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HomeMy WebLinkAbout1988 08-22 CCP Regular Session f f CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 22, 1988 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. August 8, 1988 - Regular Session 7. Soil Removal - Joslyn Site 8. Resolutions: *a. Acknowledging Voluntary Dedication of Easements to the City -Super America - 57th and Logan Avenue North *b. Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 8/22/88) c. Authorizing the Mayor and City Council to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. *d. Amending the 1988 General Fund Budget -Sand and Concrete Ring at Garden City School e. Authorizing $13,000 Capital Improvement Fund Project to Expand Lighting on the Centerbrook Club House Parking Lot 9. Ordinances: (7:30 p.m.) a. An Ordinance Vacating the Right of Way of Xerxes Avenue North, North of the Northerly Right of Way of 68th Avenue North in Elsen's City View Third Addition -This item was first read on July 25, 1988, published in the City's official newspaper on August 4, 1988, and is offered this evening for a second reading. This item requires a 4/5 vote by the Council. CITY COUNCIL AGENDA -2- August 22, 1988 is b. An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition -This item was first read on July 25, 1988, published in the City's official newspaper on August 4, 1988, and is offered this evening for a second reading. This item requires a 4/5 vote by the Council. 10. Discussion Items: a. Zoning of Land South of Freeway Boulevard and East of Shingle Creek b. Zoning of Land at Southwest Corner of I -94 and Brooklyn Boulevard *11. Licenses 12. 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 AUGUST 8, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Sharon Van Denbos from the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. The City Manager stated although staff was unable to notify representatives of the Mediation Project, he would like to have item 10a deferred until the next City Council meeting. Mayor Nyquist inquired if there would be any way to give the Mediation Project a partial payment. The City Attorney replied the Council could approve payment to the Mediation Project on a month to month basis by prorating the contract amount. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve payment for seven months of service under the 1987 Mediation Project contract. The motion passed unanimously. There were no other requests for removal from the consent agenda. APPOINTMENT OF CORRIDOR ADVISORY COMMITTEE MEMBERSHIP There was a motion by Councilmember Scott and seconded by Councilmember Hawes appointing Jayne Kuhar, Bob Ellingson, Todd Paulson, and Gayland Halter to the Corridor Advisory Committee for the Anoka County Regional Railroad Authority. The motion passed unanimously. 8 -8 -88 -1- r APPOINTMENT OF ELECTION JUDGES FOR THE 1988 PRIMARY ELECTION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the list of election judges for the 1988 primary election. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -129 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/08/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT Spiritual Life Ministries 6500 Shingle Creek Pkwy. GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 6741 79th Ave. N. Browning Ferris Industries of MN 9813 Flying Cloud Dr. Robbinsdale Transfer, Inc. 5232 Hanson Court Waste Management - Blaine 10050 Naples St. NE ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Creek Pkwy. Brooklyn Center Lioness 5324 Oliver Ave. N. Brooklyn Center Park & Rec Dept. 6301 Shingle Creek Pkwy. MECHANICAL SYSTEMS Del -Air Heating & Cooling 9860 James Circle RENTAL DWELLINGS Renewal: Savage II /Portfolio Properties 5300 -5448 Ponds Drive Savage II /Portfolio Properties 7225 -7274 Unity Ave. N. The motion passed unanimously. 8 -8 -88 -2- APPROVAL OF MINUTES - JULY 25 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the July 25, 1988, City Council meeting. The motion passed. Councilmember Theis abstained from the vote. PRESENTATIONS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The Mayor recognized Ms. Patti Wilder, Executive Director of Northwest Hennepin Human Services Council. She noted the agency provides indirect services such as telephone surveys for the individual cities, needs assessments, a child abuse network, and a senior services network. She noted as well as the indirect services the agency also provides direct services such as energy assistance and surplus commodities. She noted much of the work and programs offered by this agency could not be done without the help of the many volunteers. Ms. Wilder then introduced Mr. John Casey who is the City's member on the board. Mr. Casey gave a brief history of his work with Northwest Hennepin Human Services Council and noted he has worked mainly in the areas concerning the child abuse network and related activities. FIRE RELIEF ASSOCIATION BYLAW AMENDMENTS The City Manager stated staff is recommending the bylaw amendments as prepared by the City's legal counsel. He noted staff also recommends an actuarial review every four years, review of any unfunded liabilities, and an analysis of benefits. He introduced Mr. Tom Galt from the City Attorney's office. Mr. Galt explained this is the first major cleanup that has been done on the association bylaws in approximately ten years. He noted when dealing with these amendments the major concern was the special legislation which has been passed regarding Fire Relief Association benefits and the general legislation that has been passed. He stated it is his opinion the general legislation supercedes any special legislation passed regarding the Fire Relief Association. He added the amendments enable the Fire Relief Association Bylaws to meet all standards and laws set by the State. Councilmember Lhotka inquired what the bottom line final cost to the City was. The Finance Director stated the amount of tax which would be necessary each year to fund this program is $32,621. He stated it would be the same for the next four years assuming the City continues to receive the same amount of State aid funding. A brief discussion then ensued regarding the State aid funding and how it is obtained. Mr. Galt stated there are two members of the Fire Department who are planning to retire shortly and will be adversely affected by these changes. He noted under the proposed plan their monthly annuity will be substantially less than under the old plan. He stated he and staff have discussed ways of making up the difference for these two members. Councilmember Theis inquired if he was proposing to treat two people under the old laws and the rest of the Fire Department under the new laws. Mr. Galt stated basically that is true. He noted he did not feel it was fair to these two members to penalize them simply because staff is finally ready to present and recommend approval of the new plan. He explained there would be no reduction in their benefits if they elect the lump sum benefit when they retire, there would only be a reduction if they 8 -8 -88 -3- elect the monthly annuity. ty. The Finance Director stated staff would brin g back a resolution for Council consideration when the recommendations are final for these two members. Mr. Galt then went on to review the changes contained within the bylaws. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the amendments to the Fire Relief Association Bylaws. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 Regarding the Parking Requirement for Places of Public Assembly. He noted this ordinance was first read on June 27, 1988, published in the City's official newspaper on July 7, 1988, and was offered for a second reading on July 25, 1988. He noted at that time the public hearing was opened and continued to this evening's meeting. Councilmember Lhotka explained he had asked this item be held over so Councilmember Theis could have his questions answered. Councilmember Theis stated he has spoken with the Director of Planning and Inspection regarding this item and noted he still has the same concerns regarding green space. The Director of Planning and Inspection stated the wording of the ordinance amendment could be changed slightly to define the size of a retail shopping center complex. He added staff is recommending a retail shopping center complex be defined as any complex of 50,000 square feet or more. He noted the Humboldt Square complex is slightly less than 50,000 square feet, and Brookdale Square is approximately 80,000 square feet not including the UA Theater or T. Wrights. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to amend the ordinance language as follows: "of 50,000 square feet or more, exclusive of the place of public assembly," after the word "complex" in the amended section. The motion passed unanimously. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 35 Regarding the Parking Requirement for Places of Public Assembly. The motion passed unanimously. ORDINANCE NO. 88 -15 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 REGARDING THE PARKING REQUIREMENT FOR PLACES OF PUBLIC ASSEMBLY The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. 8 -8 -88 -4- The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He explained these ordinances go hand in hand and one cannot be adopted without the other. He noted both ordinances were first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and are offered this evening for a second reading. He noted the Council must pass or deny both ordinances. The Director of Planning and Inspection stated he has received a number of phone calls expressing both support and displeasure with the proposed amendments. Councilmember Lhotka stated he too has received some phone calls and noted he has a concern with the ordinance language which would require an individual who owns a semitrailer tractor and is on the road quite often to park this tractor someplace other than the owner's residence. He inquired if there is some way the wording can be changed in this ordinance to allow the owner to continue parking the tractor at his residence. The City Manager went on to explain the nature of one of the complaints received by staff. He noted there is an owner of a diesel vehicle who quite often allows his truck to run all night long during the winter months, and does all the work on this vehicle. He noted this owner installed lights in his yard so he can work on it at all hours of the day or night. Councilmember Lhotka inquired if some of this complaint does not fall under the noise ordinance. The City Manager explained the staff has had no success in the court system in upholding the noise ordinance. Councilmember Theis inquired if the City is not attacking this problem in the wrong way. He noted it appears neighbors are complaining about the maintenance, noise, and lighting from the vehicles not the fact they are present. The City Manager noted staff has received both type of complaints. Councilmember Theis stated he would like to see staff address some other methods of controlling the noise and maintenance of these vehicles. The Director of Planning and Inspection pointed out most of the vehicles are involved with some type of home occupation. He noted, however, staff would have some difficulty in making a legal distinction. The EDA Coordinator entered the meeting at 8 :05 p.m. The City Manager explained over one and one -half years ago the Council requested staff to develop some ordinance amendments which would address these problems. He noted in order to solve these problems everyone must be treated equally, and the ordinance must be kept fairly reasonable to allow for enforcement of it. Councilmember Scott stated she received two phone calls from retired people who own small farm type tractors and use these in the spring and fall to supplement their income. She noted under this ordiannce they would not be allowed to keep this equipment. Councilmember Hawes stated there is not only the question of where to park a semitrailer tractor but also where to leave the residential vehicle so the semidriver can get home with it. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances 8 -8 -88 -5- by Declaring the Parking of Certain Vehicles in Residential Zoning District a Public Nuisance. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Ordeen Peterson, 6343 Girard Avenue North. Mr. Peterson stated he is an over - the -road semidriver and parks the tractor in his driveway when he is home. He stated he has asked his neighbors if they have any complaints regarding him parking his tractor at his residence, and they have all stated they do not have a problem with it. He went on to note some of the problems that would occur if he had to find another place to park his tractor. He added he considers the tractor to be a combination of a commercial vehicle and a recreational vehicle because within his vehicle he has a bed, a television, and a refrigerator. Councilmember Lhotka inquired if Mr. Peterson does the maintenance on his vehicle. Mr. Peterson stated he does change the oil and other minor maintenance items. Councilmember Lhotka inquired if this ordinance does pass what Mr. Peterson will do. Mr. Peterson stated he would have to find a place to park his vehicle, as well as a place where he could change the oil and wash it. Mayor Nyquist recognized Robert Becker, 6433 Fremont Avenue North. He stated he too is an over - the -road semidriver and noted he has many concerns with parking his tractor some place other than his residence. He noted his tractor is worth $80,000. He explained it would be a great inconvenience for him and also quite costly if he had to park the tractor somewhere else and have another vehicle available for him to travel home in. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The motion passed unanimously. Councilmember Lhotka inquired if there would be any way staff could address these issues under the home occupation permits. A discussion then ensued regarding some of the possibilities. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance to allow for further consideration and staff review. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:22 p.m. and reconvened at 8 :38 P.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 88009 SUBMITTED BY TOYS "R" US REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 48,200 SQ. FT TOY STORE ON THE 8 -8 -88 -6- SITE OF THE RETAIL BUILDING INCLUDING C.O.M.B. LOCATED AT 5425 XERXES AVENUE NORTH AND ON THE SITE OF THE MARC'S BIG BOY RESTAURANT The City Manager noted this item was recommended for approval by the Planning Commission at its July 28, 1988, meeting. The Director of Planning and Inspection referred the Mayor and City Councilmembers to pages one through three of the July 28, 1988, minutes and information sheet prepared for this item. He noted the applicant will be required to replat these two parcels into a single parcel prior to issuing a building permit. He went on to review the site plan and the modifications which were suggested at the Planning Commission meeting. He also reviewed the 13 conditions recommended for approval. Mr. Wasyl Hnatiw, the architect for the project, stated he has made changes to the standard facade of the building and has worked closely with staff on this. He noted there are 331 stores throughout the U.S. and six are located in Wisconsin. Councilmember Hawes inquired if any thought has been given to building a parking ramp and leaving the Marc's Big Boy Restaurant in place. Mr. Hnatiw stated this would be a very costly alternative. He noted Marc's Big Boy is not closing but simply relocating. Councilmember Lhotka stated he would like to see photos of similar buildings and a sample of the exterior material. He inquired if the timing for approval of this item is critical. Mr. Hnatiw responded affirmatively and noted in order to complete the purchase agreement on this property the applicant must receive Council approval. Councilmember Lhotka inquired of the City Attorney if the City Council could approve everything except the exterior treatment. Mr. Hnatiw stated he was not sure if he could accept a split approval of the application. He noted he cannot go ahead with the real estate deal without approval of the site plan, and the exterior treatment is part of the site plan. Councilmember Lhotka stated he would like to see a different finish than a split face rock. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88009 submitted by Toys "R" Us subject to the following conditions: 1. Building plans are subject review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8 -8 -88 -7- 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property improvements and utility service lines, prior to release of the performance guarantee. ce P g 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. 11. The property shall be combined into a single parcel by plat or registered land survey, said plat or registered land survey to receive final approval and be filed at the County prior to the issuance of permits. 12. The site of the Big Boy Restaurant shall be cleared and the Parking lot fully installed prior to occupancy of the Toys "R" Us store. 13. There shall be no outside storage of semitrailers or the use of these semitrailers for the storage of merchandise except when parked at designated loading docks. The motion passed with Councilmember Lhotka opposed. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Project No. 1988 -14, Replacement of Concrete Sidewalks at Miscellaneous Locations, and Accepting Proposal for this Work. He noted this resolution was submitted to the City Council on July 25, 1988, at which time the City Council tabled this resolution. The Director of Public Works briefly reviewed the three locations for replacement and noted the major cost of the project was $6,300 for replacement of certain sections of sidewalk between 71st Avenue North and 73rd Avenue North from Oliver to Logan Avenues North. He noted this area of sidewalk does form a very integral part of the neighborhood sidewalk system. He added the cost to remove all of the sidewalk and replace with sod would be approximately $4,300. He explained p ed another alternative would be to shift the sidewalk to 71st Avenue North or 73rd Avenue North and add one connection to Logan Avenue North and this alternative would cost approximately $16,000. He stated surveys had been sent to all twelve property owners along the sidewalk area and noted four of the five respondents do not like the sidewalk in this current location. He added staff is unaware of how the other seven owners feel. He stated staff is recommending repair and replacement of sidewalk sections along this area because the existing conditions are dangerous and cause a liability problem for the City. He added this is also substantially less expensive than rerouting the sidewalk. 8 -8 -88 -8- r Councilmember Lhotka noted he did walk along this area of sidewalk and stated there are some spots that are in desperate need of repair or replacement. He added he does want to see the concerns of the neighborhood addressed but added if the sidewalk were removed people would still use the area as a trailway. Councilmember Hawes noted some of the residents expressed concern regarding the darkness along this trailway, and he inquired if it would be possible to install some type of lights. The Director of Public Works stated the Administrative Traffic Committee could address this issue. Councilmember Theis inquired if the other two areas to be replaced, the approach panels at Shingle Creek Parkway and Freeway Boulevard, will have a longer life span or will the same problems occur again. The Director of Public Works stated staff has waited to propose replacement of these areas until the situation has seemed to stabilize. He stated staff does not believe these new approach panels would have as short a life span as the previous ones. Councilmember Theis stated he would like to see a continued maintenance program in these areas to avoid this situation in the future. RESOLUTION NO. 88 -131 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1988 -14; REPLACEMENT OF CONCRETE SIDEWALKS AT MISCELLANEOUS LOCATIONS, AND ACCEPTING PROPOSAL FOR THIS WORK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis directing staff to request the Administrative Traffic Committee to review and act upon the items of concern identified by the property owners. The motion passed unanimously. RESOLUTION NO. 88 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ANN WALLERSTEDT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -133 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. DISCUSSION ITEMS 8 -8 -88 -9- I r PUBLIC WORKS PERFORMANCE EVALUATION SYSTEM The City Manager noted staff has developed a performance evaluation system which would provide for annual performance evaluations of all employees under the Local 49 contract and would also provide opportunities for employees hired at the Maintenance I level to reach higher wage levels based on evaluations of their job skills and performance. Councilmember Lhotka inquired why this plan must be approved by the City Council. The City Manager noted in some cases it would be amending the City's wage plan. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the Brooklyn Center Public Works Performance Evaluation System. The motion passed unanimously. PRELIMINARY 1989 BUDGET REVIEW The City Manager briefly reviewed the memorandum prepared for Council consideration. He noted the revenue area of the 1989 budget will be questionable at first. He explained the State legislature passed a substantial overhaul of the property tax system which changes many portions of the system. He noted the net result of these changes will be confusion and difficulty in figuring out, comparing, and estimating 1988 property taxes on various types of property with the proposed levies for 1989. He then went on to review some of the top and high priorities which were listed by the Council at their planning session in May. He explained one item staff believes should be added to the top priority list is development of a drug education - prevention program. Councilmember Scott stated she feels this should definitely be added as a top priority. She noted drug abuse is becoming a major problem in Minneapolis and will be moving into Brooklyn Center and the other suburbs within the next 12 months. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to add development of a drug education - prevention program to the top priority list of issues prepared at the May 1988, planning meeting. The motion passed unanimously. RENTAL LICENSE -4010 65TH AVENUE NORTH The Director of Planning and Inspection explained in June of 1987, the City Council unanimously denied the renewal of a rental dwelling license for Joe Hamm for the property at 4010 65th Avenue North. He explained the City Council did not renew the rental dwelling license because Mr. Hamm had been renting four dwelling units in a building which had been approved and licensed as a three unit building. He noted this property had only enough land area to meet the zoning ordinance density requirements for a three unit building. Mr. Hamm has sold the property to Joe Maas, who has proceeded to make arrangements to buy an additional 3,000 sq. ft. of land from a neighboring property which will allow him to legally convert the building at 4010 65th Avenue North into a four unit building. He noted Mr. Maas has submitted a planning commission application requesting preliminary plat approval to replat the two parcels and transfer the necessary land area. He added Mr. Maas has also received final plat approval for the land transfer, however, the plat has not been released because some judgements relating to the property have not yet been satisfied. 8 -8 -88 -10- The Director of Planning and Inspection explained Mr. Maas has submitted a letter requesting the q g City Council to reissue the rental dwellin g license to him for a three unit building so he can rent one of the units which has become vacant. He noted the building official has inspected the premises and does not find any problems. He added Mr. Maas has acknowledged his understanding only three units can be rented, and he will only rent three units until other requirements can be satisfied and the platting is accomplished. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka approving the reissuance of the rental dwelling license for a three unit building at 4010 65th Avenue North to Mr. Joe Maas until May 31, 1989, with the understanding the fourth unit be posted "not licensed for occupancy" until all the platting requirements and requirements for occupancy are met and the City Council issues a new rental license for a four unit apartment complex at that address. The motion passed unanimously. OTHER BUSINESS The City Manager noted he had recently been contacted by representatives of the Minnesota Pollution Control Agency. He stated the MPCA has a proposed plan for soil removal and would like to discuss it with the City Council at its next meeting. He noted normally there would be a neighborhood informational meeting before any Council approval is given on this type of issue, however, because of time constraints this issue will be handled somewhat backwards. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :58 p.m. City Clerk Mayor 8 -8 -88 -11- i �J SUPERF UND PROGRAM FACT SHEET Joslyn Site, Brooklyn Center Soil Excavation and Removal August 1988 What is happening at the Joslyn site? Soil and ground water at the former Joslyn wood - treating facility in Brooklyn Center is contaminated as a result of past operations and disposal at the site. Beginning after Labor Day, the Joslyn Corporation plans to excavate the most • heavily contaminated soil and remove it from the site. Approximately 30,000 cubic yards of soil, contaminated with creosote and pentachlorophenol, two wood - treating chemicals, will be excavated and removed. The soil will be transported in lined and covered rail cars to a permitted, secure landfill in Oklahoma. The company estimates that 80 rail -car loads of soil will be moved from the site, and the work will take eight to ten weeks. The purpose of the soil excavation at this time is to remove the majority of the heavily contaminated soil and by doing so prevent additional contamination from seeping into the ground water. How will this affect me? During the time that the work is taking place, you may notice heavy equipment on the site. The heavy- equipment operators will be wearing protective clothing as a precaution, but this does not mean there is a danger to the neighboring com- munity. These workers are required to wear protective clothing when working with contaminated soil because they are exposed to contaminants regularly as part of their jobs -- on an every -day basis -- and often come into direct con- tact with contaminated wastes. There is no need for nearby residents to take any special precautions since the excavation work and disruption of the con- taminated soil will be limited to two small areas, less than one -half acre in size, within the security fence surrounding the site. In addition, the work will be conducted under a safety plan which has been reviewed by the Minnesota Pollution Control Agency (MPCA). MINNESOTA POLLUTION CONTROL AGENCY m rsla-We vow The diagram below shows the Joslyn site. The heavily contaminated soil planned for excavation at this time is located in Pond A and Area 5 on the diagram. AREA WEST OF POND A I POND A FORMER BURNING PIT AREA 1 BORING B -1 6RMER POND B AREHOUS -- PRESSURE VESSELS t o 7 3, 0 „.. .o BORING P84 AREA 8 w ` AREA 4 R x AREA 7 \ \� TREATING VATS AREA 5 BORING PBS „ AREA 8 _J PROPERTY BOUNDARY i I Wh at about the other contamination at the Joslyn site? This excavation action will remove the majority of the heavily contaminated soil. The company is continuing a study to determine a cleanup method for the remaining soil containing lower levels of contaminants. When a cleanup plan is proposed for this soil, the MPCA will hold a meeting in the community to discuss the cleanup plan. The company is currently constructing a ground water pumpout system for the con- taminated ground water beneath the site. The pumpout system will prevent con- taminated ground water from moving off the site. Ground water pumped out will be discharged to the sanitary sewer and treated at the wastewater treatment plant to remove the contamination. The pumpout system is expected to be completed later this year. Any more questions? If you have other questions on the soil excavation planned for the Joslyn site or on any other aspects of the site, please call Frank Wallner, the MPCA's pro- ject manager, at 296 -7827. CITY OF BROOKLYN CENTER Council Meeting Date 8/22/88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: i RESOLUTION ACKNOWLEDGING VOLUNTARY DEDICATION OF EASEMENTS TO THE CITY DEPT. APPROVAL: * * * * * ** * * * **N **PEE * DIRECT OR "T" OF PUBLIC * O * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No On June 13, 1988, City Council adopted Resolution 88 -102 approving appraisals and amounts of settlement for easements required for e h France and Logan gan Avenue • area projects. At that time only one property owner had agreed to voluntarily donate the easement, (Northwest Racquet, Swim & Health Club, Inc.). Due to .internal processing delays, two companies did not respond to the 'request for voluntary donation in time to be included in the original resolution. Therefore, we are recommending that the voluntary donation of Ashland Oil Company and Joslyn Corporation be recognized. Recommendation It is recommended that City Council approve the attached resolution acknowledging voluntary dedication of easements to the City. r i� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING VOLUNTARY DEDICATION OF EASEMENTS TO THE CITY WHEREAS, the City of Brooklyn Center acquired easements in order to improve Logan Avenue, France Avenue, Lakebreeze Avenue, and 50th Avenue; and WHEREAS, property owners had the option of donating the easements or being paid for the easements; and WHEREAS, Ashland Oil Company and Josyln Corporation voluntarily donated the needed easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the community spirit, cooperation, and donation of Ashland Oil Company and Joslyn Corporation is recognized, appreciated, and accepted by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 8/22/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES DEPT. APPROVAL; * * * * * * * * * * * * *N * * ** ' DIRECTOR OF PUBLI WOR * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached - SUMMARY EXPLANATION: (supplemental sheets attached NO ) • 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 the procedures outlined therein. 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/22/88) 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 OMAR A ANAS 707 69TH AVE N 155 OMAR A ANAS 707 69TH AVE N 156 DELFORD BOETTCHER 3318 MUMFORD RD 317 G CARLSON /C LOVGREN 5913 XERXES AVE N 318 DON /MARCIA ELIASON 5313 BOULDER LA 319 MYRNA KRAGNESS 3401 63RD AVE N 320 MYRNA KRAGNESS 3401 63RD AVE N 321 MYRNA KRAGNESS 3401 63RD AVE N 322 WAYNE /GLORIA FINLEY 5454 COLFAX AVE N 323 WAYNE /GLORIA FINLEY 5454 COLFAX AVE N 324 JOSEPH ARCO 6418 GIRARD AVE N 325 G LYONS /MILES CONST 6819 HUMBOLDT AVE N 326 G LYONS /MILES CONST 6819 HUMBOLDT AVE N 327 OTTO /FLORENCE BUDDE 6800 BEARD AVE N 328 OTTO /FLORENCE BUDDE 6800 BEARD AVE N 329 BRUCE OLSON 3201 THURBER RD 330 GEORGE HANSON 5815 JAMES AVE N 331 GERALD KELLY 5603 HALIFAX AVE N 332 CITY W PALMER PARK 333 CITY WANGSTAD PARK 334 CITY WANGSTAD PARK 335 CITY WANGSTAD PARK 336 JOHN GARDAS 5900 VINCENT AVE N 337 CITY 5920 UPTON AVE N 338 WALTER STYER 6325 BROOKLYN DR 339 CITY THE BEACH 340 CITY W PALMER PARK 341 ELIZABETH PRZYBYLA 7125 W PALMER LAKE D 342 ROBERT GADE 6943 W PALMER LAKE D 343 CITY 69TH SHINGLE CREEK P 344 CITY 69TH SHINGLE CREEK P 345 CITY 69TH SHINGLE CREEK P 346 RESOLUTION NO. PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER CITY 69TH SHINGLE CREEK P 347 CITY 69TH SHINGLE CREEK P 348 CITY 69TH SHINGLE CREEK P 349 CITY 69TH SHINGLE CREEK P 350 MICHAEL KURZ 6306 SCOTT AVE N 351 DIANE DREW 6442 ORCHARD AVE N 352 DAVINA LEMBCKE 4301 63RD AVE N 353 CHARLES /SHARON OGREN 3901 BURQUEST LA 354 ROBERT ANDERSON 5520 HALIFAX AVE N 355 JOHN RAQUET 3812 ECKBERG DR 356 JAMES SCHULTE 5427 E TWIN LAKE BLV 357 H PAUL SULLIVAN 5949 XERXES AVE N 358 DORIS JOHNSON 5642 HUMBOLDT AVE N 359 TERRY CASE 5639 HUMBOLDT AVE N 360 TERRANCE STAFFORD 5643 HUMBOLDT AVE N 361 MICHAEL /SUE SCHMIDT 6732 WEST RIVER RD 362 HAZEL KING 5605 HUMBOLDT AVE N 363 KENNETH /LORI WELLE 6506 DREW AVE N 364 CITY KYLAWN PARK 365 CITY KYLAWN PARK 366 CITY EAST PALMER LAKE PK 367 RUSSELL ASHMORE 6340 QUAIL AVE N 368 JEROME JOHNSTON 5012 EWING AVE N 369 SCOTT /MARG THORNTON 5301 EMERSON AVE N 370 SCOTT /MARG THORNTON 5301 EMERSON AVE N 371 ROBERT /MARY ODONNELL 720 69TH AVE N 372 HAROLD ANDERSON 5301 HUMBOLDT AVE N 373 HAROLD ANDERSON 5301 HUMBOLDT AVE N 374 JANE OSTIEN 5239 E TWIN LAKE BLV 375 OUTREACH COMM CTR 507 69TH AVE N 376 DEAN PEARSON 5700 DUPONT AVE N 377 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. 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 8 -22-88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT DEPT. APPROVAL: AV A4&n.0 , Personnel Coordinator Signa re - title ************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X August 8. 1988 - The City Council approved payment for services to North Hennepin Mediation • Project (NHMP) on a prorated basis for the first seven months of 1988 as according to terms of the 1987 contract for mediation services. Final approval of the 1988 contract was delayed in order to further investigate language changes from the 1987 to the 1988 contracts as recommended by Mayor Nyquist. Proposed Contract The basic difference between the 1987 contract and the proposed 1988 contract is found in the Miscellaneous section of the contract. The last sentence is added as follows: 'The City shall be a corporate member of the NHMP." Attached is a copy of the project's bylaws which describe the rights of corporate members. City Attorney Charlie LeFevere feels the City would not assume additional liability by becoming a corporate member. However, should a representative of the City, as a corporate member, be elected to the NHMP's board of directors, the City may be assuming some liability. Another difference between the 1987 and 1988 contracts can be found in the first sentence under the Liabilities section. (Underline indicates new matter, and brackets indicate matter to be deleted.) The City shall not exercise [any] ultimate control of the process, means, or procedures used in providing services hereunder shall provide no directive [or advice] to, and shall not interfere with NHMP or its employees or volunteers in the performance of the services required by this contract so Iona as the service is of a quality acceptable to the City The City attorney advises the City has rights when contracting services to ensure certain levels of quality are met. Recommended City Council Action Pass A Resolution Authorizing the Mayor and City Manager to Enter Into An Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT WHEREAS, the City of Brooklyn Center has allocated $6,600 in the 1988 budget, Unit 11, Object 4429 for mediation services; and WHEREAS, the City of Brooklyn Center and North Hennepin Mediation Project are desirous of entering into an agreement for the provision of services from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The Council has reviewed the Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project and finds that the execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The Mayor and City Manager are authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to North Hennepin Mediation Project. 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. AGREEMENT BETWEEN CITY OF BROOKLYN CENTER and NORTH HENNEPIN MEDIATION PROJECT This Agreement is made the day of between the City of Brooklyn Center, hereinafter referred to as the City, and the North Hennepin Mediation Project, hereinafter referred to as NHMP; In consideration of the covenants set forth herein, the City and NHMP agree as follows: Services Provided. NHMP, within its financial resources, agrees to provide its full range of professional and volunteer services to the residents of the City including, without limitation, the following: a. Mediation services for citizens - City disputes resulting from conflicts in enforcement of City ordinances, rules, and regulations. b. Mediation services for resolving ordinance and nonordinance related neighborhood disputes. C. Mediation services for resolving juvenile justice system disputes, provided that the records and identity of the juvenile shall be provided to NHMP pursuant to Minn. Stat. 260.161. d. Such other services of a similar nature as may be assigned from time to time by the City Manager of the City and as agreed to by the NHMP Board of Directors. Limitations and Report NHMP shall not compete with the City or other Social Agencies by providing services which overlap with services provided by the City or other Social Agencies unless such services can be provided more efficiently and effectively by NHMP. NHMP shall submit an annual report to the City outlining the services provided to the City during the preceding year. Liabilities. The City shall not exercise ultimate control of the process, means, or procedures used in providing services hereunder, shall provide no directive to, and shall not interfere with NHMP or its employees or volunteers in the performance of the services required by this contract so long as the service is of a quality acceptable to the City. NHMP volunteers and employees shall not be considered employees of the City and shall be under the direct control of NHMP. NHMP agrees to indemnify the City and hold the City harmless from any liability, claim, demand or action of any kind, including legal expenses, arising out of NHMP activities, and NHMP shall carry a policy of comprehensive general liability insurance, including contractual liability insurance, in an amount approved by the City to cover this agreement. NHMP shall provide certificates of insurance to the City with the signing of this agreement. It is understood that this insurance requirement does not constitute all of the insurance that may be necessary. Duration. The services provided by NHMP hereunder shall commence on the day of , 1988, and continue until December 31, 1988. It is understood between the parties that NHMP intends to continue to provide similar services after expiration of this contract, as a volunteer organization. Nothing in this contract shall be construed to mean that the City shall renew this contract in the event that NHMP continues to provide such services to the residents of the City of Brooklyn Center after expiration of this contract. Payment. The City agrees to pay the sum of Six Thousand Six Hundred ($6,600) Dollars for the services provided hereunder, for the term of the contract. The sum of $6,600 shall be the total obligation of the City under this contract and shall be payable to NHMP as follows: $3,500 on August 22, 1988, as approved by the City Council on August 8, 1988, and $3,100 on September 12 P , 1988, in order to provide the services required hereunder. In the event that NHMP fails to provide the services hereunder, discontinues its operation, or otherwise breaches the contract in any material way, NHMP shall refund to the City the amount determined by dividing the number of days remaining under this contract by 365 days and expressing the quotient in percentum and then multiplying the said percentum times the total contract price. Miscellaneous. The parties agree that this contract is not assignable and that the contract shall become effective upon approval by the NHMP Board of Directors and the execution thereof by the President and Corporate Secretary, and upon the approval by the City Council of the City of Brooklyn Center and execution thereof by the Mayor and City Manager. The City shall be a corporate member of the NHMP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF BROOKLYN CENTER Mayor City Manager NORTH HENNEPIN MEDIATION PROJECT President Corporate Secretary I BY -LAWS of BROOKLYN CENTER 14EDIATION PROJECT, INC. ARTICLE I PURPOSE /OFFICE Se ction 1 1. To provide a vehicle to settle disputes. 2. To provide supplemental support to the legal system by a practical application thereof. 3. To provide trained personnel to achieve the objective in a professional manner. 4. To seek sources of funding for operation of the corporation. 5. The purpose of this corporation shall be: 1. To exclusively carry out the charitable and educational function within the meaning of Section 501C (3) of the United States Internal Revenue Code and any amendments thereto. 2. To enhance the relationship between individual citizens in the community including but not limited to assistance with decision making involving resolution of disputes. 3. To enhance and supplement the legal system in the community of Brooklyn Center and surrounding neighborhoods. 4. To assist other neighborhoods and cities: a. to promote mediation as an alternative to court for dispute resolution; b. involve volunteers; and C. establishment of separate mediation projects where appropriate. Section 2 - Offices 1. The principal office of the corporation shall be located at 6301 Shingle Creek Parkway in the City of Brooklyn Center, County of Hennepin, State of Minnesota. The corporation may have such other offices either within or without the State of Minnesota as the Board of Directors may determine from time to time. ARTICLE II MEMBERSHIP Section 1. MEMBERSHIP. The voting membership of the organization shall include two categories of membership: A. Individual Membershi Individual membership shall include citizens of Brooklyn Center Area who will contribute financially or by services rendered to the organization on an annual basis. B. Corporate Member A corporate member consists of any business, civic group, service organization, or association who contributes financially on an annual basis to the organization. Section 2. ASSOCIATE MEMBERSHIP. Any person (individuals), corporation, business firm, association, governmental agency, or any other organization which is interested in the promotion of the objectives and purpose of the organization and who contribute financially to the organization. An associate member will not have any voting rights. Section 3. DESIGNATION OF MEMBER. The Beard of Directors may from time to time specify a minimum annual financial contribution or service contribution to qualify for membership. Section 4. VOTING RIGHTS. Each member in good standing shall be entitled to one (1) vote on each matter submitted to a vote of the members. A member in good standing is one current in membership obligation as defined in Section 1 or Section 2, Article II. Section 5. TRANSFER /ASSIGNABILITY. Membership in the corporation is not transferable or assignable. ARTICLE III. MEMBERSHIP MEETINGS Section 1. ANNUAL MEETING. An annual meeting of the members shall be held at a time and place designated by the Board of Directors for the purpose of electing Directors and for the transaction of such other business as may come before the meeting. Any associate member may attend any meeting of the membership. Section 2. SPECIAL MEETINGS. Special meetings of the members may be called by the President, Board of Directors, or not less than one -tenth of the members having voting rights, at a place designated by the Board of Directors. If no designation is made, the place of meeting shall be the principal office of the corporation in the State of Minnesota. Section 3. NOTICE OF MEETINGS. Written or printed notice stating the place, day, and hour of any meeting of members shall be delivered either personally or by mail, to each member entitled to vote at such meeting, not less than five (5) nor more than twenty (20) days before the date of such meeting, by or at the direction of the president, or the secretary, or the officers or persons calling the meeting. In case of a special meeting or when required by statute or by these by -laws, the purpose or purposes for such the meeting is called shall be stated in the notice. If.mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to the member at his address as it appears on the records of the corporation, with postage thereon prepaid. Section 4. INFORMAL ACTION WITHOUT A MEETING. Any action required by law to be taken at a meeting of the members, or any action that may be taken at a meeting of members, may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all the members entitled to vote with respect to the subject matter thereof. Section 5. QUORUM. Members holding thirty -three percent (33 %) of the votes that may be cast at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of members, a majority of the members present may adjourn the meeting from time to time without further notice. However, the numeric number for a quorum for membership meeting shall not be less than the numeric number required for a board of directors meeting. Section 6. PROXIES. At any meeting of members, a member entitled to vote may vote by proxy executed in writing by the member or by his duly authorized attorney in fact. No proxy shall be valid after two (2) months from the date of its execution, unless otherwise provided in the proxy. ARTICLE IV. BOARD OF DIRECTORS Section 1. GENERAL POWERS. The affairs of the corporation shall be managed by its board of directors. Section 2. NUMBER, TENURE, AND QUALIFICATIONS. The number of directors shall be not more than fifteen (15) nor less than three (3), the exact number to be set by the board of directors. Directors shall be elected at the annual meeting of members, and the term of office of each director shall be for a period of three (3) years, and until their successors are elected and qualified. The first board of directors shall be divided into three (3) groups of substantially equal number with the term of one group expiring in one year, one group expiring in two years, and the other group expiring in three years. Each corporate member may annually designate a representative to attend membership meetings from which the membership may elect directors pursuant to Article Three, Section 1. The board of directors in their discretion may appoint up to three ( 3 ) members from the community at large. Such appointments shall be by a two - thirds majority of those present and voting at the meeting. Any board member who is absent from two (2) consecutive meetings without prior excuse from the chairman (or vice chairman) shall be terminated as a member of the Board. Any Director may be removed, with or without cause, at any time, by the affirmative vote of 75% of the members voting at a special meeting of the Board of Directors called for that purpose. The vacancy shall be filled pursuant to Article IV, Section S. Section 3. REGULAR MEETINGS. A regular meeting of the board of directors shall be held without any other notice than this by -law immediately after, and at the same place as, the annual meeting of members. The board of directors may provide, by resolution, the time and place for holding additional regular meetings without other notice than such resolution. Additional regular meetings shall be held at the principal office of the corporation in the absence of any designated meeting place in said resolution. Section 4. SPECIAL MEETINGS. Special meetings of the board of directors may be called by or at the request of the president or any two directors, and shall be held at the principal office of the corporation or at such other place as the directors may determine. Section 5. NOTICE. Notice of any special meeting of the board of directors shall be given at least three (3) days previously thereto by written notice delivered personally or sent by mail or telegram to each director at his address as shown by the records of the corporation. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope so addressed, with postage thereon prepaid. If notice is given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph company. Any director may waive notice of any meeting. The attendance of a director at any meeting shall constitute a waiver of notice ti e of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. The business to be transacted at the meeting need not be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these by -laws. Section 6. QUORUM. A majority f o the boar � y d of directors shall constitute a quorum for the transaction of business at any meeting of the board; but if less than a majority of the directors are present at any meeting, a majority f the directors s present may adjourn the meeting from time to time without further notice. Section 7. BOARD DECISIONS. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of a greater number is required by law or by these by - laws. Section 8. VACANCIES. Any vacancy occurring in the board of directors and any directorship to be filled by reason of an increase in the number of directors, shall be filled by the board of directors. A director appointed to fill a vacancy shall serve for the unexpired term of his predecessor in office. Section 9. COMPENSATION. Directors as such shall not receive any stated salaries for their services. Nothing herein contained shall be construed to preclude any director from serving the corporation in any other capacity and receiving compensation therefor, such as employee. ARTICLE V. OFFICERS Section 1. OFFICERS. The officers of the corporation shall be a president, a secretary, a treasurer, and such other officers as may be elected in accordance with the provisions of this article. The board of directors may elect or appoint such other officers, including one or more assistant secretaries and one or more assistant treasurers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the board of directors. Section 2. ELECTION AND TERM OF OFFICE. The officers of the corporation shall be elected annually by the board of directors at the regular annual meeting of the board of directors. If the election of officers is not held at such meeting, such election shall be held as soon thereafter as is convenient. New offices may be created and filled at any meeting of the board of directors. Each officer shall hold office until his successor has been duly elected and qualified. Section 3. REMOVAL. Any officer elected or appointed by the board of directors may be removed by the board of directors whenever in its judgment the best interests of the corporation would be served thereby. Section 4. VACANCIES. A vacancy in any office because of death, resignation, removal, disqualification, or otherwise, may be filled by the board of directors for the unexpired portion of the term. Section 5. POWERS AND DUTIES. The several officers shall have such powers and shall perform such duties as may from time to time be specified in resolutions or other directives of the board of directors. In the absence of such specifications, each officer shall have the power and authority and shall perform and discharge the duties of the officers of the same title serving in nonprofit corporations having the same or similar general purposes and objectives as this corporation. Section 6. BOND. The Board of Directors shall from time to time determine which, if any, officers, agents, or employees shall be bonded and the amount of each bond. ARTICLE VI. COMMITTEES Section 1. FINANCE COMMITTEE. The finance committee shall be a standing committee of the board appointed annually by the Board. The Board shall be responsible for presenting a proposed annual budget to the Board of Directors three (3) months prior to the beginning of the fiscal year. The committee shall be responsible for acquiring funds consistent with the budget adopted by the Board of Directors. The committee shall consist of at least three (3) people appointed by the president and confirmed by the Board. At least one (1) of the members shall be a member of the Board of Directors. The chairman of the Finance Committee shall be appointed by the president of the Board of this corporation and confirmed by the Board of Directors. Section 2. COMMUNICATION (PUBLIC RELATIONS) COMMITTEE. The committee shall consist of three (3) people at least one (1) of which shall be a member of the Board of Directors. The committee and its chairman shall be appointed by the chairman of the Board and confirmed by the Board. The committee shall by all reasonable methods available communicate with the total community regarding the activities, purposes, and achievements of the organization and shall encourage the utilization of the services offered by the corporation. Section 3. COMMITTEES OF DIRECTORS. The board of directors by resolution adopted by a majority of the directors in office, may designate one or more other committees, which committees, to the extent provided in such resolution, shall have and exercise the authority designated in such resolution; but the designation of such committees and the delegation thereto of authority shall not operate to relieve the board bf directors, or any individual director, of any responsibility imposed on it or him by law. The resolution shall designate the elapsed time that the committee is to function after which the committee is considered dissolved unless said time is extended by the Board of Directors. Section 4. EX- OFFICIO. Each of the committee chairpersons shall be ex- officio members of the board of directors. Section 5. EXECUTIVE COMMITTEE. The officers of the organization as elected by the Board of Directors shall serve an an executive committee which shall act on behalf of i the board when necessary between board meetings. ARTICLE VII. CONTRACTS, CHECKS, DEPOSITS, AND FUNDS Section 1. CONTRACTS. The board of directors may authorize any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these by -laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or may be confined to special instances including but not limited to contractual arrangements with the Mediation Center, office space, and support personnel. Section 2. CHECKS, DRAFTS, OR ORDERS. All checks, drafts, or order. s for the payment of money, notes, or other evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation, and in such manner as shall from time to time be determined by resolution of the board of directors. In the absence of such determination by the board of directors, such instruments shall be signed by the treasurer or an assistant treasurer and countersigned by the president or a vice- president of the corporation. Section 3. DEPOSITS. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the board of directors may select. Section 4. GIFTS. The board of directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for any legal purpose of the corporation. ARTICLE VIII. BOOKS AND RECORDS The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, board of directors, committees having and exercising any of the authority of the board of directors, and shall keep at the principal office a record giving the names and addresses of the members entitled to vote. All books and records of the corporation may be inspected by any member, or his agent or attorney for any proper purpose at any reasonable time. ARTICLE IX. FISCAL YEAR The fiscal year of the corporation shall be set by the Board of Directors of the corporation. ARTICLE X. SEAL The corporation shall not have a corporate seal. ARTICLE XI. WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of the articles or certificate of incorporation or the by -laws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XII. AMENDMENT OF BY -LAWS These by -laws may be altered, amended, or repealed, and new by -laws may be adopted by two - thirds of the directors present at any regular meeting or at any special meeting, if at least fourteen (14) days' written notice is given of intention to alter, amend, or repeal or to adopt new by -laws at such meeting or vote of the members at any regular or special meeting. ARTICLE XIII. DISSOLUTION On the dissolution of the corporation, the entire net assets remaining after the payment of any and all liabilities and obligations of the corporation shall be distributed exclusively for the purposes of the corporation in such manner or to such organization or organizations organized exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954, or corresponding revisions of any future United States Internal Revenue law. These Articles are hereby adopted as the By -Laws of BROOKLYN CENTER MEDIATION PROJECT, INC. this c' 3 day of X110 Q C t -i Secretary Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, Garden City School Parents Group has raised $9,000 to purchase playground equipment which is handicap accessible; and WHEREAS, the Lions Club has donated $2,000 for the installation of this equipment; and WHEREAS, the school has asked if the City of Brooklyn Center will furnish the sand and concrete ring to finish this project. The cost of completing this project is approximately $2,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1988 General Fund Budget as follows: Increase the Appropriations for the following line items: Parks Maintenance - No. 69, Object No. 4235 $2,000 Decrease the Appropriations for the following line items: Unallocated Dept. Expense - No. 80, Object No. 4995 $2,000 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 PARKS AND RECREATION 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Telephone 561 -5448 �1100N \YN [�N1�N �NNY• NNO A�[MNIOM MEMO TO . G.G. Spl -�-- FROM . Arnie Ma -.`_6 DATE : August 8, 1988 SUBJECT: Playground at Garden City School Garden City School has just added some playground equipment which is handicaped assessable. The school's parent group raised the money, around $9,000 to purchase this equipment. The Lion's club donated $2,000 to install it. The school has asked if the city would furnish the sand and concrete ring to complete the project. It is my recommendation that the city do this. The total cost would be around $2,000. The following is a break down of cost. Sand $ 200 Concrete Ring 1,500 Misc. 240 Total $2,000 Thank you for considering this request. 0 CITY OF BROOKLYN CENTER Council Meeting Date 8/22/69 Agenda Item Number Fe- REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ADDITIONAL LIGHTING FOR CENTERBROOK GOLF COURSE PARKING LOT DEPT. APPROVAL: Signature title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached X SUMMARY EXPLANATION: (supplemental sheets attached HISTORY Centerbrook golf course parking lot was basically designed for the golf course use. Because most of the year in which the golf course is active daylight savings time is in effect, only minimal lighting was placed on the golf course parking lot. The lighting that does exist on the parking lot is up close to the clubhouse and adjacent to the trailway that runs between the golf course and the clubhouse and the parking lot. We simply did not anticipate using the golf course in the evening hours. The need to have voting precincts handicap accessible required us to seek a new location for the first precinct Centerbrooks's clubhouse serves as an ideal location for this function. However, when elections generally occur, which is in the fall of the year, it starts getting dark earlier. The need to have the parking lot lit to a greater level than it is, is becoming apparent. We're also finding that once the golf season is over and the course is closed, numerous organizations and clubs are seeking meeting rooms which we cannot accommodate at all times in the civic center complex. Now the clubhouse appears that it will be used as a meeting facility during the winter months. All of this leads up to the fact that we simply did not anticipate winter use of the clubhouse which, if we are going to use it during these times of the year, additional parking lot lighting is a must. RECOMMENDATION We have checked on estimates to expand the existing lighting to the major portion of the parking lot. The estimated cost is approximately $13,000. We recommend the city council pass the resolution authorizing he expenditure of u 9 to 1 p p $ 3,000 to complete the lighting with Centerbrook golf course parking lot. The lighting proposed will match the existing lighting and will be coordinated with it. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION FOR THE EXPANSION OF THE PARKING LOT LIGHTING SYSTEM AT CENTERBROOK GOLF COURSE ------------------------------------------------------------ WHEREAS, the City Council finds and determines that it is desirable to expand the lighting system at the Centerbrook Golf Course parking lot; and WHEREAS, the City has established a Capital Projects Fund to provide funds and to account for the expenditure of such funds for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to appropriate the sum of $13,000 to the Capital Projects Fund Golf Course Project No. 40 from the Capital Projects fund balance to fund the expansion of the parking lot at Centerbrook Golf Course. r 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 8/22/88 Agenda Item Numbe REOUEST FOR COUNCIL CONSIDERATION L ITEM DESCRIPTION: AN ORDINANCE VACATING A PORTION OF XERXES AVENUE NORTH BETWEEN 68TH AVENUE NORTH AND THE NORTHERLY LINE OF BLOCK 1, ELSEN'S CITY VIEW 3RD ADDITION DEPT. APPROVAL: SY KNAPP DIREC R OF PUBLIC WO MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation A street vacation request (see copy attached) has been submitted by the owner of • the property which abuts the dead end portion of Xerxes Avenue North which lies north of 68th Avenue North. As noted in the petitioner's letter, this section of street was originally platted with the intent that it be extended northerly to 69th Avenue. However, all properties to the north and east of the dead end street have been platted and developed without providing for such extension. Accordingly, the only property served by the street is the property owned by the petitioner. A review of existing conditions indicates that utility lines (including a water main, a storm sewer, and NSP's transmission line) are located on or across this area, and that it does provide a drainageway for storm water from 68th Avenue. There appears to be no need to retain the street easement across this property. Vacation of the street easement will eliminate the City's responsibility to provide maintenance of what operates as a private driveway. It will also allow petitioner to exercise access control over that property. That is the basic reason for his request. This ordinance was first read by the City Council on July 25, 1988, was published in the City's newspaper on August 4, 1988, and is offered for a second reading and public hearing at the August 28, 1988 Council meeting. However, the City should retain an easement covering all utilities and drainage rights over the entire portion of the street to be vacated. All utility companies have been notified of this proposal to vacate the easement with the • conditions proposed. None of these companies have filed any objections to the proposed action. • Recommendation Conduct second reading and public hearing. Following the public hearing, consider adoption of the attached ordinance. r CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of August ' 1988 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating the right of way of Xerxes Avenue North, north of the northerly right -of -way of 68th Avenue North in Elsen's City View 3rd Addition. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING THE RIGHT -OF -WAY OF XERXES AVENUE NORTH, NORTH OF THE NORTHERLY RIGHT -OF -WAY OF 68TH AVENUE NORTH IN ELSEN'S CITY VIEW 3RD ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That portion of Xerxes Avenue North described below is hereby vacated as a public street: That portion of Xerxes Avenue which lies between the easterly extension of the northerly right -of -way line of 68th Avenue North and the northerly line of Block 1 Elsen's City View 3rd Addition Hennepin County, Minnesota Section 2. The City excepts from the vacation of Xerxes Avenue North as described above, and reserves to itself and its assigns an easement for all utility and drainage purposes upon over, and under the entire property above described as vacated No structure shall hereafter be erected upon the easement reservation Section 3. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of Mayor ATTEST: Clerk Date of Publication Effective Date une 15, !QRR Mr. Roy E. Tewalt 3000 - 68th Ave. No. Brooklyn Center, MN 55429 (612) 561 -3723 Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: I am writing to ask the City of Brooklyn Center to vacate their right of way on Xerxes Ave No., north of 68th Ave No.. I understand the initial use for this was to be able to connect Xerxes Ave No. to 69th Ave No., which plan I also understand has been abandoned. This stretch of Xerxes Ave No. is becoming a nuisance as well as a safety hazard to my children and friends who play in my driveway. On many instances, people unfamiliar with the neighbor, turn on Xerxes and use my driveway as a turn around. As normal, some motorists are careful, while some are quite careless. (I'll spare you some of the stories.) From the city's advantage, snow removal and street sweeping would be made a little easier. I've enclosed a map of the exact area I am speaking about. Please call or write if you have any questions. Si c rely, Z• 0 E. Tewalt 2 d r ,! P No n L ' L IUD 1 r,X c D� a R r 3N ` G P Y ` P,4L4ER LAKE ,j \Y l � Y ` b Y 6gT� y C Y c q • A! H L Y z X ES / ca ati N �� SylNCC \ •� P ®� k INGLE CREEK PKWY. eem u ' sin U.S. T 66TH. AVE. N. 0 667p z b Zw � '1LL1.RC fS RD I 3 Q I 2 VICINITY OF XERXES AVE RIGHT -OF -WAY VACATION 0 app /000 _ SCALE IN FEET (�� (��� ° PREPAP,ED BY ULTIMAF SHEET i OF Z , f z � r 'l cc 6 ESLESEN'S CITY VIEW 5 2ND ADD'N. - IQ 5 N Q i r � S 0 a 68 \ sF Ty A V E ' No. c� S _ $3 I XERXES AVE RIGHT -OF -WAY 0 30 (10 mom mom M� 1 SCALE IN FEET ° FJ T PR EPARED BY UL IMA? SHEET 2 OF Z CITY OF BROOKLYN CENTER Council Meeting Cate 8/22/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DLiSCRIPTION: AN ORDINANCE VACATING PART OF UTILITY EASEMENT IN LOT 1, BLOCK 3, DONNAY'S BROOKLYN GARDENS 2ND ADDITION DEPT. APPROVAL: Aw SY KNAPP DI 9TOR 69 PUBLIC WO MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation In July, 1959, Mr. Eugene Hammerlund received a quit claim deed from the City of Brooklyn Center for the south ten feet of a fifteen foot easement on the north line of his property. The deed permitted the construction of a garage near the north property line. The deed was not correctly executed. Mr. Hammerlund did not record the document and so he did not realize that the document had not been fully executed. It is too late to fully execute that document since the documentation related to the execution of the quit claim deed cannot be found. The easiest solution is to reinitiate the process by vacating the easement. This ordinance was first read by the City Council on July 25, 1988, was published in the City's official newspaper on August 4, 1988, and is offered for a second reading and public hearing at the August 28, 1988 Council meeting. Pursuant to City code, we have notified all of the utility companies of the City's plan to vacate part of this easement. None of these companies have filed any objection to the proposed vacation. Recommendation Conduct second reading and public hearing. Following the public hearing, consider adoption of the attached ordinance. • 9b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing ill be held on the 22nd day of g Y August , 1988 , at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF A UTILITY EASEMENT IN LOT 1, BLOCK 3, DONNAY'S BROOKLYN GARDENS 2ND ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The southerly 10.00 feet of the 15.00 foot drainage and utility easement along the northerly lot line of Lot 1 Block 3 Donnay's 2nd Addition, Hennepin County Minnesota except the westerly 5.00 feet of said easement, is hereby vacated Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date 4 � I HORE LA. i i 66TH. AVE. N. 2 4J r r - WINCHESTER LA. LOT 1 FH �rEN BLOCK 3 . 1LLJ t2', L1J 7 Q z p�Ul. DR. i z 64 AV N. ui d VICINITY MAP DONNAYS BROOKLYN GARDENS EASEMENT VACATION � � � SCAL "t IN FEET (� ����'�� PREPARED BY ULTIMAP SHEET 1 OF 2 I I I 1 I I I I LOT 3 I I 2 7 51 1_ - ��������� - -�� I I I i I a I I LOT a � I I Q ° I Cry co I 0 5 I f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O 127 Z j D LOT 2 EASEMENT VACATION DONNAY'S BROOKLYN GARDEN 2ND ADDITION LOT 1 BLOCK 3 � M nn �y 0 30 60 o It� OO WL� 1{ IN SCALE IN FEET PREPARED BY ULTIMAP SHEE? 2 OF 2 M MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 11, 1988 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:35 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Wallace Bernards and Mike Nelson. Also present were Director of Planning Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman Lucht explained Commissioners Lowell Ainas and Bertil Johnson were unable to attend the meeting and were excused. APPROVAL OF MINUTES - July 14 and July 28, 1988 Motion by Commissioner Nelson seconded by Commissioner Bernards to approve the minutes of the July 14, 1988 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Bernards and Nelson. Voting against: none. Not voting: Commissioner Malecki as she did not attend that meeting. The motion passed. Motion by Commissioner Nelson seconded by Commissioner Malecki to approve the minutes of the July 28, 1988 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki and Nelson. Voting against: none. Not voting: Commissioner Bernards as he did not attend that meeting. The motion passed. DISCUSSION ITEMS The Secretary explained that he would introduce the second discussion first as the realtor interested in the discussion item regarding the southwest quadrant of I94 and Brooklyn Boulevard was not yet present. b) Industrial Park Uses, Special Uses The Secretary introduced the second discussion item regarding uses in the Industrial Park zoning district. He stated this matter had been discussed previously and that the City Council had expressed concern over development at the corner of Shingle Creek Parkway and Freeway Boulevard as the owners of the property had indicated proposals for a fast food restaurant, budget motel and a small office building. He explained that these developments did not fit the Master Plan for that area. He stated the most recent plan for that area was for a large corporate office center although formal plans had never been submitted. He noted a variance for an area identification sign along with a proposal for an office tower had been submitted as the original proposal, but apparently that development has been abandoned. He explained that the concern was over the potential use of the corner for uses acknowledged by the Zoning Ordinance, but considered inappropriate at that location in the Industrial Park. . The Secretary explained that Al Beisner of Richardson and Sons would be handling the development of this area. He noted that staff is not particularly opposed to fast food restaurants and budget hotels, but believe they are inappropriate uses at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. 8 -11 -88 -1- The Secretary reviewed some of the surrounding properties and explained there is excess property on the Budgetel site that was originally proposed for a restaurant and there is a possibility of extending James Circle to open up development in that area. He stated that Embers restaurants owns a parcel on James Circle that was intended also for a restaurant which was never built and an original agreement with Budgetel was that if Embers did not build a restaurant, Budgetel would be able to do so. He asked the Commission for discussion and direction for staff to possibly include a City initiated rezoning of the area from I -1 to C2 to allow all of the general commerce uses and to remove special use permits to eliminate fast food restaurants and transcient lodging in the I -1 zone. He stated that staff has no problem with a major hotel /restaurant /nightclub development. Further discussion ensued regarding possible rezoning of the Earle Brown Farm from I -1 to C2. The Secretary stated that the Comprehensive Plan was amended to allow mixed uses in the Earle Farm area. Commissioner Nelson stated that rezoning the property to C2 would not prevent the development of any proposed uses in the area south of Freeway Boulevard. Chairman Lucht responded that most areas are already developed. Commissioner Bernards asked if there is any vacant property back of the LaCasita Restaurant. The Secretary responded that LaCasita owns all of that property. Commissioner Bernards also asked if this means that a rezoning would reduce I -1 and increase C2 uses according to supply and demand. The Secretary answered that it might and pointed out that much of the recent development in the I -1 zone was of the C -2 type. He stated that it was not intended to create the Holiday Inn as a nonconforming use and suggested that if the area is left I -1 that a new zoning classification be established so that it does not become a nonconforming use. Commissioner Malecki inquired about the 5 acre site requirement. The Secretary stated that he was not recommending this be adopted at this time. Chairman Lucht then polled the Commissioners for their opinions regarding the proposed rezoning designation. It was the consensus of the Commission to recommend that rezoning of the property located south of Freeway Boulevard and east of Shingle Creek to C2; to limit the uses allowed by special use permit in the I -1 zone; and to consider a new use classification for a hotel containing dining facilities, meeting rooms and conference facilities as a use allowed as a special use in the I -1 zoning district. c) Earle Brown Farm Preview The Secretary stated EDA Coordinator Brad Hoffman was unable to attend this evening's meeting as planned. He reviewed transparencies of the potential layouts of the farm and explained a bed and breakfast lodging is proposed and the possibility of a 2 or 3 level parking ramp to be built at a later time are being comprehended. Chairman Lucht asked if there is parking available at the Ryan office property and at the office tower. The Secretary answered in the affirmative. He stated that the refurbishing will be slow because of the cost and hope to get the developers to share in that cost. 8 -11 -88 -2- ICI a) Southwest Quadrant of I94 and Brooklyn Boulevard The Secretary reviewed a memo and transparency of the R5 zoned property located at the southwest quadrant of I94 and Brooklyn Boulevard. He pointed out access and soil problems with the property. He stated that the City is not interested in acquiring properties south of this parcel. Commissioner Nelson asked if the reason for not looking at all of Brooklyn Boulevard at this time is to prevent creating more nonconforming uses. The Secretary answered in the affirmative. Chairman Lucht asked what the Council's rationale was for rejecting the zoning recommended at the time of the Foundation Stone Ministries proposal. The Secretary stated that the Council felt some of the uses that would be allowed with a Cl zoning would not be appropriate and that there might be more control of the church development with a special use permit. He pointed out that he was not certain that these were the reasons, but that was his best recollection. The City Engineer explained that the development of the site is limited due to the soil problem. He stated he agrees with the Secretary that acquiring more property to gain better access to the property is a way for developers to better utilize the property. Commissioners Bernards stated that neighbors on 65th Avenue North would object to access from that street. Commissioner Malecki stated that none of the neighbors would want an access from their street. Chairman Lucht asked if there is a possibility of widening 65th Avenue. The City Engineer stated it would be extremely difficult to widen 65th Avenue. Chairman Lucht then recognized Dan Hunt of Coldwell Banker. Mr. Hunt explained he has a client who is interested in building an apartment building on the site. He stated he feels it would take an intense development to make it economically feasible to acquire more property to the south of the site. He noted that Brooklyn Center has a gap in housing and has very little vacant land for development. He noted that the condominium market is,no longer desirable, but that an apartment development would be feasible using a right in /right out access. Chairman Lucht polled the Commissioners for their opinion as to a desirable rezoning. It was the consensus of the Commission that the staff be directed to initiate a Cl rezoning of the parcel and parcels to the south that are in the R5 zone with the exception of the parcel at 4010 65th Avenue North. This rezoning is consistent with the Comprehensive Plan. The Commission also noted that a ClA zoning of the property might be appropriate provided a proper development plan was put forth. Commissioner Malecki stated she would like a clarification of the Council's concern for this property. She also stated she felt the neighbors should be involved as soon as possible. The City Engineer stated there should be feedback from the neighborhood regarding a proposed access from 65th Avenue North. Commissioner Nelson requested the staff to look at what a plan for a C1A use would be like knowing the impact of the setback from the R1 zone to the south and west. 8 -11 -88 -3- The Secretary stated the area abutting the residential area could be used for parking. He referred to the Brooklyn Crossing office complex at County Road 10 and Brooklyn Boulevard which abuts residental property as an example of Rl and CIA abutment. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Bernards to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:58 p.m. Chairman ,s 8 -11 -88 -4- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Gary Shallcross, Planner SUBJECT: Options for Controlling Development DATE: March 28, 1988 You have asked for a list of options for controlling development in the Industrial Park, specifically to prevent low quality, balkanized development at Freeway Boulevard and Shingle Creek Parkway. The following options are presented with a brief discussion of each: 1. Declare a moratorium on development in the I -1 zone to study options for better controlling development in the Industrial Park. This is purely a stopgap measure that would give the City some time to study development options and the means to control development. In all likelihood, the Council would want any such moratorium to be short so that there was no significant delay for any reasonable development of I -1 land. Jim Ryan might want an extension of time on his agreement to build phase 1 4 of the Brookdale Corporate Center if a moratorium is imposed. It should also be recalled that the 1985 moratorium did not significantly change and only delayed the proposed use. Nevertheless, a moratorium would allow for legal and planning analysis to support other actions. 2. Buy the 5.7 acre parcel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. This would be the most drastic, but also the most effective way to control development on this prime parcel land. The City could then rezone the property without objection and /or find a developer who would build the type of quality development the City is looking for. The action would be somewhat unusual in that City purchase of land is generally considered to be a prerogative for redevelopment, not first time development. However, the City did buy some mostly vacant land parcels in its pursuit of the Brookwood and Earle Brown Commons developments. So it is not unheard of for the City to buy vacant land. We have to realize, however, that this parcel would be off the tax rolls perhaps for up to five years until the office market picks up in this area. 3. Rezone the parcel at Shingle Creek Parkway and Freeway Boulevard to C1A (high -rise office). This would limit development of this critical parcel to high rise office - the type of development it looked like we were going to get a year or so ago. Such a rezoning might be considered a taking or even spot zoning if not buttressed by a planning study. Nevertheless, it would not take the Memo Page 2 March 28, 1988 property in the sense of denying all potential use of the ` property. I recommend a legal opin of n from the City Attorney before proceeding much further on this option. 4. Eliminate certain commercial uses from the list of special uses allowed under Section 35- 330.3c and 3f. These uses include service stations, car washes, convenience food restaurants, bowling alleys, hotels, etc. Some of these uses already exist in the I -1 zone and some do not. Those that exist, including the Holiday Inn, Budgetel, and Thrifty Scot would become nonconforming. There are no service stations or convenience food restaurants in the I -1 zone and this move would foreclose the possibility of them coming in. 5. Rezone the land between I -94 and Freeway Boulevard east of Shingle Creek and also the Holiday Inn site to C2. This would allow these existing uses to remain conforming. It might also, to some extent, make a rezoning to C1A at the corner of Shingle Creek Parkway and Freeway Boulevard more rational and less of a spot zoning action. 6. Amend Section 35 -400 to require a five acre minimum for all parcels of record in the I -1 zone after January 1, 1988. This would eliminate the possibility of subdividing the large remaining parcels in the I -1 zone, thus preventing the balkanization of development on the remaining land in the Industrial Park. The trend in the Industrial Park over the past 10 years has been toward larger, in some cases multi - tenant, and consolidated developments. Small, single -user developments have not been introduced and, at this stage, I don't think we want them. A five acre minimum in the I -1 zone has a similar purpose to the one acre minimum for Cl developments adjacent to major thoroughfares - to consolidate development and access to lessen traffic congestion on major thoroughfares and prevent tacky house conversions. In short, if we want to maintain the character of the Industrial Park, a five acre minimum lot size is highly desirable. Any or all of the above actions should be pursued fairly quickly if we expect to beat the small developments to the punch. Any or all of them may also require a planning study and /or a legal opinion from the City Attorney. I would recommend that we consult our City Attorney about these and other options at the first opportunity. MEMORANDUM TO: Brooklyn Center Planning Commission FROM: Planning Staff SUBJECT: Southwest quadrant of 194 and Brooklyn Boulevard DATE: August 9, 1988 Background In the past five years, there have been two concrete development proposals for the 4.5 acre parcel of land at the southwest quadrant of 194 and Brooklyn Boulevard. The first proposal was for an office condominium development by Larry Cramer with about 20 office units at approximately 1,000 sq. ft. each. Although allowed by special use permit in the R5 zone (the zoning designation of the property in 1983 and at present), the application spurred a review of the Comprehensive Plan's recommendation for this area of Brooklyn Boulevard. The Comprehensive Plan recommended mid- density residential (townhouse) development in the area of the boulevard north of 63rd Avenue North on the west side and north of what is now Builder's Square and Red Owl on the east side of the boulevard. Townhouse development is permitted in the R5 zoning district provided it is built at the R3 density (8 units /acre). During the review of Mr. Cramer's office development proposal, the Planning Commission recommended and the City Council adopted a Comprehensive Plan amendment recommending mid- density residential or office development in various locations along Brooklyn Boulevard. Section 35 -312 of the Zoning Ordinance (governing the R3 zoning district) was also amended to allow low - rise office development by special use in the R3 zoning district. Since R3 uses and office uses were allowed in the R5 zone and since no apartment development was being proposed, no rezoning to R3 (townhouse) or Cl (service /office) was proposed at that time. Instead, the office development proposal was approved along with the Comprehensive Plan amendment. Although the office development never went forward, the Comprehensive Plan amendment remains in effect and the Plan recommendation for the property remains townhouse or office development. In 1985, Foundation Stone Ministries (FSM) proposed to build a large church on the property. At that time, churches were not permitted in the R5 zoning district, nor in the R3 district. In the Cl district, "religious uses" are permitted. Since a Cl zoning was consistent with the amended Comprehensive Plan, staff recommended that FSM seek a rezoning of the property to Cl. Such a rezoning application was filed and was recommended by the Planning Commission. The City Council, however, did not approve the rezoning and instead called for an ordinance amendment to make churches a special use in the R5 zoning district. The ordinance amendment became effective and a site and building plan /special use permit application was filed and eventually approved. However, the church decided to go elsewhere and never built on the site. Two Site Problems The site is plagued by poor soils and very difficult access. There have been soil borings which indicate peat to a depth of approximately 25' making development of the land costly. The access is only about 250' south of the exit ramp from eastbound I -94 to southbound Brooklyn Boulevard. The City has indicated, in the approval of the last two development proposals, that access can only be gained off Brooklyn Boulevard and that such access will only be right -in /right -out as the median in Brooklyn Boulevard will be extended beyond the point'of access. r Memo Page 2 August 9, 1988 Zoning vs. Comprehensive Plan As indicated earlier, the property is zoned R5 which allows 2 112 to 3 storey apartment buildings at a density of 16 units per acre. Lower rise apartments and townhouses are also permitted and offices (up to 3 storeys) are allowed by special use permit. The Comprehensive Plan recommends either townhouses or office development for this property. It does not recommend apartment development. However, if an apartment development is proposed and meets ordinance requirements, it would have to be approved because the R5 zoning takes precedence over the recommendations of the Comprehensive Plan. State law was actually amended a couple of years ago to make the preeminence of zoning explicit. Therefore, if the City wishes to safeguard the recommendations of its Comprehensive Plan, it must rezone the land to either R3 or Cl or ClA and thereby exercise real control over future development of the property. Rezoning Options -R3 Of the three rezoning options that would be consistent with the Comprehensive Plan, the R3 zoning designation is perhaps the most consistent. Townhouses are a permitted use in the R3 zone and low -rise offices (one to two storeys) are allowed by special use permit. Low intensity development would probably be preferable to the surrounding residential neighborhood to the south and west. However, residential development may be altogether inappropriate at such an intersection where air quality may not meet federal standards because of traffic congestion. Also, low intensity development generally may not generate the kind of economic return that would be necessary to finance soil corrections and /or acquisition of houses to the south of this site for improved access. -Cl: The C1 zoning designation would also be consistent with the revised Comprehensive Plan recommendation for this area, but would allots slightly more intense development (service /office uses up to 3 storeys in height). Such a zoning designation would strike a balance between the concerns of the residential neighborhood to the south and west and the high - demand location with freeway access and visibility. We do not know whether a three storey office development would generate the return needed to finance the soil corrections costs and the purchase of houses to the south to obtain better access, but it would seem to make it more likely. One concern with office development would be the addition of p.m. peak hour traffic onto an already busy Brooklyn Boulevard. A right -in /right- out access would probably be the best solution to this problem since it would eliminate dangerous left turns out of the property onto Brooklyn Boulevard. -C1A: Perhaps the most attractive commercial option that would still be consistent with the Comprehensive Plan would be the C1A zoning. This would allow very intense development on the property which might take in some of the houses to the south on Memo R Page 3 Y August 9, 1988 Brooklyn Boulevard. At present, there is a surplus of office space in the northwest suburban area; so, development might be delayed for some years, but this may happen in any case as there are other, easier to develop properties in the city and beyond. The drawbacks to this zoning are the increased building size relative to the single - family neighborhood and the increased traffic. It should be borne in mind though that the Brooklyn Crossing office development at Brooklyn Boulevard and County Road 10 illustrates how a higher rise office building can coexist with a single - family neighborhood and gain access from a minor street while having frontage on two major thoroughfares. Perhaps such an office development could actually gain access from 65th Avenue North, though this would be very expensive and would put a lot of the parking quite some distance from the building itself. (It should also be noted that any building over two storeys in height must be set back twice the height of the building from an R1 or R2 zone). The Commission may wish to defer any zoning to C1A until a serious high -rise office development proposal is brought forward. In the meantime, an R3 or Cl zoning could be put in place. Other Properties The houses to the south of the 4.5 acre vacant parcel are also zoned R5. Whatever zoning designation is chosen should be applied to those houses as well, but not to the four - plexes further south. The three -plex at 4010 65th Avenue North could be left in the R5 zone or down -zoned to R4. R 5 F R I/- C2 r C2 i� R5 I I-IN c I_1��. 7_I_ "i _r -__ -_ )' [ 94 -------- 614 C2 C2 Y 1 1 CITY OF ROOKLYN CENTER 600 1200 2400 RIVIsto MAY 88 ZONING DISTRICTS ALL DISTRIC BOUNDARIES EXTEND PERPENDICULARLY TOTHE CENTERLINES OF STREET ALL AREA: NOT OTHERWISE DESIGNATED ARE RI ULTIMAP '... - ..►tom\ �t�.�s L��.��,.. " 11111111111111 -• 1111. '� ""�.��"■ MEN ism son • • -� ��� ' ■e■ ' . . ARK Licenses to be approved by the City Council on August 22, 1988: 0 CIGARETTE Theisen Vending Co. 3804 Nicollet Ave. S. La Casita Restaurant 2101 Freeway Blvd. City Clerk 1. J MECHANICAL SYSTEMS Advanced Mechanical Contractors 7805 Beech St. NE Building Official 44. PERISHABLE VENDING MACHINES Jimmy Jingle 1304 East Lake Street Builders Square 3600 - 63rd Ave. N. Sanitarian RENTAL DWELLINGS Initial: Gary Olson 3715 69th Avenue N. Renewal: Thomas K. Williams 5200 France Avenue N. John and Patty Devries 2801 66th Avenue N. Bertil G. Johnson 5333 E. Twin Lake Blvd. Dwight Jereczek 6319 Brooklyn Drive Bernard Gilvin 3901 61st Avenue N. Z & S Management Co. 3401 13 47th Ave. N. Roland Scherber 5243 Ewing Ave. N. Director of Planning and Inspection GENERAL APPROVAL: D. . Weeks, City Clerk I