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HomeMy WebLinkAbout1983 05-09 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MAY 9, a. 9 8 3 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 - April 25, 1983 7. Resolutions: *a. Receiving City Engineer's Report, Establishing Brookdale Trailway Improvement Project No. 1983 -08, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983 -G) -This item comprehends construction of the trailway through the Cty•Rd•10, Brookdale and Hwy. 100 area. b. Approving Change Order for Central Park Landscaping Project (Contract 1982 -L) -This item provides for additional landscaping in Central Park. *c. Authorizing the Mayor and City Manager to Enter into an Agreement with the Brooklyn Center American Little League Providing for Utility Service Extension to the Site -This resolution provides for the deferment of a portion of the water utility hookup charges payable by the Brooklyn Center Little League until such time as the site is more intensely developed than its present use as athletic fields. This action allows the Little League Board to extend utility service for the purpose of perma- nent restroom facility construction. 8. Consideration of an Amendment to the March 14, 1983 City Council Motion Permitting the Use of Explosives in Brooklyn Center by Layne Minnesota Company -This amendment allows for on -site storage of blasting materials in accordance with established federal regulations and the waiver of prior notification of resi during blasting operations._ CITY COUNCIL AGENDA -2- May 9, 1983 9'. Consideration of Permit for Use of Explosives in Brooklyn Center by Howe, Inc. 10. Planning Commission Items (7:30 p.m.): a. Planning Commission Application No. 83013 submitted by Stanley T. Hahn for a preliminary plat approval to sub - divide into three lots the parcel of land lying between Grimes and Halifax Avenues North, north of 69th Avenue North. The Planning Commission recommended approval of Application No. 83013 at its April 28, 1983 meeting. b. Planning Commission Application No. 83014 submitted by First Federal Savings & Loan for site and building plan approval to construct a building addition and five lane drive -up canopy on the east side of the building. The Planning Commission recommended approval of Application No. 83014 at its April 28,,1983 meeting. C. Planning Commission Application No. 83015 submitted by First Federal Savings & Loan for a variance from Section 35 -700 to allow a 4' side greenstrip adjacent to the southeast property line rather than the 15' green area required by ordinance. The Planning Commission recommended approval of Application No. 83015 at its April 28, 1983 meeting. d. Planning Commission Application No. 83016 submitted by Glen E. Schutz for a special use permit to operate a small engine repair home occupation in the garage of the residence at 3801 72nd Avenue North. The Planning Commission recommended approval of Application No. 83016 at its April 28, 1983 meeting. 11. Discussion Items: a. Preliminary Review of 1983 Board of Equalization Meeting Scheduled for June 6, 1983 b. Park Grand Opening -The ceremony for the park system dedication is scheduled for Sunday, June 12, 1983 at 7:00 p.m. C. Park Regulations -The staff will be prepared to discuss this item at the meeting. 12. Gambling License Application - Application for Class B Gambling License from Brooklyn Center American Little League (requires majority vote of City Council to pass) - Waiver of the $10,000 fidelity bond (requires unanimous vote of the City Council to pass) *13. Licenses 14. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF H NNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 25, 1983 CITY HALL GALL TO ORDER The BrooK!yH Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Fa or - bean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, Mr. John Dean, representing the City Attorney's Office, Public Utility Superintendent Craig Hoffmann, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Thompson of the Lutheran Church of the Triune God. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum session this evening from Mrs. Sue Pavlak, 2800 63rd Avenue North. The Mayor informed Mrs. Pavlak that the item she wish discuss the agenda, and he suggested moving wished to cu s was on ag gg g the item ahead on the agenda so that those present could address the Council with their comments. DISCUSSION ITEMS E71DI OF BM= CETTER WATER RESCUE CAPACITY The City Manager explained that the report prepared by the City staff is intended to gather facts and answer the questions raised regarding the City's water rescue capability. He referred Council members to a memorandum from the Director of Public Works regarding the water depths in Shingle Creek through the Central Park area. He explained the deepest section of the creek is 7.8' and that the dredging of the creek was intended to create a level of 6' to 7' but that these areas had silted in somewhat since the dredging. He added that the City staff will expand on the water depth stud y in a more detailed fashion. The City Manager reviewed several staff recommendations concerning short -term and long -term recommendations for improving the City's water rescue capacity. He explained that the staff is recommending a number of items including expanded educational programs for school children, development of a signing system, use of a sonar unit for locating drowning victims and the purchase of diving equipment. He also noted that the staff plans to work in conjunction with North Memorial medical staff to keep informed of the newest techniques and information with regard to water rescue capability. He added that the staff is also planning to work with Hennepin County and other communities to coordinate and expand expertise in the area of water rescue, and also to develop an on -going system of communications with municipal emergency rescue services and other agencies involved in emergency rescue. 4 -25 -83 -1- Mayor Nyquist requested the City Manager to comment on the capabilities of other cities with regard to water rescue. The City Manager commented that municipalties generally have similar equipment and approaches to water rescue. He pointed out that most cities do have rescue boats and pointed out that the City's boat is rather difficult to dive from, and that because of the lower horse power engine it is difficult to go against the current on the Mississippi River. He also pointed out that the City's boat has a V shaped hall and that it would be advisable to look at a flat bottomed boat that can better handle rescue and search operations. He explained Hennepin County has a large 18' boat for its water rescue, but he pointed out, he would recommend a smaller boat for Brooklyn Center. Councilmember Hawes inquired whether North Memorial has any ambulance rescue units within the area. The City Manager explained that they have units near the Cub Food Store in Brooklyn Park and also at North Memorial. Councilmember Theis asked whether or not anything could be done with signing on an interim basis. The City Manager commented on his concerns with regard to signing and explained that the important elements to look at are the notice the sign gets and also the amount of vandalism experienced. He added that in order to be effective the sign must get noticed and that it also must be difficult to vandalize. He added that the City could put up something on an interim basis but that, in his opinion, other measures such as rescue and education are more important. Councilmember Scott inquired whether anything was being pursued with the Officer Friendly program. The City Manager explained that both the police department and fire department have programs in the schools, and that a water safety °unit is being added to both programs. Mayor Nyquist recognized Mrs. Sue Pavlak, who addressed the Council and thanked the City Manager for his notification of this evening's meeting, and also the staff report on the City's water rescue capabilities. She explained that she had spoken with Mr. Bill Chandler at Hennepin County and that he noted to her that the official log time for the call to Hennepin County, with regard to the drowning incident in March, was 12:19 p.m. which was a 10 minute difference from the time reported in the City Manager's report. Mrs. Pavlak then reviewed her information concerning the cost of diving equipment and quoted figures of $1 , 000 to $1,400. She explained she had talked to Mr. Bob Kay of Anoka County and that he was satisfied with their diving equipment. She added that the cost figures she quoted were from the Underwater Schools of America. She also noted that, in her discussion with Mr. Kay, he indicated that Anoka County would be willing to assist Brooklyn Center in developing a water rescue program. She also noted that, in her discussions with Hennepin County law enforcement personnel, they commented to her that the dragging done before the diving unit arrrived creates problems and disturbs the water making it more difficult for divers to see. In summary, Mrs. Pavlak requested the City Council to also review other areas in the City, including the Arboretum iinen they are discussing water safety and water rescue. She added that she believes the recommendations in the City Manager's report are advantageous to the City. Mrs. Pavlak deposited with the City Clerk several catalogs describing diving equipment and costs. There was a motion by Councilmember Theis and seconded by Councilmember Ihotka to authorize the City staff to draft a Resolution for the Farchase of Sonar Equipment 4 -25 -83 -2- and Additional Diving Equipment for the City's Fire Rescue Personnel. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSENT AGENDA Mayor hlyquist inquired if any Council members requested any items removed from the Consent Agenda. The City Manager requested that item 10a be removed from the Consent Agenda and pointed out that this item was mistakenly put on the Consent Agenda. Councilmember Lhotka requested items 8e and 8h be removed from the Consent Agenda. Councilmember Theis requested item 8d be removed from the Consent Agenda and Councilmember Hawes requested item 8k be removed from the Consent Agenda. APPROVAL OF MITNTES - APRIL 11, 1983 There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of April 11, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL - MAE H. LENT ADDITION There was a motion by CouncMe' tuber Lhotka and seconded by Councilmember Hawes to approve the final plat of the Mae H. Lent Addition located at 55th Bryant Avenue North (Planning Commission Application No. X46). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RE SOLUTIONS RESOLUTION NO. 83 -66 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -I (PARK SHELTER IMPROVEMENT PROJECT NO. 1982-17) The motion for the adoption of the foregoing resolution was duly seconded by Bill Hawes and upon vote being taken Cher A g eon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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. 83 -67 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF 250 WATER DIETERS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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. 83 -68 Member er ene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE �=D BERS OF THE BROOKLYN CENTER ELDERLY HOUSING PROJECT COMMITTEE 4 -25 -83 -3- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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. 83 -69 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR FINE AGGREGATE FOR SEAL COAT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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. 83 -70 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MATERIALS The motion for the adoption of the .foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DECLARATION OF SURPLUS PROPERTY There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to declare as surplus the list of items submitted by the City Clerk for sale at public auction or advertised sale. Voting in favor: Mayor Nyquist, Councilmembers Lhotka Scott, Hawe none. n s, and Theis Voting against: no e The motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE LICENSE - OPERATOR Denny's Inc. 3901 Lakebreeze Ave. N. CIGARETTE LICENSE Denne's Market 6912 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Brook Park Baptist 4801 63rd Ave. N. Burger King 6110 Brooklyn Blvd. Donaldson's Brookdale Center Hickory Farms Brookdale Center Kentucky Fried Chicken 5512 Brooklyn Blvd. 4 -25 -83 -4- Red Owl Stores, Inc. 215 E. Excelsior Ave. Brookdale Country Store 5425 Xerxes Ave. N. Country Store 3600 63rd Ave. N. Rocky Rococo Brookdale Center MECHANICAL SYSTEMS LICENSE Commercial Air Conditioning, Inc. 2200 Niagara In. Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd. Dependable Heating & Air Cond. 2615 Coon Rapids Blvd. Owens Service Corporations 930 E. 80th St. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Ford 2500 County Rd. 10 Bob Ryan Oldsmobile 6700 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Sound of Music 5717 Xerxes Ave. N. RENTAL DWELLING LICENSE Initial: Norman D. Sorenson 5432 Dupont Ave. N. Carol & Gary Meinke 3601 47th Ave. N. Renewal: Boyer Palmer 6101 Beard Ave. N. James & Bobbie Simons 6109, 11, 13 Beard Ave. N. Earl James Backer 6018 Brooklyn Blvd. Henry & Juanita Holm 5206 Drew Ave. Thomas B. Egan 5239, 41 Drew Ave. N. R.J.S. Properties 5240 Drew Ave. N. Jeffrey K. Vest 5557 Knox Ave. N. Gerald & Elaine Theis 6719 Toledo Ave. N. Cosmopolitan Apartments 3401 -3413 47th Ave. N. Quality Investment Co. 3513 47th Ave. N. Robert Huber 3613 47th Ave. N. Donald E. Sobania 3701 47th Ave. N. Nordic Properties 3713 47th Ave. N. L. H. Hanggi 3725 47th Ave.N. Mrs. Emilia Krzesowiak 3001, 07 51st Ave. N. SIGN HANGER'S LICENSE Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SWIMMING POOL LICENSE Earle Brown Farm Apartments 1701 -07 69th Ave. N. Spa Petite 5615 Xerxes Ave. N. Brookdale Ten Apartments Hwy. 100 & 53rd Ave. . Hi Crest Apartments 1300 67th Ave. N. Northbrook Apartments 1302 69th Ave. N. Northlyn Apartments 6511 Humboldt Ave. N. Four Court Apartments 2836 Northway Drive 4 -25 -83 -5- Voting in favor: Mayor Nyquist, Coancilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Accepting Bid and Approving Contract 1983- D (63rd Avenue Water Again Improvement Project No. 1983 -02). The Director of Public Works referred Council members to several memorandums prepared by staff regarding the consideration of bids received for contract 1983 -D (63rd Avenue North Water Main Improvement). The Director of Public Works stated that, based on the information presented in the memorandums, he recommends the contract be awarded to the second low bidder. Councilmember Theis inquired whether the Director of Public Works had discussed with the contractor the past performance situation contained in the staff memorandum. The Director of Public Works stated that he has not discussed the situation with the contractor since the bids were opened but noted that he has had previous experience working with the Minn -Kota Excavating Inc. in his previous capacity as Director of Public Works for the City of St. Cloud. Councilmember Theis then asked at what level were the problems experienced with the contractor. The Director of Public Works stated that the problems were at the management level and also concerned the contract performance. Councilmember Theis requested the Director of Public Works to comment on the inspectionn, costs related to a project of this nature. The Director of Public Works stated that the normal inspection costs for a project of this type are from 3% to 5% but that if it is a problem project the inspection costs can double or triple. Councilmember Lhotka stated that he was in favor of the staff recommendations regarding the project. RESOLUTION NO. 83 -71 Member Gene Lhot introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -D (63RD AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1983 -02) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. Mr. John Dean, representing the City attorney's office, suggested that the Council ask if there is anyone present from Minn -Kota Excavating Inc. who would like to address the Council. Mayor Nyquist then inquired if there was anyone present from Minn -Kota Excavating Inc., and subsequently recognized an individual who stated that he was representing Minn -Kota Excavating Inc. He stated that he had received a memorandum prepared by the staff concerning the consideration of bids for the contract but that he had not had time to review them. He stated he feels that the company can complete the project according to the specifications and on time, and that Minn-Kota Excavating Inc. did submit the bid in good faith and is prepared to meet the liabilities with regard to the completion of the project. Upon vote being taken on the resolution, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was duly passed and adopted. 4 -25 -83 -6- The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing Lions Park Tennis Court Improvement Project No. 1982 -21, Phase II, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983 -F) . Co Scott inquired what the total cost of the tennis courts in Lions Park would be. The City manager explained the cost of the soil correction work was $19, 000 and that the estimated cost of the construction of the courts would be $28,000 for a total estimated project cost of $47,000. He added that this cost includes two tennis courts, a ball wall, and an asphalt area around the ball wall. RESOLUTION N O. 83-72 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY m , m T T T TY ENGINEER'S S REPOR , ESlABLISHITrG LIOPIS PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1982 -20, PHASE II, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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. 83 -73 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3 TO CONTRACT 1982-M (PA-UM LAKE BASIN IMPROVEMENT PROJECT NO. 1982 -25) 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 1 Gene Lhotka, 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. 83 -74 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1983 -07 (CIVIC CENTER HVAC SYSTEM IMPROM1ENTS) AND APPROVING PURCHASE OF COILS FOR HEAT EXCHANGE SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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 1983 Budget and pointed out that the resolution would provide for the addition of a third computer terminal and printer in the police department. Councilmember Lhotka inquired whether the equipment was a necessity in the police department. The City Manager explained that the equipment is needed now and noted that as the operator looks at the screen 4 -25 -83 -7- the data must be entered in sequence. He added that the dispatchers are often interrupted in their work at the screen and it takes between 5 and 15 seconds to paint an entire screen. He pointed out that, because of the many disruptions on the current equipment, it is necessary that the dispatchers have a terminal in their work area. RESOLUTION NO. 83 -75 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1983 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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 h;anager introduced a Resolution Accepting Quotations and Authorizing Purchase of Park Storage Buildings. He pointed out that the resolution comprehends two storage buildings for Central Park as part of the park bond improvements. Councilmember 1hotka inquired where the buildings would be located. The City Manager explained the buildings would be located near the softball and baseball diamonds. RESOLUTION NO. 83 -76 vi maer (, 7coTE the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING PURCHASE OF STORAGE BUILDINGS FOR CENTRAL PARK The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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 for Plant- r"ixed Bituminous Mixtures. Councilmember Hawes inquired whether the asterisk indicated on the resolution should refer - to the bid by Commercial Asphalt or by Bury and Carlson, as indicated on the resolution. The Director of Public Works stated that the reference to Bury and Carlson by the asterisk is a typographical error and that the asterisk should refer to Commercial Asphalt Company. RESOLUTI NO. 83-77 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR PLANT -MIXED BITTUMINOUS MIXTURES The motion for the adoption of the foregoing resolution was duly seconded b g g e Y Y member Rich Theis, and upon vote being taken thereon, the following voted in favor therof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 -25 -83 -8- RECESS The Brooklyn Center City Council recessed at 8:03 p.m. and reconvened at 8:25 p.m. FINAL PLAT — BROOKWOOD RESIDENCES The City TTanager explained that the final plat is the subdivision of vacated T.H. 100 right of way and adjacent properties to provide for the elderly housing development project. The Director of Public Works reviewed the preliminary plat conditions approved by the City Council at its March 14, 1983 meeting. He explained that the plat is in order meeting conditions Nos. 1 , 2, and 6, and that the Brooklyn Center Housing and Redevelopment Authority has authorized execution of the development contract with the developer as required by condition Teo. 4. He pointed out that the Fremont Avenue North will be vacated by ordinance and will be considered later in this evening's agenda. He added that approval of the ordinance would meet the requirements of condition No. 5• lie added that to date the condominium association documents necessary for the development of lots 2 and 3 have not been submitted for review and approval by the City Attorney. He added that it is recommended the City Council waive these conditions for plat approval since this is a responsibility of the Brutger Company. He explained that in doing so the City will deliver the Erut er and et platted parcels in accordance with the contractual ag reement with g y retain control over the orderly development of the site by requiring administrative review and approval of necessary documents prior to the issuance of building permits. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the final plat of Brookwood Residences located within vacated T. H. 100 and adjacent properties (Planning Commission Application No. 83005) subject to the following conditions: 1. Preliminary plat- requiring condominium association io n documents for Lots 2 and 3 be subject to review and approval by the City Attorney is waived. 2. The requirement that the Brooklyn Center Housing and Redevelopment Authority shall enter into a contract with the developers stipulating condominium form of ownership for Lots 2 and 3 prior to final plat approval is waived. 3. Building permits shall not be issued until the final plat has been filed at the County Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES N ORDI UFCE VACATING FREMONT AVENUE NORTH FROM 62ND AVENUE NORTH TO F.A.I. 94 The City Nianager introduced the ordinance and explained that the public hearing on the ordinance was continued from the April 11, 1983 meeting to this evening's meeting. He referred Councilmembers to a letter dated April 25, 1983 from Mr. John Dean to the Assistant City Engineer. He added that the City Attorney's office is recommending the Council proceed as planned and adopt the street vacation ordinance. He added that the City Attorney recommends the vacation ordinance should not be effective until April 28, 1983 so that the quick take on parcel 10 will be in place. 4 -25 -83 -9- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Portion of Fremont Avenue North from North Lilac Drive to U.S. Highway 94. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Vacating a Portion of Fremont Avenue North from North Lilac Drive to U.S. Highway 94• Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83 -7 Member Gene a introduced the following ordinance and moved its adoption with the condition that section 2 of the ordinance be amended to state that the effective date of the ordinance will be April 28, 1983: AN ORDINANCE VACATING A PORTION OF FRFa %1ONT AVENUE NORTH FROM NORTH LILAC DRIVE TO U.S. HIGHWAY 94 The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same. none, whereupon sa:id ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAI�TD TM - City Manager introduced the ordinance and explained that the property referred to in the ordinance is located in the elderly housing project area and that the ordinance was first read on March 14, 1983, published on March 24, 1983 and is recommended for a second reading this evening. He added that a public hearing on the ordinance has been scheduled for 8:00 p.m. this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Land. He inquired if there was anyone present who tiished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There iTas a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Land. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83--8 Member Bill Hawes introduced the following ordinance and moved its adoption with the condition that section 3 of the ordinance be amended to state that the effective date of the ordinance will be April 28, 1983: AN ORDINANCE AMEE DDING CHAPTER 35 RjBARDTNG THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member 4 -25 -83 -10 Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: CD Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. AN ORDIPIAt?C VACATING DRAINAGE A ND UTILITY EAShI'IT11ITS ALONG THE EASTERLY AND WES`l'I IY LOT LIT ES OF LOT 5, FLOCK 1 , I?A.FE BROt� iI FIRST ADDITION -- Fe i y Iianager introduced the or inaYice and explainer - 11 wa s - read on March 28, 1983, published on April 7, 1983 and is recommended for a second .reading this evening. Ile added that a public hearing on the ordinance has been scheduled for 8:00 P.M. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Drainage and Utility Easements along the Easterly and Westerly Lot Lines of Lot 5, Block 1, Earle Brown First Addition. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Vacating Drainage and Utility Easements along the Easterly and Westerly Lot Lines of Lot 5, Block 1, Earle Brown First Addition. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE 110. 83 -9 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING DRAINAGE ATTD UTILITY EASE n, TIT ALONG THE EASTERLY AVID WESTERLY LOT LINES OF LOT 5, BLOCK 1, r1 BROWN FIRST ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. COI\TSIDFRATION OF SPECIFIED LICF1gSES - Oil -SALE INTOXICATING LIQUOR LICENSE FOR C.A. � �, — The City Manager explained that the approval of the license would be conditioned upon the sale of T"eriwether's Restaurant from General Foods to C.A. Maer. He referred Council members to a memorandum from the Chief of Police regarding the recommendations for approval of the license. He pointed out that the staff is recommending that the Council grant approval of the liquor license conditionally upon the submittal of two points of information and their approval by the Police Department. He added that, when a certified copy of the actual sale and the financing information required by the Police Department for investigation have been submitted to the City, and approved, the staff would then send an update with this information to the City Council. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the liquor license application for C.A. Muer (Meri wethe r I s Restaurant) with the following conditions: 4 -25 -83 -.l.l- 1. A certified copy of the actual sale of the restaurant must be submitted to the Brooklyn Center Police Department. 2. A certified copy of the financing information required by the Police Department for its background investigation must be submitted to the Brooklyn Center Police Department and subsequently approved by the Department. Voting in favor: Mayor Nyquist, Counci.lmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION OF LIQUOR STORE FINANCIAL STATEIVIM1T layor Nyquist reviewed the financial statement for the City's liquor stores for the first quarter and pointed out that the profit in the stores is only $4,000, which is down from $12,000 for the same quarter last year. He commented that this does not appear to be a good return on such a large investment. The City Manager commented that the first quarter is typically the slowest part of the year for the stores and that on an annual average the liquor stores add $120,000 to the City's general fund. ADJOIJIM1 There was a motion by Councilmember Zhotka and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unani.mouL91y. The Brooklyn Center City Council adjourned at 8:25 p.m. Clerk Mayor 4 -25 -83 -12- Member introduced the following resolution and moved its adoption: RESOLUTION NO. t_.. RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING BROOKDALE TRAILWAY IMPROVEMENT PROJECT NO. 1983 -08, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 19 83 -G) WHEREAS, the City Council has received a report from the City Engineer regarding the feasibility of completing the construction of the Regional Trailway System in Brooklyn Center through the construction of the Brookdale Trailway at an estimated cost of $53,130.00; and WHEREAS, the City Council deems it necessary and in the best interests of the City of Brooklyn Center to complete said improvement: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following improvement is hereby established and ordered constructed: BROOKDALE TRAILWAY IMPROVEMENT PROJECT NO. 1983 -08 3. The plans and specifications for said improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not .less than Pp a seven ("l) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on 1983, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on 1983, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City for 5 percent of the amount of such bid. 5. The Finance Director is authorized and directed to appropriate $53,130.00 from the City's Municipal State Aid Construction Account (Fund Balance 2600) to finance the project. r RESOLUTION M. i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. F { ~ CITY OF 6301 SHINGLE CREEK PARKWAY art R 0 0 BROOKLYN CENTER, MINNESOTA 55430 I&E-L'L TELEPHONE 561 -5440 CEN Eitt EMERGENCY- POLICE -FIRE ° 911 ENGINEER'S REPORT PROJECT 1.983 --08 PROJECT DESCRIPTION: Concrete Trailway Construction PROJECT LOCATION: Within Brookdale Center from T.H. 100 Pedestrian Bridge to C.S.A.H. 10 adjacent to Pyramid Gas Station and Ground Round Restaurant DISCUSSION: Proposed Brookdale Trailway Improvement Project No. 1983 -08 provides .for completion of the final major segment of the Regional Trailway System within Brooklyn Center. The proposed project provides for construction of a 10 foot wide concrete trail from the pedestrian bridge over T.H. 100 (currently under construction and scheduled for completion this fall) to C.S.A.H. 10 at Shingle Creek Parkway. The trail will be located within easements (previously secured) adjacent to the Pyramid Gas Station, Dayton's Garden Store, and Ground Round Restaurant. This project includes construction of new concrete curb and gutter adjacent to the trail, at the relocated easterly edge of the Brookdale "Perimeter Road ". Fun ding Consideration It is proposed that funds be allocated from the local Municipal State Aid Construction Account (Fund Balance 2600) to provide for construction of the project. This account is controlled by the City Council, and no reimburse- ment of funds from an outside source is available. A summary of the estimated costs is as follows: Construction Cost $42,000.00 Contingencies (15% of Construction Cost) 6 Subtotal Construction Cost $48,300.00 Engineering Cost (9 0 /0' of Construction Cost) 4,350.00 Administrative Cost (1% of Construction Cost) 480 .00 $53,130.00 The proposed improvement project, as described in this report, is feasible under the conditions outlined and at the costs estimated. Respectfully submit ed, �b Member introduced the following resolution and moved its adoption: RESOLUTION NO. .f RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1982 -L (CENTRAL PARS: IMPROVEMENT PROJECT NO. 1982 -24) WHEREAS, the City Council entered into Contract 1982 -L with Fair's Garden Center, for the completion of Improvement Project No. 1982 -24; and WHEREAS, the City Engineer has recommended thdt certain modifications be made to the contract to provide for the completion of all aspects of the proposed Central Park landscaping improvement, said modifications being as follows: Amount - Add - 100 - 2 -1/4" Fleeceflower (@ $1.00 each) $ 100.00 - Add - 75 - 2 Gal Snowberry (@ $10.00 each) 750.00 - Add - 3 - 8' Scotch Pine (@ $130.00 each) 390.00 - Add - 2 - 3" American Linden (@ $170.00 each) 340.00 - Add - 2 - 2" Autumn Purple Ash (@ $100.00 each) 200.00 - Add - 24 c.y. woodchip mulch (@ $10.00 c.y.) 240.00 - Add - 2,000 - 2 -1/4" Wineleaf Potentilla 2,000.00 (@ $1.00 each) $4,020.00 WHEREAS, the Contractor, Fair's Garden Center, has agreed to the prices for the modifications as noted above: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the above modifications to Improvement Project No. 1982 - 24 are approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to execute the attached Change Order in the amount of $4,020.00. 2. There is appropriated the sum of $4,020.00 for the additional costs, said appropriation to be financed by Capital Projects Fund (Division 47). Date Mayor ATTEST: Clerk } 1 RLSOLUTION 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. C0N T rACT C H , .'1GE CRO:.R EST CONTRACTOR: CHANGE ORDER NO. 0 CONTRACT DATE: -Eaj. _r_ ar,e C ent er OWNER'S CONTRACT NO. 1982 -L 9340 Fai Way ORIGINAL CONTRACT Mapl e Gr ove , 14N 55 369 AMOUNT $ 84,152.00 JOB: Central P Planting OWNER: City of B Center The cost of the following changes, deletions or additions to the above CONTRACT are hereby requested. AMOUNT OF DESCRIPTION OF THE CHANGES INCREASE IXHRFAR - Add - 100 - 2 -1/4" Fleeceflower (@ $1.00 each) $ 100.00 - Add - 75 - 2 Gal Snowberry (@ S10.00 each) 750.00 Add - 3 - 8' Scotch Pine (@ $130.00 each) 390.00 - Add - 2 - 3" American Linden (@ $170.00 each) 340.00 - Add - 2 - 2" Autumn Purple Ash (@ $100.00 each) 200.00 - Add - 24 c.y. woodchip mulch (@ $10.00 c.y.) 240.00 Add - 2,000 - 2 -1/4" Wineleaf Potentilla (@ $1.00 each) 2,000.00 The amount of the contract shall be (INCREASED) $ 4,0 2 0.00 Prepared by: BR/`,UER �� A$S0C�P;. ES, INC. CONTRACTOR APPROVAL: BY_ ' 7 =_-- -_ Fair's Garden Center DATE: 19 t�5 BY T — � °� OWNER APPROVAL : DATE 19V City o Brooklyn Center BY BY WE GATE _ B &A 44 -72 7e. Member introduced following resolution and moved its adoption: RESOLUTION No. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AGREEMENT WITH THE BROOKLYN CENTER AMERICAN LITTLE LEAGUE PROVIDING FOR UTILITY SERVICE E TO ITS SITE WHEREAS, the Brooklyn Center American Little League has applied to the City for necessary permits to connect water and sanitary sewer utility services to existing mains to provide for the expansion of facilities at its athletic field site; and WHEREAS, the City Engineer has reported to the City Council that usage at the proposed facility expansion approximates the consumption of a single family residence; and WHEREAS, the City Engineer has further reported that the athletic field site has not been previously assessed a water utility assessment: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. It is hereby determined that the Brooklyn Center American Little League facility expansion proposal approximates the water consumption of a single family residence and is therefore subject to the established single family hook -up charge of $1,780.00 ($550.00 credit j given for service extension by Brooklyn Center American Little s League) . f 4 2. The Mayor and City Manager are hereby authorized and directed to enter into an agreement with the Brooklyn Center American Little League to permit the petitioned service extension, provide for receipt of the $1,780.00 hook -up charge in conjunction with the issuance of necessary utility service extension permits, and provide for establishment of additional assessments to the property at such time as the property is more intensely developed, said assessments to be determined by the City Council at such time as development occurs. 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 '0 .�N BROOKLYN CENTER, MINNESOTA 55430 ... �. � TELEPHONE 561 -5440 C E N IL e+ EMERGENCY— POLICE —FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: May 6, 1983 RE: Utility Service Extension to American Little League Athletic Field (6000 Block of Vincent Avenue North) . The Brooklyn Center American Little League has applied for water and sanitary sewer utility service extension at its athletic field facilities at the 6000 block of Vincent Avenue North (south of Garden City Park by Shingle Creek). Upon review of our files it was determined that no water main assessment had been levied against the property, since water main extension terminates southerly of the property. Upon hookup to the City system, the property would be responsible for its fair share of supply, storage, and transmission costs in accordance with established City Ordinances. Further review of the proposed facility expansion (addition of restrooms) results in the determination that water consumption will be approximately equal to the consumption of a single family residence when pro- rated over a full 52 week year. As a result, the staff considers it appropriate that the Brooklyn Center American Little League be charged the standard $1,780.00 single family hookup charge (allowing a $550.00 credit for service extension to be completed by the Little League). In addition the staff advises that the City Council authorize the Mayor and City Manager to enter into agreement with the Little League acknowledging their responsibility for payment of the hookup fee and providing for establishment of additional water assessments against the property in the event the present 0 -1 zoning designation is eliminated and a more intense development occurs. A resolution for this purpose is provided for consideration by the City Council. Respectfully submitted, CITY OF 6301 SHINGLE CREEK PARKWAY OF _ 9 Rooy7v �T BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C E N R _. EMERGENCY - POLICE -FIRE . - 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: May 6, 1983 RE: Blasting Permit For Well No. 9 Attached herewith is a letter of response from Layne Minnesota Company regarding the conditions placed upon the City Council's blasting permit for Well No. 9 development. Upon review of the contractor's claim regarding advance notice to adjacent property owners at times of blasting, the staff agrees that advance notice may invite inappropriate claims b homeowners. Since blasting will ta y g e place at a depth of 300 feet, repercussions should not be felt at the surface. Therefore, the staff recommends that condition number 7 be deleted in entirety. y The contractor further requests that authority rity be given to store blasting materials eriais on the site for the blasting operations. As stated ' g p in the letter, on site storage of blasting materials is not prohibited under applicable state and federal codes. Attached are pictures of the storage vessel to be placed on the site if authorization is given. The vessel weighs approximately 2 tons and cannot be lifted without the aid of heavy construction equipment, and it is considered nearly tamper -proof due to the lock /hasp protection shield. In consideration of the fact that applicable codes do provide for, -an -site stor age of blasting materials, and that transport of blasting materials to an from the sit e a tT�sting may provide greater opportunity for loss of materials, the staff recommends the contractor be al log -, to store blasting materi als,on___the _ site._.dur__i -ng the bias i.nd___operation. It - is further recommended that the City Engineer and Chief of Police be au horized to approve the proposed location of the storage vessel to insure all code requirements are met. No signage of the area is recommended, since such action could invite vandalism. Finally, in granting on -site storage of blasting materials, it should be specified that storage of blasting caps will not be permitted. Respectfully submitted, f{ vv CONDITIONS REGULATING DISCHARGE OF EXPLOSIVES IN BROOJ<LYN CENTER, MINNESOTA 1. The permit is issued to Layne Minnesota Company for use in the development of Brooklyn Center Water Supply Well No. 9 only and is non- transferrable. 2. Only qualified and licensed personnel will be authorized to undertake blasting operations. 3. Blasting operations shall be limited to the hours of 9:30 A.M. to 5:00 P.M. Monday through Friday. No blasting operations will be permitted on Saturday or Sunday. 4. Use of blasting materials to aid in drilling the well through soil forma- tions overlying the aquifer is prohibited. 5. The maximum shot size for any single detonation shall be 10 pounds. 6. Layne Minnesota Company shall notify the Brooklyn Center City Engineer and Chief of Police 24 hours in advance of all blasting operations. 7. Layne Minnesota Company shall notify all residences within 200 feet, 24 hours in advance of all blasting operations. 8. Storage of blasting materials on the site is prohibited. 9. Layne Minnesota Company shall comply with all applicable federal, state, and local codes governing the handling and use of explosives. 10. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire December 31, 1983. Note These conditions were specified by the City Council in conjunction with permit approval (by motion) on March 14, 1983. � `"' • WATER WELLS WATER TREATMENT `" `"`: LAV " ; „E r r� b: S ”' � t • PUMPS • DRILLED PIER FOUNDATIONS 3147 CALIFORNIA ST. NE F MINNEAPOLIS MN 55418 (612) 781 -9553 Apri 1 8, 1983 C i City of Brooklyn Center , 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 ATTN: Jim Grube RE: Water Supply Well No. 9 f I 2 Dear Mr. Grube This letter is in responce to Gerald Splinter's letter of March 21, regarding the blasting permit and the conditions that are to be made a part of that permit. As we discussed earlier this week, we have no problem with any of the conditions as outlined except the conditions listed as No. 7 and 8. We would request that you review these two conditions for the following ( reasons: Under condition No. 7, experience has dictated that if people are notified in advance of blasting operations (regardless of how minute they may j be) the incidents of claims for damage tends to skyrocket. Generally 1' speaking, most of the claims are dismissed eventually (after expensive I investigation) as having been pre- existing conditions. We have III discussed this condition with our insurance company and they have requested that if this condition is to be made a part of our agreement i that they be allowed to inspect, survey, and photograph all of the residences that would be affected. It would seem to me that this j would be a entirely unnecessarily inconvenience for your residents I and a inconvenience to all parties concerned. Rest assured that we are fully insured and are more than willing to see E that all ,justified claims that might result from the blasting operation will be promptly handled. Under condition No. 8 regarding the storage of blasting materials, I think we have already agreed that the storage of some materials on the site is necessary to the construction operation. I am enclosing the Federal requirements for the storage of dynamite ( a l l o i l which we meet or exceed) and photographs of our storage vessel which has been inspected by Stale and Federal officials and,infact used as a model to show other contractors how a storage vessel should be built. 6? �Y Wortd's most complete water service organization LAYNE& POWI ER, INC. • IN1'1tC0 DEGREMONT INC • WALLACE& TIERNAN City of Brooklyn Center 2 April 8, 1983 We hereby agree that no blasting caps will be stored on the site and that the storage: will consist of the dynamite only. h T ank ou for our cons' Y y consideration of these e �, r u sts and our cooperation q P on this project. Y Sincerely, LAYNE MINNESOTA COMPANY R. H. Net Representative RN /pa I`� • WATER WELLS • WATER TREATMENT l� �� • L � R ' • PUMPS DRILLED PIER FOUNDATIONS a o aT 3147 CALIFORNIA ST. NE MINNEAPOLIS, MN 55418 (612) 781 -9553 I I i April 28, 1983 ( i 1 1 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 i ATTN: Jim Grube i RE: Improvement Project No. 1982 -30 (Well #9) Dear Mr. Grube: i In response to our phone conversation regarding the permit to discharge explosives and store explosive materials, I am providing the following clarifications and information. i j The storage unit has a weight of approximately 2 tons and will be chained to a tree on the site and we will store approximately 50 pounds in the I storage unit while we are engaged in the blasting operation. The tables i outlining the distance a storage unit is to be located away from buildings, g etc., and the amount of dynamite that may be stored based on the various I E distances is enclosed. f I trust this will provide you with the information you need at this time and if I can be of further help, please let me know. 4 Sincerely, S LAYNE MINNESOTA COMPANY R. H. Net Representative RN /pn Enclosures I i World's most cornptele water service organization LAYNE d 80WLER, INC. • iNFILCO DEG'I�EMONT INC • WALLACE & TIERNAN ,fi � , �:: ' r•NN! r. a-�n ' uciX^i rr:'zw v row b r.o ^=>aa .o ; s� i. - r c•. .i� °.. -.c wad t - .fc.o r - n4.:r crrgc• -c .:c coc ✓�c.. o -.o ` .t', ;: Sy' ,� �.., C e,F r , ! •.•.- .... °_�:: := ;.li .:�.'.i•ir'. ;NFir r:nn£��rrca �cc.d .�. ° .�r.cd7n:e 42 egam�':. rr. v. F' '.� . �' 1. _ r � � � � r it � .'.:,; 4 i . i ' x z ;? •- � � c c oc S-, r c c c ,. f, o .c o ,,..- .. o � n c c r ... „ t ,A �•� _ �. --- •-••• •-•. F. t. c,: - �; nbr rs�io i3 � Y rs .r.0 a:c c.0 ...� -' :...a Lam," S � � • - ..... n,. r..._r^motaa,z�:c.c.`6:c ? = �S r c ono oq �or,�c , +c ci c - ! � V G � g � ° u � ^�., �g ^�` -'i � } r'c ck `.� �•' c c c..: r.or- o c h.-.r .- os .n a 49:rp ,L, •L r..' 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Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant t DATE: May 9, 1983 SUBJECT: Recommended Conditions Regulating Discharge of Explosives for Howe, Inc. Section 35 -413.2 of the City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at the Howe, Incorporated facility, 4821 Xerxes Avenue.North, Brooklyn Center, Minnesota. 1. The permit is issued to Howe, Incorporated, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. Howe, Incorporated shall continue to use a two component compound', kinestik, or a similar two component compound. 3. Howe, Incorporated shall comply with all applicable federal, state and local legislation governing the transportation, storage, handling and detonation of explosives. 4. Howe, Incorporated shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to Howe, Incorporated. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire May 9, 1984. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant DATE: May 9, 1983 SUBJECT: Recommended Conditions Regulating Discharge of Explosives for Howe, Inc. Section 35- 413.2 of the City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at the Howe, Incorporated facility, 4821 Xerxes Avenue.North, Brooklyn Center, Minnesota. 1. The permit is issued to Howe, Incorporated, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. Howe, Incorporated shall continue to use a two component compound, kinestik, or a similar two component compound. 3. Howe, Incorporated shall comply with all applicable federal, state and local legislation governing the transportation, storage, handling and detonation of explosives. 4. Howe, Incorporated shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to Howe, Incorporated. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire May 9, 1984. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant I DATE: May 9, 1983 SUBJECT: Recommended Conditions Regulating Discharge of Explosives for Howe, Inc. Section 35 -413.2 of the City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at the Howe, incorporated facility, 4821 Xerxes Avenue.North, Brooklyn Center, Minnesota. 1. The permit is issued to Howe, Incorporated, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. Howe, Incorporated shall continue to use a two component compound, kinestik, or a similar two component compound. 3. Howe, Incorporated shall comply with all applicable federal, state and local legislation governing the transportation, storage, handling and detonation of explosives. 4. Howe, Incorporated shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to Howe, Incorporated. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire May 9, 1984. MEM ate: May 5, 1983 To: Mr. Splinter From: Peter Koole Subject: 1983 Board of Equalization I have enclosed the 1983 Brooklyn Center Board of Equalization books for the City Council and yourself. The data included is essentially the same as in past years with some minor modifications that I will cover at our meeting on June 6. I would also like to propose some modifications of how use handle appeals to the Board to save the Board's and staff time and provide for a more meaningful review of the properties. On the valuation notices this year we included language that asks people to call in for an appointment if they wish to review their assessment. This has worked well in managing staff time, and I believe would also work well with the Board. If, after a staff review of the assessment, an individual wishes to appeal to the Board, we are telling them they will need an appoint- ment to speak to the Board on June 6. We have done this so that we will have time to prepare a review appraisal for the Board to consider. In the past, the individual would just drop in resent his case, and then we would J p � P recommend a continuance to allow time for review and at the second meeting go through the whole process again. This was time consuming and wasteful of Council, staff and taxpayer time. This year we will be prepared to act, if at all possible, at the June 6 meeting on those cases that have made prior appointments and promptly dispose of them. We will have a separate registration for those persons who have not made an appointment to speak to the Board. The Board will acknowledge their request for review on June 6, however, they will not be allowed to make a presentation at that time. The cases will be referred to staff for contact for review and those that still wish to appear will be invited back to the continued meeting along with the staff report on their case for disposition at that time. I feel this system will be effective in conserving our limited staff time, and provide better information upon which the Council can base their decisions. 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 APRIL 28, 1983 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:30 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mary Simmons, Lowell Ainas and Donald Versteeg. Also present were Director of Planning and Inspection Ronald V arren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht explained that Commissioners Manson and Sandstrom had both called to say that they would be late. APPROVAL OF MINUTES - March 31, 1983 Motion by Commissioner Simmons seconded by Commissioner Versteeg to approve the minutes of the March 31, 1983 Planning Commission meeting as submitted.. Voting in favor: Commissioners Simmons, Lucht, Ainas and Versteeg. Voting against: none. Not voting: Commissioner Malecki. APPLICATION NO. 83013 (Stanley Hahn) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for Preliminary Plat approval to subdivide the large parcel of land north of 69th Avenue North between Grimes and Halifax into three residential lots. The Secretary reviewed the contents of the staff report (see Planning Com- mission Information Sheet and Addendum for Application No. 83013 attached). Following the Secretary's report, Commissioner Ainas asked whether there had been any movement to put the house on the historical register. The Secretary responded that he had no knowledge of such an effort. Chairman Lucht then called on the applicant to speak. Mr. Stanley Hahn stated that he has approached the Brooklyn Center Historical Society about putting the house on the list of historic places. He pointed out that the house is the second oldest house in Brooklyn Center. He added that he plans to upgrade the exterior of the house, but that he wants to retain as much authenticity as he can. In response to a question from Commissioner Ainas regarding preserving historic structures, Mr. Hahn exolained that the barn has no real historic value and is not really salvageable. Mr. Hahn also explained that he plans to sell the two lots to the north of the residence in order to finance the renovation of the house exterior. The Assistant City Engineer asked Mr. Hahn whether he was on a private well. Mr. Hahn responded in the affirmative. The Assistant City Engineer explained that water and sewer was extended to the large outlot between Grimes and Halifax, north of 69th and that four sets of services are available. He stated that no assessments or hookup charges have been collected. He, therefore, noted that the applicant would have to pay assessments and hookups at the time of connection to City water. He explained that this is an equitable charge to help recover the cost of the City's well system. He suggested that the applicant be required to enter into a subdivision agreement for the payment of hookup charges at the time any of the 'lots were connected to water service. Mr. Hahn asked how much the charges would be. The Assistant City Engineer answered that it would be around $2,300.00.per hookup. 4-28 -83 -1- PUB LIC HEARING (Applica No. 83013 Chairman Lucht then opened - the meeting for a public hearing and asked whether anyone present wished to speak on the application. Hearing none, he 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. Commissioner Simmons asked whether it was necessary to direct staff to proceed with the classification of 69th Avenue North as a major thoroughfare. The Secretary answered that the plat application could be handled separately from any action on the status of 69th Avenue North. He stated that the house in question is noncon- forming as to setback and will be more so if 69th Avenue North is classified as a major thoroughfare. He explained that this would have no bearing on the separation of the lots, however. The Secretary stated that the staff recommend the major thoroughfare status for 69th Avenue North from Brooklyn Boulevard to Shingle Creek Parkway. He noted that west of Brooklyn Boulevard, 69th Avenue North is still a County road and a major thoroughfare by definition. Commissioner Simmons asked why 69th Avenue North, east of Shingle Creek Parkway would not be a major thoroughfare. The Secretary stated that traffic counts don't justify the higher classification in that location. In response to a question from Chairman Lucht, the Secretary stated that the staff could prepare an ordinance amendment relating to the classification of 69th Avenue North as a major thoroughfare. A CTION RECOMMENDING APPROVAL OF APPLICATION NO. 83013 (Stanley Hahn) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 83013, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing barn shall be removed prior to final plat approval. 4. The plat shall be modified to eliminate the 5' wide utility and drainage easements along the north side lot lines of Lots 1 and 2. 5. The plat shall be modified to indicate dedications of 7' of additional right -of -way adjacent to 69th Avenue North. 6. The applicant shall enter into a subdivision agreement with the City to provide for the payment of hookup charges and assessments for water at the time residences within the subdivison connect to water service. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Ainas and Versteeg. Voting against: none. The motion passed. Motion by Commissioner Simmons seconded by Commissioner Versteeg to direct staff to prepare an ordinance amendment classifying 69th Avenue North as a major thoroughfare west of Shingle Creek Parkway. Commissioner Manson arrived at 8:07 p.m. 4 -28 -83 -2- 'APPLI NO S. 8 3014 and 83015 (First Federal Savi & Loa n) The Sec tary re teen i ntro ucecl�t�ie next 1 tern o - Fu si ness , a request for s to and building plan approval to construct a five lane drive -up canopy at the First Federal Savings & Loan at Northway Drive and County Road 10. The Secretary re- viewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83014 attached). Commissioner Simmons asked whether somebody might possibly enter the bank at the easterly access going in the wrong direction. The Secretary stated that the best movement into the site was at the west access. Commissioner Simmons stated that she thought there would be a visibility problem exiting the site at the easterly exit drive. The Secretary answered that there was more westbound traffic on Northway Drive than eastbound. He explained that the movement of the driveway to the east was to try to improve the visibility of the westbound traffic and to avoid conflict with left turns out. The Secretary then reviewed the staff report for Application No. 83015, a request for a variance from Section 35 -700 of the Zoning Ordinance to allow a 4' wide greenstrip adjacent to the turning lane from Northway Drive onto County Road 10. Following his report, the Chairman asked whether anyone had questions. Commissioner Manson asked whether there had been previous right -of -way takings and whether the bank existed first. The Planning Assistant answered it was his understanding that the original right -of -way line was different than it is now, and that it was moved back when the turn lane was put in. Commissioner Simmons observed that the traffic leaving the drive -up would be channelled from five lanes down to one and expressed some concerns that this would create traffic congestion. The Secretary answered that the narrowing of the exit drive allows only one car to exit at a time and that this is an advantage in controlling traffic flow onto public streets. He states that the bottleneck would be on the bank property rather than in the public streets and that cars could make left turns out onto Northway Drive by using the westerly access point. Commissioner Simmons stated that she recognized the logic of the proposal, but felt that there could be a lot of competition in trying to get out of the bank site. The Secretary acknowledged that there would be some people that would try to turn left out of the easterly exit drive, but that the exits would be signed so that people wishing to go westbound would be directed toward the westerly access. Commissioner Simmons also stated that she was concerned the snow banks along Northway Drive would create a visibility problem for cars exiting form the easterly drive during the winter. Chairman Lucht noted that cars coming out the easterly exit drive would be higher than the street for some distance and would give them an elevation advantage to see cars coming over the snow banks. He asked whether the applicant had anything to add. Ms. Jane Nibbe, representing First Federal, stated that she had nothing to add to the Secretary's report. Chairman Lucht noted that the landscape plan calls for the relocation of a couple of Evergreen trees near the easterly access. Ile asked whether the bank would replace these with 2 diameter trees if the Evergreen trees did not survive. Jane Nibbe answered in the affirmative and explained that the bank is always concerned about its appearance to its customers. Mr. Jim Moeller of Albitz Design stated that the bank would replace the trees, perhaps using larger Spruce trees rather than shade trees. P UBLIC HEA RING (Applicat N o. 83015 Chairman Lucie then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. 4 -28 -83 -3- CLOSE PUBLIC NEAR Motion by Commissioner Ainas seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83015 ( First Federal Savings & Loan) Motion by Commissioner Manson seconded by Commissioner Ainas to recommend approval of Application No. 83015 on the grounds that the Standards for a Variance are met. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas, and Versteeg. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83014 ( First Federal Savings & Loan) Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 83014, 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. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all land- scaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. Existing curb shall be continued around all parking and driving areas. 9. The applicant shall obtain from the County a temporary construction o relocate the slope from the driving easement t c p 9 lane to the boule- vard southeast of the building. 10. If the relocated trees do not survive, they shall be replaced with 22" to 3" diameter trees or greater. Voting in favor: Chairman'Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Versteeg. Voting against: none. The motion passed. APPL ICATION NO. 83016 (Glen Schutz The Secretary then introduced the next item of business, a request for a special use permit to conduct a small engine repair home occupation in the garage of the residence at 3801 -72nd Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83016 attached). 4 -28 -83 -4- .Following the Secretary's presentation, the Chairman asked whether the applicant had anything to add. Mr. Schutz asked how far the sign had to be from the street. The Secretary answered that it would have to be on his property which usually begins about 15' back from the street pavement. PUBL H EARING (APlication _N o. 830 C Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Simmons to close the public hearing. The motion passed unanimously. ACTION RECO WIENDING APPROVAL OF APP NO. 8 (Glen Schutz Motion by Commissioner Ve rsteeg seconded of A by Commissioner Manson to recommend approval Application pp 1 pp cation No. 83016, subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 9:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 3:00 p.m. Saturday. 4. All parking associated with the home occupation shall be off - street on improved space on the . p property. i' P Y 5. A 5 lb. fire extinguisher shall be installed in the area of the home occupation prior to the issuance of the permit. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Versteeg. Voting against: none. The motion passed. RECE The Planning Commission recessed at 8:50 p.m. and resumed at 9:19 p.m. APPLICATION NOS. 83010 and 8301 (Rod Bern Commissioner Ainas asked to be excused from the Commission during the consideration of Application Nos. 83010 and 83017 because of a possible conflict of interest. The Secretary then introduced Application Nos. 83010 (site and building plan) and 83017 (preliminary plat) for 24 additional townhouse units in the Earle Brown Townhouses at 69th Avenue North and York Place. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for these applications attached). The Secretary added that the City Attorney has had some discussions with Mr. Cy Sheehy, the owner of the other 20 units in the Earle Brown Farm Townhouses and a proportionate share of the common area, regarding acquisition of land for right -of -way. The Secretary explained that the maximum number of units allowable on the site would be 26 additional ullits plus the 8 existing units if a full density c credit were granted. He explained that the maximum allowable without a density i redit was 21 units. He went on to explain the density credits have been granted n cases of small parcels to allow tha rounding off of the number of units to an even or realistic number. He pointed out also that credits are a vehicle within the Zoning Ordinance for the Planning Commission and the City Council to use to 4 -28.83 -5- a accomplish certain site plan objectives. Chairman Lucht then called on the applicant to speak. Mr. Rod Bernu stated that he had made changes in the roof line and the site layout since the last meeting at which the plans were considered in order to satisfy some of the concerns of the Planning Commission and the neighborhood. He explained that the greater density helps make the development feasible because he is spending more on land and build - ings and the design phase. Commissioner Simmons noted that the units are the same size as before. She asked whether they would cost more. Mr. Bernu stated that there was more wall area created by splitting the eight unit building and that this additional outside wall area would cost more. Commissioner Simmons recalled that one of the complaints voiced by the residents in the Townhouse Association was the location of the long eight unit building and the large blacktop area between one of the quad homes and that building. She noted that the large blacktop area hasn't changed. Mr. Bernu stated that the City Engineer recommended using the blacktop that is already there. He stated that the eight units would require at least that much blacktop in another configuration. Commissioner Sandstrom arrived at 9:48 p.m. Commissioner Simmons concluded that Mr. Bernu wanted more units to be approved in order to make more money. Mr. Bernu stated that he could also add more amenities to the site if there is more revenue from more units. Commissioner Simmons stated that she did not agree with that explanation. Commissioner Manson asked whether any rooms would be added to the high attic area in the townhouses. Mr. Bernu responded in the negative, stating that the area would have more insulation but no additional rooms. Commissioner Simmons inter- preted the change in the roof line to be decorative. Mr. Bernu stated that he had changed the plan since the last time they were reviewed by the Planning Com- mission to try to address some of the concerns expressed at that meeting. Commis- sioner Simmons stated that she still considered the plans boring. Commissioner Sandstrom asked whether there had been a change in the number of units. Chairman Lucht stated that the number of units had been reduced to 24 from 26. Commissioner Simmons reminded Commissioner Sandstrom that three Commis- sioners had wanted 21 units and the other three had accepted 24. She noted that Mr. Bernu had elected to propose 24 units. P UBLIC HEARING (Application No. 83017) Chairman Lucht then opened a public hearing on the preliminary plat application and asked whether anyone present wished to speak. Mr. Larry Ellis of 6831 York Place stated that he did not want to be entirely negative in that he thought Mr. Bernu had made some compromises. He recommended changing the alignment of units in Lots 1 through 4 and 17 through 20 to put in more green area. He also stated that he felt the density was still rather tight. He asked what would happen to the cost of the units. Mr. Bernu stated that with more exterior wall area the price of the units would tend to go up. Mr. Ellis stated that he recom- mended smaller driveways to accommodate more green area. Mrs. Barbara Dilley of 6845 York Place noted that the applicant was asking for 24 units. She stated that only 20 units would have been built on more land area if the original project had been completed. Commissioner Simmons asked how the original 28 units had been approved. The Secretary stated that the original plan was actually for 36 units, but that the site was eventually platted for only 28. He pointed out that developers do not have to build the maximum number of units allowed under the Zoning Ordinance. He noted that most other projects in the City are not built to the maximum. Mrs. Dilley went on to point out that people 4 -28 -83 -6- purchase their townhouse with certain assumptions. She argued that the builder has a moral obligation to complete the project along the lines of its original proposal, which is in line with the assumptions people had when they purchased their units. Commissioner Simmons stated that it struck her as a "bait and switch" strategy. The Secretary pointed out that it had been ten years since the original 8 units had been built and that one could argue that not building any units at all was as cruel a strategy as changing the design. Commissioner Simmons acknowledged this, but stated that the complex would look very different with different units in the remaining part of the complex. Mrs. Marion Sanderson of 6833 York Place stated that Mrs. Anderson of 6827 York Place had asked her to argue against the "sea of blacktop" between the existing southerly four -plex and the proposed 8 units to the south. She stated that the people in the development wished to protect their investment. She stated that Mrs. Anderson had recently bought a unit for $81,000.00 and felt that she would lose a great deal of her investment if many smaller units were built in the project. Mrs. Sanderson showed a picture of a different townhouse design and asked for a better, more expensive, unit to be built. Chairman Lucht pointed out that a majority of the blacktop already exists right now and that the ex- pression "sea of blacktop" seemed to be something of an exaggeration. Mr. Sven Schold of 6843 York Place stated that when he bought his unit, he ex- pected to see the other units in the project built. He stated that he felt he was damaged by the proposed roadway and asked that the units be built as they had been planned. Mrs. Irene Meier of 6839 York Place stated that she wanted to see her investment maintained. She pointed out that she had received an offer from a couple of friends for $85,000.00 for her townhouse. She stated that when she told these friends of the roadway realignment and the new development plans for the project, the offer dropped to less than $60,000.00. Mr. Al Seran, the attorney for.the eight owners in the development, stated that the biggest complaint the owners have is that Mr. Sheehy never finished the Project. He showed the Planning Commission a layout prepared by Sheehy showing the loss of two of the five remaining quad homes as a result of the roadway re- alignment. Regarding the outlot for future right -of -way, Mr. Seran stated that the Homeowners Association documents require that 3/4 of the owners vote to convey land for right -of -way. He pointed out that of the 28 existing lots, Mr. Sheehy controlled 20 lots, which was one less than the three quarters needed to convey this land. Mr. Seran also pointed out that there is more of a legal problem than whether the residents accept the design of the units proposed. He pointed out that more units are proposed than were originally platted, that these are row houses rather than quads, and are cheaper and smaller units. He stated that such a change in the original plat would require a decision by the District Court and that the local platting authority does not have the authority to approve a replat of the property without such a decision. Mr. Tom Nipper, the architect for the project, stated that the site plan had been developed with three elements in mind: design quality, site amenities, and economics. He stated that the design could be revised to meet anyone's particular tastes, but that these three elements have to be met, including economics. He stated that the existing design does combine these three elements as best as possible. 4 -28 -83 -7- Mrs. Sanderson stated that all of the townhouses in the project had been re- assessed and that they were paying $300 more per unit in property taxes. She asked whether these new units would pay the same amount of property taxes. She reiterated that the people in the project wish to save their investment. Chairman Lucht stated that the Planning Commission is not qualified or in a position to judge what the market for the townhouses is. He stated that if the developer feels that a particular price level offers him a better market, the Planning Commission cannot require him to build better units. Mrs. Dilley pointed out that the driveway realignment that would be caused by the realignment of 69th Avenue North would cause problems for her to turn around in her driveway._ CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Sandstrom stated that he felt the Planning Commission had heard some- thing from the owners. He stated that he knew something about the market, since he was in the real estate business. He stated that he thought a higher quality townhouse could be sold and he asked Mr. Bernu for his reaction. Mr. Bernu stated that he still had trouble getting people qualified for higher priced townhouses. He pointed out that the $60,000.00 to $80,000.00 price range is what is selling in Brooklyn Center and Brooklyn Park and added that he did not want to build something that he could not turn around and sell. Commissioner Sandstrom stated that he still felt a quality townhouse could be saleable. Mr. Bernu commented that he hadlost $18,000.00 building a house because no one could qualify for it at the price it had cost him to build it. He stated that his strategy was to build more units and sell to more buyers and that this would allow him to build in more amenities to the site. Commissioner Simmons stated that many of the people who buy into townhouses are people with existing homes who have plenty of equity to put into a new, more expensive, townhouse. Mr. Bernu countered that the land has been sitting for 8 years and the existing units cannot be built and sold profitably, or Mr. Sheehy would have done it long ago. In answer to a question from Chairman Lucht regarding the legality of the plat, the Secretary stated that the staff recommended that the plat be finaled and filed before building permits would be issued. He pointed out that the platting of the outlot does'not constitute conveyance and would not require the vote of the Association. He pointed out that the outlot would belong to the Association until acquired for right -of -way by the City. He again noted that the City Council has authorized the City Attorney to enter into negotiations for this property with Mr. Sheehy. Mr. Al Seran, the lawyer for the 8 existing townhouse owners, stated that he believed the State Law does not allow the City to approve a replat, but that the District Court would have to approve changes in a dedicated plat. Chairman Lucht stated that the Planning Commission could deny, approve or table the application. Commissioner Malecki asked why they should table the application. The Secretary stated that the Commission could ask the City Attorney for legal advice on whether to act on the plat at all. He stated that he did not agree that the plat could never be changed, although he acknowledged that it could require an action by the District Court. Mr. Al Seran stated that Section 505.4 of the State Statutes is clear on the procedure of changing a dedicated plat. The Secretary recommended to the Commission that it table the application and refer it to the City Attorney for advice. He stated that he could not give that legal advice to the Commission. In answer to a question from Commissioner Simmons regarding denying the application, the Secretary stated that it would be well to document the reasons for such a denial. 4 -28 -83 -8- Mr. Bernu then briefly addressed the Commission and stated that, after consulting with his architect, he had decided that it would be possible to reduce the number of units to 21. There followed a discussion amongst the Planning Commission as to what action to take at this point. It was decided that the best action would be to table the application and ask for legal advice while, at the same time, directing the applicant to prepare a plan with no more than 21 units. ACT T ABLING APPLICAT NOS. 83 and 83017 (Rod Bern Motion by Commissioner Simmons seconded by Commissioner Sandstrom to table Application Nos. 83010 and 83017 and directing the developer to prepare a plan with no more than 21 townhouse units. While the motion was on the floor, Commissioner Manson stated that although she had voted to accept 24 units at the previous meeting, and while the plan had been changed for the better, she had changed her mind and would also vote for limiting the new project to 21 units. Voting in favor to table Application Nos. 83010 and 83017: Chairman Lucht, Commis- sions, Malecki, Simmons, Manson, Sandstrom and Versteeg. Voting against: none. Not voting: Commissioner Ainas. The motion passed. The Secretary left at 11:04 p.m. and returned at 11:07 p.m. A PPLICATION NO. 83018 (Howe, Inc. The Secretary then introduced the next item of business, a request for a variance from Section 35 -700 of the Zoning Ordinance to allow a 5' wide greenstrip adjacent to Brooklyn Boulevard, south of 49th Avenue North. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Appli- cation No. 83018 attached). The Secretary reviewed with the Planning Commission a survey of the proposed right -of -way 'lines at the intersection of 49th Avenue North and Brooklyn Boulevard. He explained that the right -of -way line for 49th would be a continuation of the right -of -way line on the east side of Brooklyn Boulevard, and that the right -of -way line for Brooklyn Boulevard would lie roughly at the bottom of the slope where the street began its ascent over the Soo Line Railroad tracks. He explained that Howe, Inc. does not wish to buy the land in question without a variance being granted. He suggested that the Planning Commission could table the application with an indication to the applicant as to how it would vote on the variance and wait for a site plan and preliminary plat to catch up with the variance. Chairman Lucht then called on the applicant to speak. Mr. Tom Howe explained that the variance was needed to provide parking and a turning lane to the scale behind the office building. He stated that he would like the Planning Commission to act on the variance tonight, but that the application would not have to go to the City Council until a preliminary plat and site plan had been acted on. There followed a discussion as to how to act on the variance application. PUBLIC HEARI Chairman Lucht then opened the meeting for a public hearing. Mr. Tom Howe noted that Mr. Leo Hanson and Mr. Larry Butler had previously been at the meeting to express some concern about the variance since they thought it was from the buffer strip adjacent to 49th Avenue North. He stated that he showed the plan to Mr. Hanson and Mr. Butler and explained that the variance was from the greenstrip adjacent to Brooklyn Bouevard rather than 49th Avenue North. He stated that, when the two had seen what the variance was about, they were content and left the meeting. CLOSE _PUB HEARING Motion by_Commissioner Malecki seconded by Commissioner Versteeg to close the public hearing. The motion passed unanimously. 4 -28 -83 -9_ ACTIO RECOM A OF APPL NO 83018 (Howe Inc. Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 83018 on the grounds that the Standards for a Variance are met, and subject to the submittal of a preliminary plat and site plan agreeing with the proposed variance. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. OTHE BUSINES (Withdrawal of Application No. 82042, Universal Sign Co The Secretary then explained that he had received a letter from Universal Sign Company requesting the withdrawal of Application No. 82042, a variance from the Sign Ordinance to allow a 50' high freestanding sign at the Budgetel Motel at 6415 James Circle North. He suggested that the Planning Commission acknowledge the withdrawal of the application through a formal motion. ACTION ACKNOWLEDGING WITHDRAWAL OF APPLICATION NO. 82042 (Un iversal Sign Company) Motion by Commissioner Malecki seconded by Commissioner Versteeg to acknowledge the withdrawal of Application No. 82042 on the basis of the letter from the appli- cant to the Planning Director dated April 15, 1983. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The Secretary noted that the agenda had called for discussion of the Madsen Floral property and the townhouses that were proposed as a result of the rezoning of the property about four years ago. He stated that Mr. Kvamme had wanted to discuss the question of density. He explained that he had wished to seek a density credit to allow up to 32 townhouse units rather -than the 28 that were originally proposed. He stated that Mr. Kvamme had asked to discuss this in two weeks rather than at this current meeting because the purchase agreements were not all in order and because he had not yet met with the Bellevue Neighborhood Association. Commissioner Simmons stated that she had talked with Mr. Kvamme about setting up such a meeting with the Neighborhood Association. MANU HOUSING The Secretary then reviewed briefly the proposed language for regulating manufactured housing along with all other one and two family housing in the City. He noted that, based on a survey of residences less than 650 sq. ft. in area, there were about six houses in the City that were less than 18' wide or 18' deep. He suggested that the language of the ordinance stipulate that the 18' minimum width and depth apply to one and two family dwellings built after the adoption of the ordinance rather than making existing one and two family dwellings less than 18' nonconforming,and, therefore, unable to expand. Commissioner Sandstrom stated that he thought 18' was too small a dimension and suggested that the ordinance require at least 20'. Chairman Lucht stated that this might invite more nonconformities. The Planning Assistant stated that, among those houses less than 650 sq. ft., there were only five more houses that were 18' or 19' wide. He stated that the Planning Commission should not require more than 20' wide on a one or two family residence since there are a number of 40' wide lots in the City which require the house to be no more than 20' wide if 10' sideyard setbacks are to be met. There followed further discussion of the 18' wide requirement. Commissioner Sandstrom expressed concern about the 18' wide requirement being inadequate. The Secretary stated that the 18' wide standard would still require that manufactured homes be double wide since there are as yet no manufactured homes more than 16' wide. 4- 28=-83 -10 Planning Commission Information Sheet (Addendum) Application No. 83013 Applicant: Stanley Hahn Location: 4014 - 69th Avenue North Request: Preliminary Plat This information sheet is an addendum to the information sheet supplied for the April 14, 1983 meeting. The City Engineer has asked that the plat indicate 7' of additional right -of -way along 69th Avenue Elorth to allow for future widening of the roadway. (The 69th Avenue North right -of -way is presently 66' and the City wishes to widen it to 80'). We recommend this right -of -way dedication be required as an additional condition of approval. It will have no adverse impact on the future buildability of lot 3. Also, we have received word from NSP that the 5' wide easements along the interior property lines separating lots land 2 from lot 3 should be left in place to provide service to lot 3. So, we recommend that Condition No. 4 be modified to eliminate only the easements along the northerly side lot lines of lots 1 and 2. Regarding the status of 69th Avenue North as a major thoroughfare, staff would recommend that the Planning Commission keep this designation west of Shingle Creek Parkway in lieu of the importance of this corridor. (West of Brooklyn Blvd., 69th Avenue North is still a County Road and, therefore, a major thoroughfare). There is less need to continue the. major thoroughfare designation east of Shingle Creek Parkway. There is a great deal of setback nonconformity all along 69th Avenue North, especially with side corner setbacks toward 69th (with front yard toward a north -south street). Nevertheless, the nature of the roadway is such that it should be classified as a major thoroughfare. The conditions pertaining pp to Application No. 83013 are recommended to include the following: 4. The plat shall be modified to eliminate the 5' wide utility and drainage easements along the north side lot lines of lots 1 and 2. 5. The plat shall be modified to indicate dedications of 7' of additional right -of -way adjacent to 69th Avenue North. 4 -28 -83 Planning Commission Information Sheet Application No. 83013 Applicant: Stanley T. Hahn Location: 4014 -69th Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into three lots the parcel of land lying between Crimes Avenue North on the east and Halifax Avenue North on the west, north of 69th Avenue North. The property is zoned Rl and is presently described as Outlot 1, Bobendriers 4th Addition. The proposed legal description is: Lots 1, 2 and 3, Hahn lst Addition. The parcel is presently occupied by an old farmhouse and barn which have remained on the property while the surrounding neighborhood was platted and developed with si.nc;le- family homes:` The present owner, Mr. Hahn, intends to remove the . barn, which is quite dilapidated, and plat two interior residential lots, one facing Crimes Avenue North, the other Halifax.Avenue North. The owner also intends to refurbish his residence which is the large existing farmhouse on the southerly portion of the property. The existing parcel is 177' x 270' for a total area of 47,790 sq. ft. The two new interior lots (Lots 1 and 2) will be 75' x 135 or 10,125 sq. ft. each. The remaining lot (Lot 3) will be 102' x 270', 27,540 sq. ft., or more than enough land for two corner logs (the ordinance requirements for corner lots are 90' width and 10,500 sq. ft. area). The existing house has no setback conflicts with the proposed north property line of Lot 3. It is, however, nonconforming as to setback from 69th Avenue North, which has been a major thoroughfare as defined by Section 35 -900 of the Zoning Ordinance (all County roads are major thoroughfares). However_, since 69t Avenue North has been abandoned by the County, it is now a City street and its major thoroughfare designation could be discontinued if the Planning Commission and City Council feel it is no longer necessary to keep this designation. (We will be prepared to discuss this matter further at Thursday's meeting.) In any case, the nonconforming setback is an existing condition which does not require a variance action; nor does it affect the proposed plat since no new nonconformity is being created. The proposed plat indicates some erroneous setback distances, namely the side corner setback off 69th Avenue North (unless the major thoroughfare designation is removed) and the rear setbacks on the interior lots (25' is listed; actually the setback is 30% of the yard area which, on a 135' deep lot, is about 40'). The plat also desig- nates 5' wide drainage and utility easements along all interior property lines in the plat and along the rear property line separating Lots 1. and 2. We recommend that the easements along the interior property lines be eliminated as they conflict with the setback requirement for garages which is only 3 feet. Although there are minor deficiencies in the plat, the primary re- quirements of lot size, depth and frontage are met. Approval is, therefore, recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 4 -14 -83 -1- i r " Application No. 83013 continued 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing barn shall be removed prior to final plat approval. 4. The plat shall be modified to eliminate the 5' wide drainage and utility easements along interior property lines within the plat. 4 -14 -83 -2- Planning Commission Information Sheet Application No. 83014 Applicant: First Federal Savings and Loan Location: 2901 Northway Drive Request: Site and Building Plan, The applicant requests site and building plan approval to construct an addition in- volving a new teller station and a canopy for five drive -up lanes at the First Federal Savings and Loan, 2901 Northway Drive. The property in question is zoned C2 and is surrounded by County Road 10 on the south, Northway Drive on the east and north, and by the Grecian Health Spa on the east (St. Paul Book and Stationery is also located just east of the Savings and Loan). The proposed expansion will have a major effect on the driveway area surrounding the building. Beginning at the southwest portion of the site, the driveway will be widened to provide more stacking space for vehicles waiting to use the drive -up lanes. The expanded driving lane will still leave a 20' wide greenstrip adjacent td` the south property line, but only a 4' greenstrip adjacent to the southeast property line next to the turning lane from Northway Drive onto County Road 10. This deficiency is the basis for variance Application No. 83015. Once past the drive -up lanes, cars will be able to go left to the westerly access for a left turn out onto Northway Drive, or may use a new right - turn -only exit leading to County Road 10. The new right- turn -only exit will replace the existing easterly access to the site, which will be landscaped over. Although the proposal involves the loss of five parking stalls and the addition of building floor area, the existing parking surplus is such that, even after the addition, the site will have 45 stalls while only 34 are required. The proposed site changes will eliminate some landscaping southeast of the building and cause the relocation to the south of two trees from the area of the right -turn- only exit. In addition, the landscape plan proposes one new Marshall Ash, three (3) Mugho Pine and three (3) Dwarf Cranberry in the easterly greenstrip. Also, eight (8) Globe Arborvitae are scheduled in an area in the southwest corner of the site where First Federal intends to relocate its freestanding sign. Drainage on the southerly portion of the site is to be handled by curb openings along the south edge of the perimeter driving lane, allowing runoff to drain in the southerly greenstrip area. Drainage over most of the site will flow toward the two access points where it will be collected in catch basins and conveyed by storm sewer to the City storm sewer in Northway Drive. The slope from the drive -up lanes to the right - turn -only exit is just under 5% which is considered fairly steep in winter driving conditions. The expansion of the driving lane also necessitates a temporary construction easement roughly 12' x 120' into the right -of -way adjacent to the right turn lane from Northway Drive to County Road 10. The building exterior of the addition will match the existing brick. The new teller station will be dropped one step below the existing floor level in order to keep the grade in the driveway less than 5 An automatic teller machine and night deposit box will also be installed along the east wall of the building. The plans have not yet been certified by a registered architect; however, this will be accomplished prior to issuance of building permits. The plans are generally in order and, subject to a favorable action on the variance request, approval is recommended, subject to at least the following conditions: 4 -14 -83 -1- i r Application No. 83014 continued 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. 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. Any outside trash disposal facilities and rooftop mechanical equip- ment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. Existing curb shall be continued around all parking and driving areas. 9. The applicant shall obtain from the County a temporary construction easement to relocate the slope from the driving lane to the boulevard southeast of the building. 4 -14 -83 -2- Planning Commission Information Sheet Application No 83015 Applicant: First Federal Savings and Loan Location: 2901 Northway Drive Request: Variance The applicant requests a variance from Section 35 -700 of the Zoning Ordinance to allow a 4' wide greenstrip adjacent to public right -of -way rather than the 15' required by ordinance. The land in question is zoned C2 and is bounded by County Road 10 on the south, by Northway Drive on the east and north, and by the Grecian Health Spa on the west. The variance request is an outgrowth of a plan to add five drive -up teller lanes to the east of the building (see Application No. 83014). This addition involves the expansion of the driving lane along the south and southeasterly portions of the site. It is adjacent to the southeast property line that the green- strip narrows to 4' (see plan attached). The applicant's representative has submitted a letter requesting the variance. In the letter, it is argued that it is impossible to construct the canopy approach without encroaching into the greenstrip area because of the unusual relationship between the property line and the curb line of the street. The distance between the two varies between 40' and 55'. The letter notes that keeping the greenstrip at 15' would limit the expansion to two drive -up lanes. This, they say, is impractical. The letter also points out that, even if the variance is granted, the driving lane will still be further from the street than is generally the case. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of the Zoning Ordinance in instances where strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: a) Because of the particular physical surroundings, shape, or topo- graphical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. b) The conditions upon which the application for a vriance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. There have been three applications for greenstrip variances in the past six years. Two have been approved and one denied. Application No. 77034 by Richard Rockstad sought a reduction in the required 35' greenstrip for Cl uses adjacent to major thoroughfares to 20'. This case was a new development on an empty parcel of land and the variance was denied. A later application by Pilgrim Cleaners (Application No. 78009) which involved the remodeling of an abandoned gas station and allowing less than a 15' greenstrip was approved on the grounds that it allowed for the 4 -14 -83 -1- Application No. 83015 continued provision of more parking (though the site was still deficient). Finally, Appli- cation No. 80028 by Harron Methodist Church was approved to allow a 10' wide green strip adjacent to Dupont Avenue North in order that realistic parking plan might be implemented. The current situation certainly seems to be unique. The configuration of the right -of- way /roadway alignment is such that, even with the variance, 45' to 60' of green area,will still remain. This is about twice the normal greenspace and more than will exist further west on the site adjacent to County Road 10. These points tend to meet standards (b) uniqueness and (d) adverse impact. Standard (a) regarding hardship would also seem to be met. The addition to the bank is reasonable as pro -. posed and would be impractical as a two -lane drive -up. Also, placing the drive -up on the west side of the building would require a complete remodeling of the inside of the bank and an unorthodox traffic pattern on the site. These results seem to qualify as hardships. There is the alternative of foregoing the drive -up expansion altogether; but, in light of the minimal public sacrifice (11 more feet of excess green area), it seems unreasonable to deny the addition for such an inconsequential encroachment. Finally, the current situation is not the result of actions taken by the bank, but is caused by previous right -of -way takings and by ordinance requirements. Based on the foregoing, we concur with the request of the applicant for a variance from Section 35 -700 of the Zoning Ordinance and recommend its approval on the grounds that the standards for a variance are met. I 4 -14 -83 -2- Planning Commission Information Sheet Application No. 83016 Applicant: Glen E. Schutz Location: 3801 -72nd Avenue North Request: Special Use The applicant requests special use permit approval to conduct a small engine repair and saw sharpening home occupation in the garage of the residence at 3801 -72nd Avenue North. The property in question is zoned R1 and is bounded by 72nd Avenue North on the north and by single - family homes on the east, south and west. The applicant has submitted a letter (typed copy attached) in which he explains various aspects of the home occupation. The activity would be located in a detached double garage on the premises. No outside employee is involved. Hours would be from 9:00 a.m. to 6:OO p.m. weekdays and 9:00 a.m. to 3:00 p.m. Saturday. Equipment used would be general small tools. The applicant presently has a fine extinguisher in his garage. He states that there is plenty of parking space in his driveway (presumably two cars wide). Finally, he states that he intends to have a sign in his yard advertising the service. Such signs are limited to 2.5 sq. ft. in area. Mr. Schutz has stated to the staff that he does not wish to do any- thing which would cause an annoyance to the neighborhood. He wishes to engage in the home occupation like most people, in order to bring in some income. This home occupation is not unlike many others that have been granted in the past. We see no reason the permit should, be denied. Approval is, therefore, recommended subject tout least the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 9:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 3:00 p.m. Saturday. 4. All parking associated with the home occupation shall be off - street on improved space on the property. 5. A 5 lb. fare extinguisher shall be installed in the area of the home occupation prior to the issuance of the permit. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 4 -14 -83 Planning Commission Information Sheet (Addendum) Application Nos. 83010, 83017 Applicant: Rod Bernu Location: 69th Avenue North and York Place Request: Site and Building Plan, Preliminary Plat This information sheet is an addendum to the information sheet for the April 14, 1983 meeting. The applicant has revised the preliminary plat to provide all correct measurements. The plat has also been revised to exclude from the replat those eight lots with existing townhouses. The new plat calls for 24 townhouse units, one common area, and one outlot. The site layout has also been revised by shifting the northerly most townhouse cluster southward so that the 50' setback requirement from future 69th Avenue North is met. Conditions for the preliminary plat are recommended as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The final plat shall be filed at the County prior to issuance of building permits. 4 -28 -83 Planning Commission Information Sheet Application Nos. 83017 and 83010 Applicant: Rod Bernu Location: 69th Avenue North and York Place Request: Preliminary Plat, Site and Building Plan The applicant requests preliminary plat approval to replat the Earle Brown Farm Townhouses into 32 townhouse units (8 existing and 24 new), one common area lot, and one outlot (to be acquired for right- -of -way for Shingle Creek Parkway). This is a companion application to the site and building plan. application (No. 83010) submitted to the Planning Commission at its March 17, 1983 meeting. That application was tabled pending the submittal of a proper pre- liminary plat. The land in question is zoned R3 and is bounded by 69th Avenue North on the north, by the Earle Brown Farm Estates on the east, and by single - family homes on the south and west. The Commission may recall that Mr. Bernu originally sought approval for 26 townhouse units, implying a density credit of 5 units for double tuck - under garage stalls. rafter considerable comment from the residents of the eight existing units, the Commission was divided as to what if any density credit should be allowed. Three Commissioners were willing to allow a density credit for 3 additional units to allow a total of 24. Three Commissioners preferred no density credit at all, allowing the normal ordinance maximum of 21 additional units. (Commissioner Ainas abstained as he could have a conflict of interest). Mr.. Bernu has chosen to seek approval for 24 new units. Mr. Bernu has changed the design of the project by splitting the eight-unit building into two 4 -unit buildings and by reducing the two five -unit buildings to 4 -unit buildings. Thus, the plan now calls for six linear 4 -unit buildings to be added to the two quad- home buildings existing on the site. The new site plan allows for the existing utility lines to be salvaged, although some capacities will have to be increased to serve additional units. The landscape schedule has been revised to reflect proposed plantings and to in- clude four 6" trees. A sidewalk network serving the fronts of the units has also been added to the site plan. In other respects, the site plans are not significantly changed. The building plans have been revised to provide higher roof -lines and dormers ,on the front elevations. (There will be no third floor to the units, only a very tall attic area.) The builder thereby hopes to make the units more similar in height and roof -pitch to the existing units. The plans also show very shallow balcony rail- ings off of 6' x 6' patio doors in the master bedrooms. The build- ing plans have not been certified by an architect as required by ordinance. We would recommend that such certification be a condition of receiving building permits. The preliminary plat keeps the same townhouse lots for the eight existing units as were designated in the original plat, 30' x 66.73'. The new lots also provide for a small private area adjacent to the individual units. The new townhouse lots are 20' wide for interior units and 23' wide for end units. All are 47' deep. The units themselves are 20' 6" x 39' 6 ". The NSP easement along the east portion of the property is indicated on the plat. It passes through 4 -14 -83 -1- Application Nos. 83017 and 83010 continued the back portions of lots 21 through 24 of the proposed replat. The preliminary plat as submitted is roughly drawn. Most of the site data are left off because they are contained in the site plan. However, we have also discovered that some of the property lines do not scale with the listed dimensions and we are not certain that setbacks will be met by some of the units. Also the dimensions of Outlot A are either incorrect or missing. The Assistant City Engineer has redrawn the southwest line of Outlot A and it results in a deficient setback for the closest four -unit building. We recommend that the plat, in its present form, not be approved. How- ever, if a better, more accurate drawing without setback conflicts is submitted by Thursday's meeting, we will be prepared to recommend conditions of approval for the plat. The primary question over the site plan, assuming dimensions can be verified, is the total number of units. Whether or not the Planning Commission is prepared to grant a density credit for three additional units, the conditions listed below are recommended. However, action at this meeting should be contingent on both an acceptable plat and a site plan that contains an acceptable number of units. Recommended 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. 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 im- provements in the area of new construction. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fare extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accor- dance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The building plans shall be certified by a registered Minnesota architect prior to the issuance of building permits. 4 -14 -83 ..2- Planning Commission Information Sheet Application No. 83018 Applicant: Howe, Inc. Location: 4821 Xerxes Avenue North Request: Variance The applicant requests a variance from Section 35 -700 of the Zoning Ordinance to allow a greenstrip less than the 15' required by ordinance from the westerly right- of-way line of Brooklyn Boulevard. As the Commission is probably aware, the land in question is presently part of Brooklyn Boulevard right -of -way, south of 49th Avenue North, and north and east of the Howe site. The land was acquired by MN /DOT in 1972 because of construction of a bridge over the Soo Line tracks and to provide access to Howe. The Minnesota Department of Transportation wishes to turn back this excess right -of -way to Howe as a means of paying damages resulting from the changes in access to the Howe site. The Commission may also recall that Howe's request to use this land area for parking was determined not to be an expansion of a nonconforming use, subject to Howe, Inc. entering into an agreement with the City stipulating that the resulting par{:ing area will not be the basis for an expansion of the business. This agreement has been drafted and must be signed and executed prior to approval of any site plan proposing the additional parking. The applicant has submitted a letter (copy attached) in which he addresses the Standards for a Variance. He argues that the land conditions - the excess right- of -way for the roadway, the fact that only 8 parking spaces could be installed without the variance - create a hardship for Howe, Inc. if it is to accept the land in return for previous damages. He states that the situation is unique because the land is being given back to a private owner after being taken through condemnation. He also rotes the topography surrounding the parcel and the fact that an additional 10' of greenstrip would have no real aesthetic benefit. The applicant points out that the hardship is clearly created by the Highway Department which acquired the excess right -of -way for the bridge over the Soo Line tracks in 1972. Finally, the applicant states that the variance will have no detrimental effect on surrounding property, but that the project is, in fact, welcomed by the neighborhood. The Planning Commission may recommend variance from the literal provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration (see the Standards for a Variance attached). That the Planning Commission must decide in this case is whether the use of the property in question for only 8 parking stalls rather than 14 constitutes a hardship and whether the slope of the land and the circumstances of its transfer place it in a unique category. Staff confess that the use of a half acre of land for only eight (8) parking stalls and an access drive seems under- utilized. Fourteen (14) stalls and an access drive do not seem to be so different in value. Nevertheless the desired use is not out of line for the land area involved. The chief argument of the applicant is really that an additional 10' of greenstrip will provide no public benefit to persons travelling over the bridge on Brooklyn Boulevard, but would deny him the possibility of constructing 6 more parking stalls. The situation should not be regarded as unique because of who has owned the land in the past, but on the basis of physical surroundings. The physical surroundings in this case - a greenstrip located at the bottom of a substantial slope - is somewhat unique. It is likely to occur near bridges and freeway ramps, of which there are a number in the City. Regarding Standards (c) and (d), we have no argument with the applicant's contentions. The current situation has obviously been caused by the taking of land for the construction of the bridge. And the location of the variance will have no relationship to residences in the neighborhood. 4 -28 -83 -1- Application No. 83018 continued On the basis of the foregoing, it appears that the Standards for a Variance may be deemed to have been met. Approval is, therefore, recommended, subject to filing of an acceptable preliminary plat and conclusion of the agreement between Howe, Inc. and the City, stipulated under Application No. 83001. 4 -28 -83 -2- r M & C No. 83 -4 f May 5, 1983 P FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Central Park Dedication To the Honorable Mayor and City Council: On June 12, 1983 in conjunction with Earle Brown Days the City is proposing to have the formal park system dedication to acknowledge completion (almost) of the park bond improvements. Attached please find information regarding some of the details of the dedication. In working with the Earle Brown Days Committee and in discussing the celebration with members of the community, everyone has agreed that "fireworks would be an excellent addition. The Earle Brown Days Committee has contacted the City and asked me if there were any possibility of the City assisting n the financing of the fire g g works display. Th p y e cost of the display is estimated to be between $3400 and $3800. My understanding is that this cost would include trained personnel to shoot off the fireworks for the celebration. I have reviewed with the City Attorney the legality of such an expen- diture, and he concurred it would be a legal expenditure. However, because of the uncertain financial situation of the City, any expen- ditures of this nature should be considered very carefully, especially as they relate to a long-term commitment. g t However, I am of the opinion that expenditure of funds for this fireworks display would be appropriate on a one -time occasion in conjunction with the dedication ceremonies of our park system. If authorized it would then give the Earle Brown Days Committee an opportunity to solicit the community and community organizations for funds to continue the fireworks display in the future as an annual part of the Earle Brown Days celebration. Please review the attached materials regarding the dedication cere- mony and we will be prepared to discuss any aspects of them at your C meeting. We are interested in any suggestions and also we should inform the Earle Brown Days Committee what the City's official position is regarding funding of the fireworks display. Respectfully submitted, Gerald G. Spl'nter City Manager encs. DEDICATION OF THE B R O O K L Y N C E N T E R P A R K S Y S T E M CENTRAL PARK SUNDAY, JUNE 12, 1983, 7:00 P.M. city Logo BROOKLYN CENTER, MINNESOTA "The Something More City" BROOKLYN CENTER PARKS (text) NEIGHBORHOOD PARKS (text) SHINGLE CREEK TRAILWAY (text) ARBORETUM (text) CENTRAL PARK i (text) PALMER LAKE NATURE AREA text OTHER AREAS (text) DEDICATION "THEME ( P R O G R A M MASTER OF CEREMONIES who? PRESENTATION OF COLORS Duoos Bros. Legion Post NATIONAL ANTHEM Brooklyn Community Band Woody Hoiseth, Director INVOCATION who? WELCOME Dean A. Nyquist, Mayor GREETINGS Gerald G. Splinter, City Manager RECOGNITIONS who? OFFICIAL OPENING (necessary ?) who and what? DEDICATION ADDRESS who? BENEDICTION who? AMERICA THE BEAUTIFUL Audience m ACKNOWLEDGEMENTS Dean A. Nyquist, Mayor CITY COUNCIL Wm. H. Hawes Gene Lhotka Cecilia Scott Richard Theis *Tony Kuefler *Bill Fignar Legislators Senator Bill Luther State Rep. Bob Ellingson PARK AND RECREATION COMMISSION Bud Sorenson, Chairman Mrs. Jacquelyn Albright Mrs. Vicki Denissen Dale Bloomstrand Dave Skeels Harry Bradford Mike Streitz *Gerald Johnson *Dawn Kiefer * - Members at time of Bond Issue PARK BOND STEERING COMMITTEE Dave Skeels, Chairman Tom Howard Jim Ahlvers Tony Kuefler Dave As Lund Carl Kullbcr P g Ron Christensen Bob Marquard Leah Hickman Diane Schake Bernie Hill Yvonne Quady DEPARTMENT HEADS Parks and Recreation Eugene Hagel Public Works Sylvester Knapp Police James Lindsay Planning and Inspection Ronald Warren Finance Paul Holmlund Assessment Peter Koole Liquor Stores Truman Nelson Fire Ronald Boman Gerald G. Splinter, City Manager MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police' DATE: May 2, 1983 SUBJECT: Issuance of Class B Gambling License to the Brooklyn Center American Little League, Inc. Attached please find the completed police investigation of the Brooklyn Center American Little League, Inca for a Class B Gambling License. Eva Sue Grue is listed as the Gambling Manager. Investigator Monteen finds nothing which would preclude either. the Little League or its gambling manager from obtaining such a license. In addition to the Class B Gambling License, the Brooklyn Center American Little League has made application for a waiver of the $10,000.00 fidelity bond as allowed under city ordinance. The city council must act on the following two matters: The application for a Class B Gambling License. This requires a majority vote of the city council to pass. Number two, a waiver of the $10,000.00 fidelity bond. This requires a unanimous vote of the city council to pass. The following is a resume of the investigation of Brooklyn Center Police Dapartment case number 83-05625, the application for a Class B Gambling License as issued by the City of Brooklyn Center, Hennepin County, Minn. * to the American Little League, as represented by their gambling manager Eva Sue GRUE. This investigation has been conducted by A. Paul MONTEEN, and this has been transcribed and typewritten by Leanne OLDFATHER, Dispatcher for the Brooklyn Center Police Department. APPLICANT: City of Brooklyn Center American Little League 6100 Vincent Ave. No. Brooklyn Center, MN. 55429 Business telephone 560-7025 Eva Sue GRUE DOB: 12-28-45 6401 Kyle Ave. No. Brooklyn Center, MN. 55429 TeleDhone 535-7218 INVEST-G MATERIALS CONTAINED WITHIN THIS FILE: Application for Gambling License Application for Gambling License, Part II, in the name of Eva Sue GRUE Application for Gambling License, Part III, Organizational Information Letter requesting the waiver of the Fidelity Bond - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - *The Brooklyn Center American Little League is organized under the auspices of American Little Leagues, Inc. and has been formed to implant firmly in children the ideas of good sportsmanship, honesty, loyalty, courage and reverence so that they may be finer, stronger and happier children and will grow to be good, clean, healthy men and women. These objectives will be achieved by providing supervised compete baseball and/or softball games. The supervisor shall bear in mind that the entertainment of excellent athletics skill or winning of games is secondary, the molding of future men and women is of prime importance. The registered office of the corporation shall be within the City Hall, Brooklyn Center, Hennepin County, Minnesota and the corporation shall have offices as pleases the Board of Directors, and may from time to time be changed as determined. All meetings of the membership shall be held at the registered office of operation in the citv of Brooklyn Center. For the purpose of a general operation, Brooklyn Center American Little League owns and operates two diamonds located at 61st Ave. No. and Vincent Ave. No. within the city of Brooklyn Center, Hennepin County, Minnesota. These are legally described as Lot 1 Amberters, Subdivision 21 Hennepin County. The Brooklyn Center American Little League was established in 1960 and has approximately 350 active members. Eva Sue GRUE is listed as the Executive Officer and Gambling Manager in behalf of the Brooklyn Center American Little League. Eva Sue GRUE is a resident of the city of Brooklyn Center, iving at 6401 Kyle Ave. No., and has resided there since June of 1981. rior to that time Mrs. GRUE has lived in Woodbury and Anoka, Minnesota. Mrs. GRUE is currently a homemaker. Prior to this time she has had teaching experience in the Anoka-Hennepin, Minneapolis, and Buffalo school systems, Resume by Investigator A. Paul MONTEEN Case Number 83 -05625 Page 2 0 i s well as Hill - Murray High School in St. Paul. Moreover, Mrs. GRUE btained her Masters in Business Administration in October of 1981 from the University of Minn., and during that time was a teaching assistant with the University of Minnesota. Mrs. GRUE has no criminal record with the Brooklyn Center Police Department, and likewise has no record with the Hennepin County Sheriff's Office, N.C.I.C. or M.I.N.C.I.S. Investigator MONTEEN's inquiry finds nothing which owuld preclude Mrs. GRUE or the Brooklyn Center American Little League from obtaining a Class B ga ;-ibling license as issued by the City of Brooklyn Center. Accompanying - - - .he Application for Class B Gambling License is a letter addressed to the City Council. This letter requests a waiver of the required $10,000.00 fidelity bond as allowed by the City Ordinance. Investigator MONTEEN notes that the Brooklyn Center American Little League obtained a gambling license for the years 1980 and 1981 and during those years did comply with all aspects of the gambling license requirements of the City of Brooklyn Center and the State of Minnesota. The City Council must act on two issues, these being: the Application for Class B Gambling License, which would require a majority vote of the City Council to pass. A waiver of the $10,000.00 fidelity bond, which would require the unanimous vote of the City Council to pass. Licenses to be approved by the City Council on May 9, 1983 FOOD ES TABL_I_S HME N P LICENSE•. BrooY.dale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. 11. D.C. American Little League 6800 France Ave. N. B.C. Evangelical Free Church 6830 Quail Ave. N. B.C. National Little League 5312 Oliver Ave. N. Burger Brothers 5927 John Martin Dr. Denne's Market 6912 Brooklyn Blvd. Faith Community Church of God 6630 Colfax Ave. N. Fisher Food Produces 6800 Shingle Cr. Pkwy. General Cinema Corp. 5801 John Martin Dr. Grecian Health Spas 2920 County Rd. 10 Lutheran Church of the Master 1200 69th Ave. N. Service Systems Corp. S00 Line Bldg. N.W. Bell 5910 Shingle Cr. Pkwy. 7-Eleven 1500 69th Ave. N. U.A. Theaters 5800 Shingle Cr. Pkwy. Winchell's Donut House 1912 57th Ave. N. ��Q.Q11L O Sanitarian GA14BLIN - Class B B.C. American Little League. 6100 Vincent Ave. N. &"�C� Ch' f of Police ME S YSTEMS LICENSE Abel Heating, Inc. 266 Water St.. Alaskan Air Conditioning 1200 Chestnut Ave. D & D Anderson Heating R.R. #4 Box 254 Berghorst Plumbing & Heating 10732 Hanson Blvd. Central Heating & Air Conditioning 1971 Seneca Rd. Dependable Heating 2615 Coon Rapids Blvd. Hayes Contractors, Inc. 1010 Currie Ave. Furnace Care Inc. 8733 Humboldt Ave. N. Northwest Service Station Equip. 2520 Ni.collet Ave. ja • Buildin�fficial � N VENDING MACHINE LICENSE CCCCCCJJJJJJ Coca Cola Bottling Midwest Inc 1189 Eagan Ind. Rd. ^� Pyramid Gas 2605 Co. Rd. 10 Sani avian � OFF -SALE N LIQUOR LICENSE `n Denne `s Market 6912 Brooklyn Blvd. City Clerk �6 SIGN HANGER'S LICENSE LeRoy Signs, Inc. 6325 Welcome Ave. N. Signcrafters Outdoor Display, Inc. 7775 Main St. N.E. Buildi Official SWINDLING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. Chippewa Park Apts. 6507 Camden Ave. N. Columbus Village Apts. 507 70th Ave. N. Lyn River Apts. 201 65th Ave. N. Twin Lake N. Apts. 4536 58th Ave. N. Village Properties 2817 Silver Lane N.E. Evergreen Park Apts. 7200 Camden Ave. N. Sanitarian GENERAL APPROVAL: `�` GL / < c .. f•= s»�i u s Gerald G. Spli.ntet/ City Clerk MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant DATE: May 9, 1983 SUBJECT: Recommended Conditions Regulating Discharge of Explosives for Howe, Inc. Section 35 -413.2 of the City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at the Howe, Incorporated facility, 4821 Xerxes Avenue.North, Brooklyn Center, Minnesota. 1. The permit is issued to Howe, Incorporated, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. Howe, Incorporated shall continue to use a two component compound, kinestik, or a similar two component compound. 3. Howe, Incorporated shall comply with all applicable federal, state and local legislation governing the transportation, storage, handling and detonation of explosives. 4. Howe, Incorporated shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to Howe, Incorporated. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire May 9, 1984.