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1986 04-21 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 21, 1986 (following adjournment of the HRA meeting) 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. 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 - March 24, 1986 - Amending previously adopted minutes to include correction. *Approval of Minutes - April 7, 1986 - Regular Session 7. Final Plat: *a. Lombard Registered Land Survey - Located at Freeway Boulevard and Shingle Creek Parkway *8. Performance Bond Release - Group Home at 4408 69th Avenue North *9. Proclamation Declaring April 20 through 27 as Volunteer Recognition Week E 10. Presentation of Award to City Council from Minnesota Water Ski Association *11. Renewal of License to Utilize Explosives for Howe, Inc. 12. Mayoral Appointment: a. Neighborhood Advisory Groups 13. Resolutions: *a. Accepting Bid and Approving Contract for Storm Drainage Improvement Project No. 1986 -08 (Contract 1986 -I) -Storm Water Holding Pond -Ryan *b. Approving Acquisition of Ryan Lake Terrace Outlots -This property lies along the northerly edge of the existing right -of -way for 47th Avenue North. Acquisition of the property for street purposes will serve to allow access to 47th Avenue from other CITY _ COUNCIL AGENDA _ 2 April 21, 1986 I properties lying north of 47th, and will clarify special assessment issues relating to future improvements. C. Requesting the Metropolitan Transit Commission to Re- establish Bus Service along Newton Avenue *d. Declaring Surplus Property -The items in this resolution are recommended for sale at the City auction to be held on April 26, 1986. *e. Expressing Recognition and Appreciation for the Dedicated Public Service of Jean E. Champlin *f. Authorizing the Mayor and City Manager to Enter into an Agreement with Funk nk Animal Hospitalization for Care of Impounded Animals g. Pertaining to Supplemental Agreement No. 1 for Improvement Project No. 1985 -27 (Contract 1986 -G) - Shingle Creek Parkway Geometric Improvements h. Establishing Project, ordering g a , Improvement, Approving Plans and Specifications, and Ordering Advertisement for Bids for Earle Brown Farm Tax Increment District Phase I Streetscape Improvement Project No. 1986 -09, Contract 1986 -H i. Establishing Retirement Health Insurance Program j. Resolution Acknowledging Receipt of Request to Approve q Modification to Redevelopment Plan and Tax Increment Financing Plan and Scheduling a Public Hearing on Same 14. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 35 of the Ordinances, Adopting a New Official Zoning Map -This item modifies the flood plain boundaries in the vicinity of the Centerbrook Golf Course. This item was first read on March 24, 1986, published in the City's official newspaper on April 3, 1986 and is offered this evening for a second reading. This item requires a 4/5 vote by the City Council. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Family Day Care in the Rl, R2 and R3 Zoning Districts -This ordinance was first read on March 24, 1986, published in the City's official newspaper on April 3, 1986 and is recommended for a second reading this evening. This item requires a 5 vote b 4 the City / Y Y Council. CITY COUNCIL AGENDA -3- April 21, 1986 15. Planning Commission Items: (7:45 p.m.) a. Planning Commission Application No. 86015 submitted by Viking Gym requesting special use permit approval to expand the gymnasium use at 6502 Shingle Creek Parkway in the industrial building at the northeast corner of Shingle Creek Parkway and Freeway Boulevard. This item was recommended for approval by the Planning Commission at its April 10, 1986 meeting. b. Planning Commission Application No. 86016 submitted by Color Converting Industries requesting a determination that the storage, production, and distribution of ink and ink components is similar in nature to other permitted uses in the I -1 zoning district. The applicant wishes to locate in the industrial building at 6660 Shingle Creek Parkway. This item was discussed at the April 10, 1986 Planning Commission meeting at which time the Planning Commission recommended that Color Converting Industries be considered similar in nature to other permitted uses in the I -1 zoning district. 16. Discussion Items: a. Volunteer Recognition week b. Regulation of the Storage of Vehicles, Boats, Recreational Vehicles, etc. C. Special Meeting - May 6 *17. Licenses 18. Adjournment CORRECTED COPY 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. An as -built survey of the property shall be submitted to the Engineering Department prior to the release of the performance guarantee. 10. The grading, drainage and utility plan, including the design of the storm water skimmer, shall be subject to review, and approval by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 11. Special use permit approval is deemed consistent with the Comprehensive Plan and with Sections 35 -220 and 35- 330 of the Zoning Ordinance and further is subject to . all applicable codes, ordinances and regulations. 12. Plan approval acknowledges proof -of- parking for 33 additional parking stalls. The applicant shall acknowledge in writing that he shall install said stalls upon determination of the need by the City. Said acknowledgement shall be filed with the title to the property as a deed restriction. 13. The landscape plan shall be modified prior to the issuance of building permits to reflect the recommendations of Westwood Planning to retain site lines to the Earle Brown Farm. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:23 p.m. and reconvened at 8:30 p.m. PLANNING COMMISSION APPLICATION NO. 86004 SUBMITTED BY PAUL WORWA REQUESTING AN APPEAL FROM A DETERMINATION THAT NOT MORE THAN FIVE (5) CHILDREN INCLUDING CHILDREN OF THE RESIDENT FAMILY, MAY BE SERVED IN A FAMILY DAY CARE OPERATION IN A TOWNHOUSE The City Manager noted that the Planning Commission had recommended denial of this item at its March 13, 1986 meeting, but recommended an ordinance amendment. The Director of Planning & Inspection stated that the application was reviewed by the Commission and tabled at its February 13,1986 meeting in order to 3 -24 -86 -9- give staff time to obtain and review the State licensing regulations for home day care facilities. He stated that day care is an allowed home occupation for R3 zoned property. He noted that State licensing regulations allow up to ten children but City ordinance only allows up to five children including the resident children in R3 zones. The Director of Planning & Inspection stated that in Mr. Worwa's appeal it was noted that his townhouse is larger than his previous detached home and that he is near more open space than in his previous home. The Director of Planning & Inspection stated that the ordinance amendment submitted this evening would meet State mandates for R1 zones, which is 12 children; would allow five children not including the resident children, in R2 and R3 zones; and would not affect the R4 zones at all. Councilmember Hawes asked if there were any State requirements regulating the number of school age children allowed in home day care facilities. The Director of Planning & Inspection stated that the licensing provisions would handle this regulation, not the zoning ordinance. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny Planning Commission Application No. 86004 submitted by Paul Worwa requesting an appeal from a determination that not more than five (5) children, including children of the resident family, may be served in a family day care operation in a townhouse. The motion passed unanimously. 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 Family Day Care in the Rl, R2 and R3 Zoning Districts and to set the public hearing date on the ordinance for April 21, 1986 at 7:30 p.m. The motion passed, with Councilmember Hawes opposed. ORDINANCES The City Manager presented An Ordinance Vacating Part of the Right -Of -Way of Logan Avenue North along Lot 6, Block 2, Northbrook Center Addition. He added that this item was first read on February 24, 1986, published in the City's official newspaper on March 6, 1986 and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of the Right -of -Way of Logan Avenue North along Lot 6, Block 2, Northbrook Center Addition. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance 3 -24 -86 -10- 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 APRIL 7, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:09 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director y g p Paul Holmlund, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. g a. Councilmember Lhotka requested items 7a and 7b be removed from the Consent Agenda. APPROVAL OF MINUTES - MARCH 24 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the March 24, 1986 City Council meeting as submitted. The motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Arby's Brookdale Center Beacon Bowl 6525 Lyndale Ave. N. Berean Evangelical Free Church 6625 Humboldt Ave. N. Bosa Donuts 1912 75th Ave. N. Brookdale Cinema 5801 John Martin Drive B. C. American Legion Post #630 4307 70th Ave. N. B. C. American Little League 60th & Xerxes Ave. N. Brooklyn Center Service Inc. 6849 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. Denny's Restaurant 3901 Lakebreeze Ave. N. Donaldso n s Brookdale Center Donut Delight 6838 Humboldt Ave. N. Duke's Standard 6501 Humboldt Ave. N. 4 -7 -86 _ _ 1 Kim Fung 5704 Morgan Ave. N. Highway 100 N. France Racquet Club 4001 Lakebreeze Ave. N. K -Mart 5930 Earle Brown Dr. Little Brooklyn 6219 Brooklyn Blvd. Los Primos Brookdale Center Lynbrook Bowl 6357 N. Lilac Dr. Marc's Big Boy 5440 Brooklyn Blvd. Munch Box Snack Service 6840 -20 Shingle Cr. Pkwy. Nutrition World Brookdale Center 1 Potato 2 Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. Showbiz Pizza 5939 John Martin Dr. GARBAGE HAULERS LICENSE Waste Management - Blaine 10050 Naples St. NE MECHANICAL SYSTEMS LICENSE Air Conditioning Associates, Inc. 689 Pierce Butler Rte. All Season Comfort, Inc. 55 Mound Ave. N. Alta Mechanical & Electrical P.O. Box 545 Binder & Sons, Inc. 120 E. Butler Ave. Cherokee Refrigeration 285 W. George St. H. Conrad Manufacaturing Co. 509 1st Ave. NE Ditter, Inc. 3570 Kilkenny Lane Louis DeGidio, Inc. 6501 Cedar Ave. S. Dependable Heating & Air Cond. 2619 Coon Rapids Blvd. L.S.V. Metals, Inc. 6800 Shingle Cr. Pkwy. Thompson Air Conditioning 5115 Hanson Court Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE DEALERSHIP LICENSE Iten Chevrolet 6701 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Lutheran Church of the Master 1200 69th Ave. N. Five Star Vending 15034 Fillmore St. NE Hawatha Rubber 1700 67th Ave. N. Viking Gym 6504 Shingle Cr. Pkwy. PERISHABLE VENDING MACHINE LICENSE Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber 1700 67th Ave. N. Norcraft, Inc. Rte. 1 Box 222 Brooklyn Center High School 6500 Humboldt Ave. N. SIGNHANGERS LICENSE Poblocki & Sons, Inc. 620 S. lst St. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Waldrum Sign Company 530 E. Pioneer Dr. SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. N. Brookdale Ten Apartments 53rd & Highway 100 4 -7 -86 -2- Brookwood Estates 6201 N. Lilac Dr. Columbus Village Apts. 507 70th Ave. N. Evergreen Park Apts. 7200 Camden Ave. N. Four Court Apts. 2836 Northway Dr. Garden City Court Apts. 3407 65th Ave. N. Hi Crest Apts. 1300 67th Ave. N. Holiday Inn 1501 Freeway Blvd. Marvin Garden Townhouses 68th & Orchard Ave. N. Moorwood Townhouses 5809 Lake Curve Lane North France Racquet Club 4001 Lakebreeze Ave. N. North Lyn Apts. 6511 Humboldt Ave. N. Northbrook Apts. 1302 69th Ave. N. TAXI CAB LICENSE Yellow Suburban 127 lst Ave. N. The motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract for Improvement Project Nos. 1985 -27 and 1986 -07 (Contract 1986 -G). He noted that this item had been tabled at the last Council meeting to allow staff more time to further review the bids. RESOLUTION NO. 86 -50 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR IMPROVEMENT PROJECT NOS. 1985 -27 AND 1986 -07 (CONTRACT 1986 -G) 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 Approving Limited Use Permit from the Minnesota Department of Transportation for Use of Properties at Centerbrook Golf Course. He stated that it was staff's recommendation that this item be tabled indefinitely. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table the Resolution Approving Limited Use Permit from the Minnesota Department of Transportation for Use of Properties at Centerbrook Golf Course. The motion passed unanimously. The City Manager presented a Resolution Declaring Cost to be Assessed and Providing for a Hearing on Proposed Assessment for Nuisance and Hazard Abatement at 5800 Drew Avenue North. He stated that this resolution certifies the costs incurred relating to the removal of a hedge which was in violation of the City ordinance relating to site distance at intersections, and provides for the conduct of a hearing related to the special assessment. Mayor Nyquist asked why the City would not be recovering the attorney's fees. The City Manager stated that this was a unique case and that it was the staff's recommendation to only assess the total noted. Councilmember Scott asked if the hedge had merely been trimmed or totally removed. The City Manager stated that the hedge had been totally removed. Councilmember Lhotka asked if this action would set a precedent for future assessments. The City Manager stated 4 -7 -86 -3- Councilmember Scott stated that she agrees with this proposal. She added that the financial crunch will be back with the City within the next year, and she did not feel it would be fair to eliminate nine months of retirees from this program. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to table the Resolution Establishing Employee Retirement Incentive Program for six months. The City Manager stated that staff would prefer the Council to approve or deny the resolution. He added that if the Council is not interested in this proposal as a permanent program, then the resolution should be denied. Councilmember Hawes stated that he would like to change his motion to table the resolution for 30 days, because he was not prepared to make a decision this evening. Councilmember Lhotka stated he would like to withdraw his second for the motion. Upon vote being taken on the foregoing motion to approve the Resolution Establishing Employee Retirement Incentive Program, the following voted in favor thereof: Mayor Nyquist and Councilmember Scott; and the following voted against the same: Councilmember Hawes, Theis, and Lhotka. The motion failed. The City Manager stated that staff would like to withdraw the Resolution Authorizing the Participation in any Retirement Incentive Program Adopted by the City Council in 1986 to those Employees who Retire in 1986 Prior to the Adoption of a Program. PRIVATE KENNEL LICENSE The City Manager stated that there is a public hearing scheduled for 7 :30 p.m . this evening on an application for a private kennel license from James Zimmer, 5729 Bryant Avenue North. Councilmember Theis asked how this application had come to the City's attention. The City Manager stated that the applicant had contacted City staff and that private kennel license applications do not always arise from a complaint. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license application from James Zimmer, 5729 Bryant Avenue North. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Barbara Evertz, 5732 Bryant Avenue North, who stated that the dogs do howl, and she doesn't understand why other neighbors are not here. Councilmember Hawes stated that if the application were denied the applicant would still be allowed to keep two dogs, and would the absence of one dog make a great difference. Ms. Evertz stated she thought the absence of one dog would help. Councilmember Theis asked if there was any section in the noise abatement ordinance which would cover this type of problem. The City Manager stated that the noise abatement ordinance would cover this type of problem but that it is hard to enforce. Mayor Nyquist recognized Mr. Ken Blake, 5713 Bryant Avenue North, who stated that he and his wife would have no problem with the dogs howling during the daytime hours, but they would certainly object to the howling at night. He 40 4 -7 -86 -6- added that he felt Mr. Zimmer has the right to keep three dogs. Councilmember Scott stated that the applicant noted in his application that the dogs are brought into the house every night. Another resident asked how many dogs are allowed under the ordinance. The City Manager stated that the applicant has applied for a private kennel license for a maximum number of three dogs. Mr. James Zimmer, the applicant, stated that he had just recently moved to Brooklyn Center and that he only intends to live in Brooklyn Center for one to two years. He stated that he does not believe his dogs howl that often because he has not heard any complaints from his neighbors. He added that if the dogs are a problem he would encourage his neighbors to talk to him, and that he would try to solve the problems. The City Attorney asked where the dogs were kept when the owner is away from the home. Mr. Zimmer stated that the dogs are kept outside during normal working hours and that in the evening if he is gone for short periods of time, the dogs would be left in the house. He added that 95% of the time the dogs are in the house between 7:00 and 8 :00 p.m. and until 7:15 a.m. Councilmember Scott stated that she had walked up to the applicant's home while the dogs were outside. She noted that the dogs did bark but that they did not create a nuisance. Councilmember Theis asked if the Council is allowed to place conditions or restrictions on the application. The City Manager stated that conditions or restrictions are allowed as long as they are reasonable. Councilmember Theis stated that he would hate to put restrictions on the applicant that would dictate for three years, considering the fact that the applicant and the surrounding neighbors have not experienced a spring and summer together yet. Mayor Nyquist inquired if there was anyone else present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on a private kennel license from James Zimmer, 5729 Bryant Avenue North. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the application for a private kennel license at 5729 Bryant Avenue North for the period of one year, at which time the application would come back for Council review. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. He explained this ordinance was first read on March 10, 1986, published in the City's official newspaper on March 20, 1986, and it is recommended for a second reading this evening. He noted this item requires a 4/5 vote by the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. He inquired if there is 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 b Councilmember ncilmember Theis and seconded by Councilmember Hawes 4 -7 -86 -7- to close the public hearing on An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. ORDINANCE NO. 86 -04 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING RUMMAGE SALE SIGNS AND CERTAIN REAL ESTATE SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed. Councilmember Lhotka voted against the motion. Councilmember Lhotka stated he agreed with the ordinance amendment except for the portion regarding balloons, banners, pennants, and streamers. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1986 General Fund Budget. He noted that this item relates to the installation costs for the civil defense sirens, and went on to explain that when NSP had given the City an estimate they had quoted a price for single phase service. However, he noted some of the sirens that were installed required three phase service which was more expensive. Councilmember Lhotka asked if this was a one time expense. The City Manager responded affirmatively. RESOLUTION NO. 86 -55 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET 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 Approving Proposed Program for Year XII Urban Hennepin County Community Development Block Grant Funds and Authorizing its Submittal. The City Manager stated that Barb Jensen from the Community Development Block Grant Committee was here this evening to make the committee's recommendation. Ms. Jensen came forward and stated that it was the committee's recommendation that 154 961 be allocated llocated to the Housin g Grant Program, and that $14,255 be allocated to the Contingency Fund. RESOLUTION NO. 86 -56 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL 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 Authorizing the Mayor and City Manager to Enter into a Joint Powers Agreement to Form a Coalition of Metropolitan Communities. He stated that this item pertains to the Northwest Mayor's group. 4 -7 -86 -8- I RESOLUTION NO. 86 -57 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMUNITIES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed. Mayor Nyquist voted against the motion. RECESS The Brooklyn Center City Council recessed at 8:08 p.m. and reconvened at 8 :24 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86009 SUBMITTED BY DR. JOHN B. LESCAULT REQUESTING AN APPEAL FROM AN ACTION BY THE CITY IN 1984 TO RECLASSIFY THE CHIROPRACTOR'S OFFICE IN THE HOME AT 6142 BROOKLYN BOULEVARD AS A SPECIAL HOME OCCUPATION RATHER THAN A PERMITTED HOME OCCUPATION The City Manager explained this application was discussed at the Planning Commission's February 27, 1986 meeting at which time the commission directed staff to return with a resolution denying the appeal. The Director of Planning & Inspection reviewed the history of this application and the Planning Commission information sheet prepared for this application. He went on to review the resolution which was adopted by the Planning Commission at its March 27, 1986 meeting and noted that staff recommends adoption of the resolution by the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 86009. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Dr. John B. Lescault, the applicant, who stated that he should be given the opportunity to exercise his rights. He stated that he felt the term secondary and incidental should be more clearly defined. He added that traffic generation figures should not be considered when approving a home occupation. The Director of Planning & Inspection stated that he would like to clarify a point about the traffic figures. He stated that neither the Planning Commission or City staff is concerned about the traffic on Brooklyn Boulevard but the onsite traffic generation. He noted that one of the distinctions bet weep ermined p home occupations ations p and special home occupations is that permitted home occupations generally do not draw much traffic to the home. Dr. Lescault stated that he has tried to refinance his home and that the mortgage companies have turned him down because they view his property as commercial property. The Director of Planning & Inspection stated that the question is not a matter of rezoning or changing the use of property. Councilmember Scott asked the applicant if he felt his business did not qualify for a special home occupation permit. Dr. Lescault stated that he would not reply to the question. Councilmember Scott asked the applicant if 4 -7 -86 -9- the court had not remanded him to come back to the City to exhaust his administrative remedies. Dr. Lescault responded affirmatively. Councilmember Scott asked how this issue can be solved if the applicant will not answer the questions. Councilmember Hawes stated that he agrees with the denial of the appeal and added that he feels the issue has nothing to do with traffic generation on Brooklyn Boulevard, but with the zoning of the property as R1 and the restrictions placed on Rl property. Councilmember Lhotka noted that he is generally not the most lenient person in regard to home occupations. He added that he understands the need for home occupations, but that he feels a residential dwelling should be a home and not a business. Mayor Nyquist inquired if there was anyone else in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 86009. The motion passed unanimously. RESOLUTION NO. 86 -58 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DENYING THE APPEAL OF DR. JOHN B. LESCAULT AND AFFIRMING THE ZONING ADMINISTRATOR'S DECISION TO CLASSIFY DR. LESCAULT'S CHIROPRACTIC OFFICE, 6142 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA, AS A SPECIAL HOME OCCUPATION The motion for adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PLANNING COMMISSION APPLICATION NO 86011 SUBMITTED BY ROY HANSEN /LOMBARD PROPERTIES REQUESTING PRELIMINARY SUBDIVISION APPROVAL TO COMBINE INTO A SINGLE PARCEL OF LAND THE THREE VACANT TRACTS (TRACTS D E AND F OF R L S NO. 1572) AT THE NORTHWEST CORNER OF FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY The City Manager noted this item was recommended for approval by the Planning Commission at its March 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages two and three of the March 27, 1986 Planning Commission minutes and the informational sheet on Application No. 86011 attached with those minutes. He proceeded to review the application and noted that the area is approximately 5.8 acres. He added that it is Lombard's intention to pursue an office building of four, five, or six stories. The Director of Planning & Inspection stated that the Planning Commission had recommended approval of Application No. 86011 subject to three conditions which he reviewed for the Council. Councilmember Hawes asked if the setbacks for private roads were the same as the setbacks for public roads. The Director of Planning & Inspection stated that the roadway would not meet the standards for a public road. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86011 submitted by Roy Hansen /Lombard Properties requesting preliminary subdivision approval to combine into a 4 -7 -86 -10- single parcel of land the three vacant tracts (tracts D, E, and F of R.L.S. No. 1572) at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 86011 submitted by Roy Hansen /Lombard Properties. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86011 submitted by Roy Hansen /Lombard Properties requesting preliminary subdivision approval to combine into a single parcel of land the three vacant tracts (tracts D, E, and F of R.L.S. No.1572) at the northwest corner of Freeway Boulevard and Shingle Creek Parkway, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary R.L.S. shall be modified to indicate the following: a) Land area, zoning and proposed use of the property and such other information deemed appropriate by the City Engineer. b) An easement agreement over the northerly portion of the property for the private access road, a 15' greenstrip adjacent to the access road, and a 25' building setback from the road, shall be provided prior to filing of the subdivision at the County. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 86013 SUBMITTED BY STEPHEN COOK REQUESTING PRELIMINARY PLAT AND SITE PLAN APPROVAL FOR A TWO FAMILY LOT ON THE 5300 BLOCK OF RUSSELL AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its March 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages three through five of the March 27, 1986 Planning Commission minutes and the informational sheet on Application No. 86013 attached with those minutes. He proceeded to review the application and noted that each unit in the double bungalow would be 28' wide rather than 26' as indicated on the plan. He noted that the revised plan still exceeds the setback requirements of the City ordinance. He added that the applicant intended to install separate sewer and water services for each unit. The Director of Planning & Inspection stated that the Planning Commission had recommended approval of Planning Commission Application No. 86013 at its March 27, 1986 meeting subject to four conditions which he reviewed for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on 4 -7 -86 -11- Planning Commission Application No. 86013 submitted by Stephen Cook requesting preliminary plat and site plan approval for a two family lot on the 5300 block , of Russell Avenue North. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Lewis Hedlund, 5316,20 Russell Avenue North, who stated he felt the proposed building was disportionately large as compared to the existing duplexes. He added that he would like to request that the duplex be kept in proportion to the other duplexes on the block. Mayor Nyquist recognized Mr. Robert Hansen, 4951 Logan Avenue North, the owner of the property, who explained that he bought the property when the zoning was only single family. He pointed out that doubles are now allowed in this neighborhood. He added that he could not understand why other people who live in double bungalows on the block are complaining about having another double bungalow on the block. Mayor Nyquist then recognized Mr. Stephen Cook, the applicant, who stated that he has been trying to comply with the neighbor's wishes. He added that he felt some of the requests being made by the neighbors were unreasonable. Mayor Nyquist asked if there was anyone else present at the meeting who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 86013 submitted by Stephen Cook. The motion passed unanimously. 0 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 86013 submitted by Stephen Cook requesting preliminary plat and site plan approval for a two family lot on the 5300 block of Russell Avenue North, 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 plat of the property shall receive final approval and be -filed at the County prior to the issuance of building permits. 4. The existing sewer service to the half -lots on the south side of the property (old legal description: North half of Lot 4, Block 2, Robert L. Hansen's First Addition) shall be disconnected at the main prior to the issuance of building permits unless separate sewer systems are provided for the two lots.' The motion passed unanimously. FINAL PLAT APPROVAL COOK ESTATES There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the final plat of the Cook Estates. The motion passed unanimously. 4 -7 -86 -12- PLANNING COMMISSION APPLICATION NO. 86014 SUBMITTED BY BUDGET RENT A CAR (SEARS) REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A CAR RENTAL BUSINESS IN THE SEARS AUTOMOTIVE CENTER AT BROOKDALE The City Manager noted this item was recommended for approval by the Planning Commission at its March 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages five and six of the March 27, 1986 Planning Commission minutes and the informational sheet on Application No. 86014 attached with those minutes. He proceeded to review the application and also showed a transparency of the parking area under the canopy north of the auto center building. The Director of Planning & Inspection stated that a car rental business is a special use allowed in a C2 zone. He added that the Planning Commission recommended approval of Application No. 86014 subject to three conditions which he reviewed for Councilmembers. Councilmember Hawes asked if there had been any thought given to the construction of a wall or fence around the area. The Director of Planning & Inspection stated that this had not been indicated to the Planning Commission. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86014 submitted by Budget Rent a Car (Sears) requesting special use permit approval to conduct a car rental business in the Sears Automotive Center at Brookdale. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Jack Schmitz, a representative of the applicant. Councilmember Hawes stated he would like to ask Mr. Schmitz the same question regarding the wall or fence. Mr. Schmitz stated that at this time there were no plans to put a wall or fence around the area. He stated that Budget Rent a Car operates in six locations throughout the Twin City area, and added that if a problem develops they will have to address the situation. Councilmember Hawes asked the Director of Planning & Inspection if a wall or fence would be permitted. The Director of Planning & Inspection stated that a security fence would be allowed. The City Manager stated that before a fence is erected the City should be allowed to try other ways to solve the problem. Councilmember Lhotka asked if he was correct in saying that there would be 12 cars allowed in the area. Mr. Schmitz stated that it would be a rare instance when there would be 12 cars in the lot. He noted that Budget Rent a Car makes their money with cars on the road not parked in a lot. He noted that usually there would only be three to four cars in the lot. Councilmember Scott asked what the hours of the Budget Rent a Car business would be. Mr. Schmitz replied that Budget Rent a Car would be open from 9:00 a.m. to 7:00 p.m Monday through Friday; 9:00 a.m. to 3 or 4:00 p.m. on Saturday, and possibly 12:00 noon to 3:00 p.m. on Sunday. Mayor Nyquist asked if there was anyone else present at the meeting this evening who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86014 submitted by Budget Rent a Car (Sears). The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember to approve Planning Commission Application No. 86014 submitted by Budget Rent 4 -7 -86 -13- a Car (Sears) requesting special use permit approval to conduct a car rental business in the Sears Automotive Center at Brookdale, subject to the following conditions: 1. The special use permit is subject to applicable codes, ordinances, and regulations g and any violation thereof shall be grounds for revocation. 2. Storage of inventory of cars for rent shall be confined to the area under the canopy. 3. Special use permit approval acknowledges rental and leasing only. No sales of automobiles or other vehicles is acknowledged by this action. The motion passed unanimously. The City Manager noted that the week of April 20 through the 27th is Volunteer Recognition Week. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:48 p.m. City Clerk Mayor 4 -7 -86 -14- CITY 6301 SHINGLE CREEK PARKWAY OF =71 7BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 �r TELEPHONE 561 - 5440 C ENTE R EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: April 18, 1986 RE: Final R.L.S. - Lombard Properties Shingle Creek Parkway and Freeway Boulevard Mr. Roy Hansen of Hansen, Thorp, Pellinen, Olson, Inc., Surveyor for the above - referenced plat has petitioned the City Council to approve the final Registered Land Survey combining into a single parcel of land the three tracts at the Northwest corner of Freeway Boulevard and Shingle Creek Parkway. Conditions placed on the preliminary R.L.S. by the City Council at its April 7, 1986 meeting are as follows: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary R.L.S. shall be modified to indicate the following: a. land area, zoning and proposed use of the property and such other information deemed appropriate by the City Engineer; b. an easement agreement over the Northerly portion of the property for the private access road, a 15 foot greenstrip adjacent to the access road and a 25 foot building setback from:.the road, shall be provided prior to filing of the subdivision at the County. Conditions No. 1 and 2 have been met. Condition No. 3 will be met if the final plat is approved subject to the following conditions: 1. the land area, zoning and proposed use of the property shall be noted on the preliminary R.L.S.; 2. the developer shall execute an easement agreement to provide a 15 foot greenstrip adjacent to the access road on the Northerly line of the plat and a 25 foot building setback from the same road shall be provided prior to filing the R.L.S. with the County. k ectfully submitted, Approved for submittal, r Sy p r Director of Public Works cc: R.L.S. File HRS : j n (Mea.- a.: rr•,va FaaeManf --•c /� 8 4'/5.39 "E' Y b\ � h k ak CL r N �o W ., , _) P W a� � M1,• i_'-ic '� 1 419. R 3�ti co / MEMORANDUM U TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner RE: Performance guarantee DATE: April 17, 1986 The following performance guarantee is recommended for release: 1. Northwest Residence 4408 -69th Avenue North Planning Commission Application No. 83021 Amount of Guarantee: $12,000.00 Letter of Credit Obligor: Northwest Residence The parking lot behind the building has been completely re- constructed and is now bounded by concrete curb and gutter as required by ordinance. The City Engineer has certified that the work fulfills the approved re- paving plan. Recommend total release. Approved y Ronald A. Warren, Director of Planning and Inspection PROCLA MATION DECLARIN APRIL 20 - 27, 1986 AS VOLUNTEER RECO GNITION WEEK WHEREAS, the hard wxork and commitment of volunteers have made our community a better place in which to live; and WHEREAS, volunteerism has fostered the development of a community partnership bringing together the public and private sectors of the City of Brooklyn Center to face community challenges; and WHEREAS, volunteers are a vital resource in our community and have contributed to the health, education, welfare, recreation, environmental and cultural services in the City of Brooklyn Center to enrich the lives of our citizens; and WHEREAS, the spirit of volunteerism has contributed to the City being named as 1986 All- America City; and WHEREAS, the City of Brooklyn Center wishes to thank our volunteers for their dedicated service and generosity of spirit; NOUN, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CEN'T'ER, State of Minnesota do hereby proclaim the week of April 20 through April 27, 1986 to be Volunteer Recognition Week in the City of Brooklyn Center. Date Mayor Seal Attest Clerk if 191-7 4821 Xerxes Avenue North • Minneapolis, MN � 14 E, r INC. Main Office (612) 53 MN WATS 800 - FERTILIZER AND ( ) 442 AGRICULTURAL CHEMICALS OUTSTATE WATS (800) 328- April.9, 1986 Tom Bublitz City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minn. 55430 Re: Explosives permit Dear Tom, This letter is a request for a license renewal in accordance withSection 35 -413.2 of the City Ordinances. We will continue to use the two component compound and agree to the conditions set forth in last years permit. If you have any questions please call me. Sincerely, cc: J. Lindsay MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Patti Page, Administrative Aid DATE: April 17, 1986 !!! SUBJECT: Recommended Conditions Regulating Discharge of Explosives for Howe, Inc. Section 35 -413.2 of the City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at the Howe, Incorporated facility, 4821 Xerxes Avenue North, Brooklyn Center, Minnesota. 1. The permit is issued to Howe, Incorporated, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. Howe, Incorporated shall continue to use a two- component compound, kinestik, or a similar two- component compound. .3. Howe, Incorporated shall comply with all applicable federal, state and local legislation governing the transportation, storage, handling and detonation of explosives. 4. Howe, Incorporated shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to Howe, Incorporated`. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire April 21, 1987. l ol CITY OF BROOKLYN CENTER a PLANNING COMMISSION ` °�` C NEIGHBORHOOD ADVISORY GROUPS 1986 A. NORTHWEST NEIGHBORHOOD - COMMISSIONER AINAS 560 -7805 * Douglas Olson 7001 Quail Avenue North 561 -6968 James Carlson 3609 Violet Avenue North 561 -1065 Louis Terzich 4825 71st Avenue North 561 -8639 Dale Magnuson 4830 71st Avenue North 561 -8533 Greg McGeary 3007 Thurber Road 560 -3019 ** Barbara Sorenson 6901 Toledo Avenue North 561 -4524 B. NORTHEAST NEIGHBORHOOD - COMMISSIONER WALLERSTEDT 560 -2846 * Ron Boman 6419 Dupont Avenue North 561 -4965 Douglas Peter 307 70th Avenue North 566 -8558 Douglas Baker 7216 Bryant Avenue North 561 -5814 Curtis Danielson 7035 Willow Lane 561 -8268 Steve Boone 6712 Bryant Avenue North 560 -8601 ** Ray Haroldson 1207 72nd Avenue North 561 -2092 Roger Scherer 7118 Willow Lane 561 -1719 C. SOUTHWEST NEIGHBORHOOD - COMMISSIONER SANDSTROM 537 -5034 * John Kightlinger 5127 France Avenue North 533 -2762 Charles Gellerman 3853 Oak Street North 537 -4314 John Larson 5107 E. Twin Lake Boulevard 537 -0547 Herb Karsten 5607 Indiana Avenue North 533 -6831 • Yvonne Quady 4725 Twin Lake Avenue North 533 -1229 J. W. Angel 3800 Burquest Lane 537 -9598 ** Clifford Williams 5736 June Avenue North 533 -5977 D. SOUTHEAST NEIGHBORHOOD - COMMISSIONER BERNARDS 560 78658 * Louis Sullivan 2321 55th Avenue North 560 -0135 Everett Lindh 2107 55th Avenue North 560 -0835 Mrs. David Brandvold 6006 Colfax Avenue North 560 -8263 Ben Davidson 5800 Girard Avenue North 561 -5767 June Scofield 5543 Fremont Avenue North 560 -0740 ** Dolores Hastings 5813 Aldrich Avenue North 561 -3956 E. WEST CENTRAL NEIGHBORHOOD - COMMISSIONER MALECKI 535 -1928 * Ron Blake 3812 Janet Lane 535 -1186 Marvin Hintzman 4018 58th Avenue North .533 -9792 Donald Ewert 5931 Halifax Avenue North 537 -5361 Walt Orgas 4419 66th AVenue North 533 -7938 Mary Jo Danielson 6223 Major Avenue North 533 -4424 Patricia Weitzel 4418 66th Avenue North 533 -8364 F. CENTRAL NEIGHBORHOOD - COMMISSIONER NELSON 566 -0449 * Tony Kuefler 5943 Abbott Avenue North '561 -3251 Gordon Gunderson 6507 Chowen Avenue North 561 -1826 Robert Ci1ke 33107 Mumford Road 566 -8583 Harold Uecker 3102 Lawrence Road 561 -1841 Diane Reem 6225 Chowen Avenue North 561 -2690 ** Ronald Turner 2819 Nash Road 561 -3571 * Denotes Chairman ** Denotes Housing CUmmission Members CITY OF BROOKLYN CENTER PLANNING COMMISSION NEIGHBORHOOD ADVISORY GROUPS 1986 A. NORTHWEST NEIGHBORHOOD - COMMISSIONER AINAS 560 -7805 * Douglas Olson 7001 Quail Avenue North 561 -6968 James Carlson 3609 Violet Avenue North 561 -1065 Louis Terzich 4825 71st Avenue North 561 -8639 Dale Magnuson 4830 71st Avenue North 561 -8533 Greg McGeary 3007 Thurber Road 560 -3019 B. NORTHEAST NEIGHBORHOOD - COMMISSIONER WALLERSTEDT 560 -2846 * Ron Boman 6419 Dupont Avenue North 561 -4965 Douglas Peter 307 70th Avenue North 566 -8558 Douglas Baker 7216 Bryant Avenue North 561 -5814 Curtis Danielson 7035 Willow Lane 561 -8268 Steve Boone 6712 Bryant Avenue North 560 -8601 ** Ray Haroldson 1207 72nd Avenue North 561 -2092 Roger Scherer 7118 Willow Lane 561 -1719 C. SOUTHWEST NEIGHBORHOOD - COMMISSIONER SANDSTROM 537 -5034 * John Kightlinger 5127 France Avenue North 533 -2762 Charles Gellerman 3853 Oak Street North 537 -4314 John Larson 5107 E. Twin Lake Boulevard 537 -0547 Herb Karsten 5607 Indiana Avenue North 533 -6831 Yvonne Quady 4725 Twin Lake Avenue North 533 -1229 J. W. Angel 3800 Burquest Lane 537 -9598 ** Clifford Williams 5736 June Avenue North 533 -5977 D. SOUTHEAST NEIGHBORHOOD - COMMISSIONER BERNARDS 560 78658 * Louis Sullivan 2321 55th Avenue North 560 -0135 Everett Lindh 2107 55th Avenue North 560 -0835 Mrs. David Brandvold 6006 Colfax Avenue North 560 -8263 Ben Davidson 5800 Girard AVenue North 561 -5767 June Scofield 5543 Fremont Avenue North 560 -0740 ** Dolores Hastings 5813 Aldrich Avenue North 561 -3956 E. WEST CENTRAL NEIGHBORHOOD - COMMISSIONER MALECKI 535 -1928 * Ron Blake 3812 Janet Lane 535 -1186 Marvin Hintzman 4018 58th Avenue North 533 -9792 Donald Ewert 5931 Halifax Avenue North 537 -5361 Walt Orgas 4419 66th AVenue North 533 -7938 Mary Jo Danielson 6223 Major Avenue North 533 -4424 ** Patricia Weitzel 4418 66th Avenue North 533 -8364 F. CENTRAL NEIGHBORHOOD - COMMISSIONER NELSON 566 -0449 * Tony Kuefler 5943 Abbott Avenue North 561 -3251 Gordon Gunderson 6507 Chowen Avenue North 561 -1826 ** Ronald Turner 2819 Nash Road 561 -3571 *Denotes Chairman * *Denotes Housing Commission Members Member roduced the following resolution int fol g and moved 1 its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR BROOKLYN FARM AREA STORM DRAINAGE IMPROVEMENT PROJECT NO. 1986 -08 (CONTRACT 1986 -I) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1986 -08, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 17th day of April, 1986. Said bids were as follows: Bidder Bid Amount Ryan Construction Company of Minnesota $122,354.55 A.C.G., Inc. 145,873.00 Park Construction Company 152,197.15 0 & P Contracting 157,319.10 Thomas & Sons Construction, Inc. 160,009.50 Lametti & Sons, Inc. 164,440.00 L & G Reibien, Inc. 170,585.00 C/M Barry Construction, Inc. 208,446.25 WHEREAS, it appears that Ryan Construction of Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $122,354.55 with Ryan Construction Company of Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1986 -08 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project No. 1986 -08 is hereby amended according to the following schedule: As Approved As Bid Contract $153,222.00 $122,354.55 Engineering Consultant 6,964.00 6,118.00 City 6,964.00 6,118.00 Administration (1%) 1.393.00 1.224.00 $168,543.00 $135,814.55 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. /9A Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR BROOKLYN FARM AREA STORM DRAINAGE IMPROVEMENT PROJECT NO. 1986 -08 (CONTRACT 1986 -I) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1986 -08, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 17th day of April, 1986. Said bids were as follows: Bidder Bid Amount Ryan Construction Company of Minnesota $122,354.55 A.C.G., Inc. 145,873.00 Park Construction Company 163,117.15 Thomas & Sons Construction, Inc. 163,978.50 0 & P Contracting 164,545.80 Lametti & Sons, Inc. 168,640.00 L & G Reibien, Inc. 176,575.00 Barry Construction, Inc. 216,146.25 WHEREAS, it appears that Ryan Construction of Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $122,354.55 with Ryan Construction Company of Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1986 -08 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project No. 1986 -08 is hereby amended according to the following schedule: As Approved As Bid Contract $153,222.00 $122,354.55 Engineering Consultant 6,964.00 6,118.00 City 6,964.00 6,118.00 Administration (1%) 1,393.00 1.224.00 $168,543.00 $135,814.55 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. /36 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ACQUISITION OF RYAN LAKE TERRACE OUTLOTS WHEREAS, Outlots 1, 2, 3, 4, 5, 6 and 7 of the Ryan Lake Terrace Addition are privately -owned parcels of property which are not developable under the City's Zoning Ordinance; and WHEREAS, acquisition of these outlots by the City and dedication thereof for street purposes will allow access to 47th Avenue from the adjacent properties (i.e. - properties in Registered Land Survey No. 952 and in Registered Land Survey No. 981); and WHEREAS, acquisition of these outlots by the City and dedication thereof for street purposes will serve to clarify questions of benefit relating to special assessments for future public improvements; and WHEREAS, Ryan Lake Partners, a Minnesota General Partnership is the owner of said properties and has offered to sell said properties and has offered to sell said properties to the City of Brooklyn Center for the sum of one dollar ($1.00) and other valuable considerations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. subject to receipt of a City Attorney's opinion of marketable title, the Mayor and City Manager are hereby authorized and directed to acquire fee title to Outlots 1, 2, 3, 4, 5, 6 and 7 of Ryan Lake Terrace Addition at the price of one dollar ($1.00). 2. upon receipt of fee title to said properties, the Mayor and City Manager are hereby authorized and directed to execute an easement providing for the use of said properties as a public street. 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. Y P TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 17, 1986 RE: Ryan Lake Terrace Outlots Attached are copies of letters from Mr. Steven M. Bialick dated December 26, 1985 and March 21, 1986 in which Mr. Bialick offers to dedicate Outlots 1 through 7 of the Ryan Lake Terrace Addition to the City. Also attached is a copy of that plat. Please note that Outlots 1 through 7 constitute a 5 foot width strip of property which lies at the Northerly edge of 47th Avenue North. In my opinion, it is in the City's interest to acquire these outlots for the following reasons: 1. these outlots are not developable under the City's Zoning Ordinance; 2. continued private ownership of these outlots prohibits access to the properties which lie North of these outlots from 47th Avenue; 3. continued private ownership of these outlots would create serious problems in levying special assessments for any future improvements on 47th Avenue - i.e. - it would be difficult to prove benefit to the outlots themselves or to the non - adjoining properties lying to the North; or to prove more than normal one -side benefits to the properties on the South side of 47th Avenue. Accordingly, I recommend that the City accept Mr. Bialick's offer. A resolution for that purpose is attached for consideration by the City Council. Please note Dick Schieffer's letter (attached). R:Itfully submitted, Sy pp Director of Public Works SK : j n� i LeFevere Lefler Kennedy O'Brien & Drawz A Professional %ssodauon 2000 First Bank Place West April 10, 1986 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 T elecopier (612) 333 -0540 Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien John E. Drawz David J. Kennedy Mr. Sy Knapp John B. Dean CITY OF BROOKLYN CENTER Glenn E. Purdue Richard J. Schieffer 6301 Shingle Creek Parkway Charles L. LeFevere Brooklyn Center, Minnesota 55430 Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt RE: Ryan Lake Terrace Out.lots Dayle Nolan Brian F. Rice Dear Sy: John G. Kressel Lorraine S. Clugg .James M. Strommen As I indicated in our telephone conversation .last week, I Id H. Batty have no problem with the proposed resolution in the m P. Jordan J. Erickson above - captioned matter which you provided to me. William R. Skallerud Rodney D. Anderson I will be preparing the deed and also will be preparing a Corrine A. Heine David D. Beaudoin dedication of the outlots to the public for street Paul E. Rasmussen purposes. I will be contacting the Hennepin County Joseph E. Hamilton Recorder's Office to make sure that the document is Steven M. Taller recordable before we bring it before the City Council. As soon as this resolution is approved by the City Council I will contact Mr. Bialick directly for the abstract to the property so that we can do the necessary title work. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ Richard J. Schieffer RJS /kjj - LAW OFFICE OF STEVEN M. BIALICK ATTORNEY AT LAW SUITE 334 WEST PARKDALE PLAZA 1660 SOUTH HIGHWAY 100 MINNEAPOLIS, MINNESOTA 55416 STEVEN M. BIALICK (612) 542 -1927 OF COUNSEL JAY D. GOLDBERG TRISTAM O. HAGE TERRY L. MITCHELL FRIEDRICH A. REEKER March 21, 1986 Mr. Sy Knapp Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Ryan Lake Terrace Outlots Dear Mr. Knapp: Enclosed please find a copy of a letter I sent Mr. Peter Koole on December 26, 1985, a copy of Mr. Koole's response dated December 27, 1985, and a copy of a letter I sent Mr. Koole on January 31, 1986, all relating to the dedication of Outlots 1 to 7 inclusive of Ryan Lake Terrace. When I last talked to Mr. Koole on March 4, 1986, he said that he discussed the dedication with you and that you would be getting back to me within a couple of weeks to discuss the dedication. Please let me know whether the City is willing to accept Outlots 1 to 7, and, if so, the steps which should be taken. Thank you. Sincerely, f ` Vevtn M: Bialick SMB:df 21g Enclosures cc: Mr. Peter M. Koole Mr. Robert H. Levine LAW OFFICE OF STEVEN M. BIALICK ATTORNEY AT LAW SUITE 334 WEST PARKDALE PLAZA 1660 SOUTH HIGHWAY 100 MINNEAPOLIS, MINNESOTA 55416 STEVEN M. BIALICK (612) 542 -1927 OF COUNSEL JAY D. GOLDBERG TRISTAM O. HAGE TERRY L. MITCHELL FRIEDRICH A. REEKER December 26, 1985 Mr. Peter Koole City Assessor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Koole: I represent, and am a general partner in, Ryan Lake Partners, a Minnesota General Partnership. Ryan Lake Partners purchased the apartment building at 3401 -3413 - 47th Avenue North, Brooklyn Center from Cosmopolitan Apartments and Robert A. Zarracina and Kathleen L. Zarracina by Contract for Deed. The property is encumbered by a mortgage in favor of Midwest Federal Savings and Loan Association. The property we purchased consists of two tracts of land. Tract I is legally described as Outlots 1 to 7 inclusive, Ryan Lake Terrace and Tract II is legally described as Outlot 8, Ryan Lake Terrace. The building actually sits on Outlot 8 and, as the enclosed plat map indicates, Outlots 1 through 7 are simply strips of land which run along 47th Avenue North. The total dimensions of Outlots 1 through 7 are approximately 5' x 918 We would be interested in dedicating Outlots 1 to 7 inclusive to the City of Brooklyn Center. The holders of our Contract for Deed are willing to join in such dedication and Midwest i west Federal has agreed to release Outlots 1 through 7 from the mortgage it holds. During our November 8, 1985, telephone conversation, you informed me that you discussed such a dedication with the Director of Public Works and that you believe the City would accept such a dedication. When we talked again on December 23, 1985, you asked me to summarize what we are seeking in a letter and this letter is in response to your request. r ° Mr. Peter Koole December 26, 1985 Page Two Please let me know how the City wishes to proceed in this matter. If you have any questions, please do not hesitate to call. Your assistance is greatly appreciated. Singer Steven M. Bialick SMB:df 23h Enclosure cc: Mr. Jay D. Goldberg Mr. Robert H. Levine S . z ':jj AYR` " l `., ` J,' ''. `';' ,. ✓•3 I ENPESEPJ�' ��'Xj�`��X - -'._ _ ..MM •,� .�•..._ - y � ••r � f - _f'�... _ A _.. (. I P �C UX _? -- r v - -. _ �:. � � � 1 t I l_. • ` a71 1 __...__eC� t G /i{ - 591/2 AVE IN 4 - 1 ( ` T 1 ` � l' ♦ . ...a1 F .1 5.II 1 _' OPEN SPACE � �� a � FRANCEIp .57TH / G _ AV R )�J _ E I I ' i J �— j ;! Z �� r �o �� _ SA k _ _ J J = 4Vf z 56TH AV N NORTH PORT��( Ave N �� 1A -�J 1 ECK ER 'G DR_ JC Y 1 r OPEN �y �` NORTHPORT p It w d C 1 ` G 1 SPACE I\. 1 O x v SCHOOL 1a x o 0 5 10 N 1� LIONS PARK TOWER i TWIN i LAKE l 3 +2. 3R N k -- r� l ( UPPER) a LAKESIDE PA RK��y 5 p I z 1 52ND AVEN. qaK ST v > a 51 ST. AVE. N. 51 ST AVE. N Z. / ( SO O w 3 ; w HAPPY HOLLOW ' 'i U w PARK Y LL Jr f R 4i a a x j D 50TH AVE. N. �) TWIN i' a � � � � � 50TH AVE. N. LAKE t m �P n r (MIDDLE) w W Ryan Lake Terrace a a a Location — 49TH AVEN. LAKE BREEZE AVE. (See Detailed map I II Y w _ Attached) \ W J � D Q J 48TH o' ° 48TH AVE. N. \ f�x MPLS. Y. �r I \ I \ LAKESIDE AVE. � I N ai T BE KE a 47TH IAVE N_ PARK za .._� /- RE H AVE. N. * / -',RYAN LAKE C /TY OF ROBB/NSDAL E 46TH AVE N � x TWIN �i LAKE: LID Ell L M, • R 1092 I . TERRACE .�cw .wo..wrrrow» [l[siarT ssrAtt cro. a ar ter. so '?�f� raHra count - V111a9a of Blro*ktyir Center �- County of Hennepin ` " '�;�• on w in racer! IMI ftj� Gu IvoU E G f. uon MR � � ;, 57E A E G LAVA SJRVpY t:Q S46 " r _ e s .- n. - �� �� p er /- IG51.6S f•» tree ••» nr. sw r,..rr. �y ✓ �r. sr� r t« .., rnr. w tr s 4TTM AVENUE NORTH no ii 0 a l 4 S 6 t tr s / c C Iti I a N O i C, - -- ------------ ' " =i= ----- - - - - -• _ Z 1 i � h t W - - - -- it JENSEht� �L;.•�T:D4 TO ROB VMSOA;E 'KM16MT PARK ADDlT10M I 'THESE PRESEMTS: That Arlie L Johnson os gu�rdi�l , " Arlie "dlle Jctmson, atso krsoem at Aeiie L. ,JoM�s(n �s aP .bs aAE �so'� . SotlowinS deuribed p-" sitrwte in the %eld gyp% E slm� ��► a"eners e I 1 here that 1 %eoe sarveyed and plsOid %w peepe,1 dncri►ad an this *let n RYAN LAKL Ttv3t#4 ; t1eaA lses 1•' of the Southaatt quarter of Sect' M �a ead �a•1tr of Miatir itt Tt� cM•act reprres of said survey. "*I as Ahtanus all c rrec"y st..ww on WA Vk& in hh and dgeas, u/, s follows: BegirrninS al the S",w�tst �eorrser p kg ' H ' RO1 9e ay 11sr suss I the •.aa.aole far y,idanca 4 Puturt stlwvaEs bava been eaerseMY plaexd a. ttw 9rw.rd as sho..w an tali : t1saA 1 EQ., _.V_,� _ :si w e..as r sold .tract• tt,," Morth oloegs � � lira elf ►may Nnas am ee racllT d&t jm ed as said plat; and Thal tt.ers era no vmtA -.4s or VoW highways t. U, dasl9r • ^`� •-- ' ` ` - — saW plat sitar Own as ttgwn thereon. /Se Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING THE METROPOLITAN TRANSIT COMMISSION TO RE- ESTABLISH BUS SERVICE ALONG NEWTON AVENUE NORTH WHEREAS, the Metropolitan Transit Commission, until April 5, 1986, operated Local Bus Route No. 8D along a route which provided bus service to the vicinity of Newton Avenue and 73rd Avenue North; and WHEREAS, said Local Bus Route No. 8D has been rerouted to follow Humboldt Avenue North, thereby requiring all bus patrons living between Palmer Lake and Humboldt Avenue to walk to Humboldt Avenue, with many of these patrons being required to walk distances greater than one -half mile; and WHEREAS, a petition signed by 44 persons living in the affected area has been presented to the City Council, requesting the Council to assist in re- establishing bus service to the Newton Avenue area: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby requests the Metropolitan Transit Commission to re- establish bus service to the Newton Avenue area. 2. The Director of Public Works is hereby authorized and directed to submit a certified copy of this resolution to the Metropolitan Transit Commission, to discuss optional plans with them for re- establishing such service, and to report the results of such discussions to this City Council. 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. TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 17, 1986 RE: Request to Metropolitan Transit Commission to Re- Establish Bus Service Along Newton Avenue Attached hereto is a petition which was received at our office last week. The petition is signed by 44 persons living in the general vicinity of 73rd Avenue and Newton Avenue North. This petition is a result of a change in the routing of Local Bus Route No. 8D which was made by the Metropolitan Transit Commission effective April 5, 1986. Formerly this bus traveled Northbound on Humboldt Avenue into Brooklyn Park then after making a loop within Brooklyn Park returned Southbound on Newton Avenue to 73rd Avenue then East on 73rd Avenue to Humboldt then returned South on Humboldt Avenue. The new routing established effective April 5, 1986 takes the bus Northbound on Humboldt Avenue into Brooklyn Park where a new loop has been established and the return Southbound trip occurs on Humboldt Avenue from Brooklyn Park into Brooklyn Center. The effect of this route change is to require all persons living between Palmer Lake and Humboldt Avenue to walk East to Humboldt Avenue in order to catch the bus. Many patrons living in the Newton Avenue area must now walk considerably more than one half mile in order to catch the bus. Upon receiving notice of this route change, I contacted an MTC representative. He acknowledged that it is normal practice to attempt to provide service to all patrons within one half mile of their residence. He also advised me that the action to change the route was taken at the request of the Brooklyn Park City Council. A subsequent discussion with Brooklyn Park staff confirms this fact. Two reasons were given for the Brooklyn Park action, i.e.: 1. A number of property owners living along Newton Avenue have objected to the noise and nuisance created by the buses on Newton Avenue. 2. This section of Newton Avenue between 73rd Avenue and Brookdale Drive is not a nine ton roadway. Accordingly, continued use of this street would result in damage to and deterioration of the street. While it is apparent that Brooklyn Park's position is firm, it is also apparent that this change has resulted in serious inconvenience to many Brooklyn Center and Brooklyn Park residents. April 17, 1986 is Page Z Accordingly, the attached petition is admitted for consideration by the City Council. While the petition requests the re- establishment of bus service along Newton Avenue it is not specific as to how this should be accomplished. If the resolution is adopted as proposed I would then submit a copy of the resolution to the Transit Commission and discuss various alternatives for extending service to the affected area with them. After negotiations I would report the results of those negotiations back to the City Council for its consideration. R pectfully submitted, Sy napp Dir ctor of Public Works r SK: jry 1 o N \�Ci \ /x \xa ABBOTT AVE. N. i F- -- __ ���C� D 3300 m M, t -- -- -- 32 320� me ° ti Y a a t ITCX)� < r K `c N r YORK AVE. N. �t;) (� 3100 N9y °v a s ° z �P�pcE A J XERXES AVE.N. K IE n 3000 1 AVE. 1Ci �I 11 - F 4= , gi b �.' :Li K i C PL.N.`h= EEWgy .�° 4 fE WAS HBURN AVE.N. v 2900 . / - 2900 k 4a BLVD. ��' Q Ao oy e F k� M ° n < m _ m a ° S A� K / / 2800 AVE.N. o z m Ia r n S f % - ` % m Q UPTON AVE.N. It �� 2700 z k FF K kn�D_ eq z z _\ k THOMAS AVE N. k y N m D^ I C\1 1 D SHERIDAN AVE N. �i �� K m ft RUSSELL AVE.N. 2500 m k k H p QUEEN AVE.N. z m � K D lo- 2400 �xIrN PENN PENN AVE. N. n k � \`i k ; m DLIVER / �j� xmp - 'SCCX 2300 k\ " < Z i i � /D r oa OLIVER AVE. N. r 2200 NEW ON AV N_ z 2100 NEWTON AVE.N. 3 1 MORGAN m AVE. N. a MORGAN AVE. N. 2000 1` OGAN AVE. N. -- JAMES '900 AVE.N. 900 C 1800 AVE N. CI R _ KNOX AVE o N JAMES AVE. N. < m z f n m o _ O Y -1 O h m x Z JAMES 3 Z m JAMES AV E. (J '�"`� % DRIVE v z ° Z-- 1700 3..A w { m i IRVING n r < n < r $ IRVING AVE-Na m z m Z f soo �y HU 9oL T Z m O � o rr c__ PLA E ... r ' 1 �, AVE N 0 HUMBOLDT HUMBOLDT + HSO0 E. N y y - _.. Iw . HUMBOLDT� -- GIRARD o AVE. N a m ( GIRARD AVE"`" 2 A 1400 m ' = n GIRARD AVE. N �, t GIRAR n m '1 di < a KHAVEo �zl t FREMONT N. FREMON1 z ;rN l =- � � 1300 K y FREMONT2 w Z FREMONT PLACE? 3 Z rn 1, �` _ ^ _- EMERSON -AVE EM S EMERSON AVE. N. 4t 1 r 9 � m 1 ` � z m EMERSON z 1200 z - - DUPONT" n AVE. N. 9 < 1100 DUPONT 1 AV m xm< m - DUPONT = 2 T N COLFAX zz c�� Z Y N A f E. N. Z am �Jv�mk f� mi l o, O n N 1000. \\ COLFAX COLFAX = o m m z ° m Z , � / m BR YANt z ALORIGH GT m m BRYANT AVE. N. k Xx , yxk vi x�x e ��'� �� ��� v ��';� ��� �' r ��� � >��. �� ��� � �� �� ��� � ��� ��, �� ��o2f��� -�� ���- -� � - b- �- �- � -��.�, ,cam .�- �. ,� . Without consulting Brooklyn Center, the Brooklyn Park City Council has demanded that MTC remove the 8D bus from Newton Avenue. Starting April 5, the 8D will no longer run on Newton Ave. Those of us living west of Humboldt and south of 73rd will have to walk to 73rd and Humboldt to catch the bus, a distance of 2 mile or more. This petition is necessary to have the issue taken before the Brooklyn Center City Council for consideration to return bus service to this section of Brooklyn Center. Z� L X19 u.�k on Q. 61Q v� 0 L3 ag-P ;L-14 I J � ✓��� � • ice" �l � � `��� � � ���� "'�� �� 0, j 0- �. - ra, 7 - 7ZZ- 0i-, Nom` '7Ailk ) ©/Y 7,2�31 t�lE � ��1 /VO • or � G� , / "v -- aN/ �� qo2Z- ell ��o�r N NV ! 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MONDAY THRU FRIDAY TO DO WNTO WN FROM DOWNTOW _ _ _ _T DOWNT B'dale 8 COK EGH EHJ EK B J — L M Drive ' BROOKLYN PARK lV Drive Earl 851h Shingle 57th 52nd 61st 52nd 41, 41, 7th 8th 7th JML ML B'dale B'dale 7th 42nd 52nd Biel 52nd 57th Shingle 85th Earl Drive Drive Earl and Brook Brown and Creek Lo- Humb Du- & 4th [In- and and and and Lyn- & 41h Du- Numb Lo. Creek and Brown Brook and and Brook Brow1, e2 ND Ave +, Noble -dale — office Queen Garage gan -oldt pont St. cite Olso Henn. Nic. Ols on dale St. pool - oidl gan Garage Queen Office -dale Noble _ Noble - dale_ Of fice r ZONE - -__._ _ _ ._, _ W W 3 AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM AM PM PM PM 3 420 426 429 -- -- , i5 446 449 502 505 515 524 -- -- 529 W - - - - -_ 426 -- -- 431 -- 4ii 452 503 602 605 615 -- 622 625 631 515 521 524 -- 510 541 544 621 624 634 643 - -- -- -- 656 ' . ........... " 520 -- -- 525 -- 535 5 549 6 638 648 657 .. .. r�rK AvE. 441 74TH AVE N 540 546 549 -- -- 5 55 607 610 652 655 707 -- -- 714 717 -- -- 723 Y; 545 551 554 -- -- 6?0 612 615 709 712 724 735 - -- -- -- 746 s ZONE 539 -- -- -- 553 -- 613 616 619 728 731 743 -- - - 750 753 -- -- 759 525 559 -- -- 604 -- 617 630 633 738 741 753 -- 804 - -- -- 809 60TH AVE. N. 6D2 — k 600 -- -- -- 614 -- 611 640 643 745 748 800 -- 807 81 817 - -- - -- BROOKLYN q EARL BROWN OFF. 617 623 628 -- 631 650 653 752 755 807 -- 818 -- -- 825 CENTER 5TH 62.1 -- -- 629 -- 612 655 658 811 814 825 -- 836 w� AE. N. 626 632 637 -- -- 615 659 702 823 826 837 -- -- 844 '847 856 , SHINGLE CREEK PKWY. .. {—� •'• "'1-9" FARE LIMITS 623 -- -- -- 638 -- 6 706 709 636 839 850 -- 901 -- - -- -- 914 21 DR 31 JOHN MARTIN DR 8 1ST AVE. N. ZONE _ -- 7.0 _ 714 71 7 8 859 9 10 -- ' -- 917 920 -- -- - -- 926 JOHN . — _ _ _. 41 EARL BROWN DR. ,, ,YE. N. 1 641 - - - - -� -- -- 656 -- 709 719 722 912 915 926 -- - 937 - -- -- 942 - °N CO "cos 1'o" 650 656 701 -- -- 710 724 727 934 937 948 -- - -- 955 '958 1007 56TH 5: 708 718 732 735 954 957 1008 1019 - - -- -- -- 1032 BROOKDA IE AVE. N - -• 55TH AVE. N. 707 -- 7,12 736 739 1012 1015 1026 -- -- 1033 1036 -- -- - -- 1042 938 - -- � . RT. s., <♦ . ,� ........ ........ 653 - -- -- 7 0 8 -- 721 731 734 103 1037 104 -- 1059 - -- -- 1104 ND AVE 6 — 6, . - -7- 9 714 723 7 3 3 - 7 31 3 -- 7 1 05 - 4 1057 11 -- 1115 111 1 • -....- -1 -1 8 1 .. 127 ra•l . � 52 -- -- — -- 7D -- -- 08 -- -- s,sT All 708 715 720 -- -- - ,9 743 746 1114 1117 1128 -- 1139 - -- -- -- 1152 701 -- -- -- 716 -- 729 739 742 1134 1137 1148 -- -- 1155 1158 -- -- 717 -- -- 724 729 -- -- 758 752 755 1156 1200 1211 -- 1222 - -- -- 1227 x rATH All .STM AVE N. 7 14 -- - -- 729 -- 744 758 801 PM P PM P M PM PM PM PM PM PM PM PM •. . _._ _ _ 722 -- -- -- 736 -- 750 804 807 1216 1220 1231 -- -- 1238 '1241 1250 wEBBER PKWY 739 -- --- 746 751 -- -- &i0 814 817 1236 1240 1251 -- 102 -- -- -- 115 ! 42ND A VE. 727 -- -- -- 748 753 -- -- 802 812 815 1256 100 111 -- -- 118 121 -- -- --- 127 'Via Earl Brown t d 744 759 -- 813 825 828 116 120 131 -- 142 -- -- 147 807 - -- 814 818 -- -- &5 837 840 136 140 151 -- -- 158 ' 201 210 813 -- -- -- 828 -- 833 851 854 156 200 211 -- 222 - -- -- 236 - BOLD TYPE - EXF 835 842 846 -- -- 853 905 908 216 220 231 -- -- 238 241 -- -- --- 2.17 BOLD TYPE - EXF LowRY 900 -- 911 923 926 231 235 247 -- 258 RTS. T ' " 905 912 916 -- -- 973 935 938 246 250 302 -- - -- 309 312 319 9 19 -- -- -- 934 -- _915 957 1000 _ _ 256 300 312 -- 323 - - -- -- 33 947 -- -- -- 952 956 -- -- 1( 1015- -1018 306 310 322 -- -- 329 333 -- -- -- 339 1007 -- - -{} _'iG"3 1035 1038 315 319 332 -- 346 -- -- 351 MINNEAPOLIS BROADWAY 1023 1032 11 -- 1613 1055 1058 325 329 342 -- -- 351 '355 404 FITS 3.14 1037 -- -- -- 1052 -- 1103 1115 1118 338 342 355 -- 409 rr 1107 -- 1112 1116 -- -- 11'3 11 35 1138 346 350 403 -- - 411 41 -- -- --- 422 ou • 1127 -- -- 1132 -- 1143 1155 1158 357 401 414 -- 428 Rr 2U 5 9:� 1143 1152 1156 -- -- 1213 1215 1218 407 411 424 -- -- 432 437 444 e 1 1157 -- -- -- 1212 -- 17, 1235 1238 413 417 430 -- 444 -- -- -- 458 r OLSON HWY D PM PM PM PM PM PM PM PM PM PH PM PM 421 425 438 -- -- 446 o,EHw000: ,• 'ti i 1227 -- - - 1232 12 36 -- -- 1 243 1 255 1258 428 432 445 -- 459 513 FITS 5, Y 34 r a`" -- 1252 -- 103 - 115 118 433 437 450 -- 504 - NoR7H o��tr ° ?� `, 103 112 116 -- -- 123 135 138 436 440 453 -- -- 501 506 -- -- 511 OS e y s 117 -- -- -- 132 -- 111 155 158 440 444 457 -- 511 -- -- 516 147 -- - -- 152 156 -- 71 215 218 441 445 455 -- -- 503 508 -- -- -- -- 529 21 _ - - 217 -- Z ,. 2 40 243 444 4 458 -- 5 09_ -- -- 5 23 - -- 230 239 243 -- -- 210 302 305 446 450 503 -- -- 511 _- 516 -- -- -- 522 DOWNTOWN ° 242 -- -- -- 256 -- X7 3,70 323 451 455 508 -- 522 -- -- -- 536 MINNEAPOLIS 368 -- -- -- 313 317 -- -- Y4 x.37 340 458 502 515 -- -- 523 528 535 SITE A 327 -- -- 332 -- 312 355 358 504 508 521 -- 535 345 -- -- -- 350 354 -- -- 41 414 417 507 511 521 -- -- 529 534 -- -- -- -- 555 -A - CK EG L MTC INFORMATION AND SERVICES W4 0 EXTRA 8 HL E 52nd 61st 52nd 571 male & 4th Lo- Creek Brook The MTC bus is backed b a full r Du- Humb y range of services includi St. g RIDERS M p ^nl A M IM Garage -d Transit Information Center: Call for information about MTC bus a AM AM AM AM AM AM routes and schedules. Give the operator the street intersection you will 0 - - - -- 624 be starting from, the intersection you wish to go to, the time of desired -- 720 723 departure and arrival and the dayofthe weekyou wish to ride the bus. When retirement comes along, 8 -- --- .822 Dial 827 -7733 from 6 a.m. to I I P.M. on weekdays, 7 a.m. to 11 p.m. on your company carries no Extra - weekendsandholidays. We' llalsogladlysendyouapocketbusschedule riders. Be on your own with - 914 917 924 and brochures about MTC services and programs. 948 unlimited lifetime coverage -- - 1014 1017 1024 Customer Service Center: We know we're not perfect, so give us a through HMO MINNESOTA - - 1048 -- -- 1053 call to share your comments about our service or staff. Dial 349 -7405 TM Monday through Friday 8:30 a.m. to 5 m. or write t0: Me tropo l it an Medicare &More Call -- -- __ 111 7-_ -_ 1121 Y 9 Y p. po' - - - -- 456 -5050 for more information 1148 -- -- 1153 Transit Commission, 560 -6th Avenue North, Minneapolis, Minnesota o - -- 1214 1217 -- 1221 55411 -4398. now. �- PM PM PM PM PM PM Lost and Found: If you leave a possession on the bus dial 349 -7408 ' - -- 1248 -- -- 1253 and our staff will be happy to see if it has turned up. . • -- -- 114 117 -- 121 214 217 - 221 248 314 317 253 321 MTC CONVENIENCE FARES i . e • 348 - -- 353 � t 414 417 - -- 421 Monthly All You Can Ride cards totally eliminate the need for change. -- 448 -- -- 453 For as little as $24.00 a month, this handy card buys 40 rides. Which . - 514 517 -- 521 - 548 meansyou automatically average four free rides a month ifyou commute l y -- _ 614 617 daily. Or more. The more you ride, the more you save. • CommuterTlckets mean 10one-way rides without the hassle ofexact 714 change. Just have your bus driver punch the card. 744 Tokens cost 60C apiece. And they come in rolls, too. 814 � 844 You can purchase Convenience Fares at the MTC Sales and Information - - _ -_ - - - - -- - - - -- Booths- -IDS Crystal Court in downtown Minneapolis and Town Square, -- 914 qt4 street level in St. Paul - -or by mail: Metropolitan Transit Commission, -- -- 1014 560 -6th Avenue North, Minneapolis, Minnesota 55411 A 398. Conven- 1014 ience Fares are available on a selected basis at department and food 111 stores• pharmacies. libraries, banks, schools and employment centers ! - — throughout the metropolitan area. For MTC sales outlet information, k 'A M3 call 827 -7733. 1 1721 i ti` ,i 121 G, "O1 NFM d Day, Independence Day, Labor Day, i i �I dM Minnesota An Affiliate of Blue Cross and Blue Shield of M nn,,soto r <r• 7 r, +, °•'' •h' sa r . ;J,�o t�•::. �.a•J.sA h (S ysr,. ^>, �' , r• - +' ,.., -.. .t 1 rt' .� � >a'[^a . rL `;t� t •. r. C; ?. .cM:�! •'.Yv e + o "� ' ^rt:' . f.; �.e . i• "1 S:•' �.i `�- ^� ,: :. -.. •',�,v. ut. , )...r; .4 r.',..n'. ' .� � w,�1 , ;t , !;7! �. r. ;.'� .i. °(y `�.:R�• . Y^�. r,' t...r F . it ..K' c3 _Yr �; -i ;L.� ". y ,ti ,t 'i t. F "�r 1. 1• �1 f .i. .f :.1 R '� ,r.: ,t. �,Z:i .r1 1. t i�. qh rt t. ;i z y'�1 � t •a'•' tat ±�.. 1;.. ..,7 .S Y!i:��1h • t' f: �a ��. '1. r. r"Yr� ��4'S �' %I l' ,, r., ` ^.r..`f..+ 1 , 'S ^! � r. r.. ) > Y'. :r '�. � , r7, - .+�!.�. .r •�i. , f•:. tf ���'. �. .�i,. 'd:�a ,�. a �• .�:� y' 6. r`m •r `�f,,,.,,. � 1''�� "a, . r 'k��. <6: r . 4p �r, > t r r... ,t: ,: h. ,�''n r .I � 1 :Lr1. ° ' � i- r{ .� . 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'�`•`} 1. _y;.: '.t. r c. rtrn.,r '. ?i�,., �.. ir. . .i., .v`.'4.£aC!�. •T/• ji .� •Y - :.�. , y: . {� ,h. !t .1 � 6 +i 'r. r. i•C,t; ,•�`�.�< ,. %tdt fi! , "> 5' i^:. .. r.tl. {.��f. #' L''i;!K .+ :e,� ''�;. i/ 'i , k.. .,( :y - ; • F..t : r. �.L .�.. ,�+,,'� ,.w:•. ' ^ s � «. S', �:Y -�,r tCt}re !�,'�i4"u r fY .Se :, s. ..� r : f11 t YA r` ^ ,. ','1 ,� • � • .' � :.�' _ ' f � i'- � "r ` � , e ( 1', ,Y t r ; �j isd Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of City property submitted by the City Clerk at the April 21, 1986 City Council meeting is hereby declared surplus property and is hereby authorized for public sale at the annual City auction to be held on April 26, 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 declared duly passed and adopted. i i AUCTION LIST ADDITIONS 636 Walls and ceiling for 30' x 10' walk in cooler 637 Table - folding 8' 638 Table - folding 8' 639 Table - folding 8' 640 Table - folding 8' 641 Table - folding 8' 642 Goalie pads 643 Goalie pads 644 Goalie pads 645 Goalie pads 646 Goalie pads 647 Goalie pads 648 Goalie pads 649 Goalie pads 650 Goalie pads 651 Goalie pads 652 Goalie pads 653 Goalie pads 654 Goalie pads 655 Goalie gloves - pair 656 Goalie gloves - pair 657 Goalie gloves - pair 658 Goalie gloves - pair 659 Goalie gloves - pair 660 Goalie gloves - pair 661 Goalie gloves - pair 662 Goalie gloves - pair 663 Goalie gloves - pair 664 Goalie gloves - pair 665 Goalie gloves - pair 666 Goalie gloves - pair 667 Goalie gloves - pair Member introduced the following resolution is and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEAN E. CHAMPLIN WHEREAS, Jean E. Champlin has served the City of Brooklyn Center in the Department of Finance since June 16, 1958; and WHEREAS, she is retiring on April 30, 1986 after nearly twenty -eight years of public service; and WHEREAS, as Assistant Director of Finance, she helped develop and was responsible for the City's financial systems; and WHEREAS, her accomplishments include the automation of the City's financial, payroll, utility billing, and inventory records; and WHEREAS, her devotion to her tasks and responsibilities as Assistant Director of Finance contributed substantially to the effectiveness of the Department; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the dedicated public service of Jean E. Champlin is recognized and appreciated by the City of Brooklyn Center and that the City wishes her a long and happy retirement. 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. /3F Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FUNK ANIMAL HOSPITAL FOR CARE OF IMPOUNDED ANIMALS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized to enter into an agreement with Funk Animal Hospital, 7805 Jolly Lane, Brooklyn Park, Minnesota for the care of impounded animals from the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the folowing voted against the same: whereupon said resolution was declared duly passed and adopted. 1 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Barbara Pietrzak, Administrative Aid DATE: April 15, 1986 SUBJECT: Contract With Funk Animal. Hospital for 1986 Attached please find two copies of the proposed contract from Funk Animal Hospital for 1986. This agreement is for the impounding of animals under the City's animal control program. We have gone over the proposed contract along with the 1985 contract and find the following changes. There are two changes in charges for 1986. One is the per day boarding charge which is being raised from $4.50 to $4.75 per day. The other is the charge for euthanasia and disposal of unclaimed animals. This charge is going from $9.50 to $10.00 per animal. There are also several wording changes. They have put into the contract that they have the right to give away unclaimed animals upon payment of all fees to the City. This was previously done, but was not in writing. Also, the old contract stated that animals quarantined for bites can be disposed of after the ten day quarantine has expired if they are unclaimed. Previously they had to be kept an additional five days which contributed to some very large bills. It is felt the five days an animal is required to be held for possible claiming can run at the same time as the quarantine. The agreement also puts in writing that if the City requests an animal be held longer, we are then responsible for all additional charges incurred. This, also, has been done in the past but was not in writing. I have discussed the proposed agreement for 1986 with Chief Lindsay and at this time we would recommend acceptance of this agreement. ANIMAL POUND CONTRACT 1986 This Agreement made by and between the CITY OF BROOKLYN CENTER, a municipal corporation, (hereinafter called the City) and the FUNK ANIMAL HOSPITAL, 7508 Jolly Lane, Brooklyn Park, Minnesota, a sole proprietorship, (hereinafter referred to as the Poundkeeper): For and in consideration of the covenants and agreements herein contained, the parties agree as follows: WHEREAS, the City is desirous of contracting with the Poundmaster for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant with the City Ordinance by officials of the City; and WHEREAS, the Poundmaster has and warrants herein that it has good and sufficient facilities to perform said functions adequately and humanely for the City: NOW, THEREFORE, the parties hereto agree as follows: 1. That the Poundmaster shall receive from agents or officials of the City and shall keep, feed, board and shelter all dogs and cats entrusted to the Poundmaster by the City in a humane manner and pursuant to the ordinances of the City and /or any applicable statutes of the State of Minnesota relating to animals. 2. If any dog or cat shall not be reclaimed by the owner within five (5) regular business days, as defined in M.S.A. 35.71, the City shall have no right or interest in such animal and the Poundkeeper may dispose of such animal in a proper and humane manner or in accordance with M.S.A. 35.71, Subdivision 3. In the event the Poundmaster has knowledge of a party other than the owner who is willing to give the animal a new home, the animal may be released upon payment of all fees; unless expressly exempted by the City. The Poundmaster shall, not withstanding the aforesaid, in instances where an animal has bitten a human, keep the animal for the ten (10) day period required under statute for observation purposes to determine whether the animal is diseased. In the event any owner shall make claim to the animal within the period specified aforesaid, the animal shall be released by the Poundmaster upon being provided an executed form for such purpose by the City. If the Poundmaster has received specific instructions to continue to hold the animal for a longer period of time, the City shall be responsible for the continuing charges thereon until the hold has been released by the City. Animal Pound Contract Page 2 1986 In_ the event the animal is delivered to the Poundmaster dead on arrival, the Poundmaster shall dispose of the carcass of said animal. In the event that an animal is disposed of by euthanasia, the Poundmaster shall likewise dispose of the carcass of said animal. 3. The Poundmaster shall keep accurate records of all transactions involving animals he receives that have originated through the City pursuant to this Agreement and shall furnish monthly statements and accounts, including setting forth the disposition of the animals he has received from the City. . 4. The Poundmaster shall at no time receive any fees in connection with the licensing, impounding, board, care, keep or shelter of any animals he receives pursuant to this contract. 5. All charges made pursuant to the obligations of the Poundmaster pursuant to this Agreement shall be paid by the City directly to the Poundmaster after the Poundmaster has billed and furnished the necessary monthly statements to the City. 6. The Poundmaster shall be paid based upon the following fee schedule: a. The City shall pay the Poundmaster $110.00 per month as an administrative fee; b. The Poundmaster shall be paid $4.75 per day for each day or part of a day which the Poundmaster keeps an impounded animal; c. The Poundmaster shall be paid $6.00 for the disposal of the carcasses of each animal that he receives in a dead on arrival condition; $10.60 d. The Poundmaster shall be paid $a-.-&0 for each animal he destroys by euthanasia pursuant to the terms of this Agreement; e. The Poundmaster shall make emergency medical service available after hours at Affiliated Emergency Veterinarian Service on Turners Crossroads in Golden Valley at $45.00 flat rate per call. 7. The Poundmaster shall keep the pound open during regular business hours which shall coincide with the hours of the t- Animal Pound Contract Page 3 1986 City offices. Animals may be discharged to the owner directly at hours other than the above by the Animal Control Officer of the City or his agents. 8. The pound shall be open at all reasonable times for inspection by the City through its agents or employees. 9. The Poundmaster shall be responsible for all damages or harm suffered by the animal under its care and in its custody which may be due to the negligence or deliberate acts of the Poundkeeper. The Poundmaster shall save the City harmless for any damages, costs, actions, or causes of actions, or claims made against the City for any harm, losses, damage or expenses on account of bodily injury, disease or death, and property damage resulting from the Poundmaster's operation. To accomplish this, the Poundmaster shall keep in full force and effect comprehensive general liability insurance in an amount of not less than $100,000.00 for each incident and $300,000.00 for a combination of incidents to safeguard and indemnify the City for any of the occurrences mentioned aforesaid. 10. It is agreed and understood that the Poundmaster shall abide by all the laws of the State of Minnesota and the City of Brooklyn Center and if for some reason said laws become in conflict with each other or the terms of this Agreement, the Poundmaster shall, in writing, notify the City of the said conflict so that this Agreement may be modified to conform with the said laws. 11. This Agreement shall be in full force and effect from and after its execution and for one year following, provided, however, that the same may be terminated by the agreement of the parties hereto or by either party upon giving sixty (60) days written notice of its intention to terminate this Agreement. CITY OF BROOKLYN CENTER: WITNESSES: UNX ANIMAL HOSPITAL: Member introduced the following resolution and X moved its adoption: RESOLUTION NO. RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 1 FOR IMPROVEMENT PROJECT NO. 1985 -27 (CONTRACT 1986 -G) WHEREAS, City Council entered into a contract on April 7, 1986 with Alber Construction, Inc. for the construction of Improvement Project No. 1985 -27 and 1986 -07; and WHEREAS, the City Engineer has determined certain modifications need to be made to the contract to facilitate the construction of the project, said modifications being as follows: Revision to the full- traffic - actuated traffic control signal system at Shingle Creek Parkway and C.S.A.H. 10 in accordance with the plans and specifications for the work; and WHEREAS, the contractor, Alber Construction, has agreed to the prices for the modifications as noted above: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The above modifications to Improvement Project No. 1985 -27 are approved. 2. There is appropriated the sum of $12,344.00 for the additional cost. 3. The appropriation will be financed by M.S.A. Fund Balance No. 2600. Date Mayor ATTEST: Clerk Resolution No. 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. Mn /DOT TP- 02134 -02 (5/83) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 19 86 - G No. 1 SUPPLEMENTAL AGREEMENT Sheet of ntractor Fed. Project ate Project No. Alber Construction Inc. 109- 109 -20 dd e s Location 01 West Medicine Lake Road Shingle Creek Parkway & C.S.A.H. 10 This contract is amended as follows: ° .c "o a 3 "" � Complete the Full Traffic - Actuated Traffic Control Signal System Revision Ewa in accordance with the attached Special Provision for the Lump Sum W Price of $12,344.00. y w O tOr � w a Q O A O y1 N G a 3 a. O 0 m v o p m: . t C Q V N a � � V � O .. V O b d � b v � a . „ 3 � tll w p d .. o A o v o w V V d V N C C y •M O a '4 A O O O 00i A V Q . Pro.No. Acco71D- Organization F.V. Requisition No. Vendor Number Type Terms Source S.Act. Task S. Task Cost, Job or Client Code Amount Suffix Object SEND TYPE OF TRANSACTION a ❑ Entered by A40 A41 mate um er ❑ a a Entered by A44 A45 A46 Date Number APPROVED: Original Contract �e'Gr�rYss�ieYn�r�rl;c➢t�a�ie7n /� I Vine Dated `` I 1 C 1 ty Man 0 Approved by o ect (XiXIXtlfcx Dated 19 Accepted by Contractor Dated Approved as to form and execution Dated 19 District Engineer Dated 19 Assistant Attorney General Approved by Agency Head 1 –STATE AUDITOR (White original) 2– CONTRACTOR (Pink) 3–AGENCY (Goldenrod) I hereby certify that this traffic signal specification was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minn sota. DATE: 07 6 REG. NO: U� Reviewed By: ' U SPECIAL PROVISIONS DIVISION "SS" SS -1 (2565) FULL - TRAFFIC- ACTUATED TRAFFIC CONTROL SIGNAL SYSTEM REVISION The full- traffic - actuated traffic control system revision shall comprise all of the work shown on the respective plan sheet for the system, complete, inplace, and in operation, all in accordance with the 1983 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and all supplements thereto, except as shown and noted in the plans and modified in these Special Provisions. SS -1.1 General Location of poles, handholes, detectors and other components are shown in the plans in their approximate location and will be located exactly in the field by the Engineer. All applicable provisions of the 1984 National Electrical Code shall apply to this project. Construction operations in the proximity of utility properties shall be performed in accordance with the provisions of Mn /DOT 1507, except the first paragraph is hereby deleted and the following substituted therefor: The locations of any existing underground utilities shown on the plans are approximate only. It shall be the contractors own responsibility, prior to commencing work, to secure infor- mation and determine the exact location of any buried utility facilities as may exist, and to conduct his operation in the vicinity of any such facilities in a manner that precludes damage thereto. He agrees to be fully responsible for any and all damages which might be occasioned by his failure to exactly locate and preserve any and all underground utilities. SS -1.2 Mast Arm Signal Pole: Mast arm signal pole 1 shall be removed from its present location and installed on the new foundation as shown in the plans, and located by the Engineer. Moving signal pole 1 can be accomplished as deemed practical by the Contractor provided all equipment removed from the mast arm pole (i.e., mast arm, luminaire, etc.) is reassembled in the original arrangement to the satisfaction of the Engineer. Removing and reinstalling mast arm pole 1 shall be done in accordance with applicable provisions of Mn /DOT 2104 and Mn /DOT 2165.3S. SS - 1 SS -1.3 Mast Arm Pole Foundation: The foundation for relocated mast arm 1 shall be a standard type P100 pole foundation in accordance with Mn /DOT standard plate 8126C. The Contractor shall be responsible for proper anchor rod spacing and fitting, as approved by the Engineer, should the inplace transformer base not conform to the specified detail dimensions. SS -1.4 Concrete for Signal System Concrete for the mast arm pole foundation shall be Grade Y, Mix No. 3Y43. The concrete shall be consolidated by means of portable vibrators and supplmented by hand spading as necessary to insure a smooth, dense surface free of honeycomb, air, or water blisters. Exposed surfaces of all concrete and concrete structures placed for the signal system shall be oil treated in accordance with 2401.3K. SS -1.5 Traffic Signal Control Cables and Conductors All cables and conductors used as part of the revised signal system, except loop detector cables, are inplace and shall be removed, salvaged, stockpiled, and reinstalled in accordance with applicable provisions of Mn /DOT 2401, Mn /DOT 2565.3S and the following: Upon disconnection from the inplace signal system equipment, each cable or conductor shall be pulled by hand from the existing conduit back to inplace handhole 5, coiled, and stored to the satisfaction of the Engineer. The salvaged cables and conductors shall be installed in the new conduit system to loop DL -10 and relocated mast arm 1 as a continuous run without splices. All cable installed in conduit shall be pulled by hand. Not less than 3 feet of slack shall be left in each cable in each handhole, pull box, or pedestal base through which a run of cable passes, except that a minimum of slack cable and conductors for detector loop lead -ins shall be left in the handholes through which they pass to prevent the formation of secondary loops. All labeling of cables and conductors destroyed during removal, storage and reinstallation shall be replaced. Labels shall be installed on cables in handholes if existing labels are not visible. Conductors in saw cuts for detector loops shall be 1/C No. 12 Stranded Cross Linked Polyethylene Type XHHW. The connection between the conductors forming the loop and the inplace 3/C #12 shall be running or Western union type splice, soldered, taped and waterproofed. The Contractor shall make waterproof connections of all conductors in the mast arm base as required to tap the conductors. All conductors reinstalled in mast arm pole 1 shall be connected to the terminal blocks in their original SS - 2 location in order to provide equipment operation identical to the previous signal system. Such taps and connections shall be made with wire nuts, rubber and /or insulating tape and sealing and bonding compound. The waterproofing and sealing of these connections shall be done after system checkout. SS -1.6 Precast Concrete Handholes (Pull Boxes) Precast concrete handholes shall be in accordance with Mn /DOT Standard Plate No. 8117. Concrete covers shall be provided on each handhole. Handholes, as installed, shall set normal, as nearly as practicable, to adjacent groundline slopes. Handholes with concrete covers shall be set approximately 1/2" to 1" above adjacent groundline. All handholes shall be sealed. Openings provided in handholes for conduit entrance shall be patched with concrete to provide a smooth water tight inside wall after the conduit is installed. A bracket, rack, or hook, shall be attached to the inside wall of each handhole or pull box, five inches below the cover seat to provide a cable rack for the slack cable. Perforated strap iron shall not be used for this purpose. If installation conditions permit, a piece of 3/4" diameter rigid steel conduit installed diagonally across the cover seat may be used as the cable support in lieu of the above. Excavation for handholes shall be backfilled as provided there- under. SS -1.7 Conduit Rigid steel conduit shall be rigid metal conduit conforming to the requirements of 3801. Intermediate metal conduit shall not be used in lieu of rigid metal conduit. The first and second paragraphs of 2565.1C3 are hereby deleted from the contract. The second paragraph of 2545.3C is hereby deleted from the contract. Alignment of conduit installed by the jacking method shall be within one foot (1') of the staked alignment provided that such deviation is permissible under the field conditions and shall be within plus or minus six inches (6 ") of the corresponding open cut grade provided that the conduit, as installed, shall drain. All conduits shall be sloped to drain to an open end at a handhole unless the plans call for a conduit run terminating SS - 3 in such manner as to preclude such installation. In such case, a drain "T" shall be provided. Maximum permissible depth of conduit at the handholes shall be 30" as measured from top of handhole to the bottom of the conduit, except as noted in the plans. Trenches for conduit shall be true to line and grade and the trench bottom, prior to placing the conduit, shall be of uniform density throughout the length of a run. Trench bottoms shall be smoothed and compacted as necessary to establish the grade and density. Trenches in bituminous roadways shall be made with a cutting wheel, jack hammer, or similar approved tools.' Edges shall be smooth and vertical. Repair of such trenches shall be as provided under Backfill and under Restoration of Surfaces. Existing conduits to be used inplace shall be cleaned and cut or extended as required. Existing conduits to be abandoned shall be cut and removed to a depth not less than 6" below finished surfacing material. SS -1.8 (3137) Coarse Aggregate for Portland Cement Concrete Coarse aggregate for use in all portland cement concrete shall conform to the requirements of 3137 modified as follows: (A) 3137.2D1 (a) is changed to read: (a) Shale In the fraction retained on the 1/2" sieve 0.2 In the total sample retained on the #4 sieve 0.3 (B) The percentages shown in 3137.2D1 (d) (Total Spall Materials) are changed to read: In the fraction retained on the 1/2" sieve . . . . 0.4 In the total sample retained on the #4 sieve 0.6 (C) 3137.2D1 (e) is changed to read: Soft Particles (exclusive of items a, b, c, and d above) . . . . . . . . . . . . . . . . . . . 1.5 (D) 3137.2D1 (g) is changed to read: Sum of materials listed under items d, a and f above . . . . . . 2.5 . . . . s . . . . . . (for item d, use % in total ample . . . retaine d on . the No. 4 sieve) SS - 4 (E) 3137.2D1 (m) is changed to read: Soundness (Magnesium Sulfate), Loss at 5 cycles for any fraction of the coarse aggregate as used in the work . . . . . . . . . 15.0 Various portions of aggregate from any one source or from two or more sources may be blended to obtain a fraction meeting this requirement providing the loss on each of the portions used does not exceed 15 percent. (F) 3137.2D2 is deleted in its entirety. SS -1.9 Backfill for Signal System Backfill of all excavation for Signal System, including all trenches throughout their entire length, shall be compacted by use of compressed air tampers or approved similar mechanical compaction device as the excavation is filled. Compaction of each layer of backfill shall continue until the density of the backfill is considered by the engineer to be acceptably equal to density of the adjacent undisturbed material at the same elevation. Such compaction shall be complete prior to the restoration of the surface(s). SS -1.10 Restoration of Surfaces for Signal System All surfaces disturbed by the contractor's operations outside the right turn lane work area shall be restored, at the contractor's expense, in accordance with the following: a) When sod is disturbed, whether by trenching, storage of excavated or other material, or by any operation of the contractor, such sod shall be removed and replaced with new sod meeting the requirements of 3878. New sod shall be placed on not less than `3" of topsoil. The sod shall be maintained in accordance with 2575.3H. SS -1.11 Detector Loops Detector loops shall be installed in saw cuts in the pavement in accordance with Standard Plate 8130 except as may be modified in the plans or herein. Loop conductors shall be 1/C No. 12 Stranded Crosslinked Polyethylene Type XHHW. Loops shall be formed with the number of turns recommended by the manufacturer -of the detector unit, with three (3) turns a minimum. Loop lead -out wires shall be twisted not less than one turn per foot, and taped to remain a close fitting pair. One inch rigid steel conduit and bushings shall be provided from face of curb or front edge of gutter into the adjacent handhole to form the wireway for the twisted loop leads. Loop connections and lead -in cable shall be as specified in Signal Control Cables and Conductors of these Special Provisions. SS - 5 Loop conductors shall be installed in saw cuts to point of entrance into the rigid steel access conduit. �■�" Loop conductors shall not be placed in pavement joints, or run off of the end of slab, and shall not cross from (to) bituminous pavement to (from) portland cement concrete pavements. Layout of the loops shall be such as to cross the minimum number of joints, cracks, or pavement edges. Positioning of the loops and lead -ins shall be field adjusted to be consistent with the above requirements. Insulation resistance of each loop to ground shall be not less than 200 megohms. Joint sleeve installation shall be made with 1/2" rigid plastic conduit in lieu of the 3/4" rigid plastic conduit shown in the standard plate. Not less than 1" cover shall be provided over the joint sleeve. Loop detector saw cuts in concrete pavement shall be filled with an epoxy material or 3M Loop Sealant Compound as approved by and to the satisfaction of the engineer. Saw cuts in bituminous pavement shall be filled with an asphaltic roofing cement, or cold pour asphaltic joint sealer as approved by and to the satisfaction of the engineer. If spalling or settlement of the fill material occurs, the saw cuts shall be refilled to completely seal the void. Asphaltic roofing cement shall be "Leek- Proof" as manufactured by Leek - Proof, Inc., Chicago, Illinois; "Black Jack Roof Cement" as manufactured by Handi- Products, Cleveland, Ohio; "E -Z Stick Shingle Seal" as manufactured by Handi - Products, Cleveland, Ohio; or an approved equal. Epoxy shall be one of the following or an approved equal: Product Manufacturer 1. Sikadur 35 Hi Mod LV Sika Chemical Co. 2. Resiweld BC -098 H. B. Fuller Co. 3. Resiweld BC -062 (Grey) H. B. Fuller Co. 4. Resiweld BC -031 (Grey) H. B. Fuller Co. 5. Colma -Sol Sika Chemical Co. 6. Poxy -Kote Concrete Chemical Products Co. 7. Resiweld BC -064 (Black) H. B. Fuller Co. 8. Gold Flex (Grey) Preco SS -1.12 Inplace Signal System - Remove The Contractor shall remove all items of the existing signal system not being reused as shown in the plans, in accordance with the applicable provisions of Mn /DOT 2104 and Mn /DOT 2565.3S, and the following: SS - 6 All components of the e inplace signal system not shown on the revision plan sheet shall remain intact and will be i ut lize d 0 inplace as part of the revised signal system. Underground conduit not used in the new permanent signal system may be abandoned in place, unless otherwise shown in the plans or directed by the Engineer to be removed. The concrete foundations, handholes, conduit and other items, deemed nonsalvageable by the Engineer, of the existing signal system not used in the new permanent signal system shall be removed and disposed of outside the right -of -way in any manner that the Contractor may elect subject to the provisons of Mn /DOT 2104.3C3. All resulting excavation shall be backfilled and the back - filling and compaction shall be like in kind to the same density as the adjoining ground. Any roadway surfacing (concrete pavement, bituminous surface, or gravel surface, including underlying base courses), sidewalks, curb and gutters, sod, etc., removed by these operations shall be replaced in kind by the Contractor, all at his own expense. Copies of the installation plans for the inplace traffic signal are available at the office of the Engineer. All removals of materials of the existing or temporary signal system and salvaging as required, the disposal of non - salvageable materials, and backfilling, all in accordance with the foregoing, shall be incidental work and no direct compen- sation will be made therefor. SS -1.13 Measurement and Payment Furnishing and installing materials and electrical equipment, to provide a complete operating traffic control signal system at the intersection of Shingle Creek Parkway and County Road 10 in the City of Brooklyn Center, Minnesota will be measured and paid for as a lump sum (signal system) for Item 2565.511 (Full Traffic Actuated Traffic Control Signal System Revision). SS - 7 TRAFFIC SIGNAL TURN -OFF The Contractor will be allowed to turn off the inplace signal system for the purpose of removing and installing mast arm pole 1 and loop detector DL -10. Shut down of the traffic signal system shall be approved in advance by the Engineer and conform to the following: A. Unless otherwise provided for, the signal system may be turned off between the hours of 8:00 a.m. to 3:00 p.m., on any weekday. The City reserves the right to lengthen, shorten or otherwise modify this time period in order to safely provide for traffic. B. Advance warning of signal work and traffic control through the work area will be provided by the Contractor as approved by the Engineer. All signs, barricades, cones, flashers and other warning equipment shall be used and maintained in accordance with the Minnesota Manual on Uniform Traffic Control Devices. Warning sign panels shall be in accordance with the Standard Signs Manual. C. During the time the signal is turned off, the Contractor shall furnish and install 4 -way stop sign control (2 per direction) and advance warning signs. In addition, at least two (2) qualified flag persons shall be provided by the Contractor, to control traffic, in conformance with the provisions set forth in Chapter 6E of the Minnesota Manual of Uniform Traffic Control Devices and as modified herein: Flag persons, while on duty, shall wear a fluorescent orange hard hat and vest. The vest shall be reflectorized if worn at night. Flag persons shall be fully clothed when on duty; short or blouse, slacks or trousers, and sturdy shoes. D. Flag persons shall use an approved "Stop -Slow" paddle or standard when directing traffic. E. Signal turn off will not be permitted during inclement weather nor any other time when, in the opinion of the Engineer, the operation will pose a hazard to traffic. F. Signal turn off by the Contractor, and associated traffic control measures shall be incidental work and no direct compen- sation will be made therefor. /3N Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR EARLE BROWN FARM TAX INCREMENT DISTRICT PHASE I STREETSCAPE IMPROVEMENT PROJECT NO 1986 -09 CONTRACT 1986 -H WHEREAS, the City of Brooklyn Center is developing the Earle Brown Farm Tax Increment District; and I WHEREAS, the adopted plan for that Tax Increment District provides for certain Streetscape Improvements; and WHEREAS, the City Engineer has developed plans and specifications for the construction of Phase I of those improvements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: EARLE BROWN FARM TAX INCREMENT DISTRICT, PHASE I STREETSCAPE IMPROVEMENT PROJECT NO. 1986 -09 2. The plans and specifications for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 3. The City Clerk shall prepare and cause to be inserted at least once 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 appear not less than fourteen (14) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on May 15, 1986, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council within the time period established by the specifications for consideration of bids. 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 amount of such bid. 4. Funding for this improvement project shall be provided by the Brooklyn Center Housing and Redevelopment Commission from the Tax Imcrement District. The City Manager is hereby authorized and directed to prepare an agreement for this purpose between the City of Brooklyn Center and the Brooklyn Center Housing and Redevelopment Commission. 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 :BBROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER EMERGENCY - POLICE - FIRE 911 ENGINEER'S REPORT EARLE BROWN FARM TAR INCREMENT DISTRICT STREETSCAPE, PHASE I IMPROVEMENT PROJECT NO. 1986 -09 INTRODUCTION The City of Brooklyn Center and its Housing and Redevelopment Authority have proposed to make streetscape improvements in the vicinity of the historic Earle Brown Farm. Some of these improvements are on and adjacent to the Shingle Creek Center where the proposed Target Store is located. BACKGROUND A Tax Increment District was formed for the purpose of enhancing the area in and around the historic Earle Brown Farm by making streetscape improvements. The streetscape improvements consist of special paving, retaining walls, landscaping, lighting, new sidewalk and directional signage to the farm. A part of the project area is under construction now with the development of Shingle Creek Center located between Summit Drive and John Martin Drive East of Shingle Creek Parkway. Some of the mandatory landscaping required for that site can be incorporated in the proposed streetscape by completing certain elements of the streetscape work now. Those elements include special paving and retaining walls that create landscape nodes that are the foundation of the streetscape improvements. There are six of these landscape nodes on the Shingle Creek Center site. The map in Appendix A illustrates the location of the proposed work. FUNDING All of the work proposed under Project No. 1986 -09 is funded by the Tax Increment District. The estimated cost of the proposed work is summarized below. A detailed estimate of the work is in Appendix B. PROJECT ESTIMATE CONSTRUCTION COST $ 53,300 CONTINGENCY (10 %) 5.330 SUBTOTAL $ 58,630 ENGINEERING COST (9%) $ 5,280 ADMINISTRATIVE COST (1%) 590 TOTAL $ 64,500 Engineer's Report - Project No. 1986 -09 Page 2 CONCLUSIONS The work proposed under Phase I will complete the elements of the streetscape improvements that would be most disruptive if delayed until after completion of the Shingle Creek Center. The balance of the work can be completed without interfering with access to the Shingle Creek Center site. It is recommended that that work be accomplished under a separate project later this year. All of the proposed work would be funded by the Earle Brown Farm Area Tax Increment District. The project is feasible and is recommended for construction as proposed. I hereby certify that this plan, specification, or report was prepared by me or under nnv ir'ct supervision and 'ihat i 'c'm a aiy gi ;i cd Professional Engina r nder the is of the Q �'Le of INainnesota. Date � Rdti fration No. 13689 APPENDIX A- 1 � 0 • f " T.l MCx(r/xT eaTwer Sawieun ComuuwTT C04M i uL BAOWL Flow ll�My i i DE/ENTRY ' ' oPnoMA xa— 0 1 RgSWOM NODE ENTRANCE NODES mo.os&D CORE BLOCK SIO " NODE 'a NODE /ENTRY c• ° NODE/ENTRY I. Al. L slTx A.L L . xrw�nt w / \) ENTRY : e z ENTRY � 2" 's CS.x 11TM .YL L� Tll N1GIW01T 04TxKT 101xgYt Z i O • i ,OO 1� !x1 r 011 gxtrnm6 SIM WALK FKprplm 30"ALK PROJcCT 1486-09 FUTURE CONSTRUCTION O wrc wwH !twee � . Aer. 0,r TAX INCREMENT DISTRICT STUDY ='�° c W4 CITY BROOKLYN CENTER. MIS i . t ! -- - `--may _ PERSPECTIVE CORNER NOD z f �p� 1 APPENDIX A-3 rx fri { z r ° BERM S PLANTING m -- k A �� e ' 45•T { - - -- I 0 WJ..!_'_ L tME11 t EX15T. SWK. SAWCUT \ I i JOHN MARTIN DRIVE SHINGLE CREEK PARKWAY •• ', 847 849 6' 849 - — -�� -- -- � eso — m 45•TY `— / Y y / BSI �. C / / •; ( � y 850 -- - 1. _ b // -- -- 849— r r c ol APPENDIX B Proj. No. S / City of Brooklyn Center Sheet /_ of Sheets. 6301 Shingle Creek Parkway Cost Estimate Brooklyn Center, Minn. 55430 Date Calc. By Date Checked By ITEM UNIT NO. ITEM QUANTITY UNIT PRICE AMOUNT rLt�e Zoo .3 DO n i Subtotal _ Engineering & Contingencies Total Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING RETIREMENT HEALTH INSURANCE PROGRAM WHEREAS, it is in the best interest of the City of Brooklyn Center that retiring employees have available to them at their option a quality health insurance program; and WHEREAS, the City's employee health insurance coverage requires the City to contribute at least the amount of single coverage for a retired employee to continue eligibility for coverage under the group plan. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Brooklyn Center establish a Retirement Health I . Insurance Program m with the g following provisions: g P 1. Qualified employees shall have the option of retaining membership in the City of Brooklyn Center's employee health insurance plan for which the City will pay the single person premium until such time as the retiree is eligible for Medicare coverage or at age sixty -five (65), whichever is sooner. If the retiree desires to continue family coverage, the additional cost for family coverage shall be paid monthly by the retiree to the City of Brooklyn Center. 2. To qualify under this program, an employee, on the day of his /her retirement, must meet eligibility requirements for a full retirement annuity under PERA or PERA Police without reduction of benefits because of age. In addition, to be eligible for this program an employee must have been employed by the City of Brooklyn Center for the last ten (10) consecutive years prior to the effective date of his /her retirement. Employees participate in this program on a voluntary basis. 3. The City Manager is authorized to administer the Retirement Health Insurance Program and to fund this program from the City of Brooklyn Center's Employees' Y Retirement Fund until such funds are depleted, at which time the program will be funded from the General Fund. 4. The provisions of this resolution shall expire on December 31, 1990 unless extended by the City Council prior to that date. RESOLUTION NO. Date Mayor ATTEST: 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. M & C No. 86 -07 April 18, 1986 FROM THE OFFICE OF THE CITY MANAGER Subject: Retirement Severance Health Insurance Program To the Honorable Mayor and City Council: The proposed resolution calls for the adoption of a program which will allow retiring employees to have health insurance available to them at a reasonable cost. Our health plans and those of most private industry and public agencies call for employer participation to retain retiree eligibility. Brooklyn Center's plan is no exception. To provide this eligibility we are recommending the City pay the single insurance premium for retirees leaving in good standing and having 10 years of service. This is the minimum contribution which will allow employees to have eligibility for health insurance programs. This is not a retirement incentive program as proposed previously (see attached resolution). An incentive program similar to the one that was rejected by the Council at their last meeting could be adopted as a substitute for this program at a point in time when City Council determines a need to attract or produce an incentive for eligible employees to retire. The program as presented eliminates a disincentive to retirement, but does not provide sufficient benefits to attract people into retirement before they normally would plan to retire. This program is similar to the program currently in effect in Hennepin County, City of Crystal and 80% of private companies according to a recent survey. Respectfully submitted, 10 4 -5i6 Gerald G. Splinter City Manager Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING EMPLOYEE RETIREMENT INCENTIVE PROGRAM WHEREAS, the City established an Employee Retirement Incentive Program m w hich became eca me effective on February 14, 1983 and which expired o xp n December 31, 1985; and WHEREAS, in most cases it is in the best interest of the employer and the employee that an employee retire as soon as he /she is eligible to do so; and WHEREAS, it is in the best interest of the employer to have adequate planning time for replacement or evaluation of the future of vacated positions; and WHEREAS, it is neither in the best interest of the employer or the employee to have an employee remain in a position past his /her retirement eligibility date if physical or mental stress may interfere with job performance; and WHEREAS, current health insurance contracts of the City ( require some City contribution if an employee or a dependent is to remain eligible for benefits under these contracts after retirement to age sixty -five (65). NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Brooklyn Center establish an Employee Retirement Incentive Program with the following provisions: 1. To qualify under this program, an employee, on the day of his /her retirement, must meet eligibility requirements for a full retirement annuity under PERA or PERA Police without reduction of benefits because of age. In addition, to be eligible for this program an employee must have been employed by the City of Brooklyn Center for the last five (5) consecutive years prior to the effective date of his /her retirement. Employees participate in this program on a voluntary basis. 2. To qualify under this program, an employee must submit his /her letter of retirement to the City Manager at least two years prior to the date on which he /she is eligible for retirement. To qualify under this program, an employee must retire on the day of eligibility unless the retirement date is modified under Section Four (4) of this resolution. (Those employees who are qualified and intend to retire prior to March 31, 1988 must submit a letter of retirement to the City Manager before July 1, 1986.) RESOLUTION N0. 3. Once submitted under this ro ram a al' P g qu if ied i employee's letter of retirement cannot be withdrawn or modified by the employee without written approval by the City Manager. _ 4. When the best interests of the City will be enhanced, the City Manager has the authority to extend the retirement date after an employee is qualified for retirement under this program. 5. If retirement eligibility requirements are modified by action of the State of Minnesota and create a conflict for an employee regarding the timing of proper submittal of a letter of retirement, the City Manager may make adjustments of eligibility requirements under this policy. 6. Positions vacated by employees retiring under this program will not be filled without prior City Council approval. 7. Qualified participating employees will be entitled to receive payment of an amount calculated by multiplying the number of months between the date on which the employee retires and the employee's or his /her spouse's sixty -fifth (65) birthday, rounded to the nearest full month, times the dollar amount of the City's maximum monthly contribution for insurance during the year of retirement. The amount shall not exceed 120 times the City's maximum monthly contribution during the year of retirement. This payment is intended to reflect the City's desire to assist the retiring employee in maintaining current levels=of health insurance benefits. 8. The City Manager is authorized to administer the Employee Retirement Incentive Program and to fund this program from the City of Brooklyn Center Employees' Retirement Fund until such funds are depleted, at which time the program will be funded from the General Fund. 9. Benefits of this program will be paid to qualifying employees retiring between the effective date of this resolution and December 31, 1990. 10. The City Manager is instructed to bring this policy before the City Council for review prior to December 31, 1988. J 11. The provisions of this resolution shall expire on } December 31, 1990 unless extended by the City Council prior to that date. 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. t I p CITY OF BROOKLYN CENTER RESOLUTION NO. RESOLUTION ACKNOWLEDGING RECEIPT OF REQUEST TO APPROVE MODIFICATION TO REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN AND SCHEDULING A PUBLIC HEARING ON SAME WHEREAS, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of the State of Minnesota (Authority) has approved a Redevelopment Plan and Tax Increment Financing District (TIF District) described in that certain document entitled "Earle Brown Farm Redevelopment and Tax Increment Financing Plan, City of Brooklyn Center, Minnesota, 1985 ", and has by appropriate action established the TIF District, and applied to the City Council of the City of Brooklyn Center for approval of the Project and the related Tax Increment Financing Plan (Plan); and WHEREAS, the City of Brooklyn Center (City) has by resolu- tion adopted , 1985, duly approved the Project, the Plan and the TIF District; and WHEREAS, the Authority has initiated a modification to the Redevelopment Plan and the TIF Plan to designate for acquisition, by condemnation if necessary, a parcel of land included within the TIF District and legally described as: i Tract H, Registered Land Survey No. 1380 and to allocate within the budget for the District monies neces- sary for the cost of such acquisition; and WHEREAS, the Authority has requested that the City Council set a date for public hearing on the proposed modification. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. Receipt of a proposed modification by the Authority, wherein the Authority proposes that the Earle Brown Farm Redevelop- ment Plan and Tax Increment Financing Plan dated be modified to designate for acquisition, by condemnation if necessary, that parcel of land lying within the District and legally described as follows: Tract H, Registered Land Survey No. 1380 I � f and that the budget for the district be modified to allocate monies necessary for the anticipated cost of such acquisi- tion, is hereby acknowledged. 2. The City Council hereby sets 1986 at p.m. in the City Council Chambers of the Brooklyn Center City Hall as the date, time and place for the public hearing on the proposed modification. 3. The City Clerk is authorized and directed to give the various notices of said public hearing as required by Minnesota Statutes, Chapter 273. Mayor ATTEST: City Clerk /J J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING RECEIPT OF REQUEST TO APPROVE MODIFICATION TO REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN AND SCHEDULING A PUBLIC HEARING ON SAME WHEREAS, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of the State of Minnesota (Authority) has approved a Redevelopment Plan and Tax Increment Financing District (TIF District) described in that certain document entitled "Earle Brown Farm Redevelopment and Tax Increment Financing Plan, City of Brooklyn Center, Minnesota, July 22, 1985 and has by appropriate action established the TIF District, and applied to the City Council of the City of Brooklyn Center for approval of the Project and the related Tax Increment Financing Plan (Plan); and WHEREAS, the City of Brooklyn Center (City) has by resolution adopted July 22, 1985, duly approved the Project, the Plan and the TIF District; and WHEREAS, the Authority has initiated a modification to the Redevelopment Plan and the TIF Plan to designate for acquisition, by condemnation if necessary, a parcel of land included within the TIF District and legally described as: Tract H, Registered Land Survey No. 1380 and to allocate within the budget for the District monies necessary for the cost of such acquisition; and WHEREAS, the Authority has requested that the City Council set a date for public hearing on the proposed modification. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. Receipt of a proposed modification by the Authority, wherein the Authority proposes that the Earle Brown Farm Redevelopment Plan and Tax Increment Financing Plan dated July 22, 1985 be modified to designate for acquisition, by condemnation if necessary, that parcel of land lying within the District and legally described as follows: Tract H, Registered Land Survey No. 1380 RESOLUTION NO. and that the budget for the district be modified to allocate monies necessary for the anticipated cost of such acquisition, is hereby acknowledged. 2. The City Council hereby sets May 19, 1986, 1986 at 7:30 p.m. in the City Council Chambers of the Brooklyn Center City Hall as the date, time and place for the public hearing on the proposed modification. 3. The City Clerk is authorized and directed to give the various notices of said public hearing as required by Minnesota Statutes, Chapter 273. Date Mayor ATTEST: Clerk The motion for the foregoing resolution was duly seconded by member ' and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 LC Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT NO. 63430 WITH MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Minnesota Department of Transportation ( MNDOT) asserts control over portions of the property on which the City of Brooklyn Center (City) proposes to construct the Centerbrook Golf Course; and WHEREAS, on November 19, 1985 the City Council adopted Resolution No. 85 -205 wherein the City requested MNDOT to issue a permit to allow the City to construct the golf course while resolving the question of ownership interests in the property; and WHEREAS, pursuant to negotiations relative thereto, MNDOT has prepared and proffered Agreement No. 63430 wherein the City is authorized to proceed with construction of the golf course subject to those conditions detailed in that agreement; and WHEREAS, it is the opinion of the City Council that the execution of said agreement is beneficial to the City: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. proposed Agreement No. 63430 between MNDOT and the City is hereby approved. 2. The Mayor and the City Manager are hereby authorized and directed to execute said agreement on behalf of the City. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 21st day of April , 1986 at 7 :30 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance adopting a new official zoning map. 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 ADOPTING A NEW OFFICIAL ZONING MAP 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 -2120. GENERAL PROVISIONS 2. Establishment of Official Zoning Map The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Brooklyn Center prepared by the Federal Insurance Administration dated August 17, 1981 and the Flood Boundary and floodway Maps and Flood Insurance Rate Maps therein, all as amended by the attached Amendment No. 1, prepared by Barr Engineering The Official Zoning Map shall be on file in ttie Office of the City Manager and „the Planning Department. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 1986. Mayor ATTEST: Clerk Date of Publication Effective Date Ii-/ CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 21st day of April, 1986 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding family day care in the R1, R2 and R3 zoning districts. 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 FAMILY DAY CARE IN THE R1, R2 AND R3 ZONING DISTRICTS 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 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS 6. No home occupation providing day care shall serve more than [ ten (10) ] twelve (12) children [including children of the family occupying a dwelling unit] in the R1 district, five (5) children in the R2 and R3 districts, or five (5) children, .including children of the family occupying the dwelling unit in other residential districts ([R21 R4 through R7). This subsection is not intended to supersede any lease arrangements which may be more restrictive. 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.) 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 APRIL 10, 1986 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Carl Sandstrom, Lowell Ainas, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. APPROVAL OF MINUTES - March 27 1986 Motion by Commissioner Nelson seconded by Commissioner Sandstrom to approve the minutes of the March 27, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Nelson, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioners Malecki and Ainas. The motion passed. The Secretary noted that there was no representative of Viking Gym present and recommended that the next application be considered. APPLICATION NO. 86016 (Color Converting Industries) Following the Chairman's explanation, the Secretary introduced the next item of business on the agenda, a request by Color Converting Industries for a determination that the storage, production and distribution of ink and ink components is similar in nature to other permitted uses in the I -1 zoning district. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86016 attached) . The Secretary referred to the memo of the Building Official which expressed concern regarding the use being located in the I -1 zoning district. The memo indicated that ink manufacture is generally located in the heavy industrial district. The Secretary also referred the Commission's attention to the material safety data sheets on the various materials to be used in the ink operation which had been supplied by the applicant. Commissioner Wallerstedt asked whether the proposed ink operation would add risk to other uses located in the industrial park. The Secretary answered that the ink p roposed operation could probably meet the restrictions of the Building Code, but that if it was allowed as a permitted use in the I -1 district it could occupy an entire building and would pose a greater risk to the industrial park as a whole. He noted the low flash points of some of the chemicals involved in the ink operation and expressed concern regarding the potential damage due to a fire. He also pointed out that there is a welding operation also located in the same building (6660 Shingle Creek Parkway). Commissioner Wallerstedt noted that the flammability rating of a number of the chemicals was considered "serious "and asked how dangerous this was. The Secretary answered that w Y d t he as not an expert on the flammability ratings, P � Y g , but that a rating of serious" would certainly ndicate more risk than an other materials with a lower rating. Commissioner Wallerstedt noted that the media of extinguishment noted in the materials safety data sheets was in many cases foam rather than water. The Secretary answered that the sprinkler system can be modified and that a dry foam system can also be installed in storage areas. 4 -10 -86 _1_ Commissioner Sandstrom pointed out that the Building Official had stated that the tenant space could be modified to meet the code for this use. The Secretary answered that the concern of the staff is regarding the long range potential of the proposed use and the possibility of it becoming larger than presently proposed. Chairman Lucht asked where the drainage from this site flowed to. The Secretary answered that it was conveyed by storm sewer across Shingle Creek Parkway and partially over land and partially through storm sewer to Shingle Creek. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Greg Peterson of Color Converting Industries then addressed the Commission. He stated that less than 50% of the material handled by CCI would be flammable and that less than half of the flammable materials would have flash points below 100 Fahrenheit. He pointed out that the flash point of gasoline is -450 below Fahrenheit and that this very flammable liquid is allowed to be handled by the general public. He pointed out that the material that CCI would deal with would be handled by experts and not customers. He stated that he did not feel that the flammability question posed a severe problem for their use and that they would do whatever is necessary to modify the fire suppression system and to provide diking as required. There followed a rather lengthy question and answer session between Mr. Peterson and members of the Planning Commission. Mr. Peterson was asked about the CCI facility in Des Moines, Iowa. He explained that large volumes of flammable material were stored there and that the building was not sprinklered. He explained that the basic manufacturing activities took place in Des Moines and that mostly finished products which could be mixed would be stored and distributed from the Brooklyn Center location. He stated that there would be little, if any, wastes from the Brooklyn Center operation. Commissioner Sandstrom asked whether CCI could live within the condition not to become a full manufacturing operation. Mr. Peterson responded in the affirmative. Commissioner Sandstrom asked whether there would be any odor problems affecting other tenants within the building. Mr. Peterson stated that there should not be since the ink would for the most part be confined to containers. Commissioner Bernards asked Mr. Peterson why he felt the operation was similar to other uses permitted in the I -1 zoning district. Mr. Peterson responded that they based their argument on the fact that printing and allied industries were allowed in the industrial park and also the manufacture of chemicals was allowed in the industrial park. Commissioner Malecki asked Mr. Peterson to compare the operation to a gas station. Mr. Peterson stated that a gas station is much more hazardous since the general public handles the hazardous materials. The Secretary noted that other chemicals can be manufactured in the I -1 zoning districts and cited the section of the ordinance listing these. He asked Mr. Peterson how hazardous the ink and component materials would be in comparison to those listed in the ordinance. Mr. Peterson stated that they were in the same category of hazard. He stated that color pigments used in toiletries are flammable as is the alcohol base. He also stated that polymers present in cleaning fluids are highly flammable. Mr. Peterson answered further questions on the flammability of the liquids to be stored at 6660 Shingle Creek Parkway. He stated that 50% of the materials would be flammable and that 50% of those flammables would be flammable solvents. 4 -10 -86 -2- Commissioner Sandstrom stated that the City has accepted other risks in the I -1 zoning district. He stated that the use proposed was not as hazardous as the plant in Des Moines. Commissioner Wallerstedt pointed out that other hazardous uses in the industrial park have been secondary, not primary uses. Commissioner Nelson stated that he was not sure whether a hazardous use would be considered the principal use here if less than half of the material is flammable. Commissioner Ainas stated that denying the use could open up a can of worms. He stated that manufacture of cleaning fluid is very hazardous, but that it is allowed in the industrial park. Chairman Lucht stated that it might be wise to make changes in the Zoning Ordinance to limit the degree of hazard allowed in the industrial park. Commissioner Sandstrom stated that he felt that the use was similar in nature to other uses in the I -1 zone. Commissioner Ainas agreed that it was less hazardous than for businesses which were listed as permitted uses in the I -1 zone. Commissioner Bernards stated that it might be permissible to have such a business in Brooklyn Center, but not in the I -1 zone. Chairman Lucht offered the option of amending the ordinance to allow the storage and manufacture of ink as a special use permit in the I -1 zone. The Secretary pointed out that a hazardous occupancy is generally accessory in other cases in the industrial park, but that it would be the primary occupancy in this case. Commissioner Sandstrom asked how much space would be devoted to this use. The representative of CCI answered 15,000 square feet. Commissioner Ainas questioned Mr. Peterson on the degree of flammability of the liquids and the storage practices. Mr. Peterson stated that between 1% and 5% of the products to be stored on the site would consist of chemicals with low flash points. He explained that any product with more than 1% of a flammable chemical was considered flammable. amm ble. He stated that the flammable chemicals are isolated within the building at the Des Moines plant, but are not kept in a separate vault. Mr. Peterson went on to explain that ink businesses have a difficult time getting insurance and that the insurance industry closely regulates the practices of ink manufacturers. Commissioner Wallerstedt suggested that perhaps manufacturing should not be allowed, only the distribution of finished products. Commissioner Sandstrom suggested that CCI would have to come back for another determination if it wished to go into full scale manufacturing. The Secretary pointed out that g Y p if a determination is made that the use is similar in nature to other uses permitted in the industrial park, the business will not be back before the Planning Commission. He stated that the only conditions that would apply to a permitted use within an existing building in the industrial park would be the Building Code, Fire Code, and National Fire Protection Association Standards. Chairman Lucht suggested that a special use classification could allow for control of the use and size of the activity. Mr. Peterson explained that w p d at hat would be done at the Brooklyn Center site would ld be blending of finished products, not manufacturing. He stated that many n of th e g Y products stored on the site would be ready for sale, but could be mixed. He likened the proposed use to a paint store where paints can be mixed to achieve the desired color, except in this case there would be more mass shipment of products. There followed further lengthy discussion as to the nature of the use, the extent to which manufacturing actually took place, and the extent to which other activities constituted a wholesale trade use. Chairman Lucht and Commissioner Ainas expressed concern at the potential hazard allowed by the ordinance in the form of 4 -10 -86 -3- i manufacturing, cleaning preparations and toiletries. The consensus of the discussion was that the operation could be acknowledged as a permitted use if limited to wholesale trade and blending (a mixing of compounds), but not the manufacturing of ink from basic chemical components. Commissioner Bernards pointed out that the primary use in this case would be a hazardous occupancy involving the handling of flammable materials. Chairman Lucht pointed out that the ordinance allows the manufacture of other materials just as dangerous as those involved in this operation. ACTION RECOMMENDING A DETERMINATION THAT COLOR CONVERTING INDUSTRIES IS SIMILAR TO USES CONTAINED IN SECTION 35 -330, SUBSECTION 1 b 2 OF THE ZONING ORDINANCE Motion by Commissioner Nelson seconded by Commissioner Ainas to recommend that the City Council make a determination that the use proposed by Color Converting Industries at 6660 Shingle Creek Parkway would be similar in nature to the wholesale trade of chemicals as listed in Section 35 -330, Subsection 1 b 2, but not similar to the manufacturing acitivies contained in Section 35 -330, Subsection 1 a 7. Also acknowledged in the motion, is the requirement that the use be subject to all applicable building, fire and other safety and environmental codes. There followed a discussion of the motion. Commissioner Malecki stated that she felt at a loss to determine just how safe the chemicals involved in this operation would be. She suggested that a chemist interpret the material safety data sheets before the proposed use goes to the City Council. The Secretary pointed out that the use would be subject to all I -1 district restrictions. Voting in favor of the aforementioned motion, Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson and Wallerstedt. Voting against: Commissioner Bernards. The motion passed. Commissioner Bernards cited his earlier comments on the hazardous occupancy of the principal use proposed as the basis for his opposition. MOTION TO DIRECT STAFF TO STUDY THE LANGUAGE OF SECTION 35 -330, SUBSECTION 1a7 Motion by Commissioner Ainas seconded by Commissioner Nelson to direct staff to study the implications of language in Section 35 -330, Subsection 1a7, which allows for the manufacture of chemicals, including some highly flammable chemicals within the industrial park. Commissioner Bernards stated that he felt that adding more language to the ordinance would only make it more restrictive and more difficult to interpret. He suggested leaving it as simple as possible. Commissioner Ainas agreed, but pointed out that some very hazardous activities are acknowledged in that section of the ordinance. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Ainas, Nelson and Wallerstedt. Voting against: Commissioner Bernards. The motion passed. APPLICATION NO. 86015 (Viking Gym) The Secretary then introduced the other item of business, a request for special use permit approval to expand the gymnasium use at 6502 Shingle Creek Parkway in the industrial building at the northeast corner of Shingle Creek Parkway and Freeway Boulevard. The Secretary noted that the applicant was not present, but suggested that the Planning Commission consider the application anyway. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86015 attached). 4 -10 -86 -4- PUBLIC HEARING (APPLICATION NO. 86015) Chairman Lucht then opened the meeting for a public hearing. Noting that there was no one present to speak regarding the application, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86015 (Viking Gym) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend approval of Application No. 86015, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The expanded gymnasium use is subject to the conditions on the original special use permit granted under Application No. 82034. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Ainas, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. DISCUSSION ITEMS a. Retail Parking Formula The Planner then reviewed with the Planning Commission a memo regarding a revised retail parking formula as suggested in the draft ordinance amendment attached to the Planning Commission's agenda. He noted the background evidence supporting the understanding that there is an excess requirement, particularly for smaller retail buildings. He then reviewed alternate formulas, including a formula suggested by the Urban Land Institute, parking formulas of other communities, and the draft formula contained in the ordinance amendment. The Planner went onto review some of the implications for existing development, new development and redevelopment as a result of the proposed formula change. Finally, he reviewed some of the major arguments in favor of and opposed to changing the ordinance formula for retail parking. He concluded by recommending that the formula be adopted. The Secretary and the Planner suggested that the Planning Commission review the memo in more detail and perhaps consider acting on the draft ordinance amendment at the next Planning Commission meeting or at some time in the future. Commissioner Sandstrom asked whether this ordinance change would affect office buildings. The Planner responded in the negative. b. Landscape Standards The Planner then distributed to the Planning Commission a draft ordinance on landscape planting standards. He noted that this draft had been distributed to the Planning Commission at an earlier meeting. He also gave the Planning Commission a list of six sites that had recently been reviewed by the Planning Commission and calculated the number of landscape points that each site plan would be credited with under the proposed pointing system. He noted that two of the six would not meet the standard tentatively offered. 4 -10 -86 _5_ The Planner mentioned that the intent of the pointing system is to make the point differentials between various types of plantings comparable to their price differential so that there would be no economic incentive to choose a particular planting type to meet the point requirements for a given type of development. Commissioner Nelson pointed out that the largest site, the Target /Ryan development, had the most difficult time meeting the standard, perhaps because it was so large and that a smaller fraction of the site would be devoted to green area. He suggested that perhaps the formula should take this factor into account. Chairman Lucht reviewed the point system and suggested different point levels based on his knowledge of the price of various planting types. Commissioner Wallerstedt suggested that perhaps there should be a minimum number of points derived from each planting type so that no one planting type is ignored in a landscape plan. She also requested that other sites be reviewed that have already been developed and that people are more familiar with. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Sandstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:54 p.m. Chairman 4 -10 -86 -6- Planning Commission Information Sheet Application No. 86015 Applicant: Viking Gym Location: 6502 Shingle Creek Parkway Request: Special Use Permit The applicant requests special use permit approval to expand the Vikin g Gym G in the industrial building at the northeast corner of Freeway Boulevard and Shingle Creek Parkway. The property in question is zoned I -1 and is bounded on the north by the Northwestern Bell maintenance building, on the east by James Avenue North, on the south by Freeway Boulevard, and on the west by Shingle Creek Parkway. The Viking Gym tenant space is at the southwest corner of the building. Gymnasiums are allowed by special use permit in the I -1 zone. Viking Gym was granted a special use permit under Application No. 82034. The main zoning concern with the proposed expansion of the gym appears to be the impact on required parking. Under a new formula adopted in 1983, the gym is required to have 20 spaces for the first 1,000 sq. ft. of gross floor area plus one space for each 300 sq. ft. of additional gross floor area. The area of the space in question is approximately 9,000 sq. ft. and requires 47 parking spaces. The remainder of the building is approximately 88,500 sq. ft. Assuming 10% of the building area is devoted to office, the parking requirement for the balance of the building is 144 spaces. The total requirement is, therefore, estimated at 191 spaces. There are 212 spaces installed at the site and an unstriped area that could accommodate 80 additional spaces. Therefore, there does not seem to be a arkin P g problem posed by the expansion of the . ym within the building. g The use of the space the gym is expanding into is for general exercise area and a small office area. Lockers, weightlifting, and aerobics are located in the existing tenant space. Staff see no conflict with the Standards for a Special Use Permit posed by the expansion of this use. Approval is, therefore, recommended, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The expanded gymnasium use is subject to the conditions imposed on the original special use permit granted under Application No. 82034. 4 -10 -86 Planning Commission Information Sheet Application No. 86016 Applicant: Color Converting Industries Location: 6660 Shingle Creek Parkway Request: Determination The applicant requests a determination by the City Council that the storage, manufacture, and distribution of ink is similar in nature to other permitted uses in the I -1 zoning district. The applicant wishes to locate in the industrial building at 6660 Shingle Creek Parkway. The property in question is zoned I -1 and is bounded on the east by Johnson Controls, on the south by the Northwestern Bell maintenance facility, on the west by Shingle Creek Parkway, and on the north by 67th Avenue North. Section 35 -330, subsection 1 f permits in the I -1 zone: "Other uses similar in nature to the aforementioned uses, as determined by the City Council." Among the aforementioned manufacturing uses permitted in the I -1 zoning district are: 11 6. Printing and publishing and allied industries. 7. Chemicals and allied products as follows: -Drugs - Soaps, detergents and cleaning preparations - Perfumes, cosmetics and other toilet preparations (compounding and packaging only. ") Also, in terms of wholesale trade activities, "Drugs chemicals, and allied products" are listed as terms which may be traded from the I -1 district. Certainly, the storage, manufacture, and shipment of ink involves chemicals and allied products. The concern with the proposed use is primarily over the flammability and toxicity of the liquids involved. The Fire Department has requested and received information on each of the materials to be handled in the business. Section 35 -413, subsection 2 of the Zoning Ordinance (attached) prohibits the storage, utilization or manufacture of materials or products which could be detonated, unless specifically licensed by the City Council. The materials involved in this operation are not explosives, only highly flammable and potentially toxic in the event of a fire. The determination which must be made regarding the proposed use is whether the risks posed by the storage and manufacture of ink and ink components is unacceptable in the I -1 district, or whether modifications to the tenant space can be made which will make the risk an acceptable one. Fire Inspector Milton Selander has had correspondence with Mr. Bill Hegstrom of CCI and obtained information on the types and quantities of materials, flammability ratings, extinguishing media (water, foam, CO2, dry chemical, etc.), flashpoints and other safety data on the materials to be used. ( see correspondence attached. He has also transmitted a memo to Building Official Andy Alberti expressing various general points of concern regarding this potential tenant (see attached. Note: this is not a list of specific requirements, only general concerns that Mr. Selander feels must be addressed). 4 -10 -86 -1- Application No. 86016 continued Building Official Andy Alberti and Inspector Clay Larson have also inspected the building in question at 6660 Shingle Creek Parkway. The Building Official's comments should be available in writing by Thursday's meeting. The general thrust of his conclusions is that the building in question, more specifically the tenant space CCI seeks to occupy, can be modified to meet the requirements of the building code and the fire code. We have also contacted the City of Des Moines, Iowa where CCI is presently located and inquired as to the zoning of their present location and the zones in which such an operation would be allowed. The existing CCI plant is located in the M -2 (Heavy Industrial) zoning district in Des Moines. The City of Des Moines allows the manufacture and storage of ink only by conditional use permit in the heavy industrial zoning district. This classification is based on the storage of flammable materials on the site which constitutes a Group H occupancy under the Uniform Building Code. We have reviewed the permitted and special uses in the I -1 zoning district (see Section 35 -330). Most, if not all, fall into the B -2 occupancy rating. Few would fall into the Group H occupancy class as far as the general use, though certain storage rooms or processes might. The Zoning Ordinance does not explicitly refer to the occupancy categories of the Uniform Building Code in distinguishing between permitted and non - permitted uses. It should be pointed out, however, that certain uses that are Group H occupancies (such as paint booths and planing mills and saw mills) are specifically prohibited. Nevertheless, some Group H occupancies do exist in the Industrial Park, such as Medtronic (lithium storage); Hiawatha Rubber (rubber processing); the City garage and MTC bus garage; also plastic molding and die casting activities. There are also propane gas storage tanks stored outside and above ground in the Industrial Park which pose a very considerable potential safety risk. Thus far, the City has accepted these risks in the I -1 zone. It is a policy question whether a use classified as an H -2 occupancy should be allowed in the Industrial Park (I -1) zoning district. It should be kept in mind that such a use could conceivably occupy an entire industrial building, not just a limited tenant space, if a finding is made that it is similar in nature to other permitted uses in the I -1 zone. The conclusion that staff draw from the Zoning Ordinance and from the uses located in the Industrial Park is that the proposed use is not similar in nature to other uses permitted in the I -1 zoning district. We reach this conclusion because the principal activities of the proposed use involve the storage, processing, blending and shipment of flammable materials throughout the tenant space. The occupancy classification of this use is, therefore, H -2 under the Uniform Building Code. While there are other uses in the Industrial Park that contain H occupancies, the hazardous occupancy in those cases is only for an accessory use, not a principal use. The principal uses allowed and existing in the Industrial Park are generally B -2 occupancies, not classified as hazardous under the Building Code. We recommend that principal uses which must be classified as H -2 occupancies not be considered similar in nature to other permitted uses in the I -1 zone. If, however, the Planning Commission is inclined to recommend approval of the proposed use, staff will be prepared to recommend conditions of approval. 4 -10 -86 -2- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of of 1986 at p.m. at the City Hall, Shingle Creek Parkway to consider an amendment to the Zoning Ordinance regarding parking requirements for retail buildings. 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 PARKING REQUIREMENTS FOR RETAIL BUILDINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended in the following manner: Section 35 -704. MINIITM PARKING SPACES REQUIRED 2. Commerce (Retail and Service /Office) c. Other retail stores or centers and financial institutions: [Eleven] Ten spaces for the first 1,000 square feet of gross floor area or fraction thereof; [eight spaces for each 1,000 square feet of gross floor area in excess of 1,000 square feet, but not exceeding 15,000 square feet; six spaces for each 1,000 square feet of gross floor area in excess of 15,000 square feet, but not exceeding 30,000 square feet; 5.5 spaces for each 1,000 square feet of gross floor area exceeding 30,000 square feet.] Five (5) spaces for each additional 1,000 square feet of gross floor area up to 500,000 square feet; 5.5 spaces for each 1,000 square feet of gross floor area over 500,000 square feet. 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.) MEMORANDUM TO: Gerald G. Splinter, City Manager /� 1 FROM: Ronald A. Warren, Director of Planning and Inspecti6n �,C,&. DATE: April 17 1986 SUBJECT: Various Ordinance Concerns You have requested a report, for discussion with the City Council, listing various problems or situations that seem to periodically arise which lead to questions about the effectiveness of some of our current ordinances. These situations for the most part seem to reoccur in residential fieighborhoods. One of the main concerns has to do with the parking of cars in single- family residential areas. Both the number of cars and the manner in which they are parked or stored have been a source of complaint. Other concerns involve the number and manner in which boats, campers, trailers, recreational vehicles, camper pickup toppers, trucks, commercial vehicles, etc. are parked or stored on residential property. Regarding the question of parking cars in residential areas, City ordinances regulate this activity in a number of ways, primarily through nuisance regulations and zoning regulations. Our ordinances are designed to discourage, but do not totally prohibit, on- street parking. The Zoning Ordinance (Chapter 35) requires a minimum of two off - street parking spaces per dwelling unit in all residential zoning districts. This chapter, however, only requires improved parking areas (blacktop or concrete) in zoning districts other than Rl (one - family) and R2 (two - family). Tandem parking is permitted in the Rl, R2 and R3 zoning districts. Section 35 -700 prohibits, in all zoning districts, off - street parking, storage of vehicles or perimeter driving areas within 15 feet of any street right -of -way and this area is to be planted and maintained as a greenstrip. Other portions of the Zoning Ordinance regulating the parking of vehicles require 6' screening of parking areas for more than six cars if there is residential abutment at a property line, and 4' high screening of parking areas having more than six cars that are across the street from residential areas. The parking of one commercial vehicle per dwelling unit provided it is not longer than 25' is allowed in residential districts on space adequate for storage, if it is used by the occupant of the dwelling for transportation to and from the job. Chapter 27 of the City ordinances, at Section 27 -120, regulates on- street parking. It prohibits on- street parking for more than four consecutive hours between 12:00 midnight and 8:00 a.m. and more than six consecutive hours at any other time. This section also prohibits parking in violation of posted regulations and prohibits parking of any part of a vehicle on the non - roadway portion of street right -of -way (the boulevard parking prohibition). Chapter 19 (Nuisance Ordinance) also addresses some aspects of the parking question. Section 19 -1301 through 1307 regulates the operating, parking, storing, repairing, servicing and maintaining of vehicles (formerly called the junk car Memo Page 2 April 17, 1986 ordinance). These sections prohibit parking and storage of unlicensed or inoperable vehicles on any property unless they are in a building on the premises. Exceptions are properly licensed pioneer, classic or collector vehicles. If these pioneer, classic or collector vehicles are properly licensed, but inoperable, they may nevertheless be stored outside of a building, but must be screened from public view by means of a 6' high opaque fence. These provisions also prohibit the storage of vehicle parts, engines or engine parts, or related accessories except within a building. Other portions of the nuisance ordinance such as Section 19 -103, Subdivision 11, prohibit the accumulation 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 may be conducive to fire or endangers the comfort, repose, health, safety or welfare of the public emphasis added). As indicated previously, our ordinances discourage, but do not prohibit, on- street parking. When vehicles are parked off - street, there are certain, but for the most part, limited regulations provided the vehicles are operable and licensed. Because we do not require improved spaces for parking vehicles, they can be found stored throughout a residential lot such as in the front, side and rear yards. Some residential lots have more than one driveway or access which may or may not be improved located on the premises. This coupled with the other factors mentioned above can create some unsightly, and in some cases undesirable, situations that are not regulated by City ordinances. Furthermore, other than prohibiting parking on the 15' greenstrip, the junk car provisions, and regulations relating to rodent harborages and blight, people can store trailers, snowmobiles, campers, camper toppers, recreational vehicles, boats, etc. almost anywhere on their property. An example of the problem is a situation where a resident had about six or eight cars stored in various parts of his yard and on his son's yard who lives next door. In addition, some of the cars were parked partially on another lot next door owned by WDOT. WDOT was advised of the situation and requested to post the property if they did not want it encroached upon. To date they haven't done anything. The man also had two tow trucks. The site was reviewed and license numbers checked to verify ownership of the vehicles, all of which were properly licensed. Most of the vehicles checked out to the property owner or the son who lived next door. When confronted with the situation, the man was very irate about the City sticking its nose in his affairs. He was informed of the various ordinance provisions. He had one of the tow trucks, which did not belong to him, removed from the premises. He explained that he had bought all of the cars, that they were operable and he and his son tinkered with them. He was also advised that if he had a parking area for more than six cars it must be screened. The cars are scattered throughout the yard and upon last review, the site was in technical compliance with the ordinance, although it is unsightly. Some communities provide restrictions that limit parking and storage of vehicles, etc., to rear yards, or behind the front yard setback line. Some even require screening of areas being used for storage. This may, or may not, be something the City Council may want to consider. I am not necessarily recommending changes or additions to the ordinance. This memo has been drafted to point out what regulations affect various situations and why some situations, which may not seem aesthetically acceptable are, nevertheless, not prohibited by City ordinances. Perhaps a more concentrated enforcement effort of existing ordinances is needed. However, in some situations, particularly where the Zoning Ordinance regulations Memo Page 3 April 17, 1986 pertain, "grandfather situations" will exist because we are not certain whether these situations existed prior to the adoption of various zoning regulations. There may well be other areas of concern on your part, or on the part of the City Council, which are believed to be even more serious problems. I feel it would be appropriate to discuss these matters as well at Monday evening's meeting. I'll be prepared, as best as possible, to respond to other areas of concern during Monday evening's discussion. /7 W icenses to be approved by the City Council on April 21, 1986 CIGARETTE LICENSE Twin City Vending Co. 1065 E. Highway 36 Builders Square 3600 63rd Ave. N. L. .L� V f City Clerk 3' FOOD ESTABLISHMENT LICENSE Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Super America 6545 W. River Rd. Super America 1901 57th Ave. N. T. Wrights 5800 Shingle Cr. Pkwy. Sanitarian GARBAGE AND REFUSE VEHICLE LICENSE Woodlake Sanitary Service 4000 Hamel Rd. -�� Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. Earle Brown PTA 5900 Humboldt Ave. N. � A � `A�v\ Sanitarian MECHANICAL SYSTEMS LICENSE Air Corp. 2525 Nevada Ave. Allan Heating & Air Cond. 6020 Culligan Way Blaine Heating, Air Cond. & Elec. 13562 Central Ave. NE Frank's Heating & Air Cond. 3107 California St. NE Gas Supply, Inc. 2238 Edgewood Ave. S. Kraemer Heating 7441 Dallas 'Court Maple Grove Heating & Air Cond. 240 Central Ave. Metropolitan Mechanical 7340 Washington Ave. S. Pump & Meter Service, Inc. 1800 2nd St. S. Ray Welter Heating & Co. 4637 Chicago Ave. ma Buidl Official MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Ford 2500 County Rd. 10 Brookdale Pontiac 6801 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. ° City Clerk NONPERISHABLE VENDING MACHINE LICENSE Twin City Vending Co. 1065 E. Highway 36 Builders Square 3600 63rd Ave. N. Sanitarian 4 PERISHABLE VENDING MACHINE LICENSE terstate United Corp. 1091 Pierce Butler Rte. Ault, Inc. 1600 Freeway Blvd. Hoffman Engineering 6530 James Ave. N. Twin City Venidng Co. 1065 E. Highway 36 Builders Square 3600 63rd Ave. N. ,.Q� ;y � Sanitarian POOL TABLE LICENSE Lynbrook Bowl 6357 N. Lilac Dr. City Clerk RENTAL DWELLING LICENSE Initial. Sharon M. Fratzke 4201 Lakeside Ave. N. #208 Renewal: Bennie Rozman Brookdale Ten Apts. Ewing Square Associates Ewing Square Townhouses James & Yvonne Lyons 5303 Emerson Ave. Arvey & Penny Rice 7208 Fremont Ave. N. Hallard N. Corey 4201 Lakeside Ave. #118 Jerry Truman 5519, 23 Lyndale Ave. Joan Kanz 3112 O'Henry Rd. Robert W. Johnson 6801 Scott Ave. N. Gary & Carol Meinke 3601 47th Ave. N. Q u mn , er h_K.._Patt.eers:son 3 — 50th-- Ave-:._N ice. Q!L Q IVY Director of Planning and Inspection SIGN HANGERS LICENSE Universal Sign Co. 1033 Thomas Ave. L Build' g Official; SWIMMING POOL LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Fun Services 3701 57th Ave. N. Riverwood Townhouse Assoc. 6611 Camden Dr. Twin Lake N. Apts. 4536 58th Ave. N. Sanitarian GENERAL APPROVAL: D. K. Weeks, City Clerk