ordinance. Councilmember Scott stated this law was initiated by the Police Association because many small towns were allowing noncertified personnel to issue criminal tags. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions and to set the public hearing date for August 24, 1987, at 7:45 p.m. The motion passed. DISCUSSION ITEM PAY EQUITY IMPLEMENTATION PLAN The City Manager stated since the July 13, 1987, City Council meeting, staff has spent much time reviewing and attempting to revise the Pay Equity Implementation Plan. He stated a revised plan has been developed, and he has discussed this new plan with Councilmember Theis since he would not be present at this evening's meeting. He noted Councilmember Theis found the revised plan acceptable. The City Manager went on to briefly review the revised plan and noted this plan would be extended over a four -year period. He went on to review the letter from the Attorney's office and the proposed resolution for this evening. Councilmember Hawes inquired what the consequences would be if the City Council did not appropriate enough money for implementation during a certain year. The City Manager stated the plan could not be fully implemented if the funds were not available. He added the City Council could amend the implementation plan if 7 -27 -87 -3- r funding were not available for a particular year. Councilmember Lhotka inquired, prior to the study, where the City Manager felt the City of Brooklyn Center stood with regard to pay discrepancies. The City Manager stated the City of Brooklyn Center has always paid fairly close to market rate. He added because of the Pay Equity Act certain personnel items and adjustments have been put on hold until the findings were complete from the study. He noted not all of the changes recommended in the implementation plan can be completely attributed to the Pay Equity Act. Councilmember Lhotka stated he agrees with the Pay Equity Act in principle, but he has some concerns regarding increasing salaries substantially each year from now on. The City Manager stated City staff has tentatively set a meeting with representatives of the state and federal government to discuss the costs of implementing items mandated by the state and federal government. Mayor Nyquist inquired if the State of Minnesota has made any estimates for its cost of implementing Comparable Worth. The City Manager stated the State of Minnesota has not fully implemented the Pay Equity Act at this time. Councilmember Lhotka inquired if the City Council refuses to adopt the Pay Equity Act Implementation Plan, are there only the four consequences outlined in the City Attorney's letter. The City Attorney stated it is quite possible none of the things outlined in the letter would happen. He noted it depends on if an employee or a group of employees decided to bring legal action against the City for not adopting the plan. He added it does not seem improbable some attorneys will be out looking for work by approaching employees of those cities who have not adopted an implementation plan. He stated no other state has a Pay Equity Act, and it is near to impossible to judge what the outcome of our actions may be. Councilmember Lhotka inquired if the City Council were to approve the Pay Equity Implementation Plan and set certain conditions, would the City Council still be allowed to review other City's plans each year. The City Attorney stated by approving the Pay Equity Implementation Plan this evening the Council was not closing all available options. Mayor Nyquist stated he could not justify putting a tax bill of $1 million on the tax payers to implement this plan. The City Manager stated the City Council could pass the resolution this evening and instruct staff to investigate other concerns. He noted by adopting the plan this evening the Council will be lowering the City's chances for a lawsuit. Mayor Nyquist stated he would like to lay this item over until later in the meeting. PUBLIC HEARING - REPLACEMENT OF SIDEWALK ON CAMDEN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH The City Manager noted this is not the typical improvement hearing because no assessment is being proposed for the project. He stated after much staff review it does not appear this area qualifies for sidewalks on both sides of the street because of the low usage. He noted the City Engineer is present this evening to discuss the proposed project. The City Engineer briefly reviewed the City -wide sidewalk plan and noted all streets with sidewalks on both sides have an average daily traffic count of 7 -27 -87 -4- 3, 000 cars a day. He noted there are two exceptions to this rule those being the Northport area and the area in question this evening. He noted crossing Camden Avenue does not appear to be a hazard because there are slightly less than 1,000 cars a day in this area. The City Engineer went on to briefly review the resident survey which was conducted for this area and noted there was a greater response from the east side of the street. He stated staff feels it would be favorable to install the new sidewalk on the east side of the street because of a higher concentration of sun during the winter. The City Manager noted there would be no proposed assessments for the project, and the City crews would maintain and repair the sidewalk. Councilmember Lhotka inquired what would happen to the homes which have a service walk from the home to the sidewalk. The City Engineer stated the service walk would be extended out to the street. Mayor Nyquist opened the meeting for the purpose of a public hearing on replacement of sidewalk on Camden Avenue North between 53rd and 55th Avenues North. He recognized a resident who stated she lives on the west side of Camden Avenue. She noted she takes the bus every day to and from work. She inquired where the Council would like her to walk if the sidewalk is installed on the east side of the street. Mayor Nyquist then recognized William Andreasen, 5321 Camden Avenue North, who stated he could see no reason to extend the service walks to the curb. He also noted he believes the traffic count in the area has risen since the opening of I -94. Mayor Nyquist then recognized another resident who stated it appears most streets have the sidewalk on only one side of the street. He noted he personally does not care which side of Camden Avenue the sidewalk is installed but noted the school buses do stop on the east side of Camden Avenue and this would allow for an area for parents and younger children to wait for school buses. Mayor Nyquist recognized the first resident who spoke and she stated the entrance to the City park is on the west side of the street and many people walk on the west side of Camden Avenue to get to the park. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on replacement of sidewalk on Camden Avenue North between 53rd and 55th Avenues North. The motion passed. Councilmember Lhotka stated he agrees with the staff recommendation for installation of the sidewalk along the east side of Camden Avenue. He added staff should check with the residents on the west side of Camden Avenue with regard to extension of the service walks to the curb. RESOLUTION NO. 87 -148 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1987 -10 APPROVING SPECIFICATIONS, AND DIRECTING 7 -27 -87 -5- ADVERTISEMENT FOR BIDS (CONTRACT 1987 -L) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. PUBLIC HEARING ON PROPOSED FINANCING PROGRAM FOR MULTIFAMILY HOUSING DEVELOPMENT ( MARANATHA NURSING HOME) Mayor Nyquist stated he would reconvene the public hearing on the proposed financing program and then continue on with the three Planning Commission items submitted for the proposed project. I PLANNING COMMISSION APPLICATION NO. 87008 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME REQUESTING REZONING FROM R1 TO R6 THE WESTERLY 3.3 ACRES OF THE SITE OF THE MARANATHA NURSING HOME AT 5401 69TH AVENUE NORTH AND PLANNING COMMISSION APPLICATION NO. 87010 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A FOUR- STORY, 65 UNIT APARTMENT BUILDING ATTACHED TO THE NURSING HOME AT 5401 69TH AVENUE NORTH AND PLANNING COMMISSION APPLICATION NO. 87011 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL AT 5401 69TH AVENUE NORTH The City Manager noted all three items were considered at the Planning Commission meeting on July 16, 1987, and recommended for approval at this time. He noted the City Council should act on the Planning Commission items first and then on the financing program. The Director of Planning & Inspection referred the Mayor and Councilmembers to pages one through five of the July 16, 1987, Planning Commission minutes and the attached informational sheets with those minutes. He stated he would like to review each application and answer all questions at the end of his presentation. The Director of Planning & Inspection went on to review Application No. 87008 which requests rezoning from R1 to R6 for a portion of the property. He noted the Planning Commission originally referred this item to the Northwest Neighborhood Advisory Group for its review and comment. He stated the Northwest Neighborhood Advisory Group recommended rezoning for this project. He continued to review Application No. 87008 and the proposed resolution which would give approval for the rezoning of this land. The Director of Planning & Inspection next reviewed Application No. 87010. He noted there are no major watershed problems with this project, but the drainage plan will be subject to review and approval by the Shingle Creek Watershed Management Commission. He added a pond is proposed to be installed for aesthetic purposes. The Director of Planning & Inspection briefly reviewed the 17 conditions recommended by the Planning Commission for this application. The Director of Planning & Inspection proceeded to review Application No. 87011 7 -27 -87 -6- which requests preliminary plat approval to subdivide into two lots the parcel at 5401 69th Avenue North. He stated the common property line dividing proposed lots one and two touches the northwest corner of the existing nursing home. Since the buildings will be attached at this point, this will not present a problem. He went on to review the four conditions which the Planning Commission recommended for this item. He noted public hearings have been scheduled for all three applications, and representatives of the applicant are present this evening. Councilmember Hawes inquired if there would be trash containers for each facility. The Director of Planning & Inspection stated there would be a trash container for each facility and they have inside storage for these containers. Councilmember Lhotka inquired how many elevators were in the proposed project. Dave Wolterstorff, the architect, stated there would be one elevator in the building. Councilmember Lhotka inquired if there were any codes that regulate the number of elevators in a building. The Director of Planning & Inspection stated he was not aware of any such codes. Councilmember Lhotka stated he was concerned there would be only one elevator for 64 units of elderly housing. The Director of Planning & Inspection stated the applicant has met the minimum requirements for his building. Mr. Wolterstorff stated studies have been completed regarding the required number of elevators for elderly housing, and it has been found when looking at 50 to 85 units it is questionable whether there is a need for more than one elevator. He added there are a number of housing units located on the main floor. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 87008, 87010, and 87011. He recognized Dave Viland, Administrator for Maranatha nursing home. Mr. Viland gave a brief history of the Maranatha nursing home and went on to review the proposed project. Councilmember Scott inquired if there would be any units available for interim or short term housing. She explained these units could be used for persons who live out of town but need to live close to their hospital or clinic for therapy reasons for a short time. Mr. Viland stated no units have been set aside for this use but if units are open it could be done. Councilmember Lhotka inquired if it would be possible for Brooklyn Center residents to be given first priority in the project. The City Manager stated a condition of this type could not legally be set on the project. Mr. Viland stated he could give a good faith assurance all efforts would be made to give Brooklyn Center residents first preference to units. Councilmember Hawes inquired if the size of the elevator is large enough to accommodate a stretcher. Mr Wolterstorff, the architect, responded affirmatively and noted a hospital size elevator is being installed. Councilmember Lhotka inquired if the project would be feasible without the proposed bonding program. Mr. Viland stated the project could be feasible but, the rents would be much higher. Councilmember Lhotka inquired how much higher. Mr. Viland stated assuming a conventional loan would be given for the project, the rents could be as much as $100 a month higher. Mayor Nyquist inquired if there was any one else in the audience who wished to speak at the public hearing. There being none, he entertained a motion to close 7 -27 -87 -7- i the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 87008, 87010, and 87011 submitted by Maranatha Conservative Baptist Home. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 87008 submitted by Maranatha Conservative Baptist Home. The motion passed. RESOLUTION NO. 87 -149 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 87008 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the Zoning Ordinances Regarding Zoning Classification of Certain Land, and to set the public hearing date for August 24, 1987. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 87010 submitted by Maranatha Conservative Baptist Home subject to the following conditions: 1. Building are subject g p b�ect to review and a the Building approval b y g Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 7 -27 -87 _8_ 8. The applicant shall submit an as -built survey of the property prior to the release of the performance guarantee. 9. Fire hydrants shall be provided on the site at locations to be approved by the Fire Chief. 10. The grading and drainage plan is subject to review and approval by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 11. Plan approval acknowledges the existence of 11 trees on the site greater than 6 in diameter. If these trees are removed or die as a result of construction, they shall be replaced with new trees at least 6" in diameter. 12. The plat of the property containing the parcel for this project shall receive final approval and be filed at the County prior to the issuance of building permits. 13. The ponding area on the site shall be protected by an easement over the affected area. Said easement document shall be executed and filed with the title to the property at the County prior to the issuance of permits. 14. The applicant shall execute a covenant agreement to provide up to 35 additional parking stalls on the site upon a determination of need for such stalls by the City. Said covenant shall be filed with the title to the property at the County prior to the issuance of permits. 15. The plans shall be amended prior to the issuance of permits to indicate the following: a) Looping of the 8" water main on the site with the existing 6" line. b) Screening provisions in the southerly buffer strip shall be clearly indicated. 16. Plan approval acknowledges landscape screening in lieu of an opaque fence per Section 35 -410 subdivision 3 where the R6 zoned property abuts R1 zoned property. The landscape screening shall be Euonymus (nondwarf variety), American Cranberry or comparable shrubs capable of attaining a height of 10 to 12 feet. 17. The applicant shall enter into a standard utility maintenance agreement as approved by the City Engineer. The motion passed. There was a motion b Cou y ncilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87011 submitted by Maranatha Conservative Baptist Home subject to the following conditions: 7 -27 -87 -9- 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. Easement documents for drainage and utilities and ponding shall be executed and filed with the plat at the County. 4. A cross access agreement between Lots 1 and 2 of the proposed subdivision shall be executed and filed with the plat at the County. The motion passed. Mayor Nyquist inquired if there was anyone present in the audience who wished to address the public hearing regarding the proposed financing program for a multifamily rental housing development. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on a financing program for a multifamily rental housing development. The motion passed. RESOLUTION NO. 87 -150 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT (THE "PROJECT "), GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE FINANCING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE ISSUANCE OF REVENUE BONDS, AUTHORIZING THE SUBMISSION OF THE FINANCING PROGRAM FOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT AND FINANCING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. RECESS The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:20 p.m. PLANNING COMMISSION APPLICATION NO. 87013 SUBMITTED BY DAVID BRANDVOLD QUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL OF LAND AT 5819 BRYANT AVENUE NORTH AND PLANNING COMMISSION APPLICATION NO. 87014 SUBMITTED BY DAVID BRANDVOLD REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE AND SECTION 15 -106 OF THE SUBDIVISION ORDINANCE TO ALLOW A SINGLE - FAMILY INTERIOR LOT LESS THAN 75' IN WIDTH The City Manager noted these items were both recommended for approval by the Planning Commission at its July 16, 1987, meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages 10 and 11 of the July 7 -27 -87 -10- 16, 1987, Planning Commission minutes and the informational sheets attached with those minutes. He went on to review Application No. 87013, a request for preliminary plat approval to subdivide into two lots the parcel of land at 5819 Bryant Avenue North. He noted one of the recommended conditions is the existing garage shall be relocated with at least a 3' side yard setback onto Lot 1 prior to release of the final plat for filing. He went on to review Application No. 87014, a request for variance approval to subdivide the lot at 5819 Bryant Avenue North. He noted this was necessary because proposed Lot 2 would have a width of only 72.72 feet rather than the 75 feet required by ordinance. The Director of Planning & Inspection noted generally lot variances have been granted when two out of three lot requirements are met and the request is reasonable. He stated staff feels this request is reasonable, and the extra depth to the lot makes the area more than adequate for a single- family lot. He also noted the presence of utility stubs that have already been paid for argues persuasively for the right of the property owner to have a second lot from his property. The Director of Planning & Inspection stated there are other oversized lots along this block; however, none are as large as this particular lot, and he does not feel a precedent is being set by granting a variance for this particular lot. The Director of Planning & Inspection went on to review the conditions recommended for approval for Application Nos. 87013 and 87014. He pointed out a public hearing has been scheduled for this evening and notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 87013 and 87014. He inquired i P q f there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 87013 and 87014 submitted by David Brandvold. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Planning Commission Application No. 87013 submitted by David Brandvold subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing garage shall be relocated with at least a 3' side yard setback onto Lot 1 prior to release of the final plat for filing. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87014 submitted by David Brandvold subject to the following conditions: 1. The proposed lot has extra depth which produces ample lot area. 7 -27 -87 -11- 2. Extra water and sewer laterals have been extended to the property and have been paid for. 3. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood. 5. The extent of the variance has been minimized by creating one lot of 75' width and another of 72.72 6. The property shall be platted in accordance with the provisions of Chapter 15 of the City Ordinances. 7. An existing detached garage shall be relocated onto the proposed Lot 1 with a minimum side yard setback of 3 1 . The motion passed. DISCUSSION ITEMS REPORT FROM THE COMMITTEE FOR THE BICENTENNIAL OF THE U.S. CONSTITUTION REGARDING RENAMING THE SOCIAL HALL AS CONSTITUTION HALL Mayor Nyquist recognized Bill Lakotas, Chairman of the Bicentennial Committee. Mr. Lokatas noted his committee has met with the architect (CMA) and City staff and noted some additional recommendations have been made regarding the social hall /constitution hall. He stated these additional recommendations have brought about a cost increase from the original proposal; however, the committee will be raising additional funds to make up the deficit for these costs. The City Manager stated it is being recommended these items be implemented at this time. He stated the Constitution Committee has requested the City to make all necessary arrangements for these items and also to make full payment for the items when necessary. He added the Constitution Committee will fully reimburse the City for all costs related to these items. There was a motion by Councilmember Scott and seconded by Councilmember Hawes directing staff to prepare a resolution appropriating funds from the contingency account for the items outlined in the memorandum from the Director of Public Works. The motion passed. PAY EQUITY IMPLEMENTATION PLAN Mayor Nyquist stated the City Attorney has prepared an additional paragraph to be added to the resolution presented for this evening regarding the implementation plan. He noted it reads as follows: "BE IT FURTHER RESOLVED that the amended 1987 Employee Position and Classification Plan is approved and adopted solely for the purpose of compliance with the mandate of Minnesota Statutes, Sections 471.991 through 471.999; that adoption of said plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees after calendar year 1987; that said plan shall be subject to continuing review and 0 7 -27 -87 -12- calendar year 1987; that said plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and." There was a general consensus among Councilmembers to approve the resolution with the above stated amendment. RESOLUTION NO. 87 -151 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. OTHER BUSINESS Mayor Nyquist stated he would like to briefly discuss the Bill Kelly House which was tabled by the Planning Commission at its July 16, 1987, meeting. Mayor Nyquist stated representative Phil Carruthers was present at this meeting, and representative Carruthers spoke as though the City had some type of authority to deny or approve this use. Mayor Nyquist stated he did not agree with representative Carruthers' opinion and stated he had prepared a hand written resolution for the Council to consider this evening. He stated basically the resolution requests the legislature to open a special session to discuss and clarify the issue of state or local control for these types of uses. He stated he would like to see the City try to avoid legal action if at all possible. The City Manager stated he understands the Council's feelings of urgency in this matter but noted he did not believe it would be wise to pre -empt the Planning Commission process. He stated he would have staff and the City Attorney review the issues and have a report presenting the various options within the next week. Councilmember Hawes inquired if staff has checked into the present Bill Kelly House location. He noted he has received some comments regarding the upkeep of the present house. Councilmember Scott inquired if it would be possible for the City's police department to run some record checks through the Minneapolis police department regarding police calls for the present Bill Kelly house location. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 10:02 p.m. City Clerk Mayor 7 -27 -87 -13- 90 Member introduced the following resolution and moved its adoption: ! RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -I, STORM DRAINAGE IMPROVEMENT PROJECT NO. 1986 -08 (BROOKLYN FARM AREA STORM DRAINAGE) WHEREAS, pursuant to written Contract 1986 -I signed with the City of Brooklyn Center, Minnesota, Ryan Construction Company of Minnesota has satisfactorily completed the following improvement in accordance with said contract: BROOKLYN FARM STORM SEWER IMPROVEMENT PROJECT NO. 1986 -08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $122,354.55 $116,734.95 Change Order No. 1 $ 21,747.00 $ 21,747.00 Change Order No. 2 $ 3.120.00 $144,101.55 $141,601.95 2. The value of work performed is less than the original contract amount by $2,499.60 due to a general under estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $141,601.95. 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. Fb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVMENT PROJECT NO. 1986 -08 (EARLE BROWN STORM SEWER) WHEREAS, final construction costs have been submitted for storm sewer improvment within the Earle Brown Farm Tax Increment Finance District and final costs for said improvements are summarized as follows: Improvement Project No. 1986 -08 Contract Cost $141,601.95 Engineering Cost (Actual) 23,222.39 Administrative (1 %) 1,416.02 Legal 1,416.02 $167,656.38 AND, WHEREAS, the City Clerk, with the assistance of the Director of Public Works, has prepared a proposed assessment roll showing the proposed amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. That the portion of the cost to be assessed against benefited property owners is declared to be $125,313.02. 2. A hearing shall be held on the 14th day of September, 1987, in the City Hall at 8:00 P.M. to pass upon such assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. RESOLUTION NO. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 SPECIAL ASSESSMENT ROLL ------------------------------------------------ PROJECT INFORMATION LEVY INFORMATION ------------------- ---------------- Improvement Project No.: 1986 -08 Levy No.: 10608 Description: Drainage pond construction, storm sewer inlets Fund /Code No.: 59 -020 storm sewer outfall line fi augmentation well Levy Description: STORM SEWER (86 -08) 87 Location: Earle Brown Farm site between Summit Drive Levy runs ten (10) years and Earle Brown Drive with interest at the rate of percent. Improvement Hearing Date: Waived First payment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: NIA Date of Assessment Hearing: September 14, 1987 by Resolution No.: N/A Adopted on: Assessment District: Tr A -H, Registered Land Survey No. 1594 (now Brooklyn Farm Addition) by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: In accordance with administrative agreement Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $167,656.38 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $125,313.02 City Property: Other Public Property: Private Property: $125,313.02 CITY OF BROOKLYN CENTER EBF STORM SEWER (86 -08) MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10608 35- 119 -21 -43 -0016 03137 $63,671.64 L1 B1 BROOKLYN FARM ADDN BROOKDALE CORPORATE CENTER 900 - 2ND AVENUE SOUTH, SUITE 700 MINNEAPOLIS, MN 55402 10608 35- 119 -21 -43 -0017 03137 $61,641.38 L2 B1 BROOKLYN FARM ADDN BROOKDALE III LIMITED PARTNERSHIP 900 - 2ND AVENUE SOUTH, SUITE 700 MINNEAPOLIS, MN 55402 $125,313.02 I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1986 -20 (EARLE BROWN COMMONS UTILITY SYSTEM) WHEREAS, construction of Improvement Project No. 1986 -20 is complete and the tabulated costs for the project are: Contract $75,037.43 Technical Consultant 4,583.77 Engineering (City) 3,001.50 Administrative 750.37 Legal 750.37 Capitalized Interest 6.547.52 $90,670.96 AND; WHEREAS, it was determined that the sanitary sewer relocation costs included in Improvement Project No. 1986 -20 ($54,816.33) was not assessable and would be paid from the proceeds of the Earle Brown Farm Tax Increment District; and WHEREAS, the cost of the watermain construction has been tabulated and is summarized below: Contract $29,672.55 Technical Consultant 1,812.59 Engineering (City) 1,186.90 Administrative 296.73 Legal 296.73 Capitalized Interest 2.589.13 $35,854.63 AND; WHEREAS, in accordance with an agreement executed between the City and the developer of the Earle Brown Commons, half of the associated cost ($17,927.32) will be specially assessed and half of the associated cost ($17,927.31) will be paid from the proceeds of the Earle Brown Farm Tax Increment District; and WHEREAS, the City Clerk, with the assistance of the Director of Public Works, has prepared a proposed assessment roll showing the proposed amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law: RESOLUTION NO. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. That the portion of the cost to be assessed against benefited property owners is declared to be $17,927.32. 2. A hearing shall be held on the 14th day of September, 1987, in the City Hall at 8:00 P.M. to pass upon such assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly econded b y Y 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 SPECIAL ASSESSMENT ROLL PROJECT INFORMATION LEVY INFORMATION ------------------- ---------------- Improvement Project No.: 1986 -20 Levy No.: 10607 Description: Installation of utility systems required to Fund /Code No.: 59 -019 serve the Earle Brown Commons Levy Description: UTILITIES (86 -20) 87 Location: Between Earle Brown Drive and Summit Drive Levy runs twenty (20) years adjacent to Earle Brown Commons with interest at the rate of percent. Improvement Hearing pate: Waived First payment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 14, 1987 by Resolution No.: N/A Adopted on: Assessment District: Tr A D F S I, Registered Land Survey No. 1594 (now Tr A & B, Registered Land Survey No. 1603) by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Cost per square foot Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $90,670.96 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $17,927.32 City Property: Other Public Property: Private Property: $17,927.32 CITY OF BROOKLYN CENTER E B COMMONS UTILITIES (86 -20) MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 20 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10607 02- 118 -21 -11 -0007 03299 $9,731.46 TR B, REGISTERED LAND SURVEY 1603 EARLE BROWN COMMONS LTD PARTNERSHIP 6100 SUMMIT DRIVE BROOKLYN CENTER, MN 55430 10607 35- 119 -21 -44 -0012 03299 $8,195.86 TR A, REGISTERED LAND SURVEY 1603 EARLE BROWN COMMONS LTD PARTNERSHIP 6100 SUMMIT DRIVE 6100 SUMMIT DRIVE BROOKLYN CENTER, MN 55430 $17,927.32 I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -M, STREET IMPROVEMENT PROJECT NO. 1986 -10 (69TH /70TH AVENUE NORTH BETWEEN DUPONT AVENUE AND TH 252) WHEREAS, pursuant to written Contract 1986 -M signed with the City of Brooklyn Center, Minnesota, C.S. McCrossan, Inc. has satisfactorily completed the following improvement in accordance with said contract: STREET IMPROVEMENT PROJECT NO. 1986 -10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $214,443.15 $221,402.07 2. The value of work performed is more than the original contract amount by $6,958.92 due to a general under estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $221,402.07. 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. 0 CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: August 6, 1987 RE: 69th/70 Avenue North Between Dupont Avenue & T.H. 252 Improvement Project No. 1986 -10 Contract 1986 -M Attached is a resolution accepting work performed under Contract 1986 -M. The final costs are $6,958.92 over the original contract amount of $214,443.15. Two unforseen problems were primarily responsible for the additional cost, overrun on soil correction and the addition of temporary sidewalk. Approximately 1,200 square yards of pavement we expected to utilize had to be removed because it had insufficient structural capacity, due to poor subgrade discovered during construction. The cost of pavement removal and correcting the poor subgrade was $4,117.50. Temporary walk along 69th and 70th Avenue was installed for the safety of school children. Trunk Highway 252 construction coordination delayed the start of this project so that the permanent sidewalk was not constructed. Since the contractor had responsibility for some of the delay, the City made the contractor share the cost of installing the temporary walk. The cost of the additional walk was approximately $2,000. The balance of the increase in the contract cost was a result of under estimation and over estimation of other planned quantities. It is therefore recommended that the attached Resolution accepting the work performed under Contract 1986 -M be approved. Res e t ully submitted Approved far submittal, j; H.R. crier Sy'Knapp City E neer Director of Public Works HRS:nl WE Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVMENT PROJECT NO. 1986 -10 (STREET IMPROVEMENTS TO 69TH AND 70TH AVENUE NORTH) WHEREAS, final construction costs have been submitted for storm sewer improvement within the Earle Brown Farm Tax Increment Finance District and final costs for said improvements are summarized as follows: Improvement Project No. 1986 -10 Contract Cost $214,443.15 Engineering Cost (9 %) 19,299.88 Administration Cost 2,144.43 Legal 2.144.43 $238,031.89 AND, WHEREAS, the City Clerk, with the assistance of the Director of Public Works, has prepared a proposed assessment roll showing the proposed amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. That the portion of the cost to be assessed against benefited property owners is declared to be $16,571.00. 2. A hearing shall be held on the 14th day of September, 1987, in the City Hall at 8:00 P.M. to pass upon such assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. RESOLUTION NO. 0 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 SPECIAL ASSESSMENT ROLL ------------------------------------------------ PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1986 -10 Levy No.: 10606 Description: Intersection realignment, sidewalk and bikeway Fund /Code No.: 59 -018 construction, subgrade preparation, installation of concrete curb and gutter, and bituminous Levy Description: STREET (86 -10) 87 paving Levy runs twenty (20) years Location: 69th /70th Avenue North between Dupont and TH252 with interest at the rate of percent. Improvement Hearing Date: August 11, 1986 First a p yment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: August 11, 1986 Date of Assessment Hearing: September 14, 1987 by Resolution No.: 86 -128 Adopted on: Assessment District: Both sides of 69th Avenue from Dupont to Bryant; both sides of 70th Avenue from Dupont to TH252 by Resolution No.; Corrections, Deletions or Deferments: Method of Apportionment: Assessed in 3 zones according to benefit and previous assessment Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $238,031.89 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $16,571.00 City Property: Other Public Property: Private Property: $16,571.00 CITY OF BROOKLYN CENTER 69TH/70TH STREET PROJECT (86 -10) MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 20 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10606 25- 119 -21 -34 -0007 89104 $2,106.44 L52 AUDITOR'S SUBDIVISION NO 309 MELBA P EVANSON 800 - 69TH AVENUE NORTH 800 - 69TH AVENUE NORTH BROOKLYN CENTER, MN 55430 10606 25- 119 -21 -34 -0009 01737 $291.39 L1 B1 EVERGREEN ESTATES LAWRENCE & MARY ELLEN FLORIAN 861 - 70TH AVENUE NORTH 11625 NORTH 37TH PLACE PLYMOUTH, MN 55441 10606 25- 119 -21 -34 -0010 01737 $291.39 L2 B1 EVERGREEN ESTATES LAWRENCE & MARY ELLEN FLORIAN 857 - 70TH AVENUE NORTH 11625 NORTH 37TH PLACE PLYMOUTH, MN 55441 10606 25- 119 -21 -34 -0011 01737 $291.39 L1 B2 EVERGREEN ESTATES ROBERT W RODE 869 - 70TH AVENUE NORTH 133 KENTUCKY AVENUE SOUTH GOLDEN VALLEY, MN 55427 10606 25- 119 -21 -34 -0012 01737 $291.39 L2 B2 EVERGREEN ESTATES DAVID J RODE 865 - 70TH AVENUE NORTH 865 - 70TH AVENUE NORTH BROOKLYN CENTER, MN 55430 10606 25- 119 -21 -34 -0013 01737 $291.39 L1 B3 EVERGREEN ESTATES S RICHARD & MARILYN SILVERNESS 873 - 70TH AVENUE NORTH 8316 NORTHWOOD PARKWAY NEW HOPE, MN 55427 10606 25- 119 -21 -34 -0014 01737 $291.39 L2 B3 EVERGREEN ESTATES S RICHARD & MARILYN SILVERNESS 877 - 70TH AVENUE NORTH 8316 NORTHWOOD PARKWAY NEW HOPE, MN 55427 10606 25- 119 -21 -34 -0015 01737 $291.39 L1 B4 EVERGREEN ESTATES JAMES 6 MARY HOKANSON 881 - 70TH AVENUE NORTH 3252 ENSIGN AVENUE NORTH NEW HOPE, MN 55427 10606 25- 119 -21 -34 -0016 01737 $291.39 L2 B4 EVERGREEN ESTATES JAMES S MARY HOKANSON 885 - 70TH AVENUE NORTH 3252 ENSIGN AVENUE NORTH NEW HOPE, MN 55427 10606 25- 119 -21 -43 -0049 90063 $12,133.44 L1 B1 THOMAS CONSTR CO 2ND ADDN INVESPRO II LMTD PARTNERSHIP 407 - 70TH AVENUE NORTH 37 WEST GOLDEN LAKE ROAD CIRCLE PINES, MN 55014 $16,571.00 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -I, WATERMAIN IMPROVEMENT PROJECT NO. 1987 -16 (PAUL DRIVE WATERMAIN) WHEREAS, pursuant to written Contract 1987 -I signed with the City of Brooklyn Center, Minnesota, Volk Sewer and Water has satisfactorily completed the following improvement in accordance with said contract: PAUL DRIVE WATERMAIN IMPROVEMENT PROJECT NO. 1987 -16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $10,378.70 $8,322.32 2. The value of work performed is less than the original contract amount by $2,056.38 due to a general over estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $8,322.32. 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. 8 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT FOR IMPROVEMENT PROJECT NO. 1987 -17, EMERGENCY REPAIRS TO WELL NO. 8 WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Keys Well Drilling Company has satisfactorily completed the following improvement in accordance with said contract: WELL IMPROVEMENT PROJECT NO. 1987 -17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Well Repair Contract $12,900 $11,887.00 Change Order No. 1 $ 1,290.00 SUBTOTAL $13,177.00 Pump Repair $ 3,145.00 TOTAL $16,322.00 2. The value of work performed is more than the original contract amount by $3,422.00 due to a general under estimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $16,322.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY 0 OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: August 6, 1987 RE: Emergency Repairs to Well No. 8 Improvement Project No. 1987 -17 Attached is a resolution accepting work performed under contract for Improvement Project 1987 -17, the emergency repairs to Well No. 8. The original contract was increased to include overtime in order to expedite the repairs so that water use restrictions could be terminated sooner. The amount measured and paid for does not include the additional time the contractors spent in order to retrieve parts of the drilling equipment that dropped into the well. Other costs associated with this project are the pump repair costs. When the pump was removed from the well and inspected, eleven (11) of the seventeen (17) sections of pump column were damaged. The repair costs have also been tabulated in the Resolution. It is recommended that City Council adopt the attached Resolution excepting the work and make final payment to Keys Well Drilling Company for the work performed. Resp ctfull ubmitted, Approved or submittal, .R. rrier Sy Knapp City E`g eer Director of Public Works HRS :nl Member introduced the following resolution and moved �h its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, DELINQUENT WEED REMOVAL ACCOUNTS, AND HAZARD ABATEMENT COSTS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. A hearing shall be held on the 14th day of September, 1987 in the City Hall at 8 P.M. to pass upon the proposed assessments for the following charges: Diseased Shade Tree Removal Costs Public Utility Hookups Delinquent Public Utility Account Delinquent Weed Destruction Account Hazard Abatement Costs. 2. The City Clerk with the assistance of the City Engineer, shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. 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. ! • 0 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL ------------------------------------------------ PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1986 -04 S 1987 -06 Levy No.: 10600 Description: Cost of diseased shade tree removal to Fund /Code No.: 17 -021 those tracts or parcels where trees were removed during 1986 or 1987, by written Levy Description: TREE REMOVAL 87 -3 agreement with the property owner or by order of the City Tree Inspector at a cost of $300 or less. Location: Various City Locations Levy runs three (3) years with interest at the rate of percent. Improvement Hearing Date: N/A First payment, with property taxes payable in Improvement Ordered on: N/A 1988 shall include fifteen (15) whole months interest. by Resolution No.: N/A Date of Assessment Hearing: September 14, 1987 Assessment District: N/A Adopted on: by Resolution No.: Method of Apportionment: Direct cost, interest and administrative Corrections, Deletions or Deferments: costs assessed Cost Summary from Resolution No.: N/A TOTAL IMPROVEMENT COST: $2,964.70 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $2,964.70 City Property: Other Public Property: Private Property: $2,964.70 CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR LEVY PAGE 1 OF 2 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10600 01- 118 -21 -23 -0004 89001 $207.00 UNPLATTED 01 118 21 NORTHERN STATES POWER COMPANY 5321 FREMONT AVENUE NORTH 414 NICOLLET MALL MINNEAPOLIS, MN 55401 10600 01- 118 -21 -24 -0093 89560 $242.00 L33 LYNDALE RIVERSIDE ACRES RENATO 6 DEBORAH JAPOR 5848 BRYANT AVENUE NORTH 5848 BRYANT AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 01- 118 -21 -31 -0051 89385 $195.00 L42 GARCELON'S ADDITION TO MPLS HERBERT 6 ANN THUNDER 5535 BRYANT AVENUE NORTH 5535 BRYANT AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 01- 118 -21 -34 -0010 89225 $202.50 L5, B3 BELLVUE ACRES EDWARD M TABARA 5325 CAMDEN AVENUE NORTH 5325 CAMDEN AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 01- 118 -21 -42 -0007 89385 $177.00 L7 6 8 GARCELON'S ADDITION TO MPLS ANGELA M FIALA 5600 LYNDALE AVENUE NORTH 5600 LYNDALE AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 02- 118 -21 -41 -0004 89103 $195.00 L54 AUDITOR'S SUBDIVISION NO 218 TERRY EARL CASE 5639 HUMBOLDT AVENUE NORTH 5639 HUMBOLDT AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 02- 118 -21 -41 -0076 89580 $245.00 L9, B3 MEADOWLARK GARDENS RICHARD J ARMSTRONG 5602 LOGAN AVENUE NORTH 5602 LOGAN AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 02- 118 -21 -44 -0042 89475 $186.20 1,11, B1 HUMBOLDT ADDITION DONALD G GRIMES 5322 IRVING AVENUE NORTH 5322 IRVING AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 03- 118 -21 -42 -0017 89665 $245.00 L6, B7 PEARSON'S NORTHPORT 1ST ADDN DOROTHY M BATTA 5655 BROOKLYN BOULEVARD 5655 BROOKLYN BOULEVARD BROOKLYN CENTER, MN 55429 10600 27- 119 -21 -31 -0001 89256 $238.00 L1, B1 BOBENDRIER'S 2ND ADDN WAYNE LYSDAHL 7243 FRANCE AVENUE NORTH 7243 FRANCE AVENUE NORTH BROOKLYN CENTER, MN 55429 10600 27- 119 -21 -42 -0107 89663 $147.00 L1, B4 PLAMER LAKE TERRACE 2ND ADDN FRANK KEISLING 3625 VIOLET AVENUE NORTH 3625 VIOLET AVENUE NORTH BROOKLYN CENTER, MN 55429 10600 27- 119 -21 -43 -0023 89662 $177.00 L6, B2 NORTHBROOK MANOR 2ND ADDN CHAS J HEYWOOD 6931 DREW AVENUE NORTH 6931 DREW AVENUE NORTH BROOKLYN CENTER, MN 55429 CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 3 YEAR LEVY PAGE 2 OF 2 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10600 36- 119 -21 -12 -0031 89105 $220.00 L27 AUDITOR'S SUBDIVISION NO 310 ROBERT G MCLEAN 421 - 69TH AVENUE NORTH 421 - 69TH AVENUE NORTH BROOKLYN CENTER, MN 55430 10600 36- 119 -21 -34 -0022 89310 $288.00 L7, B2 CEDERBERG ADDN STEVEN 8 PAULA HOMAN 6100 COLFAX AVENUE NORTH 6100 COLFAX AVENUE NORTH BROOKLYN CENTER, MN 55430 $2,964.70 i ! ! CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PROJECT INFORMATION LEVY INFORMATION ------------------- Improvement Project No.: 1986 -04 6 1987 -06 Levy No.: 10601 Description: Cost of diseased shade tree removal to Fund /Code No.: 17 -022 those tracts or parcels where trees were removed during 1986 or 1987, by written Levy Description: TREE REMOVAL 87 -5 agreement with the property owner or by order of the City Tree Inspector at a cost of $300 or more. Location: Various City Locations Levy runs five (5) years with interest at the rate of percent. Improvement Hearing Date: N/A First payment, with property taxes payable in Improvement Ordered on: N/A 1988 shall include fifteen (15) whole months interest. by Resolution No.: N/A Date of Assessment Hearing: September 14, 1987 Assessment District: N/A Adopted on: by Resolution No.: Method of Apportionment: Direct cost, interest and administrative Corrections, Deletions or Deferments: costs assessed Cost Summary from Resolution No.: N/A TOTAL IMPROVEMENT COST: $3,757.00 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $3,757.00 City Property: Other Public Property: Private Property: $3,757.00 CITY OF BROOKLYN CENTER DISEASED TREE REMOVALS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 5 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10601 01- 118 -21 -13 -0040 89560 $385.00 L20 & 21 LYNDALE RIVERSIDE ACRES ASTRID E CLYMER 5834 CAMDEN AVENUE NORTH 5834 CAMDEN AVENUE NORTH BROOKLYN CENTER, MN 55430 10601 01- 118 -21 -32 -0033 89001 $354.00 UNPLATTED 10 118 21 HELEN NYLANDER 5524 GIRARD AVENUE NORTH 5524 GIRARD AVENUE NORTH BROOKLYN CENTER, MN 55430 10601 01- 118 -21 -42 -0008 89385 $636.00 L9 GARCELON'S ADDITION TO MPLS VIRGINIA HEDBERG 5530 LYNDALE AVENUE NORTH 5530 LYNDALE AVENUE NORTH BROOKLYN CENTER, MN 55430 10601 01- 118 -21 -43 -0094 90112 $470.00 OL A WILLIAM N SUPER ADDN MYRA SUPER 5445 LYNDALE AVENUE NORTH 3344 TYLER STREET NE MINNEAPOLIS, MN 55418 10601 03- 118 -21 -31 -0076 89695 $325.00 TR O REGISTERED LAND SURVEY NO 40 THEO DAUFELT 5517 EAST TWIN LAKE BLVD 5517 EAST TWIN LAKE BLVD BROOKLYN CENTER, MN 55429 10601 03- 118 -21- 34-0030 89695 $325.00 TR L REGISTERED LAND SURVEY NO 40 WILLIAM J EIDEN 5438 EAST TWIN LAKE BLVD 5438 EAST TWIN LAKE BLVD BROOKLYN CENTER, MN 55429 10601 27- 119 -21 -42 -0066 89663 $390.00 L27, B2 PALMER LAKE TERR 2ND ADDN WARREN HARDER 3712 - 72ND AVENUE NORTH 3712 - 72ND AVENUE NORTH BROOKLYN CENTER, MN 55429 10601 28- 119 -21 -41 -0005 89101 $271.00 L21 AUDITOR'S SUBDIVISION NO 57 EUGENE HOZEMPA 7235 NOBLE AVENUE NORTH 7235 NOBLE AVENUE NORTH BROOKLYN CENTER, MN 55429 10601 33- 119 -21 -44 -0036 90087 $316.00 L1, B1 WAITE'S 2ND ADDN GEORGE H MAYLEBEN 4701 - 63RD AVENUE NORTH 4901 - 63RD AVENUE NORTH BROOKLYN CENTER, MN 55429 10601 36- 119 -21 -34 -0049 89615 $285.00 L4, B2 JR MURPHEY ADDN JAMES R 6 BARBARA VONASEK 6225 BRYANT AVENUE NORTH 6225 BRYANT AVENUE NORTH BROOKLYN CENTER, MN 55430 $3,757.00 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL ------------------------------------------------ PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 10602 Description: Charges established for hookup to City Fund /Code No.: 72 -106 utility systems Levy Description: UTILITY HOOKUP 87 -10 Levy runs ten (10) years Location: Various City locations with interest at the rate of percent. Improvement Hearing Date: N/A First payment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 14, 1987 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Charges as agreed upon in Utility Hookup Agreements Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $980.00 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $980.00 City Property: Other Public Property: Private Property: $980.00 CITY OF BROOKLYN CENTER PUBLIC UTILITY HOOKUPS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 10 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10602 03- 118 -21 -24 -0057 89665 $490.00 L17, B2 PEARSON'S NORTHPORT 1ST ADD FRANK & EVELYN DODY 3806 - 57TH AVENUE NORTH 3806 - 57TH AVENUE NORTH BROOKLYN CENTER, MN 55429 10602 34- 119 -21 -42 -0004 89370 $490.00 L2, B2 FAIR MEADOWS MICHAEL WAGNER /BRIAN HASTI 6325 BROOKLYN BOULEVARD 6325 BROOKLYN BOULEVARD BROOKLYN CENTER, MN 55429 $980.00 III CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL PROJECT INFORMATION LEVY INFORMATION -- ------- -- -- - -- - -- --------------- - Improvement Project No.: N/A Levy No.: 10603 Description: Charges established for hookup to City Fund /Code No.: 72 -107 utility systems Levy Description: UTILITY HOOKUP 87 -20 I Levy runs twenty (20) years Location: Various City locations with interest at the rate of percent. Improvement Hearing Date: N/A First payment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 14, 1987 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Charges as agreed upon in Utility Hookup Agreements Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $4,707.72 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $4,707.72 City Property: Other Public Property: Private Property: $4,707.72 CITY OF BROOKLYN CENTER PUBLIC UTILITY HOOKUPS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 20 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10603 01- 118 -21 -21 -0001 89001 $3,480.51 UNPLATTED 01 118 21 BILL D GRAEN 18865 BURNS PARKWAY NW ANOKA, MN 55303 10603 03- 118 -21 -42 -0030 88529 $1,227.21 TR B REGISTERED LAND SURVEY NO 1547 UHDE /NELSON 5615 BROOKLYN BOULEVARD 3825 - 85TH AVENUE NORTH BROOKLYN PARK, MN 55443 r $4,707.72 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL ------------------------------------------------ PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 10604 Description: Delinquent Public Utility Charges Fund /Code No.: 72 -108 Levy Description: DELINQUENT PUB UTIL 87 Levy runs one (1) year Location: Various City Locations with interest at the rate of percent. Improvement Hearing Date: N/A First payment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 14, 1987 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct Costs Assessed Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $913.54 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $913.54 City Property: Other Public Property: Private Property: $913.54 I CITY OF BROOKLYN CENTER DELIQUENT PUBLIC UTILITY ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10604 01- 118 -21 -31 -0150 02331 $69.52 L5, BS MADSEN FLORAL ADDN DARLENE L WALTER 806 - 55TH AVENUE NORTH 806 - 55TH AVENUE NORTH BROOKLYN CENTER, MN 55430 10604 26- 119 -21 -44 -0079 90062 $73.44 L2, B2 TISCH'S ADDN DAVID 5 WENDY LONGEN 1708 - 69TH AVENUE NORTH 1708 - 69TH AVENUE NORTH BROOKLYN CENTER, MN 55430 10604 26- 119 -21 -41 -0060 89645 $212.94 L4, B3 NORTHLAND ESTATES 3RD ADDN JAMES 6 REBECCA MORGAN 1619 WOODBINE LANE 1619 WOODBINE LANE BROOKLYN CENTER, MN 55430 10604 28- 119 -21 -41 -0152 89327 $81.84 L3, B1 CREEK VILLAS 2ND ADDN MARY BUTTERS /MUCHTAR SAJADY 7205 PERRY COURT EAST 6921 EAST RIVER ROAD FRIDLEY, MN 55432 10604 10- 118 -21 -23 -0004 89010 $235.79 UNPLATTED 10 188 21 JOSLYN MANUFACTURING & SUPPLY CO. 4837 FRANCE AVENUE NORTH 2 NORTH RIVERSIDE PLAZA CHICAGO, IL 60606 10604 02- 118 -21 -44 -0133 89961 $109.68 L2, B1 ROCKWELL'S 2ND ADDN LAWRENCE MICKELSON 5419 HUMBOLDT AVENUE NORTH 5419 HUMBOLDT AVENUE NORTH BROOKLYN CENTER, MN 55430 10604 01- 118 -21 -32 -0047 89001 $57.17 UNPLATTED O1 118 01 GEORGE J DUNN 5650 HUMBOLDT AVENUE NORTH 5650 HUMBOLDT AVENUE NORTH BROOKLYN CENTER, MN 55430 10604 01- 118 -21 -34 -0100 89225 $73.16 L15, B4 BELLVUE ACRES SHARON K MULFORD 5345 COLFAX AVENUE NORTH 5345 COLFAX AVENUE NORTH BROOKLYN CENTER, MN 55430 $913.54 ! 0 s CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL ------------------------------------------------ PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 10605 Description: Weed Removal Costs Fund /Code No.: 01 -022 Levy Description: WEED DESTRUCTION 87 Levy runs one (1) year Location: Various City Locations with interest at the rate of percent. Improvement Hearing Date: N/A First payment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 14, 1987 by Resolution No.: N/A Adopted on: Assessment District: N/A by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct Costs Assessed Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $2,388.13 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $2,388.13 City Property: Other Public Property: Private Property: $2,388.13 CITY OF BROOKLYN CENTER DELINQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY PAGE 1 OF 3 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10605 01- 118 -21 -21 -0001 89001 $105.50 UNPLATTED 01 118 21 BILL D GRAEN 18865 BURNS PARKWAY ANOKA, MN 55303 10605 01- 118 -21 -34 -0100 89225 $111.88 L15, B4 BELLVUE ACRES SHARON MULFORD 5345 COLFAX AVENUE NORTH BROOKLYN CENTER, MN 55430 10605 02- 118 -21 -11 -0006 89791 $203.75 TR B, RLS NO 1458 RON FLETCHERILARKIN, HOFFMAN ETAL BROOK C -CW PARTNERSHIP 7900 XERXES AVENUE SOUTH 400 - 2ND AVENUE SOUTH #1100 BLOOMINGTON, MN 55431 MINNEAPOLIS, MN 55402 10605 02- 118 -21 -21 -0014 01091 $70.00 TR A, RLS NO 1529 AMERICAN PROPERTY INVESTORS BROCK HOTEL CORPORATION 666 - 3RD AVENUE 4441 WEST AIRPORT FREEWAY NEW YORK, NY 10017 IRVING, TX 75062 10605 02- 118 -21 -22 -0055 89441 $59.25 L3, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND 4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402 10605 02- 118 -21 -22 -0056 89441 $59.25 L3A, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND 4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402 10605 02- 118 -21 -22 -0057 89441 $59.25 L4, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND 4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402 10605 02- 118 -21 -22 -0058 89441 $59.25 L5, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND 4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402 10605 02- 118 -21 -22 -0059 89441 $59.25 L6, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND 4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402 10605 02- 118 -21 -22 -0060 89441 $59.25 L7, B6 HIPP'S 4TH ADDN ATA INDUSTRIES, A MN CORPORATION DAVID FELLAND 4718 - 42ND AVENUE NORTH 2800 FOSHAY BUILDING ROBBINSDALE, MN 55422 MINNEAPOLIS, MN 55402 10605 03- 118 -21 -22 -0036 89611 $135.50 OL D MOORWOOD TOWNHOUSES WHEELOCK ENTERPRISES 6205 UNIVERSITY AVENUE NE MINNEAPOLIS, MN 55432 10605 03- 118 -21 -23 -0006 89102 $55.00 L20, AUDITOR'S SUBDIVISION NO. 216 CHARLES DONNER CHARLES DONNER 210 DEERWOOD LANE NORTH 3523 PILLSBURY AVENUE SOUTH PLYMOUTH, MN 55441 MINNEAPOLIS, MN 55408 ! • 0 CITY OF BROOKLYN CENTER DELINQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY PAGE 2 OF 3 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10605 10- 118 -21 -23 -0002 89010 $40.00 UNPLATTED 10 118 21 TRI STATE LAND - SOO LINE RR CO SOO LINE BUILDING MINNEAPOLIS, MN 55440 10605 10- 118 -21 -24 -0001 89010 $40.00 UNPLATTED 10 118 21 TRI STATE LAND - SOO LINE RR CO SOO LINE BUILDING MINNEAPOLIS, MN 55440 10605 10- 118 -21 -32 -0010 89345 $55.00 L3, B1 DOVER'S LAKEVIEW ADDN WILLIAM 6 NANCY DAHLQUIST G fi J GOTTSCHALK OR JEROME FISCHER 4700 -04 LAKEVIEW AVENUE NORTH 4700 -04 LAKEVIEW AVENUE NORTH 3108 TATTING ROAD BROOKLYN CENTER, MN 55429 MATTHEWS, NC 28105 JEROME FISCHER 2516 DAYBREAK DRIVE DALLAS, TX 75252 -3032 10605 28- 119 -21 -41 -0147 90110 $55.00 L3, B2 WINGARD'S ADDN RENE JEWEL 4715 WINGARD LANE BROOKLYN CENTER, MN 55429 10605 33- 119 -21 -11 -0068 90020 $50.50 L3, B2 SODERHOLM ADDN EARL 6 HELEN BOLIER GLENN R WEBER 6825 QUAIL AVENUE NORTH 8126 EMERSON AVENUE SOUTH BROOKLYN CENTER, MN 55429 MINNEAPOLIS, MN 55420 10605 34- 119 -21 -24 -0008 89635 $175.00 L1, B1 NORTHGATE ADDN JCNJ PROPERTIES 8053 BLOOMINGTON FREEWAY MINNEAPOLIS, MN 55420 10605 34- 119 -21 -24 -0032 89635 $300.00 L1, B5 NORTHGATE ADDN NEVIN F HENCH 4201 - 66TH AVENUE NORTH BROOKLYN CENTER, MN 55429 10605 35- 119 -21 -11 -0015 00257 $85.00 TR A, RLS NO 1486 MIKE SONNACK TERRY 6 EILEEN SONNACK 3615 - 37TH AVENUE NEW #203 1676 MOORLAND DRIVE MINNEAPOLIS, MN 55412 SAN DIEGO, CA 92109 10605 35- 119 -21 -11 -0037 03257 $35.00 L1, B1 TANAMI ADDN S & G ASSOCIATES S & G ASSOCIATES % CYRIL SHEEHY 1701 -07 - 69TH AVENUE NORTH 410 IDAHO AVENUE NORTH PO BOX 64570 GOLDEN VALLEY, MN 55427 ST. PAUL, MN 55164 10605 35- 119 -21 -11 -0038 03257 $35.00 L2, B1 TANAMI ADDN S 6 G ASSOCIATES S & G ASSOCIATES % CYRIL SHEEHY 1601 - 69TH AVENUE NORTH 410 IDAHO AVENUE NORTH PO BOX 64570 GOLDEN VALLEY, MN 55427 ST. PAUL, MN 55164 10605 35- 119 -21 -23 -0004 90068 $50.50 OL G, TWIN CITIES INTERCHANGE PARK R D WELTY PO BOX 615 LA HABRA, CA 90631 CITY OF BROOKLYN CENTER DELINQUENT WEED REMOVAL ACCOUNTS MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY PAGE 3 OF 3 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10605 36- 119 -21 -13 -0031 89720 $45.00 TR D, RLS NO 678 MARVIN 5 BETTY NELSON 104 DORADO COURT PLANT CITY, FL 33566 10605 36- 119 -21 -13 -0032 89720 $45.00 TR E, RLS NO 678 MARVIN & BETTY NELSON 104 DORADO COURT PLANT CITY, FL 33566 10605 36- 119 -21 -13 -0033 89720 $45.00 TR F, RLS NO 678 MARVIN 5 BETTY NELSON 104 DORADO COURT PLANT CITY, FL 33566 10605 36- 119 -21 -13 -0107 89958 $70.00 OL A, RIVERWOOD TOWNHOMES EDWARD FUERSTENBERG EDWARD FUERSTENBERG 5516 REGIS DRIVE 5505 MATTERHORN DRIVE FRIDLEY, MN 55432 FRIDLEY, MN 55432 10605 36- 119 -21 -21 -0002 89105 $55.00 L31, AUDITOR'S SUBDIVISION NO 310 OMAR ANAS PO BOX 7582 MINNEAPOLIS, MN 55407 10605 36- 119 -21 -42 -0016 01417 $85.00 L2, B1 LYNBROOK BOWL ADDN LYNBROOK PARTNERS 850 DECATUR AVENUE NORTH GOLDEN VALLEY, MN 55427 10605 36- 119 -21 -42 -0017 01417 $85.00 L3, B1 LYNBROOK BOWL ADDN MARVIN 5 BETTY NELSON 104 DORADO COURT PLANT CITY, FL 33566 $2,388.13 ! • 0 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL ------------------------------------------------ PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 10620 Description: Hazard Abatement Fund /Code No.: 01 -023 Levy Description: HAZARD ABATEMENT Levy runs one (1) year Location: 5126 Drew Avenue North with interest at the rate of percent. Improvement Hearing Date: N/A First payment, with property taxes payable in 1988 shall include fifteen (15) whole months interest. Improvement Ordered on: N/A Date of Assessment Hearing: September 14, 1987 by Resolution No.: N/A Adopted on: Assessment District: 5126 Drew Avenue North by Resolution No.: Corrections, Deletions or Deferments: Method of Apportionment: Direct Costs Assessed Cost Summary from Resolution No.: TOTAL IMPROVEMENT COST: $7,776.43 Less Direct City Share: (Fund M.S.A.) Less Other Payments: TOTAL ASSESSED: $7,776.43 City Property: Other Public Property: Private Property: $7,776.43 0 0 0 CITY OF BROOKLYN CENTER HAZARD ABATEMENT MUNIC CODE NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLL 1 YEAR LEVY PAGE 1 OF 1 PROPERTY ASSESSED OWNER Additional Notification LEVY PROJECT PROPERTY ADDN. TOTAL Address Name Name NO. NO. IDENTIFICATION NO. NO. PRINCIPAL Addition /Legal Description Mailing Address Mailing Address 10620 10- 118 -21 -12 -0051 89540 $7,776.43 L7, B4 LINDEN SHORES ON TWIN LAKE LOUISE C BERGEE 5126 DREW AVENUE NORTH 5126 DREW AVENUE NORTH BROOKLYN CENTER, MN 55429 $7,776.43 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR IMPROVEMENT PROJECT 1985 -12, DALLAS ROAD REPAIR BETWEEN 72ND AND 73RD AVENUE NORTH (CONTRACT 1987 -K) WHEREAS, a three phase procedure has been established to repair pavement deficiencies on Dallas Road between 72nd and 73rd Avenue; and WHEREAS, Phase I has been completed and Phase II could not be completed; and WHEREAS, pursuant to an advertisement for bids for Phase III of Improvement Project No. 1985 -12, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 6th day of August, 1987. Said bids were as follows: Bidder Bid Amount Valley Paving, Inc. $53,773.81 H.L. Johnson Company $62,908.00 Preferred Paving, Inc. $64,067.00 Alber Construction, Inc. $69,045.00 WHEREAS, it appears the Valley Paving, Inc. of New Brighton, 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 $53,773.81 with Valley Paving, Inc. of New Brighton, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1985 -12 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. RESOLUTION BE IT FURTHER RESOLVED that: 1. The estimated cost of the three phases of Improvement Project No. 1985 -12 is hereby amended according to the following schedule: Estimated Phase Description Cost As Bid I Repair or replacement of currently deteriorated sections - September, 1986 $14,500.00 $12,164.00 II Monitoring and testing - May, 1987 $1,500.00 $0.00 III Reconstruction - August, 1987 Contract $40,000.00 $53,773.81 Technical Services Consultant $2,000.00 $2,000.00 Total Phase III $42,000.00 $55,773.81 ------- - - - - -- ---- - - - - -- Total Project Cost $58,000.00 $67,937.81 2. The estimated costs to be financed as follows: Estimated Cost As Bid Contractor Share of Phase I $2,500.00 $2,097.00 MSA Accounts 2611 (Restricted Reserve) $55,500.00 $65,840.81 Total Project Revenue $58,000.00 $67,937.81 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 I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY- POLICE - FIRE C ENTER 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: August 7, 1987 RE: Dallas Road Repairs Between 72nd Avenue and 73rd Avenue North Improvement Project No. 1987 -12 Contract 1987 -K Attached is a resolution accepting bid and approving Contract for Dallas Road Repairs. The work covered by the bid is the Phase III repair specified in Resolution No. 86 -158 (copy attached). This contract completes a 3 Phase program initiated in September 1986. Phase I consisted of the repair and replacement of deteriorated sections of Dallas Road between 72nd and 73rd. Phase II was intended to be monitoring and non- destructive testing. Due to the mild and unseasonably dry winter we were unable to undertake the testing anticipated in Phase II. As a result, a more conservative approach to the final rehabilitation was taken. This design revision increased the overlay from 1 1/2" to 2 1/2 ", that design revision accounted for an increase of $4,001.00 in the bid cost of Phase III work. The balance of the difference between the project bid and the estimate of Phase III work is the result of a difference in the estimated unit prices and unit bid prices. While the cost is still greater than the original estimate, the prices are reasonable given the size and difficulty of the job. The only alternative to completing this project now, would be to postpone final repairs until after adequate testing could be completed. The timing of that testing depends upon winter snow fall and spring precipitation. Waiting for these ideal conditions could have the effect of postponing these repairs It is my opinion that we are better off to complete the repairs now and complete this ro'ect. Therefore it is m P J y recommendation that the attached resolution accepting bid and approving contract for Dallas Road Repair between 72nd and 73rd Avenue North be approved. R4spe lly submitted Approve for submittal t Hr- SY apP C n e Director of Public Works 19E61LL1MFRKl Q17 �� U Wj Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST08 /10/87) WHEREAS, a Notice to Abate Nuisance and Diseased Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased shade trees on the owners' property; and WHEREAS, the City can expedite the removal of diseased shade trees by declaring diseased shade trees a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER ROBERT RICHARDSON 5213 PAUL DRIVE 206 AIDA L KNUDSON 6413 SCOTT AVENUE NO 207 ROBERT E FURRY 6325 SCOTT AVENUE NO 208 IRVIN HIGGINBOTHAM 6418 REGENT AVENUE N 209 LAWRENCE BUTLER 3201 49TH AVENUE N 210 LARRY BELL 6729 WILLOW LANE N 211 JAMES R CASHMAN 5622 EMERSON AVE N 212 EMIL V ANDREWS 5230 GREAT VIEW AVE 213 NORMAN P MORRIS 5915 ALDRICH AVE NO 214 BRIAN A PATNODE 5916 BRYANT AVE NO 215 BRUTGERS CO. INC 1121 63RD LANE 216 DONALD & M. NORDNESS 5907 ADMIRAL LANE 217 DIANE L KURTH 5830 ADMIRAL LANE 218 MARILYN OBRIEN 5831 ADMIRAL LANE 219 LESLIE G REINHARDT 5906 HALIFAX AVE NO 220 J. CHAMBERLAIN 6031 HALIFAX AVE NO 221 JAMES E ORDNER 6039 HALIFAX AVE NO 222 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. 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. gx Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXTENDING JOINT COOPERATION AGREEMENT WHEREAS, the City of Brooklyn Center, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 40416, for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEREAS, the City and the County wish to terminate the Agreement and execute a new Joint Cooperation Agreement, County Contract No. 70458, to reconstitute the Urban County for purposes of the Community Development Block Grant program. BE IT RESOLVED, that the current Joint Cooperation Agreement between the City and the County, County Contract No. 40416, be terminated effective September 30, 1987, and a new Joint Cooperation Agreement between the City and the County, County Contract No. 70458, be executed effective October 1, 1987, and`that the Mayor and the City Manager be authorized to sign the Agreement on behalf of the City. 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. OFFICE OF THE ADMINISTRATOR z� e A -2300 Government Center i= HENNEPIN Minneapolis, Minnesota 55487 �P LFLJ July 17, 1987 The Honorable Dean A. Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Nyquist: The Joint Cooperation Agreement executed by and between Hennepin County and 43 communities to establish the Urban Hennepin County Community Development Block Grant program expires October 1, 1987. To continue the program which provided over 2.6 million dollars in federal funds for local community devel- opment activities this year and over 40 million since the program began in 1975, it is necessary to execute a new agreement to cover the next three years. Provided all 43 communities execute the new agreement and therefore remain in the program, it is expected that at least another 2.6 million dollars will be made available to share in 1988. Please bring the option of participating in the program before your governing body. To do so they should act by resolution to authorize the appropriate officials to execute the accompanying three copies of the Joint Cooperation Agreement and return them to me as provided in Article III., paragraph C., along with a copy of the authorizing resolution by August 28, 1987. The Agreement is for the next three -year period for which Hennepin County qualifies as an urban county. Action on the Agreement at this time will therefore be binding for three years. Electing to execute it will make your community a partner in the Urban Hennepin County CDBG program for federal fiscal years 1988, 1989 and 1990. Electing not to execute will preclude your community from participation for the same period. Other than some formatting, there are only a few changes from the Joint Cooperation Agreement in effect since 1984. One is the inclusion of the current administrative policy limiting the number of activities to three per community per year and each to a minimum of $7,500 (exceptions are joint activities and instances where the planning allocation is less than $7,500). The new agreement also includes a new provision for crediting program income back to the community from which it originates for reprogramming to eligible and fundable activities. HENNEPIN COUNTY an equal opportunity employer July 17, 1987 Page Two Should you have any questions please contact your Hennepin County planning representative or Bob Isaacson at 348 -4544. Sincerely, O B./liGt.C,� Bruce Kurtz Deputy County Administrator enc. cc: CDBG Contact y Contract No. 70458 JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into b and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," and the CITY OF Brooklyn CPntPr hereinafter referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59; WITNESSETH; COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COUNTY secure Community Development Block Grant funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR Part 570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A. "The Act" means the Housing and Community Development Act of 1973, Title 1 of Public Law 93, 383, as amended by the Housing and Commu- nity Development Reconciliation Amendments of 1985, 42USC5301ET. B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Devel- opment. D. "Cooperating Unit" means any city or town in Hennepin County which has entered into a cooperation agreement which is identical to this Agreement, as well as Hennepin County which is a party to each Agreement. E. "Statement of Objectives and Projected Use of Funds" means the docu- ment bearing that title or similarly required statements or docu- ments submitted to HUD for authorization to expend the entitlement amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate in undertaking, or assisting in undertaking, community renewal and lower income housing activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities which will be funded from annual Community Development Block Grants from Fiscal Years 1988, 1989 and 1990. III. AGREEMENT A. The term of this Agreement is for a period commencing on the effective date of October 1, 1987, and terminating no sooner than the end of program year sixteen (XVI) covered by the Statement of Objectives and the Projected Use of Funds for the basic grant amount authorized by HUD subsequent to the effective date. B. Notwithstanding any other provision of this Agreement, this Agree- ment shall be terminated at the end of the three -year program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. C. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the office of the Hennepin County Administrator, and in no event shall the Agreement be filed later than August 28, 1987. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to under- take and carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable require- ments of the Act and the Regulations and other relevant Federal and /or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's responsi- bility to assume all obligations of an applicant under the Act, including the development of the Statement of Objectives and Projected Use of Funds pursu- ant to 24 CFR 570.300 et.se . A. COOPERATING UNIT further specifically agrees as follows: 1. COOPERATING UNIT will in accord with a COUNTY established schedule prepare and provide to COUNTY, in a prescribed form, an annual request for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Statement of Objectives. 2. COOPERATING UNIT shall use all funds received pursuant to the Agreement for each annual program within eighteen (18) months of the authorization by HUD of the basic grant amount. Expenditure period extensions may be requested in cases where the authorized activity has been initiated and /or subject of a contract. 3. COOPERATING UNIT shall use funds provided pursuant to Section V. of this Agreement to undertake no more than three (3) grant funded activities administered by the COOPERATING UNIT. Each activity shall have a budget of at least seventy -five hundred dollars ($7,500), or the total amount of the planning allocation of COOPERATING UNIT if less than seventy -five hundred dollars ($7,500). A COOPERATING UNIT may assign less than seventy -five hundred dollars ($7,500) to an activity when the activity is one that is programmed by at least one other COOPERATING UNIT and administered by only one COOPERATING UNIT on behalf of the others, provided that the total activity budget is at least seventy -five hundred dollars ($7,500). 4. COOPERATING UNIT will take actions necessary to accomplish the community development program and housing assistance goals as contained in the Urban Hennepin County Housing Assistance Plan. 5. COOPERATING UNIT shall ensure that all programs and /or activi- ties funded in part or in full by grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall in implementing all programs and /or activities funded by the basic grant amount comply with all applicable federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. 6. COOPERATING UNIT shall participate in the citizen participation process as established in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. 7. COOPERATING UNITS shall comply with all of the administrative guidelines of the COUNTY now in effect or as hereafter promulgated. 8. COOPERATING UNITS shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. B. COUNTY further specifically agrees as follows: 1. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies on an annual basis all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. 2. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of the request for funding. 3. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing assistance goals. 4. COUNTY shall upon official request by COOPERATING UNIT agree to administer local housing rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall receive ten percent (10 %) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with its opera- . tion. 5. COUNTY will, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations and HUD administra- tive directives. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under the.Act shall be allo- cated as follows: A. COUNTY shall retain ten percent (10 %) of the annual basic grant i amount for the undertaking of eligible activities. B. The balance of the basic grant amount shall be apportioned by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C of this section for the purpose of allowing the COOPERATING UNITS to make requests for the use of funds so aportioned. The allocation is for planning purposes only and is not a guarantee of funding. C. Each COOPERATING UNIT will use as a target for planning purposes an amount which bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERAT- ING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. D. It is the intent of this section that said planning allocation utilize the same basic elements for allocation of funds as are set forth in 24 CFR 570.4. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. VI. COUNTYWIDE DISCRETIONARY ACCOUNT A. In the event that any COOPERATING UNIT cannot commit, expend or does not request its planning allocation, or a portion thereof, pursuant to Section V of this Agreement, COUNTY will assign the unexpended or unallocated grant funds to the Countywide Discretionary Account. The assignment shall also include funds pursuant to Section IV paragraph A.2. of this Agreement. B. COUNTY will retain ten percent (10 %) of all funds placed in the Countywide Discretionary Account to defray administrative expenses. C. COUNTY will, on or before March 1 of each year, inform each COOPER- ATING UNIT of the Countywide Discretionary Account balance and will provide each COOPERATING UNIT the opportunity to make a request for use of all or a portion of the funds. VII. FINANCIAL MATTERS A. Reimbursement to the COOPERATING UNIT for expenditures for the implementation of activities funded under the Act shall be made upon receipt by the COUNTY of Summary of Project Disbursement form and Hennepin County Warrant Request, and supporting documentation. B. All funds received by COUNTY under the Act as reimbursement for payment to COOPERATING UNITS for expenditure of local funds for activities funded under the Act shall be deposited in the County Treasury. C. COOPERATING UNIT and COUNTY shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. D. COOPERATING UNIT and COUNTY agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of program income resulting from activity implementa- tion. COUNTY shall perform all audits of the basic grant amount and resulting program income as required under the Act and Regulations. E. COOPERATING UNIT shall return all program income derived from activities funded in total or part from the basic grant amount to COUNTY upon its generation, except as derived from activities with approved reolving accounts. 1. COUNTY will retain ten percent (10 %) of all program income to defray administration expenses. 2. The remaining 90 percent (90 %) of the program income shall be credited to the grant authority of the COOPERATING UNIT whose activity generated the income and be used for fundable and eli- gible Community Development Block Grant activities consistent with this Agreement. F. Should an approved activity be determined to represent an ineligible expenditure of grant funds, the COOPERATING UNIT responsible shall reimburse the COUNTY for such ineligible expense. 1. All reimbursements for ineligible expenditures shall be placed in the Countywide Discretionary Account, except as provided for in Section VII.F.2. of this Agreement. 2. When it is determined by the COUNTY that grant funds have been expended on an eligible activity and through no fault of the COOPERATING UNIT the project fails or is no longer eligible, the program reimbursement shall be treated as program income in Section VII.E. of this Agreement. VII. EXECUTION COOPERATING UNIT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on 19 , and pursuant to such approval and the proper County official having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPIN, STATE OF MINNESOTA Agreement will be legally valid and binding. By: Chairman of s County board And: • - - `' Deputy /Associate County Administrator AssisTant County Attorney_ Date: - ATTEST: Deputy County Auditor APPROVED AS TO EXECUTION: CITY OF: By: Its Assistant oun y Att orney DATE: And: Its CITY MUST CHECK ONE: The City is organized pursuant to: P1 n A� aPTnB aster Yi- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter 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, the City Council has approved certain improvements to the social hall in conjunction with renaming it Constitution Hall; and WHEREAS, the cost of these improvements is approximately $8,915. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1987 General Fund Budget as follows: Increase the Appropriations for the following line items: Community Center, Buildings Acct. No. 01- 4520 - 000 -66 $8,915 Decrease the Appropriations for the following line items: Unallocated Expenses, Contingency Acct. No. 01- 4995 - 000 -80 $8,915 BE IT FURTHER RESOLVED that the Brooklyn Center Bicentennial Constitution Committee has agreed to fully reimburse the City of Brooklyn Center for all costs incurred with these improvements. 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. gf� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS DUE TO THE 1984 MINNESOTA PAY EQUITY ACT ------------------------------------------------------------------------ WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund; and WHEREAS, on September 22, 1986 the City Council of the City of Brooklyn Center did adopt a budget for the calendar year 1987; and WHEREAS, the City Council did appropriate funds for departmental labor and fringe benefits to Unallocated Departmental Expenses (Department #80) to provide funds for 1987 salary and wage adjustments; and WHEREAS, The City Council did, on July 27, 1987, amend the 1987 Employee Position and Classification Plan for the purpose of compliance with the mandate of Minnesota Statutes, Sections 471.991 through 471.999. (The 1984 Minnesota Pay Equity Act). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to transfer $29,204 from the following Unallocated Departmental Expense (Department #80) appropriations: 01 -4100 Salaries, Regular Employees $ 26,215 01 -4142 PERA - Combined 1,114 01 -4144 Social Security 1,875 ---- - - - - -- $ 29,204; and RESOLUTION NO. Increase the following departmental or divisional appropriations in the total amount of $29,204 as follows: SALARIES SALARIES PERA REG. TEMP. COMBINED FICA DEPARTMENT OR DIVISION 4100 4130 4142 4144 TOTAL --------------------------- - - - - - -- - - - - - -- - City Manager's Office $ 2,606 110 186 2,902 Elections 320 14 23 357 Assessing Department 1,609 421 86 145 2,261 Finance Department 4,578 195 327 5,100 Police Department 3,019 3,046 257 433 6,755 Planning and Inspection Department 1,979 621 111 186 2,897 Emergency Preparedness 413 18 30 461 Animal Control 261 11 19 291 Engineering Division 1,759 75 126 1,960 Streets Maintenance Division 541 23 39 603 Recreation and Parks Administration 2,606 111 186 2,903 Community Center 1,895 80 136 2,111 Parks Maintenance Division 541 23 39 603 Total $ 19,971 6,244 1,114 1,875 29,204 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -------- -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- 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 Notice is hereby given that a public hearing ill be held on the _ 10th _ _ g day of August________ __, 1987 at ____7_30 ___ p .m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Animal Ordinance. 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 N0._____________ AN AMENDMENT TO CHAPTER 1 OF THE CITY ORDINANCES TO PROHIBIT THE DISTURBANCE CAUSED BY A BARKING, HOWLING, OR FIGHTING ANIMAL THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 1 - 110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep Oil animal [s] in any unsanitary plaee_Qr- con - ditiont_Q�_��_a_gaBHe�_�a�i eo1ne_QdQre, or in any way which constitutes a nuisance o�_ a_ d�etu�bance_�y_eaeoH_Q_�e��iag� �Q��DgL _fghti�g�_o_ot�ier_no�ee [under Chapter 19 of the City Ordinances] Q�_ to_ a��taiB_ o�_ pe�mt _e_ �.11L�QY�.�_�.L�teres LQ�_eDdange��_t�e_sa €e tY� _k�e a1.�L��_�Q��e�_eQII1�QL�� SECTION II. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this - - - - -- - day of ...................... 1987. -------------- ----------------------- Dean Nyquist, Mayor ATTEST: - - - - -- ------ - - - - -- Darlene Weeks, Clerk Date of Publication -------------------------------- Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) q6 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be 10 9 held on the __day of__ Auguat_______ __, 1987 at __ P.m. at the City Hall, 6301 Shingle Creek Parkway, to consider the deletion of an ordinance no longer used. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 23 REGARDING APPOINTMENT OF SPECIAL POLICE OFFICERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 23 of the City Ordinances is hereby amended by the repeal of the following: [APPOINTMENT OF SPECIAL POLICE OFFICERS] [Section 23 -701. APPOINTMENT OF SPECIAL POLICE OFFICERS. Whenever, in the judgment of the City Council of the City of Brooklyn Center, it shall be necessary or desirable to increase the police force of the City temporarily, the City Council is empowered to appoint "Special Police Officers ". The appointment shall designate the time for which the services are to be rendered and the place. The person appointed shall accept such appointment in writing and shall take an oath of office to be filed with the clerk. Any such appointment may be revoked with or without cause and without notice by the City Council at any time.] [Section 23 -702. AUTHORITY OF SPECIAL POLICE OFFICERS. Persons appointed special police officers have authority to serve, process and make arrests and do all acts authorized by law to preserve the public peace and order that other policemen in the City have and their duties and obligations in that regard shall be the same. It shall be unlawful for any such person to wear at any public gathering, or upon any public street or highway, or in any public place whether on or off duty a uniform or cap of the same color or appearance as that used by the regular police officers of the City of Brooklyn Center.] [Section 23 -703. SPECIAL POLICE OFFICER BADGE AND GUN. A special police officer appointed pursuant to this ordinance may wear a special police officer badge or emblem during the time and in the areas for which the appointment is made, said badge to be furnished by- -2- the City of Brooklyn Center upon payment of the sum of $10, $5 of which shall be returned to the person upon the termination of such appointment. No special police officer shall wear a gun or be otherwise armed unless such authority is included in the appointment, and such gun may be worn only during the time and in the areas for which the appointment is made. It shall be unlawful for any special police officer to wear or exhibit his badge or to wear a gun except as provided herein.] [Section 23 -704. AUTHORITY RESTRICTION. It shall be unlawful for any person commissioned as a special police officer to exercise any police authority or act as a policeman except in the place or places designated in his appointment and for such period as his appointment shall be in force.] [Section 23 -705. BOND REQUIRED. Every person appointed as a special police officer shall file with the City Clerk a corporate surety bond in the amount of $1,000 upon a form prescribed by the City at the time of filing his oath of office and written acceptance of his appointment. Such bond shall be conditioned upon the faithful discharge of the duties of the office of special police officer and upon compliance with all applicable laws and ordinances.] [Section 23 -706. REQUIREMENTS OF IDENTIFICATION. All applicants for appointment as special police officers shall submit to all reasonable regulations and requirements of the City of Brooklyn Center Police Department as the same shall relate to identification, photographing and fingerprinting.] [Section 23 -707. TERMINATION OF APPOINTMENT. Whenever the purpose for the appointment as a special police officer ceases to exist, the holder of such appointment shall within ten (10) days surrender his badge to the Police Department of the City.] [Section 23 -708. INSURANCE. Whenever a special police officer is appointed at the request of another to assist in patrolling or enforcing the law on the premises of the other's place of business, the person requesting that such appointment be made shall file an appropriate letter with the City agreeing to save the City harmless from any and all liability which may accrue to it by reason of any acts or omissions of the person appointed, and the City may require evidence of insurance or in lieu thereof evidence of financial ability to adequately protect the City. This section shall not be construed to impose any liability upon the City arising out of the appointment of any special police officer.] [Section 23 -709. PENALTY. Any person convicted for the violation of any of the provisions of Sections 23 -701 through 23 -708 may be punished by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution.] -3- SECTION 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this -------- of - -, 1987. -- - - - - -- ------------------- ------------------------------------- Dean Nyquist, Mayor ATTEST: Darlene Weeks, Clerk Date of Publication Effective Date ------------------------------------- (Underline indicates new matter, brackets indicate matter to be deleted.) l k' CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of August , at 7 :30 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part of the right of way of Logan Avenue North along Lot 6, Block 2, Northbrook Center 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 DRAINAGE AND UTILITY EASEMENT ALONG THE EASTERLY LOT LINE OF LOT 4 BLOCK 1 EARLE BROWN 1ST ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The ten foot utility and drainaZe easement along the east line of Lot 4. Block 1. Earle Brown 1st Addition Hennepin County, Minnesota except the northerly 10 feet the southerly 5 feet and easterly 5 feet of said easement 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 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 Regarding Nursing Homes and Boarding are Homes and a Housekeeping g ping Change to Section 23-901. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 REGARDING NURSING HOMES AND BOARDING CARE HOMES AND A HOUSEKEEPING CHANGE TO SECTION 23 -901 FOLLOWS: THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS Section 1. Chapter 23 -901 is hereby amended as follows: Section 23 -901. LICENSE REQUIREMENTS. Any person, firm or corporation desiring to place and maintain one or more courtesy benches for the convenience of persons waiting for street cars and buses at any place in the City of Brooklyn Center, upon the public streets of the City, may be granted a license therefor upon the following conditions: e. All licenses shall expire as of the 1st day of January next following the date of issuance thereof, unless renewed. At least thirty (30) days prior to the expiration of any license, the holder may make written application for renewal thereof, accompanied by the [seven dollar ($7)] license fee in an amount as set forth by City Council resolution. If plans and specifications of the bench, or advertising matter, or location of the bench, are not to be changed, the application for renewal shall be sufficient if the applicant gives his name and address, and the location and number of the bench for which renewal license is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located granted to the license holder the continuing right to maintain such bench, the application may so state, and renewed consent shall not be required. Section 2. Chapter 23 of the City Ordinances is hereby amended by the repeal of the following: NURSING HOMES AND BOARDING CARE HOMES [ Section 23 -1400. STATEMENT OF POLICY. The City Council deems it necessary to the welfare of the community that nursing homes and boarding care homes be regulated and licensed locally to promote the highest levels of environment, health care, and safety and to preserve the dignity of resident - patients thereof. It is the intention of this ordinance to supplement the Minnesota to Regulations for Nursing Homes and Boarding Care Homes. ORDINANCE NO. ( Section 23 -1401 ADOPTION OF MINNESOTA BOARD OF HEALTH REGULATIONS FOR NURSING HOMES AND BOARDING CARE HOMES. These documents, three copies of which are on file in the office of the City Clerk, being identified as Sections 10551 through 10619 of Article V (1963) edition of the Minnesota Department of Health. Regulations for Nursing Homes and Boarding Care Homes are hereby adopted by reference and all terms of said regulations are made a part of this ordinance as if fully set forth herein. [ Section 23 -1402 ADOPTION OF MINNESOTA FIRE SAFETY CODE FOR NURSING HOMES AND BOARDING CARE HOMES. Those documents, three copies of which are on file in the office of the City Clerk, being identified as Article I, Chapter 3, Title IV of the State Fire Code entitled "Fire Safety Code for Nursing Homes and Boarding Care Homes" 1959 edition, are hereby adopted by reference and all terms of said code are made a part of this ordinance as if fully set forth herein. [ Section 23 -1403 LICENSE REQUIRED. It shall be unlawful for any person, partnership, association, or corporation to conduct, operate or maintain or permit to be conducted, operated, or maintained or to participate in the conduct, maintenance, or operation of a nursing home or a boarding care home within Brooklyn Center unless the City Council has issued a valid license therefor which is in full force and effect. [ Section 23 -1404 APPLICATION FOR LICENSE. Application for a license hereunder shall be submitted to the City Council through the City Clerk in such form and manner as the City Clerk may prescribe. [ Section 23 -1405 INVESTIGATION ON RECEIPT OF APPLICATION. Upon receipt of an application for a license hereunder, the City Manager shall seek to verify the information submitted in the application and cause an investigation to be made of the applicant's background and experience, including a review of any other such facilities developed or operated by the applicant in the State of Minnesota. [ Section 23 -1406 ISSUANCE OF LICENSE. The City Council may issue a license to operate a nursing home or a boarding care home to an applicant who possesses a valid license issued by the Minnesota Health Department and who demonstrates potential ability to adequately operate a nursing home or boarding care home and who is or will be adequately equipped to conduct, operate and maintain facilities that conform to the requirements of this ordinance. The license, when issued, shall designate the maximum number of resident - patients to be accommodated within the nursing home or boarding care home and this maximum shall at no time be exceeded. Licenses shall not be transferable either as to place.or person. [ Section 23 -1407 LICENSE EXPIRATION AND RENEWAL. All licenses issued under this ordinance shall expire on December 31 of each year. License renewal applications shall be filed with the City Clerk prior to December 1 of each year. - ( Section 23 -1408 LICENSE FEES. The fee for a nursing home or boarding care home license shall be as set forth by City Council resolution. ORDINANCE NO. [ Section 23 -1409. RESIDENT RECORDS REQUIRED. Every licensee hereunder shall provide and maintain a record setting forth the following facts concerning each resident - patient received, cared for, or accommodated: Name; last previous address; age; date of admission; next of kin; name and address of the person responsible for the care and maintenance; name of resident - patient's attending physician; all written or verbal orders of the resident - patient's attending physician and the date on which such orders were given; date of discharge or death; cause of death. [ Section 23 -1410. RECORD OF EMPLOYEES. Every licensee shall maintain a continuous record setting forth the following facts concerning each nurse; attendant, or other employee; name; age; date employment began in the licensed nursing home or boarding care home; present and last previous address; name and address of employers during the preceding five year period; position and duties; if employed as a nurse, date and number of State registration; date employment terminated; reason for termination. Such record shall be open to inspection by the City Manager or his representative. [ Section 23 -1411. LICENSE REVOCATION. Following reasonable written notice and opportunity for a licensee to appear before the City Council to be heard, the City Council may revoke or suspend any license issued hereunder if it is determined: that the licensee has failed to comply with the requirements of this ordinance; that the licensee has failed to comply with the requirements of other applicable City ordinances; that the licensee perpetrated fraud or misrepresentation in obtaining the license or in keeping the required records; that the licensee engages in, or permits, conducts or practices detrimental to the welfare of the resident- patients. Upon suspension or revocation of a license, it shall be unlawful for the licensee to thereafter accept new resident - patients until such time as the license may be restored. License revocation or suspension may be invoked in addition to any other penalties provided by law. [ Section 23 -1412. ADMINISTRATION AND ENFORCEMENT. The terms and provisions of this ordinance shall be administered and enforced by the City Manager and those he authorizes as his representatives. [ Section 23 -1413. STANDARDS OF CONSTRUCTION, OPERATIONS, AND MAINTENANCE. Subdivision 1. Location and Site A. Nursing care and boarding care homes must be located in appropriate zoning districts as comprehended by Chapter 35 of the City Ordinances. B. Nursing homes and boarding care homes located in R2, R4 or R5 zoning districts must conform to relevant provisions of Chapter 35 of the City Ordinances and to subdivisions 1 through 5 of Section 35 -410 of the City Ordinances. C. Nursing homes and boarding care homes located in Cl or C1A zoning districts must conform to relevant provisions of Chapter 35 of the City Ordinances and subdivisions I through 5 of Section 35 -411 of the City Ordinances. ORDINANCE N. D. Site landscaping for nursing homes and boarding care homes shall include six inch diameter or larger trees (as measured four feet above the ground line) to the extent of one such tree for each fourteen beds or portion thereof: Tree species shall be long - lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. E. Nursing home and boarding care home site density shall not exceed 50 beds per acre. F. Nursing home and boarding care home site open space shall be provided and developed in a manner so as to encourage the safe and secure use by resident - patients of the facilities. Subdivision 2. Required Characteristics of the Physical Plant A. Resident - Patient Use Areas 1.Resident- patient rooms a. At least 85% of resident - patient beds shall be in rooms containing no more than two beds per room. Any other resident - patient beds shall be in rooms containing four beds per room. b. The minimum resident- patient room area exclusive of closets, toilet rooms, lockers, wardrobes, etc. shall be 100 square feet per bed. C. The minimum window area in a resident - patient room shall be 15 square feet per bed, with the sills not more than two feet six inches above the floor. d. A privacy device (cubicle curtain or equivalent) shall be provided for each bed in a resident - patient room. e. An electrical call system signaling device shall be provided conveniently at each bed to summon attendants. 2. Resident - patient toilet and bathroom facilities. a. At least one toilet room shall be provided for each four beds. Toilet rooms shall be directly accessible from each resident - patient room without going through a general corridor. b. Doors to resident - patient toilet rooms shall be a minimum of three feet wide to permit maneuvering of wheelchairs. c. Resident - patient water closets must have grab bars and must be conveniently usable by wheelchair resident - patients. d. Nonskid floor surfaces shall be provided. ORDINANCE NO. e. An emergency call system signaling device shall be conveniently located in each resident - patient toilet and bathroom. f. A central shower or a freestanding tub (the sides of which are not coincident to a wall) shall be provided for each twenty resident- patient beds. 3. Day -room lounges. a. Resident- patient day -room lounge space shall be provided remote from main entrances to the building and on each floor of the facility to the extent of 20 square feet per resident - patient bed on the respective floor. 4. Dining rooms. a. Resident - patient dining rooms shall be provided in addition to day -room lounges. 5. Physical maintenance therapy rooms. a. In nursing home facilities containing 150 or more beds, physical maintenance therapy rooms shall be provided and equipped. 6. Occupational therapy rooms. a. In facilities containing 150 or more beds, an occupational therapy room shall be provided and equipped. B. Nursing station area. 1. At least one nursing station shall be provided for each 60 beds or fraction thereof on each floor of the facility. 2. Each nursing station shall have proximate to it a "clean" work room containing nursing and medical supplies and a sink and work counter. 3. Each nursing station shall have proximate to it a "soiled" work room containing a clinical sink, a work counter, waste receptacles and soiled linen receptacles. 4. Nursing stations shall be convenien proximate to staff toilet and handwashing facilities. C. Support Services Areas. 1. Food Service. a. Kitchen facilities shall be located for convenient handling of incoming food supplies, serving of meals and disposing of food wastes. ORDINANCE NO. b. Equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, durable, in good repair, easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent. C. Traffic other than food handling operations shall not be permitted nor encouraged by design layout to pass through the kitchen facilities. 2. Laundry Facilities. a. A soiled linen room shall be provided proximate to the laundry processing room and shall be vented to the outside. b. A clean linen room shall be provided proximate to the laundry processing room. c. A laundry processing room containing commercial -type equipment shall be provided unless laundry is processed outside the facility. d. The design layout must discourage mingling of soiled and clean items through all stages of processing. 3. Maintenance and Housekeeping Facilities. a. Space shall be provided on each floor of the facility for a ventilated janitor's closet. b. Janitor's closets shall contain a service sink with hot and cold water. c. A refuse room shall be provided convenient to the service entrance. 4. General Storage. a. A minimum of 10 square feet of floor area per bed shall be provided in convenient storage spaces for wheelchairs, walkers, stretchers, resident's personal belongings, extra beds, mattresses and frames, facilities maintenance equipment, etc. D. Administration Areas. 1. A business office area shall be provided for record maintenance and storage and for central administration of the facility. 2. A lobby area shall be provided for the reception of visitors (separate from resident - patients' day room) and shall include adjacent public toilets. 3. Employee locker rooms shall be provided for storage of employee personal effects and shall include toilet and handwashing facilities. ORDINANCE NO. E. Connecting Passageways. 1. Corridors. a. Corridors used by resident - patients shall be at least eight feet wide. b. No doors shall swing into a corridor used by resident - patients except corridor closet doors, or fire exit doors. c. Handrails with ends turned to the wall shall be provided on both sides of corridors used by resident - patients. There shall be a clear distance of 1 -1/2 inches between handrails and wall. d. Such items as drinking fountains, telephone booths, and vending machines shall be located such that they do not project into the required width of corridors. e. Thresholds and floor expansion joint covers shall be flush with the floor. 2. Stairways and Elevators. a. Stairways shall be at least 3 feet 8 inches wide and shall be equipped with handrails with ends returned to the wall. • b. Stairway doors shall open on landings, not on steps. c. At least one hospital elevator (large enough to accommodate a resident - patient on a stretcher and an attendant) shall be installed where 1 to 59 resident - patient beds are located on any floor other than the first floor, or where resident - patient facilities are located on a floor other than those containing the resident - patient beds. At least two elevators, one of which shall be hospital type, shall be installed where 60 to 200 resident - patient beds are located on floors other than a first floor. At least three elevators, one of which shall be hospital type, shall be installed where 201 to 350 resident- patients are located on floors other than the first floor. 3. Exits. a. The distance from resident - patient rooms, or areas in which resident- patients may congregate, to the nearest exit shall not exceed 100 feet. b. Exits and exit routes shall be clearly marked with continuously luminated signs. Subdivision 3. General Requirements. A. A fire sprinkler system shall be installed to serve all spaces in nursing homes and boarding care homes hereafter erected. ORDINANCE NO. B. Floor covering shall consist of carpeting in resident - patient rooms, resident -used corridors, day -room lounges, and reception lobby. C. Ceilings shall be acoustically treated in resident - patient rooms, corridors, day -room lounges, dining rooms, and reception lobby areas. D. Effort should be made in building design and operation to provide separate areas for classifications of resident - patient requiring distinctively different levels of care. E. Interior colors shall be selected which will tend to induce feelings of relaxation and cheerfulness. Monotonous and sterile color schemes shall be avoided. F. An emergency electric generating set shall be located on the premises and shall be designed to automatically provide emergency electric power to the essential elements of a nursing home in the event of an interruption of normal electric supply. G. Resident - patient rooms shall have provisions for night lighting as well as general lighting and a bed reading light shall be provided with control conveniently located for the resident - patient. The following minimum lighting shall be provided: 1. Resident - patient room general - -10 foot candles 2. Resident - patient reading - -30 foot candles 3. Toilet and bathing rooms - -20 foot candles 4. Day - room lounges - -30 foot candles S. Dining rooms - -30 foot candles 6. Physical therapy rooms - -20 foot candles 7. Corridors - -10 foot candles 8. Stairways - -20 foot candles 9. Doorways - -10 foot candles 10. Nursing stations - -20 foot candles 11. Utility rooms - -20 foot candles 12. Administrative and lobby areas - -30 foot candles 13. Kitchen - -30 foot candles 14. Laundry rooms - -30 foot candles H. A ventilating system shall be so designed and operated such that it removes dust, offensive odors, and excessive heat. and moisture. The following minimum values are established: MINIMUM TOTAL AREA AIR CHANGES PER HOUR Resident- patient room 4 Corridors 4 Toilet rooms 10 Bathroom 10 Day -room lounges 6 Dining Rooms 6 Physical therapy rooms 6 Nursing station rooms 4 Soiled linen rooms 10 Laundry processing room 10 Kitchen 10 Administration and lobby areas 4' I. Air temperature and humidity within the resident - patient use areas of the facility shall be maintained within a range of 73 degrees Fahrenheit to 90 degrees Fahrenheit and 20% to 60% relative humidity. J. At least one attendant shall be on duty at all times for every 30 residents, or fraction thereof, located on each floor of the facility. [ Section 23 -1414 SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, such holdings shall not invalidate any other section, provision, or part thereof. [ Section 23 -1415 SUPREMACY. When any provision of this ordinance is either more stringent or less stringent than similar provisions of Minnesota law or Minnesota Agency regulations herein adopted by reference, the more stringent provisions shall prevail. [ Section 23 -1416 PENALTIES. Whoever does any act or admits to do any act which constitutes a breach of this ordinance shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense.] Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1987 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) DATE: July 1, 1987 TO: Gerald G. Splinter, City Manager FROM: Darlene K. Weeks, City Clerk SUBJECT: Ordinance Amendments - Chapter 23 As you will note from the attached memo Tom Heenan Supervising p g Sanitarian, is recommending Sections 23 -1400 through 23 -1416 relating to licensing nursing homes and boarding care homes be deleted. According to Minnesota Statutes 144.653 the State Health Department is the exclusive state agency charged with this responsibility. We are, however, responsible for licensing and inspecting the food service. Also recommended at this time is a housekeeping change in Section 23 -901. The dollar amount of the license fee in this section was overlooked when dollar amounts for various license fees were deleted in an ordinance amendment at the beginning of the year and put into resolution form. f 9 M E M O R A N D U M TO: Gerald Splinter, City Manager FROM: Thomas Heenan, Supervising Sanitarian RE: Nursing Home and Boarding Care Home Ordinance Section 23 -1400 DATE: May 19, 1987 The Nursing Home Ordinance should be repealed because Minnesota Statutes 144.653 makes the State Health Department the exclusive State agency for the regulation of nursing homes. I have enclosed a copy of the applicable statute. It should also be noted that we do not have the staff to regulate nursing homes. We do currently license and inspect the food service in nursing homes. It is my recommendation that provisions such as landscaping should be included in the Conditional Use permit under zoning and that the ordinance itself be repealed. We do license facilities not regulated under this statute using the lodging licensing ordinance which is specifically delegated to us by the State Department of Health. TLH:jt cc; Darlene Weeks Encl. w • ff 3309 DEPARTMENT OF HEALTH 144.653 violation of the patient's or resident's rights. Compliance with the provisions of section 5� 144.651 shall not be required xhenever emergence conditions, as documented by the attending physician in a patient's medical record or a resident's care record, indicate = immediate medical treatment, including but not limited to surgical procedures, is =_ necessary and it is impossible or impractical to comply with the provisions. section 144.651 because delay would endanger the patient's or resident's life, health, or safety. 4 wt oa.�s.itt� Historv: 1973 c 6S8 s 2; 1976 c 173 s 41; 1976 c 222 s 28; 1976 c 274 s 2; 1977 c 326 s 1; 1953 c 248 s 2; 1985 c 444. 144.653 RULES; PERIODIC INSPECTIONS; ENFORCEMENT. Subdivision 1. Rules. The state commissioner of health is the exclusive state agency charged with the responsibility and duty of inspecting all facilities required to be licensed under the provisions of sections 144.50 to 144.58. The state commissioner of health shall enforce its rules subject only to the authority of the department of public safety respecting the enforcement of fire and safety standards in licensed health care facilities and the responsibility of the commissioner of human services pursuant to sections 245.781 to 245.812 and 252.28. Subd. 2. Periodic inspection. All facilities required to be licensed under the provisions of sections 144.50 to 144.58 shall be periodically inspected by the state ;; ' commissioner of health to ensure compliance with rules and standards. Inspections w shall occur at different times throughout the calendar year. The commissioner of health may enter into agreements with political subdivisions providing for the inspection of r' 4 such facilities by locally employed inspectors. The commissioner of health shall conduct inspections and reinspections of facili- 11 p ties licensed under the provisions of sections 144.50 to 144.56 with a frequency and r R a in a manner calculated to produce the greatest benefit to residents within the limits of F the resources available to the commissioner. In performing this function, the commis- =* sioner may devote proportionately more resources to the inspection of those facilities i ? k in which conditions present the most serious concerns with respect to resident health; treatment, comfort, safety, and well-being. `'F These conditions include but are not limited to: change in ownership; frequent r change in administration in excess of normal turnover rates; complaints about care, safety, rights; where previous inspections or reins ections have resulted in correction `~ ' Y� g F P P i n orders related to care, safety, or rights; and, where persons involved in ownership or - _� _ administration of the facility have been indicted for alleged criminal activity. Any s health care facility that has none of the above conditions or any other condition # established by the commissioner that poses a risk to resident care, safety, or rights shall E a Ak be inspected once every two years. - Subd. 3. Enforcement. With the exception of the department of public safety sat which has the exclusive jurisdiction to enforce state fire and safety standards the state s , _ commissioner of is the exclusive state agency char ed with the responsibilit and .: 8 P h' duty of inspecting facilities required to be licensed under the provisions of sections s 'r np 144.50 to 144.58 and enforcing the rules and standards prescribed by it. Subd. 4. R ithout notice. One - or more unannouncedinspections of each facility required to be licensed under the provisions of sections 144.50 to 144.58 shall be made ` annually..... t ✓ � '` 0 tl 1o� ri t,�. + t .c•irs is t;1t:ir Subd. 5. Correction orders Whenever a duly authorized representative of the 4 i state commissioner of health finds upon inspection of a facility required to be licensed 4 -= under the provisions of sections 144.50 to 144.58 that the licensee of such facility is not in compliance with an applicable' rule piomulgated under the administrative procedure act by the state commissioner of health pursuant to section 144.56, a correction order shalt be issued to the licensee:' The correction order shall state the t:.. deficiency; cite the specific rule violated; and specify the time allowed for correction. F t - - '' and that i Subd. R ins ecti n fin fti on reins ectio'n "if is fo at the 1 censee -, 6. e p o s, es. I p p �= of a facility required to be licensed under the provisions of sections 144.50 to 144.58 � _+. F T ' so l l 7 3 - j ,'`N'` • w' *Y t .y '.`T '•'..r�•+�� t w S ' s`tl.s i.:iry — t.9 r•3 ". ar �•.: . _ r yfYyV�. .:+rrt s'Ci''s - r+ a e+ s ...i, 3• :^n`'dt - "" TT; ;'x a ^d.F.t.- is `�'�' Yy Ol3:it`� *•[:. . - `ALL• .....'"T -e .(. -.-� ' qe CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 Regarding Nursing Homes and Boarding Care Homes. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 REGARDING REQUIREMENTS FOR NURSING HONES -' THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -313. R4 MULTIPLE FAMILY RESIDENCE DISTRICT. 3. Special Uses. a. Nursing care homes, (at not more than 50 beds per acre) , maternity care homes, boarding care homes, provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -314• R5 MULTIPLE FAMILY RESIDENCE DISTRICT. 3. Special Uses. a. Nursing care homes, (at not more that 50 beds per acre), maternity care homes, boarding care homes, provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -320. C1 SERVICE /OFFICE DISTRICT 1. Permitted Uses The following service /office uses are permitted in the Cl district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre), maternity care homes, child care homes, boarding care homes, provided, however, that such institutions shall, where required by state law, or regulations of the licensing authority, be licensed by the appropriate state or municipal authority. ORDINANCE NO. Section 35 - 1 410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 8. Nursing care homes shall provide one six inch diameter tree per 1 beds. Tree species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. _._._ Section 35 - 1 411. SPECIAL REQUIREMENTS IN C1 AND C1A DISTRICTS. 7. Nursing care homes shall provide one six inch diameter tree per 1 beds. Tree species shall be long' -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. ' Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). Commissioner Malecki inquired if the group home receives referrals from psychiatric hospitals. Mr. Ellis stated that they do. Commissioner Malecki asked what the requirements are for therapists. Mr. Ellis stated they have to be licensed mental health workers with a masters degree in some kind of human services like a psychologist. Commissioner Malecki asked what are the residents doing 12 hours a day. Mr. Ellis stated the residents day starts at 7:30 a.m. with breakfast, housekeeping, bath and medications. At 9:30 a.m. there is a group session in mental health therapy. At 11:00 a.m. residents participate in an exercise session. Lunch is from 11:30 a.m. to 12:00 noon. 12:00 to 1:00 p.m. is spent in free time. Independent living skills classes are held from 1:00 to 3:00 p.m. An individual therapy session is held once week. Dinner is at 4:30 p.m. with recreation following. Commissioner Malecki asked if residents are there voluntarily. Mr. Ellis stated they are. Commissioner Malecki asked what restrictions are placed on residents. Mr. Ellis responded they are not allowed to leave the premises until they have progressed in treatment to a certain point. Once they reach this point they may leave. Also, there is a buddy system with a resident having full privileges. Residents that receive full privileges are required to sign in and out at all times. Passes are given on weekends to those with full privileges. Commissioner Falecki asked who dispenses residents' medication. Mr. Ellis stated the staff dispenses medication and residents are eventually trained to give themselves their medication. Commissioner Wallerstedt asked why a Brooklyn Center location was chosen. Mr. Henry Norton responded that they are now located in a high crime area of Minneapolis which is not a conducive atmosphere for their residents. He noted that some of the residents have been abused. He added that it is just not a wholesome neighborhood for vulnerable people to live. They sought a suburban location such as with good transportation and an uncrowded lot. He stated that the Brooklyn Center location fit their needs. He added that they had primarily looked in the suburbs with the smallest percentage of residential treatment facilities, that being primarily St. Louis Park, Crystal and Brooklyn Center. They felt the Brooklyn Center site offered the best opportunities. PUBLIC HEARING Chairman Lucct then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Jill Sherritt, of 5237 Drew Avenue North, stated she was the spokesperson for over 300 neighboring property owners. She requested tabling or denial of the application until research could be done by her group as they had not had time to gather enough information to present in order to show that the Bill Kelly House program should not be permitted. Mrs. Sherritt read and presented a statement requesting the tabling or denial of the application. She noted that many new facts have come to light since the 1984 lawsuit that the City was involved in. She requested that her group be given the opportunity to research this information and submit. Mrs. Sherritt stated at the July 8 meeting between neighbors and representatives of Bill Kelly House Mr. Ellis presented the program as a Rule 36 Program facility when it is actually a Rule 35/36 Program One Facility. Rule 35 is a program for chemically dependent residents and Rule 36 is a program for mentally ill residents, and she stated there is a difference between these types of facilities. In her group's research it was found that the Oasis House located in Golden Valley is 7 -16 -87 -7- CORRECTION not located in a nice residential area but, rather, on a busy street across from residential homes next door to a a Christian Science reading room. She stated that Mr. Ellis claims that persons with mental illness have no higher crime rate than the general public; then had no statistics to back that up. Mrs. Sherritt stated that severe mentally ill, chemically dependent persons with behavior problems will be living at the Bill Kelly House. She noted that the Minneapolis Police Department, which has been gathering data for her, say crime related to chemical dependency is a major problem in all areas. She added that the representative of Kelly House cannot guarantee that all of the clients will be non- violent. She listed examples describing severe mental illness and added that she believed the Kelly House presentation to be vague and full of misconceptions regarding the violence and mental illness. Mrs. Sherritt next commented on the Supreme Court ruling and the standards for granting special use permits. She stated she believed the location of this facility would be detrimental or endanger the public health, safety, morals or comfort due to its proximity (within 3 blocks) to an elementary school with about 700 children. She pointed out that Fridley residents located near Community Options Ltd. will attest to the fact that their neighborhood has deteriorated, has become transient, and property values fallen due to location of that facility in the neighborhood. She further noted her belief that none of the standards could be met. In her closing statement Mrs. Sherritt stated that the group home cannot guarantee a safe environment for their clients; kids can get nasty and so can adults; drugs and alcohol are present in the Brooklyn Center area proving unsafe for clients; and the group home may resent a risk g Y p s to the health, eal safety nd w y Blare of neighboring I property g p owners. Finally, lly, she added if the group home is approved and any harm comes to their children because of it, the neighboring property owners will hold the City of Brooklyn Center responsible. Chairman Lucht next recognized Marge Otten, 5311 4th Street N.E., Fridley who spoke regarding the application. She stated incidents that have happened in Fridley because of a group home locating in her area. She stated property values do go down and crime rate and traffic impact are affected. Renters have moved out when they learned there was a group home in the area; landlords no longer take pride in their property; and cars have been vandalized. This is in a 6 or 7 block area only. Police are called to look for missing residents. She urged officials to find out the background of staff who select future residents of the facility to prevent this from happening in our city. Chairman Lucht then recognized Phil Carruthers, State Representative, and resident of Brooklyn Center. He stated he supports the neighbors opposition to the group home and requests tabling of the application to give the neighbors more time to understand the nature of the home and gather more information. He stated the proposed group home is a large facility to include 23 residents, as compared to the .7 to 16 residents provided for in State Law. He urged the Commission to continue the hearing in order to get more facts and noted that the public only became aware of the proposal a couple of weeks ago and needs more time and information. Mr. Carruthers next commented on the Northwest Residence decision. He stated he believed this case should be looked at narrowly rather than in the broad manner it is being used. He stated that the court found that there was not an adequate factual record established for the City to make its decision. He urged the Commission to establish the needed record. He noted that the effect on property and safety has to be established and does this proposal meet the requirements. Mr. Carruthers stated that he doesn't believe the proposed facility is the same as the facility in the 7 -16 -87 -8- ti s MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 30, 1987 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Pro tem Mike Nelson at 7:30 p.m. ROLL CALL Chairman Pro tem Mike Nelson, Commissioners Molly Malecki, Lowell Ainas, and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman George Lucht and Commissioners Ann Wallerstedt and Carl Sandstrom were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - July 16, 1987 The Secretary explained there should be a correction on page 8, paragraph 6, stating 7 to 16 residents provided for in State Law instead of 1 to 16 residents. Motion by Commissioner Malecki seconded by Commissioner Ainas to approve the minutes of the July 16, 1987 Planning Commission meeting as corrected. Voting in favor: Chairman Pro tem Nelson, Commissioners Molly Malecki, and Lowell Ainas. Voting against: none. Not voting: Commissioner Bernards as he did not attend that meeting. The motion passed. APPLICATION NO. 87015 (Uhde /Nelson, Inc.) Following the Chairman Pro tem's explanation, the Secretary introduced the first item of business, are request for q site and building plan and special use permit approval to construct an 8,068 sq. ft. office building at 7100 Brooklyn Boulevard. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87015 attached). A discussion ensued regarding Condition No. 13. The Secretary stated a revised plan has been submitted to provide full delineation of parking stalls and elimination of the jog in the parking row along the east side of the property and could be deleted. Commissioner Bernards inquired about the 30' light standards. A discussion ensued regarding the lighting. City Engineer Bo Spurrier explained there would be 2 lights on the north and 1 on the east. Chairman Pro tem Nelson called on the applicant, Dave Nelson, to speak. Mfr. Nelson stated that the new office building will be the same as the Edina Realty building constructed in the first phase of the development. He explained the parking has been moved over to provide a 15' greenstrip and to eliminate the jog in the parking row along the east side of the property. PUBLIC HEARING Chairman Pro tem Nelson opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. 7 -30 -87 _1_ r k CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Pro tem Nelson, Commissioners Mslecki, Ainas and Bernards. Voting against: none. The motion passed. Further discussion ensued regarding the trash enclosure. Commissioner Malecki inquired if the trash enclosure should be required as a condition of approval. The Secretary stated the office building does not have to have a separate trash enclosure, but could share the facility with the existing office building. Dave Nelson stated he has no problem with providing a trash enclosure. The Secretary recommended it should be on southeast side of the building. Mr. Nelson explained there would be a cedar fence installed as screening around the trash enclosure. The Secretary stated two persons had earlier in the evening expressed concern with the building exterior. One of the parties stated that after seeing the plan he is now satisfied with the proposal and has no problem with it. Mr. Nelson stated the plan submitted for the original building had been a much larger building with three stories. Revision of the plans provided for two smaller buildings to replace the one large building. APPROVAL OF APPLICATION NO. 87015 (Uhde /Nelson, Inc.) Motion by Commissioner Ainas seconded by Commissioner Malecki to approve Application No. 87015 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 7 -30 -87 -2- 9. The applicant shall submit an as -built survey of the property improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and an agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. Fire hydrants shall be located on the site as per the order of the Fire Marshal. 12. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof may be grounds for revocation. 13. The plan shall be modified to indicate the specific location and screening of a trash enclosure. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Ainas and Bernards. Voting against: none. The motion passed. APPLICATION NO. 87016 (Especially Women, Inc.) The Secretary introduced the next item of business, a request for special use permit to operate a health club for women in the Brookview Plaza Shopping Center at 5951 Earle Brown Drive. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87016 attached). The Secretary stated there is a public hearing, notices have been sent to neighboring property owners and the applicant is present to answer any questions. Commissioner Bernards asked if the tenants of the shopping center pool parking spaces. The Secretary stated the manager of the shopping center can designate certain parking spaces, but required parking is based on the total square footage of the shopping center. He noted that a different parking formula is used for a health club. Commissioner Bernards stated he has been a member of two health clubs with parking problems and is very concerned. The Secretary referred to the Hiway 100 Racquet and Swim Club who has now purchased a lot across the street from their location for additional parking rather than install a parking ramp. Commissioner Bernards stated membership should be considered on the amount of parking that is available. The Secretary stated that parking has improved now at the Hiway 100 Racquet and Swim Club. Further discussion ensued regarding the parking. Commissioner Bernards inquired as to the hours of operation. The applicant, Patrick Lawler, representing Especially Women, Inc., stated the hours of operation are from 6:00 a.m. to 10:00 p.m. He stated their club is a little different from other health clubs as they offer more services and charge a higher membership fee, therefore, membership is limited. Mr. Lawler explained they have exercise classes one to one and a half hours in length and that classes are between the hours of 6:00 a.m. and 9:00 p.m. PUBLIC HEARING Chairman Pro tem Nelson then opened the meeting for a public hearing. The City Engineer noted that the pool and shower area will produce humidity and a chlorine environment and inquired how the remodeling of the structure will be able to handle this ongoing problem. Mr. Lawler stated their engineer is studying the humidity 7 -30 -87 -3- l concern and that mechanical equipment will be installed to control these problems in accordance with the engineer's recommendations. He added that the mechanical equipment would be located on the roof of the building. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Nalecki to close the public hearing. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Ainas and Bernards. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87016 (Especially Women, Inc.) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 87016 subject to the following conditions: 1. The special use permit is issued for a health club use and may not be transferred to any other type of use. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation may be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Swimming pool plans are subject to review and approval by the State Health Department prior to the issuance of permits. 5. The swimming pool and shower room shall be licensed as required by section 7 -201 of the City Ordinances prior to operation. 6. Suntanning beds shall be inspected by the City Sanitarian on a yearly basis. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Ainas and Bernards. Voting against: none. The motion passed. APPLICATION NO. 87017 (Earle Brown Bowl) The Secretary introduced the next item of business, a request for site and building plan and special use pemit approval to expand the existing bowling alley at 6440 James Circle North for additional cooler, storage, and dining room space. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87017 attached). The Secretary stated there is a public hearing required and notices have been sent to neighboring property owners. Commissioner Bernards asked if the proposal indicates moving the direct outside entrance to the dining room. The Secretary stated it was being moved further down and that the seating plan shows only a relocation of existing seats. Staff's concern is that, with the expansion of the dining room, there will be an expansion of seating resulting in a parking deficiency. Staff believe it is important that the seating plan be publicly acknowledged by the applicant as the maximum allowable. Commissioner Bernards stated the foyer on the proposed plan appears to be better situated than the present location. 7 -30 -87 -4- Chairman Pro tem Nelson recommended a condition stipulating allocation of seating. The Secretary stated seating for the supper club, coffee shop and lounge must not exceed 243 and that 150 seats in the supper club and coffee shop must be maintained in order for the establishment to be eligible for a liquor license. Seats could be moved from the lounge to the supper club. The applicant, James Madden, stated they have done as much as possible to meet the requirements of the liquor /food ratio of the ordinance. The proposal submitted would eliminate cutting through the dining room, provide better work stations for waitresses, and more space between tables. PUBLIC HEARING Chairman Pro tem Nelson then opened the meeting for a public hearing and asked if anyone present wish to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Ainas to close the public hearing. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Ainas and Bernards. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87017 (Earle Brown Bowl) Motion by Commissioner Malecki seconded by Commissioner Ainas to approve Application No. 87017 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. B612 curb and gutter is required around all parking and driving areas. 3• A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Outside trash disposal facilities shall be appropriately screened from view. 5• The building addition shall be equipped with an automatic fire extinguishing system in accordance with Chapter 5 of the City Ordinances. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 7. Special use permit approval acknowledges a maximum of 243 seats in the supper club, coffee shop and lounge area based on available parking. One hundred and fifty dining seats must be maintained in the supper club and coffee shop for purposes of the liquor license. 7 -30 -87 -5- Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Ainas and Bernards. Voting against: none. The motion passed. DISCUSSION ITEM a) Ordinance Amendment Pertaining to Nursing Homes. The Secretary stated that reference to Boarding Care Homes should be eliminated from the title of the ordinance amendment. He noted that this ordinance amendment would be recommended to the City Council concurrently with an ordinance recommended by the Sanitarian that local licensing of nursing homes be deleted because the State has superseded local licensing in this area. The Secretary explained that the amendment to the Zoning Ordinance would incorporate a density of 50 beds per acre for nursing home sites and adopt some specific landscape standards for nursing homes. ACTION RECONMNDING APPROVAL OF ORDINANCE AMENDMENT FOR NURSING HOMES Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of an ordinance amendment for nursing homes. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Ainas and Bernards. Voting against: none. The motion passed. The Secretary reviewed business items for the August 13 Planning Commission meeting and stated the Bill Kelly House would be back before the Planning Commission meeting at that time. A larger meeting place for that meeting may be required, such as the Social Hall in the Community Center, because of neighborhood interest in that application. He noted, however, that the Social Hall is currently being remodeled and will probably be unavailable. Commissioner Bernards asked if discussion of the Bill Kelly House would be limited to new material. The Secretary answered in the affirmative. Commissioner Falecki stated she felt it should be limited to new material. The Secretary stated the Commission will have to make its recommendation by weighing what appears to be conflicting facts. Chairman Pro tem Nelson stated the Commission should have comments from the City Attorney so that they would be better prepared to make a recommendation at the next Planning Commission meeting. The Secretary also requested that the Commissioners notify him as to vacation plans - so that a quorum can be obtained for future meetings. Commissioner Malecki stated her concern regarding the parking problem at Twin City Federal. She explained that she had been there on a Wednesday afternoon at 2:00 p.m. and the parking was still insufficient. Fridays had previously been a major problem, but now even weekdays seem to be almost as bad. ADJOURNMENT Motion by Commissioner Falecki seconded by Commissioner Ainas to adjourn the Planning Commission meeting. Voting in favor: Chairman Pro tern Nelson, Commissoners Malecki, Ainas and Bernards. Voting against: none. The Planning Commission adjourned at 8:50 p.m. Chairman Pro tem 7 -30 -87 -6- Planning Commission Information Sheet Application No. 87015 Applicant: Uhde /Nelson, Inc. Location: 7100 Brooklyn Boulevard Request: Site and Building Plan /Special Use Permit Location /Use The applicant requests site and building plan and special use permit approval to construct an 8,068 sq. ft. office building at 7100 Brooklyn Boulevard. The land in question is zoned R5 and is bounded on the north by single - family residences, on the east by a single - family residence and a portion of the parking lot for the Boulevard Plaza office condos, on the south by Boulevard Plaza, and on the west by the Edina Realty building at 7100 Brookyn Boulevard (phase one of this development). Office buildings are allowed by special use permit in the R5 zoning district. Access /Parking Access to the proposed building would be from Brooklyn Boulevard through the parking lot of the first phase building (Edina Realty). An access easement to this landlocked parcel was executed with the plat that split the property in 1985. The site plans calls for 41 parking stalls, only two - thirds of a stall more than required for general office use of the building. With this number of stalls, only about 400 sq. ft. of floor area can be devoted to medical occupancy of the building. The parking layout provides a 15' buffer adjacent to the single - family lots and a 5' greenstrip adjacent to the Boulevard Plaza parking lot. Staff recommend that the 15' buffer be continued adjacent to the Boulevard Plaza parking lot so as to prevent an unnecessary jog in the easterly row of parking stalls. Also an additional concrete delineator is needed to delineate the east end of a row of parking stalls north of the building. Landscaping The landscape plan calls for preservation of an existing cedar hedge along the north and east sides of the site. In addition, the plan calls for eight (8) ornamental trees ( Canada Red Cherry or Red Splendor Crab) in the perimeter buffer strips and at the southeast corner of the building. Finally, the plan calls for 60 shrubs adjacent to the building to include both evergreen shrubs and deciduous shrubs. No shade trees are proposed in the phase two area. On the strength of the existing cedar hedge, the proposed plan exceeds the point requirement (62.5 pts.) of the landscape point system. Grading /Drainage /Utilities The proposed grading plan calls for the parking lot to drain to a single catch basin northeast of the proposed building. The catch basin will be connected by a 12" storm sewer line to a 27" line under the westerly end of the St. Alphonsus Church property. The building is to be served by a 6 water line that traverses this development from Brooklyn Boulevard to a 6 watermain under the west end of the St. Alphonsus Church property. A hydrant is proposed immediately north of the proposed building. The sanitary sewer service will be connected by an existing pressure line to sanitary sewer in Brooklyn Boulevard. The City Engineer, however, is concerned that the depth of the sanitary sewer is insufficient and, in a normal winter, will freeze up. Building The building is to have two entrances, the main one at the northwest corner of the building and another on the south side of the building. The southerly entrance is 7 -30 -87 -1- Application No. 87015 continued to be accessed by a 5' wide sidewalk along the south side of the building to the parking lot. The main entrance will have a small atrium open to the second floor. The internal layout is speculative at this point, depending on tenant plans. The exterior of the building is to be face brick with a metal mansard around the entire building to match the existing Phase One building. Lighting /Trash Lighting for the site is to be provided by three 30' light standards with 250 watt high pressure sodium (amber) luminaires. This should be more than adequate. No provision has been made on the plan for a trash enclosure. This is a constant concern at commercial sites and we recommend that the applicant be required to address this issue at the Commission's meeting on Thursday. Special Use Standards Office uses are allowed in the R5 zone by special use permit. As such they are subject to the standards contained in section 35 -220.2 of the Zoning Ordinances (attached). The applicant has submitted nothing in writing addressing the standards and staff see no conflict with the standards posed by the proposed office use. It should be noted that neighbors in the area have expressed a preference for office use of the property as opposed to the apartment uses permitted by the R5 zoning of the property. Recommendation Based on the review contained above, staff recommend that approval be granted, subject to at least the following conditions: I. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 7 -30 -87 -2- Application No. 87015 continued g. The applicant shall submit an as -built survey of the property improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and an agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. Fire hydrants shall be located on the site as per the order of the Fire Marshal. 12. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof may be grounds for revocation. 13. The plans shall be modified prior to consideration by the City Council to provide full delineation of parking stalls and elimination of the jog in the parking row along the east side of the property. 7 -30 -87 -3- Planning Commission Information Sheet Application No. 87016 Applicant: Especially Women, Inc. Location: 5959 Earle Brown Drive Request: Special Use Permit The applicant requests special use permit approval to operate a health club for women in the Brookview Plaza Shopping Center at 5951 Earle Brown Drive. The location in question is zoned C2 and is bounded on the northeast by Summit Drive, on the southeast by Earle Brown Drive, on the southwest by Best Company retail /warehouse, and on the northwest by Target. Health clubs are allowed by special use permit in the C2 zoning district. The health club is to occupy 14,330 sq. ft. in the center next to the space formerly occupied by Designer Depot. The applicant has submitted a letter of application and a floor plan of the proposed space. The space will include a large aerobics room for dance exercises with a running track around it. A 60' x 20' pool,` 4' in depth, for lap swimming and water aerobics is also included, as well as a "workout" room with nautilus equipment. Also included in the floor plan of the space are rooms for lockers, showers, sauna, steam, suntanning, "sales," offices, multi - purpose, and nursery. The "sales" offices are actually for fitness consultants who will work with clients on their fitness programs. As a special use, the proposed health club is subject to the standards contained in ' J Section 35 -220.2 of the Zoning Ordinance (attached). The main concern presented by the Zoning Ordinance is parking. The parking formula for health clubs is twenty (20) spaces for the fir P st 1 000 sq. ft. f q o gross floor area and one space for every 00 s . ft. of 3 q G.F.A. thereafter. The parkin requirement for the totals ace is 64 spaces. The average g q P P vraeweih g weight of the retail parking formula for this building is 6.2 spaces per 1,000 sq. ft. or 88.8 spaces for the space in question. Therefore, parking available for the floor area in uestion exceeds the requirement of the q ordinance for the health club use. There is, therefore, no parking problem with the proposed use. As to the relationship of the proposed health club use to the surrounding neighborhood, staff see no negative impact. The surrounding neighborhood includes retail establishments, a clinic, high -rise offices and high -rise residential. The Proposed health club for women should fit well into such a neighborhood and meet a growing demand for an exercise facility. Altogether, the proposed use appears to meet the standards for a special use permit and approval is recommended, subject to at least the following conditions: I. The special use permit is issued for a health club use and may not be transferred to any other type of use. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation may be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 7 -30 -87 _i_ Application No. 87016 continued 4. Swimming pool plans are subject to review and approval by the State Health Department prior to the issuance of permits. 5. The swimming pool and shower room shall be licensed as required by section 7 -201 of the City Ordinances prior to operation. 6. Suntanning beds shall be inspected by the City Sanitarian on a yearly basis. 7 -30 -87 -2- Planning Commission Information Sheet Application No. 87017 Applicant: Earle Brown Bowl (Jim Madden) Location: 6440 James Circle N. Request: Site and Building Plan /Special Use Permit The applicant requests site and building plan and special use permit approval to expand the existing bowling alley at 6440 James Circle North for additional cooler, storage, and dining room space. The property in question is zoned I -1 and is bounded on the north by Freeway Boulevard, on the east and south by vacant I -1 zoned land, and on the west by James Circle North. Bowling alleys are allowed by special use permit in the I -1 zoning district. The proposed addition is to be to the west side of the building from the northwest corner to the entrance to the restaurant. The exterior treatment of the addition will match the existing treatment of 8 " siding block. The gabled entry canopy would, however, be removed and not replaced. Windows are to be installed in the dining room portion of the addition and for a small waiting room between the new entrance and the dining room. The site plan calls for a minor modification to the parking lot and installation of a trash enclosure north of the northeast corner of the building. The primary concern of the staff with respect to this application is the seating in the dining room. Total parking available on the site is 301 spaces. One additional space will be gained from a revision at the north end of the parking lot and there are seven proof -of- parking stalls north of the parking lot for a total of 309 spaces. The bowling alley requires 180 parking stalls for 36 lanes at 5 per lane. Our present count of seating in the restaurant operations is as follows: Coffee Shop 61 seats Supper Club 80 seats (potential 90) Lounge 92 seats Total 233 seats (potential 243) At one space per two seats, the parking requirement for present seating is 116.5 spaces. Counting potential seats, the parking requirement is 121.5 spaces. There are 14 employees in the restaurant total which adds 7 additional spaces to the requirement. The total parking requirement is thus as follows: Bowling alley 180 Restaurant 243 seats 121.5 14 employees 7 Total 308.5 or 309 stalls All 90 potential seats in the supper club are needed to meet the requirement of the Liquor Ordinance for 150 seats where food is served. The applicant has submitted a seating plan that shows only 86 existing seats. However, there are two additional tables that can be expanded to seat six instead of four. Therefore, the supper club seat count should actually be 90. Staff's concern is that, with the expansion of the dining room, there will be an expansion of seating resulting in a parking deficiency. The seating plan shows only a relocation of existing seats. Staff believe it is important that the seating plan be publicly acknowledged by the applicant as the maximum allowable. 7 -30 -87 _1_ Application No. 87017 continued With regard to the standards for special use permits, staff see no negative impacts on surrounding properties posed by the proposed expansion. Therefore, approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. B612 curb and gutter is required around all parking and driving areas. 3• A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Outside trash disposal facilities shall be appropriately screened from view. 5. The building addition shall be equipped with an automatic fire extinguishing system in accordance with Chapter 5 of the City Ordinances. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 7 -30 -87 -2- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 Regarding Nursing Homes and Boarding Care Homes. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 REGARDING REQUIREMENTS FOR NURSING HOPS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -313. R4 MULTIPLE FAMILY RESIDENCE DISTRICT. 3. Special Uses. a. Nursing care homes, (at not more than 50 beds per acre) , maternity care homes, boarding care homes, provided that these institutions . shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -314. R5 MULTIPLE FAMILY RESIDENCE DISTRICT. 3. Special Uses. a. Nursing care homes, (at not more that 50 beds per acre), maternity care homes, boarding care homes, provided that these institutions shall, where required by state law, or regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority. Section 35 -320. Cl SERVICE /OFFICE DISTRICT 1. Permitted Uses The following service /office uses are permitted in the Cl district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre) , maternity care homes, child care homes, boarding care homes, provided, however, that such institutions shall, where required by state law, or regulations of the licensing authority, be licensed by the appropriate state or municipal authority. ORDINANCE NO. Section 35 -410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 8. Nursing care homes shall provide one six inch diameter tree per 14 '- beds. Tree species shall be long' -lived hardwood. Six inch and larger trees existing on the site may be credited 'toward this requirement. Section J5411. SPECIAL REQUIREMENTS IN C1 AND C1A DISTRICTS. 7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of lg Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). , Licenses to be approved by the City Council on August 10, 1987: AMUSEMENT DEVICE - VENDOR LICENSE D.V.M. Inc. 119 State Street of of Police FOOD ESTABLISHMENT LICENSE _f11 The Learning Tree 6020 Earle Brown Drive l., �� • E i �7�f� Sanitarian GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Browning Ferris Industries of MN 9813 Flying Cloud Drive Rapid Way Disposal 685 - 123rd Avenue NW Waste Control 95 West Ivy Avenue Willman Trucking, Inc. 62 - 26th Avenue North Woodlake Sanitary Service, Inc. 4000 Hamel Road Sanitarian �(< MECHANICAL SYSTEMS LICENSE �++'' H. 0. Soderlin, Inc. 3731 Chicago Avenue � Pete's Repair, Inc. 2610 Lowry Avenue North Building Inspector SIGN HANGER'S LICENSE Master Craft Sign Company 11265 - 91st Avenue North Building Inspector n GENERAL APPROVAL: ,',-