Loading...
HomeMy WebLinkAbout1990 06-11 CCP Regular Session 1 CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JUNE 11, 1990 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: *a. April 23, 1990 - Regular Session 7. Final Plat Approval: *a. Cross of Glory Lutheran Church 8. Performance Bond Release: *a. Kids R Us, Westbrook Mall, 5717 Xerxes Avenue North 9. Proclamation: *a. Declaring June 29, 1990, as Anne Marshall Day in Brooklyn Center 10. Resolutions: *a. Accepting Work Performed under Contract No. 1989 -F -Alley paving improvement ro'ect Nos. 1989 -08 P 7 , 1989 - 15, 1989 -16, and 1989 -17. *b. Accepting Work Performed under Contract No. 1989 -G Brookdale Square traffic signals. *c. Accepting Work Performed under Improvement Project No. 1990 -09 -Well No. 2 modifications. *d. Accepting Bid and Awarding Contract for Reconstruction of West River Road between 66th and 73rd Avenues North, Improvement Project No. 1988 -18, Contract No. 1989 -I e. Accepting Bid and Awarding Contract for 1990 Sealcoating Program, 7 Improvement Pro No. 1990 -08 p Contract No. 1990 -A CITY COUNCIL AGENDA -2- June 11, 1990 f. Approving Purchase Agreement for 69th Avenue Right -of- Way, Improvement Project No. 1990 -10 -This resolution approves the terms of the purchase agreement which has been negotiated by the City's right -of -way agent for purchase of the property located at 3706 69th Avenue North. *g. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 6/11/90) *h. Recognizing the Achievement of Steve Stromquist -Mr. Stromquist has swum 500 miles in the Community Center swimming pool. 11. Ordinance: (7:30 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Parking Requirements for Retail Stores or Centers and Financial Institutions -This item was first read on May 7, 1990, published in the City's official newspaper on May 16, 1990, and is offered this evening for a second reading. 12. Planning Commission Item: (7:30 p.m.) a. Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate requesting a variance from the retail parking requirements contained in Section 35 -704 of the Zoning Ordinance to allow a retail use of the Gold's Gym building at 2920 County Road 10. -This application was considered by the City Council on May 7, 1990, and was tabled at the applicant's request pending consideration of an ordinance amendment modifying the retail parking requirement. This ordinance amendment is scheduled for a public hearing this evening. 13. Presentation: (8:00 p.m.) a. Annual Audited Financial Report - Representatives of the City's independent audit firm Deloitte and Touche will be present. 14. Discussion Items: a. Upper Twin Lake b. State Law Regarding Campaign Signs c. Establishing the Brooklyn Center Drug Awareness Commission *15. Licenses 16. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 23, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, City Engineer Mark Maloney, and Administrative Aide Patti Page. Mayor Nyquist noted Councilmember Cohen would be late for this evening's meeting. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had received two requests to use the open forum session this evening. He recognized James Bussa, 6718 Regent Avenue North. Mr. Bussa stated the streets in his neighborhood were sealcoated last fall, and he has some questions and concerns regarding the size and coarseness of the granite which was used. He noted his daughter has fallen on the street and needed six stitches in her knee. He stated several other children have also been injured while playing or riding their bikes on the street. He stated he has contacted the City rega -ding this, and the streets have been swept to remove the loose stone. Mr. Bussa questioned why such heavy duty stones were used in such a quiet residential area. He explained the school parking lot was also sealcoated last fall, but a different type of coating was used. He inquired if the City could retar and use this fine sand or rock in place of the rock which was used last year. The City Manager stated the City has experimented with several different types of stones. He noted the sealcoating process extends the life of the roadway and the application which is currently being used is the surface most recommended by the sealcoating companies. - He added the process which Mr. Bussa referred to in the school parking lot does not rejuvenate the asphalt. The Director of Public Works stated in the past the City applied pea rock but switched to the crushed rock because the pea rock was peeling off the street and losing its effectiveness. He stated he does not believe there are any cities using the process described by Mr. Bussa for residential streets. He added this particular process has a life expectancy of only four to five years. The Director of Public Works stated the coarseness of the rock does provide better 4/23/90 -1- traction for the vehicles, and staff does believe the current material is the best choice over the other options. Mr. Bussa stated there are also a number of senior citizens in his neighborhood, and they have commented it is difficult to walk on this surface. He added he would like to be able to teach his daughter to ride her bike, but they must go to Willow Lane school so she does not hurt herself on the street. The City Manager stated he would have staff look into this situation and see if there is any solution to this problem. Mayor Nyquist then recagnized Gregg Peppin, 6824 Drew Avenue North. Mr. Peppin stated he was troubled by a recent article in the PostNews concerning the $1,800 contract with Northwest News. He stated he found a great deal of repetitiveness in the articles between the PostNews paper and the Northwest News. Councilmember Philip Cohen entered the meeting at 7:24 p.m. Mr. Peppin stated he was not sure what a full page in the Star Tribune would cost, but he felt the cost for the Northwest News was very high for the coverage we received. He stated he has only attended one other Council meeting and at that particular meeting, the Council discussed its dissatisfaction with the PostNews. He stated now four to six weeks later a new newspaper is on the scene, and the City is paying for articles to be printed. He stated he feels this is very vindictive. Mr. Peppin noted a recent article in the Star Tribune listed the top ten cities for property taxes. He noted Brooklyn Center is rated No. 9. He inquired if Brooklyn Center is rated so high because of its poor spending habits. The City Manager stated the Northwest News newspaper is distributed free to every home in Brooklyn Center. He noted the City Manager's newsletter is also distributed to every home in Brooklyn Center, but the information that is printed in it is not always timely. He noted in the past the City has had some difficulties getting proper coverage from the PostNews. He stated currently a consultant is doing a communication study and surveys are being completed. He noted the articles which first appeared in the Northwest News had originally been prepared as staff reports and that may be why they seemed unreadable. He added only 16% of the property taxes collected go towards the City of Brooklyn Center. Mr. Peppin stated he does understand the issue a little better now, but he is still opposed to the expenditure. The City Manager explained the cost to publish an ad or an article in the Star Tribune would be astronomical. He explained the cost of printing the City Manager's newsletter is approximately $5,000 for each issue and if the newsletters were to be mailed out to each home, it would cost approximately'$42,000 a year. Councilmember Cohen stated there was a period of time in 1989 where the PostNews did not cover any Council meetings at all. He stated the public and residents of Brooklyn Center have a right to know what is happening within their City. Councilmember Paulson inquired if it is possible to reconsider an action which has already been approved. The City Attorney stated generally you would use a motion to rescind a previously approved action. However, in this case, it could 4/23/90 -2- be considered a breach of contract since Northwest News has already published the four issues for the City. Councilmember Paulson stated he is not sure he wants to rescind the previously approved motion. However, he would like to reconsider the issue in light of the new information. CONSENT AGENDA Mayor Nyquist stated he would like to remove item 7a from the agenda as he has not been able to reach the applicant for the Human Rights and Resources Commission. He inquired if any Councilmembers requested any other items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - MARCH 12 1990 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the March 12, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - MARCH 26 1990 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the March 26, 1990, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 90 -81 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS ON FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE BETWEEN SHINGLE CREEK AND T.H. 252, AND ON HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH (IMPROVEMENT PROJECT NOS. 1988 -25, 1989 -26, 1989 -27, 1990 -11 AND 1990 -12) AND CALLING FOR HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 90 -82 Member Todd Paulson introduced the following resolution and moved its adoption: DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION N0. 90 -83 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REPLACEMENT OF LIFT STATIONS 4, 5 AND 7, IMPROVEMENT PROJECT NO. 1989 -07, CONTRACT 1990 -C The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 4/23/90 -3- LICENSES There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE - OVER THE COUNTER Brooklyn Center Service 6245 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. I FOOD ESTABLISHMENT Bridgeman's 6201 Brooklyn Blvd. Brooklyn Center Church of the Nazarene 501 - 73rd Ave. N. St. Alphonsus Church 7025 Halifax Ave. N. Taco Bell 5532 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT Brooklyn Center American Legion Evergreen Park Brooklyn Center Fire Department Central Park Brooklyn Center Lions B. C. High School MECHANICAL SYSTEMS Air Corp, Inc. 13005 16th Ave. N. Flare Heating & Air Cond., Inc. 664 Mendelssohn Ave. N. Milts Gas Heating Service, Inc. 2500 Longview Drive New Mech Companies, Inc. 1633 Eustis Street Preferred Mechanical Services, Inc. 712 W. 77 1/2 St. Pride Mechanical, Inc. 3025 NE Randolph St. R & S Heating and Air Cond. 21357 Hemlock Ave. United Heating and A/C 7909 30th Ave. N. Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 Co. Road 10 NONPERISHABLE VENDING MACHINES Hub Vending 6123 Aldrich Ave. N. Johnson Controls 1801 67th Ave. N. Leeann Chin Commissary 6800 Shingle Ck. Pkwy. RENTAL DWELLINGS Initial: Patti Zoerb 5900 Camden Ave. N. Linda Fluguear 5242 Lakeside Place Renewal: Brookwood Estates 6201 N. Lilac Drive Brookwood Manor 6125 N. Lilac Drive Danny J. Peterson 5607 Colfax Ave. N. James & Yvonne Lyons 5303 Emerson Ave. N. Robert & Marilyn Cashman 5622 Emerson Ave. N. United Homes Corp. 4207 Lakeside Ave. N. #228 Gary & Carol Meinke 3601 47th Ave. N. John & Patricia DeVries 2911 68th Lane N. 4/23/90 -4- SIGN HANGER Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SPECIAL FOOD HANDLING ESTABLISHMENT Main Street Video 6800 Humboldt Ave. N. SWIMMING POOL Brookwood Estates 6201 N. Lilac Drive Earle Brown Farm Apartments 1701, 07 69th Ave. N. TAXICAB Suburban Taxi Corporation 9614 Humboldt Ave. S. Yellow Taxi Service Corp. 3555 5th Ave. S. The motion passed unanimously. MAYORAL APPOINTMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to table consideration of the mayoral appointment to the Human Rights and Resources Commission. The motion passed unanimously. _RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Right -of -Way Plan for 69th Avenue Improvement Project No. 1990 -10. The Director of Public Works stated in order to proceed with the acquisition of properties required to provide adequate right -of -way for this improvement, and to assure the cost of acquisition will be reimbursable from municipal state aid funds, it is necessary to adopt a right - of -way plan which identifies properties to be acquired and to receive approval of that plan from MNDOT state aid office. He explained Short- Elliott- Hendrickson, Inc. had prepared a detailed right -of -way plan. He went on to briefly review the plan prepared by Short - Elliott- Hendrickson, Inc. Councilmember Cohen inquired if the driveway into Mound Cemetery needs to be adjusted. The Director of Public Works stated it does not appear any adjustment will be necessary. Councilmember Cohen asked if there would be a left turn access problem into the cemetery and whether this had been discussed with the owners of Mound Cemetery. The Director of Public Works stated staff has not had any discussions with the owners of Mound Cemetery at this time. He noted this is not the final plan for the project only a right -of -way plan for acquisition purposes. Councilmember Cohen inquired if the City would be creating a negative environment for the home that is not being taken on West Palmer Lake Drive. The Director of Public Works stated he did not believe a negative environment would be created and noted after reviewing the plans and the site, he does not believe the City could justify the expense of taking this home. Public Works Coordinator Diane Spector entered the meeting at 7:50 p.m. Councilmember Scott expressed some concern with regard to the final plan. She stated she wants to be sure the development is not moved so far north that it is closer to the homes on the north side than the road has ever been on the south side. The Director of Public Works stated the setback requirement is 50' and noted with the purchase of the right -of -way, it should be possible to allow the 4/23/90 -5- required setback on each side of the development. Councilmember Pedlar inquired how far the second tier of homes would be from the roadway. The Director of Public Works stated the roadway would be 55' away from their south property line. He noted these homes faced east and west so the front of their homes would not be facing 69th Avenue. Councilmember Cohen stated he would want to be sure there is a decent buffer of landscaping between the roadway and the homes on the north side. The Director of Public Works stated the purpose of this particular plan is to prove to MNDOT the right -of -way is necessary for the project. Councilmember Cohen inquired if there had been any further study regarding acquisition of the south side homes. The City Manager stated it would be necessary to find other funding sources if the Council wished to purchase the homes on the south side. He noted staff can demonstrate that only one side of the homes is necessary to build the project with State aid funds. Councilmember Cohen stated the Council should also address the fairness of assessing the south side property owners. RESOLUTION NO. 90 -84 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING RIGHT -OF -WAY PLAN FOR 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Pedlar opposed. The City Manager presented a Resolution Regarding Disposition of Planning Commission Application No. 89012. He noted Fina Oil has requested withdrawal of its application for the site and building plan and special use permit approval. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar acknowledging withdrawal of Planning Commission Application No. 89012 by the applicant. The motion passed unanimously. The Director of Planning and Inspection stated the other two Planning Commission applications which pertained to this area will still be moving ahead. Mayor Nyquist recognized Howard Atkins who stated he was shocked and disappointed Fina Oil has backed out. However, he does have another company which is interested in this area for a service station. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 90006 SUBMITTED BY RICHARD WHITLEY REQUESTING RESUBDIVISION APPROVAL TO DIVIDE OFF A VACANT 40' LOT WHICH HAS BEEN COMBINED FOR TAX PURPOSES WITH THE PROPERTY AT 5411 FREMONT AVENUE NORTH The City Manager noted this item was recommended for approval 1 b the Planning PP y g Commission at its April 12, 1990, meeting. The Director of Planning and Inspection directed the Mayor and City Council to pages one through three of the April 12, 1990, minutes and information sheet. He stated basically the owner wishes to uncombine the existing lots which were combined for tax purposes years ago. He noted they are both legal lots of record. He stated the Planning Commission recommended approval of the application subject to three conditions which he reviewed for the Council. He noted there is not a public hearing 4/23/90 -6- scheduled this evening, but the applicant is present if the Council should have any questions. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 90006 submitted by Richard Whitley subject to the following conditions: 1. The City Assessor is directed to process the resubdivision in conjunction with Hennepin County. 2. The resubdivision involves - only pre- existing lots that comply with the provisions of Section 35 -500. No new lots are created. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 90008 SUBMITTED BY CHARLES HILLSTROM REQUESTING RESUBDIVISION APPROVAL TO DIVIDE OFF A VACANT 40' LOT WHICH HAS BEEN COMBINED FOR TAX PURPOSES WITH THE PROPERTY AT 5423 FREMONT AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its April 12, 1990, meeting. The Director of Planning and Inspection directed the Mayor and City Council to pages three and four of the April 12, 1990, minutes and information sheet. He noted this application is identical to the previous application. He stated there was one additional item of concern with this application because a cross access agreement would need to be filed for access to the detached garage. He noted a public hearing is not scheduled for this evening but the applicant is present. He then went on to review the five conditions for approval. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 90008 submitted by Charles Hillstrom subject to the following conditions: 1. The City Assessor is directed to process the resubdivision in conjunction with Hennepin County. 2. The resubdivision involves only pre- existing lots that comply with the provisions of Section 35 -500. No new lots are created. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 4. No variances from City ordinance requirements are implied. Any future structures on Lot 5 are required to meet setback requirements. 5. The applicant shall execute and file a cross access easement over the northwest corner of Lot 5 prior to finalization of the resubdivision. Said cross access easement shall be reviewed and approved by the City Attorney. 4/23/90 -7- The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 90007 SUBMITTED BY MERILA AND ASSOCIATES REQUESTING PRELIMINARY PLAT APPROVAL TO COMBINE THE PARCELS THAT MAKE UP THE CROSS OF GLORY CHURCH SITE AT 5929 BROOKLYN BOULEVARD AND THE MILO CARLSON PROPERTY AT 5830 DREW AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its April 12, 1990, meeting. The Director of Planning and Inspection directed the Mayor and City Council to pages four through six of the April 12, 1990, minutes and information sheet. He went on to briefly review the site. He noted the purpose of the- plat is to combine the land owned by the church into a single parcel and to resolve some title problems between the church property and the Milo Carlson property at 5830 Drew Avenue North. The Director of Planning and Inspection stated the surveyor believes he has discovered an error in the previous survey of the office site which gave the office a rectangle of land southeast of the building. He stated the church has approached the owners of the office building about participating in the plat and resolving the dispute over this land in the process. He noted the owners of the office building have declined at this time to participate. He noted the owners of the office building believe even if a surveying error was made in the past, they now have ownership of the land through adverse possession. He stated there could be a dispute over the filing of this plat. He explained the City Attorney has advised the Planning Commission and City Council to process the plat assuming it to be accurate. He then went on to review the four conditions recommended for approval of this application. He noted a public hearing has been scheduled for this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90007 submitted by Merila and Associates. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 90007. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve Planning Commission Application No. 90007 submitted by Merila and Associates 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. All survey monuments associated with the plat shall be installed and inspected prior to release of the final plat for filing. 4. A cross access agreement, as approved by the City Attorney, shall be filed with the title to the properties providing access across the proposed Lot 1 to Lot 2 in the area by Drew Avenue North. 4/23/90 -8- The motion passed. Councilmember Paulson abstained from the vote. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Proposals for Professional Services Relating to Acquisition of Right -of -Way for 69th Avenue Improvement Project No. 1990 -10. He explained this will start the process of acquisition for one home on 69th Avenue because the owners have sited a hardship case. The Director of Public Works stated staff will be submitting a proposal for the rest of the properties on 69th Avenue at the next Council meeting. Councilmember Pedlar stated he was not convinced the south side property owners would not be adversely affected by this development. The City Manager noted, as mentioned earlier, the City would have to find alternative funding sources to purchase the homes on the south side of 69th. Councilmember Cohen stated he believes the Council should be discussing alternative funding sources in the near future. The City Manager stated he believed it would be the middle of the summer before the EDA could start working on this issue. The Director of Public Works stated the City does not anticipate acquisition of most of the homes until late summer, 1991. He noted if there are owners that would like their property taken quickly, they should notify the City so staff knows how to proceed. Councilmember Scott inquired if the City were to buy some of the homes early who would be responsible for maintenance of the property. The City Manager stated there are multiple options with regard to this question; however, staff would not recommend renting the property. RESOLUTION NO 90 -85 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO ACQUISITION OF RIGHT -OF -WAY FOR 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed with Councilmember Jerry Pedlar opposed. The City Manager presented a Resolution Approving Purchase of Plotter for Use with Ultimap System. He briefly reviewed the memorandum prepared by the Director of Public Works regarding the purchase of this plotter. Mayor Nyquist inquired if staff did not recognize the amount of work or potential for work for the printer when the Ultimap system was first purchased. The City Manager stated at the time of the original purchase, staff didn't believe they would need a large printer on a frequent basis. Also, he noted at the time of the original purchase the printer cost approximately $17,000. RESOLUTION NO. 90 -86 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF PLOTTER FOR USE WITH ULTIMAP SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS 4/23/90 -9- I The Brooklyn Center City Council recessed at 8:47 p.m. and reconvened at 8 :59 p.m. Mayor Pro tem Pedlar reconvened the meeting as Mayor Nyquist left due to illness. DISCUSSION ITEMS REQUEST FROM PONDS ASSOCIATION II FOR SPEED LIMIT CHANGE The City Manager referred the Mayor Pro tem and Council to the report prepared for this item. The Director of Public Works stated the Administrative Traffic Committee has worked with the Ponds Association II for a number of years regarding issues in this area. Councilmember Scott inquired if traffic counts have been taken in this area. The Director of Public Works stated two traffic counts have been taken, and the volume of traffic on Unity Avenue is what can be expected compared to the number of homes in the area. He noted there is not a substantial amount of cut - through traffic in this area. Councilmember Scott inquired if there was any particular time of day when it was excessive in the area. The Director of Public Works stated there were some fluctuations, but it was fairly uniform. Mayor Pro tem Pedlar recognized Mr. David Kiser, representing the Ponds Association II. Mr. Kiser stated he has observed a number of people driving at excessive speeds through this neighborhood. He noted there are a number of children in the area, and he is concerned with regard to their safety. He also noted this is a very curvy road, and he has actually seen some drivers pass other vehicles on this road. Councilmember Paulson inquired if Mr. Kiser had any way of measuring how often people exceed the speed limit. Mr. Kiser stated he would approximate three to four vehicles per hour exceed the speed limit. Councilmember Cohen asked the Director of i Public Works to comment on the many curves in this road. The Director of Public Works stated he believed the road was designed this way to try to slow the traffic in this area. He noted it is possible the State Commissioner of Transportation, after reviewing the issue, may raise the speed limit instead of lowering the limit. Councilmember Cohen asked if staff could review the street layout and any possible changes. The City Manager stated staff could report back after the State Commissioner of Transportation has reviewed this issue. RESOLUTION NO. 90 -87 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION TO CONDUCT A TRAFFIC INVESTIGATION ON UNITY AVENUE NORTH BETWEEN 69TH AND 73RD AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. YARD WASTE DISPOSAL UPDATE The City Manager stated the HRG has received a proposal from Lynde and McLeod Development Company, Inc. regarding a yard waste drop -off site in Maple Grove. He noted this site would allow residents to dump their yard waste for a fee. However, the residents must empty the plastic bags and take the bags with them. He stated what is being proposed for this site is a land spreading operation versus composting. He has stated at this time the HRG is proposing the portion 4/23/90 -10- of the Hennepin County tipping fees which goes towards yard d waste would be used g g y to pay the HRG share of this agreement. He added the HRG is also proposing to pay the residents fee for at least the first year. He added this is an alternative to the residents and noted they could still have their garbage haulers remove the yard waste. Councilmember Cohen inquired what the time frame was for opening this site. The City Manager stated it could be within the next 30 days. Councilmember Scott stated the City must notify residents very clearly as to what can and cannot be dropped off at the yard waste site. There was a motion by Councilmember Cohen and seconded by Councilmember Scott approving the concept of the Lynde and McLeod Development Company, Inc. proposal to the HRG. The motion passed unanimously. Mayor Pro tem Pedlar recognized Dan Remiarz, 6201 June Avenue North. Mr. Remiarz referred the City Council to an article which appeared in the Star Tribune on April 19, 1990. He noted the article pertained to recycling and stated Brooklyn Center was not mentioned in the article. The City Manager stated in this article the Star Tribune used annual figures and explained the City of Brooklyn Center has only been recycling for the last six months. Mr. Remiarz stated he feels the recycling program in Brooklyn Center is very poor. REFORESTATION PROGRAM The City Manager stated during the last budget session, the City Council requested further information pertaining to a reforestation program. The Director of Public Works referred the Mayor Pro tem and City Councilmembers to the report prepared by the Public Works Coordinator Diane Spector. He explained over the past few years the City has been taking preventive measures to remove diseased trees. He noted there has been a net loss of approximately 3,000 trees in Brooklyn Center. The Public Works Coordinator stated the Minnesota DNR is developing a program aimed at providing cost sharing and technical assistance for municipalities establishing comprehensive forestry programs. She explained this program would include for 1991 cost- sharing provisions for acquiring and planting trees. She noted a comprehensive forestry program in Brooklyn Center would include: tree inventory; tree diseased control; a tree trimming program; landscaping planning assistance; and reforestation efforts. She noted it should be coordinated by a person with a forestry background. She then went on to briefly review the report she had prepared for the Council. Councilmember Cohen stated it appears the staff and Council have some short and long -range alternatives and plans to make. He noted at this time he would suggest buying trees at a volume discount and extending this contract to residents so they could buy larger trees. Councilmember Paulson inquired what a tree inventory would cost. The Public Works Coordinator stated in 1979 the City of Robbinsdale conducted a tree inventory, and it cost approximately $4,000. She noted this inventory collected information on the type of tree, size of tree, age, number per parcel, and health. Councilmember Paulson inquired how this information would be useful. The Public Works Coordinator stated at this point City staff does not know the number or. types of trees which are in the City. She noted this information would allow staff to plan for a better, more varied urban forest and would also help to avoid a major wipeout like the Dutch elm disease. Councilmember Paulson commented he would rather spend money on planting trees than finding out what type of trees are already existing. The 4/23/90 -11- Public Works Coordinator stated it is not adequate enough. to just go out and start planting trees, there has to be some type of management plan to care for these trees. Councilmember Scott stated she believes there was a higher number of trees lost than what is reflected in the report. She noted many times homeowners remove trees before the City has even marked them. She stated one concern she has is that homeowners be careful when planting trees so the utility companies will not be doing the trimming. She added she felt the City should get started this year using whatever funding is available. She noted she felt the inventory may have been helpful when the .Dutch elm disease first came along because then staff would have known where the trees were located and some preventive maintenance could have been tried. The Director of Public Works stated the tree inventory is a very essential part of the program and noted it is the first step to obtaining funding from the State. Councilmember Paulson inquired if the tree inventory is a requirement to get funding from the State. The Director of Public Works stated the existence of the inventory or development of it will be essential to receiving funding from the State. He noted the City of St. Louis Park has been using a program available through LOGIS for a tree inventory. He noted he would like staff to be able to review this program more thoroughly. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to develop a contract with a supplier for purchase and installation of trees to the residents; to develop a contract for residents to buy trees at a discounted price because of the bulk volume; and also directing staff to pursue the three options outlined within the Public Works Coordinator's report. The motion passed unanimously. RECOMMENDATIONS FROM ADMINISTRATIVE TRAFFIC COMMITTEE The Director of Public Works stated the Administrative Traffic Committee recommends the current street light policy be amended to allow installation of alley lights on the same basis as street lights. He explained petition for installation of the light must be signed by a majority of the property owners abutting the alley, and it must include the approval of the property owners which will be adjacent to the light. A brief discussion then ensued whether this would apply to lights that have already been installed. RESOLUTION NO. 90 -88 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING STREET AND ALLEY LIGHTING POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. REDEVELOPMENT POTENTIAL - SOUTH OF 69TH AVENUE ADJACENT TO T.H. 252 The City Manager explained in the past there has been some discussion for development of the area south of 69th Avenue adjacent to T.H. 252. Councilmember Cohen left the meeting at 10:15 p.m. The City Manager then went on to review the various alternatives and explained 4/23/90 -12- a there was no specific action required this evening. Councilmember Scott inquired if the Evanson's still own property in this area. The City Manager responded affirmatively but noted there are indications they may be interested in selling. The Director of Public Works stated staff needs to speak with the owners to find out which owners would be willing to cooperate and then choose an alternative that works best with those people. PROPOSED FOOT PROTECTION POLICY The City Manager explained the Safety Committee has been working on a safety manual and noted this policy is part of the safety manual. The Personnel Coordinator went on to- review the report prepared for this item and noted there would be a $35 reimbursement for those employees who purchase steel toe shoes. She stated this would promote safer working conditions for the City's employees. She added it would cost the City approximately $2,000 annually if every qualified employee purchased steel toe boots. There was a motion by Councilmember Scott and seconded by Councilmember Paulson approving the foot protection policy. The motion passed unanimously. SANITARY SEWER BACKUP CLAIMS The Finance Director briefly reviewed the procedure which is used at this time if a resident calls regarding a sewer backup problem. He stated at this time the only legal basis there is for the insurance company to pay a claim is if the City is found negligent. He added generally most sewer claims are denied. He stated in some instances the residents do come to the Council requesting reimbursement. The Finance Director stated recently there have been a couple of articles in the League of Minnesota Cities magazine dealing with sewer backup claims. He stated it is his recommendation the City continue its present policy of leaving the payment of sewer backup claims to the City's insurance carrier who pays only when it is determined the City has a legal obligation to pay the claim. OTHER BUSINESS The City Manager stated he would like authorization to sign the contract with the facilitators for the annual planning meeting. There was a motion by Councilmember Scott and seconded by Councilmember Paulson authorizing the City Manager to execute an agreement with the facilitators of the annual planning meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Paulson and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:40 p.m. City Clerk Mayor 4/23/90 -13- CITY OF BROOKLYN CENTER Council Meeting Date 6/11/90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ***************************************************************************************** ITEM DESCRIPTION: FINAL PLAT APPROVAL - CROSS OF GLORY ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY K APP, DIRECTOR PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Cross of Glory Lutheran Church and Mr. Milo Carlson seek approval of the final plat of Cross of Glory Addition. Previous Council Action The Council on April 23, 1990 approved the preliminary plat, subject to the conditions outlined on the attached memorandum. As noted in the memo, all conditions but one have been met. Staff Recommendation This plat is recommended for approval, subject to the remaining condition. The cross access agreement is being reviewed by the City Attorney, and will be executed and filed prior to release of the plat. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER MINNESOTA 55430 B ROOKLYN TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: June 8, 1990 RE: Final Plat - Cross of Glory Addition Conditions adopted for the preliminary plat by the City Council, at its April 23 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 the City ordinances. 3. All survey monuments associated with the plat shall be installed and inspected prior to release of the final plat for filing. 4. A cross access agreement, as approved by the City Attorney, shall be filed with the title to the properties providing access across the proposed Lot 1 to Lot 2 in the area by Drew Avenue North. Conditions 1, 2, and 3 have been met. The cross access agreement required as condition 4 is currently being reviewed by the City Attorney. Accordingly, I recommend approval of the final plat, subject to the following condition: 1. A cross access agreement shall be approved by the City Attorney and executed by the appropriate parties prior to release of the final plat for filing. Respectfully submitted, Sy Knapp Director of Public Works cc: Cross of Glory Addition - rose ui uueiu rnr �� CITY OF BROOKLYN CENTER FINAL PLAT /RLS APPROVAL APPLICATION Please Print Clearly or Type Name of Proposed Plat /RLS Cross of Glory Addition Street Address of Property 5929 Brooklyn Boulevard Legal Description of Property (attached additional sheets, if necessary) (see attached) Cross of Glory 533 -8602 (church) Owner Name Lutheran Church Milo Carlson Phone No 533 -9240 (Carlson) 5929 Brooklyn Boulevard 5830 Drew Ave. N. Address Brooklyn Center. MN Brooklyn Center MN Owner's Representative Walter Gregory Phone No 533 -7595 Address Meri_la & Associates 8401 73rd Ave N Suite 63, Brooklyn Park, MN 55428 (DO NOT WRITE BELOW THIS LINE) WATERSHED COMMISSION APPROVAL Shingle Creek Watershed West Mississippi Watershed Watershed Approval Date - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PRELIMINARY PLAT /RLS APPROVAL Planning Commission Application No. 90007 Approval Date April 12, 1990 Planning Commission Recommendation: City Council Action City Council Approval Date April 23, 1990 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY COUNCIL ACTION ON FINAL PLAT /RLS APPLICATION SUBMITTED May 24, 1990 RECEIVED BY Sy Knapp (Date) RESUBMITTED RECEIVED BY (Date) Dates of Council Consideration: June 11, 1990 Approved Denied this day of 19 the following conditions: FORMS: Platapp.p FINAL PLAT /RLS APPROVAL PROCEDURE Before the city authorizes the release of the executed final plat the following procedure will be followed: 1. If the Owner or Applicant is unfamiliar with the final Plat /RLS approval process, prospective Owners /Applicants should arrange an informational meeting with Engineering Department staff to discuss submittal requirements and to become familiar with applicable ordinance and policy provisions. 2. At least 15 days prior to the council meeting the Owner or Owner's Representative submits the Final Plat /RLS Approval Application. Two copies of the proposed Final Plat /RLS must be attached to the application. 3. The Owner delivers 2 copies of the proposed Final Plat /RLS and a current (updated within 30 days of submittal) abstract of the property or registered property abstract to the City Attorney, Charles LeFevere, with the firm of Holmes & Graven, 470 Pillsbury Center, Minneapolis, Minnesota 55402, Telephone No. 337 -9215. 4. The City Engineer sends a print of the Final Plat /RLS to the City Attorney, reviews the document, prepares any agreements (developer, utility hookup, easements, etc.) specified in Preliminary Plat /RLS approval conditions and submits the Final Plat /RLS to City Council for approval. 5. The City Council acts on the Final Plat /RLS Approval Application and specifies conditions of approval. 6. The City Attorney reviews the Final Plat /RLS, the Abstract, any special agreements. He then prepares the Title Opinion and returns the Abstract to the Owner. 7. The City Engineer receives favorable Title Opinion from the City Attorney and sends the Owner the required agreements for execution. 8. The Owner delivers executed copies of the required agreements, two Final Plat /RLS mylars (1 labeled "City Copy "), and 1 - 200 scale mylar to the City Engineer. 9. The City Engineer confirms that all of the required documents have been executed and delivered, circulates the agreements and mylars for City signatures, prepares the documents needed for recording the Final Plat /RLS at Hennepin County and notifies the Owner that the Final Plat /RLS has been executed by the City may be picked up and taken to Hennepin County for recording. NOTE: The procedure outlined above completes the Final Plat /RLS approval process required by the City of Brooklyn Center. Hennepin County has additional requirements for processing a Final Plat /RLS. If the Owner is not familiar with the County's requirements or with the filing process, we strongly recommend that the Owner delegate Plat /RLS recording to the Land Surveyor that prepared the Final Plat /RLS. FORMS: Platapp.p LEGAL DESCRIPTIONS OF PROPERTY TO BE PLATTED PARCEL 1 Lots 3 to 10, inclusive, Block 2, all of Outlot 1, except the easterly 30 feet thereof, PEARSON'S NORTHPORT 3RD ADDITION, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 504728. PARCEL 2 That part of Lot 14, AUDITORS SUBDIVISION NUMBER 216, Hennepin County, Minnesota, lying North of the north line of GRIMME'S ADDITION and East of the east line of that tract of land conveyed to the Village of Brooklyn Center in Book 2119 of Deeds, Page 170 as Document No. 3048751 as recorded in the office of the County Recorder in Hennepin County, Minnesota, EXCEPTING therefrom that part of said Lot 14, said AUDITORS SUBDIVISION NUMBER 216, lying within the following described tract: Beginning at the northwest corner of Lot 13, Block 1, GRIMME'S ADDITION; thence easterly along the northerly line of said Lot 13 to the northeast corner of said Lot 13; thence northerly in a straight line and at right angles to said northerly line of said Lot 13 a distance of 35 feet; thence westerly and parallel to the northerly line of said Lot 13, a distance of 185.85 feet; thence southerly to the point of beginning, according to the plat thereof on file and of record in the office of the County Recorder in and for said County and State. PARCEL 3 That part of Lot 11, AUDITORS SUBDIVISION NUMBER 216, Hennepin County, Minnesota, lying easterly and southerly of the plat of PEARSON'S NORTHPORT 3RD ADDITION. PARCEL 4 That part of Lot 13, AUDITORS SUBDIVISION NUMBER 216, Hennepin County, Minnesota, lying North of GRIMME'S ADDITION and West of the west line of Lot 1, Block 1, said GRIMME'S ADDITION, extended northerly. EXCEPT: That part of Lot 13, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of Lot 13, Block 1, GRIMME'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence northerly 35.00 feet at right angles to the north line of said Lot 13, Block 1; thence westerly parallel with said north line of Lot 13, Block 1, to the westerly line of said Lot 13, AUDITOR'S SUBDIVISION NO. 216; thence southerly 35.00 feet along the said westerly line of said Lot 13, AUDITOR'S SUBDIVISION NO. 216, to the north line of said Lot 13, Block 1; thence easterly along said north line of Lot 13, Block 1, to the point of beginning. PARCEL 5 The easterly 30 feet of Outlot 1, PEARSON'S NORTHPORT 3RD ADDITION, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. PARCEL 6 Lot 13, Block 1, GRIMME'S ADDITION, Hennepin County, Minnesota; and That part of Lot 13 and Lot 14, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of Lot 13, Block 1, GRIMME'S ADDITION, according to the map or plat of record in the Office of the Register of Deeds in and for said Hennepin County, Minnesota, which is the point of beginning; thence easterly along the northerly line of said lot to the northeasterly corner of said lot; thence northerly in a straight line and at right angles to said northerly line of said lot a distance of 35 feet, thence westerly and parallel to the northerly line of said lot a distance of 185.85 feet, thence southerly to the point of beginning. EXCEPT: That part of Lot 13, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of Lot 13, Block 1, GRIMME'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, thence northerly 35.00 feet at a right angle to said north line of Lot 13, Block 1; thence westerly 59.85 feet parallel to said north line; thence southerly 35.00 feet at a right angle to said north line; thence easterly 59.85 feet along said north line to the point of beginning. PARCEL 7 That part of Lot 13, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of Lot 13, Block 1, GRIMME'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; thence northerly 35.00 feet at a right angle to said north line of Lot 13, Block 1; thence westerly 59.85 feet parallel to said north line; thence southerly 35.00 feet at a right angle to said north line; thence easterly 59.85 feet along said north line to the point of beginning. Q S' R CL o CL n $x - - - - - - - Cl .Y i I iJ r�..� <— I � •� / — rt0�le0,O r,M ai.�U.� /(. - � -� ' X • I I I ,Sr ! �1 / a -' wtuYM'bwW(TFi'+a�W �' 1 !.) fir_ (cf W os N o9 Ld 1"_ vii i ' I `, _; � l . r Ld o qq f �,---------- ------ � eY uj 0 cr. �� e I fit t'! -1 A CITY OF BROOKLYN CENTER Council Meeting Date 6 -11 -90 Agenda Item Number a— REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Performance Guarantee Release DEPARTMENT APP ^^ Signature - title Director of Planning and Inspecti o MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: sheets a (supplemental ttached The following performance guarantee is recommended for release: 1. Westbrook Mall (Kids "R" Us) 5717 Xerxes Avenue No Planning Commission Application Amount of Guarantee - $50,000 bond Obligor - Toys "R" Us This bond was taken to ensure completion of site improvements in the parking lot on the north side of Westbrook Mall which were contemplated along with the interior remodeling for the Kids "R" Us store. Toys "R" Us, the parent company, submitted the bond. All site improvements have been completed. Recommend total release. Q- PROCLAMATION DECLARING JUNE 29 1990 AS ANNE MARSHALL DAY WHEREAS, Anne Marshall was the driving force in setting up the Domestic Abuse Intervention Project in Brooklyn Center; and WHEREAS, Anne Marshall has run the Domestic Abuse Intervention Project in Brooklyn Center since its inception in May of 1983; and WHEREAS, Anne Marshall has given freely of her time, over and above her pay, to help the victims of domestic abuse in Brooklyn Center and to make the system better for all victims in Minnesota; and WHEREAS, Anne Marshall will retire from her position with the Brooklyn Center Domestic Abuse Intervention Project as of July 1, 1990; and WHEREAS, The City of Brooklyn Center wishes to express its pride and thanks to Anne Marshall. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby proclaim Friday, June 29, 1990, as Anne Marshall Day in Brooklyn Center and call upon all of the citizens of Brooklyn Center to recognize her efforts in the Domestic Abuse Project. Date Mayor Seal Attest Clerk CITY OF BROOKLYN CENTER Council Meeting Date 6/11/90 Agenda Item Number o Q. REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -F - ALLEY PAVING IMPROVEMENT PROJECT NOS. 1989 -08, 1989 -15, 1989 -16 AND 1989 -17 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: R -1C � rc SY KNAPP, DIRECTOR PUBLIC WORKS MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Contract 1989 -F, Alley Paving (Improvement Project Nos. 1989 -08, 1989 -15, 1989 -16 and 1989 -17) has been completed by Thomas and Sons Construction, Inc. The City Council awarded the bid as per Resolution No. 89 -147 and a Contract was subsequently executed in the amount of $136,977.10. The value of the work performed for the project exceeds the contract amount by $7,448.54. The majority of the overrun J y is due to the underestimation of bituminous quantities associated with Improvement Project No. 1989 -17. It is recommended that the Council approve final payment in the amount of $144,425.64 Note: Staff will prepare an item for the June 25, 1990 City Council agenda which addresses special assessment deferment policy, specifically for this project and also for future projects. City Council Action Required A resolution is provided for adoption by the City Council. • l0a' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -F - ALLEY PAVING IMPROVEMENT PROJECT NOS. 1989 -08, 1989 -15, 1989 -16, AND 1989 -17 WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. has satisfactorily completed the following improvement in accordance with said contract: ALLEY PAVING IMPROVEMENT PROJECT NOS. 1989 -08, 1989 -15, 1989 -16, AND 1989 -17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $136,977.10 $144,425.64 2. The value of work performed exceeds the original contract value by $7,448.54 due to an underestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $144,425.64 BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: 1. There is appropriated the sum of $7,448.54 for additional costs. 2. The appropriation will be financed by: MSA Fund #2611 $7,448.54 BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: Projects 1989 -08, 1989 -15, 1989 -16, and 1989 -17 are final and are accepted and approved according to the following schedules: i RESOLUTION NO. 1989 -F As As As Project Costs Ordered Bid Final ----------- - - - - -- ------ - - - - -- ------ - - - - -- ------ - - - - -- Contract $155,500.00 $136,977.10 $144,425.64 Contingency 23,240.00 13,697.65 - Staff Engineering 14,620.00 12,053.93 23,972.92 Other Engineering - - 1,211.22 Administration 1,745.00 1,506.74 1,454.26 Legal 1,745.00 1,506.74 1,454.26 Right of Way - - 790.00 Interest 16,300.00 15,067.42 15,803.51 ------ - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $213,150.00 $180,809.58 $189,111.81 Project Revenues ----------------- Sp Assessments $148,250.00 $134,334.58 $132,864.94 Local MSA -Storm 64,900.00 46,475.00 46,277.00 Local MSA -Other 0.00 0.00 10,969.87 ------ - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $213,150.00 $180,809.58 $189,111.81 1989 -08 As As As Girard /Fremont Ordered Bid Final ----------- - - - - -- ------ - - - - -- ------ - - - - -- ------ - - - - -- Contract $76,100.00 $70,171.04 $73,163.60 Contingency 11,400.00 7,017.10 - Staff Engineering 7,600.00 6,175.05 14,936.54 Other Engineering - - 503.36 Administration 850.00 771.88 741.64 Legal 850.00 771.88 741.64 Right of Way - - - Interest 8,700.00 7,718.81 7,767.21 ------ - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $105,500.00 $92,625.77 $97,853.99 Sp Assessments $74,200.00 $63,500.77 $63,500.77 Local MSA -Storm 31,300.00 29,125.00 29,138.00 Local MSA -Other 5,215.22 ------ - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $105,500.00 $92,625.77 $97,853.99 RESOLUTION NO. 1989 -15 As As As Girard /Humboldt Ordered Amended Final ----------- - - - - -- ------ - - - - -- ------ - - - - -- ------ - - - - -- Contract $35,600.00 $29,461.00 $30,266.12 Contingency 5,340.00 2,946.10 - Staff Engineering 2,960.00 2,592.57 3,608.16 Other Engineering - - 251.68 Administration 400.00 324.07 302.66 Legal 400.00 324.07 302.66 Right of Way - - - Interest 4,000.00 3,240.71 3,404.76 - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $48,700.00 $38,888.52 $38,136.04 Sp Assessments $31,400.00 $31,221.52 $30,840.04 Local MSA -Storm 17,300.00 7,667.00 7,296.00 Local MSA -Other ------ - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $48,700.00 $38,888.52 $38,136.04 1989 -16 As As As Emerson /Fremont Ordered Amended Final ----------- - - - - -- ------ - - - - -- ------------ ------ - - - - -- Contract $30,000.00 $30,617.47 $30,610.07 Contingency 4,500.00 3,061.75 - Staff Engineering 2,760.00 2,694.34 3,660.90 Other Engineering - - 397.68 Administration 345.00 336.79 306.10 Legal 345.00 336.79 306.10 Right of Way - - 790.00 Interest 2,000.00 3,367.92 3,416.64 ------ - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $39,950.00 $40,415.06 $39,487.49 Sp Assessments $23,650.00 $30,732.06 $29,644.49 Local MSA -Storm 16,300.00 9,683.00 9,843.00 Local MSA -Other TOTAL $39,950.00 $40,415.06 $39,487.49 RESOLUTION NO. 1989 -17 As As As Lakeview /Twin Lake Ordered Amended Final ----------- - - - - -- ------ - - - - -- ------ - - - - -- ------ - - - - -- Contract $13,800.00 $6,727.00 $10,385.85 Contingency 2,000.00 672.70 - Staff Engineering 1,300.00 591.98 1,767.32 Other Engineering - - 58.50 Administration 150.00 74.00 103.86 Legal 150.00 74.00 103.86 Right of Way - - Interest 1,600.00 739.97 1,214.90 ------ - - - - -- ------ - - - - -- ------ - - - - -- TOTAL $19,000.00 $8,879.64 $13,634.29 Sp Assessments $19,000.00 $8,879.64 $8,879.64 Local MSA -Storm Local MSA -Other 4,754.65 TOTAL $19,000.00 $8,879.64 $13,634.29 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 6/1 1 /9n Agenda Item Number !b In REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -G - BROOKDALE SQUARE TRAFFIC SIGNALS ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: I nn � SY" KNAPP, D RECTQR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Contract 1989 -G, Brookdale Square Traffic Signals (Improvement Project No. 1988 -24) has been completed by CSI Electric, Inc. The City Council awarded the bid as per Resolution No. 89 -156 in the amount of $63,315.00. As a result of Change Order No. 1, the final contract amount exceeds the original contract by $750.00. This change order was required to provide temporary lighting of the newly created intersection, until illumination could be supplied by the permanent signal /street light system. It is requested that the Council approval final payment in the amount of $64,065.00. City Council Action Required Adopt the attached resolution. • !d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -G - BROOKDALE SQUARE TRAFFIC SIGNALS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, CSI Electric Inc. has satisfactorily completed the following improvement in accordance with said contract: TRAFFIC CONTROL SIGNAL SYSTEM, BROOKDALE SQUARE ENTRANCE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $63,315.00 $64,065.00 2. The value of work performed exceeds the original contract value by $750.00, as a result of Change Order No. 1. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $64,065.00. BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: 1. There is appropriated the sum of $750.00 for additional costs. 2. The appropriation will be financed by: MSA Fund #2613 $ 500.00 MSA Fund #2611 250.00 TOTAL $ 750.00 BE IT FURTHER RESOLVED BY THE CITY COUNCIL, of the City of Brooklyn Center, Minnesota that: Project 1988 -24 is final and is accepted and approved according to the following schedules: RESOLUTION N0, Project Costs As Approved As Final Contract $63,315.00 $64,065.00 Professional Engineering 7,250.00 3,265.54 Staff Engineering 5,698.35 3,225.92 Administration 633.15 640.65 Legal 633.15 640.65 Capitalized Interest 7.597.80 2,588.34 Total $85,127.45 $74,426.10 Project Revenues Special Assessments 77,877.45 74,426.10 Regular MSA Fund YJ2613 56,801.75 47,272.83 Local MSA Fund YJ2611 (49,551.75) (47,272.83) Total $85,127.45 $74,426.10 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 6 Agenda Item Number 10 C, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -09 - WELL NO. 2 MODIFICATIONS DEPT. APPROVAL: ;;� �� I c SY K APP, DIRECTOR&TF PUBLIC WORKS **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) At the regular meeting of February 26, 1990, the City Council, per Resolution No. 90 -40, awarded two contracts for the rehabilitation of Well No. 2 (Improvement Project No. 1990 -09). Layne Minnesota Company and Collins Electric Company have both completed their portions of the work and have requested final payment. It is recommended that the Council approve final payments of $5,090.00 to Layne Minnesota Company and.$9,796.39 to Collins Electric Company. City Council Action Required A resolution is provided for consideration by the City Council. IOG Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1990 -09 - WELL NO. 2 MODIFICATIONS WHEREAS, pursuant to a written contract for Improvement Project 1990 -09, with the City of Brooklyn Center, Layne Minnesota Company has satisfactorily completed the following improvement in accordance with said contract: WELL NO. 2 IMPROVEMENTS, ELECTRIC MOTOR AND HEADSHAFT WHEREAS, pursuant to a written contract for Improvement Project 1990 -09, with the City of Brooklyn Center, Collins Electric Company has satisfactorily completed the following improvement in accordance with said contract: WELL NO. 2 IMPROVEMENTS, ELECTRICAL REVISIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed for Well No. 2 improvements, Electric Motor and Headshaft is accepted and approved. As Approved Final Amount Original Contract $5,090.00 $5,090.00 2. The work completed for Well No. 2 improvements, Electrical Revisions is accepted and approved. As Approved Final Amount Original Contract $9,890.00 $9,796.39 3. The value of the work performed for Well No. 2 improvements, Electrical Revisions, is less than the original contract amount by $93.61 due to the use of an approved equal well motor starter. 4. It is hereby directed that final payments be made on both contracts, taking the Contractor's receipts in full. The total amount to be paid for said improvement under said contracts shall be $14,886.39. 5. Payment for said improvements will be made from the Public Utility Fund. RESOLUTION N0, Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date ti i— ? 1 /a O Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** . ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18, CONTRACT 1989 -I DEPT. APPROVAL: ('OR SY KNAPP, DIRECTO F PUBLIC WORKS ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * ** * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) On April 9, 1990, the City Council approved plans and specifications for the improvement of West River Road between 66th and 73rd Avenues North. Bids for construction of this improvement were opened on May 15, 1990. Of the 7 bids received, the lowest bid was from Thomas and Sons Construction, Inc. in the amount of $1,015,253.85. The Engineer's estimate for this work was $1,200,660. As shown in the attached resolution, the originally estimated total project costs for the West River Road improvement were $1,318,848. Because of numerous changes (see details as noted in reports presented at the Council meeting of May 21, 1990), estimated total project costs had increased to $1,702,334. However, based on the low bid, we now estimate total project costs at $1,552,837. The City has received MNDOT's formal concurrence in the award of this contract to the low bidder. The City has also received the fully executed cooperative - agreement with MNDOT providing for their financial participation in this project. Based on that agreement, the distribution of project costs will be as shown in the attached resolution. Staff recommends acceptance of the low bid and award of the contract to Thomas and Sons Construction Inc. City Council Action Required A resolution is provided for consideration by the Council. lox Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18, CONTRACT 1989 -I WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1988 -18, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 15th day of May, 1990. Said bids were as follows: Bidder Bid Amount Thomas and Sons Construction, Inc. $1,015,253.85 Arcon Construction 1,084,828.87 Rice Lake Contracting 1,129,756.76 Brown & Cris 1,144,141.50 Hardrives, Inc. 1,162,598.16 Northdale Construction 1,199,561.27 C. S. McCrossan 1,262,147.44 WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas and Sons Construction, Inc. of Rogers Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1988 -18 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Improvement Project No. 1988 -18 is hereby amended from $1,318,848 to $1,552,837. The estimated project cost is comprised of the following: RESOLUTION NO. As Ordered As Amended As Amended (Feas. Report) (Eng. Report) (per low bid) Contract $ 757,513 $1,200,660 $1,015,254 Contingency 104,061 60,000 50,763 Landscaping 100,000 100,000 100,000 Right -of -Way Acquisition 0 85,800 85,800 Underground Electrical System & Street Lights 183,100 56,500 56,500 Engineering 174,174 174,174 223,200 Administrative 0 12,600 10,660 Legal and Bonding 0 12.600 10.660 Total Estimated Project Cost $1,318,848 $1,702,334 $1,552,837 The estimated costs to be financed will be: As Ordered As Amended As Amended (Feas. Report) (Eng. Report) (per low bid) Special Assessments $ 79,402 $ 79,402 $ 79,402 Public Utility Fund 47,700 70,000 68,803 Minnesota Dept. of Transp. 500,005 677,155* 655,637* Local Municipal State Aid Fund 2611 691.741 875.777 748.995 Total $1,318,848 $1,702,334 $1,552,837 *Note: These amounts do not include the $55,000 contingency encumbrance included in MNDOT's agreement with the City. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 6/11Z9 Agenda Item Number ioe REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1990 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1990 -08, CONTRACT 1990 -A ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: r0Z SY KNAPP, DIREC OR OF LIC WORKS * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * ** * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: L No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) At its regular meeting of February 26, 1990, the City Council adopted a resolution which approved specifications for the 1990 Sealcoating Program and ordered advertisement for bids. After receiving input from a citizen at the April 23 meeting, Council directed staff to investigate the use of alternate aggregate materials for this year's project. A resolution was adopted at the May 7 meeting which directed the City Engineer to issue an addendum to the specifications, which provided for bid alternates based on a smaller, less aggressive aggregate (FA -2 or FA -2 Modified) for use on low- volume residential streets. The addendum issued by the City Engineer amended the proposal form and specifications to allow for bids based on the following g ions of material types and sizes: � Option A - FA -2 Modified (trap rock) for residential streets FA -3 Modified (trap rock) for collector streets Option B - p FA-2 (granite) for residential streets g ) FA -3 Modified (trap rock) for collector streets Option C - FA -3 Modified (trap rock) for both residential and collector streets Option D - FA -2 (granite) for both residential and collector streets These combinations were determined based on consultation with aggregate suppliers, who revealed that materials, which had previously been too expensive to consider, were now available in quantities and at costs which make them feasible for our program. Samples of all the aggregate specified will be available at the Council meeting. Bids for construction, based on the above options, were opened on June 6, 1990. Staff recommends that although Option A is the most desirable combination of materials, Option B is more cost - effective and should provide a nearly identical level of service. Allied Blacktop Company submitted the lowest bid for Option B, in the amount of $109,781.19. The 1990 budget for the sealcoating project is $155,000.00. Staff recommends acceptance of the low bid for Option B and award of the contract to Allied Blacktop Company. City Council Action Required A resolution is provided for consideration by the Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1990 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1990 -08, CONTRACT 1990 -A WHEREAS, pursuant to an advertisement for bids for Improvement Project 1990 -08, bids were received, opened and tabulated by the City Clerk and City Engineer, on the 6th day of June, 1990. Said bids were as follows: Bidder Option A Option B Option C Option D Allied Blacktop $128,218.81 $109,781.19 $135,379.05 $100,331.90 Astech Corp. 125,459.11 110,373.60 135,626.75 98,864.00 Bituminous Roadways 128,469.62 118,266.88 129,525.76 114,110.41 WHEREAS, it is in the best interest of the City of Brooklyn Center to select Option B, as permitted by the Specifications for Contract 1990 -A, Special Provisions, Division B, B -7.3 "the Owner reserves the right to select and award a contract for any of the four options contained in the revised proposal form, in the best interest of the City of Brooklyn Center." WHEREAS, it appears that Allied Blacktop Company of Maple Grove, Minnesota, is the lowest responsible bidder for Option B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Option B is selected because it offers the cost - effective combination of smaller granite FA -2 aggregate on low traffic (residential) streets with the trap rock FA -3 modified aggregate on high traffic (collector) streets. 2. The Mayor and City Manager are hereby authorized and directed to enter into a contract for Option B in the amount of $109,781.19, with Allied Blacktop Company of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1990-08 according to the plans and specifications approved by the City Council and on file in the Office of the City Clerk. 3. The City Clerk is hereby authorized and directed to return forthwith to all the bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 0 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 6/11/90 Agenda Item Number ' Q " REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 DEPT. APPROVAL: r a-- SY NAPP D REC OF PUBLIC WORKS MANA GER'SREVIEW/RECOMMENDATION: ***** ,X d A 4 M No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Evergreen Land Services has negotiated a purchase agreement with the ropert P Y owners at 3706 - 69th Avenue North. This property acquisition was approved by • MNDOT as a "hardship case," to be acquired on a faster track than the rest of the 69th Avenue improvement project right -of -way. The agreement is based on an appraised value of $85,000. This offer is acceptable to the property owners, and they have signed the agreement. The date of closing has yet to be finalized, as are some other administrative details. The City Attorney is working with Evergreen and Public Works staff to review and finalize these details. Previous Council Action The Council on May 7, 1990 approved a resolution which provided for the negotiated purchase of real property for project 1990 -10. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. City Council Recommendation As all parties agree to the sale of the property for its appraised value, a resolution is provided that approves and ratifies the purchase agreement. • lob Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City Council ordered the reconstruction of 69th Avenue between Noble Avenue North and Shingle Creek Parkway, Improvement No. 1990 -10; and WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City Council approved a right -of -way plan depicting properties to be acquired for the project; and WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owners of the property at 3706 - 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreement are hereby approved. 2. The City Manager is directed to proceed with the purchase of the property at 3706 - 69th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase 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. CITY OF BROOKLYN CENTER Council meeting Date 6/11/90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION -� ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: i loo';�`/ ; �&-z SY KNAPP, DAECTG9 OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. Recommendation It is recommended the Council adopt the attached resolution. r Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 06/11/90) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove shade trees on the owners' property; and WHEREAS, the City can expedite the removal of these shade trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER CITY OF BC BELLVIEW PARK 100 CITY OF BC LIONS PARK 101 EDWARD BRENNAN 5851 BRYANT AVE N 102 JUNE COOLEY 6918 REGENT AVE N 103 JAMES STAUBER 7115 PALMER LAKE CIR 104 LEON RIDOUT 6818 SCOTT AVE N 105 PATRICK TIGHE 4212 66TH AVE N 106 ROBERT JOHNSON 4618 66TH AVE N 107 ROBERT JOHNSON 4618 66TH AVE N 108 STANLEY GRYZ 6524 ORCHARD AVE N 109 HARVEY JOHNSON 6418 NOBLE AVE N 110 DANIEL McGROARTY 6312 ORCHARD AVE N 111 PAUL & GWEN SVENVOLD 4219 63RD AVE N 112 GEORGE & CONNIE LINK 7007 FRANCE AVE. N 14 RICHARD SHARP 7031 QUAIL AVE. N. 15 RICHARD SHARP 7031 QUAIL AVE. N. 16 ROBERT GAUVIN 6232 BROOKLYN DR. 17 SCHERER BROS. LUMBER 66TH & 252 18 SCHERER BROS. LUMBER 66TH & 252 19 SCHERER BROS. LUMBER 66TH & 252 20 SCHERER BROS. LUMBER 66TH & 252 21 SCHERER BROS. LUMBER 66TH & 252 22 DONNA GRAVING 5345 NEWTON AVE N 23 NORDIC PROPERTIES 3713 47TH AVE N 24 DALE & JUDY STELZER 6837 EMERSON AVE N 25 DALE & JUDY STELZER 6837 EMERSON AVE N 26 RONALD WEIS 3112 63RD AVE N 27 JAMES GEACH 6118 NOBLE AVE N 28 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 29 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 30 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 31 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER SHEARSON - LEHMAN 3819 61ST AVE N 32 CARLIN SCHEFVELAND 5308 EMERSON AVE N 33 MICHELE GEYERMAN 5403 EMERSON AVE N 34 B.HAWKINS & L.ZEIEN 2801 64TH AVE N 35 ALLEN SEYMORE 6500 BEARD AVE N 36 SHARON STA -MARIE 6906 MORGAN AVE N 37 ROBERT & SUSAN EDSON 6830 BEARD AVE N 38 GEORGE DUNN 5650 HUMBOLDT AVE N 39 JOHNNY BROWN, JR. 5813 KNOX AVE N 40 RICHARD SAYTHER 5627 KNOX AVE N 41 JAMES MAURICIO, JR. 5618 KNOX AVE N 42 HELEN OSTERLUND 2718 65TH AVE N 43 GARY LYONS 6807 HUMBOLDT AVE N 44 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 45 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 46 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 47 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 48 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 49 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 50 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 51 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 52 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 53 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 54 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 55 ZAPPA DEVELOPMENT 6637 HUMBOLDT AV N 56 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 57 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 58 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 59 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 60 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 61 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 62 ZAPPA DEVELOPMENT 6637 HUMBOLDT AVE N 63 DONALD NORLING 5742 GIRARD AVE N 64 LAWRENCE WICHERSKI 5801 GIRARD AVE N 65 LAWRENCE WICHERSKI 5801 GIRARD AVE N 66 LAWRENCE WICHERSKI 5801 GIRARD AVE N 67 ROGER STELLICK 1100 57TH AVE N 68 C. GENE ANDERSON 5814 KNOX AVE N 69 D.MCCANN & A.SEWREON 5812 HUMBOLDT AVE N 70 EVELYN SALZMAN 5610 KNOX AVE N 71 JAMES MAURICIO, JR. 5618 KNOX AVE N 72 D. & J. ENGELMEIER 5707 HUMBOLDT AVE N 73 GOLDIE RICE 5637 IRVING AVE N 74 GERALD EDWARDS 5940 FREMONT AVE N 75 MARJORIE NORBERG 6124 FREMONT AVE N 76 LOUISE PASEK 5630 FREMONT AVE N 77 DAVID VANORSOW 5351 EMERSON AVE N 78 PATTI ZOERB 5900 CAMDEN AVE N 79 MICHAEL BAERTSCHY 520 62ND AVE N 80 ROBERT FAGERHAUGH 5501 CAMDEN AVE N 81 RANDY & LUANN STITT 5609 BRYANT AVE N 82 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER RANDY & LUANN STITT 5609 BRYANT AVE N 83 LESTER ELLINGSON 5654 BRYANT AVE N 84 DONALD NEFF 5706 BRYANT AVE N 85 MARVIN & KATHY ADAMS 5707 BRYANT AVE N 86 MAYNARD ERICKSON 5624 DUPONT AVE N 87 ARLENE ANTOLAK 5615 DUPONT AVE N 88 JEANETTE HOLMSTROM 5400 DUPONT AVE N 89 WILLIAM CARMICHAEL 5004 66TH AVENUE N 90 ROBERT KULKAY 5231 WINCHESTER LN 91 CITY OF BC WILLOW LN PARK 92 PETER KRAEMER 6836 ORCHARD AVE N 93 CLIFFORD LANE 6927 JUNE AVE N 94 ST. ALPHONSUS CHURCH 4111 71ST AVE N 95 JAMES SORENSEN 3806 69TH AVE N 96 GAYLE HUDAK 6801 DREW AVE N 97 CITY OF BC PALMER LK NATUR 98 CITY OF BC BELLVIEW PARK 99 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ion. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE ACHIEVEMENT OF STEVE STROMOUIST WHEREAS, over a four -year period, Steve Stromquist, 5024 Madison Street NE, Minneapolis, Minnesota, has swam 500 miles in the Brooklyn Center pool; and WHEREAS, this achievement reflects the dedication, skill, and perseverance of Mr. Stromquist; and WHEREAS, it is highly appropriate that the City Council recognizes his accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Steve Stromquist is recognized and he is hereby congratulated by the Brooklyn Center City Council. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 6 -11 -90 Agenda Item Number_ REQUEST FOR COUNCIL CONSIDERATION ITE11l� DSCRIPTIT: An Ordinance Amending Chapter 35 of the City r finances elating to the Parking Requirements for Retail Stores or Centers in Financial Institutions; and Planning Commission Application No. 90009 - Keith Sturm /Reliance Real Estate Services, DEPARTMENT APP 0000,0— 040*4 &%ft" J C- /-d aW404 aftoft.00" Signature - title 'Director of Planning and Inspection **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: * * ** No comments to supplement this report omments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _ X On the City Council's June 11, 1990 agenda are two related items which are set on for consideration and should be considered concurrently. The first item is a second reading and public hearing on an ordinance amending Chapter 35 of the City Ordinances • regarding the retail parking formula. This item was given a first reading n May 7 1990 and is offered g Y � red and recommended for adop The other item is Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate Services, Inc. and is a request for a variance from the retail parking formula contained in Section 35 -704 of the City's Zoning Ordinance to allow a retail use of the Gold's Gym building at 2920 County Road 10 with fewer parking stalls than are required by the City Ordinances. This application.was considered by the Planning Commission at its April 26, 1990 and was recommended for denial on the basis that the Standards for a Variance contained in the Zoning Ordinance are not met in this instance. The Planning Commission, however, did recommend that the City Council adopt an ordinance amendment which would establish a new retail parking formula which would accommodate the applicant's request and also, would affect all other like situations. The Planning Commission's consideration of this matter can be found on pages 14 through 17 of their April 26, 1990 minutes and background information is also supplied with the information sheet for Application No. 90009 which are attached. I� SUMMARY EXPLANATION is Page 2 The ordinance amendment, which had a first reading on May 7, 1990, would establish a retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for all retail establishments. Currently, the City Ordinances require a progressive parking formula for retail establishments which impacts smaller establishments a great deal more than larger establishments. This fact is contradicted by national studies which indicate the opposite. Also, our current retail parking formula is one of the highest in the Metropolitan area and, we believe, can be shown to be excessive. The City Council at its May 7, 1990 meeting when considering Planning Commission Application No. 90009 was prepared to deny the application for variance but, at the applicant's request, tabled the matter in order to keep the application viable pending the Council's consideration of the ordinance amendment. Recommendation It is recommended that the City Council adopt the ordinance amendment which would establish a new retail parking formula and in turn either deny Planning Commission Application No. 90009 on the basis that the Standards for a Variance are not met or at the applicant's request acknowledge withdrawal of the Planning • Commission application. CITY OF BROOKLYN CENTER Council Meeting Date 5 -7 -90 Agenda Item Number REQUEST ST FOR COUNCIL CONSIDERATION 40 ITEM DESCRIPTION: Planning Commission Application No. 90009 - Keith Sturm /Reliance Real Estate Services, Inc. DEPARTMENT APP L: Si ature - title Director of Planning and Inspection *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) Planning Commission Application No. 90009 is a request for variance approval from Section 35 -704 of the Zoning Ordinance to allow retail use of the Gold's Gym commercial building at 2920 County Road 10. , This application was considered by the Planning Commission at its April 26, 1990 study meeting. Minutes, information sheet, map of the area, and site drawing are attached. Recommendation The Planning Commission recommended denial of this application on the grounds that the Standards for a Variance are not met and also, a recommendation to the City Council to adopt an ordinance amendment establishing a retail formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area no matter what the size of the building. The City Engineer and Commissioner Ainas left at 10:23 p.m. APPLICATION NO. 90009 Keith Sturm Reliance Real Estate Services Inc. The Secretary then introduced the next item of business, a request for variance approval to allow retail use of the Gold's Gym building at 2920 County Road 10 with fewer parking stalls than required by ordinance. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 90009 attached). The Secretary explained that the formula applied to the original Gold's Gym building was one space for every 200 sq. ft. which is a general commercial formula for uses not specifically listed. He stated that the building was technically not deficient in parking based on that formula. The Secretary also distributed to the Commission an April 25 letter from Chris Conroy, the owner of the St. Paul Book building, in which he stated he has no objection to the variance. Commissioner Bernards asked what agreement, if any, existed with the lot to the north of the Gold's Gym for parking. The Secretary stated that any agreement that existed was a private agreement that was not required by the City. The Planner stated that it was evident that the old parking formula for the health club was apparently not sufficient. He added, however, that the experience with the retail formula is that it places a heavy burden on smaller buildings. Chairperson Malecki asked the applicant whether he had anything to add. Mr. Pete Helger of Reliance Real Estate Services addressed the Commission at some length. Regarding the Standards for a Variance, he stated that he felt a hardship does exist because land cannot be added to the site in order to meet parking requirements. He noted that this is not an unusual situation for existing buildings. As to the example in the staff report of reusing the building as a restaurant, he agreed that the site simply would not work as a restaurant, that there was not enough parking. He stated that he felt the request by Jo Ann Fabrics to use the building is, in the long run best interest of the community. He pointed out that the lease would be 20 years. As to uniqueness, Mr. Helger stated that the building is functionally obsolete. He agreed that variances shouldn't be granted on the basis of market conditions, but should at least be considered. He stated that the building and site in question are good for a low traffic use because of the circuitous access, not a high traffic use. He stated that Jo Ann Fabrics would be a destination type commercial use. He then reviewed other businesses in the area and stated that they, too, are all destination type businesses. He stated that they were asking the City to be flexible in enforcing its regulations. He stated that it was not practical to think of demolishing the building and that it was more cost effective to convert the building to retail than to office use. 4 -26 -90 -14- Mr. Helger stated that he agreed that the City was not obliged to grant a variance to accommodate a reuse of the building, but he { felt that the Standards for a Variance are met in this case. He then distributed to the Planning Commission and reviewed on an overhead transparency the parking formulas for retail uses of other cities in the Metro area. He noted that most of them require five spaces per 1,000 sq. ft. of gross floor area and that if such a formula were adopted in Brooklyn Center, the retail use of the Gold's Gym building would be legal. He noted that planning staff agree that the Brooklyn Center parking formula for retail uses penalizes smaller buildings. Mr. Helger went on to state that they did not have time to wait for an ordinance change, but needed to act fast in order to make the deal work with Jo Ann Fabrics. Mr. Helger also pointed out that in 1986, David Otto applied for a variance for the St. Paul Book building which was ultimately approved. At that time the City Council questioned whether other buildings were in a similar situation. The conclusion at that time, he said, was that they did not think so. He stated, however, that the Gold's Gym building is in a very similar situation. He asked for approval of the variance application based on this precedent. Mr. George Vestrum, a real estate broker for Jo Ann Fabrics, pointed out that Jo Ann Fabrics is presently in Brookdale. He stated that they wanted to expand in a new building. He pointed out that the new building would be three times as much space as they have at Brookdale. He stated that Jo Ann Fabrics wants to stay in the community, but that they have a short time frame in which to make a decision. In response to a question from Chairperson Malecki, the Secretary stated that the thinking on the part of the two City Council members that voted against the retail formula in 1986 was that the retail formula had served the City well and that it shouldn't be changed now. He noted that one of the Council members looked for a tradeoff involving more landscaping. The Secretary explained that this would have led to nonconforming situations and was not adopted. The Secretary went on to explain that a study by the Urban Land Institute regarding parking at shopping centers concluded that somewhat more parking is actually demanded for larger shopping centers than for smaller shopping centers. He pointed out that the City's formula is just backwards from this finding. The Secretary concluded by pointing out that the variance granted in 1986 was probably not a very good decision, but was approved because it was thought that an ordinance amendment would soon be adopted that would legitimize the action taken in the variance. Commissioner Holmes asked whether the original Health Spa building was allowed b variance. The Y Secretary explained that the building and site met the parking formula of one space for every 200 sq. ft. 4 -26 -90 -15- which was the basic commercial requirement applied to the building at that time. Commissioner Johnson asked if the Commission made a recommendation to reconsider the ordinance amendment, should they not act on the variance and, therefore, hold up the deal. The Secretary answered that he felt that this case does not meet the variance standards. He stated that the hardship in question has been created by the owner and that the situation is not very unique. The Secretary recommended denial of the variance, but a change in the ordinance for the retail parking formula. He suggested that the Commission send the variance on to the Council with a recommendation to deny. Chairperson Malecki agreed that that was the best route to recommend denial of the variance and adoption of an ordinance amendment. PUBLIC HEARING (Application No 90009) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to comment regarding the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. The Planner then distributed to the Commission a packet of material relating to the g retail ark' p ing formula and alternate formulas. He briefly reviewed some of the materials in the acket and stated d that his own experience from living and shopping in Brooklyn Center was that there was a noticeable surplus of parking at smaller retail centers. He stated that the only retail center that used up all the parking that it had was Brookdale. He pointed out that one effect of an ordinance change would be to reduce the formula on smaller retail centers. Another issue that needed to be addressed, however, was whether the basic retail parking formula should be reduced to 5 spaces per 1,000 sq. ft. or 5.5 per 1,000 sq. ft. of gross floor area. He explained that if the formula were reduced to 5 spaces per 1,000 sq. ft. of gross floor area, then Brookdale would come very close to being in compliance with parking requirements. However, he stated, if the basic formula were kept at 5.5 spaces per 1,000 sq. ft. of gross floor area, then Brookdale would be deficient in parking by approximately 500 parking stalls. He pointed out that Brookdale is considering an expansion and that this parking deficiency would have to be addressed in the near future. Mr. Pete Helger approached the Commission and asked that they approve the variance and the ordinance change. He pointed out the time constraint they were faced with in dealing with Jo Ann Fabrics. The Secretary responded that the time constraint was not the City's problem and should not drive the decision on a basic Policy issue. 4 -26 -90 -16- There followed a brief discussion of alternate parking formulas. The owner of the Gold's Gym building, Mr. Israel Krawetz. stated that the City wants the best environment for its citizens and for the businesses that operate in Brooklyn Center. He asked again that the Commission approve both the variance and the ordinance amendment. Chairperson Malecki asked the Planning Commission how they felt about the parking formula, whether it should be 5.5 spaces per 1,000 sq. ft. of gross floor area or 5 spaces er 1 000 s . ft of P q gross floor area. Commissioner Holmes stated that, based on his experience at Brookdale, he would recommend that the formula be 5.5 spaces per 1,000 sq. ft. of gross floor area. Commissioners Johnson and Bernards agreed that the formula should be 5.5 spaces. Chairperson Malecki stated that she did not feel that the Standards for a Variance were met. ACTION RECOMMENDING DENIAL OF APPLICATION NO 90009 (Keith Sturm /Reliance Real Estate Services) and Recommendation for Adoption of an Ordinance Amendment Motion by Commissioner Mann seconded by Commissioner Johnson to recommend denial of Application No. 90009 on the grounds that the Standards for a Variance are not met and also, to recommend to the City Council that it adopt an ordinance amendment establishing a retail formula of 5.5 spaces per 1,000 sq. ft. of gross floor area no matter what the size of the building. Commissioner Bernards asked how long it would take for an ordinance amendment to be accomplished. The Secretary stated that it would take about 45 days for an ordinance to become effective following City Council action. Commissioner Johnson asked that it be communicated that the Commission would like to see Jo Ann Fabrics accommodated even though a variance is not warranted. Voting in favor of the above motion: Chairperson Malecki, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. ADJOURNMENT Following a brief review of upcoming business, there was a motion by Commissioner Johnson seconded by Commissioner Bernards to adjourn the meeting of the Planning Commission The motion passed unanimously. The Planning Commission adjourned at 11:29 p.m. Chairperson 4 -26 -90 -17- Planning Commission Information Sheet I Application No. 90009 Applicant: Keith Sturm /Reliance Real Estate Services Location: 2920 County Road 10 (Gold's Gym) Request: variance The applicant requests a variance from Section 35 -704 of the Zoning Ordinance to allow retail use of the Gold's Gym commercial building at 2920 County Road 10. The proposed tenant would be a Jo Ann Fabrics store. The property in question is zoned C2 and is bounded on the south by County Road 10, on the west by TCF Savings Bank, on the north by the St. Paul Book and Stationery retail building and Northway Drive, and on the east by First Minnesota Savings Bank. Retail sales of fabric and related items is a permitted use in the C2 zoning district. The variance is sought because there are only 56 parking spaces on the site. Section 35 -704 of the Zoning Ordinance requires 83 parking spaces for retail use of the 9,961 sq. ft. building. Therefore, the site will be deficient in parking by 27 stalls if the retail use is allowed. The applicant, Mr. Keith Sturm, is not the owner of the building, but a real estate agent seeking to market the property. He has submitted some background information on the property and the proposed use and has also made written arguments addressing the standards for a variance contained in Section 35 -240 of the Zoning Ordinance (see written submittal and ordinance section, attached). A listing of the ordinance standards, a recitation of the applicant's arguments, and staff comments follow: (a) Because of the particular physical surroundings, shape,or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would resul �, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out. Applicant.* "A hardship is created by virtue of the fact that no expansion capability exists for the subject property to allow additional parking facilities to be constructed to match the existing building size. If the strict letter of the parking regulations were exercised, the available uses to occupy the property are severely limited, thus contributing to the perception of blight associated with long term vacant buildings. Additionally, the limited street access to the property is not well suited for higher traffic uses. This makes the property only appropriate for a low traffic, destination type of operation." Staff: The alleged hardship in this case is basically that the parcel is not large enough to provide the parking required for a permitted use within the zoning district. It is questionable whether this really constitutes a hardship. Restaurants are also 4 -26 -90 -1- Planning Commission Information Sheet Application No. 90009 Applicant: Keith Sturm /Reliance Real Estate Services Location: 2920 County Road 10 (Gold's Gym) Request: Variance The applicant requests a variance from Section 35 -704 of the Zoning Ordinance to allow retail use of the Gold's Gym commercial building at 2920 County Road 10. The proposed tenant would be a Jo Ann Fabrics store. The property in question is zoned C2 and is bounded on the south by County Road 10, on the west by TCF Savings Bank, on the north by the St. Paul Book and Stationery retail building and Northway Drive, and on the east by First Minnesota Savings Bank. Retail sales of fabric and related items is a permitted use in the C2 zoning district. The variance is sought because there are only 56 parking spaces on the site. Section 35 -704 of the Zoning Ordinance requires 83 parking spaces for retail use of the 9,961 sq. ft. building. Therefore, the site will be deficient in parking by 27 stalls if the retail use is allowed. The applicant, Mr. Keith Sturm, is not the owner of the building, but a real estate agent seeking to market the property. He has submitted some background information on the property and the proposed use and has also made written arguments addressing the standards for a variance contained in Section 35 -240 of the Zoning Ordinance (see written submittal and ordinance section, attached). A listing of the ordinance standards, a recitation of the applicant's arguments, and staff comments follow: (a) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out. Applicant: "A hardship is created by virtue of the fact that no expansion capability exists for the subject property to allow additional parking facilities to be constructed to match the existing building size. If the strict letter of the parking regulations were exercised, the available uses to occupy the property are severely limited, thus contributing to the perception of blight associated with long term vacant buildings. Additionally, the limited street access to the property is not well suited for higher traffic uses. This makes the property only appropriate for a low traffic, destination type of operation." Staff: The alleged hardship in this case is basically that the parcel is not large enough to provide the parking required for g i P P g � a permitted use within the zoning district. in di rict. It is g questionable whether this really constitutes a hardship. Restaurants are also 4 -26 -90 _1_ Application No. 90009 continued permitted in the C2 P zone, but a restaurant of 10,000 sq. ft. would require at least 150 to 200 parking stalls and there is no question that this site could not accommodate such a use. Alternatively, an office use of the building in question would require only 50 parking stalls, within the amount available on the site. There will be substantial costs in remodeling the building to either an office or a retail use. The fact that a retail use of the building does not "fit" within the site (at least based on the ordinance parking formula) probably does not constitute a hardship as that term is used in the Zoning Ordinance. The applicant seeks the variance because there is presently a market for retail uses in the area. Waiting for an office use might take longer since there is a surplus of such space right now. We would not recommend, however, that the City make zoning decisions on the basis of temporary market conditions, but rather on the long term best interests of the community. The practical consideration raised by the applicant in his written submittal is that Jo Ann Fabrics projects a need for a maximum of 20 parking stalls on most business days and 40 stalls on days with special sales. This demand would be accommodated by the 56 stalls available. The City has not in the past (and we not recommend now) used private parking forecasts to approve specific uses. Uses are approved and sites are designed on the basis of ordinance parking formulas. (Proof -of- parking has been acknowledged when an applicant does not feel so many parking spaces are required for the operation of their business, but the ordinance requirement is always met through the designation on a plan of "future" stalls. That is not the case here.) The issue of whether the retail parking formula is excessive was considered four years ago. No change was adopted at that time through the Planning Commission and staff recommended a change. More consideration of the ordinance itself will be given later in this report. (b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. Applicant: "The variance request is unique to this property because of the building age and its inherent functional obsolescence. However, newer properties developed under the guidelines of the ordinance that serve a variety of higher traffic retail uses would not require such a variance. Older buildings developed along specific zoning and parking criteria may currently exist in this zoning classification, and due to changing market conditions rising to their functional obsolescence, may result in similar hardships with other existing structures." 4 -26 -90 -2- Application No. 90009 continued Staff: The applicant basically acknowledges that other existing buildings may face the same difficulties in finding a suitable re -use as the building in question. The present situation is, therefore, not particularly unique. The applicant implies that the City should be flexible in enforcing its regulations in order to bring about re -use of existing buildings rather than so limit the possible uses that long -term vacancy and blight result. This argument is not totally invalid, but it should also be recognized that there are legitimate public concerns which must be addressed in the re -use of buildings. Parking is one of these concerns. The City should not accept just any use of a building to keep it occupied. The City should not accept just any use of a building to keep it occupied. In some cases, it may be appropriate to even demolish an existing building because it is simply not appropriate to the site any longer. These are judgments which the City may affect by the enforcement of its regulations, but which are, for the most part, made by property owners. It should be clear that the City is not obliged to grant a variance to save a building from functional obsolescence. (c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. Applicant: "The hardship is specifically related to the ordinance. Without such a stringent parking requirement the need for the variance would not exist. However, the hardship in effect, was created 21 years ago when the market demanded smaller health facilities. Because of the changes over time, health clubs have changed so dramatically that typical clubs are now 100,000 square feet or larger, as seen at the (new) Highway 100 Northwest Racquet and Swim Health Club. The small clubs that at one time thrived, have now become virtually extinct. This is evidenced by the many tenants they have had within the building that could not make ends meet financially. Because of these changes within the health club industry, and not because of any previous intentions, the referenced building, along with its parking facility, has become functionally obsolete as a health club. A parking variance, along with major interim renovations will make this obsolete facility functional again. To accommodate Jo Ann Fabrics within the strict letter of the current retail parking regulations would require the demolition of more than half the facility. This would create an inconceivable hardship economically as well as reduce the tax revenue the City currently enjoys. s. Y 7 Y The existing parking is m g p g ore than adequate for the proposed use of other potential low traffic generating retail tenants." 4 -26 -90 -3- Application No. 90009 continued Staff: The applicant argues that the hardship is created by stringent ordinance requirement and by changing market conditions which make the original use of the building obsolete. The hardship was not caused by the owner. To some extent this may be true Nevertheless, the building and parking were created by the owner, not the Zoning Ordinance. The issue appears to be how to treat an existing building g g and site in light of the ordinance. Should a parking variance be granted? Should a parking ordinance amendment be adopted? Or should hould t he owner be ive g n direction to market the building erha s for an r r office use which would comply with parking requirements? Our judgment, as we reported to the Commission in 1986, is that the retail parking formula which requires more parking per 1,000 sq. ft. of gross floor area for smaller buildings, appears to be excessive, at least for those buildings. We recommended an ordinance change at that time which would have given greater flexibility for the re -use of this and other small to medium sized commercial buildings. That change was recommended by the Planning Commission and received a 3 to 2 favorable vote from the City Council. However, a 4/5 vote was required to amend the Zoning Ordinance and the amendment, therefore, failed. If a variance is granted in this case, the City will probably be, in effect, amending its ordinance indirectly. We would prefer that a change in policy be indicated directly through an ordinance amendment, not indirectly through a variance. If the City Council does not amend the ordinance (and thus far it has not), it would probably be more proper to deny the variance and direct the property owner to seek out an office user for the property. (d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Applicant: "The variance will not be detrimental to public welfare and should enhance the neighborhood in that this vacant building will 1 be occupied by a long term national tenant and that existing parking will be more than adequate at the facility. Additionally the adjacent retail uses are compatible with this proposed use and will reenforce the retail vitality of the area." Staff: We agree that a retail use of this building would be compatible with surrounding existing land uses. It would be a permitted use within the C2 zone. It would also probably live within the available parking on site. The issue is whether to apply the ordinance parking standard, to change it, or vary from it. Although an ordinance amendment has failed in the past, we believe it should at least be considered again as a possible route of resolving problems for this and other buildings. 4 -26 -90 _ -4 IL Application No. 90009 continued We are not recommending a variance at this time. However, if the Commission is inclined to recommend a variance, we will attempt to develop language addressing the ordinance standards at the Commission's direction. We will also supply the Commission with information on an ordinance change for your review. 4 -26 -90 -5- 35 -240 applicant a written notice of the action taken. A copy of this notice shall be kept cn file as a part of the permanent record cf the application. t/ 2. Standards for Variances The Ecard of Adjustments and Appeals may recommend and the City Ccurcil may grant variances from the literal provi of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Eeard shall not recc --end and the City Council shall in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: a. Eecause of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular 'rardshir to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regul.azicns were to be carried out. b. 'i're conditions upon which the application for a variance is bzsed are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same _ zoning classification. c. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of lard. d. The granting of the variance will not be detr to the rifolic welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 3. Conditions and Restrictions The Eoard of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. Section L -704 MINIMUM PARKING SPACES REQUIRED. 1. Residence a. Two spaces per dwelling unit 2. Commerce (Retail and Service /Office) a. Eating and drinking places: One space for every two seats, and one space for every two employees on the average maximum shift. (Parking spaces for "drive -in" customers shall not be credited as a part of the off - street parking area needed to serve the sales operation conducted within the buildings). b. Automobile Service Stations: Three spaces for each enclosed bay plus one space for each day shift employee plus a minimum of two spaces for service vehicles and one additional space for each service vehicle over two in number. VIC Other retail stores or centers and financial institutions: Eleven spaces for the first 1,000 square feet of gross floor area or fraction thereof; eight spaces for each 1,000 square feet of gross floor area in excess of 1,000 square feet, but not exceeding 15,000 square feet; six spaces for each 1,000 square feet of gross floor area in excess of 15,000 square feet, but not exceeding 30,000 square feet; 5.5 spaces for each 1,000 square feet of gross floor area exceeding 30,000 square feet. In multitenant retail centers, no additional parking spaces beyond those required by the retail formula shall be required of restaurant uses which altogether occupy not more than 15% of the gross floor area of the center. The parking formula for eating and drinking establishments shall apply proportionately to the seats and employees occupying space in the center over and above 15% of the gross floor area. d. Motels and Hotels: One space for each unit plus one space for each employee on any one shift. e, Bowling Establishments: Five spaces for each lane. Additional parking for food and refreshment facilities shall be determined according to subsection (a) above. .. _� ♦ �� • a� i • SCHOOL u r .. J A I .I 1 i r !, ^ ► - ``� � ' < • "S 4 O IfflT _. f'trc11 [ l[V. • -• •�- , 1� � •1 � _ ^` t —+ ' r �7'i - -,T� •but' __ .. _ . —__._1 YO _'! ~.i•:'.._. -i ,. .erur vuv 1 1 i i . GLr y! TY LI•YI. r - °Yrv.. ter. 11 ppr °. U..f Il n IMT• Trl /I IMI //1 ` tiln. 6 f CITY OF BROOKLYN CENTER Notice is hereby given that a u Y g public hearing will be held on the day of , 1990 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance relating to the parking requirement for retail stores or centers and financial institutions. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO THE PARKING REQUIREMENTS FOR RETAIL STORES OR CENTERS AND FINANCIAL INSTITUTIONS 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 -704. MINIMUM PARKING SPACES REQUIRED. 2. Commerce (Retail and Service /Office) C. Other retail stores or centers and financial institutions: Eleven spaces for the first [1,000] 2,000 square feet of gross floor area or fraction thereof; [eight spaces for each 1,000 square feet of gross floor area in excess of 1,000 square feet, but not exceeding 15,000 square feet; six spaces for each 1,000 square feet of gross floor area in excess of 15,000 square feet, but not exceeding 30,000 square feet;] 5.5 spaces for each additional 1,000 square feet of gross floor area exceeding [30,000] 2,000 square feet. In multitenant retail centers, no additional parking spaces beyond those required by the retail formula shall be required of restaurant uses which altogether occupy not more than 15% of the gross floor area of the center. The parking formula for eating and drinking establishments shall apply proportionately to the seats and employees occupying space in the center over and above 15% of the gross floor area. ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1990. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) r L4 �{ 7JV IN LAKE C3 T P.O. SOX 28078 _ CRYSTAL, MN 55428 May 17, 1990 Mr. Gerald Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter, The upper basin of Twin Lakes has been plagued with increasingly severe blue green algae blooms for a number of years. Enclosed is a photograph to illustrate the severity of this problem. Despite lakeshore property owners use of aquatic safe fertilizers (low in phosphorus, low in nitrogen), or no fertilizers, the lake is receiving nutrient loading. In part, some of this nutrient loading is coming from storm sewer runoff. The average depth of the lake is four feet, this combined with the use of over -sized motors continually stirs up bottom sediment which re- release nutrients. The lakeshore property owners have been privately funding applications of Copper Sulfide for the entire upper lake since 1985. These applications typically begin in June and are necessary every three to four weeks to control the algae blooms. During the summer three applications have been necessary to allow for normal lake uses (swimming, fishing, boating). The lakeshore property owners paid six hundred dollars per application in addition to the DNR permit fee in 1989. Each year the cost has increased, with liability on the homeowners. This is a public body of water and should not solely be our responsibility. We are requesting the cities of Brooklyn Center and Crystal take over the costs and applications of Copper Sulfide beginning in 1991, and continue these applications until nutrient loading from storm sewer runoff is controlled. Please keep us informed of your intentions with this matter. Sincerely, ,t Kristen Mann Chairperson, Upper Twin Lake Association Enc:l rye, r ° #" h u � Mean h �n��"tika Ali r u " u p'ISp B �" p'M"� a qi Ytl"�,�o `h' •��� �" f�11 r� " 1 Al l i 4� . �� �I "�M 1 w v al�r��hi "j�ldi N��LL t I tG p I a F V tp YI h� M 'iF'" i� v r 9 h q u Y I Y i CITY 6301 SHINGLE CREEK PARKWAY OF V :FR 1 ��] T BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 1 May 21, 1990 Mr. Jerry Dulgar, City Manager City of Crystal 4141 Douglas Drive North Crystal, MN 55422 Dear Jerry: Attached please find a copy of a letter I recently received from the Upper Twin Lake Association. This letter relates to a request by this association for City funding of copper sulfide treatment of the lake. Since this lake has shorelines in both Brooklyn Center and Crystal, it would seem appropriate that we look at any funding or treatment of the lake as a joint process. Please review this letter and contact me if the City of Crystal has any interest in further pursuing the request. Thanking you for your interest and cooperation, I am, Sincerely, ald G. Splinter it ager CITY OF BROOKLYN CENTER cc: Brooklyn Center Mayor and Councilmembers Kristen Mann, Chairperson, Upper Twin Lake Association au ui wnu cT : • CITY OF BROOKLYN CENTER Council Meeting Date 6 -11 -90 Agenda Item Number I q b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - State Law Regarding Campaign Signs DEPARTMENT APPROV Signature - title Director of Planning and Inspecti o *************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: x pfzv No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X Chapter 545, Laws of 1989 became effective May 6 and will have a direct impact on the City's Sign Ordinance as it relates to political or campaign signs. The new State law (copy attached) will prevent any municipality from regulating the size of noncommercial signs displayed in a State general election year during the time from August 1 until 10 days following the State general election. Noncommercial signs are primarily, although not exclusively, political or campaign signs. The City's Sign Ordinance does regulate the size of political or campaign signs as well as the time period in which such signs can be displayed. See the attached copy of Section 34 -140, Subdivision 2 (f) of the City Ordinances regarding political signs. Such signs may be displayed up to 60 days before and 10 days after an election; are limited to 16 sq. ft. in area; and may be installed upon private property with the permission of the property owner. Primary elections this year are scheduled for September 11 and the general election is November 6. Campaign signs for a primary election under the City's Sign Ordinance could, therefore, be displayed as early as July 13. The State preemption of the City's Sign Ordinance would not begin until August 1. Again, the State preemption only relates to the size of signs posted after August 1. At all other times the local sign controls regarding size of the signs would be effective. • • SUMMARY EXPLANATION Page 2 A question before the City Council is whether or not the City should consider an ordinance amendment which would establish uniformity for all campaign signs at all times. There are other elections such as referendums, bond issues, school board elections, charter amendments, etc. which are held, or could be held, at times other than during a State general election year. Should the size of signs permitted be different for these elections? Is there a need to change the City's regulations regarding the size of campaign or political signs? I tend to believe the State law was not well thought out, at least as it effects a community like Brooklyn Center. We have had the 16 sq. ft. sign limitation at least since the early 70 Little has been heard negatively regarding the size limitation imposed by our ordinance and I believe it has served the community well in terms of aesthetics and visual problems. Perhaps the new State preemption will work well and not cause problems, but an over enthusiastic campaign committee with no limitation on the size of signs might get out of hand and might cause some concern in the community. The State preemption is clear during the time of August 1 until 10 days after a general election • with regard to the size of noncommercial or campaign signs. There is no limitation during these times which the City can impose. The real question is does the City Council want this type of potential problem during all other times during the year when an election is held or when a noncommercial or campaign sign could be displayed. Discussion of this question and direction to the staff regarding possible ordinance changes would be in order. The City Clerk normally provides candidates who file for public office with a notice regarding the- City's regulations involving campaign signery. Filings open July 3 and end July 17. • 34 -140 d. Signs denoting the architect, engineer, contractor, or owner when placed upon a respective worksite and not exceeding an aggregate of forty -eight (48) square feet in area, to be removed ten (10) days _ following completion of construction. e. Copy or message changing on a printed or painted sign which is permitted by this ordinance. f. Portable and freestanding political signs for a period of not more than sixty (60) days before and ten (10) days after an election provided no one sign is greater than sixteen (16) square feet in area. Freestanding political signs may be installed only upon private property with the permission of the property owner who shall be responsible for removal thereof. The candidate whose candidacy is promoted by an improperly placed or otherwise illegal political sign shall be held responsible therefor. g. Signs or posters painted on or attached to the inside of a display window. This shall include illuminated signs, but not flashing signs. h. Flags, badges, or insignia of any government or governmental agency, or of any civic, religious, fraternal or professional organization. Commercial and industrial establishments may display a single flag consisting of the official corporate seal or insignia as identification of the individual establishment. Advertising or promotion of specific products or services is prohibited unless approved in conjunction with an administrative permit as provided in Section 35 -800. to i. Emergency signs required by other governmental agencies. j. Temporary displays which are erected to celebrate, commemorate, or observe a civil or religious holiday. k. Courtesy bench signs, provided they are installed and maintained by a person, firm or corporation licensed by the City Council. 1. Real Estate signs as follows: 1. Temporary freestanding or wall signs for the purpose of selling or leasing individual lots or entire buildings provided that such signs shall not exceed six (6) square feet in area for residential property and thirty -two (32) square feet for other property and that there shall be only one such freestanding or wall sign permitted for each property. The sign must be removed within ten (10) days following the lease or sale. Temporary freestanding off -site real estate signs announcing an "open house" or similar activity for the purpose of showing or displaying a home for sale are permitted provided: a. The off -site sign is located on privately -owned residential property and there is no objection to the display of the sign on the part of that property owner; b. The off -site sign is displayed only during the time of the "open house" or showing; c. The size of the off -site sign shall not exceed three (3) square feet in area. S a , x CHA(''PER N,,. S.F. Nu. 2229 owed to vote. $ n- precTnets- wTthOCt-YOter-regY9tratYOn -tile �= Rare - « - the indiyicrxai- sna =;- not -be- entered - er- aiiowed -to- remain �• on - rhe eteetior. regrsterc Sec. 29. Minnesota Statutes 1988, section 204C.27, is 5 amended to read: 6 204C.27 [DELIVERY OF RETURNS TO COUNTY AUDITORS.] 7 One or more of the election judges in each precinct shall 8 deliver two sets of summary statements; all tsncsed -and spoiled 9 white, pink, canary, and gray ballots; and the envelopes 10 containing the white, pink, canary, and gray ballots either 11 directly to the municipal clerk for transmittal to the county 12 auditor's office or directly to the county auditor's office as 13 soon as possible after the vote counting s completed but n g _ o 14 later than 24 hours after the end of the hours for voting. One 15 or more election judges shall deliver the remaining set of 16 summary statements and returns, all unused and spoiled municipal 17 and school district ballots, the envelopes containing municipal 18 and school district ballots, and all other things furnished by 0 19 the municipal or school district clerk, to the municipal or 20 school district clerk's office within 24 hours after the end of 21 the hours for voting. The municipal or school district clerk 22 shall return all polling Mace rosters and completed voter 23 registration cards to the county auditor within 48 hours after 24 the end of the hours for voting. 25 Sec. 30. (2118.045] (NONCOMMERCIAL SIGNS G S EXEMPTION. ' 26 In anv municipality with an ordinance that regulates the 27 size of noncommercial signs, notwithstandinn the orovisions of 28 that ordinance, all noncommercial signs of anv size may be 29 posted from August 1 in a state general election vear until ten 30 days following the state general election. 31 Sec. 31. Minnesota Statutes 1988, section 367.03, 32 subdivision 1, is amended to read: 33 Subdivision 1. (OFFICERS, TERMS.] Except in towns 34 operating under option A, there shall be elected in each town 35 three supervisors as provided in this section. Where a new town 36 has been or may be organized and supervisors have been or may be 0 21 CH.A(''I'ER Nu. 585 S.F. No. 2229 ' 1 legislation committee in the house of representatives and the 2 elections committee in the senate by February 1, 1992. 3 Sec. 34. (REPEALER.] 4 Minnesota Statutes 1988, sections 201.061, subdivision 2; 5 201.071, subdivisions 5 and 6; and 201.091, subdivision 3, are 6 repealed. 7 Sec. 35. (EFFECTIVE DATE.] 8 This act is effective the day followinc final enactment. 23 t CHAPTER Nu. 5 S5 S.F. No. 2229 This enactment of the Senate and House of Representatives is properly enrolled. Cz�1S- er me M. Hughes / Robert VanaSek Yr ttient "I, the Senate. Spenhcr of the House of Representn«ues. Passed the Senate on April 24, 1990. Patrick E�Flahaven Serreta- of the Senate. Passed the House of Representatives on April 24, 1990. Edward A. Burdick Chief Clerk, House of Representaut,es. Presented to the Governor on �, 1990. � ScevenC. Cross Reutsorof Statutes. Approved on —Q ��, 1990, at , l/� _ 1. olph G. tch Go ran of the State o% nnesota. Filed on 4/ 1990. i Joan Anderson Growe Secretary of State. 24 CITY OF BROOKLYN CENTER Council Meeting Date 6 /11 /90 Agenda Item Numbe FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: ESTABLISHING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The current Drug Task Force was established approximately four years ago by Mayor Nyquist to promote drug awareness in the community and coordinate and promote various community activities in drug awareness and prevention areas. The Task Force never received formal City approval. Councilmembers and Task Force members started discussions about making the Task Force a formal City commission in 1989. Attached is a proposed resolution establishing a Brooklyn Center Drug Awareness Commission and a proposed membership list. The membership list is composed of the active members of the current Drug Task Force. 1 have met with Steve Smith, Drug Task Force Chair, and he stated the attached resolution is acceptable to the current Drug Task Force. RECOMMENDATION: We recommend approval of the attached resolution and the adoption of a motion approving the proposed membership list. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CREATING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES WHEREAS, there exists a worldwide problem with drug and controlled substance abuse, and it is anticipated that this problem will be with us for an extended period of time; and WHEREAS, the growth of this problem can be mitigated by effective community -by- community education and prevention activities; and WHEREAS, the City of Brooklyn Center wishes to make a long term commitment to programs and activities which are directed at promoting awareness of drug and alcohol abuse related issues; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes better community understanding: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the public policy of said City shall be to fulfill its responsibility of being proactive in the area of promoting awareness of drug and alcohol related issues in Brooklyn Center's schools, homes, and work places. BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Brooklyn Center Drug Awareness Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Drug Awareness Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to drug abuse awareness and prevention, and initiating policies and /or projects on drug awareness in the community. Subdivision 3. PURPOSE. The purpose of this Commission is to promote public understanding of drug and chemical abuse issues in the schools, homes, and work places of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to. 1. Advise and review relevant matters referred to it by the City Council. RESOLUTION NO. 2. Serve as a coordinating entity to support, encourage, and develop cooperation between and among various agencies and individuals interested in drug and chemical abuse education and prevention in our schools, homes and work places, promote policies and projects which lead to increased drug awareness and prevention. Subdivision S. COMPOSITION: The Commission shall be composed of a Chairperson and 6 members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION -TERM OF OFFICE - REMOVAL: Chairperson: The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission. 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to drug and alcohol abuse related issues, as it relates to business under consideration by said commissions or City Council. 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Drug Awareness Commission of matters relevant to drug and alcohol abuse related issues. 4. Provide liaison with other governmental and voluntary organizations on matters relevant to drug and alcohol abuse related issues. Vice Chairperson: A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which their predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of their term of office, members shall continue to serve until their successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of the RESOLUTION NO. respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership: Members of the Commission shall consist of persons who, by virtue of their interest or expertise in drug awareness and prevention, can provide service to the community of Brooklyn Center because of their association with business organizations, families, or agencies serving Brooklyn Center. Representation Requirements: Due regard shall be given by the Mayor in appointing Commission members representing major social systems within the community; including schools, businesses, churches, health professionals, parents, and the representative nature of the Commission in terms of sex, religion, ethnic, racial, age, handicapped employment and employer groups. Conflict of Interest• No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Resignations- Removal from Office -Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison on the Commission shall inform the Mayor of such automatic resignations. Vacancies in the Commission shall be filled by mayoral appointment with majority consent of the City Council. Compensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson within thirty days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. RESOLUTION NO. Subdivision 9. STAFF: The City Manager shall assign an individual to serve as staff to the Commission. The individual assigned shall perform such clerical and research duties on behalf of the Commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. PROPOSED MEMBERSHIP OF BROOKLYN CENTER DRUG AWARENESS COMMISSION 1. Steve Smith - Chair Parent - Brooklyn Center Resident 2. Lana Ensrud Drug Counselor #286 3. Alan Johnson Pastor 4. Geri Timperley Drug Counselor #281 5. Mary Vigoren Psychologist 6. Chris Porington Executive - Greater Mpls. Girl Scout Council 7. Lisa Taran -Maddy Corrections Counselor Jody Brandvold School Board Member #286 - ex officio Paul Monteen Police Captain - ex officio Licenses to be approved by the City Council on June 11, 1990: 1 AMUSEMENT DEVICE - OPERATOR 1 Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. Chuck Wagon Inn g 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Earle Brown Bowl 6445 James Circle Lynbrook Bowl 6357 North Lilac Drive Metropolitan Transit Commission 6845 Shingle Ck. Pkwy. United Artists Theatre Circuit 5810 Shingle Ck. Pkwy. �g9.ice Chief AMUSEMENT DEVICE - VENDOR American Amusement Arcades 850 Decatur Avenue Carousel International Corporation P. 0. Box 307 t , �v D.V.M. Inc. dba Dahlco 119 State Street P lice Chief GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 6741 79th Ave. N. Browning Ferris Industries of MN 9813 Flying Cloud Drive Gallagher's Service, Inc. 1691 91st Avenue NE Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street Metro Refuse, Inc. 8168 West 125th Street T. Randy' s Sanitation, Inc. Route 342 Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness 5405 Queen Ave. N. Brooklyn Center Park & Recreation 6301 Shingle Ck. Pkwy. Frank Huebl 1274 Desoto Street International Fine Foods 2529 Nicollet Ave. #201 Betsy Medley 1762 Canyon Lane Mr. Movies 1964 57th Ave. N. Northland DeLite 3040 La Bore Road Northern Treats 10433 Arrowhead St. PT Donuts 14010 39th Ave. N. T C P Enterprises 26656 Woodcrest Drive Sanitarian ak- MECHANICAL SYSTEMS Construction Mechanical Services, Inc. 1307 Sylvan Street Excel Air Systems 2075 Prosperity Road Rapid Heating and Air Cond. 5514 34th Ave. N. Building Official SIGN HANGER Lawrence Signs, Inc. 945 Pierce Butler Route . �1 Building Official SWIMMING POOL Brookside Manor Apartments 1121 -1307 67th Ave. N. Sanitarian Dk- GENERAL APPROVAL:Xi L D. K. Weeks, City Clerk