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HomeMy WebLinkAbout1985 07-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JULY 22, 1985 (following adjournment of the HRA meeting) 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Performance Bond Release: a. Basswood Apartments, 4450 58th Avenue North 7. Resolutions: a. Seeking Authorization for a Condemnation of Atkin's Mechanical Property This property is at the southeast corner of 66th and'Lyndale Avenues North and is being condemned as part of the interchange improvements. *b. Accepting Bid and Approving Contract 1985 -H -This contract provides for the 'City's annual seal coating program (Improvement Project No. 1985 -15)• *c. Accepting Bid and Approving Contract 1985 -K -This contract includes the Dallas Road Improvement Project No. 1985 12, the Wingard Lane Improvement Project No. 1985 -13, and the 65th Avenue Improvement Project No. 1985 -14 as ordered by the City Council following public hearings held on June 10, 1985• *d. Accepting Quotation for Landscaping on Wingard Lane Improvement Project No. 1985 -13 -This quotation provides for landscaping at the proposed turnaround on Wingard Lane at Brooklyn Boulevard. *e. Accepting Work under West Palmer Lake Bituminous Trail Improvement Project No. 1985 -18 *f. Accepting Work under Contract 1984 -I (Evergreen Area Park'Improvement No. 1984 -07, Phase II) Work under this contract included the installation of a lighting system, an irrigation.system and landscaping at the soccer field, and construction of the pumphouse for Well No. 4. CITY COUNCIL AGENDA -2- July 22, 1985 *g. Appointing Henry R. (Bo) Spurrier as Alternate Commissioner to the Shingle Creek Watershed Management Commission *h. Appointing Henry R. (Bo) Spurrier as Alternate Commissioner to the West Mississippi Watershed Management Commission 8. Ordinance (7:30 p.m.) a. An Ordinance Amending Chapter 29 on Filing for Municipal Office -This ordinance was first read on June 24, 1985, published in the City's official newspaper on July 4, 1985, and is offered this evening for a second reading. This ordinance is the result of 'a new state law requiring the preparation and delivery of absentee ballots at least 30 days before an election, and requiring filing of affidavits of candidates not less than six weeks nor more than eight weeks before a municipal primary and at least 18 weeks before the general election 9. Public Hearing: (7:30 p.m.) a. The Establishment of a Redevelopment Project and a Tax Increment Financing District 1. Resolution Establishing a Redevelopment Project and a Tax Increment Financing District 10. Planning Commission Item: (8:00 p.m.) a. Planning Commission Application No. 85009 submitted by Foundation Stone Ministries, Inc. for rezoning of the 4.5 acre parcel at the southwest corner of I -94 in Brooklyn Boulevard from R5 to C1. This application was considered by the Planning Commission at its May 9, 1985 meeting, with tabled and referred to the West Central Neighborhood Advisory Group for review and comment, and recommended for approval by the Planning Commission at its July 11, 1985 meeting. 1. Resolution Regarding Disposition of Application No. 85009 Submitted by Foundation Stone Ministries, Inc. 2. An Ordinance Amending Chapter 35 of the City Ordinances Making Churches, Chapels, and Synagogues as Special Uses in C1 and C2 Zoning Districts This - ordinance is offered for a first reading this evening. Currently churches, chapels, and synagogues are permitted uses in C1 and C2 zoning districts, and the ordinance would make them special uses in the districts. 11. Discussion Item: a. Staff Report - Brookwood Condominiums *12. Licenses 13. Adjournment CORRECTED COPY The motion for the adoption of the foregoing resolution was duly seconded by member . Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCE The City Manager introduced An Ordinance Amending Chapter 29 on Filing for Municipal Office. He explained the ordinance is offered for a first reading this evening because of a new state law requiring the preparation and delivery of absentee ballots at least 30 days before an election, and requiring filing of affidavit of candidates not less than six weeks nor more than eight weeks before a municipal primary and at least 18 weeks before the general election. He stated an additional two weeks is needed to allow for handling and delivery of absentee ballots. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 29 of Filing for Municipal Office and to set the public hearing date on the ordinance for July 22, 1985 at 7:30 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PUBLIC HEARING ON PRIVATE KENNEL APPLICATION The City Manager noted that a public hearing is scheduled for 7:30 p.m. on an application for a private kennel license from Carolyn E. Duerr of 6900 Regent Avenue North. He stated the applicant has three dogs and wants the dogs to be housed inside the residence at 6900 Regent Avenue North. He added the City ordinance requires a private kennel license where more than two dogs, exceeding six months of age, are • kept in a household. He referred the City Council to a notice of public hearing sent to area residents, the application for the private kennel license, a report from the police department of activity at the applicant's residence, and two petitions received from area residents. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license application from Carolyn E. Duerr, 6900 Regent Avenue North. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on a private kennel license application from Carolyn E. Duerr, 6900 Regent Avenue North. At this time, the applicant entered the Council Chambers and indicated that she wished to speak. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to reconsider opening the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. Mayor Nyquist recognized the applicant, Carolyn E. Duerr of 6900 Regent Avenue North who stated she has one dog, and her daughter who is living with her temporarily has two dogs. Mayor Nyquist inquired as to when Ms. Duerr Is daughter is moving out, and Ms. Duerr responded saying her daughter is separated, so it may be six months before her daughter leaves. 6 -24 -85 -7- CORRECTED COPY 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3• Prior to final plat approval the applicant ,shall execute a deed restriction which shall be filed with the title to the property requiring a 10' wide green area along the west side of Lot 2. 4. Final plat approval is subject to adoption of an ordinance by the City Council vacating the Irving Avenue North half - street east of the subdivision. 5• The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 6. The plat shall receive final approval and filed at the County prior to issuance of building permits for the proposed Lot 2. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85016 SUBMITTED BY VILLAGE PROPERTIES FOR A- VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW A TEMPORARY 1' SETBACK OAF HIGHWAY 252 RIGHT -OF -WAY AND TO ALLOW A DENSITY VARIANCE OF TWO UNITS AT THE EVERGREEN PARK APARTMENTS, 7200 -7224 — CAMDEN — AVE - R i ff NO' R�T eYfi'i 'Director of Planning & Inspect o stated the Planning Commission recommended approval of Application No. 85016 at its June 13, 1985 meeting. He added that there would be modifications of the variance request based on a new highway department proposal. The Director of Planning & Inspection stated the applicant, Mr. Ken Solie, requested to make a presentation anyway. Mayor Nyquist recognized Mr. Ken Solie, representing Village Properties. Mr. Solie reviewed the changes made by the State of Minnesota, and indicated his desire to modify the variance application regarding setbacks. The Director of Planning & Inspection stated a public hearing had been set for this evening for this application, and requested that if the application is tabled, that the public hearing be continued. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85016. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Mrs. Patty Lee of 7223 Camden Avenue North. Mrs. Lee expressed concern over the possibility that parking spaces would be eliminated with the construction of this project. Mayor Nyquist recognized Mir. Solie, who stated that none of the parking spaces would be eliminated. The Director of Planning & Inspection and Mr. Solie discussed the area that the highway department would be taking as right -of -way. i Mayor Nyquist inquired if there was anyone else present who wished to speak at the 6 -24 -85 -12- CORRECTED COPY public hearing. No one requested to speak and he entertained a motion to continue the public hearing to the July 8, 1985 City Council meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing of Application No. 85016 to the July 8, 1985 meeting of the City Council. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion P assed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table Application No. 85016 to the July 8, 1985 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEM SCHEDULING OF CITY COUNCIL MEETINGS The city discussed the possibility of changing the meeting nights of the City Council from the second and fourth Mondays of each month to the second and fourth Tuesdays because of conflicts with Monday holidays. He added that City Councilmembers had requested additional time to review the agenda packets prior to the City Council meetings. He suggested that no changes be made until at least the 1986 Council meeting schedule is set. Mayor Nyquist stated he has some personal conflicts, but these could be resolved if need be. Councilmember Hawes noted that he receives a great deal of material at the last minute, which does not provide enough time for review. He added that changing g g the meeting nights of the Council meetings may help eliminate the problem. Councilmember Lhotka suggested that no matter what night the Council meets, there will always be last minute items. He requested that last minute items of significance or of any great length should not be given to the City Council until the following meeting. Councilmember Theis suggested that agenda packets be distributed on Thursday evenings rather than Fridays to provide for additional reviewal time b the City t Council. Y cil. Councilme er h Y Councilmember Lhotka stated he preferred the Monday evening meetings. Councilmember Theis stated Thursday evenings may be better than a Tuesday meeting which would allow, for more interaction between staff and the City Council in answering questions about specific items. Mayor Nyquist recognized Mary Jane Gustafson of the Brooklyn Center Post, who stated that from a newspaper's point of view, it would be impossible to print the news from Tuesday evening Council meetings in the paper in the ,same week as the meeting. The City Manager stated that no action was required of the City Council at this time, but City staff will attempt to deliver agenda packets at an earlier time. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Accepting Quotations and Awarding Contract for the Purchase of Two Snow Box Inserts. He explained it is necessary to order the inserts at this time in order to receive them by this year's snowfall. The City Attorney asked what a snow box insert is, and the City Manager explained it enlarges the front of a snowplow to haul more snow. RESOLUTION NO. 85 -116 Member Rich Theis introduced the following resolution and moved its adoption: 6 -24 -85 -13- CORRECTED COPY RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF TWO SNOW BOX INSERTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONDITIONS FOR EMPLOYMENT OF RICHARD PLOUMEN FOR THE POSITION OF SUPERINTENDENT OF STREETS & PARKS The City Manager ,stated it would be necessary for the City Council to approve special conditions for employment of Richard Ploumen for the position of Superintendent of Streets & Parks. Councilmember Hawes inquired as to the background of Yr. Ploumen, and the City Manager stated Mr. Ploumen had spent eight years in Bloomington and more recently six years in Mendota Heights•as Superintendent of Streets, Parks, and Public Utilities. The Director of Public Works stated 25 applications had been received and a very extensive selection process had been followed. He added the salary for Mr. Ploumen is within the existing salary schedule. The City Manager noted that it is not unusual to specify special conditions for filling management positions. Councilmember Theis stated he felt allowing for special conditions is a good way to attract experienced applicants. Councilmember Lhotka asked what the hire date for Mr. Ploumen is, and the Director of Public Works responded that Mr. Ploumen would begin July 18, 1985. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to allow Mr. Richard Ploumen three weeks vacation accrual for his first five years of employment with the City and then according to the personnel ordinance and 100 hour block of sick leave, which can be used in the first year, but must be earned according to the City Plan before additional hours accrue. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 9 :33 P.m. Deputy City Clerk Mayor 6 -24 -85 -14- MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner DATE: Performance Guarantee SUBJECT: July 17, 1985 The following performance guarantee is recommended for release: 1. Basswood Apartments 4450 58th Avenue North Planning Commission Application No. 83033 Amount of Guarantee $1,500 Letter of Credit Obligor Hilltop Builders Original guarantee of $12,500 was reduced by City Council on September 24, 1984 to $1,500 to insure that all plantings are in and viable. Because of the relocation of garages further west, some shrubs along west edge of property cannot fit between garages and fence. However, the developer has provided more 6" diameter trees for the development than are called for by the Zoning Ordinance. Recommend total release. Approved by Ronald A. Warren, Director of Planning an nspection T4) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF LAND FOR PUBLIC PURPOSES WHEREAS, the City has been studying the need for redesign of the street layout in the area of 66th Avenue and State Highway 252; and WHEREAS, the Council has been informed by the City Engineer that such redesign is necessary and convenient to the public safety and welfare in reducing unsafe traffic patterns in that area; and WHEREAS, the City Engineer is preparing plans for such redesign which call for the acquisition of the tract of land described in attached Exhibit A; and WHEREAS, the Council hereby finds and determines that the acquisition of such tract of land is necessary in furtherance of the redesign of 66th Avenue and as such constitutes a public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. The acquisition of the tract of land described in the attached Exhibit A is hereby authorized. 2. The City 'Manager is hereby authorized to endeavor.to negotiate the purchase of said tract on such terms and conditions as shall hereafter be subject to approval b this Council. _. J pp Y I 'I r i 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. ;."' EXHIBIT A Parcels to be acquired: 1. PID/t36- 119 -21 -13 -0006 LOT 15, AUDITOR'S SUBDIVISION NO. 310, HENNEPIN COUNTY. MINN. THAT PART OF NLY 72 FT OF LOT 15 LYING W OF WILLOW LANE 2. PID/86- 119 -21 -13 -0007 LOT 15, AUDITOR'S SUBDIVISION NO. 310, HENNEPIN COUNTY, MINN. THAT PART LYING S OF N 72 FT THEREOF AND W OF WILLOW LANE 3. PID 36- 119 -21 -13 -0020 COM AT SE COR OF LOT 6 TH NLY TO SE COR OF N 25 FT OF LOT 7 TH W 100 FT TH SWLY TO A PT IN 'S LINE OF LOT 5 DIS 10 FT W FROM SE COR THEREOF TH E TO BEG. BLOCK 1 9 OLSON'S ISLAND VIEW TERRACE. • 7b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -H (SEALCOAT IMPROVEMENT PROJECT NO. 1985 -15) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1985 -15, bids were received, opened,. and tabulated by the City Clerk and Engineer, on the 18th day of July, 1985. Said bids were as follows: Bidder Bid Amount Allied Blacktop Company $ 120,767..68 Buffalo Bituminous 131,116.35 Northern Asphalt 140,323.94 WHEREAS, it appears that Allied Blacktop Company of Maple Grove, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City Y en of Brooklyn center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $120,767.68 with Allied Blacktop Company of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1985 -15 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Improvement Project No. 1985 -15 is hereby amended according to the following scheduler As Approved As Bid Contract $120,750.00 $120,767.68 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: • TO: Sy Knapp, Director of Public Works FROM: David S. Anderson, Engineering Tech IV DATE: July 19, 1985 RE: Evaluation of Bids Contract 1985 -H Sealcoat Improvement Project No. 1985 -15 Pursuant to City Council authorization, bids were received for Sealcoat Improvement Project No. 1985 -15. A review of the submitted proposals shows that the lowest responsible bid was submitted by Allied Blacktop Company of Maple Grove, Minnesota. Allied Blacktop Company has performed acceptably on the previous contract for the City of Brooklyn Center. Accordingly, it is recommended that a contract be awarded to Allied Blacktop Company of Maple Grove, Minnesota as provided on the attached resolution. Respectfully submitted, Recommended for Approval, } David id S. Anderson Sy Knapf Engineering Tech IV Director of Public Works DSA: j ri 7e) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -K (DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12, WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13 & 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14) WHEREAS, pursuant to an advertisement for bids for Improvement Project - p � ct Nos. 1985 -12, 1985 -13 & 1985 14 'bids were received , opened, and tabulated by the City Clerk and Engineer, on the 18th day Y of Jul , 1985. "Said bids were as follows: Bidder Bid Amount Hardrives, Inc. $108,634.10 Thomas & Sons 114,928.75 Alber Construction 1 n 120 , 096.00 Valley Paving 129,249.55 C.S . McCrossan Inc. 132 336.25 WH EREAS, it appears the Hardrives, Inc. of Maple Grove, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor° City Manager are hereby authorized and directed to 'enter into the attached contract, in the amount of $108,634.10 with Hardrives, Inc. of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1985 -12, 1985 13 & 1985 -14 according to the plans and specifica- tions therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. The estimated cost of Dallas Road Improvement Project No. 1985 -12 is hereby amended according to the following schedule: RESOLUTION NO. As Approved As Bid Contract $ 81,650.00 $ 66,859.55 Engineering 7,350.00 6,017.36 Administrative, Legal & Interest 3,830.00 3,519.99 TOTAL $ 92,830.00 $ 76,396.90 4. The estimated cost of Wingard Lane Street Improvement Project No. 1985 -13 is hereby amended according to the following schedule: As Approved As Bid Contract $ 18,720.00 $ 9,552.30 Engineering 1,680.00 859.71 Administrative 190.00 95.52 TOTAL $ 20,590.00 $ 10,507.53 5. The estimated cost of 65th Avenue Street Improvement Project No 1985 -14 is hereby amended according to the following schedule: As Approved As Bid Contract $ 42,960.00 $ 32,222.25 Engineering 3,870.00 2,900.00 Administrative, Legal & Interest 2,710.00 2,492.34 TOTAL $ 49,540.00 $ 37,614.59 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works FROM: Dave Anderson, Engineering Tech IV DATE: July 19, 1985 RE: Evaluation of Bids - Contract 1985 -K Dallas Road Street Improvement Project No. 1985 -12 Wingard Lane Street Improvement Project No. 1985 -13 65th Avenue North Street Improvement Project No. 1985 -14 Pursuant to City Council authorization, bids were received for the above referenced projects. A review of the submitted proposals shows that the lowest responsible bid was submitted by Hardrives, Inca of Maple Grove, Minnesota. Hardrives, Inc. has performed acceptably on previous contracts for the City of Brooklyn Center. Accordingly, it is recommended that a contract be awarded to Hardrives, Inca as provided on the attached resolution. Respectfully submitted, Recommended for approval, David S. Anderson Sy Knap Engineering Tech IV Directok of Public Works DSA : j n 7� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTATION FOR LANDSCAPING ON WINGARD LANE IMPROVEMENT PROJECT NO. 1985 -13 WHEREAS, pursuant to a request for quotations for Wingard Lane Landscaping and Turf Restoration, Improvement Project No. 1985 -13, Phase II, quotations were received, opened, and tabulated by the Director of Public Works, on the 17th day of July, 1985. Said quotations were as follows: Bidder Bid Amount Minnesota Tree, Inc. $ 1,742.47 Mickman Brothers Nurseries 1,762.00 WHEREAS, it appears that Minnesota Tree, Inc. of Eden Prairie, Minnesota, has submitted the lowest responsible quotation: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota the Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $1,742.47 with Minnesota Tree, Inc. of Eden Prairie, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1985 - 13, Phase II, according to the plans and specifications therefor and on file in the office of the City Engineer. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works FROM: Dave Anderson, Engineering Tech IV DATE: July 18, 1985 RE: Evaluation of Bids Improvement Project No. 1985 -13, Phase II Wingard Lane Landscaping and Turf Restoration Pursuant to invitation for bids for landscaping and turf restoration of Wingard Lane Improvement Project No. 1985 -13, the following bids were received. Bidder Quotation Minnesota Tree, Inc. $1,742.47 Mickman Brothers Nurseries 1,762.00 A review of the submitted proposals shows that the lowest responsible bid was submitted by Minnesota Tree, Inc. of Eden Prairie, Minnesota. Minnesota Tree, Inc. has performed work for the City of Brooklyn Center on previous contracts in a satisfactory manner. Accordingly, it is recommended that a contract be awarded to Minnesota Tree, Inc. as provided on the attached resolution. Respectfully submitted, Recommended for approval, /C. David S. Anderson Sy napp Engineering Tech IV Director of Public Works DSA:j 1 7, Member introduced the following , resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985 -18 (BITUMINOUS TRAIL CONSTRUCTION AT WEST PALMER LAKE PARK) WHEREAS, pursuant to a written contract signed with- the City of Brooklyn Center, Minnesota, Shafer Contracting Company, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1985 -18 (Bituminous Trail Construction at West Palmer Lake Park) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $ 5,650.00 $ 5,650.00 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $5,650.00. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -I (CONSTRUCTION OF WELL PUMPHOUSE #4, SOCCER FIELD LIGHTING, LANDSCAPE AND IRRIGATION SYSTEM AT - EVERGREEN FIELD) WHEREAS, pursuant to written Contract 1984 -I signed with the City of Brooklyn Center, Minnesota, D.N.R. Construction Company has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1984 -07, Phase II (Construction of Well Pumphouse #4, Soccer Field Lighting, Landscape and Irrigation System at Evergreen Field) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: As Approved Final Amount Original Contract $150,650.83 $149,417.08 2. The value of work performed is less than the original contract amount by $1,233.75 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $149,417.08. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7 � ) Member introduced the following resolution and moved its adoption: RESOLUTION RESOLUTION APPOINTING HENRY R. (BO) SPURRIER AS ALTERNATE COMMISSIONER TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, James Grube has submitted his resignation from the position of Alternate Commissioner to the Shingle Creek Watershed Commission: BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that Henry R. (Bo) Spurrier is hereby appointed to serve the unexpired term as Alternate Commissioner on the Shingle Creek Watershed Management Commission. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7/)/ Member introduced the following resolution and moved its adoption: RESOLUTION RESOLUTION APPOINTING HENRY R. (BO) SPURRIER AS ALTERNATE COMMISSIONER TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION WHEREAS, James Grube has submitted his resignation from the position of Alternate Commissioner to the West Mississippi Watershed Commission: BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn- Center, Minnesota that Henry R. (Bo) Spurrier is hereby appointed to serve the unexpired term as Alternate Commissioner on the West Mississippi Watershed Management Commission. i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd of July , 1985 at 7:30 at the City Hall, 6301 Shingle Creek Parkway, to consider amending the City Ordinance Relating to the Filing for Municipal Office. ORDINANCE NO. AN ORDINANCE AMENDING THE CITY ORDINANCE RELATING TO THE FILING FOR MUNICIPAL OFFICE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 29 -401 of the City Ordinances is hereby 'amended by deleting the [bracketed] material and adding the underlined material: Section 29 -401. FILING FOR MUNICIPAL OFFICE. At least [sixteen (16)] eighteen (18) weeks before the regular election the City Clerk shall cause to be published in the official newspaper a notice of filing for municipal office. The notice of filing shall designate the officer to be elected, the period during which affidavits of candidacy may be filed, and the time and place for filing such affidavits. Not more than [fourteen (14)] sixteen (16) weeks nor less than [twelve (12) ] fourteen (14) weeks before the regular municipal election any person who is eligible and [desiring] desires to [have his name placed on the official ballot as] become a candidate fora municipal office shall file [hi-s] an affidavit of candidacy with the City Clerk. The affidavit shall be substantially the same form as required of candidates for state offices. Upon payment of a $5 filing fee to the City Clerk the Clerk shall place the name of the candidate on the official ballot without partisan designation. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayon ATTEST: Clerk Date of Publication Effective Date • - Brackets indicate matter to be deleted, underline indicates new matter.) 1 Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION APPROVING A REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR THE EARLE BROWN FARM REDEVELOPMENT PROJECT: ESTABLISHING A REDEVELOPMENT DISTRICT; ESTABLISHING 'A REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (City) as follows: Section 1. Background 1.01. The Housing and Redevelopment Authority of Brooklyn Center (Authority) on its own initiative has prepared a redevelopment plan and program (Redevelopment Plan) for that area of the City generally known as the Earle Brown Farm Area (Project Area) in accordance with Minnesota Statutes, Sections 462.411 to 462.716 (Redevelopment Act), and has prepared a tax increment financing plan (TIF Plan) in accordance with Minnesota Statutes, Sections 273.71 to 273.78 (TIF Act). 1.02. The Redevelopment Plan and TIF Plan are contained in a document entitled "Earle Brown Farm Redevelopment Plan and Tax Increment District Plan" dated , 1985, now on file with the City Clerk. 1.03. The Redevelopment Plan and TIF Plan have been, in accordance with the Acts, referred to the City Planning Commission which b action taken June 2 Y g Y 7, 1985, has found that the Redevelopment Plan and TIF Plan conform to and are not in conflict with the general plan for the development or redevelopment of the City as a whole. 1.04. The Authority by resolution of , 1985 has approved the Redevelopment Plan and the TIF Plan for a redevelopment tax increment financing district et TIF District and referred them to this g ( ) Council for public hearing and consideration as provided by the Acts. 1.05. This Council has this date conducted the required public hearing at which the views of all interested parties were heard. Copies of the TIF Plan have been forwarded to Independent School District No. and Hennepin County as required by the TIF Act 1.06. This Council has fully reviewed the contents of the Redevelopment Plan and TIF Plan. -1- RESOLUTION NO. Section 2. Findings; Redevelopment Project 2.01. It is hereby found and determined that within the Project Area there exist conditions of economic obsolescence, physical deterioration, underutilization and inappropriate uses of land. 2.02. It is further determined that physical deterioration of buildings and structures in the Project Area is so extensive as later described herein as to meet the standards of a Redevel- opment District set forth in the TIF Act. 2.03. It is further specifically found and determined that: a) the land in the Project Area would not be made available for redevelopment without the public intervention and financial aid de- scribed in the Redevelopment Plan and TIF Plan; b) the Redevelopment Plan for the Project Area will afford maximum opportunity, consistent with the sound needs of the City a a whole, for the redevelopment of the Project Area by private enterprise; c) the Redevelopment Plan 'conforms to the general development plan of the City as set forth in the comprehensive municipal plan. 2.04. The findings in this section are made in compliance with Section 462.521, Subdivision 2 of the Redevelopment Act for the purpose of showing the City's intent to exercise, in conjunc- tion with the Authority, the powers granted to the City and the Authority by that Act in order to achieve the objectives of that Act. Section 3. Findings: Redevelopment Tax Increment Financing District 3.01. It is found and determined that it is necessary and desirable to the sound and orderly development and redevelopment of the Project Area and the City as a whole, and for the pro - tection and preservation of the public health, sa -fety, and general welfare, that the authority of the TIF Act exercised by the Authority and the City to provide public financial assis- tance to the Redevelopment Project. 3.02. It is further found and determined that the TIF District is a redevelopment district, and that the following conditions are reasonably distributed throughout the TIF Dis- trict 2 A RESOLUTION NO. a) more than 70 percent of the parcels of land in the TIF District are occupied by build- ings, streets, or utilities or other improve- ments; b) at least 20 percent of the buildings are structurally substandard; and c) an additional 30 percent of the buildings require substantial renovation or clearance in order to remove such existing conditions as inadequate street layout, incompatible land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, and other hazards to health and safety identified in the TIF Plan and Redevelopment Plan. 3.03. It is further found and determined, and it is the reasoned opinion of the Authority and this Council, that the redevelopment proposed by the Redevelopment Plan and the TIF Plan could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. 3.04. The TIP Plan conforms to the general plan of develop - ment of the City as a whole. The Planning Commission of the City has submitted its written comments to this Council to that effect. 3.05. The TIP Plan will afford maximum opportunity, consis- tent with the sound needs of the City as a whole for the redevel- opment of the TIP District by private enterprise. 3.06. The City does not elect the method of tax increment computation set forth in Section 273.76, Subdivision 3, clause (b) of the TIP Act. It is essential to the success of the TIP D and Project Area that no fiscal disparities contribution made by commercial - industrial properties within the District. TIP Section 4. Project and District Established: Certification: Filing 4.01. The Redevelopment Plan is approved. The Redevelop- ment Project is approved. The Project Area is established. 4.02. The TIF Plan is approved. The TIF District is established. 4.03. The geographic boundaries of the Project Area and the TIF District are coterminous and as described in the 3 Resolution No. Redevelopment Plan and TIF Plan which document is adopted herein by reference. 4.04. The Authority is requested to transmit a certified copy of this resolution together with a certified copy of the Redevelopment Plan and TIF Plan to the Director of Property Taxation of Hennepin County with a request that the original assessed valuation of the TIF District be certified to the Authority pursuant to Section 273.76, Subdivision 1 of the TIF Act. The Authority is further requested to file a copy of the Redevelopment Plan and TIF Plan with the Minnesota Energy and Economic Development Authority as required by the TIF Act. 4.05. This Council shall at the appropriate time and at the request of the Authority take action to issue and sell its general obligation bonds pursuant to the TIF Act to finance public redevelopment costs identified in the TIF Plan. 4.06. The Clerk is authorized and directed to transmit a certified copy of the resolution to the Authority. 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. -4- i Ill MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 11, 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman .m. George Lucht at 7 :36 g P ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairman Lucht noted that Commissioner Sandstrom had called to say that he would be unable to attend and was excused. APPROVAL OF MINUTES JUNE 27, 1985 Motion by Commissioner Manson seconded by Commissioner Malecki to approve the minutes of the June 27, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht Commissioners Malecki Manson Ainas Nelson and s. Bernar � Bernard s. against: none. Voting g o e. The motion p assed. APPLICATION NO. 85009 (Foundation Stone Ministries, Inc.) Following the Chairman's explanation,7fiere was a motion by Commissioner Malecki seconded by Commissioner Manson to remove Application No. 85009 from the table for further consideration. The motion passed unanimously. The Secretary then introduced the first item of business, a request by Foundation Stone Ministries Inc. for rezoning of the 4. acre southwest corner of 5 parcel at the s o � P L -94 and Brooklyn Boulevard from R5 to C1. The Secretary reviewed the contents of the staff report See la p ( Planning Commission Information Sheet for Application No. � PP 85009 attached). The Secretary e t hat y p d at the proposed use for the site is a church and that development plans should be submitted in the near future. The Secretary reviewed a draft resolution recommending approval of the rezoning, noting the review process and listing the reasons for the rezoning and conditions which should apply to future development. The Secretary then listed other concerns regarding the proposal that he offered for the a i Pl nn Commission's consideration. First f � o all, the Secretary suggested that an ordinance amendment may be needed to make churches special uses in the C1 zoning district. He also reiterated the concern regarding access to the site that g g s it be clearly limited to Brooklyn Boulevard. Finally, he encouraged the applicant to acquire the lots immediately south of the site along Brooklyn Boulevard in order to improve access to the site and keep it further away from the freeway. The Secretary stated that he did not think the private covenants which prohibit commercial use of those properties would prohibit a church use on those lots. Commissioner Ainas asked whether it would be possible to require the acquisition and combination of the lots to the south of the site as a condition of approval of the rezoning. The Secretary answered that he did not think the City could legally require such an acquisition. He stated that the applicant has a right to public 7 -11 -85 -1- access, even without acquiring additional lots. Chairman Lucht pointed out that if the church acquired additional land, it would also add potential for additional seats in the future. The Secretary acknowledged this possibility and added that the recommendation for acquiring additional lots to the south applied to whatever use came onto the property. Chairman Lucht commented as to the County's role in controlling access onto Brooklyn Boulevard. The Secretary stated that if the two lots to the south were acquired,an access across from France Avenue North might be allowed with no median. He noted that the church is an off -peak traffic generator that would not exacerbate traffic problems on Brooklyn Boulevard. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Mark Anderson, of Foundation Stone Ministries, Inc., declined to add anything to the staff report. PUBLIC HEARING (Application No. 85009) Chairman Lucht then reopened the public hearing on Application 85009 and asked whether anyone present wished to speak regarding the application. Mrs. Pat Johnson of 4207 66th Avenue North and Mrs. Pat Kinch of 4218 66th Avenue North presented a petition to the Planning Commission from people in the neighborhood opposing the rezoning application. They stated that their main concerns were regarding potential access from Indiana Avenue North in the future and the likelihood that people going to the church would park in their neighborhood. Chairman Lucht pointed out that the City has stated in writing, at present and in previous actions, regarding the property that no access from 66th Avenue North would be allowed. Mrs. Pat Johnson asked why the property could not be developed with single- family homes. Chairman Lucht noted the location of the property and stated that it was probably not economically feasible for a developer to develop the property with single- family homes. In response to a question from Pat Kinch regarding overflow parking, Commissioner Malecki stated that this point was 'considered at the Neighborhood Advisory Group meeting. She pointed out that the Zoning Ordinance requires parking in relation to the use in question and would control the size of the church. She also pointed out that streets in the area could be posted for no parking during church services as was done in the neighborhood around St Alphonsus Church. Chairman Lucht added that the church use is advantageous for this particular location because of the times the traffic is generated. He also stated that a church would be a better use for the property than apartments which would tend to generate traffic at peak hour periods. Mrs. Esther Jensen of 4213 66th Avenue North asked whether the City owns the access at 66th Avenue North and Indiana Avenue North. The Secretary answered in the affirmative, explaining that the area is public right -of -way. Mrs. Jensen asked what would prevent the applicant from seeking access rights from that location. The Secretary answered that the City has the same concern as the neighborhood regarding access from the west. He stated that the City controlled that access and has told developers for years that no access would be allowed from that point: The Secretary went on to say that the City wanted to limit access on Brooklyn Boulevard, but that it also wanted to prevent cut - through traffic in residential neighborhoods to commercial or other major developments. He concluded by saying that the City would look at screening and fencing and other barriers around the site to prevent access from the residential neighborhood to the west. In response to another question from Mrs. Jensen, the Secretary explained that an office use of the property might be even more interested in seeking an alternate route through the residential neighborhood since it would face more difficult problems with respect 7 -11 -85 -2 to peak hour traffic on Brooklyn Boulevard. Mrs. Jensen asked further about the right to use the public right -of -way at 66th and Indiana Avenues North. The Secretary maintained that the City ontrols the access to public streets an d can Y p make parking on a residential street a difficult proposition through enforcement of a parking ban during church services. Mrs. Jensen asked whether a fence would be erected around the church site. The Secretary stated that no plans for the development have yet been submitted, but that the staff are considering the fencing off of the site as a requirement. Chairman Lucht asked whether there would be a public hearing for the development plan. The Secretary responded that, if the church is a special use, it would require a public hearing, but not if it is a permitted use as at present in the C1 zoning district. The Secretary pointed out that there are buffer and screening requirements between C1 uses and R1 uses. Mr. Paul Holmlund of 6536 Indiana Avenue North asked two questions. He asked what uses would be allowed on the property if the rezoning were approved and the church project fell through. He also asked whether apartments would be allowed if the rezoning were approved. The Secretary answered that the uses permitted in the Cl zoning district generally include office and some service uses. He clarified that no retail or repair type uses would be allowed in the Cl zoning district. He also explained that apartments would not be allowed in the Cl zoning district, d c unless the ordinance were amended to allow a mixture of residential and commercial uses in the Cl zoning district. Chairman Lucht asked whether the C1 zoning was consistent with the Comprehensive Plan. The Secretary responded in the affirmative, saying that the plan recommends either office or mid- density residential use on the property. Mr. Holmlund asked whether it was true that it would require an ordinance change in order to build apartments on the property if it were rezoned to C1. The Secretary responded in the affirmative. CLOSE PUBLIC HEARING Chairman Lucht then asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Ainas seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Chairman Lucht stated that he wished to stress in the record the desire on the part of the City for the owner of the parcel in question to also acquire at least two residential lots immediately south of the property on Brooklyn Boulevard. The Secretary asked the applicant whether he had considered acquiring those lots. Mr. Mark Anderson stated that he had not checked into buying those houses. He stated that the plan that was being developed for the property would have enough parking on the site without � ithout those lots. He stated that the church . would not want . to pay a high price for the houses since they would not add that much land to the property. Noting the City's interest in having these lots combined with the property that the church was acquiring, he asked whether the City could offer any assistance in acquiring those houses through its eminent domain powers. Chairman Lucht stated that there is no redevelopment policy in place to guide the acquisition of such properties with City funds. He stated that the City does want a safe access church ' ccess t the c urc site an ' Y o e d is concerned with the present access to the property. Mr. Anderson stated that he would like to have a left turn in and out of the church property and would look at the possibility of acquiring the additional lots in the future. In response to a question from the Secretary regarding the access problems, Mr. Anderson stated that the church has no plans at present to ask for an extension of 66th Avenue North into their site. He added that he did not think members of the 7 -11 -85 -3- church would climb over fences in order to get to the church. A person in the audience asked what the hours of church services would be. Mr. Anderson responded that there would likely be a 10:00 a.m. and 7:00 p.m. Sunday service and possibly a Wednesday evening prayer meeting. Commissioner Manson asked about the orientation of the church building itself. Mir. Anderson stated that it would face either northeast or southwest. There followed a discussion regarding the location of the parking on the site relative to the building and the neighborhood. Commissioner Manson asked about the size of the congregation. Mr. Anderson, answered that the congregation was presently 500 members and that the new church would probably accommodate 800 'people. Chairman Lucht asked the members of the Commission whether they preferred that churches be a special use in the Cl zoning district. Commissioner Manson stated that she felt churches should be special uses in the C1 zoning district as they are in the Rl and R2 districts. Commissioner Nelson asked what would be gained by making churches special uses in the Cl zoning district. The Secretary responded that proposals for a church would have to meet the standards set forth in the Zoning Ordinance for special uses. He stated that it would allow the City to conditionalize approval of such uses in a manner reflecting the concerns of the surrounding land uses. He also stated that there were severe problems with any use on this particular parcel. Commissioner Malecki asked how thoge concerns would not be covered by the approval process if the church were a permitted use. She pointed out that office uses would present traffic problems to a greater extent than the church in terms of peak hour traffic. She noted, however, that a special use would require a public hearing. The Secretary acknowledged this and stated that it was an important factor in bringing the neighborhood into the process. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85009 (Foundation Stone Ministries, Inc.) There was a motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 85009 by the adoption of Planning Commission Resolution No. 85 -1 (attached). Voting in favor: Chairman Lucht, Commissioners_ Malecki, Manson, Ainas, Nelson and Bernards. Voting against: none. The motion passed. RESOLUTION NO. 85 -1 Member Ainas introduced the following resolution and moved its adoption; RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 85009 SUBMITTED BY FOUNDATION STONE MINISTRIES The motion for the adoption of the foregoing resolution was duly seconded by member Malecki, and upon vote being taken thereon, the following voted in favor thereof: Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Mike Nelson and Wallace Bernards; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. MOTION REQUESTING STAFF TO SEND NOTICES There was a motion by Commissioner Malecki seconded by Commissioner Nelson to direct staff to send notices regarding Planning Commission review of the development plans for the church to those people who receive notices of the rezoning._ Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Nelson and Bernards.. Voting against: none. The motion passed. 7 -11 -85 -4- There followed a discussion with Mrs. Pat Johnson regarding the procedure of notifying residents. The Secretary explained that State law sets a limit to the obligation of the City to send notices at 350 feet from the subject property. Mr. Paul Holmlund and another gentleman in the audience recommended to the Commission that it make churches a special use permit in the C1 zoning district. He stated that those in the neighborhood would like to have input into the development plans for the church as they had with the plans for the office condominium development proposed a couple of years earlier. There was a brief discussion regarding the question of making churches special uses in the C1 zoning district. MOTION TO DIRECT STAFF TO PREPARE DRAFT ORDINANCE Motion by Commissioner Ainas seconded by Commissioner Manson to direct staff to prepare a draft ordinance establishing churches as a special use in the Cl zoning district. Commissioner Manson asked how other religious uses would be classified. The Secretary stated that churches and chapels would be a special use permit, but that office religious uses would not be. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Malecki, Nelson and Bernards. The motion passed unanimously. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:40 p.m. Chairman Ii 7 -11 -85 -5- r d Member Lowell Ainas introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 85 -1 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 85009 SUBMITTED BY F.S.M., INC. WHEREAS, Application No. 85009 submitted by Foundation Stone Ministries, Inc. proposes rezoning from R5 to C1 the parcel of land at the southwest corner of I -94 and Brooklyn Boulevard, legally described as Lot 1, Block 1, Northgate Addition; and WHEREAS, the Planning Commission held a duly called public hearing on May 9, 1985, when testimony regarding the request was taken; and WHEREAS, the application was referred to the West Central Neighborhood Advisory Group which, in minutes of a meeting on June 6, 1985, recommended the rezoning; and WHEREAS, the Commission further considered the matter on July 11, 1985 in light of the Comprehensive Plan and the Guidelines for Evaluating Rezonings from Section 35 -208 of the Zoning Ordinance and took further testimony regarding the request at a duly called public hearing. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 85009 submitted by Foundation Stone Ministries, Inc. be approved in consideration of 1. The C1 zoning classification is an appropriate land use classifi- cation for the parcel in question inasmuchas it is consistent and compatible with surrounding land uses. 2. The proposed Cl zoning is consistent with the recommendations of the Comprehensive Plan, specifically with the Land Use Revisions Map which calls for mid - density residential or office development in the area of land along Brooklyn - Boulevard between 63rd Avenue North and I -94. 3. The existing R5 zoning of the property, while it would allow for uses recommended in the Comprehensive Plan, is a residential zoning district which is felt to be inappropriate at a high traffic roadway intersection. 4. The proposed rezoning of the subject property is consistent with the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City Zoning Ordinance. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Commis- sion to recommend to the City Council that rezoning Application No. 85009 be subject to the following development restrictions: 1. The median in Brooklyn Boulevard be extended southward to make access to the site right -in /right -out only. 2. A deceleration lane be added within the Brooklyn Boulevard right- of-way north of the access to the parcel. 3. No access to the site be allowed from residential streets to the west and south of the parcel. RESOLUTION NO. 85 -1 July 11, 1985 Date Chairman ATTEST: Secretary The motion for the foregoing resolution was duly seconded by member Molly Malecki, and upon a vote being taken thereon, the following voted in favor thereof: Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Mike Nelson and Wallace Bernards and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, i t r- ..Member introduced the following resolution and moved its adoption. RESOLUTION N0. RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 85009 SUBMITTED BY FOUNDATION STONE MINISTRIES, INC. WHEREAS, Application No. 85009 submitted by Foundation Stone Ministries, Inc. proposes rezoning from R5 to C1 the parcel of land at the southwest corner of I -94 and Brooklyn Boulevard, legally described as Lot 1, Block 1, Northgate Addition; and WHEREAS, the Planning Commission held a duly called public hearing on May 9, 1985, when testimony regarding the request was taken; and WHEREAS, the application was referred to the West Central Neighborhood Advisory Group which, in minutes of a meeting on June 6, 1985, recommended the rezoning; and WHEREAS, the Commission further considerd the matter on July 11, 1985 in light of the Comprehensive Plan and the Guidelines for Evaluating Rezonings from Section 35 -208 of the Zoning Ordinance and took further testimony regarding the request at a duly public q y p is hearing; and WHEREAS, the Planning Commission 9 C ssion recommended approval of Application PP PP No. 85009 by its adoption of Planning Commission Resolution No. 85 -1; and WHEREAS, the Brooklyn Center City Council considered the rezoning application at its July 22, 1985 regular meeting in light of City Ordinances and the City's Comprehensive Plan and received testimony from neighboring residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 85009 submitted by Foundation Stone Ministries, Inc. be approved in consideration of the following: 1. The Cl zoning classification is an appropriate land use classifi- cation for the parcel in question inasmuchas it is consistent and compatible with surrounding land uses. 2. The proposed C1 zoning is consistent with the recommendations of the Comprehensive Plan, specifically with the Land Use Revisions Map which calls for mid - density residential or office development in the area of Land along Brooklyn Boulevard between 63rd Avenue North and I -94. 3. The existing R5 zoning of the property, while it would allow for uses recommended in the Comprehensive Plan, is a residential zoning district which is felt to be inappropriate at a high traffic roadway intersection. 4. The proposed rezoning of the subject property is consistent with the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City Zoning rd' y g 0 inance. ,. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that rezoning Application No. 85009 be subject to the following development restrictions: 'l RESOLUTION NO. 1. The median in Brooklyn Boulevard be extended southward to make access to the site right -in /right -out only. 2. A deceleration lane be added within the Brooklyn Boulevard right- of-way north of the access to the parcel. 3. No access to the site be allowed from residential streets to the west and south of the parcel. Date Mayor f ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereuponsaid resolution was declared duly passed and adopted CITY OF BROOKLYN CENTER /01- Notice is hereby given that a public hearing will be held on the 25th day of August, 1465 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance making churches, chapels and syngogues a special use in the Cl and C2 zoning districts. Auxiliary aids are available on request. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING. CHAPTER 35 OF THE CITY ORDINANCES MAKING CHURCHES, CHAPELS_ AND SYNAGOGUES A SPECIAL USE IN THE Cl and C2 Z ONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -320. Cl SERVICE /OFFICE DISTRICT 1. Permit Uses e. Religious uses o ther t bui ldings fo c o ngr egation al a ssem bly, welfare and charitable uses, libraries and art galleries 2. Spe cial Uses C. Ch apel s, chu rches, tem ples an synag ogues, _ provided p ri ma veh icular ac cess sha b g ained to the uses by a collector ar a street. Section 2. Chapter y 35 of the Ci is further amended in .the following manner: Section 35 -322. C2 COMMERCE DISTRICT 3. Speci Use r. Chapels, churc temples and sy n ago gues, provided p rimary v ehicular access s hal l be gained to the uses by a c ollec tor or arteri street. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this ` - - - - -- day of 19 Mayor - ATTEST: C1 erk -- Date of Publication Effective Date (Underline indicates new matter, brackets indicate mattter to be deleted). Licenses to be approved by the City Council on July 22, 1985 FOOD ESTABLISHMENT LICENSE Bakers Square 5601 Xerxes Ave. N. Thrifty Scot Motel 6445 James Circle Northwest Residence 4408 69th Ave. N. Sanitarian GARBAGE AND REFUSE VEHICLE LICENSE Brooklyn Disposal, Inc. 7858 191st Ln NW Browning Ferris Industries 9813 Flying Cloud Dr. Gallagher's Service, Inc. 1691 91st Ave. NE Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE St. Alphonsus Fun Fair 7025 Halifax Ave. N. Sanitarian RENTAL DWELLING LICENSE Initial: Earle Brown Farm Apts. Part. Earle Brown Farm Apts. Savage II The Ponds Townhouses ,John Tschohl 5412 Colfax Ave. N. Logan & Jean Beisner 2808 67th Ln. Renewal: i Norman Chazin Brookdale Manor Apts. Norman Chazin k Northbroo Terrace Ap ts. Irvin & Ruth Schloff 4819 Azelia Ave. N. H. Oien, E. Sullivan 5809 Brooklyn Blvd. Norman Chazin 6037 Brooklyn Blvd. Stone Investments 5500 Bryant Ave. N. Donald L. Parkin 5624 Camden Ave. N. Michael L. Goodwin 5134 Ewing Ave. N. Jon Lindman 1600 Irving Lane Marcus Corporation 6415 James Circle Amos a g Le n v 4100 Lakebreeze Ave N LeRay & Keith Mortensen 4110 Lakebreeze Ave. N. Randy Elam 4200 Lakebreeze Ave. N. James & Shirley nderson y 4204 Lakebreeze Ave. N. James & Bobbie Simons 4210 Lakebreeze Ave. N. Norbert & Dolores Volbert 4207 Lakeside Ave. #122 Logan North Properties 5800 Logan Ave. N. Logan North Properties 5820 Logan Ave. N. Logan North Properties 5830 Logan Ave. N. Norwest Bank Mpls. 7002 Quail Circle W. J. Haugen, S. Haugen 4806 Twin Lake Ave. William Pucel 6908 -12 Unity Ave. N. Agnes Janssen 1425 55th Ave. N. Jacob & Bonita Heinonen 1107 57th Ave. N. Edward Doll 1201 57th Ave. N. Outreach Group Homes, Inc. 507 69th Ave. N. Dennis & Karen Peterson 4811 69th Ave. N. Ro- L AVt Director of Planning an ti d Inspection o SWIMMING POOL LICENSE Fun Services 3701 50th Ave. N. Q1� an�arian TAXICAB LICENSE Blue & White Cab Co. 2404 Sheridan Ave. N. P • i f of Police pp TEMPORARY ON -SALE BEER LICENSE Brooklyn Center Jaycees 1316 68th Ln. St. Alphonsus Catholic Church 7025 Halifax Ave. N. Ch f of Police r� GENERAL APPROVAL: C d Sp er, City erk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF TWO (2) CIVIL DEFENSE SIRENS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the specifications for the purchase of Two (2) Civil Defense Sirens is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the purchase of Two (2) Civil Defense Sirens in accordance with said specifications. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member a 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 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55 PROVISIONS AND SPECIFICATIONS FOR TWO (2) CIVIL DEFENSE SIRENS 1. GENERAL All bids must be received at the office of the City Clerk on or before 2 :30 p.m., August 21, 1985, and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked "Bid for Civil Defense Sirens." It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract to the best interest of the City. The Civil Defense Sirens proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. The Civil Defense Sirens the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing ake model and complete specifications of the g � P P Civil Defense Sirens the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties he must defray'all costs in connection with such a suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material and workmanship. All defective e - P v equipment shall be replaced free of h q P P e cost to e City of Brooklyn Center for a period of two years from date of delivery, and installation will have a one year warranty period. 3. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. b. Award of the contract by the City of Brooklyn Center will be based on, but not necessarily limited to, the factors of price, delivery date, parts and service, as well as analysis and comparison of specifications and performance. 5. The bidder will use attached Bid Form sheets. Any exceptions ions will be listed on a separate sheet. Alternate bids to spec _ ''T1R ma placed with full description of equipment proposed, inch -�. - :� showing coverage at outer perimeters of each siren. 6. The bidder may bid on equipment only, installation only, _- = =-i:.—ment and installation. The bidder will include name and address z_ _ 7:iL_on where service and parts are available, and if service contract _- _. - 1e after warranty period. 7. The bidder is required to submit a five percent (5%) deposit x_`, 'w aeraled bid, i in the form of a certified check or bid bond. j SPECIFICATIONS FOR CIVIL DEFENSE SIRENS CITY OF BROOKLYN CENTER, MINNESOTA Outdoor Warning Sirens shall be Elctro- mechanical type, weatherproof and durable. POWER REQUIREMENTS: Electrical power furnished for operation of the siren will be 240 volts, 3- Phase. SOUND OUTPUT: A minimum of 124 decibels at 100 feet on axis shall be produced in a broad sound pattern without reduction in peak on -axis db. The sound in motion to maximize attention attraction and coverage shall produce either ATTACK or ALERT warning signals for 3 to 5 minute intervals, to comply with FEMA Outdoor Warning Systems Guide CPG -1 -17. MECHANICAL AND CONTROLS: Sirens shall allow positive moisture drainage and protection from vandalism, birds and small animals, and means to prevent wind and weather damage. All exposed steel parts shall be either stainless steel or bonderized and painted. Controls for each siren shall be heavy -duty remote starters in weatherproof metal case with lock attachments. ACTIVATION: Siren controls are to be activated by Hennepin County Radio Activation System. Provision shall be made on siren controls for compatibility. Bidders and installers will include coordination with power company and Radio Activation System Supplier. INSTALLATION: Sirens shall be delivered to installer completely assembled and ready to be mounted on 45' poles. Installation cost to include removal of four small sirens, re- location of one 115db siren, and installation of two new sirens. If two of the four existing poles from the dismantled sirens can be used, bidder will quote removing old poles and installing at new sites, as well as removing the other two unusable poles. LOCATIONS: NEW SIRENS: 1. 5333 Brooklyn Boulevard 2. Highway 94 and 152 Intersection - Installers to view sites and consult with power company and City for pin -point location. SIREN TO BE RELOCATED: Remove existing siren from 5333 Brooklyn Boulevard and re- install at 5725 Girard Avenue North. SIRENS TO BE REMOVED: 1. 6740 Brooklyn Boulevard 2. Bellvue Park, 55th and Camden Avenues North 3. 5725 Girard Avenue North 4. 6112 France Avenue North POLES TO BE REMOVED: 1. 6740 Brooklyn Boulevard 2. Bellvue Park, 55th and Camden Avenues North 3• 6112 France Avenue North 4. 5333 Brooklyn Boulevard i Person to contact for additional information: Geralyn Barone - (612)561- 5440. Power Company Contact: Larry Benson, NSP North Division - 566 -9120, ext. 223. Radio Activation Co. Contact: Healy -Ruff - 2485 North Fairview Avenue (612)633 -7522. TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 The undersigned, being familiar with all conditions and requirements in your call for Bids for Outdoor Warning Siren System, and in full compliance with your specifications, propose to furnish: ITEM QUANTITY DESCRIPTION PRICE 1. 2 Electro- mechanical Sirens $ Manufacturer Model No. 2. 2 Remote control starters in weatherproof cases $ Manufacturer Model No. 3• 5 Removal of sirens $ 4 4 Removal of poles $ 5. 2 A Reinstallation of 2 poles previously removed to I -694 and Brooklyn Boulevard, and 5333 Brooklyn Boulevard. $ 2 B Installation of new poles $ 6. 3 Installation of new and relocated sirens and electrical connection. $ 7• 4 Trade -in of 100 db sirens $ Bid total, Items 1 and 2 only $ Bid total, Items 3, 4, 5(A),6 and 7 only $ Bid total, Items 3, 4, 5(A), 6 only $ Bid total, Items 3, 4, 5(B), 6, and 7 only $ Bid total, Items 3, 4, 5(B), and 6 only $ Bid total, Items 1 - 4, 5(A), 6, and 7 $ Bid total, Items 1 - 4, 5(B), 6, and 7 $ Bidder Address Phone Signed Title ..C, Tj dd IV JUV .n,.• '- I� --_.._ 7 _- ,e' _ = -va�sr. 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