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HomeMy WebLinkAbout1985 04-08 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 8, 1985 7:00 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 Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6.. Approval of Minutes - March 25, 1985 *7. Final Plat: a. Corner Addition -This plat provides for the subdivision of property along 63rd Avenue North at Unity Avenue North into two residential lots *8. Performance Bond Release; a. Brookdale Corporate Center, 6300 Shingle Creek Parkway 9. Resolutions: *a. Accepting Quotations and Authorizing Purchase of Fire Hose, Six Scott Air Packs, and Four Walkie- Talkies -These items are authorized for the Fire Department in the 1985 Budget. The cost of the items are at or below the budgeted amounts. b. Approving Year XI Community Development Block Grant Appropriation * c. Declaring Surplus Property -The items in this resolution are recommended for sale at the City auction to be held on April 27, 1985. *d. Recognizing the Achievement of Mary Drabik - Recognition is being given to Ms. Drabik's accomplishment of swimming 500 miles in the Community Center pool e. Accepting Bid and Approving Contract 1985 -F (Lyndale Avenue North Water Main Improvement Project No. 1985 -04 and Street Improvement Project No. 1985 -05) -It is recommended the bid of Northdale Construction Company, Inc. in the amount of $278,784.95 be accepted. f. Accepting Engineer's Report, Establishing Xerxes Avenue North Street Improvement Project No. 1985 -09 and Calling for a Public Hearing - Thereon -This project provides for the repair of cracks and bituminous overlay of Xerxes Avenue from C.S.A.H. 10 to I -94 CITY COUNCIL AGENDA -2- April 8, 1985 *g. Accepting Proposal to Clean H.V.A.C. System in Civic Center h. Authorizing Replacement of the Superintendent of Streets and Parks Position *i. Expressing Recognition of and Appreciation for the Dedicated Public Service of Henry Davis *j. Authorizing the Brooklyn Center Volunteer Fire Department to Use Two Houses in the City of Brooklyn Center for Training Purposes 10. Planning Commission Items (7:30 p.m.): a. Planning Commission Application No. 85005 submitted by Brookdale Christian Center for site and building plan and special use permit approval to construct a family life center (gymnasium, etc.) addition to the church at 6030 Xerxes Avenue North. This application was tabled by the Commission at its March 14, 1985 meeting and was recommended for approval at its March 28, 1985 meeting. 11. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Commercial Uses in Multi -story Office Buildings -The ordinance is offered for a first reading this evening and was recommended by the Planning Commission at its March 28, 1985 meeting. Acceptable accessory uses recommended in the ordinance include barber shops, book and stationery shops, candy stores, dry cleaning and laundry receiving and pickup stations with processing to be conducted elsewhere, gift shops, office supply equipment, sales, and services, telegraph or postal substations, drug stores, restaurants, cafes, or coffee shops, newsstands and pipe and tobacco shops. 12. Discussion Items: a. Recommendation from Park and Recreation Commission to City Council to proceed with feasibility study for a Municipal Par 3 Golf Course b. Request by City of Hutchinson to use a portion of Brooklyn Center's Industrial Development Revenue Bond Allocation c. Charges for 911 Automatic Location Identifier (ALI) -ALI automatically provides dispatchers with the address of a 911 caller. Hennepin County proposes to fund ALI charges from December 1982 through June 30, 1984. As per a resolution passed by the Hennepin County Board, all ALI charges after June 30, 1984 would be paid by municipalities. *13. Licenses 14. Adjournment t� MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 25, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Mr. Jim Thomson, representing the City Attorney's office, and Deputy City Clerk Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka was out of town and was excused from this evening's meeting. INVOCATION The invocation was offered b Father O'Connor of St. _A1 honsus Catholic Church. Y P 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 in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda, and noted that item 10a should be removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 85 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -D (POLICE DEPARTMENT REMODELING, PROJECT NO. 1985 - 07, PHASE I) 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, Celia Scott Bill Hawes and Rich Theis; and the followin g voted against the same: none, whereupon said resolution was declared duly passed and I� Y P adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE American Bakeries 4215 69th Ave. N. 3 -25 -85 -1- Brook Park Baptist 4801 63rd Ave. N. Brooklyn Center Community Center 6301 Shingle Cr. Pkwy: Brooklyn Center High School 6500 Humboldt Ave. N. Chuck's Q. 1505 69th Ave. N. Cross of Glory Church 5929 Brooklyn Blvd. Dayton's Brookdale Center Denne's Market 6912 Brooklyn Blvd. Duke's Standard 6501 Humboldt Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. House of Hui 6800 Humboldt Ave. N. Korean Presbryterian Church 6830 Quail Ave. N. McDonald's 5525 Xerxes Ave. N. Marc's Big Boy 5440 Brooklyn Blvd. Munch Box Snack Service 6840 -20 Shingle Cr. Pkwy. Nature Food Center Brookdale Center Northbrook Alliance Church ' 6240 Aldrich Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Orange Julius Brookdale Center St. Alphonsus Church 7025 Halifax Ave. N. Sears, Roebuck & Co. Brookdale Center Winchell's Donut House 1912 57th Ave. N. GARBAGE & REFUSE HAULER'S LICENSE Fragrance Trucking 99 NW 99th Lane ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave. N. MECHANICAL SYSTEMS LICENSE Care Air Conditioning & Heating 1211 Old Highway 8 Central Heating & Air Cond. 1971 Seneca Rd. Consolidated Plumbing & Heating 1530 E. Cliff Rd. Frank's Heating & Air Cond. 3107 California St. NE Golden Valley Heating & Air Cond. 5182 W. Broadway Hutton & Rowe, Inca 2126 2nd Ave. N. Lloyd's Sheet Metal 6659 Vicksburg Ln. Maple Grove Heating & Air Cond. 240 Central Ave. Merit H.V.C. Inc. 530 W. 70th St. Pierce Refrigeration 1920 2nd Ave. S. SBS Mechanical, Inc. 7160 Madison Ave. W. Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Stein's, Inc. 1420 W. 3rd Ave. Superior Contractors, Inc. 6121 42nd Ave. N. Fred Vogt & Co. 3260 Gorham Ave. Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE DEALERSHIP LICENSE Iten Chevrolet 6701 Brooklyn Blvd. North Star Dodge 6800 Brooklyn Blvd. PERISHABLE VENDING MACHINE LICENSE Norcroftt, Inc. Rte. 1, Box 22 Brooklyn Center High School 6500 Humboldt Ave. N. 3-25-85 -2- RENTAL DWELLING LICENSE Initial: Inves ro V Limited Partnership Unicorn Apts. P P pt . Jean Beisner 6613 Xerxes Place Renewal: Miller Management Co. Willow Lane Apts. LuAnn Falenczykowski 6000 Abbott Ave. N. Boyer Palmer 6101 Beard Ave. N C C. Hogen 5030 Brooklyn Blvd. Curtis & Audrey Cady 6915 Brooklyn Blvd Richard Olson 5818 Humboldt Ave. N. Nelson S. Gregg Co. 6715 & 6721 Humboldt Ave. N. William & Bonnie Shutte 6717 & 6719 Humboldt Ave. N. Roland Scherber 4714 Lakeview Ave. N. Len Riley 6812 Perry Ave. N. Joseph Veidel 7104 Unity Ave N. Fred Beier 5300, 04 Vincent Ave. N. Raymond & Betty Anderson 7113 Willow Lane Mrs. Robert E. Schultz 4201 Winchester Lane Robert & Patricia Bobleter 4807 Wingard Place Catherine P. Shefeluk 3018 51st Ave. N. Ron Van Kempen 3213 67th Ave. N. Riley Hinschberger 2809 67th Lane Roger Williams 2913 67th Lane Young Ho Kang 1510 69th Ave. N. SIGN HANGER'S LICENSE Lawrence Sign Company 945 Pierce Butler Rte. LeRoy Signs, Inc. 6325 Welcome Ave. N. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Universal Sign Company 1033 Thomas Ave. N. SWIMMING POOL LICENSE Brookdale Ten Apts. 53rd & Highway 100 Evergreen Park Apts. 7200 Camden Ave. N. Moorwood Townhomes 5809 Lake Curve Lane Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PRESENTATION OF PUBLIC SERVICE AWARDS Mayor Nyquist presented plaques signifying recognition of public service to members of the Human Rights Commission and Park & Recreation Commission. Mayor Nyquist and the Council expressed their gratitude and appreciation to Jackie Albright, former member of the Park &Recreation Commission, Diane Lemke and Marvin Trautwein, former members of the Human Rights Commission. Mayor Nyquist presented the plaques to all three Commission members', and also noted that the'Council is recognizing Mr. Michael Streitz of the Park & Recreation Commission who could not be present at the meeting this evening. All of the Commission members retired from their respective Commissions on December 31, 1984. 3 -25 -85 -3- APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Nyquist recommended to the Council that Ann Wallerstedt, 7001 Emerson Avenue North, be appointed to replace Dr. Duane Orn as the City's representative on the Northwest Hennepin Human Services Council Advisory Commission. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Ann Wallerstedt as the City's representative to the Northwest Hennepin Human Services Council Advisory Commission for a two year term expiring on December 31, 1986. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PRESENTATION BY MINNESOTA POLLUTION CONTROL AGENCY REPRESENTATIVES REGARDING THE CLEANUP OF JOSLYN POLE YARD SITE The City Manager introduced Mr. Bob Dullinger and Mike Convery of the Minnesota Pollution Control Agency. Mr. Convery updated the Council on the agreement with Joslyn Manufacturing regarding the cleanup of the old pole yard site. He explained the agreement is a consent order and there is an obligation on the part of Joslyn to undertake a number of tasks regarding the cleanup of water in the area, including ground water and surface water. He explained the first step would be to survey and assess the contamination in the area. He noted the consent order has certain time lines including completion g p of the investigation work b the summer of 1 8 g Y 9 5, development of a methodology to provide cleanup during the next six to nine months, and the implementation of the cleanup is to begin in the fall of 1986. He pointed out the cleanup may be accomplished sooner than that. He emphasized that the consent order sets forth a definite time schedule with financial penalties built in if the schedule is not met. He explained that Joslyn must also submit a site safety plan in conjunction with the cleanup process for both residents in the area and workers working on the cleanup. In conclusion, he stated the Minnesota Pollution Control Agency staff will keep the City staff appraised of the process and will also solicit their input during the cleanup process. Councilmember Hawes inquired if there was any dollar limit on the cleanup. Mr. Convery replied that there is no dollar limit and that the cleanup must accomplish whatever is necessary. He pointed out that Joslyn is a fairly sound company, financially speaking. Councilmember Theis inquired as to the potential extent of contamination. Mr. _ Convery replied that no limit has yet been determined but that contamination has extended east of Highway 100 into some private wells. He explained the depth of the contamination is not fully known and will be assessed by placing monitor wells in the area. Councilmember Theis then asked what the time schedule would be for remedial action. Mr. Convery replied that the elimination of contamination can take a considerable amount of time, and pointed out that pumping out the contaminated ground water to keep the contaminant from spreading is quite a slow process and may take decades. He pointed out that it took a long time to pollute the area and it will take a long time to clean up the area. Councilmember Scott inquired what would be done with the contaminated water in the area. Mr. Convery replied that the water could be treated with activated carbon, for example, then pumped back into the ground or put in the sanitary or storm sewer system. He added that he is not sure what will be done in this instance. With regard to the soil, he pointed out that movin g the contaminated soil to another site 3 -25 -85 -4- may create problems of liability at the new location. He explained one possible solution is that the soil could be treated with natural microbes to eliminate the contamination and added that this is also a long process, not taking decades but at least several years. The Mayor and Council thanked Mr. Convery and Mr. Dullinger for explaining the cleanup process to the Council this evening. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Accepting Bid and Approving Contract 1985- C (Liquor Store No. 1 Remodeling Project No. 1985 -03). He explained the contract provides for the remodeling of the former Seven Eleven building at 69th Avenue and Humboldt Avenue North for use as Municipal Liquor Store No. 1 and it is recommended the bid of Fendler Company, in the amount of $134,500 be accepted. The Director of Public Works explained that since the resolution before the Council this evening was drafted the City has closed on the building and that the words "subject to the City obtaining title and possession of the property on which this improvement is proposed to be made" in paragraph No. 1 of the resolution should be deleted from the resolution. RESOLUTION NO. 85 -46 Member Rich Theis introduced the following resolution and moved its adoption:' RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -C (LIQUOR STORE PROJECT NO. 1985 -03) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bid and Approving Contract 1985 E (Diseased Shade Tree Removal Project No. 1985 -08). RESOLUTION NO. 85 -47 Councilmember Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT '1985 -E (DISEASED SHADE TREE REMOVAL PROJECT NO. 1985 -08) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Bill Hawes. In discussion of the motion, Councilmember Theis inquired what provisions were being made to remove the diseased trees exceeding the estimated number in the contract. The Director of Public Works explained the contract requires the contractor to remove all diseased trees regardless of the total number. He explained that the specifications have been tightened regarding enforcement of tree removal and that if the trees are not taken down in time the bonding company is notified and another contractor will be used to remove the trees with the billing sent to the prime contractor.. Upon a vote being taken on the motion, the following voted in favor thereof: Dean Nyquist, Celia Scott, and Bill Hawes. The following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Rich Theis abstained from voting on the resolution. 3 -25 -85 -5- The City Manager introduced a Resolution Establishing City Hall /Community Center Landscaping Improvement Project No. 1984 -12, Phase III and Accepting Proposal for Construction Thereof. The Director of Public Works reviewed the proposed landscaping plan which included completion of landscaping areas around the City Hall and Community Center, including replanting the area around the fountain. He also explained the fountain would be replaced. He added that the landscaping provides the same general theme as the other phases in the landscaping plan with emphasis on the use of evergreens and shrubbery. RESOLUTION NO. 85 -48 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CITY HALL/COMMUNITY CENTER LANDSCAPING IMPROVEMENT PROJECT NO. 1984 -12, PHASE III AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending the Personnel Reimbursement Policy Within the Brooklyn Center Employee Position Classification Plan. He explained the item addresses a recent IRS ruling which determines that any reimbursement which exceeds 20 1/2 cents per mile will be considered an allowance rather than a reimbursement and therefore will require extensive record keeping and reporting requirements. P g q H e pointed out that by reducing the mileage allowance by 1/2 cent the City and employees can avoid the cumbersome record keeping and reporting requirements in the IRS rules. RESOLUTION NO. 85 -49 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE PERSONNEL REIMBURSEMENT POLICY WITHIN THE BROOKLYN CENTER EMPLOYEE POSITION CLASSIFICATION PLAN 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 17 of the City Ordinances Regarding the use of sick leave, and explained that the ordinance would allow employees to use a limited number of sick leave days for the care of their children and /or spouse when they are ill. He explained the ordinance is offered for a first reading. He pointed out that the ordinance does not provide an additional four days of sick leave for employees but rather allows them to use four of their existing sick leave days per year for the care of ill children or spouses. 3 -25 -85 -6- r r Councilmember Theis inquired whether this ordinance would cover the situation where a child is home sick and can't go to day care, for example, where currently employees are using vacation to stay home with their sick child. The City Manager explained that this would be one of the major situations covered by the change and that it also covers an ill spouse. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve An Ordinance Amending Chapter 17 of the City Ordinances regarding use of sick leave for a first reading and to set the public hearing date on the ordinance amendment for April 22, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:06 p.m. ORDINANCES (CONTINUED) The City Manager introduced An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1 , Corner Addition and explained the ordinance was first read at the February 25, 1985 City Council meeting, published on March 14, 1985, and is offered for a second reading this evening. The ordinance provides for the vacation of a street easement within Corner Addition as required under the conditions of final plat approval. He explained Corner Addition is located at 63rd and Unity Avenue North. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1, Corner Addition and inquired if there was anyone in the audience who wished to speak at the public hearing. No one requested to speak and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1, Corner Addition. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -05 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A STREET EASEMENT ON THE NORTH 198 FEET OF THE EAST 112 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 119 NORTH, RANGE 21 WEST The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to reflect the changes in Minnesota Statute. He explained the ordinance was first read at the February 25, 1985 City Council meeting, published on March 14, 1985, and is offered this evening for second reading. The ordinance would bring the penalty sections in City ordinances in 3 -25 -85 -7- s compliance with State Statute by prescribing a maximum fine of $700 or imprisonment for 90 days for an ordinance violation. The ordinance would stipulate that the penalty would include the costs of prosecution. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statute. He inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statute. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis inquired whether it would not be more efficient to have a penalty section which would address all ordinances rather than have the section in each individual ordinance. The City Manager explained that he has discussed this issue on several occasions with the City Attorney, and will again approach him on this issue. ORDINANCE NO. 85 -06 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same none, whereupon said ordinance was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8:15 p.m. Deputy City Clerk Mayor 3 -25 -85 -8- r TO: Sy Knapp, Director of Public Works �A FROM: Jim Grube, City Engineer DATE: April 5, 1985 RE: Final Plat Corner Addition (Planning Commission Application No. 84037) Thomas Ralph has petitioned the City to approve the referenced plat which comprehends the resubdivision of an existing single family residential lot and abutting outlot into two single family residen- tial lots The site is located in the southeast corner of the 63rd Avenue- Unity Avenue intersection, Conditions placed on the plat by the City Council at its December 17, 1984 meeting include: 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. An agreement for the payment of utility hookup charges for water and sewer shall be entered into prior to final plat approval. 4. Building permits for the proposed Lot 2 -shall not be issued until the final plat has been approved by the City Council and filed with the County. 5. A determination of the existing easement on the property shall be made and said easement shall be removed prior to final plat approval. All conditions have been met by the owner, therefore, it is recommended the City Council approve the referenced plat. JNG:jn R.T. DOC. NO. C. R. DOC.NO, CORNER ADDITION N SCALE IN FEET O DENOTES IRON MONUMENT BEARINGS SHOWN ARE ASSUMED - J L E Norfh /ne of E -1 eF W`t e/'ww.a of 9wv of SE6 of Set �7 / /9.PP/ - -- —T— /530,— N8 ° 57',le" 4/ — i a e 063RD AVENUE NORTH oa t ` (45cV— o %f o! &vgrlroms Lynnx .f)ay. 3✓ -'..ta N89 °57'76 _ 153 o? Me9•572C w 44 92 Mearu�ed //2 94 B .00 Uf.,Vy fostmenf tY Z t V . I l � � I e,l el 4455 Weas —ed V I q.. 1 Vy Jrae Mane. 9F_ .7�anl _.nogrl U /f /y Eoxnenf i ti0 u I I — 153.04— N89°57'X "W SO II •_ �.'•: — ._a_ /A.i lam.. ,•• MID "EST LAND SURVEYORS. INC. MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner DATE: April 4, 1985 SUBJECT: Performance Guarantee The following performance guarantee is recommended for release Brookdale Corporate Center 5300 Shingle Creek Parkway Planning Commission Application No. 81012 Amount of Guarantee - $15,000 Obligor - Ryan Construction Company Original guarantee of $75,000 was reduced to $15,000 on November 22, 1982. Remaining bond was held to insure permanent curb on the south side of the site or until Phase 2 of the Brookdale Corporate Center development was commenced. The second phase has begun and a new bond for $100,000 has been submitted to assure completion of site improvements in the second phase. Recommend total release. Approved b y _ - 0 j' _ RonaldA. Warren, Director of Planning and Inspection Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACCEPTING QUOTATION FOR FIRE EQUIPMENT BE IT RESOLVED that the following quotations for budgeted fire equipment be accepted and their purchase is hereby authorized: 1. Conway Fire &'Safety 3" fire hose (1,000') $4,150 2. Conway Fire & Safety 5 fire hose (1,000') $6,150 3. Fire Safety & Six (6) Scott Air Packs $5,148 Communications 4. Motorola Four (4) Walkie- Talkies $8,126 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter FROM: Brad Hoffman, Administrative Assistant - DATE: April 5, 1985 SUBJECT: Fire Equipment All of the items for the Fire Department are budgeted items. With the exception of the 3" fire hose, all items are under budgeted. The 3" fire hose was budgeted at $4 per foot and the cost is $4.15 per foot. It is an item available from one source only. qb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XI•URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the following proposed use of Community Development Block Grant funds was developed consistent with program rules. 1. Earle Brown Farm Acquisition $160,000 2. Home Rehabilitation Grant Program $ 80,240 Total $240,240 BE IT RESOLVED that the City Council of Brooklyn Center approves the proposed use of Year XI Urban Hennepin County Community Development Block Grant funds and authorizes submittal of the proposal to Hennepin County for consideration by the Citizen Advisory Committee and for inclusion in the Year XI Urban Hennepin County Community Development Block Grant Statement of Objectives and Projected Use of Funds. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Community Development Block Grant Advisory Group FROM: Brad Hoffman, Administrative Assistant 1 DATE: March 13, 1985 SUBJECT: Public Hearing We. will hold our public hearing Wednesday, April 3 at the Brooklyn Center City Hall. For Year XI, the City of Brooklyn Center will receive $240,240 in Block Grant Funds. Staff will be recommending two (2) programs. First, it is our recommendation that $160,000 be used for the acquisition of the Earle Brown Farm. Previously, we reprogrammed $520,000 in CDBG funds for this activity. We are proposing a long term loan from the City to the CDBG fund to acquire the Farm assuming CDBG continues to be funded. Second, the remaining monies ($80,240) are recommended for our Home Rehab Grant Program. I will be prepared to discuss both programs at the public hearing. Enclosed is a copy of a letter requesting funds for child care in Brooklyn Center for your consideration. I will also discuss this request with you at the public hearing. 3407 62 Avenue North Brooklyn Center, MN 55429 Mar 11 1 March 985 Mr. Brad lloffman, Administrative Assistant City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Hoffman: As Brooklyn Center's representative to the Northwest Hennepin Human Services Advisory Canrassion, I an writing to request that the city of Brooklyn Center allocate a portion of its 1985 -86 Cammuty Development Block Grant Funds for the purpose of providing sliding fee child care subsidies for low -to- moderate income working parents. The targeted population consists of Brooklyn Center residents with young children, whose gross income falls between 607. of the State Median Income .and the Section VIII HUD income eligibility cut -off guidelines by family size. Applicants must be working, or in training, or a combination, for a min-imn of 20 hours a week. This targeted population consists of those parents whose inane is just too high for them to be eligible for total Child care subsidy under Hennepin County, but far too low for then to be able to afford the full cost of licensed child care (on the average $4,500 for an infant per year, and $3,400 for a child under 30 months) If Brooklyn Center were to allocate a portion of its CDBG funds towards a child care sliding fee, it would not need to set up a new and expensive administrative structure. The subsidy for eligible Brooklyn Center residents can easily be incorporated into the already existing structure at the Greater Minneapolis Day Care Association, which allo Cates and monitors both the State Sliding Fee for people over 607 SPII County -aide, and funds designated specifically to residents of the following cities: Minneapolis, New Hope, Robbinsdale, Golden Valley, Crystal, Brooklyn Park, Plymouth, Maple Grove, and Richfi eld Center's dollars yn would go only to its residents, wit a small percentage (8 -107.), limited by HUD and Hennepin County regulations, going to cover GO'-A's administrative expenses. Quarterly reports are by regulation required from the administering agency to the finding city, and GNDCA also takes full responsibility for det ni no financial eligibility by HUD and County guidelines of the applicant fami- lies. These eligibility proofs are re- verified twice a year. Greater Minneapolis Day Care Association has been administering such funds for 10 years, and its system is audited both by HUD and by the State of Minnesota. The Greater Minneapolis Day Care Association estimates from experience that $10,000 can serve on the average 7 children for a fullyear, or more if the money is needed only as a stop-gap efore a P� P better job is secured by the parent. There are currently (as of February 10, 1985) 17 families from Brooklyn Center on the waiting list. These families are all eligible for a child care cliding fee subsidy funded by muni cipal Camnnity Development Block Grant dollars. One of the highest priorities of the Northwest Hennepin Human Services Advisory a mmssion is the needs of single - parent families. Under HUD and County regulations, a city may spend up to 157. of its Cwmnmity Development Block Grant funds on direct social services to its citizens. I am asking that the city of Brooklyn Center enter into the support of this necessary service. Sincerely yours, Z� Frances Gunberg cc Mayor Nyquist i Member introduced the following resolution and moved q(Z' its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of City property submitted by the City Clerk at the April 8, 1985 City Council meeting is hereby declared surplus property and is hereby authorized for public sale at the annual City auction to be held on April 27, 1985. 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. PROPERTY FOR AUCTION No. Description Case No 001 CB Radio 77 -09603 002 Tape Player 77- 12181 003 Costume Jewelry 77 -14776 004 Wallet 78- 01558 005 Wallet 78- 01558 006 File Box 78 -07781 007 CB Radio J78 -10960 006 Canvas Bag 78- 13139 009 Hair combs and costume jewelry J78- 15335 010 Skirt 78 -17013 Oil Skirt 78 -17013 012 handbag 78 -17213 013 Handbag 78 -17213 014 Pair gloves 78 -17213 015 Skirt J79 -01096 016 Blouse J79- 01096 017 Ilat J79- 01096 018 Blouse J79- 01096 019 Dress J79 -01096 020 Teddy J79 -01096 021 Pair Clogs J79 -01096 022 Blouse J79 -01096 02 Blouse J79 -01096 024 Shirt J79 -01096 025 Jest J79 -01096 026 Blouse J79- 01096 027 Skirt J79- 01096 028 Plastic Tray 79 -04791 029 Canvas Bag 79 -10078 030 2 Speakers 79 -14287 031 2 Speakers 79- 14287 032 Rear view Mirror 79- 14287 033 Manual Typewriter 79 -18516 034 Pair jeans 80 -02884 035 headlight 80 -03061 036 Tape case with Tapes 80 -05296 -2- 037 Tape case with Tapes 80 -05296 038 Portable radio 80 -05296 039 2 Speakers 80 -05296 040 2 Spark plugs 80- 05296' 041 Bowling ball with Bag $0- 07082 042 Camera 80 -09007 043 Flashlight 80 -09007 044 Watchband 80- 09007 045 Pump and tape measure 80 -12266 046 Ring and Pair earrings 80 -17251 047 Curling iron 80 -17914 048 Pair jeans 80 -17914 049 2 Pair scissors 80 -17914 050 FM Radio J80 -18700 051 Hunting knife 80- 19198 052 Pair mens boots 80 -19831 053 Watch J81 -03492 054 Costume jewelry J81 -18680 055 Flashlight 82 -11153 056 File box 83- 07124 057 VCR Tapes 83 -10372 058 Watch and ear plugs 83 -10372 059 Blouse 83 -11791 060 Pair slacks 83 -11791 061 Cooler 83- 15133 062 Costume jewelry 83 -18407 063 Ladies wallet 84 -01262 064 Bed ruffle 84 -01262 065 Pair socks 84 -01262 066 Plastic Baby bath tub 84 -01541 067 Ball for trailer hitch 84 -02369 068 2 Speakers 84 -02458 069 Bracket and knobs 84 -02458 070 Mans ring 84 -02944 071 Pair sunglasses 84- 03860' 072 Pair sunglasses 84- 03860 073 Flashlight 84 =03860 074 Fire Extinguisher 84 -04614 -3- 075 Flashlight 84- 05288 076 Flashlight 84 -05283 077 Key chain 84- 05662 078 hey chain 84 -05662 079 Sears Electric typewriter 84- 06379 080 Color Burst camera 84- 06379 081 Bracelet 84 -07050 082 Pair sunglasses 84 -07310 083 Pair sunglasses 84 -07310 084 Flashlight 84- 07424 085 Cooler 84- 09076 086 Wards riding lawn mower 84 -09367 087 Marantz equalizer 84 -09709 088 Manual typewriter 84 -10296 089 Video game 84 -10296 090 3 Tires and wheels (mounted) 84 -10682 091 Sleeping bag 84- 10728 092 Check protector 84 -10764 093 Spotlight 84• -11266 094 5 Tapes 84 -11280 095 Pioneer attenuator 84 -11280 096 Pioneer attenuator 84- 11280 097 wastebasket and typing paper 84 -12340 096 2 Books 84 -12340 099 Cassette tape J84- 12574 100 Pair shorts J84 -12574 101 3 Pair socks J84- 12574 102 3 Necklaces J34 -12574 103 TV set 84- 13056 104 Craftsmen lawn mower 84 -13155 105 Zenith TV set 84 -14649 106 Wheelchair 84 -15728 107 Equalizer 84 -16082 108 Cassette player 84- 16329 109 Flashlight 84 -16462 110 Money clip 84 -16468 111 Tire gauge 84 -17902 -4- 112 Orange back pack unknown 113 Flashlight unknown 114 Video tape unknown 115 Blouse unknown 116 Shorts unknown 117 Shorts unknown lla Top unknown 119 Slacks unknown 120 Umbrella unknown 121 2 watches in red zipper case unknown BICYCLES'FOR AUCTION No. Description Case No. 200 Blue Araya 26" bicycle 83- 04048 201 'White ;t,anger 26" bicycle 83 -06112 202 Red Motobecan bicycle 83 -07623 203 White boys 20 bicycle 83 -17486 204 Red bicycle frame 84 -04610 205 Black bicycle frame 84 -04610 206 Blue bicycle frame 84- 04610 207 Black bicycle frame 84- 0.4610 206 Light blue bicycle frame 84 -04610 209 Light green bicycle frame 84 -04610 210 Fork, wheels, and 10 speed crank 84- 04610 211 Blue Hiawatha 26" bicycle 84 -04907 212 Blue huffy Omni 21" bicycle 84- 07147 213 Brown AMF Roadmaster 24" bicycle 84 -07156 214 Red bicycle frame 84 -07322 215 Roadmaster bicycle frame 84 -07322 216 Huffy bicycle frame 84 -07322 217 Purple bicycle frame 84 -07322 218 Silver Ted Williams bicycle frame 84 -07322 219 Red Schwinn bicycle frame 84- 07322 220 Black bicycle frame 84 -07322 221 Pair yellow mag wheels 84 -07322 222 Wheels, handlebar and fork 84 -07322 223 Blue Hiawatha 24" bicycle 84 -07437 224 Blue Sears Free Spirit 26" bicycle 84- 08082 225 Black Huffy 22" bicycle 84 -08436 226 Chrome and red Bi41X 20" bicycle 84- 09001' 227 Blue Ryco 26" bicycle 84 -09019 228 Lime green Arctic 26" bicycle 84 -09207 229 Orange puffy bicycle 84 -09368 230 Blue Schwinn 27: bicycle 84- 09520 231 Brown huffy 26' bicycle 84- 09960 232 Red R.E. GTX -10 27" bicycle $4 -09964 233 Red Schwinn 26 bicycle 84 -11058 234 Red AIIIF Roadmaster 26" bicycle 84 -11066 235' Yellow Mark II 26" bicycle 84 -11233 -2- 236 White Huffy Thunder BMX 20" bicycle 84 -11611 237 Red Sears 26" bicycle 84- 11760 238 Tan Wards 26" bicycle 84 -12176 239 Brown /Cream Huffy 20" bicycle 84 -12468 240 Silver Raleigh 26" bicycle 84 -12668 241 Silver BMX bicycle 84- 12972 242 White Columbia 26" bicycle 84 -13176 243 Silver Sears Free Spirit bicycle 84 -13730 244 Blue Kent 26 bicycle 84- 13834 245 Red AMF Roadmaster 26" bicycle 84 -13860 246 Green Vista 26" bicycle 84 -14020 247 Black Huffy 20" bicycle 84 -14065 248 Chrome Huffy 20" bicycle 84 -14065 249 Chrome 20" boys bicycle 84 -14112 250 Brown 20" boys bicycle 84 -14113 251 Purple Hiawatha 26" bicycle 84 -14295 252 Blue AMF Roadmaster 28" bicycle 84 -14326 253 Yellow SchwinnVarsity 27" bicycle 84 -14679 254 Maroon Sears Free Spirit 27" bicycle 84 -14679 255 Red Randor 26" bicycle 84 -14834 256 Red Huffy 26" bicycle 84 -14836 257 Red Triumph 26" bicycle 84 -15606 258 Blue Sears 26" bicycle 84- 15606 259 Orange J.C.Penneys 20" bicycle 84 -15843 260 Purple Coast -to -Coast 26" bicycle 84 -1620 261 Black 26" boys bicycle 84- 16436 262 Purple AMF 26" bicycle 84 -17452 263 Blue Holiday 26" bicycle 84- 17452 264 Blue 20" dirt bike type bicycle 84 -18291 265 Red Magna 26" bicycle 84 -18523 266 Blue Hercules 24" bicycle 84 -19090 267 Black Schwinn 26" bicycle 85 -00088 268 Green Schwinn 26" bicycle 85 -00726 269 Red Murray 20" bicycle 85 -02406 PROPERTY FOR AUCTION No. Description Fixed Asset No. 275 1972 Honda Motorcycle 276 1979 Ford Thunderbird 277 1979 Ford LTD 278 1975 Honda Motorcycle 279 1979 Kawasaki Motorcycle 280 1969 Yamaha Motorcycle 281 16' Aluminum Boat and Trailer 300 Multi Lith Off -set Printing Press 301 AB Dick Offset Model 326 302 Stereo Cassette Recorder 303 Doro /701 Dictating Machine 1557 304 45" x 34 gray.metal desk with center drawer and two side drawers 560 305 45" x 34" gray metal desk with center drawer and two side drawers 562 306 60 ".x 30" gray metal. typists desk_ 1081 307 60" x 30" gray metal typists desk 500 308 AB Dick Master Conversion Model #166 340 309 Green Office Chair with arms 565 310 Green Office Chair with arams 570 311 Green Office Chair no arms 1486 312 Green Office Chair old village # 72 313 Green Office Chair with arms 1088 314 Custodians Utility Cart 1037 315 Casio Electronic Cash Register 2606 316 Magnum Raving Machine 10074 317 NCR Cash Register 1098 318 Battle Creek Health Builder 2902 319 Voltage Regulator 320 Voltage Regulator 321 8 - O a Alternator amp 1 ernator Leese Neville 322 50 amp Alternator - Leece Neville 323 30 amp Generator Voltage Regulator - Ford 324 A/C Compressor - G.M. 325 Leaf Spring _ 326 Leaf Spring 327 1/6 HP Fan Motor - Century 328 Heater Core 329 Hydraulic Hoist Pump 330 Voltage Regulator 12V 331 Carburetor - Marvil Schaver or Tillson 332 Voltage Regulator - 141845 - 12V Leece Neville 333 Mopar Alternator 334 Mopar Alternator 335 Mopar Alternator 336 Spotlight Remote Electric 337 Hydraulic Pump 338 Air Compressor 339 Drive Shaft - Dodge 340 Screw Jack 5 ton - old house jack 341 Bumper Jack 342 Bumper Jack No. Description Fixed Asset No. 343 Light - Beacon 344 Clinton Engine 4 HP - M- 430- 35028C S- 44403339 Parts Only 345 3.5 Briggs Stration M -92908 Parts only 346 South Wind - Gas Heater Model -8316 Ser. -3096 Not Used 347 Pipe Threader assorted size 348 Sears Armature Tester - M- 3408131 S -8737 349 Craftsman Air Hammer Model 756 - Replaced in 1985 budget with 5 chisel & cutters 350 3 HP Water Pump - From Grandview Park 351 Massey Ferguson Snow Blower - M -MF297 S- 1891200142 Old City Hall Blower 352 A/C Generator Tank Mounted - 1975 Chev. Nova M- TR1540 -12OF S -00518 353 1 meter stand with fulcrum and railings 354 1 meter stand with fulcrum and railings 355 Set of railings, fulcrum and steps for 3 meter stand (stand not included) 356 Microfiche Reader - Northwest Microfilm 359 357 Press bench 358 Orange Chair 359 Orange Chair 360 Orange Chair 361 Orange Chair 362 Orange Chair 363 Metal Mop Bucket and Ringer 364 Metal Mop Bucket 365 Vacuum Cleaner - Kent.,—Model KC160, Serial 9690 366 Vacuum Cleaner - _Sanitaire, Model SC699, Serial 509616 367 1970 Ford Truck 361 Engine (serial #K0572A) 368 Brother Calculator 408 2275 369 All Steel 5 drawer file 2277 370 Craic; Cassette 2278 371 Plectron Transitor FM Radio 2279 372 Plectron Transitor FM Radio 2280 373 Brother AC Adapter for Calculator 2281 374 21 metal file boxes - 72-" x 6 34," TOOLS No. Description Case No. 400 Lug wrench and bar 84 -03281 401 2 dent pullers and 1 screwdriver 80- 20217 402 Hammer 84 -07088 403 Screwdriver 84- 08833 404 2 pliers and Utility kniff 84 -06307 405 Screwdriver 84 -11497 406 2 pliers, 1 screwdriver 84 -03639 407 3 screwdrivers, 1 small pliers 84- 07578 408 Hammer, screwdriver 84- 17350 409 Screwdriver 81 -13225 410 Wrench 80 -06845 411 Tool belt 77 -15700 412 Axe 79 -13668 413 Crowbar J79 -11784 414 Gas caps J80 -18700 415 Socket set J80- 05296 416 3 screwdrivers, flashlight J78 -10960 417 Wrench J84 -02906 418 - Screwdriver, switch 78 -16582 qC1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE ACHIEVEMENT OF MARY DRABIK WHEREAS, over a three year period, Mary Drabik, 4145 Jefferson Street Northeast, Columbia Heights, Minnesota, has swam 500 miles in the Brooklyn Center Community pool; and WHEREAS, this achievement reflects the dedication, skill, and perseverance of Ms. Drabik; and WHEREAS, it is highly appropriate that the City Council recognizes her accomplishment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the achievement of Ma Drabik is recognized and Mary � she is hereby congratulated by the Brooklyn Center City Council. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -F (LYNDALE AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05) WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1985 -04 and 1985 -05, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 4th day of April, 1985. Said bids were as follows: Bidder Bid Amount Northdale Construction Co., Inc. $278,784.95* C.S. McCrossan Construction, Inc. 279,492.75 Thomas & Sons Construction, Inc. 290,046.95 Hardrives, Inc. 293,085.10 Alexander Construction Co., Inc. 297,291.29 Hayes Contractors, Inc. 303,671.25 Shafer Contracting Co. - 323,044.25 Barbarossa & Sons, Inc. 328,686.10 *Denotes Engineer's Correction Upon Extension WHEREAS, it appears that Northdale Construction Company, Inc. of Rogers, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $278,784.95 with Northdale Construction Company, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1985 -04 and 1985 -05 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. RESOLUTION NO. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project Nos. 1985 -04 and 1985 -05 are hereby amended according to the following schedule: WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 As Approved As Bid Contract Cost $60,060.00 $45,855.50 Engineering Cost 5,400.00 4,127.00 Administrative Cost 600.00 458.56 Legal Cost 600.00 458.56 Capitalized Interest 8,000.00 5,502.66 TOTAL $74,660.00 $56,402.28 STREET IMPROVEMENT PROJECT NO. 1985 -05 As Approved As Bid Contract Cost $300,570.00 $232,929.45 Engineering Cost Consultant 7,500.00 7,500.00 city 27,030.00 20,963.65 Administrative Cost 3,010.00 2,329.29 Legal Cost 2,870.00 2,329.29 Capitalized Interest 5,550.00 5,550.00 TOTAL $346,530.00 $271,601.68 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. CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: April 5, 1985 RE: Evaluation of Bids Contract 1985 -F (Lyndale Avenue Water Main and Street Improvement Projects) Pursuant to City Council authorization bids were received for the installation of water main and street reconstruction along Lyndale Avenue from 53rd Avenue North to 57th Avenue North. A review of the submitted proposals shows that the lowest responsible bid was submitted by Northdale Construction Company, Inc., a Contractor who successfully completed a contract for the installation of a lift station for the City in 1982. A summary of interviewed references is as follows: City of Eden Prairie (Maynard Grochow - Rieke, Carroll, Muller, Associates) The Contractor currently has two projects under contract with the City. The Contractor has been very cooperative with the inspectors and engineer, meeting established interim and final completion dates on existing and previous contracts. The Contractor has the equipment and manpower to undertake the work. City of Plymouth (Harlan Olson - Bonestroo, Rosene & Anderlik) The Contractor has maintained an excellent relationship with the engineer in the completion of numerous contracts in the City of Plymouth. The Contractor has met established completion dates for the various contracts awarded to him. Further review of the proposal forms shows that Northdale Construction has listed reputable subcontractors for the completion of the paving and restoration portions of the work. Accordingly, it is recommended that a contract be awarded to Northdale as provided on the attached resolution. Respectfully submitted, Recomme ded for approval, Jim Grube Sy Knapp City Engineer Director of Public Works qp Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09, AND CALLING FOR A HEARING THEREON WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of improving Xerxes Avenue North from C.S.A.H. 10 to F.A.I. 94; and WHEREAS, it is proposed to assess the benefited property lying within the following described boundary for all or a portion of the cost of said improvement, pursuant to Minnesota Statutes, Chapter 429: All commercially -zoned and R -5 zoned property within the area bordered on the West by C.S.A.H. 152, on the North by 59th Avenue, on the East by a line 500 feet Easterly of and parallel to Xerxes Avenue North, and on the South by C.S.A.H. 10 WHEREAS, the City Council deems it necessary and in the best interests of the City to initiate consideration of said improvement: 1. The City Engineer's Report is hereby accepted. 2. The following improvement is hereby established: XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09 3. The Council will consider the improvement in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $359,290.00. 4. A public hearing shall be held on the proposed improvement on the 20th day of May, 1985, in the Council Chambers of the City Hall at 8:00 P.M. local time, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. RESOLUTIONS 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 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 C ENTER ENGINEER'S REPORT Xerxes Avenue North Improvement Project No. 1985 -09 PROJECT DESCRIPTION: Street Improvement Project No. 1985 -09 PROJECT LOCATION: Xerxes Avenue North from C.S.A.H. 10 to I94 Bridge DISCUSSION: Xerxes Avenue North was intially constructed in segments from C.S.A.H. 10 to I -94 over a period of 5 years between 1961 ad 1965. An inventory of the roadway structure indicates it suffers from excessive longetudinal and transverse cracking, but remains essentially sound. Staff proposes to improve the surface by repairing the structural cracking, then constructing a bituminous overlay. The proposed surface improvement project offers an excellent opportunity to compare two existing state -of- the -art methods of crack repair: (1) complete removal /replacement.of the bituminous pavement structure in the crack area; and (2) milling of the upper two inches of the bituminous pavement in the crack area, placement of a geotextile fabric, and replacement of the bituminous paving. Staff proposes to use the geotextile fabric on the northbound surface of the divided roadway while using removal /replacement process on the southbound surface. Included in the proposed surface improvement is the replacement of cracked, settled, and deteriorated concrete curb and gutter, the reconstruction of the sidewalk pedestrian ramps to meet existing code provisions (many ramps have a "lip" which is nearly immountable by wheelchair users), and replacement of settled sidewalk panels at the Xerxes Avenue -I94 bridge approach. In addition to surface repair, staff proposes to construct a deft turn lane for northbound to westbound traffic movements at the Xerxes Avenue -59th Avenue intersection. Included in the proposal is the construction of a roadway surface taper (from the existing 22 foot width to 16 feet)- for the northbound traffic lane approach prior to the left turn lane. "Ile Same kag Mau 640" Engineer's Report Project No. 1985 -09 Page 2 Such construction will first merge traffic into one lane x after crossing the Northway Drive intersection, then provide the motorist the opportunity to select the desired lane (i.e. left turn, through, or parking). Staff also proposes to lengthen the left turn lane for northbound to westbound turns at the Xerxes Avenue - 63rd Avenue intersection, thereby increasing vehicle storage length from 85 feet to 160 feet. FINANCIAL CONSIDERATIONS It is anticipated that all costs are eligible for reimbursement from the City's regular Municipal State Aid Fund Account. However, staff recommends that special assessments be levied against the benefited commercial properties located along the southerly segment of Xerxes Avenue between C.S.A.H. 10 and 59th Avenue. Staff further recommends that the special.assessment amount be based upon the prorating of actual costs incurred for improvement of the street within the commercial segment only. The basis of this recommendation is similar to the rationale used in 1982 for the reconstruction of Xerxes Avenue between T.H. 100 and C.S.A.H. 10 - i.e. - the pavement structure should have provided at least 30 years of service before significant repair was required. In addition, a significant amount of curb and gutter must be replaced because of premature deterioration or settlement. Staff considers a 33% reduction in the related improvement costs to be equitable, leaving�67% of the costs to be levied against the commercial and R - properties bounded on the south by C.S.A.H. 10, on the north by 59th Avenue, on the west by Brooklyn Boulevard and on the east by a line 500 feet easterly of and parallel to Xerxes Avenue (i.e. - the northward extension of Northway Drive from C.S.A.H. 10). Staff recommends that special assessments be levied on an "area" basis similar to that adopted for the 1982 Xerxes Avenue improvement project - i.e. - with two assessment zones established as follows: Zone A all properties within 250 feet of Xerxes Avenue; and Zone B - all other commercially zoned and R - zoned properties within the benefited area as described. We also recommend that 75 percent-of the total assessments be levied to properties in Zone A, and the 25 percent of the total assessments be levied to properties in Zone B. Engineer's Report 40 Project No. 1985 -09 Page 3 The effect of this proposed assessment formula is summarized below: Cost of Improvement - C.S.A.H. 10 to 59th Avenue $ 46,510 City Share (33 %) 15,500 Special Assessment Share (67 %) 31,010 Zone A Rate - $0.0614 /S.F. Yields $23,260 Zone B Rate - $0.0112 /S.F. Yields 7,750 $31,010 SUMMARY A summary of the estimated costs and finances is as follows: Construction Cost $277,620 Contingency 41,640 Utility Relocations 2,500 SUBTOTAL $321,760 Engineering Cost 28,960 Administrative Cost 3,220 Legal Cost 370 Interest Cost 4,980 TOTAL $359,290 Estimated Assessable Cost $ 31,010 Proposed Unit Assessment Zone A - 0.0613 /S.F. Zone B - '0.0112 /S.F. Estimated M.S.A. reimbursement $364,930 Credit to Local M.S.A. Account (36,760) TOTAL $359,930 Attached information includes: Project Location and Assessment District Map and a Proposed Assessment Schedule. The improvement as described above is feasible under the conditions outlined and at the costs estimated. Respectfully submitted, Rec mmended for Approval m Grube '144 Sy Xnapp City Engineer Director of Public Works PROPOSED ASSESSMENT SCHEDULE FOR IMPROVEMENT PROJECT NO. 1985-09 (XERXES AVENUE NORTH) PROPERTY ZONE A ZONE A ZONE B ZONE B TOTAL OCCUPIED BY AREA (S.F.) ASSESSMENT* AREA (S.F.) ASSESSMENT* ASSESSMENT Super Value 111,065 $ 6,816.39 97,870 S 1,099.90 $ 7,916.29 F & M Bank 65,255 S 4,004.90 43,645 $ 490.49 $ 4,495.39 Brooklyn Crossing 136,598 $ 1,535.13 $ 1,535.13 Office Building Brooklyn Crossing 158,891 $ 1,785.66 S 1,785.66 Vacant Land Brooklyn Crossing 29,860 $ 335.57 $ 335.57 Vacant Land Twin City Federal 33,541 S 2,058.51 $ 2,058.51 St. Paul Book & 48,549 $ 2,979.60 11,565 $ 129.97 $ 3,109.57 Stationary Grecian Health Spa 20,436 $ 1,254.22 27,434 $ 308.31 $ 1,562.53 1st Federal S & L 66,637 $ 748.88 $ 748.88 Four Courts Apartments 100,148 $ 6,146.38 117,108 $ 1,316.09 $ 7,462.47 -- - - -- --- -- - --- - -- --- - - - ----- -- - --- - --- -- TOTAL 378,994 $ 23,260.00 689,608 $ 7,750.00 $ 31,010.00 *Estimated Unit Assessment Rates Zone A = $0.0614/S.F. 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M ..� wry wm w - ®r� ■�� sim IM • mm LIONS PARK a • • • • • • • • • : 1 • 9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO CLEAN H.V.A.C. SYSTEM IN CIVIC CENTER WHEREAS, the Director of Public Works has received proposals for the cleaning of all ducts, coils, fan blades, etc. within the H.V.A.C. system serving the City Hall /Community Center complex, said proposals being as follows: Bidder Bid Amount Groen's Vacu -Man $ 14,836.27 Metro- Cleaning Service, Inc. $ 18,467.00 WHEREAS, the proposal of Groen's Vacu- Man,, in the amount of $14,836.27 is the lowest responsible proposal received and the Director of Public Works has recommended that a contract be awarded to said firm in that amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The proposal of Groen's Vacu -Man, in the amount of $14,836.27, is hereby accepted. The City Manager is hereby authorized and directed to enter into a contract with said firm in that amount. 2. Payment for work completed under the contract shall be charged to the 1985 budget for the Government Buildings Division of the General Fund. 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 6301 SHINGLE CREEK PARKWAY BRO OKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE' 561 -5440 C ENTER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 5, 1985 RE: Cleaning H.V.A.C. System in Civic Center The 1985 budget includes a $15,000 appropriation for the cleaning of the H.V.A.C. system serving he City Hall /Community g Y / Y Center Building. This work is considered necessary because inspection of the system shows a heavy buildup of dirt, dust and debris inside the ducts, on the coils, on fan blades, etc. Evidence of this accumulation also shows at many of the grills and diffusers. In addition, this work will improve overall system performance and reduce operating costs (energy usage should be reduced between 10% and 20 %) Because this is very specialized work, and requires appropriate equipment, we have done extensive reference checks to assure that we were dealing with responsible contractors. Our search yielded only two firms whose references are consistently good. Accordingly, proposals have been received from these two firms, as follows: Groen's Vacu -Man $14,836.27 Apple Valley, Minnesota Metro Cleaning Service, Inc. $18,467.00 St. Paul, Minnesota The low bidder, Groen's Vacu -Man has agreed to complete all of the work, except the work in the swimming pool area, by June 1, 1985. They will then return during our planned "pool shut- down" (early September) to complete the work - just prior to the scheduled repainting of the ceiling over the swimming pool 1 74 56*xet&g mom 64" April 5, 1985 - G.G. Splinter Page 2 A resolution accepting the proposal of the low bidder is submitted for consideration by the City Council. Res ect fully submitted, Sy Knapp Director of Public Works SK: jn Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING REPLACEMENT OF THE SUPERINTENDENT OF STREETS AND PARKS POSITION WHEREAS, Henry Davis, Superintendent of Streets and Parks will retire under the City's Early Retirement Incentive Program effective May 31, 1985; and WHEREAS, it is the opinion of the City Council that it is necessary to appoint a replacement to this position: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City Manager is hereby authorized to appoint a replacement employee to the position of Superintendent of Streets and Parks. 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 6301 SHINGLE CREEK PARKWAY o BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 =,E6 • CENTS R TELEPHONE 561 -5440 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 5, 1985 .RE: Replacement For Henry Davis, Superintendent of Streets and Parks Henry Davis, our Superintendent of Streets and Parks, has submitted his retirement notice, effective May 31, 1985. Because this resignation is under the "Early Retirement Incentive Program ", any replacement requires City Council approval. Please be advised that I have reviewed our existing organiza- tional structure (see chart attached) and concluded that it is both effective and efficient in meeting the City's current and near- future needs. It is my opinion that our current level-of- service cannot be continued without replacing Hank with a new Superintendent. The attached resolution, granting approval to replace Hank, is. provided for consideration by the City Council. Respectfully submitted, Sy Knapj Director of Public Works SK: jn 0 Existing Orga.tion April, 1985 City Manager (Other Departments) (Other Departments) Director Public of Works Public Works Coordinator Superintendent t of City Engineer Streets & Parks , F Parks Streets and Engineering Public Building Equipment Traffic Signals Maintenance Maintenance Street Lights Utilities Maintenance 1 Supervisor 1 Supervisor 1 Engineering 1 Supervisor 1 Maintenance 10 Maintenance Tech IV 4 Maintenance Supervisor 7 Maintenance Worker II's 4 Engineering Worker II's 1 Maintenance Worker II's 1 Maintenance Tech III 2 Maintenance Custodian 2 Maintenance Worker I 1 Clerk IV Worker I's 1 Lead Custodian Worker I's 1 Service Garage 6 3 Custodians Clerk _ I 0 L 16 3 Mechanics NOTE 1 Night Service Designates direct supervisory authority Person 17 — — - -- Designates functional supervision on an assignment basis q1 # Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DAVIS WHEREAS, Henry Davis has served the City of Brooklyn Center as an employee since August 1, 1951; and WHEREAS, he is retiring from public service on May 31, 1985; and WHEREAS, as Superintendent of Streets and Parks, he was responsible for the operation and maintenance of the City's excellent street and park maintenance programs; and . WHEREAS, his accomplishments include the coordination of the Park Maintenance Division with the Street and Equipment Maintenance Division, and the construction of the Municipal Maintenance Garage; and WHEREAS, his devotion to the tasks and responsibilities as Superintendent of Streets and Parks contributed substantially to the efficiency and level -of- service of the City's public services; and WHEREAS, he served as a member of the City's Volunteer Fire Department, starting as a Charter member on September 19, 1949 and serving as Training Officer and Captain before retiring on February 15, 1968, and he has been an active member in numerous Public Works organizations; and WHEREAS, his public service and civic effort for the better - ment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that the dedicated public service of Henry Davis is recognized and appreciated by the City of Brooklyn Center and that the City wishes him a long and happy retirement. 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. - IJ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE TWO HOUSES IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES WHEREAS, the Brooklyn Center Volunteer Fire Department has requested the Brooklyn Center City Council to authorize the use of two houses within the City of Brooklyn Center for the purpose of burning for fire department training; and WHEREAS, training drills are essential to maintain the effectiveness of the Brooklyn Center Volunteer Fire Department; and WHEREAS, the Brooklyn Center Volunteer Fire Department has obtained permission from the owner for use of the houses for training; and WHEREAS, the Brooklyn Center Volunteer Fire Department has requested the Brooklyn Center City Council to authorize the use of the houses for training purposes; and WHEREAS, the subject houses are located at 407 73rd Avenue North and 6901 Lyndale Avenue North within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby authorizes the use of the houses by the Brooklyn Center Volunteer Fire Department, for training purposes. 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. /o MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 14, 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Nancy Manson at 7:33 P.M. ROLL CALL Chairman Pro tem Nancy Manson, Commissioners Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairman Pro tem Manson noted Chairman Lucht and Commissioner Malecki had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - ` February 28, 1985 Motion by Commissioner Sandstrom seconded by Commissioner Bernards to approve the minutes of the February 28, 1985 meeting as submitted. Voting in favor: Chairman Pro tem Manson, Commissioners Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 85005 (Brookdale Christian Center) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct a family life center addition to the church at 6030 Xerxes Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85005, attached). He explained that no additional parking would be installed at this time because of the existing parking available on the church property and on the school property to the north. He also explained that the family life center generally would not be used at times when the church sanctuary was occupied. He briefly reviewed the proof -of- parking plan which provides for a potential 58 additional stalls. He also pointed out the handicapped access to the main building under a proposed canopy and the handicapped access to the family life center along the south side of the building. Chairman Pro tem Manson asked the applicant whether he had anything to add. Mr. Dennis Batty, the architect for the project, stated that he would answer any questions the Commission had. There being no questions, Chairman Pro tem Manson proceeded with the public hearing. PUBLIC HEARING (Application No. 85005) Chairman Pro tern Manson then opened the meeting for public hearing and asked whether anyone present wished to comment on the application. Mr. Jim Swenson of 6000 Washburn Avenue North asked what the effect of the addition would be on the school traffic and enrollment at the school. Mr. Batty stated that the addition would not necessarily add enrollment, but would complete the facility. He stated that the addition could increase the enrollment from the present 90 to 95 students up to 150. He also explained that part of the addition would be for a new lobby. He stated that there is no parking problem at this time, that the church presently has one parking space for every two seats and that this would be increased to one stall for every three seats as a result of the addition. He noted that this will meet the City's ordinance requirements. 3 -14 -85 -1- N Mr. Clarence Renstrom of 6007 Washburn Avenue North pointed out that the church causes parking on both sides of Washburn Avenue North. He complained regarding vandalism to property in the area and a lack of supervision of the school and day care center. He also complained about the two busses and a camper that are kept in the church parking lot. He stated that there would be problems with 50 additional kids and that the value of property in the neighborhood would go down.' Mr. Donald Scanlon of 6006 Xerxes Avenue North asked whether there was anything the neighborhood could do to stop the church addition. He complained that a bigger church would devalue the property. He stated that he had moved to the suburbs to get away from the problems of traffic congestion in the City. Mr. Batty stated that the church has tried to make the addition so that it will have a minimal impact on the surrounding neighborhood. He pointed out the fact that the proposed gymnasium would be submerged somewhat below ground level so that its height would not be more than 18 feet above ground level. Mr. Scanlon asked how much land belonged to the church. Mr. Batty answered that there was a total of 8.5 acres on the church site. Mr. Scanlon asked whether the gymnasium could not be put on the north side of the church. Mr. Batty pointed out that this was the location of the church parking lot and that it would be unrealistic to detach the facility entirely from the church. He stated that most such facilities are attached and that this is a clear advantage over a detached gymnasium facility, both to the church and to the neighborhood. Mr. Swenson stated that he had not opposed the church originally, but that he had not bargained for a school to be part of the complex. Mr. Renstrom complained again regarding the kids from the school and the day care center who wander into his yard and blamed a lack of supervision for these problems. Mr. Kenneth Wong of 6006 Washburn Avenue North asked what the effect would be on Washburn Avenue. He asked whether there would be any screening of the facility and whether a buffer would be provided between the gymnasium and the residences to the south. He also asked whether Washburn would be closed off or whether it would still be used for an access to the church. Mr. Batty answered that he was not aware that there was a problem with traffic on Washburn. He also noted the distance from the gymnasium to the adjacent properties would be over 50 feet. There followed a discussion of the use of Washburn for access to the church. Mr. Wong asked whether there were plans to stop traffic from using Washburn to get to the church. The Secretary stated that such a closing off of Washburn was not comprehended in the proposed plan. He also explained that there is an extension of Washburn Avenue which is actually on the church property. The Secretary explained also that he had assumed the gymnasium addition was for the church and not for the school._ Mr. Scanlon asked whether there would be an increase in parking demand, citing the traffic while the school is on and the church is functioning, etc. Mr. Batty pointed out that the church would be building a gymnasium whether the school was in operation or not. Mr. Renstrom then discussed some of the annoyances that come from the church. Chairman Pro tem Manson asked whether the City could regulate the operation so that these concerns would be answered. The Secretary stated that conditions could be attached to the approval of the application. He discussed the problems with parking and pointed out that a barrier could be erected at the end of Washburn Avenue to prevent through traffic. Reverend Cilke of Brookdale Christian Center then spoke to those present. He took note of the problems that had been cited regarding the church. He stated that he 3 -14 -85 -2- would like to work on these problems and asked for further input from the neighbors. He stressed that the church wanted to be a good neighbor to those in the neighborhood. Mr. Swenson asked whether the gym would be open during the day and the evening. Reverend Cilke responded in the affirmative. Mr. Swenson asked whether the addition was to accommodate further growth in the church and the school. Reverend Cilke explained that the church is presently busing children to other facilities to meet recreational needs. Chairman Pro tem Manson pointed out that church gymnasiums are not unusual and that others have been approved in Brooklyn Center in the past. Commissioner Sandstrom stated that there seemed to be a lack of communication. He pointed out that the church wanted to solve the problems, but that these problems have to be brought to their attention in order to be resolved. Mrs. Renstrom of 6007 Washburn Avenue North pointed out that they would be living right next to the gymnasium. She stated that she did not like this prospect. She expressed concern that their property value would go down as a result of the gymnasium. Chairman Pro tem Manson and Commissioner Sandstrom stated that they did not feel that property value would be adversely affected to any noticeable degree. The Secretary added that he did not think that the City Assessor would lower the value of the property because of the presence of the gymnasium. Mr. Renstrom again complained about the difficulties with kids from the school and the daycare center. Chairman Pro tem Manson then related her experience of living next to an elementary school and that she did not mind it particularly. Mr. Wong suggested that screening of the gym be provided and that a barrier be put in - place if traffic is a problem. Mr. Renstrom asked what the material of the gymnasium would be. The Secretary answered that the exterior treatment would be a decorative concrete block. Mr. Swenson asked how high it would be. Mr.Batty answered that it would 18' to 19' and noted that the school is presently 24' high. Mr. Swenson asked how far the gymnasium would be from the south property line of the church property. Commissioner Manson noted that it was 81' away. The Secretary added that the minimum setback is only 10 Mr. Wong asked how far the gym would be from Washburn. Mr. Batty scaled the distance at roughly 40 There followed a discussion between the Commission and the people present as to how to deal with the application. A gentleman from Brooklyn Drive pointed out that young people in cars use the church parking lot to race around. The Secretary stated that this was, to some extent, unavoidable. The Secretary explained that the special use permit process is intended to curtail some of the things that are a nuisance with new construction while allowing development to go forward. Reverend Cilke again stated that he wanted to be a good neighbor to the people in the neighborhood and also to people who want to use the parking lot for the school and the day care center. He asked those present whether they would be able to meet at the church on Monday, March 18, at 7:00 p.m. to discuss these problems. Chairman Pro tem Manson asked the Secretary whether a tabling of the application might be useful. The Secretary responded in the affirmative and noted that such a tabling is allowed under the ordinance. Mr. Batty stated that he did not want the family life center to be delayed because of concerns that were not related to the building. Commissioner Bernards stated that he felt the concerns can be resolved and that the proposed addition was not the subject of those concerns. He noted that the proposal is a permitted use in the district. The Secretary explained that any addition to the church is also a special use in the R1 zoning district. As a special 3 -14 -85 -3- use, he explained, it is subject to certain conditions and restrictions which are intended to protect property values of neighboring property and minimize the effects of traffic. Commissioner Sandstrom stated that he did not feel the concerns really related to the building addition. Commissioner Bernards stated that a meeting between the church and the neighborhood might add to the list of conditions which would be useful in any action recommending approval. Mr. Vern Bieraugel of 6215 Brooklyn Drive pointed out that one of the concerns regarding the site is traffic and asked what could be done on Washburn Avenue North. Mrs. Wong also expressed some concerns regarding maintenance of the old parsonage at the end of Washburn Avenue North. Reverend Cilke discussed some recent improvements made to the parsonage and stated that a youth pastor would soon be occupying the parsonage. He also added that the buses would be sold soon since there would no longer be 'a need to bus children to other facilities. Commissioner Ainas stated that he did not feel the Commission had a real legal reason to deny or table the application. Mr. Wong expressed a concern regarding the possibility of construction traffic going down Washburn Avenue North. Mr. Batty stated that it could be a condition of approval that such traffic not be allowed. He also noted the existence of a fence to the south of the church and stated that the church could put in more fencing or shrubs as a condition of approval. He again pointed out that the floor level would be below grade and that this would reduce the height impact of the proposed gymnasium. CLOSE PUBLIC HEARING chairman Pro tem Manson asked whether anyone present had additional comments that had not already been made. Hearing none, she called for a motion to close the public hearing. Motion by Commissioner Bernards seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. The Planning Commission then discussed the issues surrounding the application and whether to table the application or not. Chairman Pro tem Manson stated that she felt that leaving the issues unresolved for staff to decide on would be a lack of direction to the City Council. Commissioner Sandstrom stated that he could see no reason for holding up the application. The Secretary pointed out that a recommendation to the City Council by the Planning Commission must be based on the Standards for a Special Use Permit. He reviewed these standards from the City ordinances and pointed out that impact on property values and traffic are two key concerns of these standards. Commissioner Manson stated that she did not feel the Commission would be fulfilling its duties regarding the special use permit application if it did not address further the concerns regarding standards b and d of the Standards for Special Use Permits. Commissioner Ainas stated that the remaining concerns could be left up to the staff and the City Council to resolve. MOTION TO APPROVE APPLICATION NO. 85005 (Brookdale Christian Center) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 85005 subject to the conditions in the staff report. Voting in favor: Commissioners Ainas and Sandstrom. Voting against: Chairman Pro tem Manson, and Commissioners Nelson and Bernards. The motion failed. ACTION TABLING APPLICATION NO. 85005 WITH DIRECTION TO STAFF TO MEET WITH THE APPLICANT AFTER A MEETING WITH THE NEIGHBORS. Motion by Commissioner Nelson seconder Commissioner Bernards to table Application No. 85005 with direction to staff to meet with the applicant after the meeting with the neighbors. Voting in favor: Chairman Pro tem Manson, Commissioners Nelson and Bernards. Voting against: - Commissioners Sandstrom and Ainas The motion passed. 3 -14 -85 -4- There followed a discussion with Mr. Batty regarding the action of the Planning Commission. Mr. Batty complained that the tabling was unnecessary and that the church could have brought out many people who would have been in favor of the project. The Secretary reminded the Commission of the case involving a group residential facility and the supposed need for hasty action at that time and the resulting problems. He told Mr. Batty that sometimes taking a slower approach at the beginning would smooth out problems rather than result in much longer delays later on. Mr. Batty stated that the neighbors probably wanted to close off Washburn Avenue North. The Secretary stated that he did not think this would be a great hardship for the church since it still had more than adequate access off Xerxes Avenue North. Reverend Cilke invited the staff to attend the meeting with the neighbors on Monday, March 18. He stated that he felt the church was being conciliatory toward the neighbors and was not insensitive to their feelings. Chairman Pro tem Manson added that public relations were also a function of the Planning Commission in holding public hearings and attaching conditions to approval. DISCUSSION ITEMS The Secretary briefly informed the Planning Commission that he had no material to offer them regarding the Tax Increment Plan that had been briefly discussed at the February 28 meeting. The Secretary then reviewed with the Commission a letter from Jim Thomson with the City Attorney's office regarding an ordinance to regulate residential facilities. He explained that the suggested ordinance revisions would meet the minimum requirements of the State law. He explained that up to six clients would be permitted in a facility in the R1 zoning district and that in multiple zones up to 16 would be permitted by a special use permit. He stated that his own recommendation would be that facilities in the multiple family zone with 7 to 16 clients be a permitted use rather than a special use. The Secretary added that the ordinances suggested by Mr. Thomson would not resolve the request of the Outreach Group Home in a positive way for them. (Outreach Group Homes seeks up to 8 residents in a facility in the R1 zone). The Secretary concluded by saying that the letter and draft ordinances from the City Attorney are only an introduction to the discussion and asked the Commission how they would like to deal with the possibility of allowing more than six clients in the Rl zone by a special use permit. He also noted that more than 16 could be allowed in the multiple family zone by a special use permit. Commissioner Sandstrom stated that he would like to accommodate facilities with over 6 clients in the Rl zone. The Secretary pointed out that allowing over 6 by a special use permit would always invite resistance by neighbors. He endorsed most of the ordinance changes recommended by Jim Thomson. He explained that the Standards for Special Use Permits cannot be more restrictive in relation to Group Care facilities than to other uses in the same zoning district. - Commissioner Sandstrom stated that he felt the City should accommodate more than 6 clients in the R1 zone by a special use permit. He stated that this would be better than telling people to complain to the State to have the statutory maximums increased. Commissioner Bernards asked for further review by the staff. Commissioner Nelson asked what other issues need to be looked into. The Secretary noted that one issue would be the possibility that some existing facilities which were approved for more residents than the proposal would allow might possibly become a nonconforming use. ADJOURNMENT Following further brief discussion of upcoming business, there was a motion by 3 -14 -85 -5- Commissioner Nelson seconded by Commissioner Sandstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:07 p.m. Chairman 3 -14 -85 -6- T Planning Commission Information Sheet Application No. 85005 Applicant: Brookdale Christian Center - Location: 6030 Xerxes Avenue North Request: Site and Building Plan /Special Use The applicant requests site and building plan and special use permit approval to construct a family life center (recreation center) addition to the church at 6030 Xerxes Avenue North. The property in question is zoned Rl and is bounded on the north by Brooklyn Drive, on the east by Garden City Park and the American Little League field, on the south by single - family homes, and on the west by Xerxes Avenue North. Churches are special uses in the RI zoning district. The proposed addition is to include a fellowship hall /gymnasium as 'a two - storey space on the south portion of the addition and two storeys of other space on the north, including lockers, showers, restrooms, a prayer chapel and music room on the lower level and a large classroom, restrooms and foyer area on the upper level. The addition will allow six more rows of pews to be placed in the main sanctuary. There is presently seating for 302 in the existing church. With the addition, seating capacity will rise by 151 to 453. This results in a parking requirement of 151 parking stalls. The Brookdale Christian Center wh;ch also owns and operates the private school property to the north has total parking available of 155 stalls. If the school .property were sold, additional parking would have to be provided on the church site. The applicant has submitted a proof -of- parking plan to provide 58 additional stalls on the church property, more than enough to meet the total requirement of 151 stalls. As a condition of approval, the church should be required to agree in writing to provide these additional stalls should the school property be sold and the City determines that a need for more parking exists. The proposed plan calls for no change in the access to the site. The only land- scaping improvements proposed are additional Spirea shrubs along the north side of the parking lot and on the west, between two accesses, to screen the parking lot from neighboring residential properties. A small amount of concrete curb is to be added in the parking area east of the building and to form a delineator to protect a row of parking adjacent to the north side of the building. The proposed plan provides handicapped access to the lower level recreation area via a ramp along the south side of the building. The exterior treatment of the addition is to be brick around the northerly two - storey portion and decorative concrete block around the gymnasium portion. The color of the block is to match the proposed brick. Utility service to the addition will probably come from servicesextended beyond Washburn Avenue North, east of the building. Utility hookups should be subject to a utility hookup agreement prepared by the City Engineer. Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. Y 9 P P 3 -14 -85 -1- i Application No. 85005 continued 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to to the issuance of permits to assure completion of approved site improvements. 4. Plan approval acknowledges a proof -of- parking for up to 151 parking spaces which will meet the ordinance requirement. The applicant shall agree in writing to provide up to 151 parking stalls on the Brookdale Christian Center church site, in the event that the school property to the north is sold, prior to the issuance of permits: 5. The applicant shall enter into a utility hookup agreement prepared by the City Engineer, stipulating charges for additional connections to City utilities, prior to the issuance of permits. 3 -14 -85 -2- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 28, 1985 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7 :33 p.m. ROLL Chairman George Lucht, Commissioners Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairman Lucht noted that Commissioners Malecki and Manson had called to say they would be unable to attend and were excused and that Commissioner Ainas had also called to say that he was not sure he would be able to make the meeting either. APPROVAL OF MINUTES - March 14, 1985 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the March 14, 1985 Planning Commission meeting as submitted. Voting in favor: Commissioners Sandstrom, Nelson and Bernards. Voting against: none. Not voting: Chairman Lucht. The motion passed. APPLICATION NO. 85005 (Brookdale Christian Center) Following the Chairman's explanation, there was a motion by Commissioner Bernards seconded by Commissioner Nelson to remove Application No. 85005 from the table. ` The motion passed unanimously. The Secretary then reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85005, attached). Chairman Lucht asked the applicant whether he had anything to add. The applicant stated that he would answer any questions of the Commission. The Commission had no further questions. Chairman Lucht then asked whether anyone present wished to speak on the application. Mr. Jim Swenson of 6000 Washburn Avenue North suggested that there be a sign that indicates that Washburn Avenue is a dead end and that this would perhaps discourage through traffic He noted that there is one such sign now in front of his house. He urged the City to keep that sign up. The Secretary then explained briefly the visual barrier suggested by the Director of Public Works to attempt to reduce through traffic from Washburn Avenue North. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85005 (Brookdale Christian Center) Motion by Commissioner Sandstrom seconded b Commissioner Nelson to recommend approval of Application No. 85005 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3- 28 - -85 -1- 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted, prior to the issuance of permits to assure completion of approved site improvements. 4 Plan approval acknowledges a proof -of- parking for up to 151 parking spaces which will meet the ordinance requirement. The applicant shall agree in writing, prior to the issuance of permits, to provide up to 151 parking stalls on the Brookdale Christian Center site in the event that the school property to the north is sold. 5. The applicant shall enter into a utility hookup agreement prepared by the City Engineer, stipulating charges for additional connections to City utilities, prior to the issuance of permits. 6. The garbage dumpster shall be removed from the parking lot and relocated to a more appropriate location and screened from public view. 7. If buses are to be stored on the Brookdale Christian Center site, following June of this year, the church shall propose and provide a means of screening these buses from public view. 8. The applicant shall provide a visual barrier and signery to discourage through traffic on Washburn Avenue North from proceeding through the church property. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. Mr. Dennis Batty, the architect for the project, discussed with the Commission the availability of historic structures for office space. He stated that he-was personally interested in officing in such a location. There followed a brief discussion of the Earle Brown Farm as a possible historic site for rehabilitation and use for office space. The Secretary briefed the Planning Commission regarding the Tax Increment Plan which had been briefly reviewed by the Commission at its February 28, 1985 meeting. He stated that the Earle Brown Farm Committee was looking at three basic options regarding possible acquisition of the Farm: 1. No Acquisition. 2. Acquisition and development of the Farm through a General Obligation Bond referendum. 3. Acquisition of the Farm using Tax Increment Financing. DISCUSSION ITEM a. Draft Ordinance Amendment on Accessory Commercial Uses in Multi- storey Office Buildings 3 -28 -85 -2- The Secretary then briefly reviewed a draft ordinance amendment to allow accessory shops and eating establishments within multi- storey office buildings. He recommended some changes to the draft amendment, including a square footage minimum for the building and a percent maximum of accessory uses within the building. He also discussed the possibility of limiting such accessory uses to the first floor. Chairman Lucht asked whether there would be a parking impact as a result of these accessory uses. The Secretary explained that, presumably there would be no impact, since the uses would be accessory with no outside signery. He stated that the accessory shops and eating establishments would be for the use of people already in the building and would not appeal to outside traffic. There followed further brief discussion on the type of shops that would be allowed and various ways of regulating these uses within a large office building. ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT REGARDING ACCESSORY COMMERCIAL IN MULTI - STOREY OFFICE BUILDINGS Motion by Commissioner Bernards seconded by Commissioner Nelson to recommend adoption of an ordinance amendment to allow accessory retail and eating establishments in multi- storey office buildings over 40,000 sq. ft. in area, provided they do not comprise more than 10% of the floor area in the building and provided they do not have any exterior advertising. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8,:31 p.m. Chairman 3 -28 -85 -3- Planning Commission Information Sheet Application No. 85005 Applicant: Brookdale Christian Center Location: 6030 Xerxes Avenue North Request: Site and Building Plan /Special Use The applicant requests site and building plan and special use permit approval to construct a family life center (recreation center) addition to the church at 6030 Xerxes Avenue North. The property in question is zoned R1 and is bounded on the north by Brooklyn Drive, on the east by Garden City Park and the American Little League field, on the south by single - family homes, and on the west by Xerxes Avenue North. Churches are special uses in the R1 zoning district. As you will recall this application was tabled on March 14, 1985, following the closing of the public hearing with the staff directed to report back to the Plan- ning Commission regarding the results of a neighborhood meeting proposed by Reverend Robert Cilke, Pastor of the church. (Your attention is directed to the attached Information Sheet relating to the proposal and also, to the Planning Commission minutes for March 14 involving this application.) The meeting was held at the church on Monday, March 18, 1985 and was well attended by the neighbors that had raised concerns and objections to the proposed expansion. Some of the issues raised involved the operation of the day care center, where it was noted that some children were occasionally getting into neighbors'yards and climbing on a neighbor's fence. Also, concerns were raised regarding a seeming lack of supervision of the children and inquiries as to why children played in the yard area between the church and the residences. The church's educational director was at the meeting and assured the neighbors that every effort possible would be put forth to provide better supervision. He noted that in the future the children would not be using the area between the church and the residences for play, other than the fenced in area already provided for the day care operation. He noted that other play areas or ball fields on the site would be utilized for play instead. Other concerns centered around the access at Washburn Avenue and parking on the street during church services or activities. There was much discussion regarding closing this access off, but it was noted that such an action might not substan- tially resolve traffic problems because of the day care center. The church is willing to look further at the possibility of closing or modifying this access and understands the neighbors'concerns. Reverend Cilke noted that they would discourage the congregation from using Washburn Avenue for parking purposes and access as much as possible. They also decided to provide directional signs on the site to discourage parking along the east side of the building and it was felt, that the new orientation of the building and the main access to the sanctuary would encourage a better use of the existing parking facilities on the north side of the site. I have discussed the possibility of closing Washburn Avenue further with the Director of Public Works. He has suggested that some visual rather than physical barrier at the entrance point might discourage some traffic along with some'advisory signery. Regarding other issues, the church has agreed to provide some additional land- scaping along the south side of the building. Spirea will be placed along the south access ramp to the gymnasium and Ash trees are proposed to provide a visual break as well. Screening from the residential area was discussed as well. Most neighbors did not want to see a fence erected as a screening device, however, a "step -down screening fence" between the old parsonage and the neighboring property at 6006 Washburn Avenue is proposed and indicated on the site plan. 3 -28 -85 -1- Application No. 85005 The church has also indicated that they intend to get out of the transportation business by June of this year and will be getting rid of their buses, therefore, the concerns regarding the outside storage of these buses should be addressed at that time. All in all, I feel the meeting was very productive, giving neighbors the opportunity to voice concerns that they have had and also, the opportunity for the church to respond to those concerns. One additional item not discussed at the neighborhood meeting, nor a part of the previous Planning Commission report, is that there is an unscreened trash dumpster in the parking area which should be relocated and screened from public view. Approval of this application is recommended subject to at least the following conditions: 1. Building plans are -subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Plan approval acknowledges a proof -of- parking for up to 151 parking spaces which will meet the ordinance requirement. The applicant shall agree in writing, prior to the issuance of permits, to provide up to 151 parking stalls on the Brookdale Christian Center site in the event that the school property to the north is Sold. 5. The applicant shall enter into a utility hookup agreement prepared by the City Engineer, stipulating charges for additional connect - ions to City utilities, prior to the issuance of permits. 6. The garbage dumpster shall be removed from the parking lot and relocated to a more appropriate location and screened from public view. 7. If buses are to be stored on the Brookdale Christian Center site, following June of this year, the church shall propose and provide a means of screening these buses from public view. 3 -28 -85 -2- Aq CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 6th day of May, 1985 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding accessory commercial uses in multi- storey office buildings. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINA14CES REGARDING ACCESSORY COMMERCIAL USES IN MULTI - STOREY OFFICE BUILDINGS 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. C1 SERVICE /OFFICE DISTRICT 1. Permitted Uses. s. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include, but not restricted to the following: 4. Retail food shops, gift shops, book and stationery shops, tobacco shops, accessory eating establishments, sale and service of office supply equipment, newstands and similar accessory retail shops within multi - storey office buildings over J40,000 sq. ft. in gross floor area, provided: that there is no associated signory visible from the exterior of the building; there is no carry -out or delivery of food from the lot; and the total floor area of all such shops within a building shall not exceed 10% of the total gross floor area of the building. Section 2. Chapter 35 is further amended in the following manner Section 35 -900. DEFINITIONS. The language set forth in the text of this zoning ordinance shall be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in the singular include the plural and the plural includes the singular. Accessory eating establishment - An establishment within a multi - storey office building or apartment building where food is prepared, sold, and consumed by clients who work or live within the same building or within a complex of which the building is a part. Such establishments do not appeal through signery or other advertising to the general up blic. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NU. Adopted this day of 1985. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspection •Ot.LU DATE: April 4, 1985 SUBJECT: Ordinance Amending Chapter 35 Regarding Accessory Commercial Uses in Multi - storey Office Buildings On the April 8, 1985 City Council agenda is a recommended ordinance amendment which would allow accessory eating establishments and other accessory retail operations to be considered permitted uses in multi - storey office buildings. This ordinance amendment was reviewed and recommended by the Planning Commission on March 28, 1985. We have received a request to establish a sandwich shop or lunch counter at the Brookdale Corporate Center office building, 6300 Shingle Creek Parkway. This convenience eating establishment's primary function is to provide food service for tenants in the complex. You may recall that this concept was briefly dis- cussed during the preliminary review of the building plans for Phases I and II of the Brookdale Corporate Center, but was not totally consistent with the Zoning Ordinance and, therefore, was not pursued by the applicant at that time. The City's Comprehensive Plan, which was adopted after the Brookdale Corporate Center approval, recognized a need for an ordinance change which would allow facilities like the one being proposed to be considered accessory uses located within large office buildings (see attached copy from Comprehensive Plan). For these facilities to be considered accessory, their primary purpose would'be to provide convenience goods and /or services for office area occupants and their visitors. As accessory uses they could be allowed in service /office zoning districts even though the retail nature of some of these facilities is not comprehended in these service /office zoning districts nor is the retail parking formula applied to these buildings. The recommended ordinance is, therefore, in response to both the request and the Comprehensive Plan recommendation. The effect of the ordinance would all ow the uses listed, as well as similar uses, to be classified as accessory uses and be located within multi- storey office buildings (two or more stories in height) over 40,000 sq. ft. in area in the Cl, CIA, C2 and I -1 zoning districts without additional parking being provided at a higher parking ratio. These accessory uses would be prohibited from having any signs visible from the exterior of the building in which they are located. Also, no more than 10% of the floor area of the building could be utilized for these accessory uses to insure that an office building will not become a large retail area full of small shops and restaurants. I believe the key to determining whether proposed uses are accessory or principal Uses in these situations is the prohibition against -signs for the operation being visible from the exterior of the building. If the uses are truly accessory, they will not need to attract clientele from areas other than the building or complex of buildings and, therefore, have no need for any outside signs. If these operations, on the other hand, must attract clientele from other areas to be successful then they are not truly accessory, but principal uses and all Zoning Ordinance provisions, such as being comprehended in a zoning district and providing parking at the required parking formula, would have to be met. r Memo Page 2 April 4, 1985 With the establishment of these provisions, it is believed that these kinds of uses can be appropriately allowed within large multi- storey office buildings in a limited manner to provide perhaps needed services to office building tenants without causing serious parking, traffic congestion and other zoning concerns and still be consistent with our zoning concepts. mlg • • In Section 35 -900 add the following definition:.. Convenience -Food Restaurant: An establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready -to -eat state for consumption either within the premises or for carry -out with consumption either on or off the premises, and whose design or principal method of operation includes both of the following characteristics: 1. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2. The customer is not served food at his /her table by an employee but receives it at a counter, window, or similar facility for carrying to another location on or off the premises for con - sumption. • Any references to "drive -in eating establishment" should be revised to "convenience -food restaurant" so as to be consistent with and covered by the above definition. • Section 35- 320 -1 -S should be deleted and a new subsection added as follows: 2. Accessory Uses Within office buildings having either a gross floor area of 40,000 or more square feet or at least 200 full -time office emplyees, a limited amount of ground floor area may be used for facilities providing convenience goods and /or services for the office area occupants and their visitors. These uses shall be termed "accessory" and shall include those listed below and any other uses whose primary function shall be to supply needed convenience goods and /or services for the office building occu- pants. The total net floor area shall not exceed 10% of the gross floor area of the building. Acceptable Accessory Uses: (1) Barber shops (2) Book and stationary shops (3) Candy stores (4) Dry cleaning and laundry receiving and pick -up stations, with processing to be conducted elsewhere (5) Gift shops (6) Office supply equipment, sales, and service (7) Telegraph or postal substations (8) Drug stores (9) Restaurants, cafes, or coffee shops (10) Newsstands (11) Pipe and tobacco shops. (612) 587 -5151 JVHUTC TCHINSON, CITY CF HUTCHINS ®N W, 6/ IINGTON AVENUE WEST MINN. 55350 March 28, 1985 Mr. Gerald Splinter City Manager 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Need for Industrial Revenue Bond (IRB) Financing - City of Hutchinson Dear Mr. Splinter: The City of Hutchinson will be exceeding its IRB entitlement. Specifically, the City of Hutchinson has an allocation of $2,512,000, and we are already exceeding this figure by $163,000; based on "inducement" resolutions already approved and another scheduled for April 23, 1985. The City of Hutchinson requests consideration by the Brooklyn Center City Council for assistance in utilizing a portion of your community's entitlement. The City appears to have an immediate need for $163,000, plus an additional $1,200,000 within the next couple months for another anticipated project. In terms of priorities to any other communities requesting similar allotment throughout the state, please place the City of Hutchinson at the top of your list. We would be very grateful if you would inform your City Council of this request, therefore providing the opportunity for discussion. The Hutchinson City Council is anticipated to vote on the IRB inducement resolution on April 23, 1985, which would push the city over the limit by $163,000. Could you please write or contact me by phone (612) 587 - 5151 before April 23, 1985, regarding this matter. Sincerely, CITY OF HUTCHINSON /() Gary D. otz City Administrator GDP /kl MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police, J-1 DATE: April 2, 1985 SUBJECT: 911 ALI Charges I would like to recommend that the City agree with Hennepin County's Resolution Number 85 -3 -94 R2 regarding charges for the 911 Automatic Location Identifier (ALI). The City as used this service since December Y ece ber of 1982, and there had been some discrepancy over which agency would be responsible for payment of this service. The purpose of the ALI is to provide the Police Department's dispatcher with the address of each 911 caller. This information is invaluable when a caller does not respond to a dispatcher's questioning or does not answer the phone when a dispatcher places a return call. (The Automatic Number Identifier (ANI) provides the dispatcher with the telephone number of the 911 caller.) A squad can be sent to the identified address to determine the specific problem. A recent example of the usefulness of the ALI occurred when a homeowner knew a burglar was in the house, so the owner removed the phone's receiver, dialed 911, but did not talk. Because the dispatcher did not receive a response from the caller, officers were dispatched to the location. The resolution passed by the Hennepin County Commissioners would require Hennepin County to absorb charges for the ALI from December 1, 1982 - through June 30, 1984; the City would be responsible for all charges thereafter. Below is an analysis of the outstanding charges. 12 -01 -82 through 12 -31 -83 $2717.00* 01 -01 -84 through 06 -30 -84 1311.17 SUBTOTAL - COUNTY SHARE $4028.17 07 -01 -84 through 12 -31 -84 1312.14 01 -01 -85 through 03 -31 -85 656.07 SUBTOTAL - CITY SHARE 1968.21 TOTAL ALI CHARGES $5996.38 *Amount encumbered. In addition to the funds encumbered from.1982 and 1983, the 1985 Police Department budget allows $288.00 month for these charges. Please be advised that these funds combined will sufficiently cover the amount due from the City. Therefore, I recommend the City agree with the County's resolution regarding this matter. OFFICE OF THE ADMINISTRATOR G. A -2300 Government Center HENNEPIN Minneapolis, Minnesota 55487 ry March 26, 1985 Mr. Gerald G. Splinter Brooklyn Center City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: On March 14, the Hennepin County Board of Commissioners approved a reso- lution to pay 911 ALI arrearages through June 30, 1984. The,resolution requires that as a condition of payment the individual municipalities must agree to accept the responsibility for 911 ALI charges from that date on. The resolution also is time limited to-June 30, 1985. The arrearage for the City of Brooklyn Center as of June 30, 1984 is $4,028.17. Enclosed is a copy of the resolution and a recommended agree- ment to be signed accepting the responsibility for ALI charges from July 1, 1984. Should you have any questions regarding the settlement of this issue, please contact me at 348 -7574. incerely, C D l a � �e L A. Ackmann` County Administrator kos cc Bill Koniarski, Chairman, Metropolitan 911 Telephone Board Dick Moon, Northwestern Bell HENNEPIN COUNTY an equal opportunity employer RESOLUTION NO. 85 -3 -94 R2 The following resolution was offered by Commissioner Robb, seconded by Commissioner Johnson: WHEREAS, the emergency 911 system and its lifesaving capabilities is of great value to the citizens of Hennepin County, and WHEREAS, the automatic location feature of 911 has considerably enhanced that lifesaving capability, and WHEREAS, the municipalities operating the public safety answering points and the County have been in disagreement as to the financial responsibility for the automatic location feature. BE IT RESOLVED, that Hennepin County will pay Automatic Location Identi- fication (ALI) costs through June 30, 1984 for those municipalities which agree to accept financial responsibility for all ALI costs from that date forward, and provided further that this offer shall remain firm until June 30, 1985. BE IT FURTHER RESOLVED, that the appropriate amount be transferred from Contingency to the Information Services Department for payment of ALI costs upon receipt of written agreements from the individual municipalities and that the Controller be authorized to disburse funds. The question was on the adoption of the resolution and there were Seven YEAS and No NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Randy Johnson X John Keefe X John E. Derus X E. F. Robb, Jr. X Sam S. Sivanich X Mark, Andrew X Jeff Spartz, Chairman X RESOLUTION ADOPTED. ATTEST: -� ,(_ Clerk of /the Count Bc}arc Licenses to be approved by the City Council on April 8, 1985 /J FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. � ridgeman's 6201 Brooklyn Blvd. rookdale Cinema 5801 John Martin Dr. Brooks Superette 6804 Humboldt Ave. N. Burger King 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. Country Store 3610 63rd Ave. N. Ground Round Restaurant 2545 County Rd. 10 Holiday Inn 1501 Freeway Blvd. Jerry's Super Valu 5801 Xerxes Ave. N. Lutheran Church of the Master 1200 69th Ave. N. Movies at Brookdale Square 5800 Shingle Cr. Pkwy. Nankin Express 5532 Brooklyn Blvd. Scoreboard Pizza 6816 Humboldt Ave. N. Super America 6545 W. River Rd. Super America 1901 57th Ave. N. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. Sanitarian MECHANICAL SYSTEMS LICENSE Air Comfort, Inc. 3944 Louisiana Circle All Season Comfort, Inc. 55 Mound Ave. Allan Heating & Air Cond. 6020 Culligan Way Blaine Heating, Air Cond. & Elec. 13562 Central Ave. NE Centraire, Inc. 7402 Washington Ave. S. Conservenergy Systems, Inc. 6505 Taft St. * gan & Sons Co. 7100 Medicine Lake Rd. Environ-Con., Inc. Box 1351, St. Cloud Furnace Care Inc. 8733 Humboldt Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. Horwitz Mechanical, Inc. 5000 N. County Rd. 18 Lanars Plumbing & Heating 6945 Queen St. Marsh Heating & Air Cond. 6248 Lakeland Ave. N. Modern Heating & Air Cond. 2318 First St. NE Noel's Heating & Air Cond. 6900 75th Ave. N. Owens Service Corporation 930 E. 80th St. Riccar Heating 3095 162nd Ln. NW Rouse Mechanical, Inc. 11348 K -Tel Dr. Royalton Heating & Cooling Co. 4120 85th Ave. N. Standard Heating & Air Cond. 410 W. Lake St. Suburban Heating & Air Cond. 2050 Whitebear Ave. Thompson Air Conditioning 5115 Hanson Court United Burner Service Inc. 7909 30th Ave. N. Walden Energy Systems 5250 Lyndale Ave. N. Ray Welter Heating Co. 4637 Chicago Ave. Ru Official MOTOR VEHICLE DEALERSHIP - CLASS A ` , -� r - Brookdale Pontiac 6801 Brooklyn Blvd. ((((``` _ W City Clerk • y �. PERISHABLE VENDING MACHINE LICENSE Budgetel Inn 6415 James Circle C Sanitarian 10SIGN HANGER'S LICENSE Sign Service, Inc. 1016 North 5th St. (U ty--J' ft - k Buildldg Official, SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. N. European Health Spas 2920 County Rd. 10 Garden City Court Apts. 3407 65th Ave. N. Holiday Inn 1501 Freeway Blvd. S Zf Sanitarian GENERAL APPROVAL: er 1 G. inter, City Clerk