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HomeMy WebLinkAbout1984 11-05 CCP Regular Session i CITY COUNCIL AGENDA CITY OF EROOKLYN CENTER NOVEr'ZER 5, 1984 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 - October 1, 1984 7.- Presentation of Resolution of Appreciation and Recognition to Phyllis Plummer 8. Final Plat: Brooklyn`Mobil -This item provides for the combination of two parcels located in the southwest corner of 69th Avenue North and Brooklyn Boulevard for the redevelopment of a gas station. 9. Resolutions: *a. Approving Specifications and Authorizing Advertisement for Bids for Police Patrol Sedans -The police patrol sedans are authorized by the 1985 Budget. *b. Approving Specifications and Authorizing Advertisement for Bids for Copying Machine -This item is authorized by the 1985 Budget. *c. Accepting Work under Contract 1984 -G (Central Park Tennis Court Improvement Project No. 1983 -12, Phase II) -This contract provided for the paving of the Central Park Tennis Courts. *d. Establishing Parking Restrictions for Lyndale Avenue North between 53rd Avenue North and 57th Avenue North *e. Authorizing Employment of Maintenance Worker within the Public Utility Division V. Amending the 1984 General Fund Budget -This item provides for the purchase of a telecommunications device for the deaf. Chapter 471 of the Vinnesota Statutes requires that every city of the first, second and third class have a TDD machine located at their city hall. CITY COUNCIL AGENDA -2- November 5, 1984 10. Public Hearing (7:30 p.m.) -This item is a continuation of a public hearing on the Earle Brown Farm Apartments Multifamily Housing Bond. The public hearing was opened at the October 24, 1984 City Council meeting and was continued to this evening's meeting at the request of the applicant. 11. Planning Commission Items (7:45 p.m.) a. Planning Commission Application No. 84035 submitted by Lombard Properties for extended special use permit approval granted under Application No. 83045 for the construction of a 13 -story hotel on the parcel of land located north of Freeway Boulevard and west of Shingle Creek. The Planning Commission recommended approval of Application No. 84035 at its October 25, 1984 meeting. 12. Ordinances: (Public Hearing 8:00 p.m.) a. An Ordinance Amending Chapter 23 of the City Ordinances Relating to Amusement Devices -This ordinance was approved for first reading at the October 1, 1984 City Council meeting, published in the City's official newspaper on October 11, 1984 and is recommended this evening for a second reading. The ordinance amendment was initiated by a request from ShowBiz Pizza to amend the City Ordinance to allow prizes to be awarded for skeeball. 13. Authorization for Mayor and City Manager to enter into an agreement with Howe, Inc. for stairwell modification in the office area at the Howe site. 14. Discussion Items: a. Extension of Lease Agreement for Northbrook Liquor Store b. Staff Report on Brookdale Substation c Staff Report on Cable Television 15. Consideration of Specified License Taxicab License for Suburban Yellow Taxi 16. Licenses 17. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MiINNESOTA REGULAR SESSION OCTOBER 1, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Brad Hoffman. Mayor Nyquist noted that Councilmember Lhotka would be absent from this evening's' meeting. INVOCATION The invocation was offered by Councilmember Celia Scott. OPEN FORUM Mayor Nyquist noted that the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who'wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items be removed from the Consent Agenda. There were none. APPROVAL OF MINUTES - SPECIAL SESSION, SEPTEMBER 17, 1984 There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the City Council meeting of September 17, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. "Voting against: none. The motion passed. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR United Artists Theater 5810 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Comfort Heating & Air Conditioning 4721 33rd Ave N. PRIVATE KENNEL LICENSE Jesse Sandoval 5548 Logan Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 10 -1 -84 -1- APPOINTMENT OF ELECTION JUDGES FOR THE NOVEMBER 6, 1984 GENERAL ELECTION There was a motion by Counci�mber Scott and seconded by Counc mem�er�lawes to approve the appointment of election judges for the November 6, 1984 general election as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. NORTHWEST HUMAN SERVICES PRESENTATION Mayor Nyquist recognized Eileen Moran and Cindy Whelan from Northwest Human Services who were present to discuss a recent survey by the their group. Eileen 'Moran reviewed the survey conducted by the Northwest Human Services noting that the survey was based on the perceptions of the individuals surveyed. She noted that 1.1% of all households in Brooklyn Center were surveyed. Following the presentation, Councilmember Theis inquired as to the time of day that the survey was conducted. Eileen Moran indicated that the survey was conducted between 6:30 and 9:30 in the evening. _ RESOLUTIONS RESOLUTION NO. 84 -156 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1985 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. RESOLUTION NO. 84 -157 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SHINGLE CREEK TRAILWAY LANDSCAPING PROJECT NO. 1984 -15 AND ACCEPTING PROPOSALS FOR CONSTRUCTION THEREOF 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 23 of the City Ordinances Regarding Amusement Devices. The ordinance's first reading was initiated, by request from Showbiz Pizza to amend the City ordinance to allow prizes to be awarded for skeeball . The City Manager noted that the public hearing would be held November 5, 1984 and not in October. Mayor Nyquist inquired if the City Attorney had the opportunity to review the proposed ordinance amendment. The City Attorney indicated that he had. A brief discussion then ensued relative to the value of prizes to be awarded as established by the ordinance. It is noted by staff that the price to be set was arbitrary and subject to the decision of City Council. 10 -1 -84 -2- r Councilmember Scott indicated that she would like to see the price reduced to $1. Councilmember Hawes indicated that the price should reflect either the wholesale or retail price. The City Attorney indicated that he preferred that the $1 figure be included in the ordinance in order to enforce the ordinance. The owner of Showbiz Pizza addressed the Council and indicated that he was of the opinion that the wholesale price should be used because it would be easier to enforce. He indicated that retail prices are not uniform throughout the market place and, thus, would be hard to enforce There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for the first reading of the ordinance subject to reduction of value of prices to $1 wholesale value and that prizes not be awarded in lieu of free games. Voting in favor:' Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none The motion passed. DISCUSSION ITEMS TELEPHONE ANSWERING MACHINE T ee City Manager introduced the next discussion item, a review of the current phone system. In previous discussions with the Council it had been noted that many people" calling City hall are waiting long periods of time before their call is answered. In response to Council concern the staff researched the possibility of a machine answering the phone with a recorded message. It was reported by the staff that an answering machine of the type necessary to accommodate our phone system would cost approximately $8,500 to $9,000. Other alternatives were discussed, such as having calls transferred to other phones after a given number of rings. Following the discussion it was agreed that the staff would further review the answering practices of the staff. LIQUOR LEASES The Finance Director reviewed the current status of the liquor store leases in the three stores. He reviewed sales in each of the stores. Following his review he recommended the renewal of leases in each of the stores. He also reviewed the policies of each store to enforce current liquor laws. He also reviewed with the Council a concept of acquiring a vacant building on 69th and Humboldt to replace the Humboldt Avenue store. Following a brief discussion with the Council, there was a motion by Councilmember Theis and seconded by Councilmember Scott to explore the purchase of the store as a future liquor store site. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Mayor Nyquist proceeded with a handout A Proclamation Declaring National Business Women's Week. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the proclamation. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 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 9:10 p.m. Deputy City Clerk Mayor 10 -1 -84 -3- TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: November 2. 1984 RE: Final Plat - Brooklyn Mobil (Planning Commission Application No. 84021) Mr. Randy Rau owner of the Mobil gas station and adjacent convenience store located in the southwest corner of 69th Avenue (C.S.A.H. 130) and Brooklyn Boulevard (T.H. 152) has petitioned the City to approve the referenced final plat. The proposed final plat comprehends the combination of the two parcels and redevelopment of the corner, resulting in the construction of a new enlarged service station. Conditions placed on the plat by the City Council at its June 25, 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. The preliminary plat shall be revised in accordance with the letter of the City Engineer to M.V. Rich Company, Inc. dated June 7, 1984. In addition, the City solicited comments from the Minnesota Department of Transportation and Hennepin County Department of Transportation regarding the site development. - MN /DOT gave verbal approval of the concept contingent upon approval by the County (Brooklyn Boulevard is to be "turned back" to the County, therefore D4N /DOT chose to abide by the County's recommendations). Attached is a copy of the County's recommended conditions of approval which may be summarized as follows: 1. Acquire an additional 5 "foot easement along 69th Avenue for utilities, snow storage, sign placement. 2. Modify City - acquired (10 foot) sidewalk easement along Brooklyn Boulevard to reflect a less restrictive highway easement. At this time the owner has met all the conditions established by the City Council. Staff recommends the City Council not establish additional conditions as requested by the County because: 1. The City's proposed street improvement plan for 69th Avenue comprehends the acquisition of 8 feet along 69th Avenue for street purposes (this is provided for on the plat). Staff considers the additional 5 foot acquisition to be beyond our needs and unduly restrictive on the property. 2. The 10 foot sidewalk easement along Brooklyn Boulevard (easement has been executed) does encroach on a proposed greenstrip, but it impact is minimal. If the easement is redefined as a highway easement, it is conceivable that the actual roadway could be widened within the easement to the detriment of the property. If such work is considered necessary, the County should address its implications at the time. November 2, 1984 Page 2 In consideration of the fact that the owner has met all the City's conditions for the plat and that the staff considers that the basic_ interests of the County are met, it is recommended that the final plat be approved by the City Council. Final Note: Additional recommendations made by the County will be 'placed upon the site plan (administrative) approval. They are: 1. Disposal of storm water 2. Pulling of permits for work in County right of way 3. Restoration of disturbed areas. JNG:jn DEPARTMENT OF TRANSPORTATION 0 .z South W _ 320 Washing. ton Av. Sou Hopkins, Minnesota 55343 Fw ENNEPIN Li [j 935 -3381 October 24, 19 TTY 935 -6433 Mr. Janes Grube City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Grube: RE Proposed Plat "Brooklyn Mobil" CSAH 130 SE Quadrant of TH 152 Section 34, Township 119, Range 21 Hennepin County No. 1237 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -To allow 5 feet for utility placement, snow storage, and sign placement on the widened intersection, the developer should provide an additional 5 feet of property along CSAH 130 for the construction of the sidewalk. This taking may be in the form of dedicated right of way or an easement. -The site plan we received did not include existing or proposed contours.- Based on the information we received, Hennepin County recommends the storm drainage be picked up on the site and piped to the existing catch basins near the CSAH 130 /TH 152 intersection. - Hennepin County supports the closing of the northerly access onto TH 152. -To make the proposed 10 foot easement along TH 152 (future CSAH 152) less restrictive the easement should be designated a highway easement rather than a sidewalk easement. -Any proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, sidewalk, drainage and utility construction, trail development, and landscaping. Contact our Maintenance Division for utility permit forms. The developer must restore all areas within County right of way disturbed during construction . Please direvt any response or questions to Les Weigelt. Sin erely, David W. Schmiat, P.E. HENNEPIN COUNTY Planning and Programming an equal opportunity employer DWS /LDW:pl • t .8900KLYN BEARINGS SHOWN ARE ASSUMED ' \ 0 DENOTES IRON MONUMEN / ' :' .z �• - L• • 1 11 Tht q'E'r/AwesJCerrer• w • ( • • + � � y ! , \ ... 1 i - . L _ � r : 1. : of5td•on 34, T. l,9�R.2! � , \w ..1. i ..' v.. Thr NorJb Iinoof /A,e A6,0 wrl l OMPAVofSrc.34 \ Advrlh QusrfFi Co,+rer of Sec.3 R T.I/9 R. 2! (NinnsO %nCovn+ya+ons,s�,+1; v + 4.00•.. ,r ... '-`1607.60 .� __ -' 'LW EST � ' �.. •• '-'i97.52... -- ':. ,. is /,� �, �' : •:..'. ,'•4i rSoo/her/y�R /WN.f.S.A.XNa /30x %i27 Dallo.4i53965 \ M +^ � • vs..6 ht ' � A/orM /ine a/YsJ C, AUO /YOB'S 1UB0 /V /S /ON No, ?J � ._ .:. - .e , (. Mennep;wCou, _ EST ��3• • t65.a4• W -- a CCUmTYHI6HWAY 130 STATE 17 , oy HIGHWAY N0. 152 7. O t • `o � 1 . - •5 r•) •t� l y s : � .,. � ` �o' w•rr. '' � � r 4 ( `tom ' a ✓R _ O\ L '; °'� •••� 1 `r3' u's'e ° `Dt 1 j�� \ >! s ?, 1 �4 Member introduced the following resoluton and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR FURNISHING AND DELIVERING FOUR (4) COMPACT POLICE PATROL SEDANS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specification for the furnishing and delivering of four (4) compact police patrol sedans are hereby approved. BE IT FURTHER RESOLVED that the City Clerk i.s hereby authorized and directed to advertise for and receive bids for the furnishing and delivering of four (4) compact patrol sedans i.n accordance with said specifi.cati.ons. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon,, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 f w� CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR FOUR (4) COMPACT POLICE PATROL SEDANS' - 1. GENERAL All bids must be received at the office of the City; Clerk on or before 2.00 p.m., December 12, 1984, and -shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked "Bid for Compact Police Patrols ". It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract to the best interest of the City. The police sedans proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. • Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material or equipment desired. The police sedans the bidder proposes to furnish must be of a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the sedans the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard new car warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All • defective parts, material and labor shall be replaced free of cost to the City of Brooklyn Center. 3. DELIMERY _DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and service; as well as analysis and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of the bids. 6.. PROOF_ OF WORKERS COMPENSATION Each bid shall be accompanied by proof that the bidder has Workers Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate of exemption from the State Insurance Commissioner. f , GENERAL The vehicles and /or equipment called for herein shall be new compact police patrol sedans currently advertised, police production models incorporating all the Latest available changes and features, including all the safety devices and tool to make a satisfactory operating unit. They shall meet the requirements of the Minnesota Department of Labor and Industry, Division of Accident Prevention, and the U.S. Department of Labor, Occupational Safety and Health Administration. BODY Four door notchback police sedan, with reinforced cradle.. SEATING Standard seating, cloth upholstery front, vinyl upholstery rear, full foam padded seats.. Head room front 38" minimum. Leg room front 42" minimum. Shoulder room front 56" minimum. TRUNK RELEASE Power release within easy reach of driver. • mISUETLANEOUS EOUIPMENT Cigarette Lighter Rear window defogger or defroster Tinted glass throughout Factory air conditioning Trunk light Lefthand remote adjustable mirror Righthand' mirror Speedometer police type - 2 mph increments Rear door handles inoperative All vehicles to be fleet keyed alike Door edge guards Tilt steering wheel Lefthand spotlight Power door locks Carpet floor mats Quartz clock CHASSIS: Wheel base: 104" minimum Brakes: Power disc front Drum- rear, front and rear semi - metallic • brake linings Transmission: Automatic transmission first gear blockout Differential: Front wheel drive configuration Special Police Heavy duty front and rear suspension, Suspension: police special shocks and springs, stabilizer bar front and rear Steering: Power assisted Wheels & Tires: Wheels 15" Tires P- 225/7OR fabric belted radial tires Engine Engine V -6 design, 173 cu. in. displace - Compartment: ment minimum, higher cooling capacity radiator - heavy duty, fuel filter, oil filter, air cleaner, etc. ELECTRICAL Heavy Duty Heavy duty (70 amp hour minimum) Battery: • Generator: 108 amp delcotron 45 amp at idle or equal Radio: Standard A.M. Lights: All lights to meet Minnesota Vehicle Code COL Standard manufacturer's color to be determined at time of award. MANUALS One parts manual and one service manual to be provided. PROPOSAL FOUR (4) COMPACT POLICE PATROL SEDANS TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Gentlemen: We propose to furnish and deliver four police 'sedans according to the specifications at the following bid price: 1. Bid price per unit 2. Total bid price (four units) Delivery date (calendar days) In guarantee of sincerity of purpose in entering this bid, the undersigned encloses a certified check or bidder's bond in the amount of five per cent (5%) of the total amount bid, made payable to the City of Brooklyn Center, which it is agreed will be forfeited to the City in the event that said contract is not executed as herein stipulated in the event that said proposal is accepted. Signed Firm Name Address Date Bid opening: December 12, 1984 - 2 :00 p.m. q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR FURNISHING AND DELIVERING ONE (1) COPIER /DUPLICATOR BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specification for the furnishing and delivering of one -(1) Copier/ Duplicator is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the furnishing and delivering of one (1) Copier /Duplicator in accordance with said specifications. 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 i.n favor thereof: aril - the following voted agai.nst the same whereupon said resolution was declared duly passed-and adopted. f { Y CITY OF BROOKLYN CLNTLR 6301 SHINGLE CREEK, PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) COPIER /DUPLICATOR 1. GENERAL All bids must be received at the office of the City Clerk on or before 2: 30 p.m. , December 12, 1984, and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked "Bid for Copier /Duplicator ". It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract to the best interest of the City. The Copier /Duplicator proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications. Catalog information showing make, model, and complete specifications of the copier /duplicator the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall because for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. He must defray all cost in connection with such suit and save the City harmless in all such actions. 2. GUARANTEE The bidder shall furnish a manufacturer's standard product warranty as a minimum and shall guarantee the equipment as to the specified capacity and satisfactory performance and to be free of defects in design, material, and workmanship. All defective parts, material and labor shall be replaced free of cost to the City of Brooklyn Center. 3:. DELIVERY DATE The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 4. AWARD OF CONTRACT Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and service; as well as analysis 'and comparison of specifications and performance. 5. OBJECTIONS TO SPECIFICATIONS Any objections to the specifications must be submitted to the City Clerk in writing five (5) days prior to the opening of the bids 6. PROOF OF WORKERS COMPENSATION Each bid shall be accompanied by proof that the bidder has Workers Compensation Insurance in force. Such proof shall be in the form of a copy of the bidder's current insurance certificate or certificate. of exemption'from the State Insurance Commissioner. Specification It is the intent of the City of Brooklyn Center to purchase one (1) copier /duplicator with the following specifications: 1. Configuration: Floor console 2. Monthly Volume: 100,000 3. Copy process: Dry 4. Copy speed: 70 cpm (letter size) 5. Automatic duplexing 6. Document Feeder: Semi and automatic 7. Copy size: Must be able to copy documents up to 11" x 17" 8. Warm -up Time: 10 minutes or less (at 68 F /20 C) 9. Reduction: Minimum 77% or 74% and 65% 10. Interrupt: Key or ability 11. 20 Bin Sorter /Collator 12. Power Consumption: Bidder to supply consumption information on both copying and standby modes 13. First Copy Speed: 12 seconds or less 14. Optional Features: Bidder to bid all currently available _optional features if not previously required. ure with id prices eat s it appropriate b p s p y q 15. Bidder to submit the names of three (3) references within the seven (7) county metropolitan area, one of which must be a municipality. I Proposal of Proposed Manufacturer Proposed Model A. DETAILED REQUIREMENTS: (Note: All statements, numbers, etc., must be supported by manufacturer's data /specifications.) MANUFACTURER'S RANGE (Data /Part ITEM REQUIREMENT No. /Statement or Yes or No Volume Range 25,001- 100,000 Configuration Floor Console Fixed Platen Semi Automatic Document Feeder Automatic Document Feeder with 20 Bin Sorter Copy Process Dry Copy Originals Sheets, Books, 3D Objects Copy Size 11 x 17" Copy Speed 70 copies /minute CPM: First Copy Speed 12 seconds or less Seconds: Warm -up Time 10 minutes or less Minutes: Automatic Standby 60 seconds or less Seconds: Automatic Reset Paper Supply Two Sources (minimum) Primary (1,000 minimum) Secondary (250 minimum) Paper Weight 16 -20 lb. Bond Range: Adhesive Labels: Letterhead: Transparencies: Power Source 115V - 60 HZ 220/240V - 60 HZ Dedicated Circuit Non- Dedicated Circuit Copy Controls On /Off Switch Copy Start Key Copy Quantity 1 -999 copies Clear Key Paper Supply Selection Copy Interrupt Contrast Control Copy Display Counter 1 -999 copies Features Wait /Ready Add Toner OPTIONAL FEATURES Self Diagnostics (explain): Automatic Job Recovery Operator Aids Recirculating Document Feeder Other Optional Features Available for Proposed Model Name or Feature Mfg. No. Bid Price /Unit Power Consumption: Running Standby Warranty Period Maintenance: Bidder to provide a copy of maintenance contract along with a three (3) year cost projection based upon 55,000 copies per month. References: Provide name, address, phone number and contact person 1. 2. 3• PROPOSAL ONE (1) COPIER /DUPLICATOR TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: We propose to furnish and deliver one (1) copier /duplicator according to the specifications at the following bid price. Model to be furnished 1. Bid ice per unit $ p 2. Bid price - 20 bin sorter $ 3. Bid price auto document feeder $ 4. Bid price reduction mode $ 5. Delivery and /or set up charge $ Trade -in Allowance (Xerox 7000) $ TOTAL NET BID $ Delivery time Bidder estimate weeks i In guarantee of sincerity of purpose in entering this bid, the undersigned enclosed a certified check or bidder's bond in the amount of five per cent (5%) of the total' amount bid, made payable to the City of Brooklyn Center, which it is agreed will be forfeited to the City in the event that said contract is not executed as herein stipulated in the event that said proposal is accepted. Signed Firm Nam Address Date Bid opening: December 12, 1984 - 2:30 p.m. NOTE Bidders must provide proof of Workmans Compensation Insurance. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -G (CENTRAL PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1983 -12, PHASE II) WHEREAS, pursuant to written Contract 1984 -G signed with the City of Brooklyn Center, Minnesota, Munn Blacktop, Inc, has satisfactorily completed the following improvement in accordance with said contract: CENTRAL PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1983 -12, PHASE II - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of .Brooklyn Center, Minnesota, that: 1. The work completed under said contract, is accepted and approved. As Approved Final Amount Original Award $ 35,764.00 $ 35,634.00 2. The value of work performed is less than the original contract amount by $130.00 due to a general overestimation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $35,634.00. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR LYNDALE AVENUE NORTH BETWEEN 53RD AVENUE NORTH AND 57TH AVENUE NORTH WHEREAS, plans have been prepared by the City Engineer for reconstruction of "Lyndale Avenue North between 53rd Avenue North and 57th Avenue North utilizing Municipal Turnback and Municipal State Aid funds (M.S.A.P. 109- 126 -01); and WHEREAS, said plans specify reconstruction of certain segments of said street to a 28 foot curb -to -curb width and that Municipal Turnback and Municipal State Aid rules require total prohibition of parking on said segments; and WHEREAS, said plans specify reconstruction of other segments of said street (based on requests from adjacent property owners, approval of the City Council and approval by the Minnesota Department of Transportation State Aid Division) to wider widths which meet Municipal Turnback and Municipal State Aid standards for allowance of parking on one or both sides: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the ,City of Brooklyn Center, Minnesota that, effective upon completion of the Lyndale Avenue reconstruction project M.S.A.P. 109- 126 -01: 1. No parking restrictions are imposed by this resolution for any segments which are constructed to a width meeting Municipal State Aid standards for parking on both sides. 2. "No Parking Anytime" regulations are hereby approved and shall be posted on the narrow side of all segments of said street which are constructed to a width meeting Municipal Turnback and Municipal State Aid standards for parking on one side only. 3. "No Parkin Anytime" regulations are hereby approved and shall be Y Parking Y � PP posted on both sides of all segments of said street which are constructed to a 28 foot curb -to -curb width or in any other way do not meet the Municipal Turnback and Municipal State Aid standards for allowance of parking. 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. { i CITY 6301 SHINGLE CREEK PARKWAY OF By BROOKLYN CENTER, MINNESOTA 55430 OOLYN t � TELEPHONE 561 -5440 ENTER TER EMERGENCY- POLICE FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 2, 1984 RE: Resolution Establishing Parking Restrictions for Lyndale Avenue North Between 53rd and 57th Avenues North Attached is a resolution which provides for establishment of parking restrictions along Lyndale Avenue between 53rd and 57th Avenues. As stated in its text, the resolution will be implemented only if the reconstruction project is completed. This resolution is submitted for City Council action as a procedural matter to insure that construction plans submitted to the Municipal State Aid Office will be accepted for departmental review and approval of Municipal Turnback funds and Municipal State Aid Street funds. As noted during the improvement hearing process in the Spring of this year, we feel it is imperative that the City "get its foot in the door while,turnback funds are available. The project will be eligible for the use of turnback funds for three years. However, changes in state laws regarding highway jurisdiction may well have an impact on the availability of Turnback funds Accordingly, our plans have been submitted to Mkt /DOT and it will be necessary to have this resolution adopted and submitted before MN /DOT will approve the plans and allocate Turnback funds for the project. At the same time it is noted that, if any special assessments are to be levied for this project, new "Chapter 429" proceedings must be initiated, with notices to property owners, a public hearing, etc. In summary, adoption of the attached motion will simply assure eligibility of the project for the use of Turnback funds and Municipal State Aid funds. Any decisions on whether or not o r project, t proceed with the pr � , and whether or not special assessments are to be levied remain totally within the hands of the City Council. Respectfully submitted, SK: jn "'74 .&,�t NOW Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION AUTHORIZING EMPLOYMENT OF MAINTENANCE WORKER WITH THE PUBLIC UTILITIES DIVISION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized to increase the number of Maintenance Workers permanently assigned to the Public Utility Division from five (5) to six (6) Date Mayor ATTEST: Clerk r The motion for the adoption of the foregoing resolution was duly seconded by member nd on being taken thereon the following a u vote , P g , g voted in favor-thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.` s CITY 6301 SHINGLE CREEK PARKWAY % of BROOKLYN. CENTER,. MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 CENTER EMERGENCY- POLICE —FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: November 2, 1984 RE: Employment of Maintenance Worker Within the Public Utilities Division In 1983 the City purchased a jet sewer rodder for the purpose of cleaning our sanitary sewer system on a regular basis. Since that time we have made dramatic progress in cleaning the sewer system. In excess of 800 of the system has been cleaned at least once and many trouble spots have been cleaned several times. The number of sewer backups reported by citizens has been - reduced by approximately 60 percent and our "response time" (the time between receiving a complaint and resolving the problem) has been reduced by more than 50 %. Accordingly, we believe this addition to our public utility service is a great success. To provide adequate manpower to operate the jet sewer rodder (2 employees are required with the machine whenever it is being operated) it was necessary to increase the number of employees available within the Public Utility Division. Until now, we have done this by making one "full -time equivalent employee (FIE) available from within the Streets & Parks Divisions, then reimbursing the General Fund for such F.T.E. This approach was taken for the purpose of reducing the ad valorem tax levy for Street and Park Maintenance and for the purpose of encouraging cooperation between these Divisions and the Public Utility Division. And, it has served both purposes well. Now, however, several other factors have occurred which now suggest that this approach be re- evaluated. 1. Staff reductions have occurred within the Street and Park Division through (a) the Early Retirement Incentive Program or, (b) through normal resignations. A total of 5 employees have left during 1983 -84. Only one has been replaced to- date. 2. The Public Utility Maintenance Division has been moved to the City garage, and cooperation between these divisions has improved dramatically. `74 Sema&g mau " November 2, 1984 Page 3. We now realize that, although operation of the jet sewer rodder is a two person job, scheduling of work within the Public Utility Division can be accomplished better by increasing their permanent staff by one employee, rather than depending on availability of an F.T.E. By having this employee permanently assigned to the Public Utility Division we also assure (a) that the employee is supervised by the unit which pays his salary, that (b) the employee is available for all duties within that department (including duties and schedules normally assigned to new employees),and that -(c) the employee will receive proper training. At the same time, we can assure you that cooperation between these Divisions will continue to improve. The 1985 budget, as adopted, contemplates elimination of the existing "F.T.E." arrangement Because a vacancy now exists within the Street and Park Division which must be filled to assure our ability to provide the proper level of winter maintenance service, I recommend that the existing F.T.E. arrangement be terminated immediately - thereby "filling" this vacancy within the Street and Park Division (this action can be taken administratively). At the same time Council action is recommended authorizing the addition of one r4aintenance Worker to the Public Utility ivision. This y position would be filled by appointment of new employee. It is noted that this action will still leave the Street and Park Divisions with one less employee than provided for within the 1985 budget. Separate Council action would be required before that position could be filled. A resolution is provided for consideration by the City Council. Respectfully submitted, SK: jn DEAN A. NYQUIST ■ CITY HALL Mayor CITY 6301 Shingle Creek Parkway Res: 533 -0774 OF Brooklyn Center, MN 55430 Wus: 533 -7272 BROOKLYN Telephone 612 /561 -5440 CENTER OFFICE OF THE MAYOR LI Z (NOT PRINTED AT GOVERNMENT EXPENSE) APPLICATION FOR APPOINTMENT TO THE BROOKLYN CENTER PLANNING ADVISORY COMMISSION 2. Address i9UC //. Phone 3. How long have you been a resident? %e�'� V 4. List special interests, qualifications, experience which you feel relate to this appointment: � & I L'e',j- V 'yc CisC continue on back S. Additional remarks concerning your ideas or observations on the role of the Commission: i ,J 4 'e - . , V LPs —1* l ee ttv /T?y T TY' t �o ,✓ �s� eCt k'_�cu rN �� /..� 7;dj„S l r .�;1 ,rysartr �►, 5' . 7W.V7' e6,41 - l" ue l.2 - continue on back - 6. Are you familiar with the purpose, authority, and responsibility of the Commission as described in the Zoning Ordinance? Yes Y No 7. Are you aware of the importance of regular Commission meeting attendance (normally twice a month on the 2nd and 4th Thursday nights) , and do you feel you have the time available to be an active participant? Yes X No Comments: so Signature Da to Submit to: Mayor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Member introduced the following resolution and moved its adoption: RESOLUTION NO. f RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET WHEREAS, Chapter 471 of the Minnesota Statutes requires that cities cif the first, second, and third class must have at least one telecommunication device for the deaf (TDD),'for voter registration information; and WHEREAS, telecommunication devices for the deaf are also required as part of the Office of Federal Revenue Sharing handicapped accessibility requirements; and WHEREAS, Section 7.08 of the City Charter does provide for the transfer of unencumbered appropriation balances from one department to another within the same fund; and WHEREAS, the funds are available in the Federal Revenue Sharing Fund to be transferred for General Fund use. NOW, THEREFORE, EE IT RESOLVED EY THE CITY COUNCIL of the City of Brooklyn Center to amend the 1984 General Fund Budget as follows: Increase the appropriation for the City Manager's Office, Capital Outlay, Office Furnishings and Equipment No. 4551 by $459 BE IT FURTHER RESOLVED that the increased appropriation shall be financed by Federal Revenue Sharing Funds and that funds in the Federal Revenue Sharing Funds shall be encumbered in the amount of $459; and BE IT FURTHER RESOLVED that the actual tranfer of funds will be made from the Federal Revenue Sharing Fund to the General Fund on a reimbursement basis as such time, and by Council resolution when the General Fund has expended funds for the appropriation authorized. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Gerald G. Splinter, City P � Y g FROM;: Tom Bublitz, Administrative Assistant DATE: November 2, 1984 SUBJECT: Telecommunication Device for the Deaf State Law now requires cities of the first, second, or third class to have at a least one telecommunication device for the deaf TDD located in their City hall. In addition to the state requirement, which is primarily for voter registration information, the office of Federal Revenue Sharing requirements for handicapped accessibility also effectively require a TDD machine for handicapped accessibility. Also, other federal agencies such as the Department of Housing and Urban Development, have developed their own regulations regarding handicapped accessibility and most of them also include requirements for communication with deaf persons for any governmental jurisdiction receiving funds from a federal agency. The TDD machine is a device used for communicating to deaf persons through phone lines. The way the machine works is that a regular phone is put into the cradle of the machine and this activates the machine which reads the message coming in from the other end of the line and prints out the message on paper. In turn we can also type in a message on the keyboard at our end of the machine and communicate with the deaf person. Since the TDD machine is a requirement of the state and also is required by the Office of Federal Revenue Sharing regulations, I believe the use of Federal Revenue Sharing Funds to purchase a machine is appropriate. RESOLUTION NO. SETTING PUBLIC HEARING ON - 1985 SINGLE FAMILY REVENUE BOND PROGRAM WHEREAS, the-City of Brooklyn Center (the "City ") wishes to develop a single family housing program for the City and to issue housing revenue bonds to finance the program; and WHEREAS, in order to issue housing revenue bonds for a single family housing program, Minnesota Statutes, Chapter 4620 requires the adoption of a Housing Program the ' rogram" after the holding of a public hearing, after published notice at least 15 days prior to the date of the public hearing; and WHEREAS, Section 103A(j)(5) of the Internal Revenue Code of 1954, as amended, requires the adoption of a Housing Policy Statement after the holding of a public hearing after reasonable public notice; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: 1. That a public hearing on the proposed Program for the City is set for December 10 1984 at 7:30 p. n. at the City Hall. 2. That the City Clerk is authorized and directed to cause the publication of notice of the public hearing in a newspaper of general circulation in the City at least 15 days prior to the date of the Public Hearing. Adopted this day of 1984. Mayor Attest: City Clerk -1- A u , MEMORANDUM TO: Gerald G. Splinter, City Manager FROM Brad Hoffman, Administrative Assistant DATE: November 1, 1984 SUBJECT: Multi Family Housing Bonds The City Council will be continuing its public hearing on a proposed financing for the purchase, rehabilitation and expansion of the Earle Brown Farm Apartments. As noted in the attached letter from Marcia Cohodes, this is the first request the City has received for "multi - family housing bonds ", in order to finance such a project. Brookwood used multi- family housing bonds although that was new construction and constituted part of the City's commitment to its development. I would anticipate that this type of investment activity will be increasing in the future. Congress tends to encourage one investment over another by creating tax benefits. Congressional allocation of tax benefits is a means by which Congress encourages and directs private investment determined to be in the best interest of the country as a whole. Apparently, Congress has determined that investment in real estate such as the Earle Brown Farm Apartments offers benefits which exceed the cost, that the tax incentives derived from the Multi- Family Bonds is preferable to large, direct public subsidies. The question before the Council Monday night will be how do we, the City, use this tool to the City's advantage. In a previous memorandum, I suggested that the use of these bonds be limited to those apartments owners who have complied with our housing maintenance ordinance. I would suspect that given Council approval of the request before them, the City could anticipate receiving future requests from individuals attempting to purchase apartment complexes in Brooklyn Center. I would propose that the use of these bonds be made based upon the management record of those individuals in other communities if they are unknown to us in this City. Such requests also present a unique opportunity for the City to obtain conces- sions from the applicant on other matters pending with the City. Other matters could include engineering concerns, planning questions, tax delinquencies, assessments and so forth. I believe and would recommend that we use multi- family bonds to assist the City in the enforcement of its Housing Maintenance Ordinance. If the Council approves the bond application before them, we, the City, should require the dedication of seven feet of street utility easement along 69th Avenue. Also, Cy Sheehy who is also the owner of Shingle Creek Towers should be required to provide a new pump on the fire sprinkler system in that building. It is my understanding that they are in the process of doing that now. Planning Director Ron Warren will be able to address that issue Monday night. J Toll Free Minnesota (800) 862 -6002 Toll Free Other States (800) 328 -6122 Miller & Schroeder Municipals, Inc. Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55431 • (612) 831 -1500 October 31, 1984 Mr. Brad Hoffman Assistant City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Hoffman: On November 5, the City Council will be asked to consider the preliminary approval of -a bond issue for the acquisition and rehabilitation of the Earl Brown Apartments. We realize this is the first time Brooklyn Center has been asked to assist a developer in this way and would like to ' discuss a few points with you at this time. Miller & Schroeder Municipals, Inca ( "Miller & Schroeder ") has been working with communities throughout the country in establishing a program which not only provides new housing units; but also preserves the quality of existing housing. The United States Congress, the Internal Revenue Service and the United States Treasury have all recognized the need to provide quality housing in our country. Therefore, the recent legislation, The Tax Reform Act of 1984, regulating the use of private purpose Industrial Development Bonds has ommitted multifamily housing with the exception of the 15% rule and certain regulations with respect to depreciation in an attempt to encourage the continued availability of this financing vehicle for projects such as the Earl Brown Apartments. Federal Statutes require the developer to use a minimum of 15% of the acquisition` costs for rehabilitation of the building over a period not to exceed two years. Some of these funds will be used to replace existing appliances in induvidual units as well as improving common areas. In addition, funds will be expended for improving the current heating system in order to prevent future difficulties with respect to heat loss through inefficient energy controls. With the proposed sale and rehabilitation of the existing apartments, the assessed value of the property will increase. The developer also intends to construct up to an additional 36 apartment units on the site which will add to the City's tax base as well. ' The investment of at least 15% of the bond proceeds in rehabilitating the apartments should result in a'' quality and affordable apartment building for Brooklyn Center. In addition, the Headquarters: Minneapolis, Minnesota Branch Offices: Downtown Minneapolis • Solana Beach, California • Northbrook, Illinois • St. Paul, Minnesota • Naples, Florida • Tallahassee, Florida • Carson City, Nevada Member of the Securities Investor Protection Corporation - Mr. Brad Hoffman October 31, 1984 Page Two improvements would provide encouragement for owners of existing projects to maintain their buildings. This will serve to preserve the quality of existing housing in the City, as many communities have discovered. We look forward to seeing you at the November 5th City Council meeting and will be available to answer any questions. Very truly yours, Marcia A. Cohodes Underwriter -MAC/ mh 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 OCTOBER 25,198 CITY HALL - CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:29 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, and Lowell Ainas. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. 'Chairman Lucht stated that Commissioners Sandstrom and Nelson had previously indicated they would be unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - OCTOBER 4, 1984 Motion by Commissioner Malecki seconded by Commissioner Manson to approve the minutes of the October 4, 1984 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki, Manson, and Ainas. Voting against: none. Not voting: Chairman Lucht. The motion passed. APPLICATION NO. 8+035 (Lombard Properties) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for extension of the special use permit granted under Application No. 8 045 for the construction of a 1 store hotel on the parcel of land pp 3 3 Y P north of Freeway Boulevard and east of Shingle Creek. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84035 attached). He also briefly reviewed the original site and building plan submitted under Application No. 83045. He explained that the building had a two storey footprint with an 11 storey tower in the middle of it He noted that there are no real 'changes in the plan, that access would still be off Freeway Boulevard and through a private road off Shingle Creek Parkway. He stated that the building plan had been changed slightly to shrink some area of the building thereby requiring less parking. He stated the need for less parking resulted in only 61 spaces being required from the central lot rather than the 98 shown on the original plan. The Secretary also noted that the City has contracted for landscaping along Shingle Creek and that a portion of this landscaping would be accomplished by the applicant during the construction of the Ramada Hotel Chairman Lucht asked the applicant whether he had anything to add. Mr. Al Beisner, of Lombard Properties, stated that he had nothing to add to the presentation. Chairman Lucht asked Mr. Beisner whether the hotel was going to be built. Mr. Beisner stated that he was 99% sure that it would be built. He explained that quite a bit of leg work had to be done during the preceding year to get the project off the ground. He stated that he expected to obtain building permits for the hotel by the middle of November. Commissioner Manson inquired as to the change in the interior. Mr. Beisner stated that the interior would be the same, that the decor had been reviewed and that it was considered by the project's decorator not to be out of style. Commissioner Manson 10 -25 -84 -1- clarified that she meant the change that resulted in less parking. The Secretary stated that a section had been taken out of the interior of the first two floors reducing the space in some of the meeting rooms and thereby reducing the parking requirement. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. He noted that no one was present to speak regarding the application beside the applicant and called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously, ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84035 (Lombard Properties) Motion by Commissioner Manson seconded by Commissioner Ainas to recommend approval of Application No. 84035, subject to the following added conditions to Application No. 83045: 14. A cash escrow, in an amount to be determined by the City Manager, shall be submitted to cover the cost of street cleaning associated with the placement or removal of fill on the site. 15. The applicant shall implement a landscape plan prepared for the City for the Shingle Creek greenstrip area adjacent to the hotel site. Said landscaping shall be completed in conjunction with the construction project prior to the release of the financial guarantee required by Condition No. 5 of the original approval. Voting in favor: Chairman Lucht, Commissioners Malec ki , Manson and Ainas. Voting against: none. The motion passed. OTHER BUSINESS The Secretary then showed the Planning Commission a revised plan for the Spec. 14 industrial building which reduced the floor space originally approved by about 4,500 square feet. He stated that the south wing of the building would be shortened up and that more landscaping and parking would be provided thereby lessening the need for parking from the central lot. DISCUSSION ITEMS a, First Brookdale Bank Remodel The Secretary then informed the Commission that First Brookdale Bank had a small remodeling project planned that was minor and that the Secretary did not feel had to be reviewed and approved by the Planning Commission and City Council. The Planning Assistant explained that the project involved a very small addition to the east side of the building where a new night deposit box would be located and the shortening up of the canopy to allow for only one car to park under it. He explained that the other drive -up lanes would be removed. The Planning Assistant also explained that the removal of the existing canopy would open up the possibility for more parking on the bank site and that this in turn might open up the possibility of atransfer of parking to the Baker's Square Restaurant which is interested in an expansion. b. Howe, Inc. Stairwell we Inc. The Secretary then briefly explained a modification to the office at Ho , involving the placement of a stairwell to the basement outside of the building 10 -25 -84 -2- rather than inside as at present. He explained that this would involve a small expansion of the office structure and that such minor expansions in the past have been accompanied by an Agreement between the City and Howe, Inc. that such an expansion is not considered an expansion of the nonconforming use on the site. The Secretary explained that the proposed stairwell modification did not really affect parking, setbacks or traffic circulation on the site. Commissioner Ainas stated that he did not consider it to be an expansion of the business. The Secretary stated that it was at least not an expansion of the nonconforming aspect of the Howe, Inc. operation, namely the manufacture of ammoniated fertilizer. Commissioner Manson asked whether the same siding that was on the existing building would be on the outside stairwell. The Secretary responded in the affirmative. c. Self Evaluation Chairman Lucht then briefly explained that the Year 2000 Study Committee is reviewing the existing situation in the City, including the function of the various advisory commissions. He stated that the advisory commissions-have been asked to Took at themselves and come up with a statement of what their function is. Chairman Lucht noted that the City's Zoning Ordinance defines the Planning Commission's role fairly well. The.Secretary contrasted the role of other commissions and stated that the Planning Commission deals with regular or routine business items more often that other commissions. He stated that the City may make changes in its Zoning Ordinance and other ordinances in the future to respond to changing conditions and expand or alter the role of the Planning Commission. Commissioner Manson stated that she felt there was a need for a Planning Commission as the City gets older and there is an increasing need for redevelopment. Commissioner Ainas suggested that members of the Planning Commission should visit other Planning Commissions in other cities to see how they operate. The Planning Assistant stated that the Commission has essentially been a reactive body over the last 30 years or so, responding to private proposals for development. He stated that, in the future as redevelopment becomes a greater and greater priority, the Planning Commission may need to become more proactive in becoming actively involved and creating solutions to land use problems. There followed a discussion of the Lynbrook Bowl area and the Brooklyn Boulevard strip as rime area p p s for future redevelopment. Commissioner Ainas asked what the Brooklyn Park Comprehensive Plan recommends for the Brooklyn Boulevard area. The Secretary stated that he did not think there was any major change called for north of 73rd Avenue North. He stated that Brooklyn Center is a transportation funnel for Brooklyn Park and that, as Brooklyn Park expands, the City will see a greater traffic impact on Brooklyn Boulevard. He compared the situation now with what it was 20 years ago. He stated that the posture of reacting to private development used to be appropriate, but that all the easy developments are, for the most part, done and that the challenge will be to find ways to redevelop areas that are not appropriately used at present. The Secretary also agreed that, as Commissioner Ainas had stated, the City needs to coordinate with other agencies more in developing a redevelopment policy. Commissioner Ainas suggested exchanging minutes of various meetings with other advisory commissions so that each commission would know what the others are doing. The Secretary stated that he saw no problem with that suggestion. He briefly discussed the functions of the various commissions and stated that an alternative to established ongoing commissions might be the creation of AD HOC committees to study particular issues. 10 -30 -84 -3- ADJOURNMENT Following a discussion of possible upcoming busines items, there was a motion by Commissioner Manson seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously., The Planning Commission adjourned at 8 :55 P.M. Chairman 10 -30 -84 -4- ' Planning Commission Information Sheet Application No. 84035 Applicant: Lombard Properties Location: 2200 Freeway Boulevard Request: Special Use Permit Extension The applicant requests extended approval of the special use permit granted under Application No. 83045 to build a 13 storey hotel on the 1 -1 zoned parcel of land north of Freeway Boulevard and east of Shingle Creek. This application was approved on September 12, 1983. The minutes and staff reports pertaining to the application are attached for the Commission's review. The proposed hotel use is a special use in the I -1 zoning district. Staff do not feel it is necessary to review extensively the site and building plan aspects since no relevant code changes have occurred in the past year. Questions covered at a public hearing should center on the nature of the use itself. In addition to the conditions adopted with approval of Application No. 83045, it is recommended that the following conditions be adopted with this application: 14. A cash escrow, in an amount to be determined by the City Manager, shall be submitted to cover the cost of street cleaning associated with the placement or removal of fill on the site. 15. The applicant shall implement a landscape plan prepared for the City for the Shingle Creek greenstrip area adjacent to the hotel site. Said landscaping shall be completed in conjunction with the construction project prior to the release of the financial guarantee required by Condition No. 5 of the original approval. 10 -25 -84 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 5th day of November, 1984 at 8:00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amend- ment to the City Ordinances relating to amusement devices. ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO AMUSE DEVICES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -2102. DEFINITIONS. C. "Amusement Device" - The term amusement device as used herein means any amusement device of the following types: 1. A machine or contrivance, including "pinball" machines, electronic or video games, mechanical miniature pool tables, bowling machines, shuffle boards., electric rifles or gun ranges, miniature mechanical patterned after base- r electronic devices and games or amusements p o g ball, basketball, hockey and similar games or like devices, machines, or games which may be played solely for amusement and not as a gam - bling device and which devices or games are played by the insertion of a coins) or token(s) or at a fee fixed and charged by the estab- lishment in which such devices or machines are located. [and which contain no automatic payoff devices for the return of money coins' merchandise, checks, tokens or any other thing or item of value, provided, however, that such machines may be equipped to permit a free play or game.] Section 23 -2111. PAYOFFS. It shall be unlawful for the licensee or for the owner or operator of the establishment where any amusement device is located to give d vice. It shall b f r t la in of the amu sement e any money a a reward or prize o p y g unlawfu for the icensee or for the owner or o of the estab ish ment where an_y amusement device is lo cated to give n wit token, merchandise or ny a other thing of h a who esa a va ue Lor any reward or prize in lieu of free games registered on such device, and ] of more than $1 .00 as a reward or priz for t h e playing of the amusement device. Free games may be awarded for the paying of the amusement device, but not in conjuncti with the awardin of any prize, token, or merch andis e as de- fined herei'n.. All free games so registered shah be p a ey d on the device registering such free game. There shall be no mechanism on the amusement device whereby t he operator can cancel registered free games. Section 23 -2112. AUTOMATIC PAYOFFS. It shall be unlawful for any person to keep, maintain, se or permit to be operated any amusement device which has been converted into an automatic payoff device which automatically awards any money, or an prizes, tokens, merchandise, gifts or anything [of] with a wholesaTe value of more than $1.00 [other than free games? to the [operator orT p a device, yer of such amusement ORDINANCE N0. provided, however, that free games may be awa but not in co with such �zes It shall unlawful to convert any amusement device into an automatic payoff device. Section 2. This ordinance shall become effective after adoption and upon thirty (30 ), days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date ((Underline indicates new matter, brackets indicate matter to be deleted.) AGREEMENT REGARDING A STAIRWELL ADDITION BY HOWE, INC. This agreement is made this day of 1984 by - and between the City of Brooklyn Center, hereinafter called the "City" and Howe, Inc., hereinafter called "Howe. WHEREAS, Howe is the owner of real estate lying within the City of Brooklyn Center legally described as Howe, Inca Addition, Hennepin County; and WHEREAS, Howe has submitted a request to modify and relocate a stairwell in the office building on its property, which requires an approximate 16' x 16' addition to the northwesterly portion of said office building, all as set forth in the attached schematic drawings; and WHEREAS, the industrial installation of Howe on the property described as Howe, Inc. Addition contains several uses related to the production and sale of fertilizers and chemicals one of which the f o roduction an ammoniated P fertilizer, is a` nonconforming -use and cannot be expanded; and WHEREAS, the City and Howe wish to avoid any expansion which would be an unlawful expansion of the nonconforming use; NOW, THEREFORE, in furtherance of the desire of the parties to avoid an unlawful expansion of the nonconforming use, the parties enter into the following agreement: 1. No Expansion Intended Howe agrees that the modified and relocated' stairwell will not be installed, used or intended for use for the manufacturing of ammoniated fertilizers and that no expansion of the manufacturing capabilities of the ammoniated fertilizer process will result; 2. Findings of Fact In consideration of the foregoing agreement, the City Council makes the following findings of fact: a. No expansion of a nonconforming use has or will occur, on Howe, Addition as a result of the installation of the modified and relocated stairwell set forth herein; b. The life of the nonconforming use, the ammoniated `fertilizer process, has not been extended by the installation of the said modified and relocated stairwell; c. No increase in the volume of ammoniated fertilizer is directly traceable to the installation of the said modified and relocated stairwell; and d. The ammoniated fertilizer process will enjoy no increased profitability as a result of the installation of the said modified and relocated stairwell. 3. Incontestability Howe agrees that the foregoing findings of fact are true and reasonable and Howe further agrees to use the building in strict conformance with the terms of this Agreement, and further agrees not to challenge the authority, constitutional- ity, legality, or reasonableness of the restrictions- placed on Howe, Inc. Addition by the decisions of the City Council herein or the terms of this Agreement. IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement this day of 1984. -2- HOWE, INC. CITY OF BROOKLYN CENTER Treasurer City Manager Mayor Dated: Dated:' -3- :DLE .119.3/ . D 1 N C, tier �; S-{q� rk►e�� � 1 � � u 1 o o ° _ , p Mp 40U q S ` E. IN�! Mo a \\ ` \ t � .� � !� `"-a •�� .- � - 3x.za7.o wb, 32 xoZO wp, a a s'• ` ` �' + `tw3fr '!'�.7a' / n /! 7l �lr j Cut— ~ ' �� 3 .� ������•••••••••'''������ ' i' i s { � tit'' .:♦ i r 7 j ... f '. t'� if. . <.. + lr Ryse +f 7 Yr iL b t R V� 5)(15,~ •� �• a+ , f0 � I - y tm - "'jo -MAZ�H ifXtiS'C ..i_xJST.:. \v�nrn� I - "' I s � � �, �� a 1 .•,' ,�` ,, U ?: ' 1 - - rR _ _i t _•� r j toI O..MA'('Li•'k.. i"..— '• t E hk� te ( • u : cud t, 4 NCB, 7b NVhL+ -- t:OCA"t; tAK 1+vC�l .` ` :• t :r �: r= ' ♦ r� x -v 4D up To r 7* F ` ' � •. ' � , � . • �•JC t AAA TatA IT ser Ile L V ' e • E\\ jL- - - -{l - _ �•. O n r ' \V AL.L. S -_^ � III !` ��• K, 1 co f ! Ey4frier likeb TT T T 7 -JR cf 0 K sm, � Vt i t i. 1611 RIG" AhL- a1z zo 045 LO w t>. It 1 7 # _ A 'I I A�J 1 � 7 t ' '�.' i .` I '':. `S ,�{ �'f .��.i I S: �T .d: F.•X r Y D��PJ�' If . +'� .. .�., .• � '..i �. .rr �fi Y:t t �. XIS 1 11 ° } � ' fig • . d� @. T DE PARTM 1 CITY OF 01 B icD ROO FIN ENTER MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: October 29, 1984 SUBJECT: EXTENSION AGREEMENT NORTHBROOK LIQUOR STORE LEASE At the City Council meeting of September 24, 1984, the Council agreed with our recommendation to negotiate a one year extension to the lease for our liquor store premises at the Northbrook Shopping Center, which expires on November 30, 1984. I have negotiated 'a thirteen 'month extension to expire on December 31, 1985. All of the terms of the present lease will remain in force and effect during the extended term, including rental I have attached five copies of the Extension Agreement and a copy of a summary of our present lease. Please ask the City Council to authorize the Mayor and City Manager to enter into the Extension Agreement at the November 5th Council meeting. Respectfully submitted, Paul W. Holmlund PWH:ps, Attachments "' fie Sa staWlcg �1l oac �ity (DLSL3) CITY 01 BROOKLYN CENTER LIQUOR STORE LEASES • - -- ---- - - - - -- r STORE: Name: Northbrook Shopping Center (No. 3) -- - -- Address: 5711 Morgan Avenue North Brooklyn Center, Minnesota 55430 LESSOR: Name: Goldome National Corporation --- - -- Address: 745 Fifth Avenue New York, New York 10151 LEASE MANAGER: Name: Goldome National Corporation __ -- ------ Address: Address: Same Telephone No: (212) 758 -9200 or Local (612) 566 -3694 TERM OF_LEASE: Length: 3 Years - Inclusive Dates December 1, 1981 t November 30, 198 Original Date: October 1, 1971 Last Renewal December 1, 1981 Next Renewal: December 1, 1984 RENTAL SPACE: Retail Storage Total r - Dimensions (Feet): _.. N - -- � 35X125 Square Footage: 4,375 4,375 FIXED MINIMUM RENT: Annual: $ 20,000.00 Monthly: $ 1 ------------ - - - - -- Annual Per Square Foot: $ 4.57 ADDITIONAL RENT: 1. Proportional share of cost of maintaining common areas, - -- - - - - -- plus 10% overhead. (Estimated in advance and adjusted annually.) 2. $437.50 annually in equal monthly installments for Lessee's share of insurance costs. 3. Water service at the rate of $60 per annum. 4. Proportional share of any increase in property taxes or assessments assessed against shopping center over and above the amount payable for 1971. 5. All utilities paid by Lessee. CURRENT MONTHLY RENT: Fixed: $ 1 Taxes: $ 0.00 -------------- - - - - -- Insurance: $ 36.46 Common Area: $ 54.70 Water: $ 5.00 Year: 1983 Total Monthly Rent: $ 1,762.83 Total Annual Projected: $ 21 Annual Projected Cost Per Square Foot: $ 4.$4 MAINTENANCE: Lessee shall keep the premises in 'good repair, including -- maintenance, servicing, and replacement of plumbing, sewage, heating and hot water, air conditioning, ventalating, fire prevention and electrical systems, fixtures and equipment, interior walls, external and internal doors, ceiling, floor' covering, and windows. Lessor shall keep the foundations, outer walls, roof, downspouts and gutters in good repair. ALTERATIONS: Alterations by permission of Lessor. INSURANCE: By Lessee: Workers' Compensation of $100,000 Comp General - - - --- Liability of $500,000 each occurrence, $250,000 per person for bodily injury and $100,000 for property damage liability in names of both Lessee and Lessor. Property insurance for personal property for at least 80% of contents. By Lessor: Fire, windstorm, and extended coverage insurance. Lessee to pay by fixed monthly charge. vouunnc naerouai Lorporahon M5 101h Avenue, New York, NY 1U151 212 758 -7200 T GOLDOME October 12, 1984 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, ;YIN 55430 Re: Brooklyn Center Liquor Store #3 Northbrook Shopping Center Brooklyn Center, MN Gentlemen: You occupy the above premises pursuant to a lease - between us dated August 26, 1971 ("Lease"), the term of which expires, but for this Agreement, on November 30, 1984. We mutually agree that the term of said Lease is hereby extended so as to expire on December 31, 1985, All of the terms and conditions of the Lease shall remain in full force and effect during the extended term. Please have a duly - authorized signatory of the City of Brooklyn Center execute and return this Agreement Y Bement to us at our earliest convenience. Very truly yours, GOLDOME NATIONAL CORPORATION By: Executive Vice. President Above Agreed to: CITY OF BROOKLYN CENTER By By TWIN CITY.METRO AREA OPERATING CABLE SYSTEMS RATE COMPARISON FRANCHISE BASIC PREMIUM Fridley $10.00 $11.00 Bloomington 10.00 (Oct. 12) 11.00 St. Louis Park 7.95 (10.00) 11.00 Minneapolis 10.95 9.95 Southwest 10.50 8.95 • Anoka 10.95 10.95 Apple Valley 10.50 10.95 Columbia Heights 11.95 10.95 North Suburban 7.95 10.75 * — �'. � Northwest 8.45 6.95 Ramsey - Washington 8.45 12.95 *Includes 50� charge for guide. ZENITH SWITCHOUT PROCESS 1. Zenith subscribers are contacted by phone to arrange for an appointment for a switchout. The time is their choice. 2. One of our switchout reps arrives at the home at the appointed time and completes the changeout. 3. At the time our switchout supervisor feels as though he has changed out all Zenith users, we pull a report listing all current Zenith subs in the particular City. As the reps changeout houses, the data is entered into the computer so it stays current. 4. Those that were missed, those we could not contact, and those homes were we could not gain access appear on that computerized list. Letters are sent to each of those addresses advising them of • our need to changeout their converter. O. All Zenith subscribers who have not contacted us within approximately 1 week: of reci ept of the letter are sent another letter notifying them of the date their service will be interrupted unless 'vie can give them a new converter. 6. On the date indicated, service is d- tscontinued. Switchout.reps will be placed on stand -by for that evening to ma[-. changeouts in those homes where we were unable to make the change. t f . CUSTOMER INFORMATION AS OF SEPTEMBER 21, 1984 Basic Services Number Universal 241 Family - no remote 189 Family - with remote 64 Basic - no o v c n erter 44 Basic - no remote 3,382 Basic - with remote 21,238 Additional Outlets Number Family Service 12 Basic Service 2,217 Basic Service with remote 2,370 Cable Ready g FM 1,078 VCR 307 TOTAL 5,993 I Premium Services Number HBO 16,016 Showtime 11,388 The Movie Channel 9,881 Cinemax 2.,217 Disney 2,139 Bravo $16 TOTAL 42,457 Premium Services Number 1 - Pay 8,995 2 - Pay 4,370 3 Pay 7,044 4 - Pay 714 5 Pay 111 6 - Pay 30 REVENUE INFORMATION The monthly revenue reports were not available at the time this report was prepared. However, all revenue information will be provided at the commission meeting on October 18. COMPANY MARKETING REPORT CUSTOMER INFORMATION AS OF SEPTEMBER 21, 1984 City Current Month Previous Month Brooklyn Center 3,162 3,075 ,3 S y© Brooklyn Park 5,846 5,448 Crystal 3,086 3,057 Golden Valley 2,212 2,013 Maple Grove 3,380 3,157 New Hope 2,486 2,278 Osseo 249 20$ Plymouth 3,398 3,143 Robbinsdale 1,438 1,402 TOTAL 25,257 23,781 NUMBER OF HOMES PASSED AS OF SEPTEMBER 21, 1984 Brooklyn Center 6,918 Brooklyn Park 10,049 Crystal -7,398 Golden Valley 6,924 Maple Grove 7,381 New Hope 5,037 Osseo 805 9 Plymouth 7,206 : 4,896 TOTAL 56,614 The Company is experiencing a penetration rate of approximately 42% with vacants and voids, - and.44.5% without- vacants and voids on closed out sales routes. Our pay penetration rate is 168 %. Licenses to be approved b _the City Council on 14ovember 5, 1984 PP Y Y COMMERCIAL KENNEL LICENSE Daisy May Dog Grooming 6830 Humboldt Ave. N. Northbrook Animal Hospital 413 66th Ave. N. Sanitarian MECHANICAL SYSTEMS LICENSE Hale Company, Inc. 1450 W. County Rd. C LeVahn Brothers 3200 Penn Ave N. Buildi Official TAXICAB LICENSE ` Suburban Yellow Cab 127 1st Ave. 14E ChkT of Police GENERAL APPROVAL: era d• . inter, City C erk i MEMORANDUM TO: Gerald G. Splinter, City Manager FROM.. Tom Bublitz, Administrative Assistant�� ' . DATE: November 5, 1984 SUBJECT: Appointment of Canvassers It is recommended the following list of people be appointed by the Council as canvassers for the November 6, 1984 general elections Gerald Splinter, Pete Koole, Brad Hoffman, Al Lindman, Sy Knapp, Tom Bublitz, Geralyn Barone, Jim Lindsay, Will Dahn, Gene Hagel, Joe Oster, Ron Warren, and Darlene Weeks. 1 i I