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HomeMy WebLinkAbout1983 04-11 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 11, 1983 (Following Adjournment of the Housing & Redevelopment Authority Meeting) 1. Call to Order 2. Roll Call 3. Open Forum 4. 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. *5. Approval. of Minutes - March 14, 1983 - March 28, 1983 6. Public Hearing Regarding the Designation of a Housing Development Project Pursuant to Minnesota Statutes, Section 462.411 et. seq., the Municipal Housing & Redevelopment Act, and the Establishment of Tax Increment Financing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, the Tax Increment Financing Act (7:15 -This public hearing is continued from the March 28, 1983 City Council meeting. a. Resolution Designating the Brooklyn Center Housing Development Project Pursuant to the Provisions of Minnesota Statutes, Section 462.411 et. sea., and Approval of the Brooklyn Center Housing & Redevelopment Authority Housing Development Plan. b. Resolution Establishing a Tax Increment Financing Housing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, and Adopting a Finance Plan for Said Tax Increment Financing District -The Brooklyn Center Planning Commission recommended approval of the Tax Increment Financing Plan at its March 3, 1983 meeting. The Hennepin County Board of Commissioners reviewed the Tax Increment Financing Plan and commented favorably on the plan.. It is recommended that the comments of the Hennepin County Board of Commissioners with regard to the plan be read into the Council record. C. Resolution Requesting the County Auditor to Certify the Original Assessed Value of the Real Property within the Boundary of the Brooklyn Center Housing & Redevelopment Authority Tax Increment Financing Housing District d. Resolution Accepting Bid and Approving Contract for Contract 1983 -E (Brookwood Development Improvement Project Nos. 1983 -04, 1983 -05 and Sidewalk Improvement Project No. 1983 -06) CITY COUNCIL AGENDA -2- April 11, 1983 7. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 and R6 Zoning District -The property referred to in this ordinance is located in the elderly housing project area. The ordinance was first read on March 1.4, 1983 and published on March 24, 1983. A public hearing on the ordinance has been.scheduled for 8:00 p.m. b. An Ordinance Vacating Fremont Avenue North from 62nd Avenue North to FAI -94 This ordinance provides for vacation of public interest for Fremont Avenue North through Brookwood Addition, the housing redevelopment project area. Affected property owners have been notified and notice of hearing has been published in the official newspaper. The ordinance was first read on February 28, 1983 and published on March 10, 1983. A public hearing on the ordinance has been scheduled for 8:00 p.m. C. An Ordinance Amending Chapter 35 of the City Ordinances Establishing Flood Plain Use Permit Fees -The ordinance was first read on March 14, 1983, published on March 24, 1983, and is recommended for a second reading this evening. A public hearing on the ordinance has been scheduled for 8:00 p.m. I. Resolution Amending Citv Council Resolution No. 81 -123 Establishing Flood Plain Use Permit Fees d. An Ordinance Adopting p g by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violations: Providing for Administration and Enforcement and Periodic Review -This ordinance was first read on March 14, 1983 and published on March 24, 1983. A public hearing on the ordinance has been scheduled for 8:00 p.m. The ordinance is offered for an amended second reading. 8. Resolutions: a. Resolution Accepting Bid and Approving Contract for Contract 1983 -D (63rd Avenue Water Main improvement Project No. 1983 -02) b. Resolution Authorizing the City Manager to Write -off Outstanding Disbursement Checks not Cashed 9. Quit Claim Deed - Evergreen Fstates -It is recommended the City Council pass a motion authorizing the Mayor and City Manager to execute quit claim deed for the purpose of clearing title to Lot 1, Block 5, Evergreen Estates. r I i I CITY COUNCIL AGENDA -3- April 11, 1983 10. Planning Commission Items (8:30 p.m.) a. Planning Commission Application No. 83011 submitted by Robert Adelmann (Duke's Standard) for site and building plan and special use permit approval to construct an 8` x 25' addition to the south end of the east wing of the service station at 6501 Humboldt Avenue North. The Planning Commission recommended approval of Application No. 83011 at its March 31, 1983 meeting. b. Planning Commission Application No. 83012 submitted by Sanver Knutson fora special use permit to conduct a small engine repair home occupa- tion in the garage of the residence at 1112 Emerson Lane North. The Planning Commission recom•nended approval of Application No. 83012 at its March 31, 1983 meeting. 11. Gambling Licenses: a. St. Alphonsus Church - Application for Class B Gambling License (requires majority vote of the City Council to pass) - Waiver of the $10,000 fidelity bond (requires a unanimous vote of the City Council to pass) *12. Licenses 13. Adjournment MEMORANDUM TO: Gerald G. Splinter, City Manager ` FROM: Tom Bublitz, Administrative Assistant / DATE: April 8, 1983 / SUBJECT: Adoption of Cable TV Franchise Ordinance On March 14, 1983 the City Council approved for first reading an Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violations: Providing for Administration and Enforcement and Periodic Review. The City Attorney has recommended certain amendments to the ordinance since it was approved for first reading. The specific amendment recommended by the City Attorney is found in Section 2 of the ordinance. The language change recommended by the City Attorney is described in the attached letter. The ordinance before the Council this evening is presented for an amended reading and contains the language change recommended by the City Attorney. The following language was approved at the first reading of the ordinance: Section 2 Violations. Any violation of the ordinance adopted by reference in se 1 of thi ordinance is declared to be in violation of the ordinances of this City when such violation occurs in this City, and shall constitute a misdemeanor. Upon conviction, the penalty shall be that applicable to such violations as prescribed by the ordinance of this City. The language recommended by the City Attorney's office replaces the above language. t { c lc I d 4.1 lac•;, a. tcclt . € }'BII'ctc 9: l }racrz . t ►r,tt,s. »r:ri March 15, 1983 � C1) First Bank Place West ,viinnteaPolis Urv,erota 55402 Telephone 472 333 -0543 Mr. Tom Bublitz Administrative Assistant Ctayton L.L. €Fevere P Lefler City of Brooklyn Center J Denniso'Brl<:n 6301 Shingle Creek Parkway .lohn E. Drasrz Brooklyn Center, Minnesota 55430 av:d J. Kenn , '_�dy . J hn P Dfmn G;enn E. Purdue Re: Adoption of Cable TV Franchise FrcJ,ard J- Scnie" cr L i e Fe. vere P L:aier Ni Dear Tom: effrey J. Strand 1.1a;y J Ejo "dt_nd The Ordinance adopting the cable TV franchise by reference John G. Kr ssd cay!e, contains a violations section which requires some changes. C,Ind v L. Lavotato Our ordinances are not codified and there is no penalty r•.^ ,haa , A. N ^sh section which applies uniformly to all sections of the Ordi- E_uKe R. Kornarek Joan N Erickson nance. We typically have a penalty clause for each section of Fri '0D. Horan the ordinance book. Section 2 of the adopting Ordinance should read as follows: Section 2. Violations and Penalties. Any person, as defined in the Cable Communications Ordinance, who vi any provisions of the said Ordinance shall, upon conviction thereof by lawful authority, be pun - ished by fine not to exceed $500.00 or by imprison - ment for a period not to exceed 90 days, or bot and shall be liable for the costs of prosecution. If you would make that change in the Ordinance (or pass this letter along to the responsible party) it would appreciated. Also, section 9 of City Ordinances deals with franchises and the Cable Communications Ordinance should probably be indexed in that section. Please call if you have any questions. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ Richard J. Schieffer RJS /cd cc: Mr. Gerald Splinter, City Manager MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF B12WPIN IN THE STATE OF MINNESOTA REGULAR SESSION MARCH 14, 1983 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor 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 Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman, and Tom Bublitz. OPEN FORUM Mayor q ist noted he had received a request from Mr. Ed Dilley, 6845 North York Place to use the Open Forum session this evening. Mayor Nyquist recognized Mr. Dilley who stated that he was upset over the proposed condemnation of land in the area of his townhouse, and that because of the condemnation of land the utilities in his development would have to be moved and the roads resurfaced. He stated he was disturbed that the negotiations have been going on with Mr. Sheehy and the City regarding the condemnation. The Manager he Cit Man er stated that it was his understanding that Mr. Sheehy is the owner of record for the property Mr. Dilley is referring to, and that he would defer to the City Attorney who has been involved with the negotiations with Mr. Sheehy. The City Attorney explained that the title was reviewed and that the county records show that Sheehy Construction was the owner of the property. Mr. Dilley stated that he was concerned over the road realignment and who would be responsible for relocating the utilities. Mr. Dilley stated that he was upset that he and the other owners in the townhouse development had not been contacted regarding the plans for the roadway realignment. The City Attorney commented that apparently Mr. Dilley was under the belief that the Homeo -,hers Association owns the property in question, but that since the development was not completed, the developer would normally retain control over the property until the majority of the property was developed. In response to a question from Councilmember Lhotka, the Director of Public Works explained that the item in question concerns realignment of Shingle Creek and 69th Avenue in the area of their intersection. He explained that, in conversations with the Assistant Ci ty Engineer, Mr. Dilley was told that the project does not now have a specific schedule for construction but that acquisition of the necessary right of way would necessarily come before any construction program could be established. He added that at this time he sees no need to relocate utilities servicing the existing townhouses, although he added, the roadway realignment may affect the vacant lots in the development depending on how the builder wants to develop the lots. 3 -14 -83 -1- The Director of Planning & Inspection stated that Mr. Rod Bernu has filed a site plan application for the area., and that the staff has told Mr. Bernu that the staff would not process the application unless he allowed for the roadway realignment in the site plan . As a result, he pointed out that Mr. Bernu and Mr. Sheehy spoke with the Homeowners Association concerning the roadway realignment and the site plan. The Assistant City Engineer commented that he remembers talking to Mr. Dilley's wife and stating that specific plans for the roadway realignment are yet to be developed. He added that he discussed the acquisition of right of way with Mr. Dilley's wife and explained that this was an immediate action. Councilmember Scott inquired whether the City held a public hearing on this item. The City Manager explained that no formal notice was issued but a meeting was held and people from the neighborhood did attend. He added that the City did reserve right of way in the Earle Brown Farm Estates Townhouse Development for the roadway realignment. Councilmember Theis stated that he recalls that the roadway realignment was discussed during onsideration r �' g of the Earle Brown � arm Townhouses Development. He added that the Council passed action giving the authority to staff to contact the proper state agencies regarding the roadway realignment affect on the Palmer Lake nature area. The Director of Public Works commented that he is sure the Council record will also show that the staff was given authorization to proceed with acquisition of right of way for the project. Mr. Dilley stated that he did not appreciate the fact that he was not notified of the project. Councilmember Theis requested the staff to set up a meetin g with Mr. Dilley and review the plans for the roadway realignment. Mayor Nyquist explained to Mr. Dilley that the staff will meet with him and other interested members of the Homeowners Association to discuss the roadway plans. Mr. Dilley explained that he would be at the Planning Commission meeting on Thursday evening anyway, and that the staff could review the plans with him that evening. Mayor Nyquist commented on the tragic drowning which took place in Shingle Creek on Friday. He added that apparently the only positive aspect of the situation was that r r r the eme se pe very well. He added that he had received calls from City residents inquiring whether anything could be done. He asked the City Manager to review the situation concerning what has been done to minimize the risk of any possible future incidents. The City Manager reviewed the construction of Central Park with regard to minimizing the risk of problems with the creek. He commented on a number of items with regard to educating young children with regard to the hazards of venturing onto thin ice and water safety in general. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members requested any items removed from the Consent Agenda. No Council members requested any items removed from the Consent Agenda. APPROVAL OF MINUTES - FEBRUARY 28, 1953 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting cf February 28, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 3 -14 -83 -2- LIC MFS There was a moti.on by Councilmmber Lhotka and seconded. by Councilmember Scott to approve the following list of licenses: CIGARET LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. FOOD ESTABLISHMENT LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. GASOLINE SERVICE STATION LICENSE Northwestern Bell 6540 Shingle Cr. Pkwy. ITINERANT FOOD ESTABLISHMENT LICENSE B.C. Jaycee Women 5900 Humboldt Ave. N. Evergreen Park Elementary APT 7200 Dupont Ave. N. MECHANICAL SYSTEM'S LICENSE A -abc Appliance & Heating, Inc. 611 W. Lake St. Air Comfort, Inc. 3944 Louisiana Circle All Season Comfort, Inc. 55 Mound Ave. C.O. Carlson Air Conditioning Co. 709 Bradford Ave. N. Frank's Heating & Air Cond. 3107 California St. N.E. Golden Valley Heating & Air Cond. 5182 W. Braodway Hutton & Rowe 717 VanBuren St. Kraemer Heating 6151 Yucca Cricle Lakeland Sheet Metal, Inc. Rte 2, Box 273 Marsh Heating & Air Cond. 6248 Lakeland Ave. N. Midwest Heating & Air Cond. 9809 Valley Forge Ln. Modern Heating & Air Cond 2318 lst St. N.E. Royalton Heating & Cooling Co. 4120 85th Ave. N. SBS Mechanical, Inc. 7160 Madison Ave. W. Standard Heating & Air Cond. 410 W. Lake St. Thompson Air Conditioning 5115 Hanson Court Ray Welter Heating Co. 4637 Chicago Ave. Fred Vogt & Co. 3260 Gorham Ave. Yale, Inc. 3012 Clinton Ave. S. NONPERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy: PERISHABLE VENDING MACHINE I.,ICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. SPECIAL FOOD HANDLING LICENSE LaBelle's 5925 Earle Brown Dr. Weight Loss Med. Center 6040 Earle Brown Dr. 3 -14 -83 -3- Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. N,AYOR' S PROCLAiMATION FOR MS. MASAMI IIDA, viayor lquist res eaproc ama i n To ,s. Masami Iida of Osaka, Japan declaring her to be an honorary citizen of the City of Brooklyn Center. He explained that Masami, the Brooklyn Center Rotary Club's foreign exchange student, has been an asset to the City of Brooklyn Center and Brooklyn Center High School where she has been enrolled for the past year. He expressed a personal interest in Masami since .she spent five months with the Mayor's family. Ms. Iida explained to the Council and members of the audience that she will miss everyone and that she hopes to come again and visit. P RESENTATION OF AWARD TO CITY COUNCIL FROM MINNESOTA NATIONAL WATER SKI TEAM Mr. Hank Longo, representing the Minnesota National Water Ski Team, presented a plaque to the City Council which expressed thanks for allowing the water ski team to ski on Twin hake. He explained that the Minnesota team set a new state record and came in second in the Midwest competition. He added that the team also set a world stunt record in Brooklyn Center and then again in Cyprus Gardens, Florida. PUBLIC NEARING REGARDING = DESIGNATION OF A HOUSING DEVELOP= ,711 PROJECT PURSUANT TO 1 ,SOTA STATUTES, SECTICi? 462.411 rT. SEA. , L. MUNICIPAL HOUSING & REDEVET P1N =ITT ACT AND THE TAX 1NCR MIT FINANCING D I 'TRICT PURSUAINT TO MIENESOTA STATUTES, SECTION 273.71 TO 273.78 INCLUSIVE, THE TAX II�TCREP1ENT FIN ld INGACT The City Manager explained that since the contract between the City and the developer has not yet been finalized, he recommended opening the public hearing and continuing it until March 28, 1983. Mayor Nyquist opened the meeting for the purpose of a Public Hearing Regarding the Designation of a Housing Development Project, Pursuant to Minnesota Statutes, Section 462.411 et. seq., the Municipal Housing & Redevelopment Act and the Establishment of Tax Increment Financing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, the Tax Increment Financing Act. No one appeared to speak at the public hearing and the Mayor entertained a motion to continue the ublic hearing until March 28, 1983. p g There was a motion by Council-member Scott and seconded by Councilmember Hawes to continue the Public Hearing Regarding the Designation of a Housing Development Project, Pursuant to Minnesota Statutes, Section 462.411 et seq., the Municipal Housing & Redevelopment Act and the Establishment of Tax Increment Financing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, the Tax Increment Financing Act until the regularly scheduled Council meeting on March 28, 1983. PLAI`?NING COMMISSION ITEMS PLATITiING C01 APPLICATION N0. 83003 SUBMITTED BY THE CITY OF BROOKLYN C , TER TO hFZ0_NE T-7077370 The City Manager explained Planning Commission Application No. 83003 was tabled at the Commission's January 27, 1983 meeting and referred to the Southeast 3 -14 -83 -4- Neighborhood Advisory Group for review and comment. Ile added that the Planning Commission recommended an amendment to the comprehensive plan through Planning Commission Resolution No. 83 -1 and approval of the rezoning through Planning Commission Resolution No. 83 -2 at its March. 3, 1983 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages 3 through 5 of the minutes of the January 27, 1983 Planning Commission meeting and pages 1 through 9 of the March 3, 1983 Planning Commission meeting minutes. He also reviewed the Planning Commission information sheets prepared for the application. The Director of Planning &, Inspection then reviewed for Council members Planning Commission Resolutions lo. 83 -1 and 83-2. The Director of Planning & Inspection proceeded to review the location of the subject parcel and noted that the existing zoning on the parcel is R3. He explained the application is requesting that approximately one /half of the land be rezoned to R6. He next reviewed a transparency of the preliminary plat of the area and reviewed the zoning lines on the plat. The Director of Planning & Inspection explained that, at its January 27, 1983 meeting, the Planning Commission reviewed a letter from Mr. Brad Hoffman regarding the rezoning request. He reviewed the letter for Council members and noted the letter referred to a market study done under the City auspices which showed a need for elderly housing in the City. He added that the City's Comprehensive Plan also indicates a need for elderly housing. With regard to the subject parcel, the Director of Planning& Inspection explained that much of the land was owned by the Minnesota Department of Transportation, and that the City Council had authorized condemnation proceedings to acquire the property. Fie reviewed the Comprehensive Plan Amendment proposed in conjunction with Planning Commission Application No. 83003,and also the proposed Council resolutions including a Resolution Amending City Council Resolution No. 82 -55, and a Resolution Regarding the Disposition of Planning Commission Application No. 83003. PLA1J11 COMMISSION APPLICATION 110. 83005 SUBMITTED BY BROOnY CENTIF HOUSING AND REDEVFLOPP AU FOR PRELIi7I11�RY PLAT APPROVA TO SUB➢NIDE INTO THREE LOPS AND DEDICATE RIGHT- OF -I ^dAY FOR 1-0 ; H LTLii C DRIVE t ROI'n Ih� L0 AT THE SOUTHEAST QUADRAI`T OFOF I -94 AND HIG HidAY 100. The Director of Planning & inspection reviewed for Council members the proposed preliminary plat and also the site plan prepared for Planning Commission Application No. 83004. He explained that the project was comprised of three major areas: Building B, a 65 unit three story plus rental building, Building A, a five story 73 unit condominium, and 32 townhouses. He reviewed the parking plans for each phase of the development. He noted that handicapped units will be available in both Buildings A and B, and the townhouses. He added that Homeowners Associations' would be created in both the townhouse development and the condominium building. He explained the Associations' would be separate. The Director of Planning, & Inspection presented and reviewed for Council members pages 6 through 8 of the lurch 3, 1983 Planning Commission meeting minutes, and the conditions of approval recommended by the Planning Commission for Application Nos. 83005 and 83004. Councilmember Lhotka asked what the distinction was between a condominium association and a townhouse association. The City Manager explained that a 3 -14 -83 -5- condominium association uses an as built survey and there is only a single lot for all the units, whereas, a townhouse development shows individual lots. The City Attorney commented that there really is not a great deal of difference in the two associations but that they are different ways of describing real estate. The Director of Planning & Inspection explained the townhouse development will be similar to the condominium arrangement, in that owners won't actually own the land, but it will be controlled by the condominium association. He added that this is why the lots and blocks are not being proposed in conjunction with the application. In response to Councilmember Lhotka's request for further clarification, the architect for the project stated that, for financing purposes, the condominium documents were necessary for Building A, and that legally these documents are not much different for townhouse developments and are required for financing under FHA mortgages. He added that the developer chose to go with the same division for the townhouses as for the condominiums. He added that the developer is going through one division of HUD for Building A, and that it was beneficial to continue with the same governmental body for the townhouses. The Director of Planning & Inspection presented and reviewed for Council members pages 8 and 9 of the March 3, 1983 Planning Commission minutes regarding the recommended findings of the Planning Commission concerning the elderly development to be financed by tax increment financing. Councilmember Lhotka asked the staff to comment on how the findings will be implemented. The City Manager explained that the City will go as far as possible with regard to enforcing the conditions to the extent the FHA requirements will allow. Councilmember Lhotka then asked how the elderly qualifying for the project in Brooklyn Center will become informed in an understandable way. Administrative Assistant Hoffman explained that the City will do a number of things, noting that one which has already been accomplished is the collecting of names of people interested in the project. He noted 280 names have been collected so far. In addition to the list of names, he stated that the direct mailings will be sent to people applying for senior citizen sewer rates. The City Tanager stated that he believes most of the people the staff has talked to regarding the project are quite knowledgeable with regard to the living arrangement presented by this type o a project. Councilmember Lhotka asked when the project will be marketed. Administrative Assistant Hoffman stated that it is still proposed for the first part of May of this year. Mayor Nyquist recognized Mr. Phil Cohen who stated that the developer has suggested that when the project is ready to market, an open house could be held at Earle Brown School for the people on the waiting list and in the general neighborhood to give them an opportunity to review the plans. Mayor Nyquist opened the meeting for the purpose of a public hearin on a Resolution Amending City Council Resolution No. 82 -255 (Comprehensive Plan Relative to R3 Zoned Land at the Southeast Quad rant of I -94 and T. H. 100. He inqui red if there was anyone pre - ent 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 Scott to close the public hearing on aResolution Amending City Council Resolution No. 82 -255 3 -14 -83 -6 -. (Comprehensive Plan) Relative to R3 Zoned Land at the Southeast Quadrant of I -94 and T.H. 100. Voting in favor: Mayor. Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83 -43 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AA'1IDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREI1TSIVE PLAN) RELATIVE TO R3 ZONED LAND AT THE SOUTHEAST QUADRANT OF I -94 AND T.H. 100 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof; Dean Nyquist, 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. Mayor T opened the meeting for the purpose of a public hearing on a Resolution f Planning Commission Regarding the Disposition o g Application No. 83003 Submitted by the City of Brooklyn Center. 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 Hawes and seconded by Councilmember Theis to close the public hearing on a Resolution Regarding the Disposition of Planning Commission Application No. 83003 Submitted by the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION N0. 83 - Member. Gene Lhot ka introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION N0. 83003 SUBMITTED BY THE CITY OF BROOKLYN CINTPER 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. PLANNING C011-1IISSION APPLICATION N0. 8300 SUBr °TITTED BY BLUA17TTALS ARCHITECTURE FOR SIT Aw BUILDING PLAN APPROVAL FOR Thai =PART HOUSING DEVELOPNI�TT, INCLUDING R ENTAL LTTIT 73 CUNDOPiINIUI S, Ai L 2 TC�'i "�iiIOUSES AT TIC SOUTHEAST QUADRANT 7 — I - M H 05 The City �an age r explained Application No. 83004 was tabled on January 27, 1983 and was recommended for approval at the March 3, 1983 Planning Commission meeting. The City Council reviewed architectural renderings of the project presented by the project architect. 3 -14 -83 -7- The Director of Public Works reviewed the planned traffic circulation in the project area and the plan to develop Lilac Drive to a two -lane street. The plans included an interruption of Lilac Drive at Fremont which would be composed of a physical barrier which would restrict traffic to neighborhood traffic, thereby, reducing the through traffic. He proceeded to review the traffic forecast for traffic related to the project. The Director of Public Works reviewed discussions of traffic considerations held during neighborhood meetings in the project area. He noted that the staff conclusion was that keeping the volume of traffic on 62nd will best served by making Lilac Drive a two -way. He noted the comments of one of the residents in the area, Mr. Curtis Ward, 6131 Emerson Avenue North, who expressed a concern regarding traffic volumes and proposed traffic patterns on the Lilac Drive -62nd Avenue segment, and that he believes traffic volumes on 62nd Avenue will increase because of the plans for Lilac Drive to become a two -way street. Mayor Nyquist recognized Mr. Jim Zemberg, 6114 Girard Avenue North, who expressed appreciation to Mr. Phil Cohen and the City staff for the tremendous job they have done with regard to the housing project. He added that he believes the project will be an asset to the City. ACTI ON PLANNING COMMISSION APPLICATION NO. 83004 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 83004 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 issuance of permits. 3. A site performance agreement and supporting financial guarantee (in 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. Building A and Building B are to be equipped with an automatic fire extinguishing system to meet 17 PA. Standards and shall be connected to a central monitoring device in accordance 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. Building permits for Buildings A and B are subject to completion of the rezoning process (description of the land in the Zoning Ordinance) and filing of the plat at Hennepin County. 3 -14 -83 -8- 9. Plan approval acknowledges proof -of- parking for 40 spaces on Lot 2 (Building A) and 38 spaces on Lot 1 (Building B) . These parking stalls shall be installed if the City determines that installed parking spaces are insufficient to meet demand. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ACTION ON PL .ITINING COIvIMISSIOY AP PLICATION NO. 83005 Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83005. 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 Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 83005. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 83005 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. Condominium association documents for Lots 2 and 3 are subject to review and approval by the City Attorney. 4. The Brooklyn Center Housing and Redevelopment Authority shall enter into a contract with the developer stipulating condominium form of ownership for Lots 2 and 3 prior to final plat approval. 5. Fremont Avenue North right -of -way shall be legally vacated by the City prior to final plat approval. 6. The preliminary plat shall be modified to indicate appropriate utility easements in accordance with the City's site utility plan prior to final plat approval. 7. 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. Mayor Nyquist recognized Dr. Duane Orn who stated that he was the Chairman of the Citizens Committee which put the project together and included C.E.A.P. and the Chamber of Commerce. He added that he would like to thank the Council for their time 3 -14 -83 -9- and energies, and also the staff, including the Director of Public Works, City Manager, and Administrative Assistant Hoffman. He also thanked Mr. Phil Cohen and the Planning Coimnission for their role in the project. He added that he thinks it i will be a good project and a great addition to the City. ! RECESS TEie Center City Council_ recessed at 9:07 p.m. and reconvened at 9:23 p.m. AN ORDINAILTCF A1•5TIDING CHAPTER 35 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS BEING WITHIN THE R3 AIy ZONING DI STRICT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Lard. Voting in favor: MayorTTyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. Councilmember Theis returned to the table at 9:24 p.m. The Director of Planning & Inspection stated that the ordinance would be again brought back to the City Council for a second reading when all the required documents had been prepared. RESOLUTIONS The City Manager introduced a Resolution Receiving City Engineer's Report Establishing Brookwood Development Improvement Projects Nos. 1983 -04 and 1983 -05 and Sidewalk Improvement Project No. 1983 -06, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983 -E). Councilmember Hawes noted a correction in the resolution and explained that the V- 44,000 stated in the resolution should total 14 63,690. The Assistant City Engineer explained that the engineer's report is correct and the figure should be $463,690• N 8 R E SOLUTI O N 0 3 - 45 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY FNGI1U - UR' S REPORT, ESTABLISHING BROOKWOOD DEVELOPDTNT ITS PROVED= PROJECTS NOS. 1983 -04 AT,D 1983 -05 AND SIDFFr'ALK I_P PROVEC -�'- PROJFCI N0. 1983 -06, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISE1 FOR BIDS m m I � - cor���RAel1 E ( 9�-3 ) The motion for the adoption of the foregoing resolution - vms duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene .Lhotke, 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 Authorizing Submission of the City of Brooklyn Center Community Development Program to Hennepin County for Consideration as Fa,; „ t of the Urban Hennepin County Community Development Block Grant Application, in Accord with the Housing and Community Development Act of 1974, as Amended. Councilmember Scott inquired who would be administering the program regarding the purchase and rehabilitation of homes. Administrative Assistant Hoffman stated that he hoped the Housing Commission will pursue this project. Councilmember Scott 3 -14 -83 -10- then asked whether there was any possibility of using Vo -Tech students to do the actual rehabilitation work. Administrative Assistant Hoffman commented that this would be an interesting concept and that essentially the City is acting as the general contractor in the rehabilitation work, and that this could be a good approach and worth investigating as a means to accomplish the program. He added that the purchase of the home would have to be approved by the City Council. Councilmember Theis expressed a concern over who would provide the expertise in doing the rehabilitation work if the Vo -Tech were not available. The City 'Manager replied that it would not be feasible for staff to do this type of work, and that it would be necessary to use some type of professional assistance to do the actual remodeling design and rehabilitation. He added that he would like to make the project work since it would solve some of the housing problems in the City and would help to maintain a good housing stock. He added that numerous items must be explored before the project can get underway. RESOLUTION NO. 83 - Member Bill 'a Introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPi�"I= PROGRAM TO N�?NEPII�i COUNTY FOR CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMP UI TITY DEVELOPI=T BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COITU1 , TITY DEVELOPIIE T ACT OF 1 j74, AS AMENDED I The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the follotiring voted in favor thereof: Dean Nyq_uist, 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 Authorizing the Return of $65,000 in Community Development Grant Funds to Hennepin Urban County. He explained that in year VII of the Community Development Block Grant Program the City allocated $65, 000 for the future construction of a senior citizen center, and since that time the local area office of HUD has made a determination that the proposed project does not benefit low and moderate income people, and is therefore, ineligible. Councilmember Lhotka inquired whether the money could be used for other projects. r Administ_ative Assistant Hoffman commented that it is difficult to make use of community development funds on worthwhile projects partly due to the HUD regulations. There was a general consensus among Council members to return the money to HUD with the recommendation that the money not be spent elsewhere on other HUD projects. RESOLUTION NO. 83 -47 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE RETURN OF $65,000 IN COMM ITY DEVELOPIMT GRANT FUNDS TO I= PIN URBAN COUNTY 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. 3 -14 -83 -11- The City Manager introduced a Resolution Regarding Disposition of Planning Commission Application No. 83001 and a Resolution Authorizing Execution of an Agreement with Howe, Inc. Regarding Acquisition and Use of Excess Highway Right -Of- Way. Councilmember Theis asked the City Attorney whether he was satisfied with the agreement. The City Attorney commented that he believed it was a good agreement between the City and Howe, Inc. Mayor Nyquist inquired whether Mr. Tom Howe was satisfied with the agreement. Mr. Howe replied that he was satisfied with the agreement. RESOLUTION NO. 83 -48 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DENYING THE APPEAL OF HOW,, INC. 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 duly passed and adopted. RESOLUTION NO. 83 -49 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT REGARDING THE USE OF EXCESS MN /DOT RIGHT -OF -WAY BY HOWE, INC. The moton for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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 Approving Portions of Classif ication List 11 663-10 1 . The Director of Public Works reviewed the location of outlot 1 , Sunnybrook Terrace for the City Council, and described the parcel and explained that it was not a buildable site. He also reviewed the second lot which was lot 5, block 3, Elsens City View second addition, and explained that the public sale of the parcel is being recommended. Councilmember Theis commented that the lot in Elsens City View addition may be difficult to build on due to poor soil conditions. RESOLUTION NO. 83 -50 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PORTION OF CLASSIFICATIOfl LIST 11 663 -SIC" FOR PRIVATE SALE 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: 3 -14 -83 -12- 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 -51 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PORTION OF CLASS IFICAT10I1 LIST 11 663 -NC" FOR PUBLIC SALE 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 Scott, thereof: Dean T ?yquist, 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 Approving Preliminary Layout Plan for the Improvement of T.H. 252 from the Junction of T.H. 694 to the North Corporate Limits and a Resolution ReauestingPI /DOT to Incorporate Certain Design Features into the Construction Plans for the Improvement of T.H. 252 from the Junction of T.H. 694 to the North Corporate Limits. The Director of Public Works reviewed the preliminary layout plan for T.H. 252 development. He explained the state is asking the City for approval and that the process is a two -step process, first action by the City Council to approve the preliminary plan, and second, a request to 11\1 /DOT to include certain design features in the plan. He explained the staff recommendations are to approve the general layout and then to be very specific in &hat the City wants in the construction plan. The Director of Public Works reviewed the staff recommendations regarding design features for the T.H. 252 construction. Councilmemaer Lhotka suggested adding sidewalks into the request submitted to 1 /DOT. The Director of Public Works stated that it would be unlikely that 1'rn1 /DOT would include sidewalks in the construction program but that they could be added to the request. RESOLUTION NO. 83 -52 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY LAYOUT PLAIT FOR THE IMPROVEMENT T.H. 252 FROM THE JUNCTION OF T.H. 694 TO THE NORTH CORPORATE LIMITS resolution duly seconded b membe r The motion for the adoption of the foregoing _ esolution was d y y Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RES OLUTION NO. 83 -53 7mber Celia Scott introduced the following resolution and moved its adoption with the stipulation that the resolution be amended to include sidewalks in the designed 3 -14 -83 -13- features requested of MN /DOT for T.H. 2.52 improvements. The motion was seconded by Councilmember Hawes. RESOLUTION REQUESTING THE MINNESOTA PFPARTMFI�T OF TRANSPORTATION TO INCORPORATE CERTAIN DESIGN FEATURES INTO THE CONSTRUCTION PLANS FOR THE IMPROVEMENT OF T.H. 252 FROM THE JUNCTION OF T.H 694 TO TEED NORTH CORPORATE LIMITS The motion for the adoption of the for 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. PERMIT FOR USE OF EXPLOSIVES IN BROO1= CENT BY LAYNE 1 COMPANY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the permit for the use of explosives in Brooklyn Center by Layne Minnesota Company with the following conditions: 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 nontransferable. 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. T�Ionday through Friday. No blasting operations will be permitted on Saturday or Sunday. 0 g Use of blasti materials to aid in drilling the well through 4• � g soil formations overlying the aquifer is prohibited. 5. The maximum shot size for any single detenation shall be 10 lbs. 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. Voting in favor: Mayor Yyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. • 3 -14 -83 -14- ORDINAPICES AN ORDITIAI 1MI CHAPTER 35 OF TIT CITY ORDINA ESTABLISHING FLOOD PLAIN USE There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve for reading An Ordinance Ar.:ending, Chapter 35 of the City Ordinances Establishing Flood Plain Use Permit Fees, end to set the public hearing date on the ordinance for April 11, 1983 at 8:O0 p.m. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDIITAIICE ADOPTIr1G By PT FERFt'?CE T:IF; NORT � ST S L�I3'= J OITIT CABLE COPU UTTICATIOIIS _t: `'I 1''0R V? 7I' `_ I TIS; PR�VII)IiyG F` R Ai':ITiISI1TION AbD NFORC11.1ENT AK: ' 1?IODIC R�VJ q' - There ijas a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violation: Providing for Administration and enforcement and Periodic Review and to set the date for public hearing on the ordinance for 8:00 p.m. on April 11, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION IT111S TORT Pl��EP SS w= - MARCH 20 TO T AR 26 , 1983 The City Manager reviewed a memorandum from the Chief of Police regarding Tornado Preparedness Week and explained that the Governor of Minnesota will proclaim the week beginning the 20th of March running through the 26th as Tornado Preparedness Week, and that a state wide tornado drill will be initiated at 1 :10 p.m., Wednesday, March 23, 1983 as a part of the preparedness week. He noted that the drill will not be as extensive an exercise as the one carried out by the City two years ago. He suggested that perhaps the newer Council members might want to review the CitI %'s emergency preparedness plan in more detail with the City Manager and Chief of Police. POLICE DEPARTIUNT TV SECURITY SYSTEM The City Manager reviewed a memorandum from Administrative Assistant Hoffman ,regarding the Police Department TV Security System. He explained that on February 10th of this year bid proposals were opened for a proposed closed circuit television system for the police department, and that the bid proposals ranged from a low of $4,052 to a high of $7,994. He added that the proposals were reviewed by W.H. Montgomery, the City's Consultant, and it was recommended the low bid of Hoffman Electric be rejected because it did not meet the specifications of the bid. Additionally, he pointed out, a proposal from Security Products in the amount of $4,182 was also rejected because it did not meet the specifications of the bid. He stated that the staff recommendation is that the proposal of Alpha Video & Audio in the amount of $4,218 be accepted He pointed out that the proposal_ of Alpha Video & Audio is the lowest quote meeting the requirements of the bid specifications. He added that the original estimate for the project was $10,000. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to accept the quote of Alpha Video,,',' Audio in the amount of $A -, 218 for the closed circuit television security system and the police department and noting that the bid of Alpha Video & Audio was the lowest bid meeting the bid specifications. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 3 -14 -83 -15- LICIl E FEE SCHEDUIE Coancilmember Theis inquired when the last time the City's fee schedule was adjusted. The Director of Planning & Inspection noted that the planning fees were adjusted in 19,91 and that the remainder of City license fees were reviewed in 1976. Councilmember Theis commented that it is probably time to take a look at the City's license fees again. ADJOITITTENT There was a motion by Councilmember Lhotka and seconded by Coancilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:30 P.M. Clerk Mayor 3 -14 -83 -16- Z­ MINU`aS OF THE PROCEEDINIGS OF TIM CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 28, 1 983 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:08 p.m. ROLL CALL Iayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City r, gineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. OPEN FORUM Mayor Nyquist stated he had received several requests to use the Open Forum session this evening. The first request he recognized was from Mr. & Mrs. Dan Smith, 6264 Brooklyn Drive. Mr. Smith stated that he and his wife live along Shingle Creek and were directly involved with the recent drowning in the creek. He explained he had been given a circular distributed in his neighboc•hood which requested residents to attend the Council meeting. He stated that he was here to corrunent on the solutions to improve the safety of the creek and the possible affects on the property owners, wild life, and fishin�g. He requested the Council to give consideration to the park, and what it is used for, in any action taken, with regard to the safety of the creek. He pointed out that if the creek is changed he requested the Council to give careful consideration to all the alternatives. Mrs. Smith stated that she woizid like to see signs cautioning people against deep water, and would also like to see people trained and equipped for drowning situations. She explained that the fire chief told her that the City had three people trained as divers but that two were out of town and one could not be reached, so as a result, Hennepin County had to be called. Mrs. Smith also added that she noted several metal pipes or stakes in the creek near the library which we sticking out of the water and could be a hazard to children in the creek. The City Manager stated that he believes the debris from the creek has been removed but he would follow up on the library location. He explained that the staff is doing a review of the water safety in the area, and as a part of that review, the staff has taken water depths at the pedestrian bridges located along Shingle Creek. The Director of Public Works proceeded to review the soundings taken along, the creek, and noted that at the bridge located at the north end of the park water was 3 1 /2 feet deep with 2 1 park t 2 to 3 feet of muck. At the center bridge the depth of the water was 8.3 feet deep with a solid bottom. At the third bridge along Shingle Creek in Central Park the water was 4 1 feet deep with another 4 1/2 feet of muck on the bottom. Mrs. Smith stated that she does not know where the 15 feet to 20 feet deep number came from on the notice that wa,s distributed to people in her neighborhood but she stated 3 -28 -83 -1- she was informed by the rescue people that the depth of the creek was 10 feet. She added that she believed it was best to educate children with regard to the danger of water, and also to provide signs along the creek warning of deep water and thin ice. The City7olanager explained that the construction design of the c ?•eek was 7 feet. He added that the bridges in the park are located at the sites of the best soil in the park, and that the staff is intending to conduct other soundings along the length of the creek. He added that because of the muck in the creek the deeper areas in the creek should tend to fill in as the flow of the creek caves in the deep spots. He pointed out that the construction improvements in the park were also designed to slope the creek banks to prevent drop offs. Mr. Smith added that he would like to make sure that any decision is well thought out by the City. Mayor Nyquist recognized Mr. & Mrs. Pavlak, 2500 63rd Avenue North. Mrs. Pavlak stated that she was the person who vr-jte - the letter to the Post regarding the drowning incident. Mr. Pavlak stated that one person whom he talked to stated that the City has wet suits but they were being repaired at the tilme and also that another individual stated that the suits belonged to the volunteers. Mrs. Pavlak stated that she believes there is a state statute that says Hennepin County is to be involved in related accidents as soon as possible. She added that the statute number is 387.03. She stated that it took 40 minutes for our people to call Hennepin County. She explained that the park improvements attend to attract people to the parks, and that after talking t) Hennepin County she believes they are doing the best they can with their resources being spread so thin because of budget problems and cut backs. She explained that e, - i_n i-iennepin County arrived they found the little girl very quickly. She stated that she believes we need better rescue for water rescues now that we are improving the parks. Mrs. Pavl�k noted that the cost of a wet suit and equipment similar to the equipment used by Hennepin County would cost course would be b etween approximately $900, and that a .mix week diving certification '250 and $300 per person. She suggested that perhaps this training should be added and that rescue is needed for people who don't pay attention to signs and warnings. The City Manager explained that the staff is still trying to confirm the times l r situation but that one diver arrived before the main invo �n the drowning si ua , , Hennepin Count team; however ne pointed out that this is contingency of the � p y , p preliminary information and he has yet to confirm it. He added that the staff is re po r t looking, at a number of items and within two to three weeks a written .. r t will be submitted to the Council concerning the situation and any recommendations for the T future. He added that he plans to work witri trie Head of Forth Memorial I s eTnf, z gency unit and he is awaiting his return from vacation. Tlayor Nyquist recognized 'Mr. Tim Tigue, 5717 Brooklyn Boulevard. Mr. Tigue stated that we all understand we need divers and equiprnerlt and asked how long do we have to wait. The City Manager explained that there are other alternatives, such as a special dre; to recover people, and also electronic locaters used in conjunction with diving. Councilmember Lhotka stated th d'; 1,ne City Manager has explained that a report will be submitted from the staff in three weeks with erommendations to the Coiiric .l_, He added that the- decision will not take s x rnonths or a year but that t1 re C Jilnci does want all the information before a doc i ;;ion is made. He added that he would not make a decision on only a part of the information. 3 -28 -83 -2- Mayor Iiyquist recognized Mrs. Donna Zieska., 5455 Brooklyn Boulevard, who stated that she would like to speak on the subject of changing from the Robbinsdale School District to the Brooklyn Center School District. She pointed out that Brooklyn Center is on the east end of District 281 and that the City is cut up into four different school districts. She stated that she believes District 281 could afford to give their portion of Brooklyn Center to a. Brooklyn Center district and that she would like to help with this. She inquired if there was any way to change this portion of District 281 to a Brooklyn Center School District. Mayor Nyquist stated that it would not be impossible and added that the issue has come up for discussion at the public/private partnership meetings held in conjunction with the Chamber of Commerce and other local organizations. Councilmember Lhotka stated that the issue has been discussed in past years but that he believes it is a legislative issue. Mayor Nyquist commented that he believes the school boards could do as Mrs. Zieska is requesting. He inquired if the City Attorney could comment on this. The City Attorney explained that if the school board's can agree on how to accomplish the change they could do it but there are complicated issues such as assessin g debts which must be addressed before the issue can be considered. Mrs. Zieska stated that Brooklyn Center is on the very edge of District 281 and that she believes the Brooklyn Center portion of the district is abused by being such a small portion of the district and added that she believes it should be in its own district. She requested the Council to recommend a course of action for accomplishing this. The City Manager stated that, as part of the City's Comprehensive Plan, the plan referred to the transportation costs related to the boundaries of the various school districts. He added that the Council's position has been that school districts should pursue the issue but noted that the City Council has no legal authority over the school districts, and that they are governed by the state legislature. Councilmember Hawes stated that he believes the issues raised by the speaker are being pursued by the Robbinsdale PAC group and other groups in District 281. Mayor Nyquist recognized Mrs. Karen Smith who inquired whether it would take three weeks for signs to be erected along Shingle Creek. The City Manager stated that signs could be installed but questioned how much good they would really do. He added that signs generally create a false sense of security and added that one problem is that smaller children cannot read. Mrs. Smith stated that she was surprised at the depth of the creek and that her neighbors, who have lived in the neighborhood longer than she, thought the creek was only 2 to 3 feet deep. Councilmember Theis suggested that contact be made with the divers in the volunteer fire department to make some arrangements for contacting them in emergencies. The City Manager explained that they do have pagers now but that it was an unusual situation where they were unavailable and not within the City limits. He added that there have been 8 drownings in Brooklyn Center in the past 20 years and that the drowning in Shingle Creek was an unusual situation. Councilmember Theis commented that the City of Bloomington, several years ago, reacted very quickly to a similar situation and fenced in its holding ponds. He 3 -28 -83 -.3- added that children cut through the fence and the fences proved inadequate. He added that he would want to assure that any action taken by the Council would not create a hazard as opposed to improving the situation. The City Manager stated that he would have a copy of the report to the Council available for Mr. & Mrs, Smith and Mr. & 1 Pavlak. CONSENT AGI'NDA items removed from the Mayor Nyquist inquired whether any Council members wished anY Consent Agenda. Councilmember Ihotka requested items 6b and 7 be removed from the Consent Agenda. RESOLUTIONS RESOL N0. 83 -54 TTIem eer Gene=iot a introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONTRACT 1983 —C (WELL NO. 3 RECONDITIONING PROJECT NO. 1983 -03) � seconded b member s duly Y the foregoing resolution was Y n of g m he adoption favor L motion for t p Celia Scott, and upon vote being taken thereon, the following voted in Rich Theis; and thereof: Dean Nyquist, Gene Lhotka, none whereur n said7zesoludtionwas decla re the following voted against the same: duly passed and adopted. LICE T ere was a motion by Councilmember Ihotka and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE LICENSE - OPERATOR 5930 Earle Brown Dr. K -Mart LICENSE ESTABLISHMENT FOOD 4215 69th Ave. N. American Bakeries 4938 Brooklyn Blvd. Alano Society 5139 Brooklyn Blvd. Brookdale Covenant Church Ave. N. .,840 Humboldt Brooklyn Center Baptist Church 6500 Humboldt Ave. N. Brooklyn Center High School 6400 Penn Ave. S. Canteen Corporation 6700 Shingle Cr. Pkwy. Me dtronics 7231 Brooklyn Blvd. CEAP M an Ave. N. Mo Country Club Market 5715 �.o g C y 5929 Brooklyn Blvd. Cross of Glory Church 5900 Humboldt Ave. N. Earle Brown Elementary School 3501 65th Ave. N. Garden City School 5532 Brooklyn Blvd. Happy Dragon Restaurant 5452 Dupont Ave. N. Harron United Methodist Church 02.40 Aldrich Ave. N. Northbrook A lliance Churcri 5421 Brooklyn Blvd. Northport Elementary School 18420 Highpath Ln. Num -Num Foods, Inc. Brookdale Snack Bar Brookdale Center - 3- 28 -83 Orchard Lane School 6201 Noble Ave. N. J.C. Penney, Co. Brookdale Center Red Lobster 7235 Brooklyn Blvd. St. Alphonsus Church 7025 Halifax Ave. N. Sears Brookdale Center Super America Service Stations 6545 W. River Rd. Super America Service Stations 1901 57th Ave. N. Willow Lane School 7020 Perry Ave. N. MECHANICAL SY LICENSE Allied Metalcraft Co. 2300 Territorial Rd. Atkins Mechanical, Inc. 6550 W. River Rd. Centraire, Inc. 13025 Pioneer Trail Consolidated Plumbing & Heating 1530 E. Cliff Rd. Egan & Sons Co. 7100 Medicine Lake Rd. Gas Supply, Inc. 2238 Edgewood Ave. S. Harris Mechanical Contracting 2300 Territorial Rd. Horwitz Mechanical, Inc. 5000 N. County Rd. 18 Noel's Heating & Air Cond. 6900 75th Ave. N. Pierce Refrigeration 1920 2nd Ave. S. Pump & Meter Service, Inc. 1800 2nd St. S. Rouse Mechanical, Inc. 11348 K -Tel Dr. Sheridan Sheet Metal Co. 4116 Quebec Ave. N. Superior Contractors, Inc. 6121 42nd Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Beadles Market 6912 Brooklyn Blvd. ,Cass Screw Co. 4748 France Ave. N. Country Boy Dairy 4401 69th Ave. N. Keehn Brothers 3400.48th Ave. N. Snyder Brothers Brookdale Center Minnesota Fabrics 5712 Morgan Ave. N. PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Hoffman Engineering 6530 James Ave. N. RENTAL DWELLING LICENSE Renewal: Manferd Rasmusson & John Christensen 7040 Brooklyn Blvd. Roland Scherber 5248 France Ave. N. Tracy Rice 7037 Logan Ave. N. H. & Val J. Rothschild, Inc. 5300 -5322 Ponds Dr. 5301 -5315 Ponds Dr. 5319 -5333 Ponds Dr. 5401 -5423 Ponds Dr. 5427 -5441 Ponds Dr. Fred Beier 5300, 04 Vincent Ave. N. Catherine P. Shefeluk 3012 51st Ave. N. Young Ho Kang 1510 69th Ave. N. 3 -28 -83 -•5- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON HOUSING DF7FLOPD T PROJECT Mayor Nyquist opened the meeting for the purpose of a Public Hearing Regarding the Designation of a Housing Development Project Pursuant to Minnesota. Statutes, Section 462.411 et. seq., the Municipal Housing and Redevelopment Act, and the Establishment of Tax Increment Financing District Pursuant to Minnesota. Statutes, Section 273.71 to 273.78, Inclusive, the Tax increment Financing Act. No one appeared to speak at the public hearing and Mayor IJyq_uist entertained a motion to continue the public hearing to - the first regularly scheduled Council meeting in April. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to continue the public hearing to April 11 , 1 983. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS The City N "anager introduced a Resolution Authorizing the Finance Director to Issue Master Notes for Temporary .Loan from the Investment Trust Fund to the Housing and Redevelopment Authority. He explained that the resolution provides for interim financing of the Brookwood Improvement Project Nos. 1 983 - 04 and 1983 - prior to the sale of bonds for the tax increment districts. Councilmember Scott inquired what the length of the notes would be. The Director of Finance stated that the length of the note would depend an the bond market. The City Manager explained the note could be as long as two to three years. Councilmember Lhotka inquired what the total bonding cost would be. Administraive Assistant Hoffman stated that the exact dollar figure would not be known until the bids on the projects are received and that this should be approximately by the end of April of this year. RESOLUTIOIT NO. 83 -55 Iiember Bill Hawes introduced the following resolution and moved its adoption: T FINANCE ,T ? R T1714 RESOLUTION AUTHORIZING THE IIIVAl` DIRECT R TO ISSUE P�ASTi�Z TOTES FOR PO RARY 0 LOAN FROM THE INVEST'IMT TRUST FUND TO THE HOUSING REDEVI]LOPIa1 AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, 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 and Approving Contract for Contract 1983 -A (Diseased Shade Tree Removal Project No. 1983 -01). He explained the City Council rejected all bids at its February 28, 1983 meeting ar_d authorized the rebidding of the contract. He explained that the low bid of Porth. Wood Company in the amount of $28,996.50 is recommended for approval. Councilmember Lhotka inquired what the low bid was on the last bid. The Assistant 3 -28 -83 -6- City Thginee'r stated that the bid of North Wood Company is within $1 , 000 from the low bid at the last bid opening. The Director of Public Works reviewed the references and recommendations received on the north Wood Company and explained that the company did a good job of public relations and communications with the cities they have done work for. RESOLUTION N0. 83 -56 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AIM APPROVING CONTRACT FOR CONTRACT 1983 -A (DISEASED SHADE TREE EIOVAL PROJECT 110. 1983 -01 ) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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 the 1983 General Fund Budget to provide for improvement of the heating, ventilating, and air conditioning system for the Civic Center. The Director of Public Works reviewed the staff recommendations for improvements to the heating ventilation and air conditioning system at the Civic Center and explained that the recommendation was to replace the existing system with a heat exchange system. He proceeded to review the estimated cost for the improvements. He explained the recommendations cannot guarantee that all the problems will be solved and that additional work may be required, such as additional windows, and painting with a water proof paint . However, he pointed out, he does not think the painting or additional windows will be necessary but the recommendation contained in the resolution before the Council is to do what has to be done to install a good heating system in the Civic Center. He added that the additional work of adding windows and painting was relatively minimal when compared to the entire system. Councilmember Lhotka requested clarification regarding what exactly was to be done to the heating and ventilating system. The Director of Public Works explained that the heat wheel installed in the building when it was originally built was state of the art at the time the building was constructed. He explained that the heat wheel is now obsolete and the recommendation is to install heat exchange coils which are as efficient and less complicated to operate than the heat wheel. He explained the improvements to the system will attempt to recover heat and at the same time remove moisture from the heat when it is returned to the system. Councilmember Ihotka inquired whether the pay back for the system would be two years. The Director of Public Works explained that this was correct and that also of the 3 Methods considered, [Tethod 3 was less expensive than 1 or 2. He added that the pay back for Method 1 is three to four years, the pay back for Method 2 is five to six years, and the pay back for P 3 is two years. i 3 -28 -83 -7- Discussion continued among Council members regarding the staff recommendations for the heating, ventilating, and air conditioning improvements. The Director of Public Works explained that, under the proposed system, the moisture would be removed from the air in the pool area, and together with additional heated air, this air would be returned to the system. He explained the humidity will be exhausted to the outside but only after the heat has been extracted for use from the moist air. Councilmember Lhotka inaui red whether this technique was being used in other pools in the metropolitan area. The Director of Public Works explained that the consultant has explained that the system is the current state of the art with regard to heating. and ventilating but that he has not checked with other pools in the area The City Planager explained that most pools that he was familiar with operated under Method 1 as contained in the Director of Public Work's memo. Councilmember Hawes pointed out an error in the resolution noting that the $17,751 in the resolution should actually be $15,751. RESOLUTION N0. 83 -57 Member Celia Scott introduced the followin g resolution and moved its adoption: RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by membel Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyauist, 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 -58 r — � win resolution and moved its ado P'Iembe._ Bill Hawes introduced the folio adoption: tion: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH OFTEDAPL, LOCKE, BROADSTOH AED ASSOCIATES, INC. FOR DESIGN OF HEATING, VENTILATING, AND AIR CONDITIONING IMPROVEMENTS FOR THE CIVIC CENTER 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 Yyquist, Gene Lhotka, Celia r ,�cott, Bill ITawes, and Rich T heis; heis; and the r said following voted against the same: none, whereupon gal d resolution was declared duly passed and adopted. R ESOLUTI ON NO. 83 -59 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR FURNISHING, LOADING AND DELIVERY OF STABILIZED GRAVEL AND FINE AGGREGA TE FOR SEAL COAT MATERIALS: FLT1-dTISHING, LOADING AND DELIVERY OF PLANT- P'IIXED BITUMINOUS MIXTURES: FURNISHING BITUP•iINOUS MATERIALS r 1 AND DIR�:CTING ADVERTISE II�T�1FN T FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being Caren 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, whereuponi said resolution was declared duly passed and adopted. 3 -28 -83 -8- APPROVAL OF CONTRACT WITH 11111K ANIMAL HOSPITAL FOR ANIMAL IMPOUNDMFIIT 70 City g nager in ror�u.ced ART agenda. item exainec that t staff is recommending approval of the agreement with the Funk Animal Hospital for animal impoundment in conjunction with the City's in -house program of animal control. Councilmember Lhotka requested an explanation for item No. 8 on page 2 of the contract. The City Manager explained that the emergency after hours services are for such things as assistance with wounded animals which may be needed after the normal working hours of the hospital. Councilmember Lhotka then inquired with regard to item No. 3 whether the owner would be contacted that their animal is being impounded. The City Manager explained the owner would be contacted if they can be reached and the City will also check back again before the animal is destroyed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into an agreement with the Funk Animal Hospital for the impoundment and boarding of animals as required by City ordinance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON INDUSTRI DEVELOPI RE VENUE BOND PROPOSAL, FOR BYERLYIS The City A`anager explained that the public hearing for the IDR was originally opened at the February 14, 1 983 City Council meeting and continued to the first meeting in March. He recommended that the Council open the public hearing and defer the hearing to the second regularly scheduled Council meeting in July. Mayor Nyquist opened the meeting for the purpose of a Public Hearing on an Industrial Development Revenue Bond. Proposal for Byerly's. No one appeared to speak at the public hearing and he entertained a motion to continue the public hearing to the regularly scheduled Council meeting of July 25, 1983. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to continue the Public Hearing on an Industrial Development Revenue Bond Proposal for Byerly's until the July 25, 1983 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:26 p.m. and reconvened at 8:40 p.m. PININTNG COPIUSSI APPLICATI NOS. 8 AND 83008 Sn Y.1rITTFD BY DEVRIES BUILDE INC. FOR SITE tS'.D EUTliDUTIG PLAN AND PR 'LII''IT,TARY PLAT APPROV FOR THE 4TH ADDIT O THE EARLF BROWN, FARP• ESTATES, LOCATED 0 1 XIYES PLACE NORTH, SOUTH OF FRFEITAY BOULEVARD The Director of Planning & Inspection presented and reviewed for Council members pages 3 through 5 of the March 17, 1983 Planning Commission minutes and also the Planning Commission information sheets prepared for Application Nos. 83007 and 83008. he proceeded to review the location of the project and explained that the project is a continuation of a plan submitted to the Council in June of 1 981 which showed approximately 100 townhouse units for the completed project. The Director of Planning &: Inspection reviewed for Council members the preliminary plat submitted with the application and explained that the site plan remains unchanged from the original plan for the entire complex. He noted that the Planning 3 -28 -83 -g- Commission held a public hearing on the site plan and `that the Planning Commission recommended approval of Application No. 8 subject to eight conditions which he reviewed for Council members. The Director of Planning & Inspection explained that the Planning Commission recommended approval of Application No. 83008 subject to four conditions which he reviewed for Council members. The Director of Public Works explained that the developer has submitted all items for final plat approval and all conditions for final plat approval have been met. Councilmember Theis stated that he was concerned with the completion of the sodding in the north portion of the project and added that in his observation it appears s i p p o d Pp J that the 4 ' to 6' berms appear rather low and are lower than he pictured them to be pP p originally. He requested that the height of the berms be checked and also inquired whether additional landscaping could be provided on the berms. He added that he is generally happy with the project and the way it is proceeding, and also pointed out that he is pleased that the amount of debris from the project has been kept down. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Application No. 83007 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 and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City manager) shall be submitted to assure completion of the approved site improvements for the 4th Addition rior to the issuance of building permits. p g p 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. All common parking and driving areas shall be surrounded by B612 curb and gutter as shown on the approved drainage and grading plans. 6. Plan approval acknowledges a master plan for all phases of the Earle Brown Farm Estates townhouse project. However, each additional phase is subject to preliminary plat approval and site and building plan approval by the Planning Commission and City Council. 7. The developers shall take adequate measures to control dust and debris during construction. A viable turf shall be established and maintained in those areas subject to future development. 8. The Fourth Addition of the Earle Brown Farm Estates shall be included in the single Homeowners' Association for the entire development. 3 -28 -83 -10- Voting in favor: Mayor1�yquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application TTo. 83008. 11e inquired if there was anyone present who wished to speak at the public hearing. T�Io one appeared to speak and. he entertained a motion to close the public hearing. There was a motion by Councilmember Thotka, and seconded by Councilmember Hawes to close the public hearing on Application To. 83008. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 83008 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 Fourth Addition shall be governed by the same Homeo - vmers Association and bylaws as in effect for the previous phases of the Earle Brown Farm Estates. 4. All easements necessary for construction and maintenance of a public walkway within the subdivision shall be granted by the owner /developer�in conjunction with the platting of the property. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAI, PLAT APPROVAL - EARLE BROWN FAR11 ESTATES There was a motion by Councilmember �'heis and seconded by Councilmember Scott to approve the final plat for the 4th Addition, of the Earle Brown Farm Estates. Voting in favor.: Mayor Nyquist, Councilmembers Lhotka,, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLAA. ING CON71TSSION APPLIC NO. 83009 SUBMITTED BY PIARTTN DRTNK4TIT MR APIE IDP' 1T TO T1 E SPECIAL li C' PERMIT LO OFT:R4`I'E A TIDY CAR BUSINESS FROF1 T HE RESTDENCE AT 56 2 JMIES AV IT i_ NORTH The Director of Planning ;Inspection presented and reviewed for Council members pages 1 through 3 of the Mhrch 17, 1983 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 83009. He explained the original special use pezZnit was issued on April 26, 1982. He proceeded to review the location of the special use permit and explained that the applicant has requested three amendments to the permit issued on April 26, 1982. He proceeded to review the am. endments requested by the applicant and explained that the Planning Commission recommended approval of Application No. 83009 subject to ten conditions which he reviewed for Council members. The Director of Planning &. Inspection explained a public hearing on the application is required and that proper notices of hearing had been sent. 3 -28 -83 -1].- Councilmember Hawes stated that he had serious misgivings about the use as a home occupation, and that with the great increase in the number of cars requested by the applicant it appears that the applicant could have several cars on the property at one time. Mr. Drinkwine replied that he only has a. certain amount of time to work on the cars and that he could only service one car per evening. He added that most of his business involves the pickup of the car and delivery back to the owner. He added that he does not think Councilmember Hawes' concern will be a problem. Air. Jose Dingler, sales manager for the Tidy Car business, explained that it takes 3 to 4 hrs. to do one car. Mr. Drinkwine and Councilmember Halves continued to discuss the proposed changes in the special use permit and Councilmember Hawes' concern that 4 to 5 cars could be on the premises at any one time. Air. Drinkwine explained that generally he can plan appointments but that there is nothing he could do this evening to prove that Councilmember Hawes' concern would not occur. However, he did add that he is concerned and does want to maintain the integrity of the neighborhood. Councilmember Hawes stated that he does not doubt Mr. Drin'kwi.ne's concern or integrity but his concern was that a demand by customers may create problems in the future. Councilmember Hawes commented that, in his estimation, allowing 25 to 30 cars per month changes the character of the business so that it no longer could be designated as a home occupation. Mayor Nya suggested that the words "in the garage" be deleted from item No. 3 in the conditions of approval recommended by the Planning Commission. Councilmember Hawes stated that it was his concern that three or more cars could be on the premises at any one time. Mr. Drinkwine stated that he could understand Councilmember Hawes' concern but that he believed it would be foolish for him to have that many cars on the premises because he could not give the customers the proper service. Councilmember Hawes stated that he did not want to defer Mr- Drinkwine Is business but he expressed concerned for the neighborhood, and the potential for many cars coming into Mr. Drinkwine's business on a daily basis. The City Attorney commented that if the Council's concern is that no more than one car be allowed on the premises this could be added to the condition by stating that "no more than one customer car shall be allowed on the premises at any one time ". Councilmember Ihotka stated that he has a concern with extending the number of cars to 25 cars. He pointed out that he has no problem with the type of business Mr. Drinkwine is pursuing but is concerned about the residents in the area, and that he believes 25 cars per month a considerable number. Councilmember Theis commented that he believes 10 cars per month exceeds the limits of a home occupation with regard to nonresidential activity. Air. Drinkwine stated that he has been observing the volume of his business growing and that he is currently looking at a commercial site. Mayor Nyqu.ist opened the meeting for the purpose of a public hearing on Planning Commission Application No. P3009. lie inquired if there was anyone present who wished to speak at the public hearing. 110 one appeared to speak and he entertained a motion to close the public hearing. 3 -28 -83 -12- There was a. motion by Councilmember Hawes and seconded by Councilmember Lhotka; to close the public hearing on Planning Commission Application No. 83009. Councilmember Hawes suggested that the fourth line of the 3rd condition recommended by the Planning Commission be changed to state that "at no time will more than one customer car be allowed on the premises ". Councilmember Lhotka inquired whether one car permitted on the premises is too restrictive or could there be two customer cars. Councilmember Theis asked Nr. Drinkwine how many cars could be parked in his driveway. Mr. Drinkwine explained that four cars could be parked in his driveway. Councilmember Hawes suggested that an additional item, item No. 11 be added to the Planning Commission conditions of approva , and which would state that "the owner must be on the premises at all times during the operation ". There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 83009 subject to the conditions recommended by the Planning Commission with the stipulation that item No. 3 of the Planning Commission conditions be amended to include the statement that "at no time will more than one customer car be w the additional item No.1 be added o c allowed on one premises", anal that an 1 to the conditions to state that the owner must be on the premises at all times during the operation. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to amend Councilmember Hades I motion for approval of Application No. 83009 to limit the number of cars per month to ten. In discussion of Councilmember Lhotka's motion, Councilmember Theis stated, that he was concerned that putting a specific number on the operation will make it difficult to administer. I��r. Drinkwine stated that he would be less than honest if he did not tell the Council that he can't live with the amendment and requested that the number of cars be increased to 18. Councilmember Lhotka then inquired whether the applicant could provide a reason for raising, the number to 18. Nr. Drinki)ri.ne replied that ten cars would not be enough to support a commercial shop which he is looking at now. Councilmember Lhotka stated that home occupations are secondary to the residential use of the location and a person's normal job. He added that he does not think a home occupation should be a lead -in to full time employment. Mayor Nyquist inquired whether Councilmember Lhotka and the applicant would accept 15 cars as a number. Councilmember Lhotka agreed to accept 15 cars and Councilmember Theis, as seconder of Councilmember Lhotka.'s motion, agreed to accept 15 as a number. Upon a vote being taken on Councilmember. Lhotka's amendment to Councilmember Hawes' motion approving Application No. 83CX?9 the following voted in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, and Theis. `Doting against: Councilmember Hawes. The motion passed. Mayor Nyquist called for a vote on the motion made by Councilmember Hawes, and amended by Councilmember Lhotka, approving Application 11o. 83009 with the following conditions: 3 -28 -83 -13- 1 . The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances and .regulations and any violation thereof shall be grounds for revocation. 3 Service shall be on an appointment only basis between 4:00 p.m. and 9:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Friday and Saturday. However, at no time will there be more than one customer car allowed on the premises and the number of customer cars in any single month shall not exceed 15 cars. 4. All parking shall be off - street on improved space provided by the applicant. 5. Services to automobiles or other powered vehicles is limited to washing and application of appearance maintenance products of Tidy Car, Inc. Other repairs are expressly prohibited.. 6. The permit is subject to completion of any work required by the Building Official. 7. Noise, odor, and vibration shall not be perceptible beyond the premises to the degree that a nuisance is created. 8. Application of the Tidy Car sealant or any other chemicals or materials, shall be performed only inside the garage of the residence at 5632 James Avenue North. 9. All combustible chemicals and materials used in the application process shall be appropriately stored as approved by the Fire Chief. 10. Special Use Permit approval acknowledges the employment on the premises of one nonresident during the hours specified in Condition No. 3. 11. The owner must be on the premises at all times when work is being performed on customer cars. Voting in favor: DIayor 11yquist, Councilmembers Lhotka, Scott, and Theis. Voting against: Councilmember Hawes. The motion passed. ORDINANCE "he City I`anager introduced An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the C1 Zoning District. lie explained the property addressed in the ordinance is the iTorthport Clinic property and the property located southwest of the intersection of Xerxes and Shingle Creek Parkway. lie explained the ordinance was first read on February 28, 1983, published on March 10, 1983 and is recorrunended for a .second reeding this evening. ORDL ANCE NO. 83-4 Member Celia Scott introduced the following ordinance and moved its adoption: 3 -28 -83 -14 AJ%T ORDINANCE AI'U�1 CHAPTER `/5 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS BEING WITHIN THE C1 ZOT�IING DISTRICT The motion for the adoption of the foregoin €', ordinance was duly seconded by member Pill Hewes, and upon vote being taken thereon, the following voted in favor thereof: i c r Rich Theis; Lean %i ul,�t Gene Lhotka Celia .,wtt, Lill Hawes, and and the , yq > following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Yanager introduced An Ordinance Vacating Drai.nr��e and Utility Easements along the Easterly and Westerly Lot Lines of Lot 5, Block 1 , Earle Brown 1 st Addition. He explained that, at the request of the owner, the staff has approached the various utility companies to determine the need to maintain easements along the side lot lire of the property. Finding none, he pointed out the staff recommends vacation of the easements, and the ordinance presented to the Council this evening is for first reading. There was a motion by Councilmember Theis and seconded by Counci_lmember Scott to approve for first reading An Ordinance Vacating Drainage and Utility Easements along the Easterly and Westerly Lot Lines of Lot 5, Block 1, Earle Brown 1st Addition. Voting in favor: Tayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The :notion passed unanimously. D ISCU S SION ITE1KS UPDATE ON C ABLE TEL The City Pianager reviewed the current status of cable television construction in Brooklyn Center and explained that, according to the franchise agreement, one/half of the City was supposed to be serviced by cable at this point. .However, he pointed out the City is only 20;o' complete, although cable has been strung throughout most of the City. He added that by midsummer most of the overhead work should be completed, and by the end of November, service to all come unities in the Northwest Suburbs Cable Communications Commission area is supposed to be activated. He explained the company has not met their half year deadline and reviewed some of the problems, including the inability of the company to obtain title to one of the HUB sites, due to the death of the property owner before the transaction could be completed. He pointed out that this problem i: not the fault of the cable company but that problems related to coord ination of their wo schedules and their inability - to meet their time schedules were the responsibility of the company. He added that the company has stated that they can meet the 22 month goal and that the Northwest Suburbs Cable Communications has taken this under consideration with regard to their decision on issuing penalties to the cable operator. He explained that the Commission will make a decision at its next meeting. Counci7member Theis stated that he is now hooked up to the cable and that he is happy with the programming but that there is a problem with the wiring running from the pole to his house in that it runs across the middle of his yard. He pointed out that he believed the cable installer demonstrated very poor public relations when he discussed the situation with him. He added that he did get a good response from the Storer people and that he is now awaiting their correction of the wiring problem. STATUS OF CRYSTAL AIRPORT T ie City Tianae. -zr expTa that he has received calls from people regarding the airport expansion. He pointed out that work has been done on the hangars in the airport but that it has been an expansion of storage space only with no thought to expanding runways. 3 -28 -83 -15- Councilmember Hawes commented that the building- Coin g on in the airport is in the Brooklyn Park area and that it was appi-oved several months ago. He explained that landings at the airport are actually dr pping off but that no plans are currently underway for the elimination- of the airport. He explained that the Tri City Commission has not been active due to the illness of its chairman. lie explained the Commission has received information from the Metropolitan Airport's Commission of a general nature with regard to airports and aviation activities. The City Manager noted that in Crystal's guide plan he believes the airport is recommended to be phased out in the future. The Director of Planning & Inspection explained that there was a joint resolution passed between the City of Crystal and Brookly enter regarding the phase out of the Crystal airport. Yn g g p Y az o t p . Councilmember Theis inquired whether there was anything being done to improve the safety of the Crystal airpo -, • - t. Councilmember Hawes stated that the Nbtropolitan Airport's Commission or the Crystal. airport cannot prevent pilots from taking off from the airport, and that the recent crashes at the airport were due to pilot error r•r r r i and occu in situations whe � r' o he e dots should not have taken fl _ p o o P_N�,SEOUT OF ALAR%'I BOARD The City Eaanager explained that the City Council, years ago, authorized a central alarm system which was operated out of the police dispatch room. He added that private services are now available for alarms, and that the City system is getting old and a decision must be made whether to continue in the business or phase it out. He added that if it is decided that service should be continued considerable upgrading of the equipment would be necessary. The Director of Planning & Inspection stated that two services are offered now by the City, one is a fire alarm, and the other a security alarm. He explained that the annual renewal of the alarm contracts comes up I`May 15, and that the staff is recommending a phaseout over the next six months after the renewal. The City Manager explained that the City would have to reinvest in a remodeled alamu panel if the City were to stay in the alarm business. He explained that the City Y p ,� originally f involved in the business because nothing else was available to Y g g businesses but that since that time private business has made available many options in the area of alarm services. The Director of Planning &° Inspection stated that, if the Council concurs with the staff recommendation, the staff will send out letters regarding the phaseout over the six month riod. He pointed out that the phaseout could extended certain Pe p seo c 1d be e.�t d d if ce p businesses have problems with the phaseout time line. Councilmember Lhotka requested the staff to comment on the revenue and cost of the system. The Director of Planning & Inspection stated that the revenue from the system essentially covers the service cost of the system. There , _ '. r' r -� e_ e was a motion by Councilmembe� �,hotxa and secon by Councilmembe S cott to accept the staff recommendation to phaseout the fire and security alarm board currently maintained by the City over a six month period beginning May 15, 1 933. 3- 28 -�33 -16- A D J 0 U RT I T �57,1T 'here was a, motion by Counci.lmember Haines and seconded by Councilmember Scott to adjourn the meeting. Voting in Own: Mayor '3yyui st, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting aC inot: none. The motion passed unanimously. The Brooklyn Center City Council adjourned. at 10:20 p.m. Clerk bIayor 3 -28 -83 -17- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING THE BROOKLYN CENTER HOUSING DEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES, SECTION �- 462.411 ET. SEQ. AND APPROVAL OF THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY HOUSING DEVELOPMENT PLAN WHEREAS, the City Council of the City of Brooklyn Center has held a public hearing to receive input regarding the Brooklyn Center Housing Development Plan; and WHEREAS, the Housing and Redevelopment Authority of the City of Brooklyn Center by Resolution has requested approval of the Brooklyn Center Housing Development Plan; and WHEREAS, the City Council expects to receive recommendation from the City of Brooklyn Center Planning Commission recommending approval of the Brooklyn Center Housing Development Plan at its March 3, 1983 meeting; and WHEREAS, the City Council of the City of Brooklyn Center finds that the housing development project described in said Brooklyn Center Housing Development Plan dated February 28, 1983 will provide housing for persons of moderate income and their families as defined in the Minnesota Municipal Housing Act, Minnesota Statutes Section 462.421, Subdivision 25 and requires public assistance in order to provide decent, safe, and sanitary urban .,, dwellings, apartments, or other living accommodations for persons of low income as defined in Minnesota Statutes Section 462.421, Subdivision 12 and the U.S. Housing Act of 1949; and WHEREAS, the City Council of the City of Brooklyn Center finds said housing development plan and project will carry out the purpose and policy of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 to 462.715 as set forth in Section 462.415 and in the Congressional Declaration of National Housing Policy contained in the Act of 1949 as amended; and WHEREAS, the City Council of the City of Brooklyn Center finds that the land in the project areas would not be made available for redevelopment without the financial aid sought; and WHEREAS, the City Council of the City of Brooklyn Center finds that the designated housing development project area in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the development and redevelopment of such areas by private enter- prise; and WHEREAS, the City Council of the City of Brooklyn Center finds that the housing development plan conforms to a general plan for the development of the locality as a whole, and said plan: (i) will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for redevelopment by private enterprise; (ii) conforms to a general plan for the locality as a whole; and (iii) that no plan for relocation of individuals and families is RESOLUTION N0. required since the proposed housing development project will be constructed on unoccupied land: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby approve the Brooklyn Center Housing Develop- ment Plan. 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. r a { l Member introduced the following resolution and _moved its adoption: RESOLUTION NO. o RESOLUTION ESTABLISHING A TAX INCREMENT FINANCING HOUSING DISTRICT PURSUANT TO MINNESO STATUTES SECTION 273.71 TO 273.78 INCLUSIVE AND ADOPTING A FINANCE PLAN FOR SAID TAX INCREMENT FINANCING DISTRICT WHEREAS, the City Council of the City of Brooklyn Center, Minnesota has determined that it is necessary to create a tax increment district pursuant to Minnesota Statutes Section 273.71 to 273.78 inclusive, within the housing development project area created pursuant to Minnesota Statutes Section 462.411 et. seq .; and WHEREAS, the City Council of the City of Brooklyn Center finds that the tax increment financing district to be established will facilitate the construction of 170 units of multi - family and owner occupied housing and that a portion of the project will be reserved for occupancy, in part, by persons or families of low and moderate income, as defined in Minnesota Statutes, Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts; and WHEREAS, the City Planning Commission has received a copy of the proposed tax increment financing plan and has been given the opportunity to review and comment upon said tax increment financing plan and the tax increment financing district; and WHEREAS, the Brooklyn Center Housing and Redevelopment Authority has informed the members of the School Board of Independent School District Number 286 and the Board of Commissioners of Hennepin County of the fiscal and economic implications of the proposed tax increment financing district and invited said School Board members and County Commissioners to the public hearing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center hereby finds: 1. That the tax increment financing district to be created is a tax increment financing housing district as the developer, Brutger Companies, Inc., has agreed to set aside twenty percent of the 65 rental units of housing for low to moderate income persons and has established affordable prices for the 73 condominium units and 32 townhouse units so they may be purchased by persons of moderate income and their families. 2. That without: (i) the use of tax increment financing in accordance with Minnesota Statutes Sections 273.71 to 273.78 to provide funds to acquire the property and make certain public improvements, and (ii) the use of eminent t RESOLUTION NO. s domain, the expense and difficulty of assembling the land and clearing an easement held by the Minnesota Department of Transportation would preclude the development on this site within the reasonably foreseeable future of housing for low and moderate income persons and families. 3. That the proposed use of the land for multi - family conforms to the general plan for the use of the land and therefore the tax increment financing plan conforms to the general plan for the development of the municipality as a whole. 4. That Brutger Companies, Inc., the corporation developing the property in the housing development project, will be responsible for all aspects of the construction, marketing and management of the housing to be constructed and that the City of Brooklyn Center and the Brooklyn Center Housing and Redevelopment Authority will only assist the proposed housing development project in the assembly of a buildable site, the installation of public improvements and the issuance of mortgage revenue bonds in accordance with Minnesota Statutes Chapter 462C and therefore it may be concluded that the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development of the project by private enterprise, The City Council of the City of Brooklyn Center, Minnesota does hereby approve the tax increment financing plan and the creation of a tax increment financing district as described in said tax increment financing plan. t 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. JOHN E. DERUS PHONE CHAIRMAN f$ 348 -3086 - BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 March 16, 1983 Mr. Brad Hoffman Assistant to the City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 i Dear Mr. Hoffman: Thank you for referring the tax increment financing plan for Housing Development Project to the Hennepin County Board of Commissioners for its review and comment. The plan as submitted appears to meet the Board's guidelines for establishing a tax increment district, as promulgated in Resolution 80- 8- 729(R). A copy of Resolution 80- 8- 729(R) is enclosed for information purposes. Please enter this letter into the record of the public hearing on the proposed district. Sincerely, 9 aaw4/ John E. Derus Chairman Hennepin County Board of Commissioners JED:jg Enclosure cc Commissioner Jeff Spartz Commissioner Randy Johnson li Commissioner Richard E. Kremer Commissioner E. F. Robb, Jr. Commissioner Sam S. Sivanich Commissioner e Mark Andrew i DATE: March 16, 1983 �pIN C , TO: John E. Derus el' °2 Chairman of the Board HENNEPIN FROM Vernon T. Hoppe, Director o,flP perty � P Taxation ,ryIV E50 1J tj SUBJECT Brooklyn Center Tax Increment District "Brutger Proposal" General Description The Brooklyn Center Housing and Redevelopment Authority has proposed a Tax Increment Financing District, the first in the city, to facilitate the construction of 170 units of housing -- a 65 unit apartment building, 73 condominium units and 32 townhouses. Brut er Companies, Inc., the developer, will acquire the site at a 9 P substantial "write -dow site consists mainly of su highway right-of-way n The s y p 9 Y 9 Y in the area of U.S. Highway 94 and State Highway 100. Project Costs Project costs, excluding interest to be paid on principal, will total $1,032,477: Acquisition and Land "Write- Down" $ 380,000 Public Improvements 419,540 Legal 45,000 Engineering and Surveying 25,000 Miscellaneous 5,000 Capitalized Interest 157,937 Total Project Costs x,032,477 Duration of T.I.F. District Although housing districts may have a maximum term of 25 years, this district will terminate in fifteen years according to the plan, A total of $1.9 million in tax increment will be required to finance the project. Tax Impact Base value is $140,199; captured value at the time of completion is projected as $1,744,000. The impact on the county levy is minimal, causing a mill rate change of .0063 in the county levy. Recommendation This plan is in compliance with county guidelines. A letter so stating is attached for your signature. VTH:jg Enclosure cc Commissioner Spartz Commissioner Johnson Commissioner Kremer Commissioner Robb Commissioner Sivanich Commissioner Andrew Dale Ackmann Art Lee f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING THE COUNTY AUDITOR TO CERTIFY THE ORIGINAL ASSESSED VALUE OF THE REAL PROPERTY WITHIN THE BOUNDARY 0E' THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY TAX INCREMENT FINANCING HOUSING DISTRICT WHEREAS, the City Council of the City of Brooklyn Center has determined that it is necessary and desirable and in the public interest to establish, designate, develop, and administer a tax increment financing housing district pursuant to the provisions of Minnesota Statutes Section 273.71 to 273.78 inclusive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the Hennepin County Auditor is hereby requested to certify the assessed value of all real property within the boundaries of the tax increment housing district as described in the attached tax increment financing plan as of the date of the last equalized assessment, and each year hereafter to certify the amount by which the assessed value has increased or decreased from the original assessed value and also to certify the proportion which any increase or decrease bears to the total assessed value for the real property in said tax increment financing district for that year, and also to remit to the Brooklyn Center Housing and Redevelopment Authority each year hereafter, that proportion of all taxes paid that year on real property in the district which the captured assessed value bears to the total current assessed value, all pursuant to Minnesota Statutes Section 273.76, Subdivision 1 and 2. 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. s Member introduced the following resolution and_ moved its adoption: ., RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -E (BROOKWOOD DEVELOPP•4ENT IMPROVEMENT PROJECTS NOS. 1983 -04 AND 1983 -05 AND SIDEWALK IMPROVEMENT PROJECT NO. 1983 -06) WHEREAS, pursuant to an advertisement for bids for Improvement Projects Nos. 1983 -04, 1983 -05, and 1983 -06, bids were received, opened, and tabulated by the City Clerk and City Engineer, on April 7, 1983. Said bids were as follows: Bidder Bid Amou Orfei & Sons, Inc. $ 273,127.37 W. & G. Rehbein Bros., Inc. 278,406.19 Austin P. Keller Construction Co., Inc.278,723.00* G.L. Contracting, Inc. 282,863.64 American Contracting Corporation 283,210.43 Kirkwold Construction Co. 288,304.55* Northdale Construction Co., Inc. 293,576.00* Barbarossa & Sons, Inc. 294,185.50 Thomas & Sons Construction, Inc. 294,629.00 Minn -Kota Excavating, Inc. 317,877.00 Widmer Brothers, Inc. 334,887.00 C.W. Houle, Inc. 348,026.00 * Engineer's Corrections Upon Extension NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the Mayor and City 1 1 • 1 1anager are hereby authorized and directed to enter into the attached contract in the amount of $273,127.37 with Orfei & Sons, Inc. of St. Paul, Minnesota in the name of the City of Brooklyn Center, for Improvement Projects Nos. 1983 -04, 1983 -05, and 1983 -06 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the estimated total costs of Improvement Projects Nos. 1983 -04, 1983 -05, and 1983 -06 are amended according to the following schedule: BROOKWOOD IMPROVEMENT PROJECT NO. 1983 -04 As Ordered As Bid Contract Cost $150,050.00 $ 98,429.31 Engineering Cost 13,500.00 8,858.64 Administrative Cost 1,500.00 984.29 Capitalized Interest Cost 17,170.00 12,992.67 TOTAL $182,220.00 $121,264.91 RESOLUTION NO. t BROOKWOOD IMPROVEMENT PROJECT NO. 1983 -05 As Ordered As Bid Contract Cost $231,770.00 $162,140.06 Engineering Cost 20,860.00 14,592.61 Administrative Cost 2,320.00 1,621.40 Capitalized Interest Cost 26,520.00 21,402.48 TOTAL $281,470.00 $199,756.55 SIDEWALK IMPI-2fJVEMENT PROJECT NO. 1983 -06 As Ordered As Bid Contract Cost $ 21,820.00 $ 12,558.00 Engineering Cost 1,960.00 1,130.22 Administrative Cost 220.00 125.58 TOTAL $ 24,000.00 $ 13,813.80 Y� 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. s CITY OF 6301 SHINGLE CREEK PARKWAY RUM L"u'rN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 N r l '" R EMERGENCY— POLICE- -FIRE s L 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 8, 1983 RE: Evaluation of Bids Received for Contract 1983 -E Pursuant to City Council authorization, bids were received and opened on April 7, 1.983, for improvements within and adjacent to Brookwood Addition under Contract 1983 -E. Upon review of the proposals, it has been determined that the lowest responsible bid was submitted by Orfei and Sons, Inc. of St. Paul, Minnesota. Following is a brief_ summary of responses provided by the references. City of Blaine (John Bertelson - Engineer for Consulting Engineers Diversified) The contractor completed the installation of underground utilities and street construction within a subdivision in 1982. The workmanship was considered good, and the project was completed in a timely fashion. Project management was considered good. Mr. Bertelson recommends the City accent the proposal of Orfei &Sons, Inc. City of St. Paul (Joe Koenig - Engineer) Mr. Koenig has worked on projects with the contractor for 14 years. Most recently, in 1982, the contractor completed a utility /street project for the city. The quality of workmanship was considered acceptable for the degree of difficulty of the work. The contractor does have good public relations with the general public. St. Paul would accept proposals submitted by the contractor for any future work, and Mr. Koenig advises we do likewise. Mendota Heights (Ed Kishel - City Engineer) The contractor completed a utility and street improvement contract for the city in 1982. Mr. Kishel considered the quality of workmanship to be good. The city had no difficulties with the contractor and work was completed in a timely manner. Mr. Kishel recommends the City accept the bid of Orfei & Sons, Inc. "?le .Satiretlk"u k N aze �� April 8, 1983 - G.G. Splinter Page 2 Recommendation Based upon the references provided, the staff considers Orfei & Sons, Inc. to be a competent contractor. It is recommended that the contract for this project be awarded to said firm. A resolution for that purpose is submitted for consideration by the City Council at the April 11, 1983 Council meeting. Respectfully submitted, SK:jn YA CITY f ' OF 6301 SHINGLE CREEK PARKWAY a I Y N BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 �1 EMERGENCY— POLICE —FIRE ° R%, TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 8, 1983 RE: Consideration of Bids For Contract 1983 -D (63rd Avenue Water Main Project No. 1983 -02) Following is a tabulation of the bids which were received and opened on March 31, 1983: Bidder Total Bid Minn -Kota Excavating, Inc. $ 92,708.10* Hayes Contractors, Inc. 93,403.00 0 & P Contracting, Inc. 95,830.02 Northdale Construction 98,094.00 Hydrocon, Inc. 99,093.75 American Contracting Corporation 102,404.60 G.L. Contracting, Inc. 103,910.54 F.F. Jedlicki, Inc. 104,235.00* Thomas & Sons Construction, Inc. 109,633.00 C.S. McCrossan, Inc. 114,449.75 Bonine Excavating, Inc. 154,071.54* *Correction Upon Engineer's Extension Because we are aware of the fact that the low bidder, Minn -Kota Excavating, Inc. has several contracts with other cities on which work has not been completed on schedule, we wish to do a thorough review of their performance record. Accordingly, we recommend that consideration of all bids for this project be tabled to April 25, 1983 to allow our staff and the City Attorney to conduct a complete evaluation. Respectfully submitted, cc: Mr. Ken Bergstrom, President Minn -Kota Excavating, Inc. SK : j n ,fo ?, e Sa.icet"lri sq ?11 axe rty�'� Member introduced the following resolution and moved its adoption: RESOLUTION NO. t RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF OUTSTANDING DISBURSEMENT CHECKS NOT CASHED WHEREAS, the City Manager has reported that the following checks paid by the City of Brooklyn Center have not been cashed through its checking accounts, and that attempts to locate the payees have been unsuccessful: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to write -off from the City records the outstanding checks as follows: Fund Payroll Acct. No. 101 -0008 Date No. Payable to Purpose Amount 5/9/78 127 Stephanie Bofferding Salary Adjustment $ .89 8/29/78 27484 A. Monteen Salary Adjustment .04 6/22/79 147 Mary Frank Salary 22.41 7/20/79 246 William Lindquist Salary 100.94 3/24/81 162 Katherine Bugliosi Salary 49.14 $173.42 } General Acct. No. 101 -0016 Date No. Payable to Purpose Amount ±* 9/8/76 8273 Robert Anderson Meter Refund Balance $ 24.95 10/6/76 8869 Cathryn Branic Childs Dance .50 4/6/77 11859 Joanne Flaa Refund Workshop 1.00 6/6/77 12977 Hagen Builders Meter Refund Balance 20.88 7/11/77 13348 Mike Carlson Refund Recreation 1.75 11/18/77 14476 Estate of Melvin Rud Meter Refund Balance 17.47 11/28/77 15540 Ronald Fortmeyer Meter Refund Balance .94 2/27/78 17413 Norman Luschsider Meter Refund Balance 30.70 2/27/78 17418 Roger Erdman Meter Refund Balance 24.54 3/13/78 17569 Joe Casella Refund Social Hall 25.00 3/13/78 17634 Barry Cotman Meter Refund Balance 35.00 4/24/78 15923 Stan Smith Meter Refund Balance 21.09 4/19/78 18246 Ken Novak Basketball Instructor 60.00 4/19/78 18262 Adams Associate Meter Refund Balance 35.00 5/3/78 18480 Becky Korsman Recreation -Sub Aid 8.05 5/3/78 18508 David Lindgren Meter Refund Balance 1.76 5/3/78 18527 Stan Smith Refund Overpayment Utility 13.91 7/15/78 19298 Renata Budnick Refund -Dance 5.50 11/7/78 21254 George Mattison Refund- Diseased Tree Removal 2.10 2/12/79 23043 Jane Cople Meter Refund Balance 2.73 5/14/79 24298 Sue Smith Bldg.- Supervisor 65.00 9/24/79 26912 Myron Jenniges Meter Refund Balance 1.84 1/14/80 28589 Nancy Knox Meter Refund Balance 19.75 1/14/80 28603 Rene T. Jewell Meter Refund Balance 1.07 2/25/80 29501 Henry Harris Meter Refund Balance 10.11 k 8/11/80 32619 Joseph L. Daly, Arbitrator Education Manual 25.85 �' 10/27/80 34180 Joseph A. Kraus Meter Refund Balance .39 RESOLUTION NO. Date No. Payable to Purpose _A mount 12/8/80 35107 Richard Yackel Meter Refund Balance 27.61 1/21/81 35661 Eunice 11offman Meter Refund Balance 13.02 3/9/81 36609 Kathleen Shish Bldg.- Coordinator 58.00 3/23/81 36864 American Tree Refund -Plans 10.00 4/27/81 37433 Progressive Contractors Refund -Plans 25.00 5/11/81 37722 Leisure Time Club Reimb.- Annual Meeting 35.00 5/26/81 37933 Chicago & NW Transp. Meter Refund Balance .71 7/13/81 38890 Steven Fannest Meter Refund Balance 8.22 7/13/81 38894 Diane Ratliff Meter Refund Balance 2.86 7/13/81 38906 Oris Pharr Meter Refund Balance .89 11/9/81 40811 Carol Berkofske Election Judge 60.00 $698.19 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. II I s l l� ' CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 E N ' EMERGENCY- POLICE -FIRE 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: April 8, 1983 RE: Quit Claim Deed To Clear Title (Lot 1, Block 5 Evergreen Estates) Attached herewith is a copy of a Quit Claim Deed releasing the City's ownership interest in the "common area" of the Evergreen Estates townhouse development (Hussman Investment development adjacent to the 69th - 70th Avenue connection). Hussman Investment requests the City Council authorize execution of the document to clear any question of ownership in the subject property due to discrepancies in various documents filed at the County. The City Attorney advises that in cases where such action is necessary to clear title to a parcel, a motion by the City Council authorizing deed execution is sufficient. upon review of the documents in question, the staff considers the developer's request to be valid; therefore, it is recommended such motion be made by the Council. In taking such action, the City will not vacate its ease- ment interest over the parcel. Respectfully submitted, SK: j n `71i,e Saware" Via U &Cry „ I . V..' .1 U I.. k. i i Form No. 30-M. Vjiz 35hiboiture, xd, thi . ....... ...... ......... ­­ ........... day of. ........... ............................... 10 between ......... ............. ......... . ............................................... .......... a corporation under the laws of the State of V.W ......... ......_..............._.... P arty of the first part. and . . .......... ........... ................. ..... - .......... ............ .................. . ... ......... .... .. ......... ...................... . ............ . ............. - ................ ..................... ......... ......... ... ­­­ .................. of fits County of... ................ . ............ ... ..................... and State .............. . ..................... ............................ part. Y ......... of the second part, Wimew5etb, That the said party of the first part, i consideration of iho sum of One dollar wnd iCl- , wd lrl( i ,' V11L1,IhIC considcrat- , ,- 77 77 7 7 � _ � 7 = 7.7:� . DOLL�41?S, to it in hand paid by the said part. Y. of the second part, the receipt whereof is hereby acknoicledftd, does hereby Grant, Bargain, Quitclaim, and Convey unto the said part _.x ...... •.of the second partAis ............ heirs and assigns, Forever, all the tract. or parcel ............ of land lying and being in the County of Henn n___ „_ 8 V- . . . . . ........... - . ......... ........... State of .Minnesota, described as follow t wit: Lot 1, Block 5, Evergreen Estates, according to the plat on file and of record in the office of the County Recorder, Hennepin County; Excepting therefrom drainage and utility easements as shown on said plat, and excepting an easement for installation and maintenance of public utilities including, but not limited to, water and sewer piping and other appurtenances necessary to the installation and maintenance thereof, as set forth in Document No. 4726714, Hennepin County Records. SO 3fjabC anb to �Olb 03C I&XIle, Together trith all the hereditanzents and appWlenanccs there- unto belonjinff or in anywise appertaining, to the said part y ........... of the second part ... ........... his ............. heirs and assigns, Forever. 3n Tmtimorp %YWjcrCOf, The said first party has caused these pre,srnfs to be ereruted in its corporate name by its......Mayor ............ PWVfUU and its. City- 14anagar. ............... and its corporate seal to be hereunto affixed the day and year first above written. CiLY af...Br.aoklyn.- Center .................................... ............. By_ ............... .... ......................... I ....... ......... I. ................................. . As In Presence of Its ............ ............. ..... .......... ..=QUtW Mayor ..... ...... . . ......................... ............ ...................... .... . .... .. . ........ Its City Manager CITY OF BIMYJ YN CENTER Notice is hereby given that a public hearing will be held on the 25th day of April, 1983 at _` p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. ORDIN71iUE 140. Xi ORDINANCE Ak1ENDING CHAPTER 35 REGAMING THE ZONING CLASSIFICATION OF CERTAIN LAND I E CITY COUNCIL OF THE CITY OF BROO11=4 CENTER DOES ORD,dN AS 1 Section 1. Section 35 -1120 of the City Ordinances is hereby amended in the following manner: Section 35 -1120. MULTIPLE FANIILY RESIDENCE DISTRICT (R3) The following properties are hereby established as being within the (R3) i +Mutiple Family Residence District zoning classification: [That area bounded by the following: the southerly right -of -way line of Interstate Highway No. 94 on the north and east; Lilac Drive on the east and south; the easterly right -of -way line of State Highway No. 100 on the west.] Lot 3, Block 1, Brookwood. Addition. Section 2. Section 35 -1150 of the City Ordinances is hereby amended in the following manner: Section 35 -1150 MULTIPLE FAMILY RESIDENCE DISTRICT (R6) The following properties are hereby established as being within the R6 Multiple Family Residence District zoning classification: Lo ts 1 and 2, Block 1, Brookwood Addition Section 3. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 — Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the llth day of April, 19£33 at 8:00 p.m. at the City Hall., 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance by classifying certain land as being within the Cl Zoning District. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF F'REMONT AVENUE NORTH FROM NORTH LILAC DR IVE TO U.S. HIGHWAY NO. 94 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That portion of Fremont Avenue North bounded on the south by the northerly right -of -way line of North Lilac Drive and on the north by the southerly right -of -way line of United States Highway No. 94, as now located and established by Hennepin County Document No. 4562310, is hereby vacated as a public street Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor t ATTEST: ` Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) OOD 4 N R VEL0rJMcNl f- ?� C ": C£tiTER• MINNd£SOTM • •� �'' jy Ile l If • !; �•_ f�� � . .. •tom.. % �,' CITY OF B RWKLYN C''010ER Notice is hereby given that a public hearing will be held on the 11th day of April, 1983 at 8:00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance establishing flood plain use permit fees. ORDINANCE NO. AN ORDINANCE =DING C11AP�'ER 35 OF THE CITY ORDINANCES ESTABLISHING FLOOD PLAIN USE PER IT FEES THE CITY COUNCIL OF THE CITY OF BROOKLYN C'-r'N ER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -2182. USE PERMIT 1. Use Permit Required. A Use Permit issued by the Zoning Official in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alteration of any building, structure or portion thereof; prior to the use or change of use of a building, structure or land.; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain. When the use involves t he erection or altera of a structure, a building permit shall be obtained in addition to a Use Permit. The fee schedule for a Use Permit shall be as set forth by City Council resolution Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective (Underline indicates new matter, brackets indicate matter to be deleted). Member introduced the following resolution and moved -- 7 its adoption: r C- RESOLUTION NO. } RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 81 -123 ESTABLISH FL PLAIN USE PERMIT FEE WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 81 -123 on June 8, 1981 establishing a fee schedule for various fees collected by the Planning and Inspection Department; and WHEREAS, on January 25, 1982 the City Council adopted a Flood Plain Manage- ment Ordinance which requires the issuance of a "Use Permit" for various activities conducted within the Flood Plain; and WHEREAS, the City Council has determined that it is appropriate to establish a permit fee for Flood Plain Use Permits to offset the costs to the City for the administration, enforcement and inspection of said use permits; and WHEREAS, the City Council has approved an Ordinance Amendment authorizing a Flood Plain Use Permit fee to be established by City Council Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend City Council Resolution No. 81 -123 by adding the following to the Planning and Inspection Department Fee Schedule: Fl ood Plain Use Permit Fees Fee Up to 10,000 sq. ft. $10.00 From 10,000 sq. ft. to 1 acre $1.00 /1,000 sq. ft. From 1 acre to 5 acres $20.00 /acre -i Over 5 acres $15.00 /acre BE IT FURTHER RESOLVED that the above fees shall become effective on April 23, 1983. 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. r f S 7d CITY OF BROOKLYN CENTER Notice is hereby givc-ri that a public hearing will be held on the 11th day of April., 1.983 at 8:00 p.m. at the City iiall, 6301 Shingle Creek Parkway, to consider An Ordinance Adonting by Reference the Northwest Suburbs Joint Cable Communications Ordinance. ORDINANCE NO. Ali ORDI£ANCE ADOPTING BY REF1::r2EiVCE THE NORTHWEST SUBURBS JOINT CABLE CO,%1MUP1ICATIONS ORDINANCE: PRESCRIBING PENALTIES FOR VIOLATIONS: PROVIDIING FOR ADMINISTP -ATION AND ENFORCEMENT AND PERIODIC RE VIEW THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Adoption of Cable Communications Or Northwest Suburbs Joint Cab C ommunications ordinance, dated September 14, 1981 is adopted as a franchise regulat a cabl communications system with Northern. C ablevision Northwest, _Inc within this C and i s hereby incorpora in and made part of the ordinances of thi City as completely as if set out here in full. Section 2. Violations and Penalties. Any p erson, as defined in the Cab Communications Ordinance, who violates any provisions of the said Ordinance shall, upon c thereof by lawful authority, be punished by fine not to exc $500.00 or by imprisonment for a period not to exceed 90 days, or both, and shall be liab for the costs of prosecution. Section 3. Admini a nd Enforcement. The administration and enforcement of the cable communications system authorized pursuant t the ordinance incorporated by reference in Section 1 shall be at the direction o the City Manager and he shall periodically review the progres and be nefits of the membership of this City in the Northwest Suburbs Cable Commission and the review of the c able communications system to the City thereby. Section 4. This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 31, 1983 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:38 p.m. ROLL CALL Chairman George Lucht, Commissioners Nancy Manson, Lowell Ainas, Carl Sandstrom and Donald Versteeg. Also present were Director of Planning and Inspection Ronald warren and Planning Assistant Gary Shallcross. Chairman Lucht stated that Commissioner Malecki had called to say she would be unable to attend the evening's meeting and also noted Commissioner Simmons had stated at the last meeting that she would be unable to attend. APPROVAL OF MINUTES - March 17, 1983 Motion by Commi.sH - o er Sandstrom seconded by Commissioner Manson to approve the minutes of the March 17, 1983 Planning Commission meet- ing as submitted. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. APPLICATION NO. 83011 (Robert Adelmann) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct an 8' x 25' addition to the south end of the east cling of the service station at 6501 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83011 attached). The Secretary explained that the Building Official had contacted the State Building Codes Division regarding making the restrooms accessible to the handicapped. He ex- plained that unless the restrooms themselves are being remodeled, it is not necessary, under the State Building Code, for the restrooms to be made accessible to the handicapped. He added, however, that the Building Official does recommend that the restrooms be modified to make the restrooms as accessible to the handicapped as possible. The Secretary also noted that the sign above the roofline had been removed and was no longer an issue with this application. Chairman Lucht asked the applicant whether he would be willing to widen the doors to the restrooms to make them accessible to the handicapped. Mr. Adelmann responded that he had not considered doors especially for the handicapped. However, he added, he did plan on getting new doors for the restrooms anyway and thought it would be possible to comply with the recommendation of the Building Official. He asked how great a revision would be involved. The Secretary answered that the doors are presently 2' 4° wide and that the Building Official has recommended a 2' 8 " door, swinging out. Commissioner Ainas also explained the Building Code requirements for the restroom stalls themselves. The Planning Assistant stated that the stall in the women's room is large enough to meet handicapped 3 -31 -83 -1- accessibility requirements and stated that the expansion of the men's stall should not require elimination of the urinal. There followed a brief discussion as to how the matter of handicapped accessibility would be handled. Mr. Adelmann stated that he would be willing to look at what was involved in making the restrooms accessible. The Secretary stated that the plans could be modified without necessarily adding a condition to the approval. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. There was no one present to speak on Application No. 83011. Chair - man Lucht called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Manson seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. The Secretary left at 7:50 p.m. and returned at 7:52 p.m. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83011 (Robert Adelmann) Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend approval of Application No. 83011, 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 codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of P ermits. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: g v r: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. APPLICATION NO. 83012 (Saner Knutson) 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 1112 Emerson Lane north. He reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83012 attached). In response to a question from Commissioner Sandstrom regarding hours of operation on Sunday, the Secretary stated that staff recommend no hours be permitted on Sunday. Commissioner Manson asked whether the hours requested were similar to other similar home occupations. The Secretary responded in the affirmative. Chairman Lucht called on the applicant to speak. Mr. Sanver Knutson explained that, to the north of the garage he would be working in, was another garage belonging to the neighbors to the north. He stated that noise from the garage should not be a problem. He stated that he had no problem with limiting hours to 8:00 p.m. week- 3-31-83 -2A • days and Saturday. He asked whether Sunday hours could be allowed. Chairman Lucht stated that he recommended against such hours. Mr. Knutson asked whether this meant there would be no operation of engines allowed, but that he could work on engines as long as he was not starting them up. Chairman Lucht stated that if Mr. Knutson was working in his garage by himself with the door closed, no one might be aware that he was working on his home occupation, but that such operation on Sunday would not be acknowledged under approval of the home occupation. The Secretary briefly reviewed some of the philosophy behind home occupations and explained that other home occupations have been restricted much more than Mr. Knutson's. He cited the example of the Tidy Car business which was limited to a certain number of cars that could be worked on in a given month. Mr. Knutson stated that he would not fire up any engines when other people were outside en- joying their yard. The Planning Assistant stated that it would be impossible for the City to enforce a condition which limited hours of operation based on what other people were doing in their yards. He stated that forbidding work on Sundays was a simpler way of ensuring some rights for the neighbors and would be easier to live with, both from an enforcement standpoint and from the applicant's standpoint. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Mr. Manson, 1106 Emerson Lane North, stated that he did not feel there would be any problem with the home occupation. He also pointed out that in two directions from the Knutson home, there was no conflict, noting that the church does not have functions during working hours. CLOSE PUBLIC HEARING Seeing no one else who wished to speak on the application, Chairman Lucht called for a motion to close the public hearing. Motion by Commissioner Manson seconded by Commissioner Versteeg to close the public hearing. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83012 (Sanver Knutson) Motion by Commissioner Versteeg seconded by Commissioner Manson to recommend approval of Application No. 83012, subject to the follow- ing 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:OO a.m. to 8:00 p.m. Monday through Friday, and 10:00 a.m. to 8:00 p.m. Saturday. 4. All parking associated with the home occupation shall be off - street on improved space on the property. 3 -31 -83 -3- 5. P_ 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 Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. DISCUSSION ITEM (Manufactur Housing) The Secretary then reviewed with the Planning Commission, ordinance language to allow manufactured housing on the same basis as stick - built conventional housing in Rl and R2 zoning districts. He ex- plained that the Zoning Ordinance presently prohibits trailers as dwellings within the City. He explained that the City has allowed pre -cut homes to be assembled on sites in Brooklyn Center. Ile re- viewed ordinance language to allow earth - sheltered and manufactured housing to be considered dwellings and to strike the prohibition against trailers. He noted, however, that certain recreational vehicles, campers, buses, etc. would not be considered as dwellings. The Secretary then discussed proposed ordinance language requiring permanent continuous foundations around the circumference of the dwelling, but noted the provision to allow porches, canopies, decks, balconies, stairs, etc. to be placed on a. noncontinuous permanent foundation as approved by the Building Official. He also noted that certification of manufactured housing by the Department of Housing and Urban Development was necessary before such housing could be built in Brooklyn Center. Finally, he reviewed the pro - L posed language requiring a width and depth of the main portion of the dwelling o be no less than 18 feet. He explained that this g would require a house to have a minimum ground coverage of 320 square feet and would also require double wide mobile homes. He stated that staff would check the Assessor's records to see if there were any homes in Brooklyn Center less than 320 square feet in area. The Secretary also pointed out that the proposed regulations would not affect buildings in the R3 zoning district on up, only the Rl and R2 districts. Chairman Lucht asked whether staff had reviewed the ordinance language with the City Attorney. The Secretary responded in the negative, but added that that should probably be done. He stated that staff would check the Assessor's records to check for other nonconforming uses that might be created by the proposed regulations. He stated, however, that a house less than 320 square feet should probably be nonconforming, considering the general standard in the community. Commissioner Versteeg asked whether structures built before adoption of this language would begrandfathered and allowed to continue. The Secretary answered that structures not meeting the zoning regulations would be nonconforming and would be allowed to continue, but could not expand or be moved to a different location. He stated that a house without a foundation would have to have a foundation in order to expand. Commissioner Sandstrom asked if this would be the case even to add a deck. The Secretary responded in the affirmative. 3 -31 -83 -4- Commissioner Ainas then quoted a section from the Building Code regarding manufactured housing wherein it states the application for a building permit to erect a manufactured house must be ac- companied by a plan approval from the State. - He asked what this would be referring to. The Secretary stated that it probably-re- ferred to the HUD certification. He stated that either the City of the State could stop construction of manufactured housing. He also pointed out that the City would still require plumbing, heating and electrical permits and inspections, as with conventional housing. The Secretary noted that the State has different standards for man- ufactured housing than for conventional housing under the Building Code. He stated that he did not necessarily agree with this approach and stated that he felt the same standard should be applied to any type of housing within a given zoning district. The Secretary also stated that he would like to have recommended, a minimum roof pitch to prevent a boxy appearance, but noted that double -wide mobile homes will usually have some roof pitch and that there are also some flat roofs already in town. The existing flat roofs, he said, have not been a big problem. Commissioner Versteeg asked how the Building Inspector would in- spect a pre -built home. The Secretary stated that the Building Official would check the footings to see that they met frost depth before concrete is poured and that he would check for the HUD seal of approval. He also noted that there would be utility permits for connections to water and sewer and that these connections would be inspected. He acknowledged that there would be no real framing inspection as with conventional housing. Following a further brief discussion of some of the advantages and disadvantages of manufactured housing, it was agreed that the a held over until April the A proposed ordinance language would be P study meeting for review by the full Commission and action at that time. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Versteeg to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:47 p.m. Chairman 3 -31 -83 -5- planning Commission Information Sheet Application No. 83011 Applicant: Robert Adelmann Location: 6501 Humboldt Avenue North Request: Site and Building Plan, Special Use The applicant seeks site and building plan and special use permit approval to construct an addition to the service station at the northwest corner of 65th and Humboldt Avenues North. The property is bounded by 65th Avenue North on the south, by Humboldt Avenue North on the east and by the North Lyn Apartments (zoned R5) on the north and west. The land in question is zoned C2 and service stations are special uses in the C2 zone. The proposed addition is to the south end of the east wing of the building. The ex- pansion will enclose the entrance area to the restrooms and will include a remodeling of the counter area, moving it to the southeast corner of the building. The addition will move the south wall of the east wing 8' 22" southward. The east wall of this addition and approximately 12' of the south wall will be covered with windows in anodized aluminum thermo -break frames. The remaining i3' of the south wall will be brick, the same type as is presently in use on the exterior walls of the building. The southeast corner of the building is to be bounded by a planter containing 9 Maney Junipers in a bed covered with rock mulch. The addition is to be equipped with an automatic fire extinguishing system in accord- ance with Chapter 5 of the City ordinances. The applicant's architect has explained that the existing restrooms are not accessible to the handicapped and he does not propose to make them so accessible with this remodeling. It is the opinion of the Building Official, however, that the proposed addition and remodeling are extensive enough that modification of the restrooms to assure handicapped accessibility is required. We should also point out that the plans indicate signery on the south face of a brick chimney type structure extending above the roof -line. Such roof signs are presently in place and are not permitted, unless replacing a freestanding identi- fication sign, which these are not. The Building Official has ordered the signs down and we recommended that approval of this application be contingent on compliance with that order. In summary, the plans must be modified slightly, but are generally in order. Approval of the application is recommended, subject to at 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 codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. The plans shall be modified to provide for handicapped accessi- bility to the restrooms in accordance with the handicapped code. 3 -31 -83 °1- M Application No. 83011 continued 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. 'Approval of the application is contingent on compliance with the order of the Building Official to remove all roof signery (signery above the roof -line) prior to the issuance of building permits. i M 3 -31 -83 -2- Planning Commission Information Sheet Application No. 83012 Applicant: Sanver Knutson Location: 1112 Emerson Lane North Request: Special Use Permit The applicant seeks special use permit approval to conduct a small engine repair home occupation in the garage of the residence at 1112 Emerson Lane North. The residence is located at the northeast corner of Emerson Lane (formerly 692 Avenue North) and Emerson Avenue North. It is bounded by single - family homes on the north and east, by Emerson Lane on the south and by Emerson Avenue North on the west. The Lutheran Church of the Master is located across Emerson Avenue North to the west and a 7 -unit apartment building is located across Emerson Lane to the south. The lot in question is zoned R1 and small engine repair is a special home occupation under the City's Zoning Ordinance. The applicant has submitted a letter (attached) in which he describes the proposed home occupation. He states that the layout of the garage on the lot and a 6' high basket -weave fence will help reduce noise impact. He proposes hours of operation to be limited as follows: Weekdays: 9 :00 a.m. to sunset Saturday: 10:00 a.m, to sunset Sunday: 12:00 noon to 6:00 p.m. He stresses that the home occupation is a part —time operation. The engines worked on would include lawn mowers, garden equipment and snow - throwers. No outboard motors, motorcycles, or other recreational vehicles would be worked on. Mr. Knutson states that many of the pickups and deliveries will be done by himself and that traffic concerning the home occupation would be relatively few. Mr. Knutson also explains that he intends no retail sales; that special equipment would consist of a sharpening unit for lawn mower blades; that no more than half the garage would be used for the business; and that he would be the only person employed in the home occupation. (It should be noted that Sanver Knutson is not the owner of the premises, but the son of Vernon Knutson, the owner). Our records indicate that 10 repair- related home occupation special use permits have been sought in the past 15 years. All have been granted. Of primary concern with this application is the fact that the applicant's garage is actually located closer to the neighbor's residence at 6920 Emerson Avenue North than to his own residence. We feel the hours of operation are at a maximum, allowing flexibility to the applicant, but perhaps causing an annoyance to the neighbor. We would recommend some diminution of the hours, limiting evening work (or at least running of engines) to no later than 8:00 p.m. The Commission has also sometimes recommended against hours of operation on Sunday, not as a way of imposing a religious observance, but to give the neighborhood an assured, regular break in home occupation activity (and Sunday has seemed to be the best day for this). The Building Official has not yet inspected the premises. Usually, in home occupations of this type, a 5 lb. fire extinguisher is required in the work area. The proposed special use permit is consistent with others granted in the past and approval is recommended subject to the following conditions: 3 -31 -83 -1- Application No. 83012 continued 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 8:00 p.m. Monday through Friday, and 10:00 a.m. to 8:00 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. 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. 3 -31 -83 -2- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: March 28, 1983 SUBJECT: Gambling License Application, St. Alphonsus Catholic Church Fun Fair Attached please find the completed police investigation of St. Alphonsus Fun Fair in application for a Class B gambling license. Bernard August Ley is listed as the gambling manager. Investigator Monteen's resume lists nothing which would preclude St. Alphonsus Catholic Church, nor the gambling manager from receiving such a license. In addition to a Class B gambling license, St. Alphonsus Catholic Church has made application for the waiver of the $10,000 fidelity bond as provided in the City Ordinance. The City Council must act on the following two matters: 1. The application for a Class B gambling license. This requires a majority vote of the City Council to pass. f 2. A waiver of the $10,000 fidelity bond. This requires the unanimous vote of the City Council to pass. 7 1 The following is a resume concerning the investigation of the Brooklyn Center Police Department's Case #83- 03913, the applica- tion for St. Alphonsus Catholic Church in application for a Class B gambling license as issued by the City of Brooklyn Center, Hennepin County, Minnesota. This investigation has been conducted by A. Paul MONT.,E£1. This resume transcribed and typewritten by Barbara PIETRZAK, Administrative Aid with the Brooklyn Center Police Department. APPLICANT: St. Alphonsus Catholic Church 7025 Halifax Avenue North Brooklyn Center, MN 55429 Telephone: 561 -5100 Bernard August LEY 6839 Bryant Avenue North Brooklyn Center, MN 55430 Telephone: 566 -6278 INFORMATION CONTAINED WITHIN THIS FILE: An application for a Class B gambling license An application for a Class B gambling license, part 2, in the name of Bernard August LEY An application for a gambling license, part 3, organizational information A letter requesting a waiver of the $10,000 fidelity bond St. Alphonsus Catholic Church is a corporation located within the City of Brooklyn Center. By legal description in Hennepin County, District 22, plat 89637, parcel 6250: plat 89101, parcel 1410: plat 89258, parcel 6900: plat 89251, parcel 7200. St. Alphonsus Catholic Church owns and operates the sanctuary, rectory, CDC school and other functions from a business office located at 7025 Halifax Avenue North, Brooklyn Center. St. Alphonsus congregation began in January of 1959 and operates with a current membership of approximately 15,000. Of this, the active membership is approximately 4,000. St. Alphonsus Catholic Church is a nonprofit organization and has a tax exempt status granted by the United States Department of the Treasury, Internal Revenue Service, and carries the number 41- 0846441. The Department of Commerce and Department of Taxation of the State of Minnesota have issued the tax exempt number of 9019199 to St. Alphonsus Catholic Church. Resume of Investigator MONTEEN Case #83 -03913 Page 2 According to the United States Department of the Treasury, Internal Revenue Service and the State of Minnesota Department of Commerce, a bona fide religious organization is exempt from filing folln 990 or 900T and is not required to file any type of tax return with the state or federal government. Moreover, a bona fide religious organization is not required to file a charitable organization's annual report as required by section 309.53 of the Statutes of the State of Minnesota. Contained within the application for a gambling license is an application, part 2, in the name of Bernard August LEY, as gambling manager. Mr. LEY is a resident of the City of Brooklyn Center and has been so from 1974 until the present, residing at 6839 Bryant Avenue North. Prior to 1974, Mr. LEY resided at 812 47th Avenue N.E., which is located within the corporate limits of the City of Columbia Heights. Bernard LEY is employed by the University of Minnesota Department of Surgery as the administrator of the surgery department of the University of Minnesota Hospitals, and has a business address of 516 Delaware Street S.E., Minneapolis, MN. Mr. LEY has been so employed since 1973. In checking the files of the Brooklyn Center Police Department, Investigator MONTEEN finds no record in the name of Bernard August LEY. Furthermore, Investigator MONTEEN checked with the Columbia Heights Police Department, the MINCIS and NCIC files, the Hennepin County Sheriff's Office Warrants Division and Jail Records Division,'the central files of the State of Minnesota, and found that LEY has no record with any of these law enforcement organizations. Furthermore, LEY holds a valid Class C driver's license with the State of Minnesota and has no violations. It should be noted that St. Alphonsus Catholic Church has made application for and received a Class B gambling license in the years 1979, 1980, 1981, and 1982. As well, during the years 1979 and 1980, St. Alphonsus Catholic Church made application for and received a Class B bingo license. St. Alphonsus Catholic Church has complied with the regulations concerning the reporting of income and expense as well as the distribution of profits as required by State Law and City Ordinance. Accompanying the application for a Class B gambling license is a letter addressed to the City Council from the Reverend Father James E. SHEA, Pastor of St. Alphonsus Catholic Church. Father SHEA requests that the City Council consider a waiver of the { $10,000 fidelity bond as provided in the City Ordinance. Investigator MONTEEN finds nothing hich would 9 preclude St. Alphonsus Catholic Church or Bernard August LEY, Gambling Manager, from receiving a Class B gambling .license as issued by the City of Brooklyn Center. z Resume of Investigator MONTEEN Case #83- 03913 Page 2 The City Council must act on the following two matters: 1. A Class B gambling license. This requires a majority vote of the City Council to pass. 2. The request for the waiver of the $10,000 fidelity bond. This requires the unanimous vote of the City Council to pass. A y 1 Licenses to be approved by the City Council on April 11, 1983 FOOD ESTABLISHMENT LICENSE Baskin Robbins - 31 Flavors Brookdale Center roan Evangelical Free Church 6625 Humboldt Ave. g -Bi Service Station 5710 Xerxes Ave. N. Bridgeman's Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Brookdale Plitt 2501 County Rd. 10 Brooklyn Center Country Boy 4401 69th Ave. N. Brooks Superette 6804 Humboldt Ave. N. Brother's Brookdale Restaurant Brookdale Center Chuck Wagon Inn 5720 Morgan Ave. N. Chuck's Q. 1505 69th Ave. N. Dayton's Brookdale Center Denny's Restaurant 3901 Lakebreeze Ave. Duoos Brothers American Legion Post 4307 70th Ave. N. Earle Brown Bowl 6440 James Circle 1 Fanny Farmer Candy Shop Brookdale Center Farrell's Ice Cream Parlor 5524 Brooklyn Blvd. Good Earth Restaurant Westbrook Mall Green Mill 5540 Brooklyn Blvd. Holiday Inn 1501 Freeway Blvd. House of Hui 6800 Humboldt Ave. N. Howard Johnson Co. 250 Granit Street Ground- Round Restaurant 2545 County Rd. 10 Jerry's Brookdale Super Valu 5801 Xerxes Ave. N. Jim & Dee's Donut 7 Coffee Shop 6838 Humboldt Ave. K -Mart 5930 Earle Brown Dr. -Mart 3600 63rd Ave. N. nbxook Bowl, Inc. 6357 Lilac Dr. N. cDonald's 5525 Xerxes Ave. Maid of Scandinavia Co. Westbrook Mall Maranatha Conservative Baptist Home 5401 69th Ave. N. Meriwether's 2101 Freeway Blvd. Nature Food Center Brookdale. Center Orange Julius of Brookdale Brookdale Center Peking Place 5704 Morgan Ave. N. Perkins Cake & Steak 5915 John Martin Dr. Poppin Fresh Pie Shop 5601 Xerxes Ave. N. Show Biz Pizza Place 5939 John Martin Dr. T- Wrights 5800 Shingle Cr. Pkwy. Taco Towne 6219 Brooklyn Blvd. Thrifty -Scot Motel 6445 James Circle Yen Ching Restaurant 5900 Shingle Cr. Pkwy. -J. Sanitarian GAMBLING LICENSE - Class B {) St. Alphonsus Church 7025 Halifax Ave. N. i _- C494 of Police ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave. N. ) Sanitarian 7� 1 M ECHANICAL SYSTEM'S LICENSE Able Mechanical Services 6717 83rd Pl. N. Care Air Conditioning 1211 Old Highway 8 Conservenergy Systems, Inc. 6505 Taft Street * nnesota Gas Company 733 Marquette Ave. scar Heating 3095 162nd Lane NW G. Sedgwick Heating & Air Cond. 1001 Xenia Ave. S.YV"1� Buildi Official MOTOR VEHICLE DEALERSHIP LICENSE - Class A Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6801 Brooklyn Blvd. North Star Dodge 6740 Brooklyn Blvd. City Clerk' NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Industrial Rd. Johnson Controls 1801 67th Ave. N. 5�. - Sanitarian SIGN HANGER'S LICENSE DeMars Signs 4040 Marshall St. N.E. Naeg_le Outdoor Advertising 1700 W. 78th St. Nordquist Sign Company, Inc. 312 W. Lake St. Royal Crown Beverage Co. 553 N. Fairview Ave. - - Bui.ld Un Official � -- SWI POOL LICENSE Garden City Court Apartments 3407 65th Ave. N. le liday Inn 1501 Freeway Blvd. rvin Garden Townhouses 68th and Orchard Moorwood Homeowners Assoc. 5809 Lake Curve Ln. 1 Q� Sanitarian `¢ GENERAL APPROVAL '� Gerald G. Splinter,, City Clerk if