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HomeMy WebLinkAbout1986 03-24 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 24, 1986 (following adjournment of the HRA meeting) 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda - All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes - March 10, 1986 - Regular Session 7. Proclamation Declaring April 12, 1986 as a Day of Spiritual Rededication and Peacemaking in Brooklyn Center 8. Final Plat: *a. 7100 Corporate Plaza 2nd Addition *b. Brooklyn Farm -This item relates to the HRA resolution. 9. Resolutions: *a. Tabling Consideration of Bids for Geometric Improvements and Resurfacing of Shingle Creek Parkway from C.S.A.H. 10 to Interstate Highway 94-694 (Project No. 1985-27 and 1986-07, Contract 1986-G) -Bids have been received for this project. �However, because the plans and specifications.have not yet been approved by the State Aid Division of MN/DOT, it is recommended that consideration of bids be tabled to the April 7, 1986 Council meeting. *b. Accepting Petition, Establishing Project, Accepting Engineer's Report, Ordering Improvement and Approving Plans and Specifications, Brooklyn Farm Area Storm Drainage System (Storm Sewer Project No. 1986-08, Contract 1986-1) -This item relates to the HRA resolution. *c. Declaring Surplus Property -The items in this resolution are recommended for sale at the City auction to be held on April 26, 1986. d. Amending the 1986 General Fund Budget -For the purchase of a Moving Radar Unit. e. Approving a Contract for Outfitting the Mobile Communications Van CITY COUNCIL AGENDA -2- March 24, 1986 f. Authorizing the Purchase of an Electronic Typewriter for the Public Utilities Division g. 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 10. Planning Commission Items: (7:30 p.m.) a. 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. This application was reviewed by the commission and tabled at its February 13, 1986 meeting. The Planning Commission recommended denial of the appeal at its March 13, 1986 meeting, but recommended an ordinance amendment. 1. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Family Day Care in the R1, R2 and R3 Zoning Districts -This ordinance is offered for a first reading this evening. b. Planning Commission Application No. 86008 submitted by Lombard Properties, Inc. requesting site and building plan approval to construct a 70,100 sq. ft. retail shopping center at the corner of Earle Brown Drive and Summit Drive, behind Target. This item was recommended for approval by the Planning Commission at its March 13, 1986 meeting. c. Planning Commission Application No. 86012 submitted by Ryan Construction Company requesting site and building plan and special use permit approval to construct a 111,755 sq. ft. office building at the northeast corner of Summit Drive and Earle Brown Drive (west leg). This item was recommended for approval by the Planning Commission at its March 13, 1986 meeting. 11. Ordinances: (8:00 p.m.) a. An Ordinance Vacating Part of the Right -of -Way of Logan Avenue North along Lot 6, Block 2, Northbrook Center Addition -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. This item requires a 4/5 vote by the Council. b. An Ordinance Amending Chapter 35 of the Ordinances Adopting a New Official Zoning Map -This item modifies the flood plain boundaries. This ordinance is offered for a first reading this evening. 12. Discussion Items: a. Northbrook Liquor Store Lease Extension b. Regional Park Feasibility Update *13. Licenses 14. Adjournment v � , r { R of '44 A C OUTS �1 a Chartel A GRANTED TO THE -, } CITY OF BROOKLYN CENTER upon application through authorized representatives to carry on the Scouting program for , CHARACTER DEVELOPMENT • CITIZENSHIP TI AINING • MENTAL AND PHYSICAL FITNESS ' subject to the provisions of the Charter and Bylaws and Rules and Regulations of the Boy Scouts of America for the period ending DECEMBER 311 1956 II I POST 580 BR [1 YN CENTER, MN In testimony whereof the o Scouts or America has caused this Y charter to be issued and its corporate seal to be affixed. j k� t SERVING YOUTH FOR CHIEF SCOUT EXECUTIVE 01 YEARS i INCORPORATED FEBRUARY 8, 1910 CHARTERED BY CONGRESS JUNE 15, 1916 TfE SEVENW -FIFTH of TE BOY SCOUTS CW ERICA 1910 -1985 289 13 pp-�� pppl T iIFF i . No. 28 -4081 1984 Printing f 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 MARCH 10, 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 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard'Schieffer, Housing Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Councilmember Gene Lhotka was absent from this evening's meeting. INVOCATION The invocation was offered by Father Nugent of St. Alphonsus Catholic Church. OPEN FORUM Mayor Nyquist noted that the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor N uist inquired Y q ed if Y an C q ouncilmembers requested an items removed f rom the Y q d m Y Consent agenda, and no requests were made. RESOLUTIONS RESOLUTION NO. 86 -36 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR TWO (2) 72 -INCH LAWN MOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -37 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -G (XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: 3 -10 -86 -1- T tr CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S.- LaBelles E Brown Dr. 2 E arle ro 59 5 Minnesota Vikings Food Service, Inc. 5200 W. 74th St. State Farm 5930 Shingle Cr. Pkwy. Pipeseller Brookdale Center FOOD ESTABLISHMENT LICENSE a3�skin Robbins Brookdale Center Bosa International 3219 N. 1st Ave. Bosa Donuts 1912 57th Ave. N. Brook ro Park r Baptist A A ve. N. 4801 r 63 d Brookd Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brooklyn Center Athletic Boosters 6500 Humboldt Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Canteen Corporation of MN 6300 Penn Ave. S. Medtronics 6700 Shingle Cr. Pkwy. CEAP 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Davanni's 937 Summit Drive Earle Brown Elementary School 5900 Humboldt Ave. N. Evergreen Park School 7020 Dupont Ave. N. Garden City School 3501 65th Ave. N. Holiday Inn 1501 Freeway Blvd. - Chuck Muer's 2101 Freeway Blvd. Northbrook Alliance Church 6240 Aldrich Ave. N. Northwest Residence 4408 69th Ave. N. Orchard Lane School 6201 Noble Ave. N. J. C. Penney Brookdale Center Price Candies Brookdale Center Sears, Roebuck & Co. Brookdale Center Willow Lane School 7020 Perry Ave. N. GARBAGE AND REFUSE HAULERS LICENSE Block Sanitation 6741 79th Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Harmonettes 6301 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Co nstruction Mechanical Services 1301 Sylvan St. NONPERISHABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. Bob Ryan Olds 6700 Brooklyn Blvd. Earle Brown Farm Apartments 1701 69th Ave. N. Minnesota Vikings Food Service 5200 W. 74th St. State Farm 5930 Shingle Cr. Pkwy. Riviera Tanning 6040 Earle Brown Dr. PERISHABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. 3 -10 -86 -2- LaBelles 5925 Earle Brown Dr. Bob Ryan Olds 6700 Brooklyn Blvd Schmitt Music 3400 Freeway Blvd Minnesota Vikings Food Service 5200 W. 74th St. State Farm 5930 Shingle Cr. Pkwy. Twin City Vending 1065 E. Highway 36 First Western Bank 6200 Shingle Cr. Pkwy. SIGN HANGERS LICENSE Nordquist Sign Company 312 W. Lake St. SPECIAL FOOD HANDLING Fanny Farmer Candies Brookdale Center The motion passed unanimously. 1985 CRIME PREVENTION REPORT Mayor Nyquist introduced former Councilmember Bill Fignar and stated Mr. Fignar is present this evening to review the 1985 Crime Prevention Report. Mr. Fignar briefly reviewed the Crime Prevention Report for 1985 and went on to explain some of the Crime Prevention Committee's activities. He noted that in the past Crime Prevention has participated in Kaleidoscope; held tours of the police department with outside agencies participating; and held walk -a -thons to raise funds. He stated that the committee has a $25,000 goal in order to be self- sufficient. He noted that the committee will be involved in the Dudley softball tournaments this summer and should be able to raise $5,000 to $6,000. He added that the committee is confident that if they participate in the Dudley tournament each year they should reach their goal very easily. Councilmember Theis asked how many rewards had been given out in the past four years. Mr. Fignar stated that no more -:than ten had been given out and that at least half of these rewards have been repaid with a donation. He noted that there are 14 volunteer organizations represented on the Crime Prevention Board. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Rejecting All Bids for Installation of a Water Utility Control System, Directing the Revision of Specifications Therefor, and Authorizing Advertisement for New Bids (Project No. 1985 -19, Contract 1986 -D) . He stated that after careful review and consideration of the bids submitted, staff felt it would be best to rebid the project. - RESOLUTION NO. 86 -38 Member Celia Scott introduced the following_ resolution and moved its adoption: RESOLUTION REJECTING ALL BIDS FOR INSTALLATION OF A WATER UTILITY CONTROL SYSTEM, DIRECTING THE REVISION OF SPECIFICATIONS THEREFOR, AND AUTHORIZING ADVERTISEMENT FOR NEW BIDS (PROJECT NO. 1985 -19, CONTRACT 1986 -D) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for Diseased Shade Tree Removal Project No. 1986 -04 (Contract 1986 -F). He went on to briefly review the memorandum prepared by the Engineering Department and stated 3 -10 -86 -3- that staff is confident the best contractor has been chosen. Councilmember Theis stated that he disagrees with the award process for this contract. RESOLUTION NO. 86 -39 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR DISEASED SHADE TREE REMOVAL PROJECT NO. 1986 -04 (CONTRACT 1986 -F) i t The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Councilmember Theis voted against. The City Manager presented a Resolution Accepting Proposal and Approving Contract for Installation of H.V.A.C. Improvements at West Fire Station /Liquor Store No. 2 (Project No. 1985-25). RESOLUTION NO. 86 -40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND APPROVING CONTRACT FOR INSTALLATION OF H.V.A.C. IMPROVEMENTS AT WEST FIRE STATION /LIQUOR STORE NO. 2 (PROJECT NO. 1985 -25) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Regarding Off -Site Gambling Licenses. He noted that this resolution confirms the policy which was approved by the City Council on January 13, 1986. Councilmember Theis asked if the Council had approved a 12 month period. The City Manager responded affirmatively. Councilmember Theis asked if any other groups had applied for this license. The City Manager stated that the Jaycees have applied and that staff is in the process of denying the license due to the policy approved on January 13, 1986. Councilmember Theis stated he felt the City has created a monopoly. RESOLUTION NO. 86 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING OFF -SITE GAMBLING LICENSES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed. Councilmember Theis voted against. ORDINANCE The City Manager introduced An Ordinance Amgnding Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. He explained the ordinance is offered for a first reading this evening and that the ordinance contains all the changes discussed by the Council at the February 24, 1986 Council meeting. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs and to set the public hearing date on the ordinance for April 7, 1986 at 8.00 p.m. The motion passed. PROCLAMATION Mayor Nyquist noted that the fourth grade Camp Fire group from St. Alphonsus school was present this evening. 3 -10 -86 -4- Councilmember Scott introduced the following proclamation and moved its adoption: DECLARING MARCH 16 - 22, 1986 AS CAMP FIRE BIRTHDAY WEEK The motion for the adoption of the foregoing proclamation was duly seconded by Councilmember Hawes, and the motion passed unanimously. RECESS .1 The Brooklyn Center City Council recessed at 7:29 p.m. and reconvened at 7:45 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85032 SUBMITTED BY ARBY'S REQUESTING A VARIANCE FROM SECTION 3 - 140, SUBSEC 3.a.1.b. 75F THE SIGN ORDINANCE TO ALLOW A TENANT IDENTIFI A T6N�4 ALL SIGN ON ANOPY EVE =HEATH S NfiFOCE - TO $ROOKDALE MALL AND NOT ON THE EXTERIOR WALL SPACE OF THE ARBY'S TENANTS SPACE - =e ity Manager noted this tem was tabled n y atthie November 4, 1985 City Council meeting and is now before the Council to acknowledge withdrawal of the application. He stated that the variance is no longer required due to an ordinance amendment passed on January 27, 1986. There was a motion by Councilmember Scott and seconded by Councilmember Theis to acknowledge withdrawal of Planning Commission Application No. 85032 submitted by Arby's. The motion passed PLANNING COMMISSION APPLICATION NOS. 85038 AND 85039 SUBMITTED BY ROBERT SCHELL REQUESTING SITE AND BUILDING PLAN AND VA APP 0 AL 0� EXPAND TM M A 12 � N ENUE NORTH —" Tlie City Manager noted the Planning Commission recommended approval of the site and building plan at its February 27, 1986 meeting. He added the variance was recommended for denial on the basis of a finding that excess right -of -way exists to the east of the clinic and that there is no hardship in providing the required 15' greenstrip. The Director of Planning & Inspection referred the Council to pages one through three of the February 27, 1986 Planning Commission minutes and the attached informational sheet on Application Nos. 85038 and 85039 attached with those minutes. He proceeded to review the application and noted that the Planning Commission recommended approval of Application No. 85038 subject to the eight conditions which can be found on page three of the February 27, 1986 Planning Commission minutes. He added the Planning Commission recommended denial of Application No. 85039 on the basis that there is no hardship in providing the required 15' greenstrip along 66th Avenue North. The Director of Planning Inspection stated that a public hearing is scheduled, notices have been sent, and a representative of the applicant is present at this evening's meeting. Councilmember Hawes asked if there were enough parking spaces for the addition. The Director of Planning & Inspection stated that there would be more spaces than required by ordinance. Mayor Nyquist asked if any land on the east side of the lot was being taken by MN /DOT. The Director of Planning & Inspection stated that there was no land being taken on the east side and that the lot line would remain the same. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 85038 and 85039 submitted by Robert Schell requesting site and building plan and variance approval to expand the dental clinic at 412 66th 3 -10 -86 -5- 66th Avenue North. 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 otion to m 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 Nos. 85038 and 85039 submitted by Robert Schell. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Planning Commission Application No. 85038 submitted by Robert Schell requesting site and building plan approval to expand the dental clinic at 412 66th Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits- to assure the completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6 An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance, including the additional greenstrip to be provided adjacent to 66th Avenue North. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The plans shall be modified prior to the issuance of permits to indicate a 15' greenstrip adjacent to 66th Avenue North. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to concur with the Planning Commission's recommendation to deny Planning Commission Application No. 85039 on the basis of a finding that the excess right -of -way exists to the east of the clinic and that there is no hardship in providing the required 15' greenstrip. The motion passed. 3 -10 -86 -6- PLANNING COMMISSION APPLICATION NO. 86007 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE THE LAND SURROUNDING THE EARLE BROWN FARM SITE City Manager noted this item was recommended for approval by the Planning Commission at its February 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages three and four of the February 27, 1986 Planning Commission minutes and the attached informational sheet on Application No. 86007 attached with those minutes. He proceeded to review the application and noted that the Planning Commission recommended approval of Application No. 86007 subject to the four conditions listed on page four of the February 27, 1986 Planning Commission minutes. He reviewed the four conditions and noted a public hearing is scheduled for this evening and notices have been posted. He noted that the two ponds shown on the plans are on the agenda for the Shingle Creek Watershed Management Commission this coming week. Councilmember Hawes asked if the Watershed Commission has the final say in this matter. The Director of Public Works stated that the Watershed Commission can only make decisions regarding the ponds. Councilmember Hawes asked who from the City of Brooklyn Center serves on this commission. The Director of Public Works stated that he does serve on the commission and that there are nine representatives on the commission, one from each City. The City Manager stated that one of the concerns in the Year 2000 Report was the possibility of flooding from construction in upstream cities. The Director of Public Works briefly reviewed the Watershed Commission and some of their basic regulations. There was a lengthy discussion regarding the Watershed Commission and their recommendations for or against the ponds. Councilmember Theis stated that the more stringent the regulations are from the Watershed Commission the better off Brooklyn Center,will be. The Director of Public Works stated that the runoff from this area would naturally drain into Shingle Creek, but that because of the storm sewer system on Shingle Creek Parkway it would run into the Mississippi River. He added that if the storm sewer is full the overflow would run west to Shingle Creek. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86007 submitted by the City of Brooklyn Center requesting preliminary q g p m ar plat approval to resubdivide the land surrounding the E Y A PP g e axle Brown Farm site. 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 Planning Commission Application No. 86007 submitted by the City of Brooklyn Center. The motion passed There was a- motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 86007 submitted by the City of Brooklyn Center requesting preliminary plat approval to resubdivide the land surrounding the Earle Brown Farm site, 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 -10 -86 -7- 3. The following easements shall be indicated on the preliminary plat prior to final plat approval: a. A utility easement for sanitary and storm sewer through Lot 4. b. Storm water retention areas for ponding of runoff. c. Easements for cross access to lots within the plat. 4. The plan for grading, water retention and water quality for the entire plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. The motion passed. PROCLAMATON Councilmember Hawes introduced the following proclamation and moved its adoption: DECLARING APRIL 6 12, 1986 AS PEACEMAKER WEEK The motion for the adoption of the foregoing proclamation was duly seconded by Councilmember Scott, and the motion passed unanimously. Councilmember Theis stated that the noise reduction project for the Council Chambers did not seem to work. The Director of Public Works stated that the first stage in noise reduction is finished and that it has not substantially reduced the problem in the Council Chambers. However, the project has been very successful in the Quiet Room. The City Manager stated that staff is looking at other alternatives. OTHER BUSINESS The Manager directed the Council to the Action Alerts that were included in their Council packets. He stated that Housing *Coordinator Brad Hoffman was present this evening to discuss some of these items. The Housing Coordinator stated that H.F. 2467 deals with tax increment financing in Minnesota and that there are some significant changes being proposed. He noted that tax increment financing has been used with the Brookwood Project and the Earle Brown Farm. He added that industrial revenue bonds are becoming a thing of the past but that housing revenue bonds are the new development tool. The Housing Coordinator stated that the three changes with the most effect would be to limit the amount of the Tax Increment Financing District to 10% of the assessed value of the City; to limit the total amount of a bond issue to 7 1/2% of the total assessed value of the City; and that the Tax Increment District could not be used to finance public improvements which could be assessed. The City Manager stated that tax increment financing is the only tool left available to cities and that the Legislature keeps imposing stricter regulations on this type of financing. He added that the City would like to have the Council's permission to contact the Legislature regarding these bills. The Housing Coordinator then briefly reviewed H.F. 2442 which is a bill contemplating a Hennepin County Housing Redevelopment Authority. The City Manager 3 -10 -86 -8- stated that there really is no need for this program and that staff is not aware of any other suburb supporting this program. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to give authority to the staff to approach the Legislature to oppose the parts of these bills which the City disagrees with. ADJOURNMENT There was a motion b� Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 8:58 p.m. City Clerk Mayor 3 -10 -86 -9- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A PETITION AND AGREEMENT REGARDING SPECIAL ASSESSMENTS WHEREAS, representatives of the Housing and Redevelopment Authority in and for the City of Brooklyn Center (HRA) and the City of Brooklyn Center (City) have presented to the HRA a proposed agreement entitled: "Petition and Agreement Regarding Special Assessments" by and between the HRA, Brookdale III Limited Partnership and Brockdale Corporate Center A Limited Partnership; and WHEREAS, the City has reviewed such agreement and the Project proposed therein and finds that the same are appropriate and in furtherance are the Earle Brawn Farm Redevelopment District; and NCW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follow: 1. The proposed Petition and Agreement Regarding Special Assessments is hereby approved. 2. The Mayor and City Council are hereby authorized to execute such contract in the name of and on behalf of the City. 3. The Mayor and City Council are hereby authorized to take such steps as are necessary to carry out the objectives of the City thereunder as may be required of the City pursuant to the terms of the agreement. 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. 7 PROCLAMATION DECLARING APRIL 12, 1986 AS A DAY OF SPIRITUAL REDEDICATION AND PEACEMAKING IN BROOKLYN ENfiER WHEREAS, in 1952, an event was inaugurated by Christian leadership groups in the United States Senate and the House of Representatives; and WHEREAS, the Annual Presidential Prayer Breakfast has become a time for the rededication of the individual and the Nation to God; and WHEREAS, a voluntary committee of concerned citizens have joined together to stage the Annual Brooklyn Center Prayer Breakfast on Saturday, April 12, 1986, at the Holiday Inn for a similar rededication of local community leaders and business representatives and all citizens of our City to high Judeo- Christian ideals; and WHEREAS, Dr. James Mason, a dedicated theologian relevant to the decade of the 1980 has consented to be the featured speaker for this event; and WHEREAS, the week of April 6 -12, 1986 has been declared "Peacemaker Week in Brooklyn Center" to encourage and enhance relationships; NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby designate April 12, 1986 as "A DAY OF SPIRITUAL REDEDICATION AND PEACEMAKING IN BROOKLYN CENTER" calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self - evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men ". Date Mayor Seal Attest Clerk g� CITY 6301 SHINGLE CREEK PARKWAY : BYROOKLYN OF BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works FROM H.R. Spurrier, City Engineer DATE: March 14, 1986 RE: Final Plat 7100 Corporate Plaza 2nd Addition Mr. David Nelson, developer of the above - referenced plat, has petitioned the City Council to approved the final plat of 7100 Corporate Plaza 2nd Addition. The land is located adjacent to Brooklyn Boulevard in the 7100 block on a site that was formerly the site of the Brooklyn Center City Hall. Conditions placed on the preliminary plat by City Council at its January 27, 1986 meeting are as • follows: 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 City Ordinance. 3. An easement agreement to provide access to Lot 2 across Lot 1 of the proposed plat shall be approved by the City Attorney and filed with the plat at the County. 4. A utility easement shall be indicated on the preliminary plat for all common utilities prior to release of the final plat for filing. 5. Site and building plans for the second phase of the office complex shall be revised providing for a minimum 10 foot sideyard setback along the West property line (other setback requirements assumed to be met). Conditions 1, 2, 4 and 5 have been met. Accordingly, we recommend approval of the final plat subject to the following conditions: 1. Receipt of a title opinion from the City Attorney certifying to confirm the appropriate parties responsible for signing the plat. u 'llcc .$oNwgC nZou (� �� March 14, 1986 Page 2 2. Execution of an easement agreement to provide access to Lot 2 across Lot l of the proposed plat, approved by the City Attorney and filed with the plat at the County. 3. Payment of all City Attorney fees incurred in the review of the plat. R s tfu submitted, Appxo d fo submittal y h d r- Ae R p rier S KIapp Cit Engi eer Director of Public Works HRS : j n i V .7100 CORPORATE PLAZA 2ND ADDITION � \ Egs r T �'• --501-96 - - — o le ar Co.:oe,1 �ti ♦ I Pcwe^ Po,e p � � • \ `�1 ` 0 � r' 'rt _ =;✓st " sill °w � _ ' _ —� , ou \ w �, h- \ ��.� � �400;i,.• Jf9'6 —Z_ _ _ - � jai` cy � Ln Tz i f z. SB9 \ l7 v b LR G- V F _ W. 383.20 -- c- `4 m c CITY 6301 SHINGLE CREEK PARKWAY OF TT T B ROO YN BROOKLYN CENTER, MINNESOTA 55430 l� TELEPHONE 561 -5440 E C ENTE EMERGENCY - POLICE - FIRE' 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: March 19 1986 RE: Final Plat - Brooklyn Farm First Addition Mr. James T. Zahn, Ryan Construction Company, the developer of the above - referenced plat, has petitioned the City ouncil to approve the final plat of y PP P Brooklyn Farm First Addition located West of and adjacent to the Historic Earle Brown Farm and bounded by Summit Drive and Earle Brown Drive (see attached copy of final plat). Conditions placed on the preliminary plat by the City Council at its March 10, 1986 meeting are as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to provisions of Chapter 15 of the City Ordinances 3. The following easements shall be indicated on the preliminary plat prior to final plat approval. a. a utility easement for sanitary and storm sewer through Lot 4 b. storm water retention area for ponding of runoff c. easements for cross access for lots within the plat. 4. The plan for grading, water retention and water quality for the entire plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. While the approved preliminary plat includes all properties owned by Ryan Construction and b the City it of Brookl r wi thin the Earle Bro wn Drive y y Cente i yn "horseshoe" (see attached copy of preliminary plat), the currently- proposed final plat includes only the property owned by Ryan Construction Company (i.e. lots 2 and 3 as shown on the preliminary plat become lots l and 2 of this final �I plat). The reasons for not including the City -owned properties in this plat are that (a) the title papers for the purchase of the "Texas Air" property have not Sxw� Nam March 19, 1986 is Page 2 yet been finalized; and (b) the City needs to clarify the ownership status of "Tract H" of R.L.S. 1380 (i.e. the Easterly leg of Earle Brown Drive) and process street vacation proceedings covering a portion of this tract; and (c) limiting the plat to the Ryan -owned properties simplifies the dedication requirements for the plat. Regarding this First Addition, Conditions No. 1, 2 and 4 of the preliminary plat approval have been met. Condition No. 3 will be met if the final plat is approved subject to the following conditions: 1. Receipt of title opinion from the City Attorney to confirm the appropriate parties responsible for signing the plat. 2. The following easements shall be indicated on the final plat: a. an easement for a sanitary sewer main to serve the property shown as lots 1 and 4 in the preliminary plat of Brooklyn Farm (i.e. the City -owned property) b. drainage easements for the proposed storm water retention pond and for the proposed storm sewer outfall line. 3 Execution of an agreement to provide the following: a. easements for cross access with the property shown as lots 1 and 4 in the preliminary plat of Brooklyn Farm (i.e. the City -owned property) b. execution of a water and sewer main and fire hydrant maintenance and inspection easement agreement. c. execution of a maintenance and inspection agreement covering the storm water retention pond and the storm sewer outfall line. 4. Payment of all City Attorney fees incurred in the review of the plat. sp submitted, Appro ed for submittal, Su ier S napp City En i eer Director of Public Works cc: James T. Zahn, Ryan Construction Company Brooklyn Farm Plat File HRS : j n BRKFARM R.L.S. \:a: i r • OC _ 494:1 TIC �: - � sa.y_ _ gat. J.- t 1 �•. _ —_ ,— .- ••_... �_..._� 1 LC) E„ oscd : 1 IQt - y / L tv .; C,• Brookly fig Farm FOR l3rookdola Gorporoty Cantar !I RYAN CONSTRUCTION 900 SECOND AVENUE S. c••cw ,vcn: e;• rn /i .iyarOn! ,� .�:w' Ga9oronJ Eorlt Sipwn On ✓e Jro i..mmr.' Jrne .`,e\ai,on= 34.$: ?s rxt.- MINNEAPOLIS, MN - 55402 LEGAL DESCRIPTION S.T. BROOD LY FARM I IUD D N 87 ° 14 3B W . DRIVE 331,0 ° -' 0 1 1 a a i N BI° 14' 38 W QUO K i °0 y 0 m n c 07 r� (n - T 522.06 i 11) NS'7 °14'38 "W 1 0 !�1 I 0 sa '1 ° 14'36 "E n` ` �` A o, 140.01 cr m \ U 0 ►� ` . 1 40-21B-- -r tdn,• ,? <l� W o R =65p.00 r N 0 S �" 40'. Utility Easa.ma•nt .. �S- N 85 25'40 :W" d� . 6 Q _ l A Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TABLING THE BIDS FOR PROJECT NO. 1985 -27 AND 1986 -07, CONTRACT 1986 -G (SHINGLE CREEK PARKWAY STREET IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that consideration of the bids for Project No. 1985 -27 and 1986 -07, Contract 1986 -G, Shingle Creek Parkway Street Improvements is hereby tabled until the meeting of April 7, 1986 at which time City Council will consider the award of the contract. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER EMERGENCY- POLICE -FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H. R. Spurrier, City Engineer DATE: March 20, 1986 RE: Shingle Creek Parkway Street Improvement Project Nos. 1985 -27 & 1986 -07 Contract 1986 -G The City of Brooklyn Center received bids March 13, 1986 at 11:00 a.m. A tabulation of those bids follows: I Bidder Amount of Bid Alber Construction $ 326,187`.70 Alexander Construction 333,311.45 Valley Paving, Inc. 339,792.28 Hardrives, Inc. 359,920.95 C.S. McCrossan, Inc. 368,825.05 The Engineer's Estimate for the project was $378,102.25. We were pleased that the bidding was extremely competitive as evidenced by the three low bids. This project is funded by the Regular Municipal State Aid Account. Before the Regular State Aid Account funds may be encumhrred, the City must have approval by the State Aid office of the Minnesota Department of Transportation. That approval is expected to come by the week of March 31. It is, therefore, necessary to table consideration of the bids until after State Aid approval. It is recommended that City Council adopt the attached resolution tabling the bids for Project Nos. 1985 -27 and 1986 -07, Contract 1986 -G, Shingle Creek Parkway Street Improvements. 4 i Respe lly submitted, Approv d for submittal, er Sy Kapp City Eng eer Director of Public Works HRS : j n �6 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING ADEQUACY OF PETITION, ESTABLISHING PROJECT, RECEIVING ENGINEER'S REPORT, ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1986 -08 CONTRACT 1986 -I WHEREAS, A certain petition requesting the construction of a storm water holding pond and appurtenant structures and facilities serving Tracts A, B, C, D, E, F, G and H of Registered Land Survey No. 1594 was filed with the City Council on March 24, 1986; and WHEREAS, the City Engineer has advised the City Council that said petition was signed by all owners of property abutting upon and benefited by said improvement; and further that within said petition, the petitioners specifically waive any such rights contained in Minnesota Statutes, Section 429.031, Subdivision 3; and WHEREAS, a feasibility report regarding the proposed improvement has been prepared by Westwood Planning and Engineering Company: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The etition requesting the proposed improvement is hereby P q g P P P y declared adequate in conformity with Minnesota Statutes, Section 429.035. 2 The proposed project is hereby established as: BROOKLYN FARM STORM SEWER IMPROVEMENT PROJECT NO. 1986 -08 3. The accounting for this project will be done in the Special Assessment fund. 4. The Council authorizes the issuance of a Master Improvement Note to provide construction financing for this improvement. 5. The report prepared by Westwood Planning and Engineering Company, is hereby received by Council. 6. The estimated cost of the project is $168,543.00. 7. The Council will consider the improvement pursuant to Minnesota Statutes, Chapter 429, in accordance with the report, and the assessment of benefited property for the entire cost of the improvement as detailed in the petition. RESOLUTION N0. 8. It is hereby determined that it is necessary and in the best interests of the City and the owners of property specially benefited thereby that the proposed improvement be constructed. Accordingly, the project shall be constructed. 9. Plans and specifications for this improvement (Project No. 1986 - 0$ Contract 1986-1), prepared b Westwood Planning and )� P P Y g Engineering Company are approved and ordered filed with the City Clerk. 10. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than twenty -one (21) 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 13:00 A.M. on April 17, 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 at 7 :00 P.M. on April 28, 1986, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check a Cit for 5 p ercent of the r p ayabl e to the y p amount of such bid. - Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE = FIRE 911 TO: Sy Knapp, Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: March 21,'1986 RE: Brooklyn Farm Storm Sewer Project No. 1986 -08, Contract 1986 -I Pursuant to the "Contract for Private Development" of the Historic Earle Brown Farm site, the City has agreed to initiate a Chapter 429 Public Improvement Project to build storm sewer and appurtenant facilities. In accordance with the "Petition and Agreement Regarding Special Assessments ", the parties to the agreement have submitted a petition from 100 percent of the property owners. As a result, the attached resolution receives and declares the adequacy of the petition, establishes the project, receives the Engineer's Report, 'orders the improvement, approves plans and specifications and orders the advertisement for bids. All of the project development has required close coordination between the City and the developer in order to meet the schedule proposed in the contract for private development. Adoption of the resolution meets the anticipated schedule. Pursuant to the contract, the developer has approved the plans for the storm water holding nd and outfall. The plans have also b reviewed g P p s ha is been r sewed and approved by the City Engineer. Therefore, it is recommended that the City Council adopt I'IIthe attached resolution. Res e u submitted, Approved for submittal, .R. purr r S Vpp City Engine Director g Dire of y Public Works cc: File 1986 -08 HRS: jn .. ?li MViE TWOOD PLANNING & ENGINEERING COMPANY ENGINEER'S REPORT March 20, 1986 Earle Brown Farm Redevelopment Project Project No. 1986 -08 Contract No. 1986 -I PROJECT DESCRIPTION: Drainage pond construction, storm sewer inlets, storm sewer outfall line, and augmentation well PROJECT LOCATION: Earle Brown Farm Site between Summit Drive and Earle Brown Drive DISCUSSION: In February, 1986 a drainage study by Westwood Planning S Engineering Company was completed for the Earle Brown plat located north of Summit Drive and east of Earle Brown Drive. Drainage plans were completed for four lots within the plat. Lot 1: Earle Brown Farm Property Lot 2: Ryan - Phase IV Lot 3: Ryan - Phase III Lot 4: Biesner - Senior Citizen's Housing !' The drainage study utilized the Shingle Creek Watershed District interim guidelines dated January, 1986. In order to control storm water run -off rates, water quality and sediment control it was determined that two water storage ponds on the plat were necessary (see Figure 1). The easterly portion of the plat, lot 4 - the Biesner site, is proposed to have a small pond (less than 1 acre-foot storage) constructed south and west of the proposed parking garage. This pond will collect the storm water from the Biesner site before it outflows to the primary storm sewer trunk line on Summit Drive. Another pond (approximately 1.5 acre-foot'storage) is proposed to be constructed on portions of lots 1, 2 and 3. This pond will drain the Earle Brown farm site and the Ryan sites prior outflowing to the primary storm sewer trunk line on Summit Drive. Both of these storm drainage ponds are designed with an impervious bottom to hold water at all time, similar to the retention pond west of City Hall. This feature in conjunction with appropriate landscaping and physical amenities will serve as an attractive feature to the development on the 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 546-0155 four lots. Additionally, the ponds have been designed to meet the require- ments of the Shingle Creek Watershed District. On March 13, 1986 the preliminary storm drainage and erosion control plans were approved by the Shingle Creek Watershed District Board of Commissioners at their regularly scheduled monthly meeting. Final design plans and specifications have been prepared and costs deter- mined for the Earle Brown Project No. 1986 -08. Work includes construction of a storm sewer pond serving development on Lots 1, 2 and 3; storm sewer inlets and outflow lines; landscaping amenities and an augmentation well. Specific details of the project include (See Figure 2): INLETS - Four storm sewer inlet lines collect water from Lots 1, 2, and 3. Only the inlets and storm sewer stubs beyond the construction limits of the pond are included in Project No. 1986 -08. POND - A storm drainage pond, as described on Figure 2, is proposed to be constructed as part of Project No. 1986 -08. Included in the pond construction is dewatering, grading, a clay liner placement, rock for erosion control, sodding above the high water line, a fountain within the pond, an irrigation system for the landscape around the pond and a five foot bituminous trail around the pond at the outer limits of construction. AUGMENTATION WELL - During dry periods of the summer months evaporation will cause the pond water level to lower. An augmentation water line is proposed from the existing Earle Brown farm house water well to the storm sewer inlet line. This connection will be utilized during periods of the day (early morning hours) when the well is not being used by the residents of the farm house. 4 OUTFALL LINE - A 42" outfall storm sewer line is proposed to be constructed from the west side of the pond to a connection point at the existing storm sewer line in Summit Drive. A skimmer device will be constructed as part of the outfall line. This device, required by the Watershed Disrict regu- lations, will not allow oils and debris from the parking lot and surface areas of the site to outflow from the pond. Regular maintenance of the pond will be required to remove the debris. Below is an estimate of cost delineated in these four categories. The overall improvement cost estimated for 1986 -08 is $168,543.00. Inlets Inlet No. 2 (north side of pond) Construction Cost $3,383.00 Contingency 10% 338.00 Administration 1% 34.00 Engineering Design 5% 169.00 Construct. Inspect. /Survey 5% 169.00 Sub Total $4,093.00 • 2 ti Inlet No. 2 (serves Earle Brown Farm site) Construction Cost $ 4,981.00 Contingency 10% 498.00 Administration 1% 50.00 Enginering Design 5% 249.00 Construct. Inspect. /Survey 5% 249.00 Sub Total $ 6,027.00 Inlet No. 3 (south to Ryan parking lot) Construction Cost $ 7,127.00 Contingency 10% 713.00 Administration 1% 71.00 Engineering Design 5% 356.00 Construct. Inspect. /Survey 5% 356.00 Sub Total $ 8,623.00 Inlet No. 4 (west to Ryan cul -de -sac) Construction Cost $ 3,802.00 Contingency 10% 380.00 Administration 1% 38.00 Engineering Design 5% 190.00 Construct. Inspect. /Survey 5% 190.00 Sub Total $ 4,600.00 POND Construction Cost $ 59,500.00 . Contingency 10% 5,950.00 Administration 1% 595.00 Engineering Design 5% 2,975.00 Construct. Inspect. /Survey 5% 2,975.00 Sub Total $ 71,995.00 AUGMENTATION WELL Construction Cost $ 3,000.00 Contingency 10% 300.00 Administration 1% 30.00 Engineering Design 5% 150.00 Construct. Inspect. /Survey 5% 150.00 Sub Total $ 3,630.00 OUTFALL STRUCTURE & LINE Construction Cost $ 57,500.00 Contingency 10% 5,750.00 Administration 1% 575.00 Engineering Design 5% 2,875.00 Construct. Inspect. /Survey 5% 2,875.00 Sub Total $ 69 Summation $168,543.00 3 ' L SUMMARY Construction Cost $139,293.00 Contingency 10% 13,929.00 Administration 1% 1,393.00 Engineering Design 5% 6,964.00 Construct. Inspect. /Survey 5% 6,964.00 Sub Total $168,543.00 CONCLUSION AND RECOMMENDATION: The improvements as described herein are feasible under the conditions outlined and at the cost estimated. It is recommended the City Council approve Project No. 1986 -08 and authorize staff to prepare advertisement for bids. If approved, the bid advertisements for the project would appear in the local newspaper on March 27 and on April 4 p 1 3 and in the Construction Bulletin an March 28 and April The bid opening would be on April 17 and the bid award would be scheduled for the City Council meeting on April 21, 1986. Respectfully submitted, WESTWOOD PLANNING & ENGINEERING COMPANY Richard c and L. Ko P. PPY� • Vice- President Registration No. 11083 RLK:js I, i 4 t O r "4 ' i. mo Zo p'v - - -- -- - -- — -- - 64 o k �•, ' CL icz Si •• 64 „P �,` � 2c \ G � ' j i — - f 'OZ • :t _ �• , � 3 ` a p f Y; ��• . t or.sg w4cp ,17 i• SKIM N Co ROL / Q ` oe f 2 b K 11 v` ^OfCf�':I:i1:TE Wit' 1 ' DOUBLE POND ALTERNATIVE �0 , f o 844 _ -- 9b ` 84 v I HAL INS S'Qi.P. iD •p I N R01 X 849 - - 11 x/23 • h � 8 -7 T. lo 201 • 7 8'Ot v 4 WESTWOOD PLANNING dl ENGINEERING COMPANY FI 2 741S WAYZATA BOULEVARD, MINNEAPOLIS, MN. SSM (612) 64601SS 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 March 24, 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. AUCTION LIST NO. ITEM 500 Desk 501 Desk 502 Metal Coat Rack - 7 1/2 feet 503 IBM Executive, Typewriter 504 Remington Rand 10 Key adding machine 505 File cabinet - 30 11 h x 20 11 w 506 File cabinet 30 11 h x 20 1 tw 507 Drinking fountain - Elkay 508 Orange Metal Box - 20" x 24" x 4" 509 Tin Shelf - 8 11 w x 30 11 h - 2 shelves 510 Sauna Heater with rocks 511 Waste Basket - 8" x 20 11 ,x 20" 512 Waste Basket - 8" x 20" x 20" 513 Waste Basket - $" x 20" x 20" 514 Computer Table 515 Black Swivel Chair 516 Black Swivel Chair 517 Black Swivel Chair 518 Gray Desk 519 3 -M Copier with 3 rolls paper 520 Samsonite Card Table 521 Samsonite Folding Chair 522 Small Flourescent Light 523 Small Flourescent Light 524 Large Flourescent Light 525 Large Flourescent Light 526 Large Flourescent Light 527 Rug 6' x 20 528 Rug 3 x 6' 529 Scale 530 Table glass and chrome 531 Cart with wheels 532 Wire Basket Shelf 533 Wire Basket Shelf 534 Gray Kwiks Box Kwik File r t ile - 535 8 x 48 536 Brown Metal Drawer 537 Brown Metal Drawer 538 Brown Metal Drawer Brown w 539 o n Drawer 540 Brown Metal Drawer 541 Brown Metal Drawer 542 Brown Metal Drawer 543 Brown Metal Drawer 544 Brown Metal Drawer 545 Brown Steel Table 14" x 24" 546 Typewriter Table gray 547 AB Dick Supplies (box) 548 Cabon Paper (box) 549 Light Fixture round black 550 Light Fixture - round black 551 Light Fixture - round black 552 Light Fixture round black 553 Antique Hand Pump 554 Antique Hand Pump 555 Wooden Shelf - gray - 48 x 30 x 10" 556 Wooden Shelf 4 x 8'w 557 Black Board 36" x 48 with 4 shelves 558 Waste Basket 12" x 12" x 18" 559 Waste Basket 12" x 12" x 18" 560 Waste Basket 12" x 12" x 18" 561 Waste Basket 12" x 12" x 18° 562 Waste Basket 12" x 12" x 18" 563 Metal Box with 3 drawers 564 Wooden Easel 565 Wooden Easel_ 566 Wooden Easel 567 Wooden Easel 568 Wooden Easel 569 Wooden Easel 570 Glass Cabinet for Fire Extinguisher 571 Floor Squeegees (5) 572 30 Gallon Barrel - aluminum 573 Fire Extinguisher - red 574 Fire Extinguisher - red 575 Fire Extinguisher - red 576 Fire Extinguisher - red 577 Fire Extinguisher - chrome 578 Fire Extinguisher - chrome 579 Fire Extinguisher chrome 580 Fire Extinguisher chrome 581 Fire Extinguisher chrome 582 Swivel Chair - orange 583 Blue Chair 584 Desk Chair - green 585 Desk Chair with arms - green 586 Swivel Chair - gold 587 Swivel Chair - brown 588 Swivel Chair - gold 589 Swivel Chair with arms - green 590 Swivel Chair - gold 591 Chair with arms - green 592 Chair with arms green 593 Chair with arms - green 594 Swivel Desk Chair - green 596 Swivel Desk Chair = brown 597 Swivel Chair - brown 598 Swivel Chair brown 599 Patio Chair - blue and white plastic 600 Patio Chair blue and white plastic 601 Patio Chair blue and white plastic 602 Patio Chair blue and white plastic 603 Patio Chair - blue and white plastic 604 Patio Double Chair - blue and white plastic - 605 Swivel Chair with arms - green tweed 606 Stack Shelves - gray plastic (18) 607 Single Pedestal Desk 608 Secretary Chair 609 Calculator - Brother 610 GAF 35 EE Camera 611 Vivitar Flash Attachment 612 Calculator Texas Insturments 613 Remington 10 Key adding machine 614 Electric Stapler staplex S422353 615 Calculator - Adler 120P - S#71532609 616 Pocket Recorder - Craig S#853713 617 Pencil Sharpener - Brother 618 Michelin X - E -22. Pilote ZA- R 5 to e X 315/75 R22.5 619 Michelin X - E -22.5 Pilote XZA- 315/75 R22.5 620 Michelin X - E -22.5 Pilote XZA- 315/75 R22.5 621 Michelin X - E -22.5 Pilote XZA- 315/75 R22.5 622 General 1OX22.5 and Split Rim 623 Armstrong tire on Chevy Wheel F -78 -14 624 Goodyear Tracker XG M & X NDA8 X20253 625 UniRoyal Laredo LTLR /S - 8.75 R16.5 626 Credenza - 6 brown 627 Table 24 x 54 628 Hudson Wall Map, 76 1/2 wide 629 Dymo Tapewriter 630 Anti- static chair mat - 60 x 38" with lip 631 Simplicity Snowblower S#013301 W70402 632 Paint Sprayer - Stewart Alemite Model 7905 S#352396 633 Hayrack Trailer (vehicle #64) 634 Swingline Stapler 635 Pilot Stapler 636 Micro -West Computer Terminal 637 Printer - Okidata Model #U80 638 Direct Computer Terminal M *t825 S/tDCO234 639 Direct Computer Terminal IV825 S#DC0147 BICYCLES FOR AL;CTION 101 Red 10 speed bicycle 102 Pink Huffy girls bicycle 103 Chrome 20" boys bicycle 104 Green Hiawatha boys bicycle 105 Blue J.C.Penneys girls 10 speed bicycle 106 Blue /gray Murray girls bicycle 107 Yellow and Brown Huffy boys bicycle 108 Pink Sears girls bicycle 109 Blue Huffy girls bicycle 110 Blue Tyler dirt bike ill White Huffy girls bicycle 112 Orange Sears 10 speed boys bicycle 113 Blue boys BAU'r bicycle 114 Pink Huffy girls bicycle 115 '?.ed Fuji boys bicycle frame 116 Black Schwinn boys bicycle 117 Red Master boys 10 speed bicycle 118 Black and Gold K -Mart bicycle 119 Purple girls bicycle 120 Blue Wiseco boys bicycle 121 White Justus Brothers boys bicycle 122 Red Free Spirit boys 10 speed bicycle 123 Brown Raleigh girls 3 speed bicycle 124 Maroon Free Spirit 10 speed bicycle 125 White Huffy girls bicycle 121E Red Huffy boys BMX bicycle 127 Blue Huffy boys 10 speed bicycle 128 Yellow Schwinn boys bicycle 129 Gold rzurray boys bicycle 130 White Huffy boys bicycle 131 Yellow.boys bicycle 132 Red Randor boys 10 speed bicycle 133 Blue Mishiki boys bicycle 134 Brown AMF Roadmaster girls bicycle 135 White 2 to huffy 1� speed bicycle 136 Bro wn 'H oli d a y 3 speed bicycle 137 Blue Huffy 15 speed boys bicycle Pg 2 - Bicycles for Auction 138 Blue Columbia boys 10 'speed bicycle 40 139 Blue Huffy girls bicycle 140 Blue Free Spirit girls bicycle 141 Blue Raleigh 10 speed bicycle 142 Maroon Nishiki boys 10 speed bicycle 143 Blue Schwinn boys 10 speed bicycle 144 Black /White Huffy.boys bicycle 145 Yellow Huffy boys 10 speed bicycle 146 Red girls bicycle 147 Blue Foremost girls bicycle 148 Red Schwinn Letour II boys bicycle 149 White Coast King girls bicycle 150 Chrome Murray boys bicycle 151 Gray Huffy Strider boys bicycle 152 Yellow Huffy boys BMX bicycle 153 Green Huffy Sportsman boys bicycle 154 Maroon Murray dirt bike 155 Pink Iverson Grand Touring girls 10 speed bicycle 156 Red Gemini boys bicycle 157 Tan Wards boys bicycle 158 Green Raleigh boys 10 speed bicycle 159 Blue _Rampar boys bicycle 160 Black Huffy boys bicycle 161 Blue /White Schwinn girls bicycle` 162 Pink Murray Monterey girls 3 speed bicycle 163 Yellow Huffy Pro Thunder dirt bike 164 Brown Raleigh boys bicycle 165 Red Roadmaster Scorcher boys 10 speed bicycle 166 Green Wards 3 speed bicycle 167 White Ted Williams 10 speed bicycle 168 Light blue Schwinn LeToure boys 10 speed bicycle 169 Red /Blue Huffy Olympia boys bicycle 170 Gold Schwinn All Pro dirt bike 171 Blue Murray girls 10 speed bicycle 172 _Blue girls bicycle 173 Maroon Murray Sebring 10 speed bicycle 174 Silver Moto Becane bicycle frame 175 White Huffy girls bicycle 176 Blue Gambles girls bicycle Pg 3 Bicycle for Auction 177 Blue and white boys bicycle 178 White Wards boys ,5 speed bicycle 179 Gold Tease boys 10 speed bicycle 180 Gray Schwinn 10 speed bicycle 181 Black AMF parliament boys 3 speed bicycle 182 White Huffy Roadside Cruiser bicycle 183 Blue Huffy Omni boys 10 speed bicycle 184 Chrome Hutch BMX boys bicycle 185 Pink and White plastic tricycle 186 White bicycle with blue seat VEHICLES FOR AUCTIOPI 201 Black 1975 Honda Motorcycle, serial #CB4501030953 202 Red 1972 Kawasaki motorcycle, serial #GA325902 203 Black Honda motorcycle, serial #1010073 204 Black 1975 Suzuki motorcycle, serial #GT55057710 205 Orange 1971 Triumph motorcycle, serial #007727T25T 206 Green 1977 Olds Cutlass, serial #3J57R7M347723 207 Silver 1976 Ford LTD, serial #6P63H160290 208 Green 1071 International Dump Truck, serial #SB538853B i r PROPERTY FOR AUCTION 301 Black plastic tricycle 302 Black plastic tricycle 303 Picnic table umbrella 304 Rattan chair 305 Tan and brown dufflebag & brown backpack 306 Umbrella 307 Camera bal and book 308 Gooseneck lamp 309 Bed lamp 310 VHS VCR tape 311 Calculator 312 Stereo receiver and turntable mat 313 Speakers 314 White Nike tennis shoes 315 Red tennis shoes 316 Poker chips and mat 317 Iron 318 Phonograph cartridge 319 Phonograph cartridge 320 phonograph cartridge 321 Phonograph cartridge 322 Ceptre telephone 323 Ceptre telephone 324 22 phonograph records 325 Receipt book 326 Stereo headphones 327 Assorted plastic holders and stapler 328 Suitcase 329 Suitcase 330 Suitcase 331 2 pair suede slacks 332 3 pair leather slacks 333 Black jacket 334 Black jacket 335 Black jacket 336 Black jacket Pg 2 - Property for auction 337 Blue jacket 338 2 pair black jeans 339 3 piece suit 340 Assorted shirts 341 Assorted shirts 342 Assorted shirts 343 Assorted shirts 344 Assorted shirts 345 Assorted sweaters 346 Assorted sweaters 347 Assorted slacks 348 Assorted slacks 349 Assorted slacks 350 2 alarms 351 Sander 352 Emerson Cassette player 353 2 speakers 354 2 pair sunglasses 355 Knife 356 2 Johnson handi- talkies 357 Cooler 358 Tape case with tapes 3.59 Cooler 360 Game books 361 Tape case with tapes 362 Pair jeans 363 Hunting bow with arrows in case 364 Green suitcase 365 Fan 366 Brown case 367 CB radio 368 2 posters 369 2 posters 370 Pair jeans and scarf 371 Duffle bag 372 Telephone 373 Speaker 374 Blue bag pg 2 - Property for Auction 375 Red nylon bag 376 Equalizer 377 Ring 378 Knife 379 Garbage can 380 Helmet 381 8 -track tape player 382 Weed Wacker 383 Tape player 384 Knife 385 5 -pair earrings 386 Bible 387 Necklace 388 Necklace 389 Cigarette case and lighter 390 calculator 391 3 tapes 392 3 Portable grills 393 Tape case with tapes 394 Cassette player 395 Bike tire and chain 396 2 blankets 397 1 box Acryliplate 398 1 box Acryliplate 399 1 box Acryliplate 400 1 box Polyglycoat 401 Sun lump 402 Sun lamp 403 Sun lamp 404 Sun lamp 405 Wagon 406 Vacuum cleaner �U Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, there is an appropriation in the amount of $1,545 in the 1986 General Fund Police Department Budget for a radar unit; and WHEREAS, the Chief of Police has advised the City Manager that the amount budgeted was for a stationary radar and that recent court rulings have made the use of stationary radar very difficult and that the use of a moving radar is much more efficient; and WHEREAS, the cost of the moving radar is $550 more than the cost of the stationary radar: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1986 General Fund Budget as follows: Transfer an appropriation of $550 from the Contingency Account in the Unallocated Departmental Expenses Budget (Account No. 4995, Unit No. 80) to the Other Equipment Capital Outlay Account in the Police Protection Budget (Account No. 4552, Unit No. 31). Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM - TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: ,March 7, 1986 SUBJECT: Purchase of Radar Equipment Approved in the 1986 Budget is $1,545 for a stationary radar. Stationary radar means that it must be used in a standing position. This cannot be used while the squad is in motion. This radar differs from moving radar in that moving radar can be used while the squad is in operation. Court requires that with moving radar the unit is calibrated at the start of the shift and at the end of the shift. The courts in the past used to accept this calibration procedure for stationary radar also. During the past year, a tendency has developed with some of the judges that requires the calibration of stationary radar units at each location the unit is used. This includes calibration before the unit is used at each location and calibration before the unit is moved to another location or the vehicle is assigned to other duties. This calibration of stationary radar at each location makes it impossible at times when cars respond to medicals or emergency type calls. The use of moving radar is not hampered by these procedures. The sales representative from Kustom Signals was contacted as to the cost of the various radars and any financing plans they may have. It was learned that the HR12 radar has been reduced in price nearly $500.00 this past year. The purchase price now stands at $2,095.00. The 1986 Budget has allotted $1,545.00. The difference between the two would be $550.00 if the unit was purchased outright. They also have a finance plan where it can be purchased in twelve (12) monthly payments of $192.00 each. This method would bring the cost up to $2,304.00, which includes $209.00 for the finance charge. If the moving radar was purchased with a nine (9) month cost during 1986, the cost from the 1986 Budget would be $1,728.00; leaving a balance of $576.00 . to be budgeted in 1987. To review, the department has four options. They are: 1. Purchasing the stationary radar unit for $1,545.00. 2. Deferring the purchase of a moving radar unit to the 1987_ Budget. Memorandum to Gerald G. Splinter Page 2 March 7, 1986 3. Financing the purchase of a moving radar unit in twelve (12) monthly payments spread over the two (2) years. 4. To purchase the .moving radar unit outright at a cost of $2,095.00. It is my understanding that option #4, with a differential of $550.00 would have to be approved by the City Council; transferring the funds from contingency. I would like to recommend that the options listed above be prioritized in reverse order; that is #4 being my first recommendation, #3 being second, et cetera. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A CONTRACT FOR OUTFITTING THE MOBILE COMMUNICATIONS VAN WHEREAS, the conversion of the Police Step Van will provide for a Mobile Communications Van; and WHEREAS, a quotation on the cost of conversion was obtained from only one company, Road Rescue, Inc., as it is the only available business in this area that can make such a conversion, and WHEREAS, the amount of the quotation for Road Rescue, Inc, to convert the Step Van to a Mobile Communications Van is $30,053.00; and WHEREAS, funds are available in Unit 34, Object 4553 in the amount of $36,652.00 for the Mobile Communications Van. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a contract with Road Rescue, Inca in the amount of $30,053.00 for converting the Police Step Van into a Mobile Communications Van is approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted aginst the same: whereupon said resolution was declared duly passed and adopted. BID: SALES PROPOSAL / CONTRACT UNIT N O. PAGE 2 DATE March 18, 1986 . 1133 RANKIN STREET • ST. PAUL. MINNESOTA 55116 -3117 • (612) 699 - 5588 Purchaser• City of Brooklyn Center Customer: Address: 6301 Shingle Creek Parkway City, State, zip:— City, State, zip: Brooklyn Center, Minnesota 55430 Contact: Chief Lindsay Tel. No. 561 -5440 Description: 1985 "STEP VAN" COMMUNICATIONS VEHICLE Year Chassis Model Type Floorplan GVW Mileage Serial Number Option i Opton Description No. P � t1ty. Price #1 Self contained Gas Generator - Reference, Phase I - #6. $ 4950.00 #2 Ceiling mounted air conditioner, heat and ven i a ion 312u. systems, Reference, Phase I - #11, Phase II -H and Phas #3 Radiant heat, wall mounting andelectric components, 425.00 R eference, Phase I - . #4 Heavy duty 12 volt storage battery system, Reference, 535 .00 P I - 0. #5 Wiring looms, electric apparatus and isolator, Reference, 420.00 ase - . 7T6 Wiring components, phones, modular plugs and hook -ups. 450.00 R eference, Phase III - #7 Wiring components for electrical power 110V and 12 volt 1703.00 Reference phase I - 4,# , =and #12, Phase III #6. #8 Total body insulation - walls and ceiling, Reference, 1140.00 P ase II - #9 Special floor covering - sound absorbing - 580.00 P ase III - #4. #10 Acoustical wall covering, soffits and ceiling, Reference 1830.00 P ase II - , #B, & #D. #11 Cabinetry for equipment, and console positions includes T 3900.00 command center, all seating and cabinetry, Reference Phase II - #E, #F, #G, & #I. al Toilet, screening and privacy drapes, Reference 5.00 Phase III - #2 and #3. 3 Labor costs - Installation, Reference Phase II #A 101 5.00 through #J, Phase I #2 and #3. TOTAL COST AS PROPOSED..... $30,053.0 q� Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AUTHORIZING THE PURCHASE OF AN ELECTRONIC TYPEWRITER FOR THE PUBLIC UTILITIES DIVISION WHEREAS, the typewriter used by the Public Utilities Division Billing Clerks is approximately ten years old, requires constant repair, and its performance is inadequate; and WHEREAS, the City Council has determined that the typewriter should be replaced: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be authorized to purchase a new electronic typewriter for the Public Utilities Division at a cost not to exceed $1,500. Date ...._._ _. Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PARTICIPICATION 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 WHEREAS, on February 14, 1983 by the adoption of Resolution No. 83 - by the City Council, the City of Brooklyn Center established a Employees Retirement Incentive Program; and WHEREAS, the program terminated on December 31, 1985, as scheduled; and WHEREAS, the City Council may consider retirement incentive programs which may or may not be adopted in 1986; and WHEREAS, one or more City employees may retire prior to the City Council acting on its considerations; and WHEREAS, it is the opinion of the City Council that it is not in the best interests of either the City nor its employees for employees to delay their retirement until such time as the Council may or may not adopt a retirement incentive program; and WHEREAS, the City Council does not wish to deprive any employee of benefits which that employee may be entitled under a retirement incentive program merely because the employee's retirement date falls between the expiration of the previous retirement incentive program and the inception of a new program: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that if the City Council adopts a retirement incentive program during the calendar year 1986 that an employee who retires after January 1 86 � Y J y 1, 9 and prior to the Council Heil retirement incentive p or December 1 � P g 3 , 1986, whichever comes first, will be eligible to participate retroactively under the rules of that program as if they had not retired. 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. M & C No. 86 -05 March 20, 1986 FROM THE OFFICE OF THE CITY SUBJECT: Retirement Incentive Program To the Honorable Mayor and City Council: My office currently has under review the feasibility of establishing a Retirement Incentive Program similar, but not necessarily identical to that previously adopted by the Council in 1983 (Resolution No. 83 -33 attached). We had fully expected to have a report to the Council on the feasibility of such a program and its benefits to the City of Brooklyn Center by this date. However, the press of other business and otential Legislative action aff t' retirement dates P affecting re i g under the PERA program have caused delays. A number of employees are considering retirement within 1986 and are aware that I am considering recommending this type of program. To eliminate the doubt for these employees we are asking the Council to consider this proposed resolution which will allow them to proceed with their retirement plans without having to worry about whether they will or will not be eligible for Retirement Incentive Program adopted during 1986. Please understand the Council is not committing to adoption of such a program with this resolution. This resolution states e that if you adopt a program within the calendar year 1986 that employees retiring uri 1986 before the adoption of the g n g P program will qualify for it. Respectfully submitted, L� l Gerald G. p inter City Man er enc. 40 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION NO. 83 -33 RESOLUTION ESTABLISHING EMPLOYEE RETIREMENT INCENTIVE PROGRAM WHEREAS, the City of Brooklyn Center has been subjected to the loss of revenue from the State of Minnesota and other sources; and WHEREAS, these revenue shortages have necessitated and will continue to necessitate the City of Brooklyn Center to reduce its expenditures and WHEREAS, this reduction in expenditures will result in the loss of funding for centain employment positions with the City of Brooklyn Center; and WHEREAS, it is the policy of the Brooklyn Center City Council to accomplish staff reductions, if possible, through attrition; BE IT RESOLVED BY THE CITY COUNCIL that the City of Brooklyn Center establish an Employee Retirement Incentive Program with the following provisions: 1. Employees qualifying for this program must be eligible for a full retirement annuity under PERA or PERA Police without reduction of benefits because of age on the effective date of their retirement. 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 July 1, 1983. 2 To enroll in this program qualified employees must submit a letter of retirement effective on or before December 31, 1985. These letters must be submitted to the City Manager before July 1, 1983. 3. Qualified employees submitting their letters of retirement should understand that once submitted their letter of retirement is final. 4. Positions vacated by employees retiring under this program will not be filled without prior City Council approval of the funds to be expended on filling the vacancy. 5. Qualified participating employees will be entitled to receive payment of an amount not to exceed $15,000 per employee calculated by multiplying the number of months between the date on which the employee retires and the employee's or their spouses sixty -fifth (65) birthday (whichever is the greater) times $125 rounded to the nearest full month. This payment is intended to reflect the City's desire to allow the retiring employee to maintain current levels of health insurance benefits for themselves or their dependents. RESOLUTION NO. 83 -33 6. The City Manager is authorized to administer the Employee Retirement Incentive Program and to fund this program from the City of Brooklyn Center Employee's Retirement Fund. February 14 1983 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 86 -30 WHEREAS, on February 24, 1986 the City Council adopted Resolution No. 86 -30 wherein the Mayor and City Manager were authorized and directed to enter into a contract with Shafer Construction Company, Inc. in the amount of $973,975.25 for the construction of Improvement Project No. 1985 -23, subject to receipt of a permit from the Minnesota Department of Transportation to construct part of the golf course on State property, as requested by City Council Resolution No. 85 -205 on November 18, 1985... "; and WHEREAS, the City Manager has advised the City Council that the Minnesota Department of Transportation is in the process of issuing the requested permit, subject to the resolution of certain details; and WHEREAS, the City Manager has also advised the City Council that the initial work to be accomplished on the golf course construction project will occur on those portions of the project where the Minnesota Department of Transportation does not contest the City's title to the property; and WHEREAS, the City Manager has advised the City Council that it is imperative to authorize the contractor to proceed with construction of the golf course as soon as possible: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that: 1. Resolution No. 86 -30 is hereby amended to authorize and direct the Mayor and City Manager to enter into the contract in the amount of $973,975.25 with Shafer Construction Company, Inc. for Improvement Project No. 1985 -23 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk deleting therefrom the condition that execution of the contract shall be subject to receipt of the permit from the Minnesota Department of Transportation.' 2. The City Manager is hereby authorized and requested to continue negotiations with the Minnesota Department of Transportation for issuance of the requested permit as soonas possible, and to submit the proposed permit to the City Council for its consideration as soon as the proposed permit is received. 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. • L. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 13, 1986 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Mike Nelson at 7:32 p.m. ROLL CALL Chairman Pro tem Mike Nelson, Commissioners Molly Malecki, Carl Sandstrom, Lowell Ainas and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, and Planner Gary Shallcross. Chairman Pro tem Nelson stated that Chairman Lucht and Commissioner Bernards were unable to attend and were excused. APPROVAL OF MINUTES - February 27, 1986 Motion by Commissioner Sandstrom seconded by Commissioner Ainas to approve the minutes of the February 27, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom and Ainas. Voting against: none. Not voting: Commissioner Wallerstedt. The motion passed. APPLICATION NO. 86008 (Lombard Properties, Inc.) Following the Chairman's explanation, Chairman Pro tem Nelson noted that the applicant for the first business item was not present and took up the next item of business. The Secretary introduced Application No. 86008, a request for site and building plan approval to construct a 70,100 sq. ft. retail shopping center at the corner of Earle Brown Drive and Summit Drive behind Target. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86008). The Secretary also referred to the report of the Shingle Creek Watershed Management Commission regarding this project and asked the City Engineer to explain the recommendations of the Watershed Commission. The City Engineer reviewed the conditions of the Watershed Commission's action on the development proposal. He noted that the conditions have to do with the design of the skimming device, with erosion control during construction, and providing easements for the ponding areas on the site. Commissioner Malecki expressed concern regarding a lack of trees in the parking lot area. The Secretary explained that the islands are all quite small and could not support trees. Commissioner Sandstrom asked where the snow would be stored if the islands are so small. The Secretary stated that it would mostly be stored in the perimeter green areas. APPLIC RECOMMENDING APPROVAL OF APPLICATION NO. 86008 (Lombard Properties, Inc. Ho lion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 86008, 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. 3 -13 -86 -1- r a t 2. Grading, drainage, utility and berming plans are , subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop` mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic- fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. Anus -built utility survey of the property shall be submitted to the Engineering Department prior to release of the performance guarantee. 10. The grading, drainage and utility plan and the design of the storm water skimmer shall be subject to review, approval and any conditions imposed by the Shingle Creek Watershed Management _Commission prior to the issuance of permits. 11. Fire hydrant locations shall be subject to review and approval by the Fire Marshal prior to the issuance of permits. 12. Plan approval acknowledges proof -of- parking for 85 additional parking stalls. The applicant shall acknowledge in writing that he shall install said stalls upon a determination of the need for such stalls by the City. Said acknowledgement shall be filed with the title to the property as a deed restriction. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom, Ainas and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 86012 (Ryan Construction Company) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct a 111f755 sq. ft. office building at the northeast corner of Summit Drive and Earle Brown Drive (west leg) . The Secretary reviewed the contents of the staff report (see Planning Commission Information for Application No. 86012 attached). The Secretary also mentioned the fact that the grading, drainage and utility plan for the entire area surrounding this office development had been reviewed by the Shingle Creek Watershed Management_ 3 -13 -86 -2- i Commission earlier that day and was acted on. He referred the Commission's attention to the report of the Watershed Commission regarding the plan for this area. The Secretary also referred to the three dimensional models of the proposed office buildings in the Ryan complex. He stated that the size of the second office building would be determined in the future depending on traffic generation. The City Engineer then reviewed the conditions attached to the approval of the Shingle Creek Watershed Management Commission report. He noted that they again had to do with the design of the storm water skimmer, erosion control, easements for water detention areas, and establishing the size of the water detention area needed. Commissioner Sandstrom expressed concern regarding the possibility of people falling into the pond, especially youngsters. He also pointed out that swimming pools have to be fenced and wondered why this pond would not have to be The City Engineer pointed out that the pond would fill slowly and that it would be graded to a gradual slope (4 to 1) so that there would be no great danger of someone falling into a pond and being unable to climb out. He stated that the pond would hold water the year round and compared it to the City's pond behind the Community Center which is not fenced. The City Engineer also pointed out that the pond serves aesthetic as well as functional purposes and that it would be inappropriate to surround it with a barrier that would detract from the aesthetics. The Secretary compared the proposed pond to other ponds in the City which do not have fences. He noted that residential swimming pools have a sharp dropoff from which a young child, cannot climb out. He stated that this pond would have a gradual slope. Chairman Pro tem Nelson then asked the applicant whether he had anything to add. Mr. Jim Zahn, representing Ryan Construction Company, then introduced Mr. Wayne Bishop, the project architect. Mr. Bishop briefly explained the choice of the at m erials and the massing of the building.. He stated that the design was very much intended to be sensitive to the Earle Brown Farm complex to the east. He stated that the building would step up and away from the Farm complex and that the glass exterior would reflect the farm buildings back to an observer looking at the office buildings. He also stated that the pond and surrounding green area would enhance the rural atmosphere surrounding the Farm complex. He pointed out, finally, that the color of the buildings would complement the farm buildings and that the red stripe would be the same color as the farm buildings. PUBLIC HEARING (Application No. 86012) Chairman Pro tem Nelson then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. Commissioner Sandstrom asked how the office development would relate to the senior citizen center. The Secretary showed a transparency of the plat for the entire area surrounding the Earle Brown Farm, noting the location of the Ryan office buildings and the planned residential development to the south, as well as the Farm itself. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86012 (Ryan Construction Company Motion by Commissioner Ainasseconded by o issioner Sandstrom to recommend approval of Application No. 86012, subject to the following conditions: . 3 -13 -86 -3- 1 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, dra utility i s are subject t ng, g , 1 y and berm ng plan b�ec o review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance guarantee and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the.issuance of permits. 4. Any outside trash disposal and rooftop mechanical equipment shall be appropriately screened from view. 5• The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9• 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 and any conditions imposed by the 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 a determination of the need for such stalls by the City. Said acknowledgement shall be filed with the title to the property as a deed restriction. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom, Ainas and Wallerstedt. Voting against: none. The motion passed. RECESS T e Planning Commission recessed at 8:34 p.m. and resumed at 9:04 p.m. 3 -13 -86 -4- 1 APPLICATION NO. 86010 (City of Brooklyn Center HRA) Follow ing the recess, the Secretary introduced an application initiated by the City to rezone from I -1 to R7 the vacant parcel of land immediately south of the Earle Brown Farm site. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86010 attached). The Secretary also pointed out that the surrounding property in the area is still to be I -1. He stated that buffer strips are required where I -1 developments abut R7 developments. He added, however, that the requirement for meeting those buffer requirements would be placed on the R7 development because it is coming in later than the I -1 developments. The Secretary recalled for the Commission some of the discussion regarding the proposed housing development on the area south of the Earle Brown Farm. He stated that the area had not been considered good for family housing, but that the Planning Commission had felt that elderly housing would be appropriate in this location. Commissioner Ainas pointed out that the Earle Brown Farm Committee which has studied the reuse of the farm buildings, has pretty much assumed elderly housing to the south almost from the beginning of their discussions. Commissioner Sandstrom stated that he felt it was logical to change the Comprehensive Plan to accommodate elderly housing in this area. He stated that he felt it was a good development proposal with shopping available in surrounding areas. The Secretary also pointed out the attention paid to pedestrians in the plannin g P of the streetsca e in this area as well. Chairman Pro tem Nelson then asked whether Mr. Al Beisner had anything to add. Mir. Beisner, representing Earle Brown Commons, the residential developer of the site, approached the Commission with drawings of the site and building elevations. Mr. Beisner then reviewed a number of points of the conceptual plans with the Planning Commission. He noted the concern regarding sight lines to the Farm complex from Summit Drive. He also pointed out a proof of parking plan showing that the requirement of two stalls per unit could be met on the property. He stated that the desire was for a covered walkway between the Earle Brown office building which would be part of the complex and the hippodrome He stated that this would allow elderly residents to take advantage of services in the hippodrome without having to brave the elements. He stated that the Earle Brown Commons project would be a full service senior housing project with a number of the services available in the farm buildings. Mr. Beisner then showed the Planning Commission the building elevations of a tentative plan for the building. He stated that he was attempting to match the brick of the Earle Brown office building, but that if this were impossible he would have to go to some completely different color that would complement, but also contrast, the office building brick. He stated that the project, including the senior center, could provide transportation for seniors in the area to come to the development. He discussed with the Commission the possible uses for the hippodrome and the horse barn as senior- related services. He also discussed with the Commission the option of buying units within the building. Commissioner Sandstrom left the table at 9:29 p.m. and returned at 9 :43 P.m. PUBLIC HEARING (Application No. 86010) Chairman Pro tem Nelson then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. No one spoke. The Secretary suggested that the Commission leave the public hearing open until the 3 -13 -86 -5- next consideration of the rezoning. He stated that the rezoning decisions should be based on the guidelines and standards in the Zoning Ordinance. He suggested that the application be tabled with direction to prepare a Comprehensive Plan amendment if the Planning Commission is inclined to approve the rezoning. ACTION TABLING APPLICATION NO. 86010 (City of Brooklyn Center HRA) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to table Application No. 86010 with direction to staff to prepare a resolution recommending the rezoning and a Comprehensive Plan amendment to allow residential uses in the area adjacent to the Earle Brown Farm. Voting in favor: Chairman Pro`tem Nelson, Commissioners Malecki, Sandstrom, Ainas and Wallerstedt. Voting against: none. The motion passed. Commissioner Sandstrom stated that the Planning Commission should go on record as favoring the development. The Secretary and Mr. Beisner then discussed the timing and procedure for submitting the development plans for the residential project. DISCUSSION ITEMS a. Builders Square The Secretary then reviewed with the Planning Commission the reuse of the K Mart building on 63rd and Brooklyn Boulevard by a Builders Square store. He noted that they would be adding a lumber staging area to the east side of the building near the garden center and that the staff had insisted that the addition be masonry consistent with the building and not a metal shed. He also stated that there would bean extension of the screen wall of the truck dock behind the building. He pointed out that he Builders Square is a permitted use in that building and asked the Planning the whether they felt a formal application was needed or whether it could simply be approved through a normal building permit. Commissioner Ainas asked whether there would be any outside storage. The Secretary stated that there would be none. He pointed out that outside storage is allowed in the C2 zoning district, but that it must be screened. He stated that the building would still have a garden center. Commissioner Ainas stated he saw no need for a formal application. ACTION ACKNOWLEDGING BUILDERS SQUARE AS A PERMITTED USE Motion by Commissioner Ainas seconded by Commissioner Malecki to recognize Builders Square as a permitted use in the old K Mart building at 3600 63rd Avenue North and waving the requirement for a site and building plan approval of the proposed lumber staging area to the east of the building. The motion passed unanimously. APPLICATION NO. 86004 (Paul Worwa) The Secretary then briefly introduced Application No. 86004, an appeal from a determination by staff that not more than five children, including those of the resident family, may be serviced by a family day care operation in the R3 zoning district.- He referred the Commission's attention to a draft ordinance amendment which would not count the resident children in the Rl, R2 and R3 zoning districts toward the ordinance maximums. He recommended that the Commission deny the appeal and act on the ordinance amendment. ACTION DENYING APPLICATION NO. 86004 (Paul Worwa) Motion by Commissioner Sandstrom seconded by Commissioner Malecki to deny Application No. 86004 and recommending adoption of a draft ordinance amendment to Section 35-405 of the Zoning Ordinance to allow up to five children to be serviced in a family day care operation in the R2 and R3 zoning districts. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom, Ainas and Wallerstedt. Voting against: none. The motion passed. 3 -13 -86 -6 I i DISCUSSION ITEMS CONTINUED b. Retail Parking Formula The Planner then distributed to the Commission a survey of suburban municipalities with their parking requirements for retail shopping centers. There followed a lengthy discussion as to the rationale behind changing the parking formula. Commissioner Sandstrom made the point that Brooklyn Center should be competitive with other communities in trying to attract business development in the City. Commissioners Nelson and Wallerstedt wished to know what the impact of a formula change would be on existing developments in the City. They asked - whether _it would have a favorable influence on redevelopment possibilities and or whether it would spur smaller out buildings in retail parking lots. The Planner acknowledged both of these possibilities and added that it might also allow for somewhat more intense use of existing structures, for instance with some additional restaurant space. He also suggested that more area could be devoted to landscaping within parking lots and on retail sites generally. He discussed with the Commission with St. Paul Book and Stationery building which reserves space within the building for proof of parking. He stated that this was a ludicrous arrangement and that it should be changed. He also stated that his own experience as a resident of Brooklyn Center was that the shopping centers and retail establishments, other than Brookdale, were never full, even during the Christmas shopping season. The Secretary urged the Commission to keep gross floor area as the unit of measure in determining parking space requirements. He advised against using leaseable area since this can change with internal building modifications. 'Mr. Steve Mosborg of Lombard Properties added that, based on his own experience in Colorado and elsewhere and from his reading of the study of the Urban Land Institute, he did feel that the Brooklyn Center ordinance was overly burdensome at the low end of the scale. c. Landscape Requirements The Planner then distributed to the Commission a draft of a landscape point system where various sites would be required to provide a minimum number of landscape points per acre based on so many points per planting type. The Planner explained that the point system offered was somewhat arbitrary at this time and had not been tested extensively against existing projects. He did point out that the two site plans approved by the Planning Commission that evening did meet the standards set up in this point system. He also pointed out that it was important for the relative point differential between planting types to mirror the relative price differential between planting types so that there would not be an economic incentive to fulfill landscape requirements with only one type of planting. Commissioner Ainas agreed that there should be landscape standards with minimum numbers of plantings required. He suggested that less weight be given for potted plants since these can be provided in great numbers and they are only out and flourishing at a limited time of the year. The Planner pointed out that landscape standards would give the City some systematic basis for accepting or rejecting a proposed landscape plan. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Wallerstedt to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:46 p.m. Chairman 3 -13 -86 -7- Planning Commission Information Sheet Application No. 86008 Applicant: Lombard Properties Location: Summit Drive and Earle Brown Drive Request: Site and Building Plan The applicant requests site and building plan approval to construct a 70,100 sq. ft. shopping center at the corner of Summit Drive and Earle Brown Drive (east leg). The property in question is zoned C2 and is bounded on the northeast by Summit Drive, on the southeast by Earle Brown Drive, on the southwest by LaBelle's, and on the northwest by Target. The proposed retail center is a permitted use in the C2 zone. A site and building plan for a somewhat smaller center on this site was approved under Application No. 81052, but was not built. The site plan calls for an access off Earle Brown Drive and two off Summit. The westerly access off Summit serves as a truck access behind the building. The customer access off Summit appears to be offset more than 125' from the access to the Farm site on the opposite side. The access on Earle Brown Drive is 170' back from the intersection, but the plan does not 'show how it. relates to the Davanni's access across Earle Brown Drive. The truck access to the center is immediately adjacent to a similar access for Target. It is regrettable that no agreement could be reached between the parties to provide a joint access. The truck access opens into the LaBelle's site and an agreement has been reached with LaBelle's for cross access through their lot to Earle Brown Drive. Another opening to the LaBelle's site also is proposed in front of the building to allow customer traffic free access between sites without entering the public streets. The site plan provides for 349 parking stalls and 85 proof -of- parking stalls for a total of 434 total potential stalls, just enough to meet the ordinance parking re- quirement for this building. Virtually all of the proof -of- parking stalls would exist in an enlarged greenstrip (33' wide; 18' for stall depth plus 15' normal re- quirement) adjacent to both Earle Brown Drive and Summit Drive. All parking spaces are shown as properly delineated by concrete islands. The applicant is aware of discussions concerning a possible downward revision in the City's parking require - ment for retail uses. At this time, they have indicated that any surplus area would be used for ponding requirements, not for additional building space. The grading plan presently provides for most ponding in a corner of the parking lot adjacent to the street intersection. There are also smaller ponding areas desig- nated for roof runoff on the truck access behind the building. During a one year frequency storm (approximately 2" rainfall), there would be a one foot depth of water for about 40 minutes above the catch basin in the major ponding area. The drainage plan for this site must be reviewed and approved by the Shingle Creek Watershed Management Commission for compliance with interim regulations pertaining to water attenuation and purification. That body will also consider the plans on March 13th and we expect some feedback on this project by the time of the Planning Commission meeting. The City Engineer has indicated that the skimming device pro- posed in this case will have to be modified to more permanently trap floatable debris. The landscape plan for the site calls for 21 shade trees, including 10 large (5" diameter) Skyline Honey Locust, 4 Red Oak, and 7 American Linden. Ten (10) decora- tive trees and 19 coniferous trees (all Green Spruce) are also indicated. The ten Honey Locust are all indicated in the sidewalk area in front of the building. 3 -13 -86 -1 Application No. 86008 continued Other trees are all shown in perimeter green areas; none in parking lot islands. Six Black Hills Spruce have been added at the north end of the greenstrip adjacent to Target to provide screening of the back of the center from Summit Drive. Five (5) shade trees have been indicated in that area as well on the Target side of the property line. The plan also calls for 117 shrubs (72 Isanti Dogwood and 30 Arcadia Juniper and others) and over 600 Red Geraniums in two major planters i front of the building. The proposed building would have a brick exterior and a canopy overhanging part of the front sidewalk similar to Brookdal a Square (except better landscaped). The rear of the building is provided with five dumpster enclosures A sidewalk is in- dicated between the Summit Drive right -of -way and the large sidewalk in front of the building. No site lighting has been indicated. The building plans, which have already been submitted, indicate 400 watt high pressure sodium (amber) luminaires on 30' high poles. Five single light standards and two doubles are shown around the perimeter of the parking lot. 'Finally, the name of the shopping center is proposed as "Centerbrook Plaza ". Staff have asked the applicant to propose a different name since Centerbrook is the name of the City's golf 'course. Altogether, the plans appear to be generally in order. Approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building . Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (;in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equip- ment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguish- ing 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 land- sca P ed 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 utility survey of the property shall be submitted to the Engineering Department prior to release of the performance guarantee. 3 -13 -86 -2- r N 1 Application No. 86008 continued 10. The grading, drainage and utility plan and 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 permits. 11. Fire hydrant locations shall be subject to review and approval by the Fire Marshal p rior to the issuance of permits. 12. Plan approval acknowledges proof of parking for 85 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. 3 -13 -86 -3- ~ Planning Commission Information Sheet Application No. 86012 Applicant: Ryan Construction Company Location: Summit Drive qd rleB o n D ive.((west) Request: Site and Buil�ingJ peciai �se �ermiE The applicant requests site and building plan and special use permit approval to construct a 111,755 sq. ft. office building on a 5.9 acre parcel at the northeast corner of Summit Drive and the west leg of Earle Brown Drive. The property in question is zoned I -1 and is bounded by Summit Drive on the south, by Earle Brown Drive on the west,, by a vacant I -1 parcel also owned by Ryan Construction on the north, and by the Earle Brown Farm site and the site of a future elderly housing development on the east. Office uses are allowed by special use permit in the I -1 zone. Access to the site will be possible at three points. The site will have an access of its own off Summit Drive and joint accesses shared with the office site to the north and with the future residential complex to the east. The plan provides 503 parking stalls on the site, including 33 proof -of- parking stalls. The plan provides 463 spaces for the office building and 40 additional spaces for lease by the City for the Earle Brown Farm site. The 463 spaces exceeds by 9 the requirement for the office building if only general office tenants occupy it. Mathematically the parking formulas would allow just 2,700 sq. ft. of gross floor area to be devoted to medical uses. The parking spaces to be leased by the City will be located at the northeast corner of the site. The landscape plan for the site has been worked out in cooperation with Tim Erkila of Westwood Planning, the City's consultant on design aspects of the restoration of the Earle Brown Farm site. There has been an attempt to preserve the key sight Tines, especially from the intersection of Summit and Earle Brown Drives to the water tower on the Farm. The plan calls for 66 shade trees, including Ginko (3), American Linden (6), Red- wood Linden (6), Summit Ash (13), and Skyline Locust (38). Shade trees are proposed in the perimeter greenstrip as usual, but also in most parking lot islands and in the large open plaza areas north and south of the building. A gap is left in the trees along Earle Brown Drive to allow visibility of the northwest portion of the Farm site through a "window" window between this s proposed building and a later phase to the north. The plan calls for only three decorative trees (Radiant Crabs) and eight coniferous trees -- four clumped at the street intersection and four clumped in a lawn area east of the building. The plan also calls for over 200 shrubs in parking lot islands and in planters at the northwest and southeast corners of the building. A pond for both aesthetic and drainage purposes is to be located northeast of this proposed building on both this site and the site of the next phase. The pond will be surrounded by a lawn and pedestrian path. A circular drive for dropping people off is proposed between the buildings. A walkway will curve around the edge of this circular drive and will meet the water's edge supported by .a retaining wall._ The pond will occupy the area closest to the residential buildings on the west side of the Earle Brown Farm site and will serve as an aesthetic buffer between the Farm complex and the office complex. 3 -13 -86 -1- Application No. 86012 continued The grading, drainage, and utility plan for the site has been worked out in coordi- nation with Westwood planning to insure maximum visibility of the Farm complex from Summit Drive and to provide adequate runoff attentuation and purification to meet the interim regulations of the Shingle Creek Watershed Management Commission. (Note: the Watershed Commission must review and approve the drainage plans for this site. That body will consider the plans also on March 13 and some feedback will hopefully be available by the Planning Commission meeting). All drainage from the parking lot will be conveyed by storm sewer to the holding pond on the east side of the Ryan complex. An outlet with a skimmer will be set at elevation 840' and will con- vey overflow via a 42" storm sewer line to the City storm sewer in Summit Drive. The outlet will be constricted so that pond level will rise to 843' durinq The holding pond will accept drainage from the Earle Brown Farm site as well as both phases of the Ryan office complex.- The judgment of the City Engineer is that the design of the skimmer will have to be modified to permanently trap floatable debris. Such modification should be a condition of approval, subject to the recom- mendations of the Watershed Commission. The proposed building is to step up in height from four stories at the east end, to five in the middle, and six at the west end. The exterior is to be reflective glass' and spandrel panels. Colored spandrel panels at the tops of the third, fourth, fifth, and sixth floors create accent stripes on the building facade. The reflec- tive surface is tentatively to be lightly rose tinted and the stripes would be red. The project architect, Wayne Bishop, has suggested this color scheme as complemen- tary to the red buildings of the Farm complex. The entrances on the north and south sides of the building will be recessed for two floors (the third through fifth floors overhang the entrance area). There are secondary entrances at the east and west sides of the building. A small lunch room is shown at the west 'ends.of the first floor. Accessory food establishments and other internal shops up to 10% of the floor area are a permitted use in office buildings over 40,000 sq. ft. of gross floor area, provided there is no exterior signery. Trash will be stored inside the building. Site lighting will be provided by 250 watt metal .halide luminaires on 25' poles. Regarding the special use permit standards (see Section 35 -220 attached and also Section 35- 330.3f pertaining to commercial uses in the I -1 zone). Mr. James Zahn of Ryan Construction Company has submitted a letter discussing the proposal as it relates to those standards (see letter attached). Mr. Zahn notes that the City has been consulted in the planning of Brookdale Corporate Center III from the beginning. He points out that the proposed glass facade building is an improvement for the area, that important sight lines are preserved, and that the 'pond and walkway will benefit the entire area. Mr. Zahn also states that the office development is com- patible with surrounding developments and is consistent with the Comprehensive Plan Finally, Mr. Zahn points out that the proposed office development is consistent with the probable development scenario assumed in the May, 1985 traffic study by Short- Elliott-Hendrickson. All the above points are valid and relevant to the issue of granting a special use permit for office development on this site. Of particular concern at this stage is the development's conformance with the traffic study. When the SEH traffic study was conducted, the land in question was subdivided in a different configuration. However, Ryan Construction did own a 6+ acre parcel which was projected to have approximately 130,000 sq. ft. of office development. Since the proposed building is 111,755 sq. ft. on 5.9 acres, it clearly lives within the assumptions of the study. Development of the second phase office building to the north will, however, require a much more detailed evaluation of projected traffic. That phase is not a part of this application and no approval of that development is implied by a favor- able action on this application. 3 -13 -86 -2- Application No. 86012 continued Altogether, the plans do appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance guarantee and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. An as -built survey of the property shall be submitted to the Engineer- ing Department prior to 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 wri -ting 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. 3 -13 -86 -3- Planning Commission Information Sheet Application No 86010 Applicant: City of Brooklyn Center HRA Location: Northerly of the intersection of Summit Drive and Earle Brown Drive Request: Rezoning The applicant requests rezoning from I -1 to R -7 of two parcels of land totaling approximately 7.1 acres in area located northerly of the intersection of Summit Drive and Earle Brown Drive. The parcels are currently described as Tract I, R.L.S. 1594 and Tract A, R.L.S. 1380. These two parcels are proposed for combination (to be described as Lot 4, Block 1, Brooklyn Farm Addition) under Planning Commission Application No. .86007, The land is bounded on the east and south by Earle Brown Drive; on the west by Summit Drive and property proposed for office development by Ryan Construction Company (see Planning Commission Application No. 86012); and on the north by the historic Earle Brown Farm. The rezoning is requested in order to allow construction of 269 units of elderly housing in a high -rise complex. Although the rezoning request is submitted by the City HRA, rezoning is being sought primarily by Mr. Al Beisner of Earle Brown Commons, the developer of the proposed elderly residential project. Mr. Beisner has submitted his evaluation based on Section 35 -208 of the City Ordinances (Rezoning Evaluation Policy and Review Guidelines) which is attached for the Commission's review. It is the stated policy of the City that rezonings must be consistent with the Com- prehensive Plan and also, not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor of particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles. The Guide- lines (a through i of Section 35 -208) and the above stated policy are the basis upon which the rezoning proposal is to be measured. Regarding the Comprehensive Plan, it must be pointed out that Table 14 and Figure 15 at pages 98 and 99 of the Comprehensive Plan recommend this entire area for Service/ Office uses. The proposal is, therefore, inconsistent at least with this element of the Plan. The Comprehensive Plan, however, also acknowledges as a stated policy, the need to preserve the character of the Earle Brown Farm. The Housing Plan, .contained within the Comprehensive Plan, encourages the.development of housing designs specifically for the elderly and the handicapped. If the Commission is inclined to recommend approval of the rezoning, based on an evaluation of the re- zoning guidelines, it must amend the Comprehensive Plan to eliminate this inconsis- tency. Regarding the guidelines contained in Section 35 -208, Mr. Beisner states that the proposal will provide a public need or benefit by providing full service housing for the elderly. The 1z storey office building (formerly Earle Brown's office) although not on the Minnesota Register of Historic Places, would be preserved and function as a reception area and activity area for the residential project. He notes that the senior high -rise housing will support the historic preservation of the Earle Brown Farm by making use of the hippodrome to provide ancillary services to people living in the elderly high -rise. This, he claims, will help to make the preservation of the Earle Brown Farm economically feasible. He goes on to explain that the R7 rezoning and elderly housing proposal would be consistent with and compatible with surrounding land uses. He cites the Shingle Creek Towers complex, in the same general area, as a successful high -rise residen- tial in a heavily commercialized area. He believes the RT zoning to be very com- patible with the retail and office uses in the area. He points out that the elderly housing will be ccmplimentaryand not in conflict with surrounding land uses in that travel time and peak hour traffic will not coincide with existing or planned developments. 3 -13 -86 -1- fi• w. Application No. 86010 continued Mr. Beisner argues further that:the proposed rezoning is not out of line with what has occurred in the south part of the Industrial Park over the last 20 years; the broad public purpose of the proposal will provide a stimulus, catalyst and economic base for the preservation of the historic Earle Brown Farm buildings; an industrial type development of this area will not fit very well among the exist- ing land uses (office buildings, retail uses and a medical clinic); the r-ezoninq will allow for a development that is in the best interests of the community because- it does allow for historic preservation. It may come as no surprise that the staff concurs with the rezoning request. It is believed that the proposal does contain public benefits. Although the Comprehensive Plan, as mentioned previously, does recommend this area for Service /Office uses rather than high -rise residential, the Plan also recommends providing more elderly housing and also, as a stated goal, preservation of the farm buildings on the Earle Brown Farm. It should be noted that as far back as 1984 consideration has been given to allowing elderly housing in this area that could make use of, and assist in the preservation of,some of the buildings on the Farm. BRW undertook a review in 1984 of a housing proposal containing over 400 residential units (copy of the report attached). Their conclusion was that a housing development was an excellent use for this site. They stated that "while this activity would not be consistent with sur- rounding development, it has the singular distinct advantage of being probably the best way to achieve long -term preservation of the Earle Brown Farm for historic purposes." The report cites excellent access to a wide range _ of - services and goods within the area,(such as Brookdale Shopping Center and associated businesses; com- munity recreation facilities such as Shingle Creek, Central Park, the Community Center; the Hennepin County Library and Service Center; excellent freeway access which allows movement to the rest of the Metropolitan area; and that MTC servicesare also available to the site)as good amenities for residential development. BRW's report also notes that from a traffic viewpoint, the residential use will generate less daily and much less p.m. peak hour trips than other uses.for the site. During June, 1985, the Planning Commission also reviewed the Earle Brown Farm Re- development Program and Tax Increment Plan at which time, among other things, the idea of a 269 unit high -rise residential development was discussed as part of the Plan for preserving the Earle Brown Farm. The Commission, in its comments, noted that it was willing to consider modification to the Comprehensive Plan and rezoning at the time a development proposal is brought forward. The Earle Brown Farm , Committee has been considering also the question of preservation and the reuse of the Farm and the use of a portion of the Farm for services ancillary to a high -rise elderly residential use of the property is a real likelihood. Rezoning proposals, following introduction and initial review, are typically tabled and referred to the particular Neighborhood Advisory Group for review and comment. In this case, the Planning Commission serves as the Neighborhood Advisory Group for the Industrial /Commercial Park area. If the Commission is inclined to recommend the rezoning following review and comment and a public hearing, the matter should be tabled and the staff be directed to establish a date and publish a notice of a Comprehensive Plan amendment. Also, the Plan amendment must be referred to the Metropolitan Council. 3 -13 -86 -2- �i '�� .111 ■11111- ' �- IRWIN - ,-..�.. _ ■■ Cam! E �i �= � ■ BROOKLYN CENTER OL Q& WA A F FREEWAY mm APPLICATION NO. 86004 (Paul Worwa) . The Secretary then introduced what had originally been scheduled as the first item of business, an appeal from a determination that Section 35 -405 of the Zoning Ordinance permits only five children, including children of the resident family, in a family day care operation in the R3 zoning district. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86004 attached). The Secretary also clarified the wall separation between townhouses. He stated that two one -hour walls are required by a property line separation, not by zoning designation. He gave examples of rental townhouse complexes (Marvin Gardens, Victoria Townhouses and Georgetown Townhouses) which do - not have two one -hour separations between units. He also reviewed with the Commission the past revision of the ordinance which allowed day care and other permitted home occupations in multiple - family residential districts. He stated that five children was decided on as a limit because of a concern regarding possible congestion in multiple - family districts, particularly apartment zones. The Secretary also referred to the licensing standards used by the State and the County in determining how many children could go into a family day care situation. The C Secetary stated that he did not have those standards at hand, but would try to get them for the Commission's review in determining what is an appropriate number of children to be allowed in a townhouse family day care operation. Commissioner Wallerstedt asked if there was a specifc recommendation from the staff. The Secretary answered that he did not recommend that the Planning Commission uphold the appeal since it seemed fairly obvious that allowing beyond five children in the R3 district would be contrary to the ordinance. He stated that the Planning Commission may, however, wish to consider a change in the ordinance to allow more children in a day care operation in a townhouse. The Secretary then paraphrased the requirements of the State law with respect to zoning. He stated that 12 children in a licensed day care operation must be allowed as a permitted single- family use. He stated that 13 to 16 children in a licensed day care operation in 'a multiple - family district must be allowed "unless otherwise provided." He stated that the City does otherwise provide through its limitation of five children including children of the family in multiple - family districts. The Secretary explained that he did not feel the law requiring 13 to 16 children in a day care operation as a permitted use in the multiple- family districts referred to operations within a single residential dwelling unit, though it might exist within` such a district or within a complex. The Secretary stated that the Commission might want to look at land area as some kind of gauge for the number of children that could be allowed. He pointed out that single - family homes are required to have more land area than townhouses, which, in turn, are required to have more land area than apartment units. 2 -13 -86 \... -4- Commissioner Bernards asked what process there was to review the City's ordinance on this question. The Secretary answered that the staff is presently under direction from the City Council to review the home occupation ordinance. He added that the City is also involved in a law suit with Dr. Lescault regarding some of the provisions of the City's home occupation ordinance. He stated that the staff could draft an ordinance amendment for consideration by the Planning Commission on the question of day care in the R2 and R3 districts, if the Planning Commission so desires. Commissioner Bernards suggested that perhaps the resident children need not be counted. He asked whether the State limited the number of children based on a minimum floor area required. The Secretary responded that it was his understanding that it does. Chairman Lucht reiterated an interest in seeing those standards and stated that the Planning Commission could direct staff to prepare an amendment on the matter. Chairman Lucht then asked the applicant whether he had anything to say. Mr. Paul Worwa stated that the points in his letter were covered in the report. He stated that he would like to emphasize his desire for some compromise position for the R2 and R3 districts between the single - family allowance and the maximum permited for the R4 through R7 district.. He stated that he felt the limitation of five children is too restrictive in the R3 district. He pointed out that his townhouse is larger than the single- family home he used to live in where he could have many more children. Commissioner Malecki again observed the need for a guide line based on square footage. There followed a brief discussion of the State regulations and the City's ordinance limitations. Mr. Worwa stated that the State regulations would allow at least five nonresident children in their townhouse. He stated that he did not know the exact square footage requirements. Commissioner Wallerstedt asked how large their townhouse was. Mr. Worwa responded that it was approximately 1400 sq. ft. Chairman Lucht asked the staff to obtain a copy of the State standards, including square footage requirements, for review by the Planning Commission in consideration of a possible ordinance amendment. ACTION TABLING APPLICATION NO. 86004 AND DIRECTING STAFF TO PROVIDE MORE INFORMATION ON DAY CARE STANDARDS Motion by Commissioner Sandstrom seconded by Commissioner Wallerstedt to table Application No. 86004 and to direct staff to provide further information on the State's licensing requirement for family day care for possible revision of the City's ordinance. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Bernards and Wallerstedt. Voting against: none. The motion passed. The Secretary asked whether there was any other direction to the staff in terms of possibly drafting an ordinance amendment. He asked whether the Commission agreed with the idea of distinguishing the R2 and R3 districts from the R4 through R7 districts. Commissioner Bernards responded in the affirmative and recommended only changing the R2 and R3 district limitations. Chairman Lucht asked Mr. Worwa whether the Homeowners' Association Agreements in any way limited the number of children that would be allowed in a day care operation. Mr. Worwa stated that there was no provision in his association's agreement that he was aware of. Commissioner Wallerstedt stated that she would be interested in standards that would require quality in day care operations. The Secretary answered that the State has preempted the area of regulation having to do with the operation of day care in homes. He stated that the City regulates day care as a home occupation, that is, from the standpoint of land use. Commissioner Wallerstedt stated that she was 2 -13 -86 -5- aware of the City's limitations, but wished to encourage quality in day care operations. The Secretary agreed and also stressed his support for the limit of five in apartments. He stated that to allow more in an individual apartment unit would be overly disruptive. Planning Commission Information Sheet Application No. 86004 Applicant: Paul Worwa Location: 6801 Fremont Place North Request: Appeal This application is an appeal from a determination by staff that not more than five (5) children may be allowed in a day care operation conducted in a townhouse in the R3 zoning district. The specific property in question is 6801 Fremont Place North, a townhouse in the Hi Crest Square Estates development. That development is zoned R3 and is bounded by 69th Avenue North on the north, by single - family homes on the east, by the Hi Crest Apartments on the south, and by Humboldt Square Shopping Center on the west. Section 35 -312 of -the Zoning Ordinance allows permitted home occupations in the R3 zone. Section 35 -405 further limits such home occupations to include day care of "five (5) children, including children of the family occupying a dwelling unit in other residential districts (R2 through R7). On the basis of these ordinance sections, the Worwas have been denied a day care license for more than 2 nonresident children since they have 3 children of their own. The appellant has submitted a letter (attached) in which Mr. Worwa sets forth his arguments against the City's ordinance limitations. He differentiates townhouses and double bungalows from apartments and points out that his existin townhouse is larger and is adjacent 9 nt t J o more open space than his previous P p p ous detached home in which he could be allowed to provide day care for 10 children. Mr. Worwa also points out that apartment units are s fire- rated by a single one hour fire rated wall, whereas townhouse units are separated by two such walls. Mr. Worwa goes on to discuss the demand for day care in the townhouse development and the difficulties of getting licensed. He concludes by recommending that the ordinance be changed to allow seven or eight children in family day care in the R2 or R3 distri -cts, but not Rare than five non - residents. Staff would point out that state law has changed g, d since our current ordinance was adopted and-that 12 children may now be served by a day care operation in a single- family zone. It may be that, from a land use perspective, the City should not count resident children toward the five to be allowed since they do not represent addi tional traffic to or from the premises. We have contacted a number of other cities and there is a wide range among these communities (Minneapolis suburbs) as to how they treat family day care in a townhouse unit. Some prohibit the activity entirely; others treat a townhouse the same as a single - family residence and allow up to 12 children, which is mandated as a permitted single- family use of property under Minnesota Statute 462.357. Some communities have not had to deal with the question at all. Brooklyn Park requires the issuance of a special use permit for the care of more than 2 children in a family dare care operation located in a townhouse. Staff believe that state law does allow municipalities to limit the number of children in a family day care operation in multi - family residential districts to less than 12 or even to prohibit such operations altogether. It is, therefore, purely a policy question as to how many children should be allowed in a family day care operation in the R3 zoning district. One of the chief arguments made by the appellant has to do with the need for a distinction between a townhouse or double bungalow and an apartment unit. Mr. Worwa makes the case that townhouses and double bungalows have superior sound separation and better access to green space than a typical apartment unit. We acknowledge these differences and.agree that a further refinement of the ordinance, to distinguish between the R2 and R3 districts on one hand and the R4 -R7 districts on the other, would not be illogical: We do not recommend any change in the R4 -R7 districts.' 2 -13 -86 101 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1986 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding family daycare in the Rl, 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. 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 HONE OCCUPATIONS 6. No home occupation providing day care shall serve more than [ ten (10) 1 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.) r• mom —�® -e s _ • t NEW -® ®� a. ® SEES SEES mm SE- -� mm SESE ME IIENE U ES o m= ■ ME MEN t I Target Earle Brown Farm Retail Center l 5.i SHE°' 2 .'-D? 'A -.iib afd. Fat "4 1 HE - - -- u c 0 ;- .. .� , • � CIA 6. • •' ®® • �- /' • � < BRO W t * MINOW Owl mm � �- - ®� ®® ■tom ■� -® -�.. .r�■ s NEW �t- ®- m® ®® ■�® mm mm law r.� ®iii ®� r- Pond Earle Br - own Farm m t� _s -�✓ `�•/ 5j q Y o _ _ 0 4' 3 - 1. - PIA- MO-NWI-4 O � � - MUbGn2D W,J'plyls. " 4"WN I ;.."n is 2 �� f�oeDet lb sc�rrosn �uN. I ' �s c D•o.o. , 3 TW NE _ � y,'J ,:y s,. 3 Mmit \/� iJUMMT I'Yep1 � /� � �/ .kd- - ' • �14. P!SDCpYJ{• 1T r .\ P - `�tri- Eta D5FM //A CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of March , 1986 at 8:00 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part of the Right of Way of Logrin Avenue North along Lot 6, Block 2, Northbrook Center Addition. Auxiliary aids for Handicapped persons are available upon request at least 96 hours in advance. Please contact nta the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE N0. VACATING PART OF THE RIGHT OF WAY OF LOGAN AVENUE NORTH ALONG LOT 6. BLOCK 2_, NORTHBROOK CENTER ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Anv interest, ownership or license to the right of way of Logan Avenue North described as follows Beginning at the Northeast corner of Lot 6 Block 2 Northbrook Center Addition thence North 0 degrees 58 minutes 01 seconds East a distance of 190 feet to the actual point of beginning, thence deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 0.25 feet thence North 0 degrees 58 minutes 0 1 seconds East a distance of 260 feet then deflecting to the left 90 degrees 00 minutes 00 seconds to a point on the Westerly right of way line of Logan Avenue North, thence Southerly 260 feet along said right of way l ine to the point of beginning, Hennepin Count Minnesota, is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date lit CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1986 at 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 N0. 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 the 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 CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER EMERGENCY- POLICE - FIRE 911 TO: Sy Knapp', Director of Public Works FROM: H.R. Spurrier, City Engineer DATE: March 20, 1986 RE: Ordinance Amending Chapter 35 of the City Ordinances Attached is a copy of an Ordinance amending Chapter 35 of the City Ordinances by adopting Amendment No. l of the Flood Boundary and Floodway maps and Flood Insurance Rate Maps for the City of Brooklyn Center. Also attached is a letter addressed to Mayor Dean Nyquist from Larry Seymour, Director of the Division of Waters of the Minnesota Department of Natural Resources, to adopt the attached ordinance. This ordinance revision was incorporated in the special use permit request that was made October 18, 1985 to facilitate the construction of Centerbrook Golf Course. City, Watershed, State and Federal permit processing has been completed and we now have the authority to approve the map amendment contained in the attached ordinance. Therefore, it is my recommendation that the City Council adopt the attached ordinance amending Chapter 35 of the City Ordinances, adopting a new official zoning map which includes Amendment No. l of the Flood Boundary and Floodway maps and Flood' Insurance Rate maps. 4 R s t Feer ubmitted, Approved or submi tal, .R. pu S y " app ity Eng Director of Public Works HRS : j n � STATE OF U �JV 'U M Z 0 UL�=J DEPARTMENT OF NATURAL RESOURCES 10PHONEN0. 612/296 - 6157 500 LaFayette Rd., St. Paul, MN. 55146 FILE NO. February 26, 1986 Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mayor Nyquist: RE: APPROVAL OF FLOODPLAIN ORDINANCE AMENDMENT The Department of Natural Resources has reviewed the draft ordinance amendment along with the supporting materials and data for the floodway of Shingle Creek which were submitted by Bo Spurrier, City Engineer and Suzanne Jiwani of Barr Engineering, respectively. Based on this review, the data and the draft ordinance have been found to be compliant with Minnesota Regulations, Parts 6120.5000 - 6120.6200 and in accordance with Minnesota Statutes §104.04. I hereby approve the draft ordinance for adoption. Upon final adoption of the amendment, please submit two (2) certified ( ) e tified or published copies of the ordinance to the Metro Region Waters Office, 1200 Warner Road., St. Paul, Minnesota 55106. Judy Boudreau, Area Hydrologist of the Metro Region Office (296 - 7523) is available to assist th City in administering or' interpreting your floodplain- management controls. Your cooperation in the administration of floodplain management controls and the reduction of flood damages is appreciated. Sincerely, DIV ION 0 ATERS mour Larry S y Director LS /JB:lr cc: Bo Spurrier, City of Brooklyn Center Judy Boudreau, Metro Region Division of Waters Suzanne Jiwani, Barr Engineering J AN EQUAL OPPORTUNITY EMPLOYER Tickler Date MEMO: CITY OF BROOKLYN CENTER To Bo Spurrier Date 3 -19 -86 From Ron Warr- The Planning Commission reviewed site and building plans and a special use permit for construction of a golf course and clubhouse in area of T.H. 100 and Shingle Creek under Planning Commission Application No. 85036. The Commission also reviewed a Floodway Special Use for grading within the floodway for the golf course under Planning Commission Application No. 85037. Both applications were recommended for approval by the Planning Commission on October 24, 1985 subject to certain conditions. At that same October 24, 1985 meeting, the Planning Commission recommended approval of an ordinance amendment to move the boundary of the floodway line. AVOID VERBAL MESSAGES Engineering Company Douglas W. Barr John D. Dickson January 24, 1986 L. R. Molsather Allan Gebhard Leonard J. Kremer Dennis E. Palmer Mr. Bo Spurrier City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Lion Park Floodway Analysis Dear Mr. Spurrier: As part of our analysis of the hydraulic effects of the proposed golf course for the Lion Park area along Shingle Creek, we analyzed the effect of filling on the discharges downstream. The permit from the Shingle Creek Watershed Joint Powers Organization required that the golf course have the same storage volume for the 100 -year 24 hour flood as existing conditions and that the 100 year flood profile not change - from existing conditions. The proposed golf course meets this criteria. However, because of the marginal soils in the area, the soils are unstable and stabilization will be required. Stabilization will be done by surcharging the soils which will reduce the flood storage volume temporarily. This letter covers the hydrologic and hydraulic effects of the temporary reduction in storage volume. Figure l shows the inflow hydrograph for the 100 year 24 hour flood and the outflow hydrographs for the existing and for the surcharging conditions. The inflow hydrograph was obtained from the U.S.G.S. analysis of the 100 -year flood for the Brooklyn Center Flood Insurance Study (FIS). The outflow hydrographs were developed by a storage routing analysis of the inflow hydrograph through storage volume at Lions Park. The storage volume for existing conditions was obtained from the U.S.G.S. FIS analysis. The storage for the surcharging condition was developed by Brauer Associates, the landscape architects designing the golf course. The peaks outflow dishcarge for the existing condition is 700 cfs and for the temporary surcharging condition is 815 cfs. As part of our analysis, we reviewed the effect of the 115 cfs increase in discharge on the 100 year flood elevation of Shingle Creek downstream of the golf course. The critical point is at 49th Avenue, where the 100 -year flood elevation according to the City of Minneapolis FIS study is 839.6. The increase in dicharge of 115 cfs would cause a stage increase of Shingle Creek at 49th Avenue of 0.5 feet. The 100 -year flood elevation of Shingle Creek at 49th Avenue with temporary surcharging is 840.1. If you have any questions on this data, please do not hesitate to contact me. Sincerely, <L 7803 Glenror Road Suzanne Jiwani, P.E. Minneapolis, MN 55435 6121830 -0555 SJ / tmk BS317,0 900 800 700 I 600 I� 500 v � rn r 400 INFLOW HYDROGRAPH u 0 OUTFLOW HYDROGRAPH WITH SURCHARGING 300 - - -- OUTFLOW HYDROGRAPH EXISTING l 200 1 00 0 0 1 2 3 4 5 6 7 Time in Days Figure 1 100 YEAR HYDROGRAPHS SHINGLE CREEK AT LIONS PARK CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 October 25, 1985 Mr. Don Glondys, NTH FEMA, Region 5 300 South Wacker Drive, 24th Floor Chicago, Illinois 60606 Dear Mr. Glondys: The City of Brooklyn Center, Minnesota wishes to revise the floodway for Shingle Creek in the Brooklyn Center Flood Insurance Study (FIS) which was published on August 17, 1981. The City is developing a golf course_ along Shingle Creek from cross - sections A to C. The golf course changes the overbank topography and Mannings "n" values for this reach of Shingle Creek. In addition, the City is constructing a club house for the golf 'course in the present floodway. The City wishes to revise the floodway to allow filling for the club house construction. Enclosed for your review are the HEC2 outputs for the 100 year and floodway analyses for both the HEC2 model from the FIS and the proposed topography. Also enclosed are maps showing the revised floodway and proposed topography. Any questions you have during the review should be addressed to Suzanne Jiwani of Barr Engineering at 612/830- 0547. Sincerely, Sy Knapp _ Director of Public Works a CITY OF BROOKLYN CENTER SK /amd Encl. ..,74 55 Cry„ rn� i __.I l 1NASFiBURN A+ D 1`y. % —I cz: D - - u _— — •y.. m _ / p — 1) V_INCE_NT A .� C 0 D Z r p y r: - 4 O m O lip Tl -- SH1NCLh.' � CR — EE K __ � _------- --- - - - - -- — - - - - -= S / /--- /Nl C'R I:Y:'A F O A ;s ��• , m c F Y/ RUSSEL L AV _ � D NORTh p _ AVENUE m A .. n � ° 2 qO O I 'PiL O � A a z c a A m DEPARTMENT ���//��' CITY O OF BROOK FINANCE .C ENTER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: March 17, 1986 SUBJECT: EXTENSION AGREEMEN - NORTHBROOK LIQUOR LEA I have negotiated a lease extension with Southmark Management for our Northbrook Liquor Store. Our lease expired on December 31, 1985, and we have continued our operation without a lease since that time. We had been on a thirteen month ex- tension of a lease that originally ran from November 30, 1981 through December 1, 1984 at the prior rental terms. The new lease extension would be for an additional eighteen months and there would be no increase in the fixed rent. Southmark would also, as part of the lease extension, agree to relieve the City of any obligation to pay disputed sums for common area maintenance and estate tax applicable to 2 n 983. A pp years .198 and 1 word of explanation on the disputed sum follows. Our lease calls for us to pay an estimated monthly amount in addition to the fixed rent for common area (parking lot, etc.) maintenance and real estate tax increases. After the year is ended, we then are billed for the actual annual cost which exceeds the estimated monthly payments. We did not receive the annual adjustments after years 1982 and 1983. We assumed that there were no adjustments. In 1985, we were billed for adjustments to 1984 expense, plus adjustments for 1982 and 1983. Because the adjustments were billed so date, I have refused to pay them. I agreed that the 1984 adjustment was proper, but that I would not pay it until the 1982 and 1983 adjustments were written off. They have now agreed to do so as part of the lease extension. The disputed sum amounted to $6,984.98. I n summary, Southmark agrees to extend the l for eighte months at no in crease in fixed rent (n change since November 30, 1981) and to can the dis puted sum of $6,985 owing them In exchange for renewing at no fixed rental increase, Southmark has asked that we do the following at our expense: 1. Paint and wall cover throughout the store. 2. Recarpet the floor. 3. Install a new sign on the wall that faces 57th Avenue. " ?l:e .So.rcetlrirg nZ �e Memorandum to G. G. Splinter March 17, 1986 Page Two I have visited the store and came to the conclusion that: 1. We need only to wall cover the entrance to the store at a cost of approximately $250. 2 -. We need not recarpet the floow, but rather apply carpeting to the check -out counter at a cost of approximately $300. 3. Install new wall signs on both the 57th Avenue and Morgan Avenue sides at a total cost of approximately $1,200. _I_t is my recomme that I be authorized by the City Council to instruct Southma Management to prepare an extension agreement, in accordance with th te rms stated in this memorandum, and that the City Council agree to acce that agreem I have attached a summary of our current lease and a copy of the proposal that I received from Southmark. Paul W. Hol m lund PWH:ps Attachments (DLSL3) CITY OF BROOKLYN CENTER LIQUOR STORE LEASES ------------- STORE: NO. 3 Name: -- Northbrook Liquor Northbrook Shopping Center - - - -- Address: 5711 Morgan Avenue North Brooklyn Center, Minnesota 55430 LESSOR: Name: Transamerican Partners - - - - -- Address: 745 Fifth Avenue, Suite 601 "? New York, New York 10151 Telephone No: (212) 758 -9200 LEASE MANAGER: Name - Southmark Management, Retail Division - - - - -- Address: 1601 L.B.J. Freeway #720 Dallas, Texas 75234 -- - Telephone No:- =- Local -(612) 866 -3694 (Randall L. Herbst) TERM OF- LEASE - - -- Length: - - -_.. 13 Months extension - at prior terms. ------- - - - - -- - Inclusive Dates: ___December - 1,-1984 / December -31, 1985 Original Date: October 1, 1971 Last Renewal: December 1, 1984 Next Renewal: January 1, 1986 RENTAL SPACE: Retail Storage Total Dimensions (Feet): - - - -- - - - - -- -- r - - -- - ~ 35X125 Square Footage: 4,375 4,375 FIXED MINIMUM RENT: Annual: $ 20 9 000.00 Monthly: $ 1,666.67 ------------------ Annual Per Square Foot: $ 4.57 ADDITIONAL RENT: 1. Proportional share of cost of maintaining common areas, ---- ----- - - - - -- plus 10% overhead. (Estimated in advance and adjusted annually.) 2. $437.50 annually in equal monthly installments for Lessee's share of insurance costs. 3. Water service at the rate of $60 per annum. 4. r P oportional share of any increase in property taxes or assessments assessed against shopping center over and above the amount payable for 1971. 5. All utilities paid by Lessee. CURRENT MONTHLY RENT: Year: 1985 -------------------- Fixed: $ 1 9 666.67 Taxes: $ 0.00 Insurance: $ 36.46 Common Area $ 54.70 Water: $ 5.00 Total Monthly Rent: $ 1,762.83 Total Annual Projected: $ 21,153.96 Annual Projected Cost Per Square Foot: $ 4.84 MAINTENANCE: Lessee shall keep the premises in good repair, including ----- - - - - -- maintenance, servicing, and replacement of plumbing, sewage, heating and hot water, air conditioning, ventilating, fire prevention and electrical systems, fixtures and equipment, interior walls, external and internal doors ceiling, floor o r to covering, and windows. Lessor shall keep the foundations, g dations p , outer walls roof downspouts ns outs and utters in good repair. P g g P ALTERATIONS: Alterations by permission of Lessor. INSURANCE: By Lessee: Workers' Compensation of $100,000 Comp General -- - - - - -- Liability of $500,000 each occurrence, $250,000 per person for bodily injury and $100,000 for property damage liability in names of both Lessee and Lessor. Property insurance for personal property for at least 80% of contents. By Lessor: Fire, windstorm, and extended coverage insurance. Lessee to pay by fixed monthly charge. CoT TT'T_T� f A 17 K Southmark Management J lJ 11� 1Vl.Lylti Retail Division 33 West 65th Street March 13, 1986 Richfield, Minn. 55423 (612) 866 -3694 Mr. Paul Holmlund Director of Finance City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Brooklyn Center Liquor Renewal - Northbrook Shopping Center Dear Paul: Pursuant to our meeting at your office on January 21, 1986, the body of this text outlines the terms for Lease Extension that the Landlord is able to offer. We are able to extend the subject Lease Agreement as discussed for a period of eighteen months, commencing at the execution of an agreement that will subsequently be re ared following the approval of P P g pp this pro - posal by the City, hereinafter referred to as the Tenant. Partial months will, of course, be pro- rated. The existing rates and terms of the Lease and subsequent extensions and /or modifications will apply, and have applied since January 1, 1986, through the current date. Tenant, at its expense, will remodel the premises to the extent of: new paint or wallcovering..throughout the premises, new carpeting or floor covering throughout, and new internally -lit box signage on the County Road 10 exterior of the premises. Tenant will be relieved of any obligation to pay any sums for common area maintenance or real estate tax applicable to years 1982 and 1983 to the extent of the May 22, 1985, billing (copy attached). The foregoing, pro- vided 'that the City simultaneously, with the execution of the eighteen- months' renewal agreement, pay the additional sums due for common area maintenance and real estate tax for years 1984 and 1985 per the May 22, 1985 billing. The Tenant shall not be obliged to pay any penalty or late charge for the subject 1984 and 1985 adjustment. The Landlord is prepared to stand by the proposal set out in this letter, if the City, as Tenant, moves promptly to accept it at its next Council Meeting. Your cooperation in this matter is greatly appreciated. cerel , Randall L. Herbst Vice President Mid- Western Division RLH:mk Enclosure 0 05/22/85 C TRANSA:YERICAN PARTNERS 745 FIFTH AVEVYE, NEW YORK, N.Y. 10151 CITY OF BROOKLYN CENTER LIMOR STARE #3 r NORTHBROOK SHOPPING CENTER BROOKLYN CENTER, MINNESOTA TOTAL C REAL ESTATE TAXES °— - 1982 1983 1984 1985 TOTAL ORIGINAL TAX 54,355.14 67,611.77 74,406.55 50,407.37 REFUND 0.00 21 401.84 4 2 ,295.57 0.00 NET TAX 54,356.14 46,209.93 50,110.98 50,407.37 LEGAL FEES RE RcrUND 0.00 4,922.42 5,587.98 0.00 TOTAL TAX 54,356.14 51,132.35 55.698.96 50,407.37 LESS BASE YEAR 33,343.79 333,343.79 33,343.79 33,343.79 _ INCREASE OVER BASE YEAR 21, 012.35 17, 788.56 22, 355.17 17, 063.58 ASSESSMENTS 493.57 473.00 452.45 431.85 TOTAL 21,505.92 18,261.56 22,807.62 17,495.43 * 1ST HALF DUE NOW 8,747.71 YOUR PRO RATA SHARE 6.4916% 6.4916% 6.4916% 6.4916% 1;396.08 1,185.47 1,480.58 567.87 $4,629.99 �- LESS BILLED TO DATE 0.00 0.00 0.00 0.00 $0.00 BALANCE DUE NOW $1,396.08 $1,185.47 $1,480.58 %567.87 $4,629.99 + 2ND HALF DUE OCTOBER 1985 $567.87 05/1/85 - TRANSAMERICAN PARTNERS 745 FIr r; AVENUE. NE" YORK. N.Y. 1015! CITY OF BROOKLYN CENTER :I(?UOR STORE #3 NORTHBROOK SHOPPIN CENTER BROOKLYN CENTER, MINNESDTA COxNON AREA COSTS thru 5/31 - _ = =__- =-- - -_ - -- 1982 1983 1984 EST 1985 TOTAL PAYROLL & RELATED EXPENSES $6,792.00 $7,859.00 $11,195.00 OUTDOOR MAINTENANCE 3,004.00 4, 459.0- 5,010.00 SNOW REMOVAL 4,716.00 22,968.00 6,767..00 RUBBISH REMOVAL 376.00 409.00 374.00 REPAIRS & S'�PPLIES 1,749.00 782.00 7,891.00 ELECTRICITY 3,540.00 5,168.00 4,568.00 TRUCK & EQUIPw'?!1 1,379.00 2, 565.00 2, 716.00 MISCELLANEOUS 45.00 0.00 39.00 C PAVING LOT 'PAVING 3,200.00 18, 602.00 10,397.00 $24,801.00 $62,812.00 $48,377.00 $40,000.00 ADMINISTRATIVE & OVERHEAD @ 10% 10% 10% 10% C TOTAL $27,281.10 $69,093.20 $53,874.70 $44,000.00 YOUR PRO RATA SHARE 6.4916% 6.4916% 6.4916% 6.4916% $1,770.98 $4,485.25 $3,497.33 $2,856.30 PRO RATA TO DATE $1.190.13 LESS B' _ T 5 5 .LL,:D , D DA E $273 66.40 f6.,6.4 0 $6,,6.40. BALANCE DUE NOW $1,114.58 $3,828.85 $2,840.93 $916.63 $8,700.99 NEW MONTHLY ESTIMATE FROM JUNE 1, 1985 $238.00 ,� M MEMORANDUM TO: Park & Recreation Commission and City Council FROM: G. G. Splinter, City Manager SUBJECT: Proposed North Mississippi Regional Park Attached please find the following: a. Memorandum describing the background of the proposed regional park. b. The feasibility study schedule. c. Post newspaper article. This memorandum and the attached materials are being provided to give you background information and facilitate preliminary discussion. The current preliminary draft of the feasibility study recommends a regional park on the east side of the Mississippi with the following boundaries: I -694 bridge on the north; approximately the Camden bridge on the south; the river on the east and I -94 on the west. It calls for the possibility of cul- de- sacing Lyndale (dead ending) between 53rd and 57th Avenues. However, the draft does state that Brooklyn Center has expressed the need for the Lyndale connection as part of its local collector street system. Brooklyn Center's Comprehensive Guide Plan indicates that sometime in the future the land on the river side of Lyndale between 53rd and 57th Avenues should be parkland. This land, coupled with River Ridge Park, would allow a bicycle /pedestrian trail connection along Lyndale from Brooklyn Center's southern boundary (53rd Avenue) to its northern boundary (73rd Avenue). The conflict between the preliminary draft of the North Mississippi regional park feasibility study and Brooklyn Center's Comprehensive Plan and the position of their study committee representatives (Councilwoman Scott and City Manager Splinter) is that the preliminary draft does not assure the Lyndale connection between 53rd and 57th, and it includes the properties on the west side of Lyndale between 53rd and 57th in the regional park. The preliminary draft includes the properties on the west side of ,Lyndale in the park, but schedules them for acquisition only on a voluntary basis for a number of years in the future after other acquisitions are completed and considerable development of the rest of the park has been completed. The preliminary draft also calls for acquisition of the properties on the east side of Lyndale from 49th Avenue in Minneapolis to 57th Avenue in Brooklyn Center as a high priority. During meetings of the Regional Park Citizens Committee Brooklyn Center residents between 53rd Avenue and 57th Avenue have vigorously opposed the taking of their land for the park. The staff has received a few positive comments supporting the regional park after the recent article in the Post. We are not asking for a specific recommendation from the Park and Recreation Commission at this time because to date we do not have a final ` draft of the feasibility study. We are presenting it to you at this time for preliminary discussion. You should know that the City Council may ask you for a recommendation on this matter by sometime around April 15, 1986 when we receive the final draft of the feasibility plan. AN INTRODUCTION TO THE NORTH MISSISSIPPI REGIONAL PARK STUDY /MASTER PLAN REGIONAL RECREATION OPEN SPACE SYSTEM The 1974 Metropolitan Parks Act (Minn. Stat., Ch. 473.147, 1978) established a regional recreation open space system comprised of regional parks, park reserves and trail corridors. The current 45,000 -acre regional system includes 28 parks, 10 park reserves and 4 trail corridors open to the public. Once completed, the 60 -unit regional system will include 38 parks, 14 park reserves and 6 trail corridors and will meet the Metropolitan Area's need for regional recreation open space to the year 2000. The Metropolitan Parks Act created a partnership between the Council, advised by the Metropolitan Parks and Open Space Commission, and a group of regional park implementing agencies including counties, special park districts and cities. The partnership works as follows: The Council prepares 'a regional park system plan and obtains funding from the state. The implementing agencies prepare master plans for each regional park under their_ jurisdiction. Follow- ing master plan approval by the Council, the implementing agencies request Council rant funds to acquire and develop regional arks. Funds are ranted g q P g P g under contracts for specific acquisition or development projects in accordance with the approved master plan. The agencies own and operate the parks using local funds. MANDATE TO ESTABLISH A NEW REGIONAL PARR Under the provisions of Laws of Minnesota 1985 Special Session, Chap. 16, Sec. 5, subd. 2(b), the Metropolitan Council, ...shall, unless not feasible, promptly designate the area on the:east -and west banks of the Mississippi river, consisting of the lands northward m the and from Camden are 4 ea of the city of Minneapolis to the Interstate 9 �' P corridor, as a regional park. The Hennepin County park reserve district and the Minneapolis park and recreation board are the operating agencies, with cooperation from the affected units of government... The law also appropriates $500,000 in state bond proceeds and mandates the Council to, ...spend for this project (i.e., land acquisition /development) all interest earned on the appropriations in this subdivision ($12,750,000) and on any other money, up to $1,500,000.... In July 1985, the Metropolitan Council began a program which sets aside interest funds earned on invested regional park funds. Sometime during Fiscal Year 1987 (July 1, 1986 '- Jul y 1, 1987), $2 million will be available for acquisition and development of North Mississippi Regional Parka PLANNING PROCESS Metropolitan Council parks and open space staff have initiated a study team comprised of representatives from the affected implementing agencies. In addition to Council staff, the team includes representatives from the Minneapolis Park and Recreation Board (MPRB), the Suburban Hennepin Regional Park District (SHRPD), and Anoka County. The team will conduct a study to determine if the land described in the legislation is feasible as a unit in the regional recreation open space system. The study team will be advised by two groups: the Staff Liaison Group and the - Citizens Advisory Group. These groups have been appointed as follows: Staff Liaison Group 1 - Minneapolis Community Development Agency staff 1 - Minneapolis Waterworks staff 1 City of Brooklyn Center staff 1 - Minnesota Department of Transportation staff 1 - City of Fridley staff 5 Citizens Advisory Group 1 - Chair, appointed by the Metropolitan Parks and Open Space Commission 2 - Northeast Minneapolis representatives, appointed by MPRB 2 - Camden area representatives, appointed by MPRB 2 - Minneapolis city -wide representatives, appointed by MPRB 1 - Senator Kroening appointee 2 - Brooklyn Center representatives, appointed by SHRPD 2 - SHRPD -wide representatives, appointed by SHRPD 1 - Senator Luther appointee • 2 - Fridley representatives, appointed by Anoka County Board 2 - Anoka County -wide representatives, appointed by Anoka County Board 17 The planning process will include study team meetings with the staff liaison group, the citizens advisory group, and the general public. The final plan will be considered by the Minneapolis Park and Recreation Board, Suburban Hennepin Regional Park District Board and the Anoka County Board of Commissioners. The plan will then be considered by the Metropolitan Parks and Open Space Coamtission and the Metropolitan Council. The study /master plan process should be completed by July 1, 1986. If the study proves feasibility, the approved master plan will meet the requirements necessary for the Council to make acquisition and development grants from funds appropriated in the 1985 bonding bill. SA3835 PHOPNl 1.7.86 1 V Study Area Boundary ■ Picnic Shelter Boat Access I -894 •• - -•• -• Bike /Hike Trail s o` I ANOKA COUNTY RIVERFRONT REGIONAL PARK 57th Av.N. t is Issue 3: Residential Acquisition -Exercise Course Considerations , *. Issue 1: BROOKLYN CENTER M Is. Water 53rd Av.N. _� .��: °� P Treatment Plant MINNEAPOLIS I, r Trail Routing B Issue 2• Mis sissippi i / ssissi • i ou i o PP C Cou rt s/ . Park Boundary � P � • r� 49th Av.N. / Q _Q NORTH MISSISSIPPI y PARK (M PRB) .r Webber k o, fR DLEY Park ' (A CO.) N.E. , MINNEAPOLIS ,�. OLIS O P H ( ENNEPIN ° °� 1� 42nd Av.N. Camden' Bridge Figure North Mississippi Regional Park EXISTING DEVELOPMENT /ISSUES N 1 ° .5 Mile APPENDIX A. NORTH MISSISSIPPI REGIONAL PARK, STUDY SCPEDULE Updated, 2.28.86 Date Ac_ Lion /Steos June 20, 1985 Legislative bill requiring the Metropolitan Council to designate North Mississippi Regional Park passed. August- September - Study team formed from staff appointments by 2--mRB, SHRPD and the Anoka County Board. Sept. 24 and Oct.8 - Study team meets, adopts work plan and citizen advisory group structure. Oct. 28 - Metropolitan Council staff meet with sponsoring Nov. 1g legislators. Study team meets to consider MPRB proposal involving study team/citizen advisory group change. Dec. 2 Metropolitan Parks and Open Space Commission approves proposed change including appointment of Commissioner Barbara Johnson as chair of the citizen advisory group. Dec. 3 - Study team informed of commission decision. - Deadline for appointments set (Jan. i0, 1986) and next study team mee - Dec. 17 " Study team meets. Jan. 91 1 - Study team meets with Barbara Johnson. Jan. 14-15 Study team conducts two meetings; one with staff liaison group and one frith the citizens advisory group. Jan. 23 Study team meeting. Press release inviting public issued and all residents /owners in study area notified of 1/29 and 2/19 meetings. Jan. 29 - Citizen advisory group /public meeting. Feb. 3 and 13 - Two study Lean meetings. Develop draftt between Feb. 3 and March 5 meeting. Feb. 19 - Citizen advisory group /public meeting. Feb. 26 Study team meeting. Mail draft or issue at March 5 meeting. March 5 - Citizen advisory group /public meeting. March 7 -12 - Draft mailing to Webber Library, Legislators, etc. March 17 -21 Staff Liaison Group meeting. March 26 Citizen advisory group /public meeting Inform public that copies of the f inal report v- be available in late April or earls May at Webber Library. April 1 - - Accept input from coaunity policy boards (presenta- tions as needed), various meetings and public; incorporate into draft as appropriate. Apr— 15 - Develop final study /master plan; m a' 4 l to advisory groups and Webber Libra--y and request acceptance / adoption by ot"'i =ia_ resolution : roa u?R , SER-n and Anoka Counts. may 1 - 3 0 - Review coraents, resolutions. June 1 -30 - Present study /?..aster p lan along with plan process • and resolutions to Metropol_­tan Parks and Open Space Commission, Metropolitan System.. Committee and the Metropolitan Cou -ac�. SA38 2- ?HOP2.1 � � r VOL.31, N0. 1 BROOKLYN CENTER. MINNESOTA. FEBRUARY 27, 1986 Scott, neig have co ncerns on for new ark on river By MARY JANE GUSTAFSON. Regional Park District and Anoka feeder to I -94. Gary Criter, Min - County, according to Grant neapolis park planner, said he was Councilwoman Celia Scott and Scholen. park planner with the unaware of this. I was upset that other residents along Lyndale Ave. Metro Council. planning had begun for the park N. in Brooklyn Center are con- without bothering to check. Jerry cerned about preliminary dis- Councilwoman Scott, who lives and I told 'him that we better sit cussions for a 103 -acre North on Lyndale, said the last study down and talk." Mississippi Regional Park along meeting was held Feb. 19, and ad- the Mississippi River including 43 ded, "I don't know who was more SCHOLEN CLAIMED the cit y Brooklyn Center acres from 53rd to shocked, Jerry (Splinter) or me. A was involved from the beginning, 57th Aves. N. The park would also cul- de-sac is proposed at Lyndale had looked at the preliminary plan include portions of the Camden at 56th and at 55th. I asked if the area of North Minneapolis and Metro Council was awre that Lyn- PARK Fridley. dale is a state aid street and a . (Continued on Page 2) Scott and City Manager Jerry Splinter are the city's repre- sentatives to a citizen's advisory committee. giving input for a --_ _` -.�•� _.. "' 1 ) feasibilty study of the plan. So far, 1� three meetings have been held. The .1 — next meeting is scheduled for 3:30 63R0 AVE. N. to 5:30 p m. Wednesday, March 5 at the Webber Park Community Cen- ter, 4440 Dupont Ave. N. An even- ing meeting is scheduled 7 to 9 p.m. - March 26 at Creekview Park AVE ' " I 62 NoAVE.N Community Center, 5001 Irving Ave. N. Public input is encouraged. Y1t J Metropolitan Parks Act T119N. The i974 Metro . g _ / T.118N. 6IST AVE. N. established a regional recreation � _ � l i ,,. open space system comprised of regional parks, park reserves and trail corridors. The North Mississippi Regional Park study ° 1 i 'r a 60TH AVE. N. was mandated by the 1985 Min- _ '- 1 i , nesota Legislature and the study is " = i 1 l ku to be completed by July 1. The M W E_ _ , I Hennepin County Park Reserve District and the Minneapolis Park ° °E - - " N Q 59TH AVE. N. and Recreation Board are the !� `` operating agencies with coopera- 1 J f tion from the affected units of i I government. 4 J to 0 " E " l J 58TH AVE. N. THE 1985 LAW also appropriated $500,000 in state bond proceeds and t f 1 ,tt! mandated the Metropolitan Council 1 v to spend for the project, such as for land acquisition and development, " °VE " A 57 AVE. N. all interest earned in the appropri- Z `' l ations in this subdivision, or $12,750,000, and interest on any ; other money, up to $1,500,000. 56TH AVE. N. Last July, the Metropolitan x 1. Council began a program which o sets aside interest funds earned on invested regional park funds. Sometime during the fiscal .year, �� , 55TH AVE.N. beginning July 1, 1986 and ending July 1, 1987, $2 million will be available for acquisition and de- velopment of North Mississippi Mpg Regional Parka s x • t 54T AVE.n The Metropolitan Council parks . and open space staff then initiated ��`X \ • �` �� a study team comprised of repre- sentatives from the affected im- t _ r"l 53ao AVE., N. plementing agencies. In addition to ^ ^ ^ ^ Metro Council staff, the team he MAP SHOWS where North Mississ Regional Park is p in Brook - cludes representatives from the PP 9� P P Minneapolis Park and Recreation lyn Center and where homes are located along Lyndole that may have to go . Board, the Suburban Hennepin to make room for park. Park.. (Continued from Pagel) but the matter of the cul-de-sac was are located at 49th and Lyndale in not brought up, which Splinter the flood plaim. One hundred acres denied. Of the 43 Brooklyn Center is needed to qualify as a regional acres proposed to be included in parkin Minnesota. the new regional park are 23 acres of open space, including 20 -acre ­17 THE PEOPLE on the east River Ridge Park which abuts the side of Lyndale are going to lose freeway, 16 acres on the west side their homes, they have a right to i of Lyndale and seven acres on the know when after suffering this east side of Lyndale. There are 38 summer while the street was privately -owned parcels along resurfaced and they paid a $4,00 to Lyndale, including homes; 16, on $5.000 assessment for the street, the east side, 18 on the west, and Now they are being told their four on both sides of Lyndale, ac property might be taken. They're cording to Scholen. mad; they're furious," Scott said. Scott and neighbors are concern- Scholen said the Metro Council ed about the purchase of their first 'learned about the proposal ; homes on the west side and when after the bill was signed into law to they would be purchased. Scott June, and added that the regional said, "That would be a waste of park is being proposed on a long- taxpayers' money to put a regional term basis. "There is no rush to put park there and expect people to the park in. If people like, they will { walk across busy Lyndale." (It is probably be able to get life tenan- part of the city's comprehensive cy. Terms of occupancy would be plan that the east side of Lyndale stipulated," Scholen said, and add- F eventually be open space.) ed that people who make im- E rovements to their homes, would Scott said the state buying the reimbursed. Three independent homes for a regional park would appraisals would be made. j remove "a huge amount of tax i revenue from the city (the removal He said regional parks principal- i of homes from the tax rolls). ly provide diverse resources that "People in the neighborhood are support a wide range of outdoor upset. They have a right to a deci- recreation. The park will have two I sion by July 1 so they will know the main functions —a trail that will extent of the project, what proper- connect the Brooklyn Center area ties will be taken and not. be told it with the Camden area to the south, might take 20 years," Scott said. go across 1 -94 through to Anoka's I regional park. The second purpose I "Let's face it. A lot of the prop- is to provide shoreline and boat ac erty owners want to add on or cess to the public. other uses in the remodel their homes. They can't park might be picnic areas with get that money back. It's not fair," shelters, open play areas and natu- Scott said. "If the 60 acres across ral open areas. the river in the boundary included Asked if the regional park prop- in the plan by the state and the sal could proceed without the pur- Camden area is developed, plus chase of homes along Lyndale, River Ridge Park and some Brook- Scholen said, "That is a question lyn Center open space is included, we have yet to address. To provide i there is no need to purchase homes for diversity in recreation and along Lyndale." public access, we may need the , homes west of Lyndale. We don't Scott said the plan for the khow yet for sure." He encouraged regional park also includes the four people to attend the next two study acres where the Mississippi Courts meetings. • Licenses to be approved by the City Council on March 24, 1986 13 FOOD ESTABLISHMENT LICENSE American Bakeries 4215 69th Ave. N. T. J. Applebee's Brookdale Center Bakers Square 5601 Xerxes Ave. N. Bridgeman's Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Brooks Superette 6804 Humboldt Ave. N. Carmel Corn Brookdale Center Country Store 3610 63rd Ave. N. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Dayton's Brookdale Center Denne's Market - 6912 Brooklyn Blvd. Earle Brown Bowl 6440 Jame Circle Fanny Farmer Candy Shops Brookdale Center Green Mill Inn 5540 Brooklyn Blvd. Ground Round 2545 Country Rd. 10 House of Hui 6800 Humboldt Ave. N. Interstate United Corp. 1091 Pierce Butler Rte. Ault Inc. 1600 Freeway Blvd Hoffman Engineering 6530 James Ave. N. Jerry's Brookdale Super Value 5801 Xerxes Ave. N. Lutheran Church of the Master 1200 69th Ave. N. Maranatha Conservative Baptist Home 5401 69th Ave. N. Mc Donald's 5525 Xerxes Ave. N. Nature Food Centers Brookdale Center Northport Elementary School 5421 Brooklyn Blvd. Num -Num Foods, Inc. Brookdale Center Orange Julius Brookdale Center Perkins Restaurants 5915 John Martin Dr. Red Lobster Restaurant 7235 Brooklyn Blvd. Rocky Rococo Brookdale Center Service Systems 701 Decatur Northwestern Bell 5910 Shingle Cr. Pkwy. Thrifty Scot Motel 6445 James Circle Tombstone Pizza 6850 Shingle Cr. Pkwy. U.A. Theater 5800 Shingle Cr. Pkwy. Wes' Amoco 6044 Brooklyn Blvd. Willow Lane PTA 7020 Perry Ave. N. �- Yen Ching Restaurant 5900 Shingle Cr. Pkwy. Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Band Boosters 6500 Humboldt Ave. N. l ,f St. Alphonsus Catholic Church 7025 Halifax Ave. N. Sanitarian NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Holiday Inn 1501 Freeway Blvd. Theisen Vending 3804 Nicollet Ave. N. Budgetel Inn 6415 James Circle Sanitarian PERISHABLE VENDING MACHINE LICENSE heisen ending 3804 Nicollet Ave. N. Budgetel Inn 6415 James Circle Sanitarian READILY PERISHABLE FOOD VEHICLE LICENSE Tombstone Pizza Corp. 6850 Shingle Cr. Pkwy. Sanitarian RENTAL DWELLING LICENSE Initial: Glenn Iverson 5900 Aldrich Ave. N. Leslie G. Reinhardt 5713 Humboldt Ave. N. Wallace S. Anderson 4201 lakeside Ave. N. #204 Robert Levine 3401 - 3413 47th Ave. N. Renewal: Marvin .Garden Ltd. Marvin Garden Townhomes H. Oien, E. Sullivan 5801 Brooklyn Blvd. Duane & Jessie Erickson 7019 Dallas Road M & J Properties 1507 Humboldt Place Gregory Smith 1519 Humboldt Place Gary Schultz 4220 Lakeside Ave. N. David W. Zemke 6813 Noble Ave. N. Rueben & Diane Ristrom, Jr. 6819, 21 Noble Ave. N. Robert Berglund 6833, 35 Noble Ave. N. Curtis Erickson 4809, 11 Twin Lake Ave. William Kirby 5006 Zenith Ave. N. Leonard H. Schoolen 5305 4th St. N. Jack Lescault 3507 62nd Ave. N. Ralph Kiefer, Jr. 2845 67th Lane Lee Marwede 4700, 02 68th Ave. N. W. Wetzel, L. Grones 4701, 03 68th Ave. N. John & Patricia DeVries 2911 68th Lane Director of Planning and Inspection SIGN HANGERS LICENSE Lawrence Sign Co. 945 Pierce Butler Rte. LeRoy Signs, Inc. 6325 Welcome Ave. N. Build •.Official TEMPORARY BEER LICENSE St. Alponsus Catholic Church 7025 Halifax Ave. N. ief of Police_ GENERAL APPROVAL: D. K. Weeks, City Clerk MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Geralyn R. Barone, Personnel Coordinato DATE: March 24, 1986 SUBJECT: Schedule of Events /75th Anniversary Celebration Attached you will find a tentative schedule of events for the 75th Anniversary Celebration. This schedule is subject to final insurance clearance, which should be completed this week. Also attached are the activities for Entertainment in the Park. These programs will commence at 7:00 p.m. on Tuesday evenings throughout the summer. t v BROOKLYN CENTER'S 75TH ANNIVERSARY CELEBRATION SCHEDULE OF EVENTS DATE ACTIVITY May 17 "Fashions From Yesteryear "* (Style Show, Luncheon) May 26 - June 6 "My Neighbor's The Greatest" Essay Contest May 30 - June 10 +Carnival* June 7 Hot -Air Balloon Show (Tentative) (Rain date is June 8) June 7, 8 Annual Swim Meet, Brooklyn Swim Club June 14, 15 Women's Early Bird Softball Tournament June 17 +Senior Ball with King, Queen Coronation June 20, 21, 22 Dudley Classic Softball Tournament* (Includes Celebrity Softball Game featuring Channel 11 and Brooklyn Center Police Association on June 21) June 25 - 29 Earle Brown Days Activities +Coloring Contest Hide -A -Key Contest June 25 Ice Cream Social and Brooklyn Community Band Concert, Brookdale Center June 26 +Parade June 28 +Auction June 28 +Antique Show June 28 +Fishing Contest June 29 +Sunday in Central Park 2:30 pm Brooklyn Community Children's Chorus 3 :30 pm Brooklyn Community Harmonettes 4 :30 pm Dudley Riggs Brave New Workshop 6:30 pm Celebrity Softball Game - local celebrities play WCCO television 8:15 pm Dedication of Central Park 8 :30 pm Brooklyn Community Band Concert Dusk Fireworks June 29 +75th Anniversary Swim Special* July 11, 12, 13 Vietnam Vets Softball Tournament July 12 +Fun Run July 26, 27 Jaycee Men's Softball Tournament July 26,27 Volksmarch (10K) July 31 +Circus* September 7 A Major Event of Great Historical Significance September 8 - 26 "Why I Like Brooklyn Center" Essay Contest October +75th Anniversary Closing Ceremonies *Denotes admission charge +Denotes events sponsored by the 75th Anniversary Committee NOTES See playground section of brochure for children's activities. Volunteers are needed for many activities; call 561 -5440 if interested in helping. All events subject to change; some events may be added. 75th Anniversary Memorabilia (buttons, caps, mugs, windsocks, sweatshirts) available after May 1st. FOR MORE INFORMATION, CALL 561 -5440 or 561 - 5448. 1986 Entertainment In The Park June 10 Zurah Shrine Concert Band - 55 piece Band Brooklyn Community Band June 17 North Hennepin Jazz Endenble - 15 piece June 24 Decades - Vocal Entertainment group July 1 FoxFire - Country Western Music - Tentative July 8 Mouldy Figs - Dixieland Jazz Band July 15 Happy Face Square Dance - Square Dance Demonstration Brooklyn Community Band July 22 The Rockin Hollywoods - 50's Music July 29 An evening with Chopin - Tadeusz Ma,jewski - Piano Concert August 5 Brooklyn Center Puppet Playhouse Climb Theater - Children's Play Barbershop Quartet - Tentative August 12 Hardly Heard - Bluegrass Sunday in Central Park June 29 2 :30 p.m. Brooklyn Community Children's Chorus 3:30 p.m. Brooklyn Community Harmonettes 4:30 p.m. Dudley Riggs Brave New Workshop 6:30 p.m. Celebrity Softball Game - Local Celebrities paly WCCO Television 8:15 p.m. Dedication of Central Park 8:30 p.m. Brooklyn Community Band Dusk Fireworks This year's programs were set up with some input from the Entertainment In The Parks Commission. We're not sure if everything will be successful, but we wanted to try a little of everything. The Parks and Recreation Department will evaluate attendance during the summer and make recommendations for next year.