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HomeMy WebLinkAbout1987 07-27 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JULY 27, 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 13, 1987 - Regular Session 7. Performance Bond Releases: *a. Pond's Plat 5, UD Construction *b. 5615 Brooklyn Boulevard, Uhde /Nelson 8. Approval of State Health Department Contract 9. Resolutions: *a. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 07/27/87) *b. Ordering the Abatement of Nuisance and Hazardous Condition of Real Estate Existing at 6933 Brooklyn Boulevard in the City of Brooklyn Center 10. Ordinance: a. An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations in Specified Conditions -This ordinance would allow nonlicensed personnel (code enforcement officers, health department personnel, and building inspectors) the authority to issue citations. This item is offered this evening for a first reading. 11. Public Hearing: (7:30 p.m.) a. Replacement of Sidewalk on Camden Avenue North between 53rd and 55th Avenues North - Notices of this hearing have been sent to the owners of all properties abutting this portion of Camden Avenue. CITY COUNCIL AGENDA -2- July 27, 1987 b. Reconvene Public Hearing on Proposed Financing Program for Multifamily Housing Development (Maranatha Nursing Home) 1. Resolution Reciting a Proposal for a Financing Program for a Multifamily Rental Housing Development ( "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 12. Planning Commission Items: (7:45 p.m.) a. 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. -This item was recommended for approval by the Planning Commission at its July 16, 1987, meeting. 1. Resolution Regarding Disposition of Application No. 87008 submitted by Maranatha Conservative Baptist Home 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land b. 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. -This item was recommended for approval by the Planning Commission at its July 16, 1987, meeting. C. 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. -This item was recommended for approval by the Planning Commission at its July 16, 1987, meeting. CITY COUNCIL AGENDA -3- July 27, 1987 d. Planning Commission Application No. 87013 submitted by David Brandvold requesting preliminary plat approval to subdivide into two lots the parcel of land at 5819 Bryant Avenue North. -This item was recommended for approval by the Planning Commission at its July 16, 1987, meeting. e. 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. -This item was recommended for approval by the Planning Commission at its July 16, 1987, meeting. 13. Discussion Items: a. Report from the Committee for the Bicentennial of the U.S. Constitution Regarding Renaming the Social Hall as Constitution Hall b. Pay Equity Implementation Plan 1. Resolution Amending the 1987 Employee Position and Classification Plan *14. Licenses 15. Adjournment r J 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 13, 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 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren City Attorney Charlie Le y y e Fevere, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Nyquist stated he had received one request for the open forum session this evening and noted it was to address the Bill Kelly House. Mayor Nyquist stated this was not an appropriate item to be discussed before the City Council this evening since the item has not been before the Planning Commission yet. He noted the item will be on the Planning Commission agenda for the July 16, 1987, meeting. He added since there is such a large group present regarding this issue the open forum speaker will be heard. Mayor Nyquist recognized Phil Roche, 5301 Brooklyn Boulevard, who stated the neighborhood surrounding the proposed Bill Kelly House has a number of concerns regarding this facility. He stated he is aware of the fact the City did go to the Supreme Court with an issue similar to this a few years ago. However, he stated this proposed facility does not resemble the previous facility in any way. He noted the Northwest Residence facility was for mentally ill people which is a Program II to type facility. He stated the current proposal is for mentally ill persons with chemical dependency problems. He stated the neighborhood is asking for the Council's support in denying this special use permit. Mayor Nyquist inquired of the Director of Planning & Inspection exactly when the item would be discussed at the Planning Commission meeting. The Director of Planning & Inspection stated the item would be heard at the July 16, 1987, Planning Commission meeting at approximately 8 p.m. CONSENT AGENDA Mayor Nyquist inquired if any Councilmember requested any items removed from the consent agenda. Councilmember Hawes requested item 8g be removed and Mayor Nyquist requested item 8f removed from the consent agenda. 7 -13 -87 _1_ Y , APPROVAL OF MINUTES - JUNE 22, 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the June 22, 1987, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE - LUTTERMAN HOMES - 6117 -23 BEARD AVENUE NORTH There was a motion by Councilmember Scott and seconded by Councilmember Hawes to release the performance bond for Lutterman Homes, located at 6117 -23 Beard Avenue North. The motion passed unanimously. PERFORMANCE BOND RELEASE - RIVER ROAD DENTAL - 412 66TH AVENUE NORTH There was a motion by Councilmember Scott and seconded by Councilmember Hawes to release the performance bond for River Road Dental, located at 412 66th Avenue North. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -136 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE SCALE FLYERS OF MINNESOTA AND THE GRASSFIELD R/C CLUB, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -137 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -F (MUNICIPAL SERVICE GARAGE HEATING, IMPROVEMENT PROJECT NO. 1987 -07) , The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -138 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST07/12/87) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Beacon Bowl 6525 Lyndale Avenue N. Scoreboard Pizza 6816 Humboldt Avenue N. 7 -13 -87 -2- FOOD ESTABLISHMENT LICENSE Village House, Inc. 6100 Brooklyn Boulevard GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Block Sanitation 6741 79th Avenue N. Mengelkoch Y Com an 119 NE 14th Street Company Metro Refuse 8168 West 125th Street Midwest Grease Buyers, Inc. P. 0. Box 26 Peterson Brothers Sanitation, Inc. 740 Industry Avenue Robbinsdale Transfer, Inc. 5232 Hanson Court ITINERANT FOOD ESTABLISHMENT LICENSE St. Alphonsus Fun Fair 7025 Halifax Avenue N. MECHANICAL SYSTEMS LICENSE Erickson Heating and A/C 8823 Zealand Avenue N. MOTOR VEHICLE DEALERSHIP LICENSE North Star Dodge Center, Inc. 6800 Brooklyn Boulevard NONPERISHABLE VENDING MACHINE LICENSE Jimmy Jingle 1304 East Lake Street Fingerhut Telemarketing 6860 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. PERISHABLE VENDING MACHINE LICENSE Jimmy Jingle 1304 East Lake Street Fingerhut Telemarketing 6860 Shingle Creek Pkwy. SIGN HANGER'S LICENSE Ace Sign Company 1991 North Broadway SPECIAL FOOD HANDLING LICENSE Kay -Bee Toy & Hobby 1320 Brookdale Center The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Scheduling Public Hearing on the Establishment of an Economic Development Authority in the City. The City Manager noted the Economic Development Authority (EDA) can assume all powers and duties of the HRA. Mayor Nyquist inquired if by creating the EDA the HRA would be dissolved. The City Manager stated he has not received the final word from the City Attorney at this time, but it appears the HRA would be dissolved after the creation of the EDA. RESOLUTION NO. 87 -139 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SCHEDULING PUBLIC HEARING ON THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY 7 -13 -87 -3- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Kenneth Smith. He noted Mr. Smith has been employed by the City of Brooklyn Center for over 19 years. RESOLUTION NO. 87 -140 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KENNETH SMITH 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 Approving Plans and Ordering Advertisement for Bids, Improvement Project No. 1985 -12, Contract 1987 -K (Dallas Road Repair between 72nd and 73rd Avenues North). The Director of Public Works stated at this point Phase I repairs are complete. He noted Phase II of the project, nondestructive testing with a road dater, has not been done because of the dry conditions throughout the winter and spring. He stated in its place a supplemental evaluation was made by Soil Testing Services, Inc. He stated the consultant has proposed permanent repair alternatives and reviewed the design assumptions. He went on to review the final recommendations made by STS and noted there would be an additional cost of approximately 5 000 He pp y $ noted staff concurs with the consultant's recommendations and is recommending the project proceed without the original Phase II testing. Councilmember Theis requested the Director of Public Works to explain more fully the installation of edge drains. The Director of Public Works stated the consultant is suggesting installing a drain system in front of the curb and gutter area. He noted this system would be approximately five and one -half and six feet deep, and this would allow for better drainage in the area. RESOLUTION NO. 87 -141 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1985 -12, CONTRACT 1987 -K (DALLAS ROAD REPAIR BETWEEN 72ND AND 73RD AVENUES NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract 1987 -G (1987 Sealcoating Program, Improvement Project No. 1987 -09). The Director of Public Works stated the amended resolution before the Council this evening does not include the additional work which had been mentioned in the previous resolution and memo. He stated staff would like to further review this item and may consider making additional recommendations for work at a later date. Councilmember Lhotka inquired what the cost of this project was in 1986. 7 -13 -87 -4- 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 p g pp g 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. 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. RECESS The Brooklyn Center City Council recessed at 8:27 p.m. and reconvened at 8:47 p.m. 7 -13 -87 -6- DISCUSSION ITEMS I -694 RECONSTRUCTION PROJECT The City Manager stated representatives from MNDOT were present this evening to review and discuss the proposed plans and schedules for the reconstruction of I- 694 between Brooklyn Boulevard and I -35W. The Director of Public Works noted the official action being requested this evening would only affect the first contract which covers the westbound bridge widening. He stated subsequent contracts would be brought back before the Council in the future. He went on to say the scheduled completion date for this portion of the project is summer 1988, and no construction would begin until T.H. 252 and the new bridge is open. The Director of Public Works stated no action is required this evening on the resolution regarding working hour restrictions because MNDOT has requested this item be removed from the agenda. The Director of Public Works introduced Bob Brown, from MNDOT, who briefly reviewed the proposed project and schedules. Councilmember Theis stated at past Council meetings the possibility of message boards along I -694 has been mentioned. He inquired if any message boards would be installed with this project. Mr. Brown stated two sign boards would be installed and would be active in late 1987 or early 1988. RESOLUTION NO. 87 -145 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF TRUNK HIGHWAY 694 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. MTC PUBLIC HEARING REGARDING PROPOSED SCHEDULE CHANGE TO ROUTE #26 The City Manager stated staff is not recommending the City Council conduct a public hearing to discuss this matter. He stated after reviewing the situation staff concurs with the MTC recommendations. CITY ENGINEER'S REPORT REGARDING SIDEWALKS ON CAMDEN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH The Director of Public Works briefly reviewed the need for new sidewalks on Camden Avenue North between 53rd and 55th Avenues North, and the results of a questionnaire which was sent to the residents in the area. He stated staff recommends replacing the sidewalk on the east side of Camden Avenue only. He stated by replacing the sidewalk on the east side of the street there would be less of a snow removal problem in the winter. Councilmember Scott inquired what would be done with the existing sidewalks on the west side of Camden. The Director of Public Works stated the old sidewalks would be removed and these areas would be sodded. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to set a public hearing for replacement of the sidewalk on Camden Avenue North between 53rd and 55th Avenues North for July 27, 1987. The motion passed unanimously. 7 -13 -87 -7- •J BROOKLYN CENTER HOUSING COMMISSION YEAR 2000 REPORT The HRA Coordinator briefly reviewed the report and the anticipated changes that will take place by the Year 2000. Councilmember Scott stated she feels the Housing Commission has done an excellent job reviewing the trends and issues for this report and hopes all commissions will do as well. PAY EQUITY IMPLEMENTATION PLAN The City Manager briefly reviewed the implementation plan for meeting the State mandates. He stated by making adjustments to the City's compensation plan gradually over three years, it is anticipated the State mandate will be met while minimizing the overburden to the City's budget. Mayor Nyquist stated he has a number of problems and concerns with the Comparable Worth Act, and it appears the act is creating problems where problems do not exist at this time. He inquired, if after reviewing the study and the regression lines, is staff saying the people who fall outside of the 20% corridor are being under or over paid. The City Manager went on to review the process used to evaluate all positions within the City and the methodology of the compensation analysis completed for the Pay Equity Act. Mayor Nyquist stated it appears no consideration has been - given for salary fluctuations due to supply and demand. He stated he has no dispute with the job and report which have been done by City staff but he does not agree with the law. Councilmember Lhotka inquired if other cities are estimating the same annual increased cost. The Personnel Coordinator stated some cities are making approximately the same estimates. However, she noted it depends upon the number of employees the cities have, and the fact some cities have major problems with their salary plans and other cities have less problems than Brooklyn Center. Mayor Nyquist stated he cannot justify approving an additional $100,000 a year tax burden_ to fix something that is not broken. He stated the Council should possibly consider addressing the State law. Councilmember Theis stated he believes staff is wrong in ignoring the market figures. Councilmember Lhotka left the table at 9:58 p.m. The City Manager stated staff is not ignoring the market figures for salaries and noted Brooklyn Center is very close to the market rate. Councilmember Theis stated he is concerned because it appears 60% of the employees are moving up in their salary ranges because of comparable worth. Councilmember Lhotka returned to the table at 10:01 p.m. Councilmember Lhotka inquired what the original intent of the Pay Equity Act was. The City Manager stated in his opinion the original intent was to raise salaries for female dominated positions. However, he stated a law could not be passed that would actually state this intent. Councilmember Theis inquired if any value is figured in for working conditions for certain positions. The City Manager responded affirmatively. He noted basically this plan is a totally new and unique way to figure a pay plan. He added it is also mandated by the State of Minnesota. The City Manager stated the studies which were completed for this analysis value the work the employees do, not how well they complete the work. 7 -13 -87 -8- He stated performance is paid for within a set pay plan range. He added there is not this flexibility with the police union. A brief discussion then ensued regarding the different options for running the regression line analysis. Councilmember Theis stated he would like staff to run another regression line which would bring the people below the 90% mark up to 90 %, and devise a plan for dealing with the people who are above the 110% line. The City Manager stated staff would complete more analysis of this item and report back at the July 27, 1987, City Council meeting. There was a general consensus among Councilmembers to lay over the Pay Equity Act and Implementation Plan until the July 27, 1987, City Council meeting. ORDINANCES AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL The City Manager noted this item was first read on June 22, 1987, published in the City's official newspaper on July 2, 1987, and is offered this evening for a second reading. He stated the originally proposed sections regarding banking of leave time have been removed from this ordinance amendment for further staff review. He stated these changes may be brought back to the Council at a later date. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. The motion passed unanimously. ORDINANCE NO. 87 -05 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 REGARDING PERSONNEL The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance Vacating Easement Along Easterly Side of Lot 4, Block 1, Earle Brown First Addition. He noted this ordinance is offered this evening for a first reading. He stated this ordinance vacates the westerly five feet of the ten foot utility and drainage easement on the east line of Lot 4, Block 1, Earle Brown First Addition. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Vacating Easement Along Easterly Side of Lot 4, Block 1, Earle Brown First Addition and setting a public hearing date for August 10, 1987, at 7:30 p.m. The motion passed unanimously. 7 -13 -87 -9- r The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning. He noted this amendment is a housekeeping change incorporating Section 35 -200 into Section 35 -202. He added this ordinance is offered this evening for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning and setting a public hearing date for August 10, 1987, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Appointment of Special Police Officers. He noted this amendment would delete the section on appointment of special police officers to make the City's ordinance consistent with State law. He added this item is offered this evening for a first reading. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding Appointment of Special Police Officers and setting a public hearing date for August 10, 1987, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal. He noted this amendment would allow for stronger enforcement of the barking dog regulations. He added this item is offered this evening for a first reading. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal, and setting a public hearing date for August 10, 1987, at 7:30 p.m. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:50 p.m. City Clerk Mayor 7 -13 -87 -10- MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner DATE: July 21, 1987 SUBJECT: Performance Guarantees The following performance guarantees are recommended for release: 1. The Ponds Plat 5 72nd Circle and Unity Avenue North Planning Commission Application No. 79031 Amount of Guarantee - $10,000 bond Obligor - Meadow Corporation This development is finally complete and all site improvements are in. Some trees have been relocated as per the request of the homeowners association. Recommend total release. 2. Professional Building 5615 Brooklyn Boulevard Planning Commission Application No. 85013 Amount of Guarantee - $20,000 Obligor - Uhde /Nelson, Inc. All site improvements have been installed. Some existing trees have been substituted for proposed conifers at north end of site. Recommend total release. Approved y� Ronal A. Warren, Director of Planning and nspection s x— M E M O R A N D U M TO: Gerald Splinger, City Manager FROM: Tom Heenan, Supervising Sanitarian 7cJ RE: Revised State Health Department Contract DATE: July 9, 1987 The contract that was mailed from the State Health Department to the Mayors reflects updating of the existing contract that was signed in 1976. The new language more accurately represents the actual practice and will require no additional effort or changes on our part. I would recommend that the Council approve the contract as proposed. TLH:jt minnesota department of health 717 s.e. delaware st. p.o. box 9441 minneapolis 55440 (612) 623 -5000 July 2, 1987 The Honorable Dean Nyquist Mayor City of Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mayor Nyquist: Enclosed are two copies of the Environmental Health Delegation Agreement with the appropriate attachments. This version contains some technical changes that result from legislation just passed in the 1987 session and other technical changes to clarify earlier language. These changes were discussed with the State Community Health Services Advisory Committee (SCHSAC) on June 19, 1987 and are considered necessary for an up -to -date delegation agreement. The changes are the following: 1. Citations have been changed to reflect the passage of the local Public Health Act, (Laws of Minnesota 1987, Chapter 309) which will go into effect on August 1, 1987. 2. A reference has been added to the amended Chapter 157. That amendment, adopted during the 1987 legislative session, changed the required inspection frequency for food, beverage and lodging facilities from once per year to a risk -based inspection frequency. The new law authorizes MDH and CHS agencies to prioritize inspection frequency. It does not increase the number of routine inspections required. 3. The sections in the attachments related to plan review have been restated to clarify that the Commissioner may deem a city or county competent to review plans and specifications for plumbing, individual sewage treatment systems, and water wells. For informational purposes, I have also enclosed a version of the previous revised model delegation agreement (mailed on March 11, 1987) in order that deleted language (shown with strike through) and new language (underlined) may be easily compared to current language. Please sign both copies of the enclosed Environmental Health Delegation Agreement and return them to me by August 1, 1987 After I have signed them, a fully executed copy will be returned to you for your files. S'ncerely yours, ister Mary adonna Ashton ommissione of Health SMMA /MFM /lw Enclosures cc: CHS Administrators Environmental Health Directors an equal opportunity employer NOT OFFICIAL DRAFT ONLY AGREEMENT THIS AGREEMENT, effective on the 1st day of 3.41-y- Au ust 19_, made and entered into, by and between the Commissioner of Health, hereinafter referred to as the "State ", and the ( ), hereinafter referred to as the ( ), pursuant to Minnesota StatlLtas� 1986. �#apte Laws of M innesota, 1987, Chapter 309. WITNESSETH: WHEREAS, the State, as set out in Laws of Minnesota, 1987, Chapter 309, Minnesota Statutes, Chapters 144, 145, 156A., 157, 326, 327 has the responsibility to inspect and regulate facilities for the purpose of preventing and abating environmental health hazards; and WHEREAS, the ( ) has an environmental health staff which is authorized and has the capability to provide technical advice, review plans, sample, inspect and enforce the rules for the facilities as addressed in the attachments hereto; NOW, THEREFORE, THE STATE AND THE ( ) JOINTLY AGREE as follows: 1. The State hereby delegates to the ( ) and the ( ) hereby agrees to carry out the provisions contained in the attachment(s) hereto which are incorporated into this Agreement and which are identified as Attachment I entitled Food, Beverage and Lodging Establishments, consisting of three pages; Attachment II entitled Manufactured Home Parks and Recreational Camping Areas, consisting of three pages; Attachment III entitled Children's Camps, consisting of three pages; Attachment IV, Non - community Water supplies, consisting of two pages and Attachment V, entitled Water Wells, consisting of three pages. It is understood that this agreement does not delegate authorities which are the responsibility of the Department of Agriculture, the Pollution Control Agency, or any other state agency. 2. Except as otherwise noted, on the effective date of this Agreement, the State will discontinue all of the activities which the ( ) agrees to undertake, as provided in the Attachments. 3. Minimum Qualifications for Environmental Health Staff. All delegated activities except those which contain other specific personnel qualifications will be conducted by personnel who are Registered Sanitarians unless otherwise approved by the - Minnesota Department of Health. It is understood that any individual hired to perform delegated activities who meets minimum academic qualifications will be allowed up to two years to become registered. 4. The ( ) shall address in their CHS plans how they will maintain coverage in staff absences using qualified non -State personnel.. The State will be notified immediately if the ( ) cannot fulfill its responsibility. 5. The State will provide, without cost to the ( ), orientation, training, consultation on problems, and other supportive services for the environmental health staff of the ( ). The State will provide, without cost to the ( ), consultation and advice on rules promulgated by the State which are to be enforced by the ( ). In addition, the State will provide on -site consultation to the ( )'s environmental program at least once a year. 6. The State will conduct a formal evaluation of the ( )'s program not more than once a year and not less than once every three years to determine its continued compliance with this Agreement. A written report on the results of the evaluation including progress made since the last evaluation and identification of new deficiencies shall be submitted to the ( ). The minimum acceptable standard for the ( )'s performance is prescribed in the appropriate attachments. 7. After program evaluation by the State, the ( ) will be notified in the report that the State finds that the program falls in one of the three following categories: a. The program is acceptable. b. The program is unacceptable. The program evaluation has identified certain specified problems that make the program unacceptable and the program is placed on provisional status. The program is then required to submit a plan of correction - within 60 days; or C. The program is immediately terminated. The evaluation has identified certain specified problems, the seriousness of which requires immediate termination of the program. Termination by the State shall be accompanied by documentation that the ( )'s programs require such termination. 8. This Agreement shall continue in effect until terminated by either party. The Agreement shall be confirmed in the CHS Plan during each CHS planning cycle. 9. Notice of termination shall be made in writing to the State no less than one year prior to the beginning of the calendar year in which the termination will become effective. 10. In the event that the ( ) does not provide services during the termination process, the ( ) must contract with another qualified party, or adjacent county /city to continue provision of services for the duration of the Agreement. 11. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 1� 12. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the same subject hereof. 13. This Agreement shall be effective on Jul-y August 1, 1987. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the dates shown below. MINNESOTA DEPARTMENT OF HEALTH ( ) By: B � ` Commissioner Y' Date ® Date By: Date r Attachment ( ) Food, Beverage and Lodging Establishments A. The ( ) shall perform the functions assigned to the State by Minnesota Statutes, Chapter 157, regarding hotels, motels, boarding houses, lodging houses, restaurants, places of refreshment, and resorts (hereafter referred to as food, beverage Y and lodging establishments) located in the ( ) of ( ), and shall enforce all applicable ordinances pertaining thereto. B. The ( ) agrees to enforce ordinances adopted by the ( ) with an effective date of not later than ( ), establishing standards for food, beverage and lodging establish- ments which are at least equivalent to the minimum standards established by Minnesota Statutes, Chapter 157, and rules promulgated thereunder. Nothing in this paragraph may be con- strued to prohibit the ( ) from enforcing ordinances with more stringent requirements than those contained in Minnesota Statutes, Chapter 157, and rules promulgated thereunder. C. The ( ) shall inspect food, beverage and lodging facilities to determine compliance with Minnnesota rules, parts 4625.0100 to 4625.2300 (lodging), parts 4625.2400 to 4625.5000 (food and beverage), parts 4717.0100 to 4717.3900 (swimming pool) and parts 4620.0100 to 4620.1500 (clean indoor air), and shall respond to complaints relating to standards prescribed in the rules. The ( ) shall inspect each food, beverage and lodging establishment at least onc.e at the frequency prescribed in Minnesota Statutes, Chapter 157. The ( ) shall make timely follow -up inspections if necessary to assure compliance with orders for correction of deficiencies. Public non - community water supplies serving food, beverage and lodging facilities shall be sampled by ( ) in accordance with Minnesota rules, parts 4720.0010 to 4720.4600. ®r D. The ( ) shall prepare inspection reports which contain a statement of violations, orders for correction of violations, and set dates of compliance. These reports shall be available for review by the State at reasonable times. E. The ( ) shall review and approve plans and speai 44a4ionc for prop"ed— inspect new construction, and /or alterations or additions to existing facilities to determine compliance with State rules relating to food and beverage _establishments (parts 4625.2400 to 4625.5000), lodging establishments (parts 4625.0100 to 4625.2300), and individual sewage treatment systems (parts 7080.0010 to 7080.0240), prior to commencement of construction or remodeling activity. The ( ) will make reviews of submitted plans and specifications available to the State upon request. Unless the State has determined that the ( ) has technical expertise to review plans and specifications covering plumbing (parts 4715.0100 to 4715.5600), individual sewage treatment systems (parts 7080.0010 to 7080.0240), and water wells (parts 4725.0100 to 4725.7600) the ( ) shall submit such plans and specifications to the State for review. All up blic swimming pool (parts 4717.0100 to 4717.3900) Tans and specifications shall be submitted to the State for review. The State will review all submitted plans and specifications within 30 days. F. The ( ) shall perform the inspection, licensing, enforcement and other services agreed to herein without cost to the State except for subsidy funds and special grants. G. The ( ) will submit to the State a list of food, beverage and lodging establishments with the annual CHS data reports on April 1 of each year. The facilities listed are those licensed or permitted as of December 31 of each year. Fi._ Tha &tae -wi�� - r�uiew- wi- �t�ir� 38- day e- st�bed�lawa aRE wci i- tidual aware - tuatment - c�st ams - �pa� -ts 08a.0.O10, --t a - �11.8.4,�24D.} - .arm -� • , �; r -�.H. The State, utilizing United States Food and Drug Administration recommended procedures and format, will survey and evaluate the ( ) activities for food and beverage .and - - -- s9-establishments and the State evaluation procedures for lodging establishments in accordance with provisions of item #6 of this Agreement. The State will submit a survey and evaluation report to the ( ). The report will identify deficiencies in the activities, if any, and note conditions that must be met to maintain the Agreement in force. I. The State and the ( ) will each assign a person to serve as a liaison and to be responsible for maintaining communications as to procedures and activities of their respective groups. The liaison persons are: ( ) State Attachment ( j Manufactured Home Parks and Recreational Camping Areas A. The ( ) shall perform the functions assigned to the State by Minnesota Statutes, Chapter 327, regarding manufactured home parks and recreational camping areas located in the ( ) of ( ), and shall enforce all applicable ordinances pertaining thereto. B. The ( ) agrees to enforce ordinances adopted by the ( ) with an effective date of not later than Ju-1 -y August 1, 1987, establishing standards for manufactured home parks and recreational camping areas which are at least equivalent to the minimum standards established by Minnesota Statutes, Chapter 327, and rules promulgated thereunder. Nothing in this paragraph may be construed to prohibit the ( ) from enforcing ordinances with more stringent requirements than those contained in Minnesota Statutes, Chapter 327, and rules promulgated thereunder. C. The ( ) shall inspect manufactured home parks and recreational camping areas to determine compliance with Minnesota rules, parts 4630.0200 to 4630.2200 and where applicable the rules governing public swimming pools (parts 4717.0100 to 4717.3900), and shall respond to complaints relating to standards prescribed in the rules. The ( ) shall inspect each manufactured home park at least once annually and shall inspect each recreational camping area at least once annually during p g y g its operating season. The ( ) shall make timely follow -up inspections if necessary to assure compliance with orders for correction of deficiencies. Public non - community water supplies serving manufactured home parks or recreational camping areas shall be sampled in accordance with parts 4720.0010 to 4720.4600. D. The ( ) shall prepare inspection reports which contain a statement of violations, orders for correction of violations, and set dates of compliance. These reports shall be available for review by the State at reasonable times. E. The ( ) shall review and approve plans and 4cPsc,ifications -f-ox- pr.cpo&" inspect new construction, and /or alterations or additions to existing facilities to determine compliance with applicable State rules relating to manufactured home parks and recreational camping areas (parts 4630.0200 to 4630.2200), and individual sewage treatment systems (parts 7080.0010 to 7080.0240), prior to commencement of construction or remodeling activity. The ( ) will make reviews of submitted plans and specifications available to the State upon request. Unless the State has determined that the ( ) has technical expertise to review 1p ans and specifications covering plumbing (parts 4715.0100 to 4715.5600), individual sewage treatment systems (parts 7080.0010 to 7080.0240, and water wells (parts 4725.0100 to 4725.7600) the ( ) shall submit such 1p ans and specifications to the State for review. All up blic swimming pool (parts 4717.0100 to 4717.3900) lP ans and specifications shall be submitted to the State for review. The State will review all submitted plans and specifications within 30 days. The State will retain responsibility for all plan review, inspection and sampling of public community water supply systems serving manufactured home parks. F. The ( ) shall perform inspection, licensing, enforcement, consultation and other services agreed to herein without cost to the State except for subsidy funds and special grants. G. The ( ) will submit to the State a list of manufactured home parks and recreational camping areas with the annual CHS data reports on April 1 of each year. The facilities listed are those licensed or permitted as of December 31 of each ,� year. H: - The - State fur pt review, inspection and sa=7 king"- cf' pirLT- rctvmmutritT z}�ateao-s -�a� 1c a T- a e-- a �- rettrin eu-teg- g�atts -a�x -ski f3ea �sarrs -fermi rater 8 i1- 1 ]fljG -pee +s' h - 4'i�7��49&}, 4.H. The State and the ( ) will each assign a person to -serve as a liaison and to be responsible for maintaining communications as to procedures and activities of their respective groups. The liaison persons are: ( ) State Attachment ( ) Children's Camps A. The ( ) shall perform the functions assigned to the State by Minnesota Statutes, 144.71, et seq., regarding children's camps located in the ( ) of ( ) and shall enforce all applicable ordinances pertaining thereto. B. The ( ) agrees to enforce ordinances adopted by the ( ) with an effective date of not later than auty Au ust 1, 1987, establishing standards for children's camps which are at least equivalent to the minimum standards established by Minnesota Statutes, 144.71- 144.76, and rules promulgated thereunder. Nothing in this,paragraph may be construed to! prohibit the ( ) from enforcing ordinances with more stringent requirements than those contained in Minnesota Statutes, 144.71- 144.76, and rules promulgated thereunder. C. The ( ) shall inspect children's camps to determine compliance with Minnesota rules, parts 4630.2300 to 4630.4700 and shall respond to complaints relating to standards prescribed in the rule. The ( ) shall inspect each children's camp at least once annually during its operating season. The ( ) shall make timely follow -up inspections if necessary to assure compliance with orders for correction of deficiencies. Public non - community water supplies serving children's camps shall be sampled in accordance with Minnesota rule, parts 4720.0010 to 4720.4600. D. The ( ) shall prepare inspection reports which contain a statement of violations, orders for correction of violations, and set dates of compliance. These reports shall be available for review by the State at reasonable times. E. The ( ) shall review and approve plans and speni.ficatians -fc= pro posed. inspect new construction, and /or alterations or additions to existing facilities to determine compliance with applicable State rules relating to children's camps (parts 4630.2300 to 4630.4700), food establishments (parts 4625.2400 to 4625.5000), and individual sewage treatment systems (parts 7080.0010 to 7080.0240), prior to commencement of construction or remodeling activity. The ( ) will make reviews of submitted plans and specifications available to the State upon request. Unless the State has determined that the ( ) has the technical expertise to review plans and specifications covering plumbing (parts 4715.0100 to 4715.5600), individual sewage treatment systems (parts 7080.0010 to 7080.0240), and water wells (parts 4725.0100 to 4725.7600), the ( ) shall submit such plans and specifications to the State for review. All up blic swimming of (parts 4717.0100 to 4717.3900) L laps and specifications _ shall be subm to the State for revie The State will review all submitted plans and specifications within 30 days. F. The ( ) shall perform inspection, permitting, enforcement, consultation and other services agreed to herein without cost to the State except for subsidy funds and special grants. G. The ( ) will submit to the State a list of children's camps with the annual CHS data reports on April 1 of each year. The facilities listed are those licensed or permitted as of December 31 of each year. E6- 44ie 6t-ate- wii� -tete� n - teaperre3ir#�ity -- for- Yrrirarir gtares ae4- apes iieet-iens --fer- water - wells- {par 471 6 n4--pntr1 sw3-makag-- peo-l$- +park - 47-4? :8209- to- - -7+-7- 4990}- - A.r. H.Z. The State and the ( ) will each assign a person to serve as a liaison and to be responsible for maintaining communications as to procedures and activities of their respective groups. The liaison persons are: ( ) State e Attachment ( ) Non- Community Water Supplies Pursuant to the Safe Drinking Water Act, Minnesota Statutes, 144.381, et seq. , E19 -740 1986), the ( ) agrees to the following: A. The ( ) will maintain an inventory of all public non - community water supplies located within the ( ) of ( ). The State assigned identification number shall be used to identify the supply on all the ( )'s forms. B. The ( ) will conduct a minimum of one complete sanitary survey of each supply listed on its inventory at least every three years, and make timely follow -up inspections to assure compliance with Minnesota rules, parts 4720.0010 to 4720.4600 and 4725.0100 to 4725.7600. C. The ( ) will prepare inspection and sanitary survey reports on forms provided by the State. The first report pre- pared after this agreement takes effect will be sent to the State. Thereafter, inspection and sanitary survey reports will be retained by the ( ) and be available for viewing by the State at reasonable times. D. The ( ) will monitor the water quality, and collect routine and check samples for bacteriological contamination and nitrate contamination at no less than the frequency prescribed in Minnesota rule, parts 4720.1200 and 4720.1400. The ( ) will analyze for bacteriological contaminants in accordance with the procedure prescribed in Minnesota rule, part 4720.0500. Whenever any coliform bacteria are found in a single routine sample, at least two consecutive daily check samples will be collected from the same sampling point and analyzed. Where practical, the check samples will be collected on the first two days following notification of a positive routine sample. E. The ( ) will send to the State, once per quarter, copies of results of all analyses made pursuant to Section D. F. The ( ) will collect and send to the State water samples for analysis of nitrate nitrogen. The State will provide sample bottles, report forms and postage paid mailing containers. G. The State will send to the ( } copies of results of all analyses performed by it, pursuant to paragraph F as they become available. H. If a supply which is inventoried by the ( ), pursuant to Section A, shows evidence of either bacterial or nitrate contamination, the ( ) will take the necessary follow -up action to bring the water supply into compliance with the law and rules. The State will be notified immediately of any action taken by the ( ) to bring the system into compliance. Whenever public notification must be made, as required in Minnesota rule, part 4720.3900, the ( ) will assure such notification is given in the form and manner prescribed in the rule. I. The ( ) agrees to provide necessary technical consul- tation to the operator of a non - community public water supply and to carry out all other responsibilities described in this agree- ment without cost to the State except for subsidy funds and special grants. J. The State and the ( ) will each assign a person to serve as a liaison and to be responsible for maintaining communi- cations as to procedures and activities of their respective groups. The liaison persons are: ( ) State Attachment ( ) WATER WELLS A. The ( ) has an environmental health staff competent to inspect water wells, including wells used for drinking or domestic purposes, irrigation or groundwater quality monitoring, and the resources necessary to enforce the statutes and rules pertaining thereto. The State, through its Division of Environmental Health, Ground Water Quality Control Unit, shall certify that the ( ) environmental health staff person is qualified pursuant to the examination procedures established by the State. B. The ( ) shall perform the functions assigned to the State by Minnesota Statutes, Chapter 156A, and rules adopted thereunder relating to wells located in the ( ) of ( ) as well as enforcement of applicable ordinances pertaining thereto. C. The ( ) shall inspect the construction of new wells and the reconstruction of existing wells to determine if location, construction and abandonment comply with Minnesota rules, Chapter 4725.0100- 4725.7600 (hereafter called the 'Well Code'), and to determine if the driller is licensed in accordance with Minnesota rules, Chapter 4725. D. Results of any well inspection shall be noted on an inspection form, approved by the State. The ( ) will maintain a copy of each inspection report available for the State to review or copy upon completion of a new well or upon repair or abandonment of an existing well on a quarterly basis. E. If the ( ) issues permits for construction of new wells and /or repair of existing wells, the ( ) shall send to the State annually a report of the number of the permits issued through December 31 of the reporting year and maintain available for State review a copy of each such permit it issues. The report to the State shall be submitted with the annual CHS data reports on April 1 of each year. F. Variance requests of items governed by State rule shall be reviewed in accordance with criteria prescribed by the State. Any variance considered by the ( ) must first be reviewed and approved or denied by the State within 30 days of receipt of the request. G. If the ( ) analyzes samples of water from new wells to fulfill the State's requirements for sampling that would otherwise be performed by the State, the ( ) shall forward to the State a copy of the analytical report within 30 days of sampling. H. The ( ) shall enforce all relevant portions of the Well Code by seeking injunctions pursuant to ximpasota Statu.t" Cbap4ez- 145.0-75 - 43844 Laws of Minnesota 1987, Chapter 309, or by assisting the county or city attorney to bring criminal actions against violators pursuant to Minnesota Statutes Chapter 156A.08 (1986). A summary record of each action taken by the ( ) shall be filed with the Minnesota Department of Health. The ( ) will consult with the State prior to initiating an enforcement action related to items governed by State rules. I. The ( ) shall perform the inspection, enforcement and other services agreed to herein without cost to the State except for subsidy funds and special grants. J. The State will provide technical advice and consultation to the ( ) to the extent feasible, based upon availability of State resources. The State agrees 1. to furnish advice by telephone, meetings, or onsite inspection for problems relating to the enforcement of the Water Well Construction Code. 2. to assist in enforcement proceedings. 3. to conduct downhole and geophysical well surveys to determine proper well construction or compliance with the Water Well Construction Code. 4. to provide selected chemical analysis for wells posing a public health hazard. R. The State shall periodically review the ( )'s program in accordance with item #6 of this Agreement. Criteria for such review shall include, but not be limited to, the following: inspector's continuing training in well drilling techniques and hydrology, number of new wells drilled and their compliance with the Well Code, number of wells inspected, number of wells abandoned or repaired, etc. L. The State shall provide a training program at least every two years within the State for contractors and inspectors. M. The State and the ( ) will each assign a person to serve as a liaison and to be responsible for maintaining communications as to procedures and activities of their respective groups. The liaison persons are: ( ) State 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. DST07/27/87) 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 nuinance: 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 EARLE BR FARM TOWNH 0000 YORK PLACE 149 EARLE BR FARM TOWNH 0000 YORK PLACE 150 EARLE BR FARM TOWNH 0000 YORK PLACE 151 EARLE BR FARM TOWNH 0000 YORK PLACE 152 EARLE BR FARM TOWNH 0000 YORK PLACE 153 ANNA B JORGENSEN 5730 GIRARD AVE N 164 CH OF ST. ALPHONSUS 7025 HALIFAX AVE N 165 CH OF ST ALPHONSUS 7025 HALIFAX AVE NO 166 ROBERT A TESSMAN 1900 BROOKVIEW 167 ELIZABETH WELLMAN 5931 COLFAX AVE NO 168 JOHN F LARSON 5925 COLFAX AVE N 169 RODNEY L SNYDER 6408 WILLOW LANE N 170 ALVIN & J. FLYNN 6512 WILLOW LANE N 171 ERIC L JOHNSON 6225 QUAIL AVE NO 172 TIMOTHY TIGUE 5717 BROOKLYN BLVD .173 JOHN R TONNESON 1007 65TH AVE N 174 HENRY S BARLI 7044 DREW AVE N 175 DALE A GERASCH 7230 RIVERDALE ROAD 176 ALVIN BLADE 4957 BROOKLYN BLVD 177 ROGER & PAT KLEIS 5333 4TH STREET NO 178 HARRY BUECHNER 5261 TWIN LK BLVD E 179 BERNARD L SEAL 3912 ECKBERG DRIVE 180 JOANNE M OVERMANN 2918 65TH AVENUE NO 181 DOUGLAS WHEELER 6430 MARLIN DRIVE 182 FRANCES A PETERSON 5403 BRYANT AVE N 183 EINAR A LANE 7200 FREMONT AVE N 184 LORRAINE ANDERSON 6715 FRANCE AVE N 185 JEFFREY & JANE TONE 5300 HOWE LANE 186 WENDELL G ARNDT 5307 WINCHESTER LANE 187 AUDEEN A RICHETTO 6225 PERRY AVE N 188 GEORGE H MAYLEBEN 4901 63RD AVENUE NO 189 BARBARA J EVERTZ 5732 BRYANT AVE NO 190 PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER JAMES & MARY TALMAGE 3715 50TH AVE NO 191 JEFF & LONA PORTER 5615 FREMONT AVE NO 192 ROBERT A TESSMAN 1900 BROOKVIEW DRIVE 193 LEWIS EDWIN WILLIAMS 2332 BROOKVIEW DRIVE 194 BERT E HEGG 5825 IRVING AVE NO 195 BARBARA D MOHR 6026 HUMBOLDT AVE N 196 HENRY F WOS 5510 LYNDALE AVE N 197 DELORES D KARR 5608 LYNDALE AVE N 198 DELORES D KARR 5608 LYNDALE AVE N 199 DELORES D KARR 5608 LYNDALE AVE N 200 ELOF B LARSON 6 712 5TH STREET N 201 ELOF B LARSON 6712 5TH STREET N 202 ELOF B LARSON 6712 5TH STREET N 203 ELOF B LARSON 6712 5TH STREET N 204 ELOF B LARSON 6712 5TH STREET N 205 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 s hearing, the tree shall be removed b the City. g c> y . y 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 econded b y Y member and upon vote being taken voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITION OF REAL ESTATE EXISTING AT 6933 BROOKLYN BOULEVARD IN THE CITY OF BROOKLYN CENTER WHEREAS, Brooklyn Center City Ordinance Section 19 -101, Subdivision 1, defines a public nuisance as maintaining or permitting "a condition which unreasonably annoys, injures or endangers the safety, health morals, comfort, or repose of any number of members of the public;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Subdivision 3 defines public nuisance as "[g] arbage not stored in rodent free and fly -tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Subdivision 4 defines public nuisance as "[a] ccumulations of rubbish as defined herein;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Subdivision 4 defines public nuisance as "[t] he emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number of members of the public;" and WHEREAS, Brooklyn Center City Ordinance 19 -103, Subdivision 11 defines public nuisance as "[a] ccumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public;" and WHEREAS, Minnesota Statutes No. 463.15 et. seq. defines a hazardous building as "any building which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health" and further permits the City Council to correct the hazardous condition of any parcel of real estate; and WHEREAS, the Director of Planning and Inspection has given a report to the City Council relative to the condition of the property located at 6933 Brooklyn Boulevard which creates such a public nuisance and hazardous conditions; and WHEREAS, said report has been considered by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. That the unsecure dwelling and garage allowing unprohibited access to the general public as well as rodents and vermin; the accumulation of garbage, refuse and debris in the dwelling and garage; and the broken or inoperable soil stack in the dwelling; all of which are located at 6933 Brooklyn Boulevard are in violation of City Ordinances and constitutes a hazardous condition of real estate in accordance with Minnesota Statutes 463.15 et. seq. RESOLUTION NO. 2. That said ordinance violations are found to be a public nuisance and a hazardous condition of real estate for the reasons set forth in the written report from the Director of Planning and Inspection, a copy of which is attached to this resolution and incorporated by reference. 3• That abatement of the nuisance and hazardous condition of real estate is hereby ordered by the City Council of the City of Brooklyn Center by: a) securing the dwelling and garage in a manner to effectively prohibit access to the general public as well as rodents and vermin. b) removing all garbage, refuse and debris from the dwelling, garage and surrounding property. c) cleaning, sanitizing, and disinfecting sewage contaminated areas. d) repairing the inoperable soil stack which allows unsanitary waste materials from entering the dwelling. 4. That a written order directing the property owner to correct the condition within twenty days of service of the order be served on the property owner and all lien holders of record. 5. If the condition is not corrected within that time, the City will obtain a judgment in court allowing the City to abate the nuisance and hazardous condition and assess the costs of abatement to the property owner under Brooklyn Center City Ordinance Section 19 -105 and Minnesota Statutes No. 463.21 (1986). Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectio" • DATE: July 22, 1987 SUBJECT: Resolution Ordering the Abatement of Nuisance and Hazardous Conditions at 6933 Brooklyn Boulevard A resolution will be presented to the City Council on July 27, 1987 ordering the abatement of nuisance and hazardous conditions at 6933 Brooklyn Boulevard. The resolution, in addition to ordering the abatement, gives the property owner 20 days in which to correct the nuisance and hazardous conditions at the property. If compliance is not obtained within that time, the resolution further authorizes the City to obtain a judgment in court to allow the City to abate the nuisance and hazardous conditions and assess the cost of such abatement to the property owner consistent with City ordinance and State Statutues. This requested action is deemed necessary as a result of an inspection of the property conducted on June 25, 1987 following the receipt of a complaint by the Sanitarian. The inspection of the property was conducted by the Building Official, Building Inspector and Public Health Sanitarian. At that time, it was discovered that there were large piles of rotting garbage in several areas of the basement and in the garage as well. Furthermore, the Inspectors discovered a broken or inoperable soil stack which was causing raw sewage to accumulate in the basement. The soil stack is the main drain and waste vent for the plumbing system in this two family dwelling. It appears to be either obstructed or broken in such a manner as to cause the backup problem in the basement. The inspection also revealed a large brush pile behind the garage and miscellaneous rubbish and debris which have accumulated in the back yard. The Inspectors posted the house as "Unfit for Human Occupancy" and notified the tenant living in the upper dwelling unit that she should vacate the premises within 72 hours. The Sanitarian then sent a certified letter to the listed property owner, Jeff Hansen, 2939 Polk St. N.E., Minneapolis, Minnesota, notifying him of the health and safety problems at the property, the fact that the house had been posted as "Unfit for Human Occupancy" and directing him to make the necessary corrections within 10 days of the receipt of the notice from the City. (See June 29, 1987 letter from the Sanitarian to Jeff Hansen attached). Following receipt of the letter by Mr. Hansen, he claimed not to be the owner of the property in question and advised us that the property had been sold at a sheriff's auction to the Federal National Mortgage Association on February 6, 1987. However, as we understand the situation, there is a redemption period of six months in which Mr. Hansen can redeem the property and he is, therefore, still considered to be the owner of record and responsible until August 6, 1987. We have made attempts to urge Mr. Hansen to correct the hazardous conditions at the site by first of all, securing the house and garage from access by the general public; secondly to remove all garbage from the premises; third to repair the soil stack causing the raw sewage to accumulate in the basement; and fourth by cleaning and disinfecting any sewage contaminated areas. Mr. Hansen has attempted to address some of these concerns although not in a satisfactory manner. Page 2 July 22, 1887 We have also had discussions with an attorney representing the Federal National Mortgage Association who has indicated that their client will undertake correction of the problems once they take possession of the property which would be on August 7, 1987. Our purpose in presenting the resolution ordering the abatement of the nuisance and hazardous conditions is to assure that notice is given to property owners and persons having an interest in the property that a nuisance and hazardous condition does exist at 6933 Brooklyn Boulevard and that these matters must be addressed immediately. By having this resolution adopted by the City Council, we are in a position to attempt to correct the most serious health and safety concerns provided the responsible party does not address these concerns in an expeditious manner. Attached is a July 21, 1987 memo to myself from the Public Health Sanitarian noting the problems and the four areas that we believe need immediate attention. The house and, I would add, the garage, should be made secure from entry by the general public and to prevent rodents and other vermin from establishing harborages in the garbage and refuse on the site. All garbage, rubbish, and debris should be removed from the dwelling and the garage. The main soil stack which is inoperable should be repaired to prevent raw sewage from accumulating in the basement. And finally, the sewage contaminated areas should be cleaned, sanitized and disinfected. By correcting these matters we believe the serious health and safety concerns would be addressed. Occupancy of this two - family dwelling, however, would still not be allowed until compliance with other housing maintenance and occupancy ordinance provisions effecting occupancy of the dwelling have been addressed as well. I concur in the recommendation of the Sanitarian that the situation existing at 6933 Brooklyn Boulevard poses a significant health hazard due to the unsanitary conditions existing there. The Sanitarian's report also goes on to cite the potential health problems related to the continuation of the unsanitary conditions existing at the property. mll M E M O R A N D U M TO: Ron Warren, Director of Planning & Inspection FROM: Mary Fandrey, Public Health Sanitarian RE: Resolution Ordering Abatement of Nuisance and Hazardous Condition at 6933 Brooklyn Blvd. DATE: July 21, 1987 As a result of a complaint, an investigation of the property at 6933 Brooklyn Blvd. was conducted. Present were Mary Fandrey, Sanitarian; and Building Official, Andy Alberti and Building Inspector, Clay Larson. During that investigation, the property was posted "Unfit for Human Habitation ", and the tenant was ordered to vacate the premises, due to the following conditions: 1. The main soil stack was leaking, causing raw sewage to be deposited on the basement floor. 2. Large quantities of food garbage were present in several areas of the basement and lying in the sewage. Orders were issued to the owner of the property, Jeff Hanson, 2939 Polk Street N.E., Minneapolis, Minnesota, to: 1. Secure the house against entry. 2. Remove all garbage from the premises. 3. Repair the main soil stack. 4. Clean and disinfect sewage- contaminated areas. A compliance date of July 17, 1987, was established by allowing ten (10) days from receiipt of a hand - delivered notice to Mr. Hanson. As of July 20, 1987, only minimal progress had been made. Two boards had been nailed across the side and upstairs near doors to prevent entry, but the front entry had only a screen door and was open to the elements. Also several windows are open, protected only by screens and several basement windows are open without benefit of screens. I believe this house poses a significant health hazard and nuisance situation due to the unsanitary conditions existing there. e Many diseases can arise from such conditions, including but not limited to typhoid, hepatitis and numeroous other viral diseases. There is a real possibility of rodents invading the property, if they have not already. Rodents are also known to carry many diseases and transmit them to man. In addition, the odor due to the rotting garbage in the garage and basement is becoming a definite nuisance in the neighborhood. Due to the above outlined conditions, and the lack of cooperation from the owner, I believe it would be prudent for the City Council to adopt a resolution to at least undertaking to secure the house and garage against entry, if not also removing all garbage and sewage. MEF:jt June 29, 1987 Jeff Hansen 2939 Polk Street N.E. Minneapolis, MN 55418 Certified Letter #P472- 001 -032 RE: 6933 Brooklyn Blvd., Brooklyn Center, MN Dear Mr. Hansen: I am writing in regard to the property you own at 6933 Brooklyn Blvd., Brooklyn Center, Minnesota. In response to a complaint on June 25, 1987, an investigation of the property was conducted by the Brooklyn Center Building Inspectors, Clay Larson and Andy Alberti and myself. In accordance with Brooklyn Center Code Chapter 12- 1101, we posted the house "Unfit for Human Occupancy ". No one should be residing at this address at this time. Entry may be for cleaning purposes and removal of possessions only. The house should be secured against entry. There are large piles of rotting garbage in several areas of the basement and also in the garage. There is a leak from the main stack causing raw sewage to accumulate in the basement. You should have the basement floor and stairway professionally cleaned and disinfected and all garbage removed. Also, clean and disinfect the stairway walls to remove the mildew in that area. • There are also violations on the City Garbage Code: There is a large brush pile behind the garage. There are miscellaneous papers, scrap metal, broken glass, some springs, various metal parts and fencing. These should all be removed or stored in an enclosed area. All of the above should be accomplished within ten (10) days of receipt of this notice or the City will contract for clean -up, and removal services and costs will be assessed against the property. If you have any questions regarding this matter, please contact me at 537 -8421. The building inspectors from Brooklyn Center can enumerate the various violations of the Building Code. Please call them at 561 -5440. Sincerely, Mary E. Fandrey Public Health Sanitarian Crystal, Brooklyn Center, Brooklyn Park Health Department MEF:jt cc: Clay Larson, Building Inspector Andy Alberti, Building Inspector 10a. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: July 23, 1987 SUBJECT: New Ordinance Required The state legislators passed a new bill which adds a new section to 626.862, Powers of Law Enforcement Officers. This new section makes it illegal for anyone except a peace officer, constable or part -time peace officer to write a citation unless specifically authorized by ordinance. This new statute will take effect on August 1, 1987. We feel it is necessary to reserve the right to have our Code Enforcement Officers, Health Department employees, and Building Inspectors able to issue a citation without calling a Police Officer. Otherwise only Police Officers could write citations for parking, junk vehicles, garbage, food violations, sign violations or any of the other non - criminal violations that are now being written by others. Fire Department employees are already given that authority in the present Fire Code. Therefore, we have drafted the attached ordinance to give our Code Enforcement Officers, Health Department employees, and Building Inspectors the authority to issue citations. If you have any questions, please contact me. 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1987 at .m. at the City Hall, 6301 Shingle Creek Parkway, to consider the addition of a new City 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 NO. AN ORDINANCE ADDING CHAPTER 18 REGARDING AUTHORITY OF CERTAIN PERSONNEL TO ISSUE CITATIIONS IN SPECIFIED CIRCUMSTANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 18 is hereby added to the City Ordinances, with the following language: Section 18 -101 In the judgment of the City Council of the City of Brooklyn Center, it is necessary to 'authorize certain employees who are not licensed police officers to issue citations in specified circumstances Section 18 -102. AUTHORITY TO ISSUE CITATIONS. The following employees of the City of Brooklyn Center, are authorized to issue citations in the specified circumstances A. Code Enforcement Officers These employees, if designated by the city manager, under the direct supervision of the police department, are authorized to issue citations for: Violations of the animal ordinance; _(2I Nonmoving traffic violations, (such as handicapped parking, fire lane parking, green strip violations, et cetera); �Z Violations of the City's sign ordinance at the request of the director of planning & inspections or his designee; lil Violations of the City's building code, at the request of the director of planning & inspections or his designee; 151 Violations of the City's housing maintenance and occupation ordinance at the request of the director of planning & inspections or his designee; Brooklyn Center City Ordinance Page 2 Chapter 18 - (61 Violations of the City's nuisance ordinance (such as unlicensed /inoperable vehicles, storing or accumulation of garbage, or number of animals); (7) Bicycle violations; (8) Violations of the City's license ordinances (such as failure to obtain rental dwelling license, or failure to license amusement device et cetera) at the request of the City's licensing authority 1-21 Violations of the city's zoning ordinance at the request of the director of planning & inspections or his desi nee; 10 Violations of the City's fire code; and 11 L Violations of the City's garbage and food sanitation ordinances at the request of the director of planning & inspections or his designee. B. Health Department Employees Employees of the health department, if designated by the city manager, are authorized to issue citations for any violations of State Statute or City Ordinance related to: -C-1L Public health; 2_ Garbage and sanitation; and (3) Food sanitation. C. Building Inspectors Inspectors working under the direct supervision of the director of planning and inspections, if designated bV the city manager, are authorized to issue citations for: Lla Violations of the City's sign ordinance; 121 Violations of the City's building code; 3_ Violations of the City's housing maintenance and occupation ordinance; Violations of the City's nuisance ordinance (such as storing or accumulation of garbage); (5)_ Violations of the City's zoning ordinance; and 161 Violations of the City's license ordinances (such as failure to obtain rental dwelling license, or failure to license amusement device, et cetera) at the request of the City's licensing authority. Brooklyn Center City Ordinance Page 3 Chapter 18 SECTION 2. 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, City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1987 -10 APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1987 -L) ------------------------------------------------------- WHEREAS, the City Engineer has reported to the City Council that it is necessary and in the best interests of the City of Brooklyn Center, Minnesota to ; and WHEREAS, the City Engineer has prepared specifications for the proposed work; and WHEREAS, the City Engineer has estimated the cost of said improvement to be $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following project is hereby established: 3. The specifications for Contract 1987 -L for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law, shall specify the work to be done, shall state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at City Hall by the City Clerk and the City Engineer. Subsequently, the bids shall be tabulated and will then be considered by the City Council at a meeting of the City Council. The advertisement shall state that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the total amount of such bid. 5. The accounting for Project No. 1987 -10 will be done in the 2611 Fund. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 EMERGENCY - POLICE FIRE C ENTER 911 July 17,1987 Dear Property Owner: As a follow up to the survey you completed recently, the attached report was prepared evaluating the need to replace sidewalk along Camden Avenue between 53rd and 55th Avenue. The report was given to City Council and they have set a Public Hearing for July 27, 1987 at 7:30 P.M. at City Hall. At that time, they will seek your additional input regarding the sidewalk replacement. We encourage your participation at the meeting. If you have any questions related to the project, contact Bo Spurrier at 561 -5440 prior to the meeting. i rely, H. R. Spurr e City Enginee ENCL: Report CC: File 1987 -10 1966111-AM[RICI QiT +. ML CITY 6301 SHINGLE CREEK PARKWAY OF 13 M BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561.5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: July 9, 1987 RE: Camden Avenue Sidewalk 53rd Avenue to 55th Avenue Improvement Project 1987 -10 The sidewalk on Camden Avenue North, between 53rd Avenue and 55th Avenue North is in very poor and dangerous condition. It must be removed or replaced. Sidewalks are a City transportation facility and their maintenance is a City service. As we do we do for other transportation facilities we look at the specific needs for the sidewalk in this area in order to determine what we should build. The original 1970 sidewalk plan linked activity centers such as commercial, institutional, and park areas with the City neighborhoods. That plan generally established sidewalk on both sides of arterial roadways and collectors in business districts. Generally, sidewalk was on one side in the residential districts. While we looked at alternatives to City sidewalk maintenance those alternatives were rejected because they created confusing jurisdictions. Our principal observations were that the City has the major maintenance responsibility and should make the final decisions regarding sidewalk location. The Camden Avenue sidewalk is in a residential area. The 1985 traffic counts were below an Average Daily Traffic (ADT) of 1,000 An ADT of less than 1,000 is below the ADT of most collector streets in Brooklyn Center. From a construction standpoint, sidewalk on one side of the street is less expensive. However, it is not half the cost because of the cost of removal and restoration. There is very little difference in the cost of replacing one side over the other. The only difference being the number of driveway aprons that must be replaced. — nwu�•,r�naan :•- � a� SIDEWALK REPLACEMENT EAST SIDE ----------------------------------------------------------------------- Item ----------------------------------- # Contract Item Unit Quantity Unit Price Amount - - -- ------------------ - - - - -- - - -- ---- - - - - -- ---- - - - - -- ----- - - - - -- 1 MOBILIZE /DEMOBILIZE LS 1 $1,000.00 $1,000.00 2 REMOVE CONC SIDEWALK SY 1734 4.50 7,803.00 3 SUBCUT & ROOT REMOVAL CY 1301 7.00 9,107.00 4 6" CONC SW W /CL5 AGG BASE SY 105 30.00 3,150.00 5 4" CONC SW W /CL5 AGG BASE SF 6501 2.00 13,002.00 6 SODDING W /4" TOPSOIL SY 2023 2.00 4,046.00 SUBTOTAL CONSTRUCTION $38,108.00 CONTINGENCY (10 %) 3,810.00 TOTAL CONSTRUCTION $41,918.00 TECHNICAL SERVICES (9%) 3,770.00 ADMINISTRATION (1%) 420.00 LEGAL (1%) - ---- 420_00 TOTAL $46,528.00 SIDEWALK REPLACEMENT WEST SIDE Item ----------------------------------- ## Contract Item Unit Quantity Unit Price Amount 1 MOBILIZE /DEMOBILIZE LS 1 $1,000.00 $1,000.00 2 REMOVE CONC SIDEWALK SY 1734 4.50 7,803.00 3 SUBCUT & ROOT REMOVAL CY 1301 7.00 9,107.00 4 6." CONC SW W /CL5 AGG BASE SY 126 30.00 3,780.00 5 4" CONC SW W /CL5 AGG BASE SF 6501 2.00 13,002.00 6 SODDING W /4" TOPSOIL SY 2023 2.00 4,046.00 SUBTOTAL CONSTRUCTION $38,738:00 CONTINGENCY (10 %) 3,870.00 TOTAL CONSTRUCTION $42,608.00 TECHNICAL SERVICES (9%) 3,830.00 ADMINISTRATION (1%) 430.00 LEGAL (1 %) 430.00 TOTAL $47,298.00 - - , - - - - ------ - ------ _ L - -- �414 -� I i„ , � i � i � i � � � i , ;` �1 1 ,..� ,, � • \ 1 v Ft lla r f l � I I I � I •` I I I , CAMDEN AVENUE & VICINITY 0 400 800 ll �f E H 7 'S iltl ;: o c= A P Y E� 3 UL 7 �MAP SHEET 1 OF 2 -- - - -� -------- - - - - -- - -- 55T H AVE. N. ----------------------- 4s 5448 \ SIDEWALK SURVEY i - -- G - - - \ LEGEND Qa9 BOTH SIDES !I ONE SIDE !i —t «' OTHER SIDE , �. �► SAME SIDE' C - - - -I i ------ - - - - -' ,` i - - - -54 ------- - - - - -- BLANK NO RESPONSE 5325 Q L I w Q - - -- + ,z 5350 �21 --- ---- ----- - - - - -- tt 17 s30,9 E -- -- -i -- r -- -�- --J ' 1 1 k 71J, 708 70 --- - - - - -- 1 53RD AVE. CAMDEN AVENUE IL 1 � SIDEWALK SURVEY RESULTS 0 200 400 � • 35R0IXL�?" ' PREr +QED S�' ULT 1MAP � � 1 S! 2OF2 11,6 Member introduced the following resolution and moved its adoption: RESOLUTION NO. 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 (MARANATHA HOUSING PROJECT) WHEREAS, (a) Minnesota Statutes, Chapter 462C (the "Act ") confers upon cities, or housing and redevelopment authorities or port authorities authorized by ordinance to exercise on behalf of a city the powers conferred by the Act, the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multifamily housing developments within the boundaries of the city; (b) The City of Brooklyn Center, Minnesota (the "City ") adopted its Minnesota Statutes, Chapter 462C Housing Plan (the "Housing Plan ") on or about September 20, 1982, after holding a public hearing thereon, all in accordance with the requirements of the Act; and such Housing Plan was amended by the City on or about November 22, 1982; (c) The Housing Plan provides a general description of programs to be implemented.to meet the housing needs identified in the Housing Plan, including financing programs to provide affordable RESOLUTION NO. housing to elderly persons and persons of low and moderate income; (d) The City has received from Maranatha Ministeries Foundation, Inc., a Minnesota nonprofit corporation (the "Developer "), a proposal that the City undertake a program to finance a multifamily housing development (the "Project ") hereinafter described, through the issuance of revenue bonds or obligations (the "Bonds ") pursuant to the Act; (e) The City desires to: facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development of housing facilities designed for occupancy by persons of low or moderate income; encourage the development of housing facilities designed for occupancy primarily by elderly persons; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives. (f) The Developer is currently engaged in owning and operating a nursing home facility (the Maranatha Baptist Nursing Home) located in the City. The Project to be financed by the Bonds consists of the construction and equipping of a multifamily rental housing development of approximately 64 rental units on land adjoining the existing Maranatha Baptist Nursing Home located at approximately 5401 69th Avenue North in the City, and consequently consists of the construction of buildings which will result in the provision of additional rental housing opportunities to persons within the community; (g) The City has been advised by representatives of the Developer that con- ventional, commercial financing to pay the capital costs of the Project is available 2 RESOLUTION NO. only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but the Developer has also advised the City that with the aid of municipal financing, and resulting low borrowing costs, the Project is economically more feasible; (h) A public hearing on the Project and the financing program therefor was held on July 13, 1987, after notice was published, all as required by Minnesota Statutes, Section 462C.05, subd. 5, at which public hearing all those appearing at said hearing who desired to speak were heard and written comments, if any, were considered; (i) The City submitted the financing program for the Project to the metropolitan council or the regional development commission for the area in which the city is located, and such reviewing agency was given the opportunity to comment thereon all as required by Minnesota Statutes, Section 462C.04, subd. 2; _ (j) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of the financing of a multifamily rental housing development within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer (or a separate, wholly -owned nonprofit subsidiary of the Developer) on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds in a total principal 3 RESOLUTION NO. amount not to exceed $4,500,000 to be issued pursuant to the Act to finance the Project; and said agreement or agreements may also provide for the entire interest of the Developer (or separate, wholly -owned nonprofit subsidiary of the Developer) therein to be mortgaged to the purchasers of the Bonds, or a trustee for the holder(s) of the Bonds, and other security instruments to the purchasers of the Bonds or to the trustee for the holder(s) of the Bonds; and the City hereby undertakes preliminarily to issue its revenue bonds in accordance with such terms and conditions; 2. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Developer. 3. On the basis of information available to the City, it appears, and the City hereby finds, that the Project constitutes a multifamily housing development within the meaning of Section 462C.05 of the Act; that the Project will be designed for rental primarily to the elderly; the availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Developer (or separate, wholly - owned nonprofit subsidiary of the Developer) to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multifamily rental housing opportunities to residents of the City, to assist in the redevelopment of blighted and marginal land and to promote more intensive development and use of land within the City; 4. The Project, and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to the approval of the financing program by the Minnesota Housing Finance Agency ( "MHFA ") and subject to final approval by the City, the Developer and the purchasers of the Bonds as to the ultimate details of the financing of the project; 5. In accordance with subdivision 5 of Section 462C.05, Minnesota Statutes, the Clerk is hereby authorized and directed to submit the program for financing the Project to MHFA, requesting its approval, and other officers, and employees and agents of the City and the Housing and Redevelopment Authority of the City are hereby authorized to provide MHFA with preliminary information as it may require; 4 RESOLUTION NO. 6. The Developer has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the project is carried to completion and whether or not approved by MHFA will be paid by the Developer (or separate, wholly -owned nonprofit subsidiary of the Developer); 7. Briggs and Morgan, Professional Association, acting as bond counsel, and such investment bankers as may be selected by the City with the consent of the Developer, are authorized to assist in the preparation and review of necessary documents relating to the Project and the financing program therefor, to consult with the City Attorney, Developer and purchasers of the Bonds (or trustee for the purchasers of the Bonds) as to the series, maturities, interest rates, security and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval; 8. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder(s) of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City. The Bonds shall recite in substance that the Bonds, including the interest thereon, are payable solely from the revenues and ro p ceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 9. In anticipation of the approval by MHFA and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the project will not be unduly delayed when approved, the Developer (or separate, wholly -owned nonprofit subsidiary of the Developer) is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Developer (or separate wholly-owned y non rofit subsidiary P idiary of the 5 RESOLUTION NO. Developer) considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part 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. 6 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 16, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Yalecki, Mike Nelson, Lowell Ainas and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman Lucht noted that Commissioners Wallace Bernards and Carl Sandstrom were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - June 11, 1987 otl�ion by Commissioner Nelson'seconded by Commissioner Ainas to approve the minutes of the June 11, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Nelson, Ainas and Wallerstedt. Not voting: Commissioner Malecki. Voting against: none. The motion passed. APPLICATION NOS. 87008, 87010 AND 87011 ( Maranatha Conservative Baptist Home) Following the Chairman's explanation, the Secretary introduced the first items of business, a request for rezoning from R1 (One- Family Residence) to R6 (Multiple- Family Residence) of approximately the westerly 3.2 acres of the approximate 7 acre Maranatha Nursing Home site located at 5401 69th Avenue North, site and building plan, and preliminary plat approval to allow construction of a four storey, 65 unit apartment complex for the elderly. The Secretary reviewed the staff reports (see Planning Commission Information Sheets for Application Nos. 87008, 87010 and 87011 attached). The Secretary stated the rezoning application was tabled at the May 21, 1987 Planning Commission meeting and referred to the Northwest Neighborhood Advisory Group for review and comment. The Neighborhood meeting was held on June 2 at Willow Lane School and was poorly attended due to late delivery of the notices by the Post Office. He added that the Neighborhood Advisory Group supports the rezoning and have submitted the minutes from that meeting. Chairman Lucht stated that the required notices have been sent and the public hearing is continued to this evening's meeting. The applicant's representative is Present to answer any questions. Commissioner Wallerstedt inquired about density requirements for the two properties. The Secretary responded that following the division of land proposed under Application No. 87011, the parcels would be in compliance with the R6 density of 2,200 sq. ft. per dwelling unit and the nursing home density limitation of 50 beds Per acre. He added that these density limits could also be met even if the applicant were not dividing the land. Chairman Lucht asked what the appropriate screening would be for the residential Property abutting the nursing home. The Secretary stated there is no fence along 7 -16 -87 -1- the existing nursing home. He noted that the ordinance requires a minimum of 4' opaque fencing or an acceptable landscape screening between the property proposed for the elderly multiple residential and the R1 property. He urged the Commission to make a specific recommendation if they believed landscaping to be an acceptable substitute for the fence. Chairman Lucht then called on the applicant to speak. Mr. David Viland briefly summarized the project. He stated that the project is unique, noting that older seniors have different needs now, and that the apartments are to be attached to the existing nursing home. Mr. Viland explained that there had been a market analysis done and postcard surveys sent to seniors asking for information on number, income, needs, and age group. A study comparing rent fees of Maranatha's competitors in the northern suburbs had also been done. Rent charged for the Maranatha apartments range from $535 to $830 per month. Commissioner Wallerstedt inquired about handicapped apartments. Mr. Viland stated that all of the apartments are equipped with handicapped features such as extra wide doors, grab bars and lower cupboards. He added that 5% of the units would be fully handicap accessible. Dave Wolterstorff, representing the architectural firm, reviewed new drawings for the project. He stated the building would be of brick and stucco with a gabled roof to make it look more residential. Almost all units have a solarium, dropped ceilings, and generous storage areas. Commissioner Wallerstedt asked the architect if they had built many apartments for the elderly. Mr. Wolterstorff stated they have built about a dozen. Chairman Lucht stated that one concern is screening and asked Mr. Wolterstorff why they had indicated certain shrubs with a lower height on the landscape plan. Mr. Wolterstorff stated he didn't know why, but that his firm would have no problem with changing shrubs to provide higher screening if this is a requirement. PUBLIC HEARING (Application No. 87008) Chairman Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Larry Snaza, of 5406 68th Avenue North, stated he had moved into the area in March and was enjoying the wildlife and view, but was concerned if this would all be taken away with construction of the apartment complex. Mr. Wolterstorff stated that some of the landscaping will be preserved, the creek area will be improved and a ponding area created. Arvid Sorenson, of 6901 Toledo Avenue North, lives across the street from the nursing home and explained that Maranatha has been a good neighbor, but he is still concerned with the R6 zoning if Maranatha is no longer there. Chairman Lucht explained R1 zoning will not allow a 4 storey apartment complex. The Secretary stated that the property has to be rezoned to R6 to allow the plan submitted and there is no guarantee that in 10 years it will always be used for elderly housing. Mr. Viland stated bond issue restricts use to elderly housing and that the bonds expire in 25 -30 years. Mr. Sorenson asked if anyone can buy out this bond. Mr. Wolterstorff stated he would have to contact the underwriter. 7 -16 -87 -2- CLOSE PUBLIC HEARING F0 byy Z3mmis o er Ainas seconded by Commissioner Nelson to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Yalecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. Commissioner Nelson asked if shrubbery is acceptable as screening rather than a fence. Chairman Lucht stated Euonymus or Cranberry shrubs would be better as they would grow to a height of 10 to 12 feet. The Secretary suggested altering the conditions regarding screening. City Engineer Bo Spurrier pointed out that a condition should be added to provide for execution of a utility maintenance agreement. APPROVAL OF APPLICATION NO. 87008 (Maranatha Conservative Baptist Home) Motion by Commissioner Nelson seconded by Commissioner Malecki to approve Application No. 87008. Voting in favor: Chairman Lucht, Commissioners Yalecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. RESOLUTION NO. 87-1 Member Mike Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED 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 Molly Malecki and the motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87010 Maranatha Conservative Baptist Home Motion by Commissioner Nelson seconded by Commissioner Ainas to approve Application. No. 870IG subject to 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 sub mitted rior to the issuance f permits. p o p 5. 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 to 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 -16 -87 _3_ 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 watermain 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 (non -dwarf 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. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87011 (Maranatha Conservative a- ptist Home) Motion by Commissioner Nelson seconded by Commissioner Malecki to approve Application No. 87011 subject to the following conditions: 7 -16 -87 -4- 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. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. The Secretary stated the three applications would be referred to the City Council agenda for July 27, 1987• APPLICATION NO. 87012 (Bill Kelly House) The Secretary introduced the next item of business, a request for special use permit approval to operate a group care home for 23 mentally ill and chemically dependent adults at 5240 Drew Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87012 attached). The Secretary explained that there were two letters from residents in the agenda packet and he had received another letter after the agenda had been typed from Nancy Behling Dillon, a pyschiatric specialist nurse, who has worked with this type of program. The Secretary stated that information entitled "DO YOU WANT MENTALLY ILL DRUG ADDICTS TO RESIDE IN LARGE NUMBERS IN YOUR NEIGHBORHOOD ? ? ?" had been copied by an anonymous person and placed on the back of the original notice sent by the City to neighboring property owners and had been distributed in the neighborhood. He wanted to clarify for the record that this item had not been sent by the City nor should any of the material contained under that title be assumed to represent the opinion or attitude of the City with respect to this application. Chairman Lucht called on the applicant to speak. Mr. Felix Phillips, an attorney representing the applicant, addressed the Commission and noted that Richard Ellis and Henry Norton, the applicants, are also present. Mr. Phillips stated there are two situations to be considered in the proposal; legal and equitable. Regarding the legal situation Mr. Phillips stated he hoped to receive fair treatment and that the special use permit would be granted in accordance with State of Minnesota requirements. He referred to the Northwest Residence case stating group homes are allowed in residential areas by law. Based on state policy and law, as well as the legal precedent, his client has the right to use the property in the manner proposed. Mr. Phillips stated that the equitable argument is that property values are not affected by group homes. He claimed that this has not been the case where other group facilities have located in residential areas. Commissioner Wallerstedt inquired if the group home could be denied based on the type of treatment offered. She stated that fear of chemical dependency has been 7 -16 -87 -5- expressed by neighboring residents. Mr. Phillips pointed out 0 incidents of complaints against group homes. He also stated one out of ten Americans experience depression and the mentally ill are victims of depression. He explained that people have a right to be fearful and the right to get information about the facility. He noted that the people served in the facility suffer from mental illness and are not criminals. He said there is a difference between mental illness and criminal behavior and added that there are no sex molestors or child abusers in the program. Mr. Richard Ellis stated applicants are screened and patients with certain types of problems are not accepted. He explained that their program is not designed to treat sex offender and /or criminal behavior. Commissioner Malecki referred to Northwest Residence case where that applicant was required to upgrade the parking and asked Mr. Phillips if he disagrees with the staff recommendation to alter the parking. Mr. Phillips stated they will be glad to do what is required. Commissioner Wallerstedt asked for information and studies on negative and positive effects on the neighborhood. Mr. Phillips referred to other cases that indicated group homes do not cause trouble in neighborhoods and that property values do not go down. Commissioner Wallerstedt asked if there are dangerous people there. Mr. Phillips answered there are not. Commissioner Wallerstedt asked Mr. Ellis to describe a typical day for a resident in a group home. Mr. Ellis stated the day starts at about 8:00 a.m. and ends at 7:30 p.m. with recreational activity in the evening. He added that the typical day involves participation in treatment and recreation. Commissioner Wallerstedt inquired if activities are all in- house. Mr. Ellis stated that there is 100% participation and as a resident improves, they spend less time in- house. In response to Commissioner Wallerstedt, Mr. Ellis discussed the staffing of the facility. Chairman Lucht asked at what stage are the chemically dependent sent to the group home. Mr. Ellis answered that the residents have gone through treatment for chemical dependency before coming to the facility and that their primary problem is their mental illness. Commissioner Nelson asked if a resident is discharged if they have a drink or other misbehavior occurs. Mr. Ellis responded that one incidence of misuse of alcohol or chemicals may not necessarily cause immediate dismissal of a resident. He noted they try to counsel and work with the problem before a person is removed from the program. However, continuous use or abuse of alcohol and drugs is grounds to remove that person from the facility. Chairman Lucht asked what determines a normal discharge. Mr. Ellis stated residents must learn coping strategies and techniques as well as structuring their lives and also need to find alternative housing and employment. He added that as improvement progresses in these areas a resident would leave the program. Chairman Lucht asked if employment and housing are found for discharged residents. Mr. Ellis responded that they do try to find employment and housing for residents. Commissioner Wallerstedt asked what kind of employment is found. Mr. Ellis stated residents do volunteer work and obtain other employment such as McDonalds. 7 -16 -87 -6- Commissioner Malecki inquired if the group home receives referrals from psychiatric lk hospitals. Mr. Ellis stated that they do. Commissioner Malecki asked what the requirements are for therapists. Mir. Ellis stated they have to be licensed mental health workers with a masters degree in some kind of human services like a psychologist. Commissioner Yalecki 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 Malecki 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- 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 resent in the Brooklyn Center area proving unsafe for clients; and the Y P group home may present a risk to the health, safety and welare of neighboring property owners. Finally, 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 pp re g in the application. ation. She stated incidents that have happened in Fridley because of a group home locating in her area. She stated property va lues 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 1 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- i Northwest Residence case in that the present case involves a facility for the mentally ill and chemically dependent while Northwest Residence is for the mentally ill only and a larger facility as well. He stated the Kelly House is more of an institutional facility rather than a residential facility. He urged the Commission to carefully review all the issues and continue the matter. Chairman Lucht asked Nor. Carruthers how the facts can be sorted out. Mr. Carruthers suggested listening to testimony and making decisions. Commissioner Ainas stated he lives near the Northwest Residence group home and there are facts already shown in our community that there have been no significant problems. Police calls have been for medical emergencies or other incidents within the facility. He has also checked with merchants in the surrounding area and they have had no problems with the residents of the group home. He pointed out there is no guarantee of behavior of any persons whether they are residents of a group home or not. He explained that Willow Lane School and Park are as close to Northwest Residence as the proposed Kelly House is to Northport School and Park and there have been no incidents related to the facility. Chairman Lucht stated more information was needed on property values affected because there are a number of factors and variables that will affect property values. The Secretary pointed out that in the Northwest Residence case many hours were spent in trying to establish a factual basis for the City's position and that in his opinion the matter was well presented as evidenced by the District Court finding. He stated he resented the implication by Nor. Carruthers that the City did not put together a good case. The Secretary further stated that it was his opinion that the Appeals Court only looked at the fact that the State has preempted local control and regulation of residential treatment facilities; Billy Kelly House is a residential treatment facility and will in all likelihood be viewed the same as Northwest Residence in terms of the State Mandate. Commissioner Wallerstedt asked what purpose a delay would serve. Mr. Carruthers stated the system would be served if neighbors had more time. Chairman Lucht next recognized Bruce Nelson, 5250 Ewing Avenue North, who requested that common sense be used in a determination and asked if anyone present would want to buy a home near this group home. He feels it is a money making facility, chemical dependency is being white - washed, treatment has not improved behavior and parking will be a problem. Curtis Wuollet, 5233 Drew Avenue North, stated the neighbors deserve reasonable consideration. He has fears for his children and stated there is not a neighborhood in Brooklyn Center that wouldn't feel the same way. He stated he feels the home will be approved and there probably is nothing the neighbors can do about it. Leslie Rogge, 5445 E. Twin Lake Blvd., stated no one wants it so why not junk the request. Judy Niewind, 3507 53rd Place, stated she has participated in Alanon and people with chemical dependency "fall off the wagon." She asked how many of these residents are repeaters and does it work to have men and women residents in the program together. She feels these programs are supported with taxpayer money and they don't work well and she is tired of footing the bill. Chairman Lucht asked if anyone else wished to be heard. No one spoke. 7 -16 -87 -9- ACTION RECOMMENDING TABLING APPLICATION NO. 87012 (Bill Kelly House) Following further discussion, there was a motion by Commissioner Nelson seconded by Commissioner M.alecki to table Application No. 87012 for 30 days and to continue the public hearing to that time to give the neighborhood additional time and to further review the issues raised. Voting in favor. Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 10:50 p.m. and resumed at 11:10 p.m. APPLICATION NO. 87013 (David Brandvold) The Secretary introduced the next item of business, a request for preliminary plat approval to subidivide into two lots the parcel of land at 5819 Bryant Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87013 attached). Chairman Lucht noted that a public hearing is required and notices have been sent. PUBLIC HEARING Chairman Lucht then 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. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Ainas to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87013 (David Brandvold) Motion by Commissioner Nelson seconded by Commissioner Ainas to approve Application No. 87013 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. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 87014 (David Brandvold) The Secretary introduced the next item of business, a request for variance approval to subdivide the lot at 5819 Bryant Avenue North into two lots including a lot with a width of only 72.72' rather than the 75' required by ordinance. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87014 attached). PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone 7 -16 -87 -10- present wished to speak regarding the application. Hearing no one he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Wallerstedt to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87014 (David Brandvold) Motion by Commissioner Ainas seconded by Commissioner Nelson to recommend approval of Application No. 87014, subject to the following conditions: I. The proposed lot has extra depth which produces ample lot area. 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'. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Ainas and Wallerstedt. Voting against: none. The motion passed. DISCUSSION ITEMS A discussion ensued regarding upcoming business items for the July 30, 1987 meeting. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Wallerstedt to adjourn the Planning Commission meeting. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Nelson and Wallerstedt. The motion passed. The Planning Commission adjourned at 11:25 p.m. Chairman 7 -16 -87 -11- Member Mike Nelson introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 87 -1 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 87008 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME WHEREAS, Application No. 87008 submitted by Maranatha Conservative Baptist Home proposes rezoning from R1 (One Family Residence District) to R6 (Multiple Family Residence District) of 3.3 acres of land west of the nursing home at 5401 69th Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on May 21, 1987 when testimony regarding the request was taken; and WHEREAS, the request was tabled and referred to the Northwest Neighborhood Advisory Group for review and comment, which met on June 2, 1987; and WHEREAS, the Commission on July 16, 1987 again held a duly called public hearing regarding the matter; and WHEREAS , appropriate an a pro riate development plan has been submitted to the Planning Commission; and WHEREAS, the plans and the proposed rezoning have been reviewed by the Planning Commission in light of the goals and objectives of the Comprehensive Plan and surrounding adjacent land uses. NOW, THEREFORE, BE IT RESOLVED, by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 87008 submitted by Maranatha Conservative Baptist Home be approved in consideration of the following: I. The rezoning request is consistent and compatible with existing adjacent land uses. 2. The rezoning will allow for construction of housing designed specifically for the elderly which meets a community need. 3• The development plans for the land appropriately placed the building at the north end of the site, thus allowing for the largest separation from the single - family homes to the south. 4. The R6 zoning district is the lowest density zoning district to allow for the on -site services proposed for the elderly residents. 5. The location, configuration and topography of the land in question is unsuited to single - family development. 6. The subject property can support the development within the requirements of the R6 zoning classification as witnessed by the proposed site and building plans submitted under Application No. 87010. PLANNING COMMISSION RESOLUTION NO. 87 -1 7. In light of the above, it is believed that the proposed rezoning meets the guidelines for evaluating rezonings set forth in Section 35 -208 of the Brook;yn Center Zonin Ordinance. July 16, 1987 Date Chairman Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Mol 1 Maleckiand upon vote being taken thereon, the following voted in favor thereof; Chairman George Lucht, Comnissioners Molly Malecki, Mike Nelson, Lowell Ainas and Ann Wallerstedt. and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. 0 Planning Commission Information Sheet Application No. 87008 Applicant: Maranatha Nursing Home Location: 5401 69th Avenue North Request: Rezoning This application was reviewed by the Planning Commission at its Yay 21, 1987 meeting. The applicant seeks rezoning from RI to R6 of the westerly 3.3 acres of the Maranatha Nursing Home site at 5401 69th Avenue North. The land in question is presently zoned RI and is bounded by 69th Avenue North on the north, by the nursing home on the east, by single- family homes on the south, and by a three -story apartment complex in Brooklyn Park on the west. The application was tabled at the May 21, 1987 Planning Commission meeting and referred to the Northwest Neighborhood Advisory Group for review and comment. The advisory group meeting was poorly attended on June 2, 1987 and minutes of the meeting are attached. Only two advisory group members attended. Delivery of notices to neighbors by the Post Office was late and so neighbors did not attend. The advisory group present voted in favor of the requested rezoning. Notices have again been sent for this meeting. The public hearing for the rezoning application has been continued to this meeting. Regarding the Guidelines for Evaluating Rezonings (Section 35 -208, attached) , staff believe the guidelines are met in this case. The proposal will provide additional housing for the elderly in the community, especially those in need of some special health care services. The R6 zoning is fairly compatible with surrounding land uses: the apartments to the west, the nursing home to the east and south, and the townhouses to the north. Although more intense than any of these land uses, the proposed use is not incompatible with any existing adjacent land use. Building the complex at the north end of the site provides the greatest buffer to the single - family residences to the south. The location, configuration and topography of the subject property is certainly not suited to single - family residential development under the current RI zoning. The only other rational use of, the property would be an expansion of the nursing home itself. The proposed housing development would be closely associated with the nursing home. There is no other vacant R6 zoned land in the community. The rezoning will meet a unique need within the community for housing with care services to the elderly. In general, therefore, staff recommend approval of the rezoning. Adoption of the attached resolution would be in order if the Planning Commission concurs. 7 -16 -87 Planning Commission Information Sheet . Application No. 87010 Applicant: Maranatha Conservative Baptist Home Location: 5401 69th Avenue North Request: Site and Building Plan Location /Use The applicant requests site and building plan approval to construct a four storey, 65 unit elderly housing apartment building on a 143,782 sq. ft. parcel of land immediately west of the nursing home at 5401 69th Avenue North. The land in question is proposed to be rezoned, to R6 and is bounded by 69th Avenue North on the north (with the Ponds townhouse development on the side opposite), by the Maranatha nursing home on the east, by single- family homes on the south, and by a three - storey apartment complex in Brooklyn Park on the west. Four storey apartment buildings with ancillary services contained within are permitted uses in the R6 zoning district. The proposed apartment building will be attached to the existing nursing home at the property line. Access /Parking Access to the site is to be gained via a new driveway opposite Unity Avenue North off 69th Avenue North. That driveway divides into a driveway that goes to the main parking lot south of the building and another that runs past the main entrance of the building to the nursing home parking lot to the east. An existing access to the nursing home will be closed and relocated eastward. The site plan provides for 95 parking spaces to be installed at present (9 of which will be covered parking stalls) and 35 future spaces (7 of which will be covered) . A 25' buffer will remain after construction of the future stalls. The total of 130 potential parking spaces equals the ordinance requirement of two per unit. Staff see no problem ;with a deferral of 35 spaces inasmuchas the project is geared toward elderly residents. A proof -of- parking covenant, however, will need to be filed with the plat at the County. Landscaping The landscape plan calls for numerous plantings totalling 512.5 points under the landscape point system. The points for shrubs exceed the maximum that can be credited. The total of points credited is 460.3 points. (Total points required is 277.5)• Of these, 230 are for shade trees, including 16 Red Maple, 3 Marshall's Seedless Ash, and 4 Littleleaf Lindens. Fifteen (15) coniferous trees are proposed, including 14 Black Hills Spruce. Nine ornamental trees are proposed, all Cockspur Hawthorn. The plan also calls for 348 shrubs, including 35 Redosier Dogwood, 38 Isanti Dogwood, 89 Dwarf Winged Enonymous, 32 Pfitzer Juniper, 37 Dwarf Korean Lilac, 44 Techney Arborvitae, and 31 Arrowood Vibernum. The plan also calls for saving a number of existing trees, including 11 that are 6 diameter or greater. This meets the ordinance requirement for 6 diameter trees. The plan calls for a 25' buffer strip adjacent to the single family residences to the south, even when future parking stalls are taken into account. A shrub row of 65 Dwarf Winged Euonymous is proposed south of the proof -of- parking area as a screening device as required by Section 35 -410. Grading /Drainage /Utilities The front north of the site is proposed to drain to a drainage channel running along the south right -of -way line of 69th Avenue North at this location. The southerly portion of the site is to drain to a holding pond south and west of the 7 -16 -87 -1- Application No. 87010 continued building in the main green area on the site. These drainage areas will drain into a ditch running along the west edge of the site. That ditch flows under 69th into the watercourse that flows through the Island Ponds townhouses development and ultimately drains into Shingle Creek. The westerly portion of the site is designated as being within the 100 year flood plain. The 100 year flood elevation for this area was estimated by the Federal Emergency Management Agency at 863.5'. However, the City Engineer estimates that the 100 year flood elevation is actually 859.2' because the drainage in this area is back water to Shingle Creek which has a 100 year flood elevation at this stage of 859.0' . Drainage is to flow overland and through curb drops to the water retention areas rather than through storm sewer pipes. Storm sewer is proposed to carry water from the holding pond south of the building to the drainage ditch along the west side of the site. An easment for the ponding area south of the building is proposed on the preliminary plat (see Application No. 87011). The drainage plan ;will be subject to review and approval by the Shingle Creek Watershed Management Commission. As far as site utilities are concerned, the plans submitted are incomplete. The plan calls for relocating an existing hydrant north of the nursing home which will serve the east side of the building off a 6 water line. Two additional hydrants are proposed northwest and south of the building off an 8 line that circles the building. Location of - fire hydrants should be subject to approval of the Fire Chief. Staff recommend looping the water lines on the site which will require putting the 8 line through and under the building to link up with the existing 6 line. Sanitary sewer will connect to the City main in 69th Avenue North. Building The proposed building is to be located partially in an area presently designated as flood fringe by the Federal Emergency Management Agency (FEMA) . As such, the lower storage area must be completely flood - proofed or the official map must be amended to relocate the flood fringe boundary. FEMA's preliminary floodway map showed a flood protection, elevation of 864.5' (one foot above the estimated 100 year flood elevation) . This would exceed the proposed first floor elevation of the building which is proposed at 864-43' the same as type existing lower 3 ( Yp n nursing home). A to g g storage level is proposed at 856.43' which will be below the City Engineer's ineer's estimated 100 year flood elevation. If the flood plain map is amended, however, the building would be entirely outside the flood plain and would not have to be flood - proofed. The elevations of the building are proposed to be a combination of face brick and stucco with a slanting roof. The floor plan of the building shows nine "assisted living" or efficiency type units. Section 35 -400 subsection la of the Zoning Ordinance allows for a density credit of 250 sq. ft. per efficiency unit, but also limits their number to 10% of the units in a given complex. In this case, only seven such units can be allowed. Finally, the building must be fire sprinklered and equipped with fire separation walls in order for the wood frame construction to be extended to four stories. Ancillary services will be available on the first floor such as a barber shop, craft room, and congregate dining. Lighting /Trash The applicant proposes two high pressure sodium (amber) parking lot lighting fixtures on 25' high poles on the south parking lot. In addition, 7 globe light fixtures are proposed around the building and adjacent to the proposed pond. Additional globe lights are proposed at building entrances and over the 9 garage stalls. Trash container storage is to be inside the building. 7 -16 -87 _2_ Application No. 87010 continued Recommendation Action on this application is dependent on the action taken on rezoning Application No. 87008. If the action on the rezoning is favorable, this application should only be approved 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. 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. 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. 7 -16 -87 -3- Application No. 87010 continued 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) Only 7 efficiency units rather than g is indicated on the plan submitted. b) Looping of the 8 watermain on the site with the existing 6 line. c) Screening provisions in the southerly buffer strip shall be clearly indicated. 7 -16 -87 -4- Planning Commission Information Sheet Application No. 87011 Applicant: Maranatha Conservative Baptist Home Location: 5401 69th Avenue Nortt Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the land which presently is occupied by the Yaranatha Nursing Home at 5401 69th Avenue North. The land in question is presently zoned RI and is bounded by 69th Avenue North on the north, by single - family homes on the east and south, and by a three - storey apartment complex in Brookyn Park on the west. The westerly parcel of the subidivsion is proposed for rezoning to R6 for the construction of a four - storey, 65 unit apartment complex to be linked physically and operationally with the existing nursing home. Lot 1 of the proposed plat (Maranatha Addi tion) is to be 164,176 sq. ft. (3.77 acres) in area. It is the easterly lot of the subdivision containing the nursing home. At 50 beds per acre, which is the density limitation for nursing homes, this parcel could support 188 beds. The existing nursing home has just over 100 beds. Density is, therefore, not a problem with Lot 1. Lot 2 of the proposed subdivision is 143,682 sq. ft. (3.3 acres) in area. At 2200 sq. ft. per unit, which is the R6 density, 65 units may be built on Lot 2. If a density credit of 250 sq. ft. per efficiency unit is calculated for seven units, an additional unit could be constructed. The proposed plat dedicates 40 feet of right -of -way from the center line of 69th Avenue North (Hennepin County State Aid Highway No. 130). There is presently 3.3' of right -of -way dedicated over the easterly 105.9' of the north side lot line. In this area, the additional dedication is 7 A 15 wide drainage g and utility easement is proposed along the west property line and the westerly 393.9 ' of the south ro`ert line. The plat also proposes a pondin easement approximately 55' P P Y P P g x 1 i the west central area of Lot 2 to protect the and in 00 n e es c P g area for the apartment development. The common ro ert Y line dividin g Lots 1 and 2 touches the northwest corner of the P P existing nursing home. Since the buildings will be attached at this point, this does not present a problem. There will have to be a fire separation constructed with one -hour fire wall and door at the connection point because of the presence of the property line. Altogether, the proposed plat appears to be in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the 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. 7 -16 -87 Planning Commission Information Sheet Application No. 87012 Applicant: Bill Kelly House Location: 5240 Drew Avenue North Request: Special Use Permit The applicant requests special use permit approval to operate a group care home for 23 mentally ill and chemically dependent adults at 5240 Drew Avenue North. The property presently has a 10 unit apartment on it which is to be converted to the group home use. It is zoned R5 and is bounded on the north by 53rd Avenue North, on the east by the Brookdale Ten apartment complex, on the south by a single - family residence, and on the west by Drew Avenue North. There are three duplexes on the opposite side of Drew Avenue North and single - family residences along the north side of 53rd Avenue North. Group care homes are allowed by special use permit in the R5 zoning district. Program The applicant has submitted a lengthy written explanation of the program (attached) to be operated at 5240 Drew Avenue North. The letter explains that the Bill Kelly House has been located in south Minneapolis at 2544 Pillsbury Avenue South for the past five years and has gained a favorable reputation as a provider of services to mentally ill adults who also have chemical abuse and dependency problems. The majority of clients are aged 20 -50, unemployed, and varying in their level of functioning. The program design allows individualized objectives and expectations in order to accommodate a broad range of clients. In general, residents have established extensive psychiatric histories with multiple hospitalizations, chemical dependency treatments, and failures in numerous residential placements, but whose problem behaviors are not currently serious enough to require hospitalization. The overall goal of the program is to assist individuals to develop coping strategies that will maximize their independent functioning in the community and to reduce or eliminate behavior problems including chemical abuse. A number of services are provided to the residents to deal with the complexity of problems. The program provides 24 -hour staff supervision of the facility and its residents. During the course of a week, a total of 15 staff persons will be employed at the site. In addition, a licensed consulting psychologist will provide weekly clinical supervision and case consultation while a psychiatrist serves as medical director, providing medical and psychiatric consultation. The facility also will contract with Hennepin County Medical Center for emergency care and crisis intervention services. Program costs are paid for by Hennepin County in cooperation with funding from the State of Minnesota. Room and board costs are provided through public assistance benefits and, in some cases, through private payments. The program is licensed through the Department of Human Services as a Rule 36 (mental health treatment) and Rule 35 facility (residential chemical dependency treatment) . It is also licensed by the Department of Health as a Supervised Living Facility. The facility is inspected annually to ensure compliance with codes, regulations and ethics. Building Modification The applicant proposes remodeling of the existing 10 unit apartment building. The basement would be converted to a kitchen, dining room, food storage and three staff offices. Laundry and storage space would also be located in the basement as well as a recreation room. On the first floor two apartments would be converted for office 7 -16 -87 -1- use and one apartment utilized as an apartment training space. There would also be a public reception area and a resident smoking lounge. On the second floor, all four apartments would be converted for resident bedroom use. For the entire facility, there would be 6 one person bedrooms and 9 double rooms. The maximum capacity would remain at 23 which provides for flexibility in assigning residents to rooms. Site Improvements The applicant proposes no change to the site. Currently parking lot provides space for 14 automobiles. On average, only 7 staff members would be utilizing the lot except during weekly staff meetings which require attendance of all staff of the facility. The applicant notes that only 11 of the staff presently use cars. We would point out that the parking plan for the site is irrational in that it shows 14 one -vay angle parking spaces deadending at the southeast portion of the property. The present lot is not wide enough- ( east to west) for 90 degree parking stalls and is not bound =by curb and gutter. Staff recommend that the lot be widened from 39' 3 11 to 42' and that curb and gutter be provided around it. Also, the required 15' greenstrip must be provided as measured from the property line. The result of widening the parking lot, providing curb and gutter, and having 90 degree parking stalls would allow for 17 parking spaces to be provided in the same area of the parking lot. It should be noted that there is space available on the site to expand the parking lot to the south and also along the south side of the building in order to provide more than the 20 spaces required for a multi- family dwelling of 10 units. However, we do not believe that it is necessary at this time to expand the parking lot beyond 17 given the number of staff and the fact that we have been assured that residents will not have their own cars. A house van is provided to meet some of the clients transportation needs. A "proof -of- parking agreement" between the applicant and the City to provide additional on -site parking if the need is determined by the City should be a condition of approval. There is also a requirement for a minimum 4' high screening device adjacent to the single - family residences to the south. These improvements are consistent with what has been required of the Northwest Residence facility at 4408 69th Avenue North. Other Concerns The applicant states in his written submittal that the facility is committed to being a good neighbor, to establishing and maintaining open and responsive communications with neighbors,. To this end, the facility will be inviting neighborhood participation on the Advisory Committee of the facility which meets quarterly. The applicant has also arranged a meeting with the neighborhood at Northport School on July 8, 1987. The applicant notes that the Bill Kelly House is one of several community based programs operated by the Kelly- Norton Programs, Inc. and that all of the programs have established favorable reputations with their respective neighbors, residents, families of residents, service providers and the general public. Finally, the applicant notes that the Kelly House is on a month to month lease at their present location and that it is hoped that the program could occupy the premises at 5240 Drew AVenue North between October and December, 1987. 7 -16 -87 -2- Staff Comments As a special use in the R5 zoning district, the proposed residential treatment facility is to meet the Standards for a Special Use Permit contained in Section 35- 220.2 (attached). The Commission is probably aware, however, that the State has, for the most part, pre - empted regulation of such group homes and that there is very little, or no ability on the part of the City to deny the proposed use. The State has determined through its policies and statutes that residential treatment facilities provide a necessary service to the community. The remodeling plans proposed by this facility meet the requirements of the Housing Maintenance and Occupancy Ordinance in terms of space provided per resident. Standard (a) would, therefore, appear to be met. There will no doubt be alle by those who live in the neighborhood that property values will decline as a result of the group home locating within the neighborhood. However, the City Assessor has detected no such decline in property values in other neighborhoods surrounding existing residential facilities in the City. In the past ten years, there have been no formal complaints lodged against any of the group homes in the City. There has been a complaint lodged against Welcome Community home at a public hearing in 1984 by the owner of an adajcent four plex alleging lack of supervision. The degree of supervision at the proposed residential treatment facility seems adequate. Staff do not expect a decline in property values in the neighborhood as a result of the proposed residential treatment facility. The area around the proposed facility is already developed. Therefore, it will not impede normal and orderly development of surrounding _land. Finally, traffic should not be a problem with the proposed facility since none of the residents will have cars (there will be a van parked at the premises for transportation). The parking lot should be widened to allow 90 degree parking stalls for at least 17 cars and appropriate screening should be provided where this parcel abuts RI zoned land on the south. Thus, the special use standards appear to be met in this case. What appears to be the most compelling aspect of this proposal is not the standards for special use permit or how the City might view this type facility under its Zoning Ordinance, but rather its relationship to State legislation and court precedents where cities have tried to impose local control or denied permits to operate such facilities in residential zoning districts. This community has had first hand knowledge of this relationship as it relates to the City's attempt to deny a similar facility from locating at 4408 69th Avenue North in 1983• That proposal involved Northwest Residence's plan to operate a residential treatment facility for 18 to 20 mentally ill persons. Attached for the Commission's review is a copy of City Council Resolution No. 83 -89 stating the reasons for that denial. The City's position was upheld in a District Court Action, but upon appeal to the Minnesota Court of Appeals, that decision was reversed. Generally, the Court concluded that Northwest Residence met applicable requirements of City Ordinance; that the City did not have the authority to establish stricter standards for the mentally ill since special care of the mentally ill has been made a matter of State concern; and the State has preempted local regulations in this field. The Court went on to say that local regulations cannot prohibit what the State expressly permits. That ruling was appealed by the City to the Minnesota Supreme Court which denied our petition for review letting the Appeals Court ruling stand. 7 -16 -87 -3- Generally speaking, the State policy is that municipal zoning ordinances should not be used to exclude these people from the benefits of normal residential surroundings. The City's zoning ordinance and provisions relating to group care facilities are the same today as they were in 1983 where the Northwest Residence proposal was before the City and the Court. This facility (Kelly House) is similar in that it is a residential care facility, it is licensed by the State and, I believe, for our purposes the same as Northwest Residence. I am certain that some will argue with the logic, but I believe the conclusion would be the same. We have received a number of comments and inquiries regarding this proposal. As mentioned previously in the report, an informational meeting was held at Northport School on July 8th with approximately 140 people attending. The neighborhood, it is fair to say, is opposed to the relocation and has expressed safety concerns and fears, as well as concern that this facility will have a negative effect on property values. Other points of interest and concern have been raised as well, and I'm certain, will also be expressed during the public hearing. At the time this report was prepared, our office had received two letters opposing this application. One was from K.E. and A J. Janeksela, 5312 Northport Drive, the other from Bernard Ackerson, 3713 53rd Avenue North. These letters are attached for the Commission's review. The Planning Commission may wish to table this application following a public hearing. Staff do not recommend tabling for the sake of tabling. However, if it is felt that greater public input is needed or more information must be obtained or responded to, a tabling would be appropriate. Any action recommending approval should be subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official and the State Building Codes Division 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. The site plan shall be amended prior to consideration by the City Council to indicate the following: a) A 15' wide greenstrip measured from the property line on 53rd Avenue North. b) A 42' wide parking lot with at least fifteen (15) 90 degree parking stalls and bounded by B612 curb and gutter. c) A minimum 4' high screening device adjacent to the residence to the south. 7 -16 -87 -4- 5. The premises shall continue to be licensed under the Housing Maintenance and Occupancy Ordinance and shall be subject to the occupancy provisions therein. 6. The permit is issued to the applicant as operator and is nontransferable. 7. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 8. Existing tenants shall receive a minimum of 30 days notice prior to the date they are expected to vacate the premises. 9. There shall be a minimum of one staff person on the premises at all times. 10. A copy of the current State Board and Lodge License shall be kept on file with the City. 11. The special use permit shall be reviewed within one year of the date of issuance to examine the history, if any, of complaints or police actions relating to the facility. 12. Approval acknowledges the ability of the applicant to provide up to 20 parking spaces on site meeting the minimum requirements of the Zoning Ordinance. The applicant shall enter into an agreement with the City whereby the applicant agrees to provide at least 20 parking spaces on site upon a determination by the City that the parking spaces are needed. Said agreement shall be filed with the title to the property. 13. Any outside trash disposal facilities shall be appropriately screened from view. 7 -16 -87 _5_ . Planning Commission Information Sheet Application No. 87013 Applicant: David Brandvold Location: 5819 Bryant Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the parcel of land at 5819 Bryant Avenue North. The land in question is zoned RI and is bounded on the east by Bryant Avenue North and on the south, west, and north by single - family homes. The purpose of the subdivision is to create a new buildable lot north of the residence at 5819 Bryant Avenue North. The existing lot is legally described as Lot 36, Lyndale Riverside Acres. The proposed legal description is Lots 1 and 2, Block 1, Jody's Second Addition. The existing lot is quite large at 147.72' by 165.85' for a total 24, 502 sq. ft. The lot is to be divided as follows: Lot Type Width Req'd Depth Req'd. Area Required 1 Interior 75' 75' 165.97' 110' 12,442 sq. ft. 9,500 sq. ft. 2 It 72.72' 75' 165.85' 110' 12,060 sq. ft. 9,500 sq. ft. There is a lot width variance requested on Lot 2 of the proposed plat ( see Application No. 87014) to allow an interior RI lot with a width of less than 75'. There is also an existing detached garage and driveway which encroach on to the proposed Lot 2. The garage will have to be relocated onto Lot 1 with a minimum 3' side yard setback, as required by the Zoning Ordinance, prior to release of the final plat for filing at the County. No easements, either existing or proposed are shown on the preliminary plat. The new lot does have an existing water service stubbed in to the property line. The Engineering Department's records also show a sanitary sewer stub at the north end of the property. Both extra services have been paid for. If the variance application is approved for this subdivision, we recommend approval of the preliminary plat, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3• The existing garage shall be relocated with atleast a 3' side yard setback onto Lot 1 prior to release of the final plat for filing. 7 -16 -87 Planning Commission Information Sheet Application No. 87014 Applicant: David Brandvold Location: 5819 Bryant Avenue North Request: Variance The applicant requests approval of a variance to subdivide the lot at 5819 Bryant Avenue North into two lots including a lot with a width of only 72.72' rather than the 75' required by ordinance. The lot in question is zoned RI and is bounded by Bryant Avenue North on the east, and by single - family homes on the south, west and north. The application is subject to the standards contained in Section 15 -112 of the Subdivision Ordinance and those contained in Section 35 -240 of the Zoning Ordinance (both attached) The applicant has submitted no written arguments addressing these standards. The precedent for this type of variance is considerable, however. In general, lot variances have been granted where two out of three lot requirements (width, depth, and area) are met and the request is "reasonable and the variance is minimized." Staff feel that this request is indeed reasonable. The extra depth to the lot makes the area more than adequate for a single- family lot. Also, 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 applicant has also minimized the variance by proposing one lot of 75' width and another at 72.72 Finally, there appears to be no detriment to surrounding property since the proposed lot is as large as a standard single - family lot. It should be noted that many of the lots on this block are oversized, but are not as large as the lot being split in this case. Therefore, in granting the requested variance, we do not believe a precedent is established to grant other lot variances on this block. Property owners on this block may feel that a larger lot size should be required because of the large lots on the block. However, as with the lot area variance for Steve Cook, staff do not feel that a higher standards may be applied for this particular block. The standard we recommend is that for the whole community, not for a particular block. In conclusion, we recommend approval of the variance request on the basis of the following: 1. The proposed lot has extra depth which produces ample lot area. 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'. 7 -16 -87 3 AP long WIN IN ME Hill � NJ 111 II11� X11 �� • moll a MEN ago I !AI!1 vG I !a• °ti. Q A PP - � EAIfl i1H� _ _ _. — _. —_. _ - PI, .... 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RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 87008 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME WHEREAS, Application No. 87008 submitted by Maranatha Conservative Baptist Home proposes rezoning from R1 (One Family Residence District) to R6 (Multiple Family Residence District) of 3.3 acres of land west of the nursing home at 5401 69th Avenue North; and WHEREAS, the Planning Commission held a duly called public hearing on May 21, 1987 when testimony regarding the request was taken; and WHEREAS, the request was tabled and referred to the Northwest Neighborhood Advisory Group for review and comment, which met on June 2, 1987; and WHEREAS, the Planning Commission on July 16, 1987 again held a duly called public hearing regarding the matter; and WHEREAS, the rezoning request was recommended for approval by the Planning Commission by Planning Commission Resolution No. 87 -1; and WHEREAS, the proposed rezoning was considered by the City Council at its July 27, 1987 regular meeting wherein a duly called public hearing was held and testimony regarding the rezoning request was accepted; and WHEREAS, an appropriate development plan has been submitted to the Planning Commission and City Council; and WHEREAS, the plans and the proposed rezoning have been reviewed by the Planning Commission and City Council in light of the goals and objectives of the Comprehensive Plan and surrounding adjacent land uses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that Application No. 87008 submitted by Maranatha Conservative Baptist Home be approved in consideration of the following: 1. The rezoning request is consistent and compatible with existing adjacent land uses. 2. The rezoning will allow for construction of housing designed specifically for the elderly which meets a community need. 3. The development plans for the land appropriately placed the building at the north end of the site, thus allowing for the largest separation from the single - family homes to the south. 4. The R6 zoning district is the lowest density zoning district to allow for the on -site services proposed for the elderly residents. RESOLUTION NO. 5. The location, configuration and topography of the land in question is unsuited to single - family development. 6. The subject property can support the development within the requirements of the R6 zoning classification as witnessed by the proposed site and building plans submitted under Application No. 87010. 7. In light of the above, it is believed that the proposed rezoning meets the guidelines for evaluating rezonings set forth in Section 35 -208 of the Brooklyn Center Zoning Ordinance. 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. Notice is hereby given that a public hearing will be held on the day of 1987 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND 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 -1150. MULTIPLE FAMILY RESIDENCE DISTRICT (R6). The following properties are hereby established as being within the (R6) Multiple Family Residence District zoning classification: Lot 2, Block 1, Maranatha Addition. 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). - 1 ��i �. I - HUMB� AVE. V = N - } — U Y - - - to m m D - - -- - - - _ _ -- -.- GIRAR � rn D r z - _ - - F EMON AV E. N. -- -- EMERSON cn c0 _ DUP AV E. ONT - - - COLFAX AV E rn - NT AVE. N. � BRYA --- - T I I q RICH AVE. N. ' -- - ALDRICH DR N. k 'c -- - - -k\ c TCAMDEN AVE. N. rn 000 000 0 0A ® ® +. 0000 :� ®o ® ®A 00,00 O 000000 CI�f C 1. 000 00 0000 0 - -- _ Q �0000 00 - -- -_ I M Cu �' f 1 I �' S83S I . +,i' �;� .� ✓f�J¢��7 342 - : - � d4 ! I it r— b SB i9 27 x rn r r. i 1 (n i ! a o I I I ! i Spa /e • /,.,�.� _ �,. _ i CITY 6301 SHINGLE CREEK PARKWAY OF B:tROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: July 24, 1987 RE: Committee for the Bicentennial of the U.S. Constitution Renaming the Social Hall as Constitution Hall. In accordance with City Council direction, City staff and CMA (i.e. - Al Mjorud of Carlson Mjorud Architecture Ltd. - the architect for remodeling of the Community Center) have worked with the Committee for the Bicentennial of the U.S. Constitution to develop concepts and cost estimates for re- identification of the Social Hall as Constitution Hall. Attached hereto are: - a July 15, 1987 report from CMA and a July 16, 1987 memo from Geralyn Barone, summarizing the results of the Committee's 7/16/87 meeting. Since the 7/16/87 committee meeting, the Constitution Committee has also met with the Earle Brown Committee to discuss the concepts, costs, and budgets. It is my understanding that, as a result of that meeting, the committee now recommends that their first three priority items be implemented at this time, and that priority item No. 4 be deferred to a later date. Accordingly, the estimated costs (including the 15% contingency recommended by CMA) for the 3 items recommended are as follows: Priority No. 1 - Sy Knapp $1000. x 1.15 = $1150. Priority No. 2 - Glass Panel $5950. x 1.15 = $6845. Priority No. 3 - Documents $ 800. x 1.15 = $ 920. TOTAL $8915. Page two It it also my understanding that the Constitution Committee intends to finance this total amount, using a combination of: -funds allocated to them by the Earle Brown Committee; and - public contributions Schedule: The Committee has requested that all items be completed before September 17th, since they are planning a Constitution Day activity in that hall for that day. To meet the deadline, it will be necessary to place the order for the materials as soon as possible - since delivery schedules of S to 6 weeks must be allowed for these items. Presentation To City Council Although the committee proposes to fund the entire cost for this work, we have requested Committee Chairman Bill Lakotas to present and discuss this matter with the City Council on 7/27/87. Following that presentation, the City Council should: 1. - approve of doing the recommendation to re- designate the "Social Hall as "Constitution Hall " by motion; and 2. - adopt such other motion(s) as the Council deems appropriate regarding approval of the design concepts, the priorities, funding, etc. Respectfully Submitted Sy Knapp, Director of Public Work SK/n1 cc: Bill Lakotas I Carlson Mjorud Architecture Ltd. 1000 Shelard Parkway Minneapolis, Minnesota 55426 612/546 -3337 PROJECT #87103 -5 DATE: July 15, 1987 PROJECT MEMO: #1 PROJECT: Constitution Hall CITY OF BROOKLYN CENTER Brooklyn Center, Minnesota SUBJECT: Statement of Probable Construction Cost BY: Rich Lay The following cost data represents a Statement of Probable Construction Cost. This statement is based on actual quotations from the St. Paul - Minneapolis area and the Means' Square Foot Costs Means' Construction Cost Data and projections into the future based on expected inflationary trends: 1. The prices quoted in the above noted cost estimating manuals are usually averaged for major cities in the United States. Although, in some cases, they are obtained from a definite locality. Data accum- ulated from actual job costs in 1986 and material dealer's 1987 quo- tations have been combined with negotiated 1987 labor rates to revise previous figures. Hundreds of contractors, subcontractors and manu- facturers have furnished cost information on their products. 2. No guarantee or warranty is made by the Robert Snow Means Company or the editors as to the correctness or sufficiency of the information contained in their publication. 3. Signage for Social Hall to be renamed Constitution Hall Two entries into Constitution Hall are 6' wide doors, above the entry doors 6" high metal letters in "Palace Script" (see enclosed sheet) and finished to match the hollow metal door frames. $ 1,000 PROJECT MEMO: #1 Date: July 15, 1987 Page Two 4. Graphic in Constitution Hall: a. Option "A ": (Not recommended by Architect) 14' square banner with dowel, cord, tassel and fringed edge supplied by Metro Flag Company, Dover New Jersey. $ 2,145 Add freight, production time approximately 4 weeks. b. Option "B "• A soft sculptured fabric on aluminum frame with wood backing, 14' in diameter. $ 3,539 Production time approximately 4 weeks. c. Option "C ": Glass panels with emblem silk screened on the reverse side to form one 14' diameter emblem. $ 5,950 d. Option "D": Plastic laminate surface 14' diameter with silk screened emblem. $ 3,250 Note: Options A B " "C" and D are based on the bicentennial emblem supplied by Brooklyn Center. 5. Lobby development: a. 10' x 12' scan mural of the signing of the Constitution. $ 5,200 b. 10' x 12' photo mural of the signing of the Constitution. $ 2,600 Note: The scan mural is a process by which a computerized air brush technique is used to recreate the actual photo. this technique in reproducing the artwork is the most durable and lasting method of reproduction. 6. City Hall, Earl Brown Farm Complex, or Upper Lobby of Expanded Community Center: a. Mounting and display of approximately 9 documents of the Constitution collection. $ 800 7. Contingency: The Architect recommends the amount of 15% be added to the total of each of the selections. AM /mcp 07/16/87 cc: Gerald Splinter Sy Knapp Constitution Bicentennial Committee CMA (2) MEMORANDUM TO: Gerald G. Splinter, City Manager er g FROM: Geralyn R. Barone, Personnel Coordinator DATE: July 16, 1987 SUBJECT: Constitution Hall The Constitution Bicentennial Committee met on Thursday, July 16, 1987, at 7 p.m. Al Mjorud of Carlson Mjorud Architecture Ltd. was present to review options for incorporating the concept of the U.S. Constitution into the remodeling of the social hall. The committee set priorities of what they wish to accomplish, and they will pursue these priorities based on the availability of funding. Possible options -are outlined in a memorandum from Carlson Mjorud dated July 15, 1987 (attached). The priorities established by the committee, contingent upon available funds, are as follows (items reference the Carlson Mjorud memorandum): Priority No. 1. Item 3. - Signage for Constitution Hall over doorway entrances. Priority No. 2. Item 4.c. - Glass panels with emblem silk screened on the reverse side to form one 14' diameter emblem, for installation inside Constitution Hall. Priority No. 3. Item 6.a. - Mounting and display of nine documents of the Constitution collection; the committee wants this to stay at the community center (not City Hall or Earle Brown Farm). Priority No. 4. Item 5. - Scan or photo mural for lobby area; there was much concern that this could be easily vandalized and would not last very long; as a result, it was not a very high priority, but is still a consideration. Possible funding options will be discussed further at the Earle Brown Days committee meeting on Monday, July 20, 1987, at 7:30 a.m. These options include receiving monies from Earle Brown Days, Inc., the City f Brooklyn yn Center, and fund raising. If all funds can be received from Earle Brown Days, Inc., further options will not be pursued. Hopefully this provides you with sufficient information from the meeting. You may want to call Bill Lakotas at 533 -2959 if you have any questions. Otherwise, you can discuss this further with me when I return from vacation on July 27, 1987. cc: Sy Knapp Bill Lakotas Phil Cohen r M & C NO. 87 -14 July 23, 1987 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: A Redraft of Proposed Implementation Plan - 1984 Pay Equity Act To the Honorable Mayor and City Council: At your July 13, 1987 meeting you asked the staff to review the Proposed Implementation Plan and addressed a number of questions raised in the discussion at that meeting. Attached please find a copy of a letter from our attorney's office covering the question of legal consequences of not implementing a Pay Equity Act Compensation Plan. I'll not detail the information in the letter. However, I will comment that the he risk of legal action is not insignificant. ant. It g would be a far more prudent course of action to adopt a plan. With regard to the Proposed Implementation Plan, I have modified the recommendation contained in the July 9, 1987 memorandum. Under the new proposed resolution and Pay Plan, the implementation of the Pay Equity Act would occur over a four year period of time. In the enabling resolution during the four year period of time, the maximum amount of increase which could be annually received by any employee with relation to a pay equity adjustment is specifically designated. In 1987 the increase on this basis could not be more than $1.25 per hour; in 1988 the increase could be no more than $1.50 per hour; in 1989 the increase again could be no more than $1.50 per hour, and any remaining increases would be allowed to be implemented in 1990. In addition, the resolution also requires the city manager to keep the total implementation costs within budget restrictions. In 1987 that budgeted amount is 35 g $ 000 and the Council as a art of adopting P p g future year budgets, would establish an amount for the implementation p ementation of that ortion of the plan to give the P P g city manager specific direction. These authorizations by the City Council set maximums. The city manager would still, as he does under the current pay plan, have the authority to grant increases less than the maximum. The total annual payroll cost, salary and dollar related fringe benefit costs is estimated at approximately $120,000. Under the Proposed Implementation Plan, those costs would be phased in over four years. The total annual payroll costs for Brooklyn Center in 1987 is approximately $5 million. If the total costs were M & C NO. 87 -14 -2- implemented in 1987, which we are not proposing to do, the cost of the program would be approximately 2 -1/2% of total payroll costs. We have reviewed with other communities their experience as they implement the 1984 Pay Equity Act, and our costs and payroll adjustments appear to be in line with or below the costs of other communities. We hope that the above information and the attachments address your concerns regarding the Pay Equity Act Implementation Plan. We stand ready at your Council meeting on Monday evening to answer any other questions you may have. Respectfull submitted, Gerald G. S inter City Manager encs. • LeFevere Lefler Kcnned }' O' Brien k. Drawz a Professional Association 2000 First Bank Place West July 22, 19 8 7 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333 -0540 Clayton L. LeFevere Mr. Gerald Splinter Herbert P. Lefler City Manager J. Dennis O'Brien City of Brooklyn Center John E. Drawz 6301 Shi Creek Parkway David J. Kennedy g Joseph E. Hamilton Brooklyn Center, Minnesota 55430 .ohn B. Dean Glenn E. Purdue Richard J. Schieffer Re: Implementation of Pay Equity Plan Charles L. LeFevere Herbert P. Lefler III Dear Mr. Splinter: James J. Thomson, Jr. Thomas R. Galt Dayle Nolan The 1984 Comparable Worth Act, Minn. Stat. Brian F. Rice §§471.991-471.999 (the "Act ") , requires political subdi- John Gel M. Str �a M. Strommen visions of the state to establish "equitable compensation H. Batty relationships" among classes of employees and positions P. Jordan by August 1, 1987. Minn. Stat. § §471.992, 471.993 Kurt J. Erickson - y Nilliam R. Skallerud (1986) . The City staff has developed a plan for estab- Rodney D. Anderson lishing pay equity under the Act and has presented the Corrine A. Heine plan to the City Council for consideration at its July David D. Beaudoin Paul E. Rasmussen 27, 1987 meeting. You asked our office to advise you of Steven M. Tallen the consequences the City would face if it failed or Mary F. Skala refused to a implement a equity p lan b the Aug ust 1 Christopher J. Harristhal deadline. p p q y p y Timothy J. Pawlenty Rolf A. Sponheim The Act does not expressly provide for a civil penalty, cause of action, or other sanction against political subdivisions that do not comply with the Act. Two sections of the Act, however, essentially invite a lawsuit against any political subdivision that fails to implement a pay equity plan by August 1, 1987. Section 471.997 provides that neither the commissioner of human rights nor any state court may use or consider the results of a job evaluation system or the reports of said results in any discrimination action or proceeding commenced under Chapter 363 of Minnesota Statutes, before August 1, 1987. In addition, section 471.9975 states: "No cause of action arises before August 1, 1987 for failure to comply with the requirements of [the Act)." Minn. Stat. §471.9975 (1986) (emphasis added). Those sections suggest one or more theories for a cause of action against the City, if it chooses not to implement Mr. Gerald Splinter July 22, 1987 Page 2 the pay equity plan. The number of theories is limited only by the imagination of a plaintiff's attorney, but a few of the more likely possibilities are summarized below. 1. Violation of the Minnesota Human Rights Act, Minn. Stat. §363.01 et. seq The Minnesota Human Rights Act (MHRA) prohib- its sex discrimination in employment. If the City fails to implement a plan by August 1, an employee might sue under the MHRA and use the results of the City's own job evaluation system as evidence against the City. A successful plaintiff could potentially recover up to three times his or her actual damages, punitive damages up to $6,000, plus attorneys' fees. The City may also be required to pay a civil penalty to the state. Minn. Stat. §363.071, subd. 2. 2. Injunctive Action An interested person may bring an action against the City to force it to comply with the mandate of the statute and to adopt a pay equity plan. The action could be in the form of a declaratory judgment action or a writ of mandamus. As we understand the facts the City would have no defense to such an action. A court would likely require the City to adopt a plan. 3. §1983 Action To recover under 42 U.S.C. §1983, a plaintiff must establish that the City deprived him or her of a federally guaranteed right. It is likely that a plaintiff would claim that he or she had been denied equal protection of the laws. A successful plaintiff would be entitled to attorneys' fees as well as actual damages. 4. Equal Pay Acts Both state and federal laws prohibit sex -based wage discrimina- tion. Minn. Stat. §181.66 to 181.71 (1986) (the Equal Pay for Equal Work Law); 29 U.S.C. §206(d) (Equal Pay Act of 1963); Mr. Gerald Splinter July 22, 1987 Page 3 42 U.S.C. § §2000e to 2000e -17 (Title VII, Civil Rights Act of 1964). Failure to adopt a pay equity plan to eliminate sex -based wage discrimination substantial- ly increases the City's exposure in the event an _employee brings an action under any of the above statutes. Attorneys' fees are recoverable under all of those statutes. Minn. Stat. §181.68; 29 U.S.C. §216(b); 42 U.S.C. §2000e-5(k). The above list is a thumbnail sketch of the possible actions that might be brought. It is not possible, without knowledge of the specific circumstances, for us to give you an opinion as to the likelihood that any of those actions would succeed. In any action, however, it is certain that the plan the staff has proposed would be used as evidence of an existing pay inequity. If you have questions concerning this letter, please call me or Charlie LeFevere. Yours very truly, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ Corrine A. Heine 0007ltO1.g48 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN ---------------------------------------------------------------------- WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council, on December 22, 1986, did adopt Resolution No. 86 -202 which set wages and salaries for the calendar year 1987 by adoption of the Position and Classification Plan (Schedules A through K) for the calendar year 1987 which 9 7 c sets ranges g and maximums which the City Manager shall be authorized to pay in classified positions, and WHEREAS, authorized wage adjustments, not to exceed the maximums contained therein, became effective January 1, 1987; and WHEREAS, the 1984 Minnesota Pay Equity Act requires every political subdi- vision to establish "equitable compensation relationships" between its employees; and WHEREAS, the City Council has reviewed the Amended 1987 Employee Position and Classification Plan; and WHEREAS, the Amended 1987 Employee Position and Classification Plan incor- porates changes to meet the requirements of establishing "equitable compensation relationships "; and WHEREAS, the Amended 1987 Employee Position and Classification Plan estab- lishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1987 Amended Employee Position and Classifica- tion-Plan provides for pay increases awarded for improvements in job performance; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends wages and salaries for the calendar year 1987 by adoption of the attached Amended Position and Classification Plan (Schedules A through J) for the calendar year 1987 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and RESOLUTION NO. 87- BE IT FURTHER RESOLVED that the City Manager may move an individual employee to pay grades in the attached Amended Position and Classification Plan (Schedules A through J), but he is limited to authorizing increases due to Pay Equity Act compliance for an individual employee of no more than $1.25 per hour in 1987; no more than $1.50 per hour in 1988; no more than $1.50 per hour in 1989; and to the balance of any remaining increase in 1990; and BE IT FURTHER RESOLVED that all increases due to Pay Equity Act compliance must be within the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1987 budget appropriations; and BE IT FURTHER RESOLVED that the Amended 1987 Employee Position and Classifi- fication Plan shall become effective August 1, 1987. 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. A x .. ,. M & C No. 87 -13 �R July 9, l987 _ r `FROM THE OFFICE OF THE CITY MANAGER fps SUBJECT: Implementation Plan - 1984 Pay Equity Act - k f 4 ,w �w � To the Honorable Maax and City Council:_ � r: Under the direction �jOf the 1984 Pay Equity Act passed b the Minnesota State Legislature, municipalities and other political subdivisions must, adopt by August 1, 1987 a plan of implementation. Among other requirements in the plan, it requires that "equitable compensation relationships be established in a political subdivision compensation plan." -.. Attached please finda memorandum from the Personnel Coordinator to .myself documentin g 1� the methodology of our .compensation analysis under the Pay Equity Act (see attachment #1). 4�� The following paragraphs; describe our implementation plan for meeting these State '.mandates. The attached resolution and w` compensation plan; if adopted, will meet the requirements within the State adopted Pay Equity Act. 'The,City Manager's proposal to the City'Council for meeting the - ..1984 Pay- Equity Act :mandate„ is to raise the salary .range of all p ositions falling below the initial regression line analysis of our existing compensation' plan (see attachment #2). To make this a as , simple as possible, we ''have matched the proposed new 'salary ranges for all position to steps in the City's existing compensation lan format'-(see P attachment #3). After this f "matching process" was complete, a second regression' line �7 a, r analysis was conducted using the proposed new salary ranges and � 6 all positions, with the exception of five, fell within the 20% } regression analysis corridor Fr -(see attachment #4).; Those""' ` positions falling within this .corridor, we believe, meet the � =k, "equitable relationship" re � -� r p requirement of the State mandate. The five positions above the .corridor are 'custodian, city engineer >� , mechanic, - pol ice officer and police sergeant. The r � latter three positions are `classified in bargaining units and h` "ry changes in their salary ranges must be arrived at by negotiation and /or arbitration. The maximum rate for all of these positions may have to be frozen, reduced b lesser salary ncreases or ,s reduced over time to meet ,the "equitable Y relationships!' requirement of the State Iaw. Funds appropriated in`.the'<City's 1987 Budget for Pay Equit Act �r implementation amount. to $35,000. Because of the expens s oft' h t a r ; �q „'C # f .rs..� , r k $ 'u I+'e $ }, ."y4 -. �' . k }%_ ;� s'�'� M �'� t a �`e f�a y �' air tr..' '�' i x.; ,tr + '�.?,;kys #, t a a 1” #':S • .,±' P s F 1 c P' t * ' > rIm .�p«+ ^�` a s X E. # t w " s $'d ha.Y t YN&. F: f i^ s `. '> a ,x41�» .'n0.3?et this State mandate and the funding limitations rest City, the we reco Y, mmend im lementa implementation n by phasing in the ....movement of . employees within the new salary ranges over a three ear ° 4 Y Mime period. The City Manager will be responsible for administering the transition from the current compensation plan to the proposed compensation plan within the _City Council approved - budget l limitations for ears 1987 1988 and 1989. < Y , , We estimate the annual increased cost of complying with the Pa E between $90,000_to.$100,000. Y quity Act of 34 l - p By making adjustments to the City's compensation plan gradually over three years, " °tits is anticipated that the State mandates will be met while minimizing the overburden to the City Is Budget.:. Continual monitoring of compensation relationships between various City positions will be necessary. The adjustments recommended in this':xeport are the first step in an ongoing process to meet the ;Pay Equity Act requirements of equitable compensation compensation relationships.�� The staff recommends „ypur favorable consideration of the attached resolution adopting an.;amended compensation plan for the City of Brooklyn Center dated,July 13, 1987. a , `Respectfully submitted, Gerald G. Spli ter City Manager % pp 4 F }X a' "E tw F f i y _ t J; 4 �� ot 'y F w^ s T � Attachment1 -DRAFT - MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinator DATE: June 29, 1987 SUBJECT: Methodology for Determining Compensation Inequities Under the 1984 Pay Equity Act Requirements The 1984 Pay Equity Act requires every political subdivision in Minnesota to establish "equitable compensation relationships" between female dominated, male- dominated, and balanced classes of employees. As you know, the City of Brooklyn Center and a number of other local jurisdictions contracted with Control Data Business Advisors to conduct a job analysis and evaluation study. The results of the study are manifested by a hierarchy of authorized City job classifications. The following report explains the City's use of the study results in determining compensation inequities. DETERMINING COMPENSATION INEQUITIES The pay equity law does not provide any formula for measuring whether compensation relationships are reasonable or unreasonable, nor does the law assign relative weights to job value versus market value. The difficulty of the task of determining total compensation reasonableness between employees has been compounded by the imposition on cities of the federal -2- Fair Labor Standards Act (FLSA) on April 15, 1986. The overtime obligations of the FLSA for nonexempt personnel requires cities to specifically address the compensation differentials between nonexempt employees (mandatory overtime compensation required) and exempt employees (no overtime compensation required). The City has used a gender- neutral approach to the determination and resolution of compensation inequities. This neutral approach is consistent with the approach traditionally discussed in academic literature and used by major corporate organizations in their compensation programs. Under this approach, the City has been able to diagram its compensation and job evaluation results utilizing statistical regression analysis of all full -time positions, regardless of gender, with plus and minus deviation parameters determined as acceptable to the City. Using this method, the City can ascertain whether any individual position's compensation level is unacceptably high or low in comparison to its determined acceptable deviation. Attachment 2 of M & C No. 87 -13 represents bivariate correlation and regression summarizing the relationships between two variables: point values, determined in the job analysis study; and 1987 maximum hourly wage rates of positions. A11 City positions are plotted on a scattergram, where point values are designated on the horizontal axis, and dollars representing hourly wage rates are designated on the vertical axis. The -3- plotting of the male- dominated and female- dominated positions shows how wage rates and point values vary for each position and in relation to one another. The regression line is derived from the pattern of points plotted on the scattergram; it is the line that best describes the relationship of the points (known as the line of "best fit ") and is calculated using the least - squares criterion measure. We believe this technical analysis is required to meet Pay Equity Act requirements. Lines reflecting parameters of ten percent have been calculated and drawn above and below the regression line, creating a twenty percent corridor from one side of the line to the other. (Most jurisdictions participating in the Control Data study also are working with a twenty percent regression corridor. ) The purpose of the corridor is to account for any error in the regression line, and positions falling outside of the corridor indicate an inequity in the existing compensation system. These are the inequities which must be dealt with in the City's future compensation plan. In response to the requirements of the FLSA, the City made the assumption that employees in certain exempt positions, on average over a one -year period, work forty -two hours rather than forty hours each work week without receiving overtime compensation. An additional five percent in wages was added to the regression line wage rate for these positions, thus alleviating any concerns over -4- meeting the requirements of the FLSA. CONCLUSION Based on this analysis, changes in the City's compensation plan are indicated in the proposed Employee Position and Classification Plan. EXISTING (1987) COMPENSATION PLAN REGRESSIOrl Al , IALY'v IS FOR BROOKLYN CENTER �6 110% LINE 32 ,REGRES ION LINE tR 90% LINE 4 26 t� {f 22�f 20 O 18 O 16 14 - fiy 12 ' r' f ' v ri- 10 = x n -, ' 6 CD 1 0 50 70 90 110 FOIP�dT� A MALES X FE-1ALES Attachment #3 CITY OF BROOKLYN CENTER 6 -24 -87 EXECUTIVE PLAN -------- - - - - -- 1987 PROPOSED PAY PLAN PAY PLAN C.7 PERFORM. PERFORM. RANGE RANGE POSITION MAXIMUM MAXIMUM v ----------------------------------------------------11 -- - City Manager 33 11 33.11 Director of Public Works 27.13 27.13 Director of Finance 25.23 25.23 Chief of Police 24.58 24.58 Director of Recreation 22.15 22.15 * Director of Ping & Insp 21.00 21.91 City Assessor 21.00 21.00 Liquor Stores Manager 18.73 18.73 * Denotes salary range adjusted due to pay equity act CITY OF BROOKLYN CENTER 6 -24 -87 SUPERVISORY - PLAN 1987 1987 PROPOSED PROPOSED PAY PLAN PAY PLAN PAY PLAN PAY PLAN PERFORM. GRADE PERFORM. GRADE RANGE RANGE RANGE RANGE POSITION MAXIMUM MAXIMUM MAXIMUM MAXIMUM ------------------- - -- ----- - - - - -- ---- - - - - -- City Engineer 22.99 S39C 22.99 S39C Police Captain 21.35 S36C 21.35 S36C HRA Coordinator 21.35 S36C 21.35 S36C Public Works Superintendent 20.83 S35C 20.83 S35C • Ass't Dir of Finance 17.52 S28C 20.83 S35C • Personnel Coordinator 15.88 S24C 19.83 S33C • Planner 13.03 S16C 17.10 S27C • Administrative Ass't,Police 13.03 S16C 17.10 S27C • Insp /Building Official 16.28 S25C 16.68 S26C • Staff Accountant 11.81 S12C 16.68 S26C • Public Works Coordinator 15.49 S23C 16.28 S25C • City Clerk 14.74 S21C 16.28 S25C • Office Manager, Police 14.39 S20C 16.28 S25C * Supv, Streets & Parks 15.12 S22C 15.88 S24C * Supv, Public Utilities 15.12 S22C 15.88 S24C * Golf Course Manager 15.12 S22C 15.88 S24C * Program Supv., Recreation 12.40 S14C 15.88 S24C Appraiser II 15.49 S23C 15.49 S23C Inspector, Planning & Insp. 15.12 S22C 15.12 S22C Maintenance Supervisor 14.39 S20C 14.39 S20C • Admin. Aid, Police 11.24 S10C 12.71 S15C Supv, Liquor Retail 11.81 S12C 11.81 S12C • Aquatics Supervisor 9.69 S4C 11.81 S12C • Admin. Aid, C.Mgr's Office 11.24 S10C 11.81 S12C * Denotes salary ranges adjusted due to pay equity act CITY OF BROOKLYN CENTER 6 -24 -87 D O Q TECHNICAL - SECRETARIAL PLAN --------------------- - - - - -- 1987 1987 PROPOSED PROPOSED PAY PLAN PAY PLAN PAY PLAN PAY PLAN PERFORM. GRADE PERFORM. GRADE RANGE RANGE RANGE RANGE POSITION MAXIMUM MAXIMUM MAXIMUM MAXIMUM --------------- --- ----------- - - - - -- 1582 * T37C . Engineering Tech IV 17.46 T41C Engineering Tech III 13.64 T31C 13.64 T31C Maintenance Custodian 12.67 T28C 12.67 T28C Lead Custodian 11.48 T24C 11.48 T24C Public Works Dispatcher 11.20 T23C 11.20 T23C * Payroll Technician 10.40 T20C 11.20 T23C Public Safety Dispatcher 11.20 - 11.20 T23C Custodian 10.66 T21C 10.66 T21C * Assessment Technician 9.42 T16C 10.66 T21C * Utilities Technician 9.42 T16C 10.66 T21C * Accounting Technician 10.40 T20C 10.66 T21C * Engineering Secretary 9.42 T16C 9.90 T18C * Ping & Insp Secretary 9.42 T16C 9.90 T18C * CEO 8.75 T13C 9.90 T18C * Police Secretary 9.42 T16C 9.66 T17C * Park & Rec Secretary 9.42 T16C 9.66 T17C � * Finance Secretary 8.53 T12C 9.66 T17C * Data Entry Operator 8.53 T12C 9.66 T17C * Admin. /Licenses Secretary 9.42 T16C 9.66 T17C * Admin. /Elections Secretary 8.53 T12C 8.75 T13C * Receptionist 7.73 T8C 8.53 T12C * Denotes wage ranges adjusted due to pay equity law D D P CITY OF BROOKLYN CENTER 6 -24 -87 O) PAY SCHEDULES WHICH ARE BARGAINED POLICE OFFICERS --------- - - - - -- 1987 CONTRACT RANGE MAX Police Officer 15.41 Police Sergeant 17.20 LOCAL 49 1987 HOURLY WAGE RATE Maintenance III 12.60 Maintenance II 12.10 Mechanic 12.60 Night Service Person 11.90 Maintenance I 8.72 i D ITY OF BROOKLYN CENTER 6 -24 -87 mop STORES PART -TIME HOURLY RATE SCHEDULE -------------------------------------------- 1987 PROPOSED PAY PLAN PAY PLAN HOURLY HOURLY RATE RATE POSITION MAXIMUM MAXIMUM Clerk /Stocker 6.15 6.15 Cashier 6.15 6.15 *Cashier /Office Assistant 7.15 7.70 *Denotes wage range adjusted due to pay equity act PROPOSED COMPENSATION PLAN ADJUSTMENT REGRESSION Al FOR BROOKLYN GUITTER 38 110% 36 LINE 34 REGRES 3ION A LINE 32 30 � 0 LINE 28 26 A 24 4 � 22 -� 24 [2: b r 18 ,,• h 14 � 12 r-t r-+ 1O � 6 3 30 5{} 70 POINTS r-F A MALES x FEMALES Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN ---------------------------------------------------------------------- WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council, on December 22, 1986, did adopt Resolution No. 86 -202 which set wages and salaries for the calendar year 1987 by adoption of the Position and Classification Plan (Schedules A through K) for the calendar year 1987 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and WHEREAS, authorized wage adjustments, not to exceed the maximums contained therein, became effective January 1, 1987; and WHEREAS, the 1984 Minnesota Pay Equity Act requires every political subdi- vision to establish "equitable compensation relationships" between its employees; r and WHEREAS, the City Council has reviewed the Amended 1987 Employee Position and Classification Plan; and WHEREAS, the Amended 1987 Employee Position and Classification Plan incor- porates changes to meet the requirements of establishing "equitable compensation relationships "; and WHEREAS, the Amended 1987 Employee Position and Classification Plan estab- lishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1987 Amended Employee Position and Classifica tion.Plan provides for pay increases awarded for improvements in job performance; and WHEREAS, an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends wages and salaries for the calendar year 1987 by adoption of the attached Amended Position and Classification Plan (Schedules A through J) for the calendar year 1987 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and RESOLUTION NO. 87- -------------- BE IT FURTHER RESOLVED that the City Manager may move an individual employee to pay grades in the attached Amended Position and Classification Plan (Schedules A through J), but he is limited to authorizing increases due to Pay Equity Act compliance for an individual employee of no more than $1.25 per hour in 1987; no more than $1.50 per hour in 1988; no more than $1.50 per hour in 1989; and to the balance of any remaining increase in 1990; and BE IT FURTHER RESOLVED that all increases due to Pay Equity Act compliance must be within the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1987 budget appropriations; and BE IT FURTHER RESOLVED that the Amended 1987 Employee Position and Classifi- fication Plan shall become effective August 1, 1987. 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. Licenses to be approved by the City Council on July 27, 1987: GARBAGE AND REFUSE COLLECTOR'S VEHICLE LICENSE Hilger Transfer, Inc. 8550 Zachary Lane ._' t `� 41Y)aLn1- Sanitarian zrk MECHANICAL SYSTEMS LICENSE n United Heating & Air Conditioning 7909 30th Avenue N. Building Official 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 (� Director of Planning and Inspection GENERAL APPROVAL D. K. Weeks, City Clerk L_cr i; „ C.2o i I i - I C c� S F IJ i j A14-1 G T7 72 C' A ? o I j i'fc C 211 C6, S C - /� - s CA 'I 'i i Ili CGS ;;11 I� i C- .7v7-'11 it , �I i I I it 'i;