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HomeMy WebLinkAbout1982 03-22 CCP Regular Session l CITY COUNCIL AGENDA City of Brooklyn Center March 22, 1982 7:00 p.m. 1. Call to Order 2. Roll Call . 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Approval of' Minutes - March 8, 1982 7. Presentation of Award to City Council from Minnesota National Water Ski Team 8. Resolutions: *a.- Accepting Bid and Awarding ontract for 1982 -B (Projects 1982 -02 and g J 1982 -03- Xerxes Avenue /55th Avenue /56th Avenue Reconstruction and Brookdale Center -55th Avenue Entrance Reconstruction) -It is recommended that the Contract be awarded to the low bidder -C. S. McCrossan, Inc. at a total cost of $309,653,80. The Engineer's estimate for this work was $353,024.75. b. Authorizing City "Manager to Initiate Negotiations for Purchase of Right- of -Way Required to Develop 69th -70th Avenue Connection in the q P Evergreen g Park Area -Staff will be prepared to report on the informational meeting held at Evergreen School on March 10. Residents of the area have been advised that this matter will be considered by the_Council at tonight's meeting. JF c. Revising Municipal State Aid Streets System Designations within the ° City of Brooklyn Center -This matter was reviewed in detail at the February 22, 1982 meeting. The prepared resolution includes designation of the 69th -70th Avenue connection in the Evergreen Park area as a municipal state aid street. d. Requesting Hennepin County to Proceed with a "Turnback Project" on 69th Avenue North between Brooklyn Boulevard and Shingle Creek Parkway . - Hennepin County has tentatively agreed to construct a 2" bituminous overlay on this section of 69th Avenue in consideration of the City's agreement to assume jurisdiction. This resolution requests Hennepin County to proceed on this basis. i e� CITY COUNCIL AGENDA -2- March 22, 1982 e. Authorizing City Manager to Initiate Negotiations for Purchase of- Right-of-Way Required to Allow Realignment of the 69th Shingle Creek Parkway Intersection This matter was discussed in detail at the February 22, 1982 meeting. *f. Expressing Recognition of and Appreciation for the Dedicated Public Service of Mr. Richard Hager g. Relating to Hennepin County Municipal Court Case Disposition Reporting Procedures h. Relating to DWI Cases in the City of Brooklyn Center i. Establishing a Policy Relating to the City Prosecutor 9. Planning Commission Items (8:00 p.m.) *a. Application No. 82004 submitted by Brooklyn Development Company for Preliminary R.L.•S. approval to resubdivide the land bounded by Spec. 9 on the north, Shingle Creek Parkway on the east, Freeway Boulevard on the south, and Shingle Creek on the west. -The Planning Commission recommended approval of Application No. 82004 at its March 11, 1982 meeting. *b. Application No. 82009 submitted by Lombard Properties for a special use permit for off -site accessory parking on proposed Tract C of the R.L.S. in Application No. 82004 to provide ordinance required parking for development on Tracts A and B of the same R.L.S.. -The Planning Commission recommended approval of Application No. 82009 at its March 11, 1982 meeting. c. Application No. 82010 submitted by Robert L. Johnson for preliminary plat approval to subdivide into two lots the land now contained on Lot 1, Block 1, Piccadilly Pond Addition west of Brooklyn Boulevard and north of Shingle Creek. -The Planning Commission recommended approval of Application No. 82010 at its March 11, 1982 meeting. d. Application No. 82011 submitted by Red Lobster for site and building plan approval to construct a 248 seat restaurant on the property located at 7235 Brooklyn Boulevard. -The Planning Commission recommended approval of Application No. 82011 at its March 11, 1982 meeting. e. Application No. 82012 submitted by Red Lobster for special use permit approval for accessory off -site parking on Lot 2, Block 1 of the pro- posed Red Lobster Addition. -The Planning Commission recommended approval of Application No. 82012 at its March 11, 1982 meeting. CITY COUNCIL AGENDA -3 March 22, 1982 f. Application No. 82013 submitted by Keith Boyum for a special use permit to operate a sun tan studio in the Brookdale Office Tower at 2810 County Road 10, -The Planning Commission recommended approval of Application No. 82013 at its March 11, 1982 meeting. 10. Discussion Items: a. Handicap Accessibility Survey b. County Commissioners' Decision on Radio Communication System -The staff will be prepared to report on this item at the meeting. *11. Licenses 12. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN'T'ER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • REGULAR SESSION MARCH 8, 1982 CITY HALL CALL TO ORDER e The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor 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, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Arends from Brook Park Baptist Church. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum session from Mr. Bernie Ackerson, 3713 -53rd Place. Mr. Ackerson inquired whether the City could look into the possibility of placing a drive -up phone on the north side of the civic center. He stated that he was also concerned that the steps inside the social hall were a problem for senior citizens to negotiate. He also inquired whether the public address system in the civic center social hall has been improved. He added that he has not visited the civic center for over a year. The City Manager , � social hall is not a high y ge explained that the sound system � -n the g quality system but that he has received only one complaint on the system. He explained that the speakers in the social hall were mounted 'nigher on the wall to improve the sound quality. He pointed out that after the speakers were rearranged they were stolen shortly thereafter. Regarding the steps in the social hall area, the City Manager pointed out that the colors have been changed on the steps to differentiate them from the rest of the carpeted area so that they can more easily be seen by senior citizens and other people negotiating, the steps. He added that no people have fallen on the steps that the City is aware of. He added that the, City staff will look into the possibility of installing a drive -up phone on the north side of the civic center area. - CONSENT AGENDA Mayor. Nyquist requested that the approval of the February 22, 1982 Council minutes be removed from the consent agenda since Councilmember Lhotka was not present at that meeting. APPROVAL OF MINUTES - FEB 22, 1982 There was a motion by Councilmember Scott and seconded by Councilmeni�)er Hawes to approve the minutes of the City Council meeting of February 22, 1982 as submitted. Voting in favor_: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Lhotka abstained from the vote as he was not present at the February 22, 1982 meeting. . 3 -8 -82 -1- RESOLUTIONS RESOLUTION NO. 82 -40 • Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND 'APPROVING CONTRACT FORM DISEASED SHADE TREE REMOVAL CONTRACT 1982 -C 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. RESOLUTION NO. 82 -41 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION "OF AN AGREEMENT WITH THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES FOR RECONSTRUCTION OF THE 55TH AVENUE ACCESS TO THE BROOKDALE SHOPPING CENTER 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. RESOLUTION NO. $2 -42 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PROCLAIMING MARCH AS YOUTH ART MONTH IN BROOKLYN CENTER 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 oted against the same: none, whereupon said resolution g g P was declared duly passed and adopted. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses:_ FOOD ESTABLISHMENT LICENSE Brookdale Assembly of God Church 6120 Xerxes Ave. N.:.. Brooklyn Center A & W 6837 Brooklyn Blvd. Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Burger King 6110 Brooklyn Blvd. Evergreen Park Elementary School 7020 Dupont Ave. N. Faith Community Church of God 6630 Colfax Ave. N. Bruce Leonard 2920 County Road 10 European Health Spa 2920 County Road 10 Rocky Rococo Brookdale Center • Servomation Corp. 7490 Central Ave. N.E. Medtronics Earle Brown Drive Medtronics Shingle Crk Pkwy, 3 -8 -82 -2- MECH SYSTEMS LICENSE Air Comfort, Inc. 3944-Louisiana Circle Cedar Valley Heating 4770 Nicols Road Centraire, Inc. 13025 Pioneer Trail raX-:nr's Heating & Cooling, Inc. 656 W. 98th Street Marsh Heating & Air Cond. 6248- Lakeland Ave. N. Midwest Heating & Air Cond. 9809 Valley Forge Ln. Royalton Heating & Cooling Co. 4120 85th Ave. N. Fred Vogt & Co.- 3260 Gorham Ave. NONPERISHABLE VENDING MACHINE LICENSE F & M Savings Bank 5825 Xerxes Ave. N. Northwest Vending Inc. 1401 Bliss Ln. Whirltronics, 3401 48th Ave. N. _ Servomation 7490 Central Ave. N.E. Daytons's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Medtronics 6120 Earle Br. Dr. dt Me tonics 67 Shingle Cr. 00 1 g Pkwy. PERISHABLE VENDING MACHINE LICENSE Norcraft, Inc. Rte. 1, Box 222 Brooklyn Center High School 6500 Humboldt Ave. N. Northwest Vending Inc. 1401 Bliss Lane Whirltronics 3401 48th Ave. N. Servom t' a ion 7490 Central Ave. N.E. Dayton's Brookdale Center Donaldson'.s Brookdale Center Graco 6820 Shingle Cr. Pkwy. Medtronics 6120 Earle Br. Dr. Medtronics 6700 Shingle Cr. Pkwy. Onan Tech Center 6120 Earle Br. Dr. SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE Snyder Brothers Drug Brookdale Center Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PRESENTATION OF AWARD TO MS DIANE LEMKE Mayor Nyquist noted that this part of the meeting was one of the more pleasant moments in the agenda and noted that the Council would like to present a Resolution in Recognition of Diane's Achievement on Being Chosen One of the Ten Outstanding Young Minnesotans by the Jaycees organization. Mayor Nyquist proceeded to read the resolution and presented the resolution and plaque to Diane and noted that he would also like to present her with the braille version of the resolution. The braille version of the resolution was provided by the Communication Center at the State Services for the Blind. 3 -8 -82 -3- Ms. Diane Lemke thanked the City for the plaque and resolution of recognition and stated that she appreciated receiving the award from the City explaining that often times a person gets a lot of things from other people, but not often from your own City. APPOINTMENTS TO AIRPORT LIAISON COMMITTEE Mayor Nyquist noted that Councilmember Hawes had contacted Mr. Ed Commers, 6206 Kyle Avenue North, regarding an appointment to the Airport Liaison Committee as one of the City's citizen representatives. He added that he had contacted Mr. William Killion, 5309 East Twin Lake Boulevard, as the second representative to the committee. He added that he would recommend to the Council that Mr. Ed Commers and Mr. William Killion be appointed as the Brooklyn Center citizen representatives to the Airport Liaison Committee. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to confirm Mayor Nyquist's appointment of Mr. William Killion and Mr. Ed Commers as Brooklyn Center's citizen representatives to the Airport Liaison Committee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist noted that he was also contacted by Mr. Chuck Nichols who expressed an interest in becoming a member of the committee. The City Manager stated that he would investigate the possibility of appointing Mr. Nichols as an alternate to the committee. APPOINTMENT TO PLANNING COMMISSION Mayor Nyquist noted that Mr. Rich Hager has submitted his resignation from the Planning Commission due to the fact that he is moving out of the City. Mayor Nyquist stated he is recommending that Mr. Don Versteeg, 3206 Mumford Lane be appointed to replace Rich- Hager. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to appoint Mr. Don Versteeg to the Planning Commission to complete the term of Mr. Richard Hager which expires on December 31, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS CONTINUED The City Manager introduced a Resolution Authorizing Execution of Agreement With Gabbert and Beck for Improvement of the Xerxes Avenue Access to the Westbrook Shopping Center. Councilmember Scott inquired whether the staff had discussed an access on 56th with the representatives from Gabbert and Beck. The Director of Public Works explained that the staff discussed several options with the Westbrook Mall merchants and Gabbert and Beck but could reach no consensus with the Westbrook Mall merchants. He added that one of the problems with the access off 56th would be that it may violate some of the present lease agreements in the Westbrook Mall stores. RESOLUTION NO. 82-43 Member Celia Scott introduced the following resolution and moved its adoption: 3 -8 -82 -4- RE'SO.,UTION AUTHORIZING EXECUTION OF AGREEMENT WITH GABBERT AND BECK FOR 'I'MZ'ROVEMENT OF THE XERXES AVENUE ACCESS TO THE WESTBROOK SHOPPING 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 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 Authorizing Execution of an Agreement Between the City of Brooklyn Center and Suburban Community Services. He explained that the contract with Suburban Community Services is a joint venture among eight northwest suburban communities to provide recreational programs for handicapped individuals. Councilmember'Scott commented that she has received comments from parents whose children have participated in the program explaining that they are grateful for this program and believe it is a good coordinated effort on the part of the eight cities. DISCUSSION ITEMS PRELIMINARY REVIEW OF THE 1982 PUBLIC IMPROVEMENTS PROGRAM The Director of Public Works explained that the projects he would review this evening are projects proposed for construction during 1982 by virtue of requests or petitions from property owners or developers, by inclusion into the five year municipal state aid program, by inclusion into the capital improvements program, or by inclusion in projects which are funded by state and or federal grants. He added that the purpose of the review is to advise the City Council that the Engineering Department is working on preliminary reports and designs covering these projects and that the department invites any and all comments and direction which the Council may wish to provide. The Director of Public Works proceeded to review the 1982 proposed public improve- ment projects which included Xerxes Avenue, 55th Avenue, 56th Avenue reconstruction, street system development in the Evergreen Park area, neighborhood park improve ments, Palmer Lake improvements, trailway development, pedestrian bridge over T.H. 100 between Lions Park and Brookdale Center, sidewalk construction through the north Industrial Park, water main construction at various locations, street light improvements, and civic center complex improvement. Councilmember Hawes asked whether the original plan for the sidewalk construction through the north Industrial Park contemplated extending the sidewalk to Shingle Creek. The Director of Public Works explained that the extension to Shingle Creek was considered, but because of the activity in the north Industrial Park area the staff believes that the safety of pedestrians could not be assured at this time and is therefore recommending extending the sidewalk only to Shingle Creek Parkway. Councilmember Lhotka requested the staff to provide the Council with a list of future possible public improvement projects and to indicate how they would be prioritized by the staff. The Director of Public Works stated that he could provide such a list to the Council for their consideration and review. 3 -8 -82 -5- w Councilmember Hawes inquired whether the ten public improvement projects which the Director of Public Works.just reviewed had been prioritized. The Director of Public Works explained that the projects had not been prioritized and that as the projects appear on the memorandum is no indication of how they would be prioritized. Y RECESS The Brooklyn Center City Council recessed at 8;02 p.m. and reconvened at 8:40 p.m. DISCUSSION ITEMS CONTINUED RECOMMENDATIONS FROM COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE REGARDING 1983 COMMUNITY DEVELOPMENT PROGRAM ACTIVITIES The City Manager indicated that the City will receive approximately $280,000 in Community Development Block Grant funds for 1983. He added that the Community Development Block Grant Advisory Group and the City staff met and held a public hearing on the Community Development Block Grant Program for 1983 on March 3, 1982. He added that it is the recommendation of both the citizen advisory group and the staff that the community development funds be appropriated for housing rehabilitation, contingency, and administration. He pointed out that the specific dollar amounts would be $232,000 for housing rehabilitation, $28,000 for contingency, and- $20,000 for administration. He stated that the appropriation is recommended because it will reserve the money for the City to use until new regulations are available. He added that the new regulations are supposed to give local units of government greater latitude in the use of community development funds and that it is intended, by the approval of these appropriations; to submit an amended application in late spring when the regulations will be available. He added that the new regulations may allow more flexibility, but until they are finalized the City - . -- staff believes that the recommended appropriations are an appropriate use for the Community Development funds. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adopt the recommendation of the Community Development Block Grant Advisory Group and City staff regarding the use of Community Development Block Grant funds for 1983. D.W.I. REPORT The City Manager reviewed for Council members a memorandum from the Chief of Police regarding the disposition of D.W.I. cases for the year 1981. He pointed out that during 1981, the Police Department arrested a total of 122 drivers for D.W.I.'s. Of these, he pointed out, only six persons served any jail time. He stated that in the opinion of local law enforcement agencies the courts are not dealing in a very effective manner with D.W.I.'s. He ,added that the information regarding the disposition of D.W.I. cases is difficult to obtain from the court system and that it is almost impossible to gather accurate data due to the way the county court system keeps it's records. Councilmember Lhotka inquired what the state legislature is ,proposing for changes in D.W.I. laws. The City Attorney commented that the problem in Hennepin County is the huge case load, pointing out, that 4 to 6 cases per day are scheduled but 0 3 -8 -82 -6- that it takes 2 days to try a,case and therefore it is impossible to try all cases that are scheduled and the pressure is to clear the caseload off the court calendar. Councilmember Lhotka then inquired whether the staff is requesting any Council action on this issue. The City Manager stated he would like to Propose that a resolution be drafted for Council consideration regarding the collection of information from the county court system. Councilmember Scott inquired whether the court costs could be assessed against the defendant in D.W.I. cases. She added that when a fine is stayed the person gets off free, without' paying anything at all, including court costs., The City Attorney stated that the staff could look into this but that he believes the court costs would probably exceed the cost of the fine. He indicated that the state statutes neither say that court costs can be recovered or that they cannot be assessed.' There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the staff to prepare a resolution for Council consideration which would .stipulate the problems of obtaining accurate information on the disposition of D.W.I. cases in Hennepin County and which would make the proper authorities aware of the problems. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. HUMAN RIGHTS COMMISSION Mayor Nyquist noted that he has received some communication from the Human Rights Commission regarding the attendance record of an individual member. He reviewed the by -laws of the Human Rights Commission which stipulated that three unexcused absences from consecutive regular meetings shall constitute grounds for the Commission Chairman to 'recommend to the Mayor the removal of a member. Mayor Nyquist then inquired of the City Attorney his recommendations regarding this situation. The City Attorney stated that generally individuals are uncommissioned in the same manner as they are commissioned. He added that he could look into the matter further and report back with an opinion at a later date. Mayor Nyquist stated that the Human Rights Commission has acted on this item and that he will have a recommendation for the Council at the next meeting regarding this matter. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember 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 Council adjourned at 9:04 p.m. Clerk Mayor ' 3 -8-82 -7- tl �2aA tom } n z A_ I Ct- �� Member introduced the following resolution and moved its adoptions RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM s (STREET IMPROVEMENT PROJECT NO.1982 -02, BROOXDALE' ACCESS IMPROVEMENT PROJECT NO. 1982 -03, CONTRACT 1982 -B) WHEREAS, pursuant to an advertisement for bids for Improvement Project Numbers 1982 -02 and 1982. -03, bids were received, opened, and tabulated by the City Clerk and City Engineer, on the 11th day of March, _1982. Said bids were as follows: Total Bid Amount Bidder Alternate A Alternate B Alternate C C.S. McCrossan, Inc. $309,653.80* $306,364,05* $306,364.05 *' Thomas & Sons Construction, Inc. 316,224.75 320,930 75 317,286.25 Shafer Contracting Co., Inc. 325,283.00 330,940.25 320,575.75* Bury & Carlson, Inc. 326,721.20 337,254.15 336,342.15 Hardrives, Inca 338,576.00 339,785.00 No Bid Northwest Asphalt, Inc. 361,108.25 359,226.00 No Bid *Engineer's Correction Upon Unit Extension WHEREAS, it appears that C.S. McCrossan, Inc. of Osseo, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $309,653.80, with C.S. McCrossan, Inc. of Osseo, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Numbers 1982 -02 and 1982 -03 according to the plans and specifications therefor approved by the City Council and on file in the office of the City y i Clerk. 2. The City Clerk is hereby authorized and directed to return forth- with to all bidders the deposits made with their 'bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. BE IT FURTHER RESOLVED that: 1. The estimated total cost of Improvement Projects 1982 -02 and 1982 -03 is.amended according to the fallowing schedule RESOLUTION NO. STREET IMPROVEMENT PROJECT NO. 1982-02 As Ordered As Amended a Contract $353,240.00- $287,766.10 r Utility Connections (Street Lights) 1,500.00 2,218.00 Engineering 31,930.00 26,098.57 Administrative 3,550.00 2,899.84 Legal and Bonding 3,550.00 2,899.84 Interest 21,280.00 17,399.04 TOTAL $415,050.00 $339,281.39 BROOKDAIE ACCESS IMPROVEMENT PROJECT NO. 1982 -03 As Ordered As Amended Contract $ 25,810.00 $ 21,887.70 Engineering 2,320.00 1,969.89 Administrative 260.00 218.88 Legal and Bonding 260.00 218.88 Interest 1,550.00 1,313.26 TOTAL $ 30,200.00 $ 25,608.61 2. The estimated costs to be financed will be as listed below:. STREET IMPROVEMENT PROJECT NO. 1982 -02 As Ordered - As Amended Special Assessments $265,100.00 $217,027.63 Special Assessments (Westbrook Mall) 17,400.00 13,739.95 Municipal State Aid Fund 132,550.00 108,513.81 (Fund Balance #2613) TOTAL $415,050.00 $339,281.39 BROOKDALE ACCESS IMPROVEMENT PROJECT NO. 1982 -03 As Ordered As Amended Special Assessments $ 30,200.00 $ 25,608..61 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. . r i i a a } TO: Sy Knapp, Director of Public Work. FROM: Jim Grube, Assistant City Engineer DATE: March 17, 1982 RE: Evaluation of Bids for Contract 1982 -B (Street Improvement Project 1982 -02; Brookdale Access Improvement 1982 -03) A review of the proposals received for the referenced Xerxes Avenue, 55th Avenue, and 56th Avenue reconstruction and the Brookdale access improvement has confirmed that C.S. McCrossan, Inc. is the low bidder. Upon further review of the bid prices for the paving section, it is recommended the City Council accept the C.S. McCrossan, Inc. bid for construction of the conventional pavement structure, Alternate A .(6 1/4 inches of bituminous over 4 inches of gravel), rather than the bid for construction of the full depth pavement structure, Alternate B (7 3/4 inches of bitui lnous) . Whereas construction of the full depth pavement structure (Alternate B) results in an estimated savings of $3,289.75 in the contract amount, construction of the conventional pavement section (Alternate A) provides a more substantial pavement structure and provides greater flexibility in the subgrade preparation process (i.e. a greater excess of subgrade excavation material is available for balancing any unknown subgrade conditions requiring excess excavation). The resulting benefits, as described above, justify the one percent increase in contract costs resulting from acceptance of paving section Alternate A. A comparison of contract costs and estimated construction costs (reported at improvement hearings) for Street Improvement Project 1982 -02 shows that a significant reduction in the unit assessment rates should be realized. Likewise, as shown on. the accompanying Resolution, the comparison of costs for Brookdale Access Improvement Project 1982 -03 shows that a reduction in previously estimated costs should be realized. A brief summary•of the various project costs and revenue sources for Improvement Project 1982-02 is a follows: Street Improvement Project 1982 -02 Street Westbrook Total Reconstruction Mall Access Cost 7 Contract Cost $276,022.55' 11,743.55 $287,-766.10 Utility Cost 2,218.0 0.00 2,218.00 Subtotal $278,240.55 $ 11,743.55 $289,984.10 Engineering, Legal, Administrative Cost 30,606.46 1,291.79 31,898.25 Interest Cost 16,694.43 704.61 17,399.04 TOTAL COST $325,541.44 $ 13,739.,95 $339,28:1.39 Assessable Cost $217,027.63 $ 13,739.95 $230,767.58 City Cost 108,513.81 0.00 108,513.81 TOTAL COST $325,541.44 $.13,739.95 $339,281.39 Assessment Rate for Street Reconstruction - Zone A = $3,463.58 /Acre ($4,230.77/Acre previous estimate) Zone B = $1,498.81 /Acre ($1,830.80 /Acre previous estimate) Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION AUTHORIZING CITY MANAGER TO INITIATE NEGOTIATIONS FOR PURCHASE OF RIGHT -OF -WAY REQUIRED TO DEVELOP A 69TH 70TH AVENUE CONNECTION IN THE EVERGREEN PARK AREA WHEREAS, 69th Avenue North between the West limits and West River Road (T.H 252) is designated as a collector street by the Brooklyn Center Comprehensive Plan; and WHEREAS, the Minnesota Department of Transportation has developed plans for the upgrading of T.H. 252 from Interstate Highway 94 -694 to 73rd Avenue to a limited access expressway design; and I WHEREAS, the City Engineer has developed a plan entitled "Evergreen Area Improvement Concept B" which proposes that the collector street connection between Dupont Avenue and West River Road (T.H. 252) be relocated from its present 69th Avenue North location to a new alignment which provides a reverse -curve connection between the intersection of 69th Avenue North and Dupont Avenue North and the intersection of 70th Avenue North and Camden Avenue North, thence easterly along 70th Avenue North to West River Road; and WHEREAS, the City Council has considered the proposed plan and has determined that it offers the following benefits: - it provides a protected pedestrian crossing of T.H. 252 at the point of greatest demand for pedestrian crossings - it provides for completion of the street system within the neighbor hood, developing a circulation system which will be compatible with the limited access provisions of the T.H. 252 plan - it provides for completion of the Evergreen Park /School /Recreational complex with joint use capabilities including future development of soccer fields - it reserves the City -owned property easterly of-Camden Avenue North_ and northerly of 70th Avenue North as a site for a possible future water treatment plant and for use as a public works storage yard - it provides for the development of a parkway environment, with provisions for edestrian and bicycle facilities P Y NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF.BROOKLYN CENTER that: 1- "Evergreen Area Improvement Concept B" is hereby approved as the conceptual plan for improvements within the Evergreen area. 2- The City Manager is hereby authorized and directed to initiate negotiations for the acquisition of property from those owners of the privately -owned properties which will be required to provide right -of -way for the proposed 69th - 70th Avenue connection as _.,.� contemplated within the conceptual plan. Such negotiations shall be conducted according to Federal and State regulations regarding Relocation Assistance and Real Property Acquisition. RESOLUTION NO. ti .r Date Mayor i i ATTEST: i Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 I r f i t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REVISING MUNICIPAL STATE AID STREET SYSTEM DESIGNATIONS WITHIN TIE CITY OF BROOKLYN CENTER WHEREAS it appears to the Council of the City of Brooklyn Center that the following revisions should lie made to the County State Aid Highway System designations and to the Municipal State Aid Street System designations within the City of Brooklyn Center under the provisions of Minnesota Statutes, Chapter 161 and 162 as amended; and that said revisions comply to the Brooklyn Center Comprehensive Plan and to the current policies of the Minnesota Department of Transportation, the Metropolitan Council and Hennepin County, _NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that: I- The City of Brooklyn Center hereby requests that the Board of r Commissioners for Hennepin County and the Commissioner of the Minnesota Department of Transportation approve the revocation of the "County State Aid Highway" (C.S.A.H. No. 130) designation v on that portion of 69th Avenue North between Brooklyn Boulevard (T.H. 152) and West River Road (T.H. 252). x 2- The City of Brooklyn Center hereby establishes the designation and requests that the Board of Commissioners for Hennepin County and the Commissioners of the Minnesota Department of Transportation approve the joint 'County - Municipal State Aid Street!': designation of that portion of 69th Avenue North (C.S.A.H. 130) between the west corporate limits and Brooklyn Boulevard (T.H. 152). 3- The City of Brooklyn Center hereby revokes the designation and requests that the 'City Council of the City of Brooklyn Park and the Commissioner of the Minnesota Department of Transportation approve the revocation of the "Municipal State Aid Street" designation of that _portion of Shingle Creek Parkway between 69th Avenue North and the north corporate limits (M.S.A.S. Section No. 109, Segment G40) , and the northern extension of this non- existing roadway into Brooklyn Boulevard. 4- The City of Brooklyn Center hereby revokes the designation and requests that the City Council of the City of Brooklyn Park and the Commissioner of the Minnesota Department of Transportation approve the revocation of the "Municipal State Aid Street" designation of that portion of 73rd Avenue North between Humboldt Avenue North and Dupont Avenue North in Brooklyn Center (M.S.A.S. Section No. 118, portion of Segment 010). 5- The City of Brooklyn Center hereby revokes the designation and requests that the Commissioner of the Minnesota Department of • Transportation approve the revocation of the "Municipal State Aid Street" designation of the following streets: RESOLUTION NO. i M.S.A.S> M.S.A.S. Street Name From /To Section. No. Segment No. 63rd Avenue North Xerxes Avenue to.Brooklyn Drive 101 050 63rd Avenue North Brooklyn Drive to Shingle Creek 101 060 Parkway - { 62nd Avenue North Dupont Avenue to 0.16 mile east 120 010 62nd Avenue North 0.16 mile east to 0.32 mile east 120 020 67th Avenue North Dupont Avenue to Camden Avenue 112 portion of 020 4 67th Avenue North Camden Avenue to West River Road 112 030 fl (T.H. 252) f 4 6- The City of Brooklyn Center hereby establishes the designation and requests that the Commissioner of the Minnesota Department of Transportation approve the establishment, location and designation of the following described roads as Municipal State Aid Streets: Street Name From /To 5 1s venue North Brooklyn Boulevard T.H. 152) to East Corporate Limits t Avenue h Y M 69th Avenue North Brooklyn Boulevard (T.H. 152) to Dupont Avenue North 70th Avenue 69th - a from the intersection of 69th Avenue North and Dupont Avenue u connection (new North to the intersection of 70th Avenue North and Camden alignment) Avenue North 70th Avenue North Camden Avenue North to West River Road (T.H. 252) BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two (2) certified copies of this resolution to the Commissioner of the Minnesota Department of Transportation for his consideration and that upon his approval of these designations, these roads shall be constructed, improved and maintained as Municipal State Aid Streets of the City of Brooklyn Center, to be numbered as determined by the rules for State Aid Operations, Minnesota Statutes, Chapter 161 and 162, as amended. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and- adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING HENNEPIN COUNTY TO PROCEED WITH A "TURNBACK PROJECT" ON 69TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY WHEREAS pursuant to negotiations between the Brooklyn Center City Manager and the Director of the Hennepin County Department of Transportation an agreement has been developed providing for the turnback of 69th Avenue North between Brooklyn Boulevard (T.H. 152) and West River Road (T.H. 252) from Hennepin County jurisdiction (as a portion of C.S.A.H. 130) to City jurisdiction subject to the following conditions: - Hennepin County will overlay, or provide an equivalent cash payment for overlaying 69th Avenue North from Brooklyn Boulevard (T.H. 152) to Shingle Creek Parkway; and - Hennepin County will participate in a Minnesota Department of Transportation project to revise the traffic control signal system at the T.H. 152 /69th Avenue North intersection, under the standard cost participation policy, if a study currently being conducted by the Minnesota Department of Transportation shows that such signal revisions are warranted; and WHEREAS the City Council has adopted a resolution providing for the f ( turnback of that portion of 69th Avenue North from Brooklyn Boulevard (T.H. 152) to West River Road (T.H. 252) from Hennepin County jurisdiction to City juris- diction; and WHEREAS the City Engineer has advised the City Council that the City could not accomplish an overlay project within the limits of the $48,000 "equivalent cash payment" estimate provided by the Hennepin County Director of Transportation NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that: 1- Upon approval of the turnback process by the Commissioner of the Minnesota Department of Transportation, Hennepin County proceed with placement of a two (2) inch bituminous overlay as a turnback project during calendar year 1982. 2- If the study currently being conducted by the Minnesota Department of Transportation shows that revisions to the traffic control signal system at the T.H. 152/69th Avenue North intersection are warranted, that the Minnesota Department of Transportation and Hennepin County proceed immediately with such revisions. .. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s Member introduced the following resolution and l_ moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING CITY MANAGER TO INITIATE NEGOTIATIONS FOR PURCHASE OF RIGHT OF WAY REQUIRED TO ALLOW REALIGNMENT OF THE 69TH AVENUE - SHINGLE CREEK PARKWAY INTERSECTION WHEREAS 69th Avenue North and Shingle Creek Parkway are both designated as collector streets by the Brooklyn Center Comprehensive Plan; and WHEREAS the existing intersection of 69th Avenue North with Shingle Creek Parkway is a T intersection controlled by all -way stop signs; and WHEREAS forecasts of future traffic flow patterns indicate that the heaviest volumes of traffic flow will occur on the westerly and southerly of this intersection, thereby creating an inefficient traffic flow pattern through this intersection and requiring the future installation of a traffic control signal system at this location; and WHEREAS the present alignment of 69th Avenue North at West Palmer Lake Drive does not meet current design standards for collector streets; and WHEREAS the City Engineer has developed a plan entitled "Realignment of 69th Avenue North Between West Palmer Lake Drive and Shingle Creek Parkway Alternate No. 2" which proposes the future realignment and construction of 69th Avenue North so as to provide for an improved geometric design at West Palmer Lake Drive and.for direct movement of the traffic between the major (west and south) legs of the intersection and for "teeing in" the minor east leg; and WHEREAS the City Council has considered the proposed plan and has determined that it offers the following benefits: - it provides the most efficient movement through the 69th Avenue - Shingle Creek Parkway intersection - it will substantially improve the safety of traffic movement through this area - it will eliminate the need for installation of a traffic control signal system at the 69th Avenue North - Shingle Creek Parkway intersection NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN CENTER that: 1- "Realignment of 69th Avenue North between West Palmer Lake Drive and Shingle Creek Parkway - Alternate No. 2 is hereby approved as the conceptual plan for future realignment of 69th Avenue through this area. 2- The City Manager is hereby authorized and directed to initiate nego- tiations for the acquisition of property from those owners of the privately- owned properties which will.be required to provide right of way for the realignment of 69th Avenue North as contemplated within . the conceptual plan. Such negotiations shall be conducted according to Federal and State regulations regarding Relocation Assistance and Real Property Acquisition. RESOLUTION NO. Date Mayor ATTEST: City 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. 1 Member introduced the following resolution and F moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. RICHARD HAGER WHEREAS, Mr. Richard Hager served as a member of the Planning Commission from January, 1982 to March, 1982; and WHEREAS, his devotion to the tasks and responsibilities of the Commission contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Mr. Richard Hager, as a member of the Planning Commission and citizen, is recognized and appreciated by the City of Brooklyn Center. Date Mayor i - ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Ron Wirren, Director of Planning and Inspections FRC M: Jam Grube, Assistant City Fngineer DATE: march 19, 1982 RE. Investigation of Motor Vehicle Light Patterns At the direction of the Planning Camdssion, the Engineering Departrent has reviewed the need to construct an opaque screen along the south side of the offsite accessory parking lot for the proposed Red Lobster Restaurant (Planning CO mission Application 82012) . As stated at the march 11, 1982 meeting, auto- mobile headlight glare may be noticeable at the Creek Villa townhouse develop- ment if opaque screening is not installed. In order to assist the City Council in determining a need for such screening, the following information is presented for your review and consideration. 1) The Minnesota fti.ghway Traffic Regulation Act, Section 169.55 states that headlights must project a light visible from a distance of 500 feet. 2) Section 169.60 states that headlight intensity must reveal objects a distance of 350 feet ahead when on high beam and 100 feet ahead when on low beam. 3) Section 169.65 establishes the standard that low beam lamps must be aimed so that the most intense point of the beam is below the center I, of the lamp. High beam lamps may be aimed so that the most intense point of the beam is at the centerline of the lamp (or horizontal) 4) Automobile headlights are considered to be 2 feet above ground surface, van headlights are 33 inches above ground, and in no instance may lights be higher than 42 inches above ground. 5) There are no specifications for degree of light beam divergence from head lamps. 6) The townhouses at 7224 and 7230 Perry.Court Fast are closest to the proposed lot, a distance of 170 feet. 7) The finished floor elevation of 7224 and 7230 Perry Court East is 2 feet above the south edge of the parking lot, but at the same elevation as the highest point of the lot. 8) Section 35 -412 of the City Ordinances requires an 8 foot wall or fence be constructed where C2 abuts Rl, R2, or R3 districts. Based upon the information provided, it is evident that persons in the rear yards of 7224 to 7230 Perry Court Fast are susceptible to high beam glare. 'Trees in full foliage may not adequately diffuse the light because few branches extend below 6 feet. Construction n tructi.on of an 8 foot opaque screen as required by City Ordinances, would block the most intense portion of the beam and most of diverging light pattern. In addition, the opaque screen would eliminate a parking lot view from the townhouses' main floors. It is therefore recomr°rended the applicant be required to construct -opag ue screening according to the minimum requirements of Section 35 -412 of the City Ordinances. - f. t. Planning Commission Information Sheet 4 i Application No. 82013 Applicant: Keith Boyum Location: 2810 County Road 10 Request: Special Use Permit The applicant seeks special use permit to conduct a sun tanning studio on the first floor of the Brookdale Office Tower at 2810 County Road 10. The land on which the office building is located is zoned C2 and is surrounded by Northway Drive on the west and north, by the Shingle Creek greenstrip on the east, and by County Road 10 on the south. This application is submitted for Planning Commission and City Council review not only to act on the request for a special use permit, but also to determine how sun tan studios (which are presently listed nowhere in the Zoning Ordinance) should be classified. After some discussion with the applicant and with other municipal zoning offid , e ff recommendation that sun tan studios be classified, along with health spas, recreation centers, etc. as a special use in the C2 zone which cannot abut Rl, R2 or.R3 property. The use, as described in a letter from the applicant (attached), involves the use by patrons of tanning "beds" equipped with flourescent lights which tan the body surface with ultraviolet light. The tanning beds are located in separate rooms which can be locked from the inside for privacy. A customer lies down on a formica surface on the tanning device and receives ultraviolet rays from an "umbrella" above and the "bed" below. After the tanning session is over, the formica surface is cleansed. There are no showers or sauna available. No massages will be offered. The applicant has indicated, apart from his letter, that two beauticians will be on the premises to offer beauty services in a separate area The proposed use would occupy 840 square feet on the first floor of the Brookdale Towers Office Building. Parking for the proposed use is considered to be consistent with other office uses since parking for the European Health Spa was calculated at the office formula of l space per 200 sq. ft. and other recreational uses have been allowed in the Earle Brown Office Tower and the Industrial Park. Staff have considered three categories in evaluating nature of the proposed use. - The most restrictive approach would be to consider sun tan studios as similar in nature to sauna establishments which cannot abut any residentially zoned (RI thru R7) property, either at a property line or a street line. The definition of sauna in the City's ordinances does include the use of heat lamps for the purpose of relaxing or reducing. It is felt that the use of the lamps in the proposed use is more for cosmetic purposes and, therefore, need not be grouped with saunas. The least restrictive approach would be to classify the use as similar in. nature to barber and beauty services which are permitted uses in the Cl as well as C2 zoning districts. Upon checking with other municipalities, staff find that some communities do classify sun tan studios in this manner while others require a special use or conditional use permit. Most of the cities checked 'restrict sun tan studios to a zoning district comparable to the C2 zone'in Brooklyn Center. We have also checked with the Cosmetology Unit of Consumer Services (Department of Commerce, State of Minnesota) which licenses beauty operators and beauty shops. They acknowledged that some beauty shops have sun tanning booths in their shops, however, the State does not consider this operation as a beauty shop requiring a license. 3 -11 -82 -1- Application No. 82013 continued The State Legislature has created - an "Esthetician License" for persons to do "cosmetic care of skin for compensation. ". The Cosmetology Unit is required to draft rules and regulations before December 31, 1982 regarding such licensing and they are considering including sun tanning studios under this definition. Our main concern is that the operation be run in a clean and sanitary fashion. We would recommend that any approval be subject to the review and approval of the operation and inspection of the premises at least every six months by the Sanitarian for health considerations. Costs for such inspections should be paid for by the operator. Staff recommend that sun tan studios be classified with health spas, recreation centers, bowling alleys, etc. as a special use in the C2 zoning district. The proposed use meets the restrictions as to location placed on those uses and approval is recommended, subject to at least the following conditions: 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to all codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The operation is subject to the review and approval of the Sanitarian prior to the issuance of the Special Use Permit. Inspection of the premises by the Sanitarian shall be conducted at least every six months to assure that the operation is being conducted in a clean, healthy and sanitary manner. The costs for- such inspections shall be paid by the operator. 4. The operation is subject to any further licensing provisions that may be imposed by the State of Minnesota. 5. The Special Use Permit is issued for a sun tanning operation and the offering of saunas, sauna bath, and massages as defined by City Ordinances is expressly prohibited. 6. The permit is issued contingent upon the adoption of a proposed amendment to the Zoning Ordinance listing sun tan studios as a special use in the C2 zone. 3 -11 -82 -2- Member introduced the following resolution and moved its adoption: RESOLUTION ION NO , RESOLUTION RELATING TO HENNEPIN COUNTY .MUNICIPAL COURT CASE DISPOSITION REPORTING PROCEDURES WHEREAS, complete :information on the disposition of court cases in the City of Brooklyn Center is essential to the effective administration of law enforcement; and WHEREAS, complete information on D.W.I. cases in the City of Brooklyn Center is of particular importance to efficient law enforcement in the City*; and WHEREAS, the City of Brooklyn Center believes that improvement in the case reporting system of the Hennepin County Municipal Court would better meet the needs of local law enforcement agencies. NOW, THEREFORE,, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Hennepin County Municipal Court is hereby requested to develop a comprehensive case disposition reporting system which will meet the needs of local law enforcement agencies in Hennepin County. 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 resolutions: was declared duly passed and adopted. i i { Member introduced.the following resolution and • moved its adoption RESOLUTION NO. RESOLUTION RELATING TO D.W.I. CASES IN THE CITY OF BROOKLYN CENTER WHEREAS, the enforcement of drunk driving laws is an important element of local law enforcement; and WHEREAS, local law enforcement agencies and prosecuting attorneys expend considerable "staff time in the enforcement and subsequent prosecution of drunken drivers; and WH EREAS there are many important ortant concerns and elements e nts within the criminal justice system; and WHEREAS, while economic considerations cannot be a primary concern, certainly they cannot be ignored; and WHEREAS, the 1981 level of fines levied against drunken drivers did not .come close to covering the cost of a local enforcement and prosecution system against drunken drivers NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Hennepin County Municipal Court is hereby requested to consider the costs of local law enforcement agencies and prosecutors related fines against to D.W.I. cases when levying g d runken drivers. Date Mayor ATTEST: Clerk f e foregoing o th The motion for the adoption g g resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A POLICY RELATING TO THE CITY PROSECUTOR WHEREAS, the City Council of the City of Brooklyn Center desires to establish a policy relative to the appointment of the City prosecutor and reporting requirements of case disposition within the criminal justice system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following policies are hereby adopted: 1. The City Council shall approve the appointment of all City prosecutors. The current City prosecutor,Ms. Cindy Lavorato, is hereby appointed as City prosecutor. 2. The City Manager's office shall review the qualifications and experience of prospective City prosecutor appointees and shall make a written recommendation to the City Council. 3. The City prosecutor shall, at least semi - annually, prepare and present a comprehensive case disposition report to the City Manager's office. 4. The City Manager shall review the prosecutor's case disposition report and shall present a written report of his review,at least annually,to provide the City Council with information to assess the effectiveness of the criminal justice system. 5. The City prosecutor shall,from time to time,submit reports to the City Managers office,or its designee,regarding progress on cases and the disposition of cases, including comments on the quality of police reports and the cooperation shown by the courts and other elements of the criminal justice system. Date Mayor i ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES ° OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN- THE - COUNTY OF'HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION. MARCH 11, 1982 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George -Lucht at 7:33 p.m. INTRODUCTION OF COMMISSIONER DONALD VERSTEEG Chairman Luc Ht then introduced Commissioner Donald Versteeg to the rest of the Planning Commission. Chairman Lucht explained that Commissioner Hager had resigned the Commission because he had moved from the community and that Commissioner Versteeg would take his place as liasion to the Central Neighborhood Advisory_Group. ROLL CALL Chairman_George Lucht, Commissioners Molly Malecki, Nancy Manson, Mary Simmons, Lowell Ainas, Carl Sandstrom and Donald Versteeg. Also present were Director of Planning and Inspections Ronald Warren, Assistant City Engineer James Grube, and Planning Assistant Gary Shallcross APPROVAL OF MINUTES - `February 11, 1982 Motion by Commissioner Sandstrom seconded by Commissioner Ainas to approve the minutes of the February 11, 1982 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas and Sandstrom. Voting against: none. Not voting: Commissioners Simmons and Versteeg, as they were not at that meeting. The motion passed. APPLICATION NOS. 82004 and 82009 (Brooklyn Development CompanX and Lombard Properties) Following the Chairman's explanation, - the Secretary introduced the first item of business, a request for preliminary R.L.S. approval to subdivide the land at the northwest corner of Freeway Boulevard and Shingle Creek Parkway into four tracts. 'The Secretary also re- viewed Application No. 82009, a request for a special use permit for off -site accessory parking on Tract C of the R.L.S. proposed in Application No. 82004 to provide ordinance required parking for developments on Tracts A and B of the same R.L.S ". The Secretary reviewed the information sheets for both applications (see Planning Commission Information Sheets for Application Nos. 82004 and 82009 attached). The Secretary also reviewed the provisions of Section 35 -701 of the City Ordinances. The Assistant City Engineer ex- plained for the Planning Commission the need for a new easement document for utility maintenance on the subject property and the need for as -built information on those utilities that have been installed. He recommended that such information be provided prior to final plat approval. Commissioner Simmons noted that Tract C of the proposed R.L.S. would be used only for parking for the developments on Tracts A and B . (Spec Bldgs. No. 10 and 11) She asked.whether Tract C would be enlarged when Tract D is developed. The Secretary answered in the affirmative. Commissioner Simmons asked - whether there would be a replat of the property again at that time. The Secretary answered 3 -11 -82 -1- that Tract C could be'included in the replat or that another off- site accessory parking lot could be established. Commissioner Simmons noted the restriction of off -site accessory parking to only one site per business. Commissioner Ainas asked what use is " contemplated upon Tract D., The Secretary answered that more in- dustrial buildings had been planned along with a hotel- restaurant Chairman Lucht called on the applicant to speak. Mr. Gene Tierney, representing both Brooklyn Development Company and Lombard Proper- ties, stated that he had nothing further to add. PUBLIC HEARING Chairman Luc Ht then opened the meeting for a public hearing for both the preliminary plat and the special use permit for off - site accessory parking. He asked whether-anyone present wished to comment on the applications. There being none,.he called for a` motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82004 (Brooklyn Development Company) Motion by Commissioner Manson seconded by Commissioner Malecki to recommend approval of Application No. 82004, subject to the fol- lowing conditions 1. The final plat is subject to review and approval by the City Engineer. 0 2.' The final plat is subject to the requirements of Chapter 15 of the City Ordinances. encumbered to provide parking encumb P 3. Tract .0 shall be legally P for development on Tracts A and B, such encumbrance to be filed with the final plat at the County prior to issuance of building permits for Spec. 10. 4. The performance guarantee submitted to ensure com- pletion of site improvements on Tract B, R.L.S. No.- 1537 shall be retained until completion of all parking lot improvements on the proposed Tract C are completed in accordance with approved plans and ordinance requirements. 5. Approval of the plat constitutes a waiver of the normal ordinance requirements of frontage on a public street for Tracts B and C in light of the cross access agreements governing all tracts within the proposed R.L.S. and Tract A of R.L.S. No. 1537. 6. The applicant shall enter into a standard utility maintenance agreement with the Engineering Depart - ment and shall provide as -built utility information • for City records prior to final plat approval. 7. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) 3 -1182 -2- shall be submitted prior to final'R.L.S. approval to assure the following: a) the regrading of the large amount of fill • located on the proposed Tracts C and D in accordance with the City Engineer's recom- mendation; b) the construction of a flowage way from Shingle Creek Parkway to Shingle Creek in a manner approved by the City Engineer; and c) said improvements to be completed by October 1, 1982. 8. The applicant shall provide an easement for storm sewer purposes across Tracts A, B and D, the location_ of which shall be approved by the City Engineer. 9. Building permits for Spec. 10 (approved under Planning Commission Application No. 80016) will not be issued until this proposed R.L.S. has been given final approval by the City Council and filed with the County. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82009 (Lombard Properties) Motion by Commissioner Malec 1 seconded by Commissioner Sandstrom to recommend approval of Application No. '82009, subject to the following conditions: 1. Parking stalls to be constructed on Tract C of the R.L.S. proposed under Application No. 82004 shall be legally encumbered to the sole use of Tracts B and A in amounts sufficient to meet the parking requirements of each, said legal encum- brances to be subject to review and approval by the City Attorney. 2. The performance guarantee submitted to ensure completion of site improvements on Tract B, R.L.S. No. 1537 (for Spec. 10 and the common parking lot) shall be held until completion of parking lot improvements on the proposed Tract C. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. APPLICATION NO. 82010 (Robert L.'Johnson) and Application Nos. 82011 and 82012 (Red Lobster) The Secretary then intro uced the next tree business items: a request for preliminary plat approval to subdivide the land presently described as Lot 1, Block 1, Piccadilly Pond Addition, 3 -11 -82 -3- located west*of Brooklyn Boulevard, north of Shingle Creek; a request for site and building plan approval to construct a 248 seat restaurant on the property located at 7235 Brooklyn Boulevard; and a request for special permit approval for off -site acces- sory parking on Lot 2, Block 1, of the proposed Red Lobster Addition (Application No. 82010). The Secretary reviewed the contents of the staff reports for each of the applications and highlighted information from a memo from the Assistant City ' Engineer (see Planning Commission Information Sheets for Appli- cation Nos. 82010, 82011 and 82012). The Assistant City. Engineer pointed out that the off -site acces- sory parking lot is adjacent to the floodway district within the Shingle Creek right -of -way. He stated that the plan shows no re- grading of the slopes within the floodway, but that if such re- grading were proposed, it would require a special use permit under the new Flood Plain Management Ordinance. Commissioner Manson noted that there were 73 stalls on the site of the restaurant itself. She asked whether this number included the triangle of land located in Brooklyn Park. The Secretary responded in the affirmative. Chairman Lucht called on the applicants to speak. Mr. Robert L. Johnson, the applicant on the plat application, stated that he had nothing further to add, that he could comply with the conditions recommended by the staff. Mr. Jerry Richards, representing Red Lobster, stated that there would be no problem meeting the re- quirements set forth by the staff. e Commissioner Sandstrom asked whether pedestrians crossing the private road would present a danger. Mr. Richards responded that he did not believe ;a problem would result since the roadway is only used by C.E.A.P. at present. PUBLIC HEARING Chairman Lucht opened the meeting for a public hearing. Commis- sioner Manson asked whether the off -site accessory parking would be used by C.E.A.P. for overflow parking. Mr. Ed Eide, Executive Director of C.E.A.P., stated that he is very much in favor of the -- proposed Red Lobster Restaurant. He doubted that the C.E.A.P. operation would make use of the Red Lobster parking to any great extent He pointed out that permanent curb and gutter would be installed along the private roadway as the property is developed adjacent to the-roadway. The Secretary explained that the private roadway leading to C.E.A.P. could not become a public roadway, because of setback deficiencies. Mr. Sam Jeffries of 7230 Perry Court East in the Creek Villas Townhouse Association stated that he felt the buffer between the parking lot and the townhouses was inadequate. He stated that lights and noise would filter across the Creek to the townhouses to the south. He also asked where the snow would be pushed, sug- gesting that to store the snow along the Creek bank might erode the soil there. The Secretary explained that the buffer requirement between a C2 use and an Rl, R2 or R3 use is 35 feet. He pointed` • out that the buffer in question is over 100 feet, since the Shingle Creek right -of -way itself is 100 feet wide. Mr. Jeffries com- plained about the likelihood of odors, coming from the Red Lobster 3- 11-82 -4- Restaurant. He stated that the ventilation system for the restaurant should use a scrubber as opposed to only a filter. He stated that scrubbers are much more effective in controlling odor than filters. The Assistant City Engineer stated that -the restaurant in question would be over 200 feet from the townhouse units in Creek Villa. He also stated that the restaurant would have to meet health codes to retain its food handlers license. The Secretary added that the City could not impose odor regulations more stringent than those required by the State. Mr. Jerry Richards of Red Lobster - stated that he felt the proposed filters would be adequate to handle the odors. Commissioner Simmons noted the concern regarding screening of the parking lot from along the south side. She stated that she also felt there should be opaque screening to block out headlights. The Secretary stated that no additional screening had been reeom- mended`by the staff because of the dense row of trees on either side of the creek within the Shingle Creek right -of -way. He stated that the Planning Commission could require more screening if it felt that the existing trees would be inadequate. Mrs. Bernice Jeffries, also of 7230 Perry Court East in Creek Villas, stated that she felt Creek Villas was a nice residential area and she stated that during the winter time it is very easy to see across the creek through the trees. Mr. Clyde Liveringhouse, of 7222 Perry Court East in Creek Villas, complained that the restaurant would definitely give off fish odors and he stated he opposed allowing those odors to come into the residential area. He stated that too much attention had been given to the parking lot a nd complained that 1 there are already too many . parking lots up and down Brooklyn Boulevard. CLOSE PUBLIC HEARING Chairman Lucht asked whether anyone else wished to speak on the appli- cation. No one else addressed the Commission. Chairman Lucht then called for a motion to close the public hearing. Motion by Commis - sioner Manson seconded by Commissioner Ainas to elose.the public hearing. The motion passed unanimously. Chairman Lucht asked for the reaction of- the'Planning Commission. Commissioner Manson and Commissioner Sandstrom both stated that they felt a solid screening device should be installed to block out headlights during the winter time when the trees along the creek would not be in foliage. Commissioner Simmons suggested that the screening device be four feet or higher. In response to a question from Chairman Lucht, the Assistant City Engineer stated that the plan presently provides for a k% slope and that staff recommend the slope be increased to 1 %, or a 1 foot grade change in 100 feet. Chairman Lucht stated ' that the slope of the parking lot is toward the creek and that the oars would be pointing downhill. Therefore, he said, it appeared the headlights won't be shining directly onto the townhouses across the creek. The Assistant City Engineer agreed and stated that the screening device should not have to be very high to block out the lights. Commissioner Simmons commented that staff's assumption that a wide greenstrip with trees would provide.screening was incorrect. She stated that a large greenstrip does not necessarily equal screening: There followed a lengthy discussion of appropriate 3 -11 -82 -5- screening of the-parking lot area. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82010 (Robert L. Johnson) Motion by Commissioner Manson seconded by Commissioner` Malecki to recommend approval of Application No. 82010, subject to the fol- lowing 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.. Lot 2 shall be encumbered to the sole use of the Red Lobster Restaurant on Lot 3, Block 1, Piccadilly Pond Addition for parking purposes, such encumbrance to be a perpetual-covenant running with the land until released by the City. 4. Final approval of the plat constitutes a waiver of the normal ordinance requirement for frontage on a public street for Lot 2 of the proposed Red Lobster Addition in light of existing cross access easements allowing access to the private roadway in Lot 2 of the Piccadilly Pond Addition. 'W / The applicant shall provide a restrictive covenant for each parcel in the plat providing that no structure be constructed within 15`feet and no parking constructed within 10 feet of the lot line abutting the "common drive" of Lot 2,.Block 1, Piccadilly Pond Addition. The applicant shall provide a driveway access from „✓" �� the proposed Lot 1 to the "common drive" directly `1 across from the Red Lobster driveway access established under Planning Commission Application No. 82011. Such access shall be constructed in conjunction with the "common drive" improvements comprehended under Planning Commission Application - No. 82011. -7. The applicant shall provide a financial guarantee (in an amount to be determined by the City Manager) to ensure the installation of a fire hydrant along T. H. 152 on the proposed Lot 1, said financial guarantee to be submitted prior to final plat approval. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Verstee g g . Voting against: none. The motion passed unanimously. Commissioner Simmons commented on the changes in the roof line and asked whether this was considered a consistent exterior treat- ment. The Secretary stated that he felt the exterior is fairly - uniform and that he does not see any false facades.for the structure. He stated that he felt the proposed exterior was certainly more uniform than that approved for the Carriage House building on 3- 11--82 _6- Freeway Boulevard. Chairman Lucht stated that he felt the theme of the building is carried consistently around the entire-structure. ACTION RRCOM10NDING APPROVAL OF APPLICATION NO. 82011 (Red Lobster) Motion by Commissioner Sandstrom seconded by Commissioner Malecki to recommend approval of Application No. 82011, subject to the follow- ing conditions: 1. Building plans are subject to review and approval a by g respect to the Building Official with p applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior.to the issuance of permits. 3. A site performance agreement and supporting financial determined b the City guarantee (in an amount to be deternu y 'o to the iss uance of 1 be submitted i r Manager) shall r g P permits to assure completion of approved site improvements. - - - 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately, screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An Y underground irrigation system shall be installed g g in all landscaped r t o facilitate site maintenance. areas as 7. Plan approval is exclusive of all signery °which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The kitchen equipment schedule and plumbing plans shall be subject to review and approval by the City Sanitarian prior to issuance of permits. 10. The parcel of land located in Brooklyn Park shall be legally encumbered to the sole use of the k restaurant for access off Brooklyn Boulevard and for parking accessory to the restaurant, said encumbrance to be a permanent covenant running with the land until released by the City of Brooklyn Center and filed with the property at the County prior to issuance of building permits. The document establishing this encumbrance shall be subject to review and approval by the City Attorney. 11. Plan approval is contingent on approval of Application No. 82012 for off -site accessory parking on. Lot 2, Block 1 of proposed Red Lobster•Addition, said 3 -11 -82 _7- property to be legally encumbered to the sole use of the Red Lobster Restaurant in the manner pre - scribed in Condition No. 10. 12� The applicant shall provide a restrictive covenant whereby it is agreed that no structures will be placed within 15 feet of the common drive nor will any parking be allowed within 10 feet of the common drive. " 1 13. Plan approval acknowledges proof -of- parking for R 14 additional parking spaces which shall be in E stalled upon a determination by the City that the parking installed according to the approved plan is inadequate. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. Commissioner Sandstrom asked whose responsibility it would be to maintain the private road. The Secretary answered that - it would be the responsibility of the property owners, not the City. Com missioner Sandstrom asked what would be done if the maintenance job were inadequate. The Assistant City Engineer stated that there is a document filed at the County with the Piccadilly Pond, which required that the maintenance be performed by C.E.A.P. with the expense shared by all properties having access to. the roadway. Commissioner Ainas suggested that a condition be added to the approval of Application No. 82012 requiring an investigation by staff of the glare caused by headlights during the winter season and requiring that screening shall be installed if this investi- gation proves that it is necessary. Commissioner Simmons stated that she would favor such a recommendation. She reiterated that staff should not confuse a large buffer with screening. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82012 (Red Lobster) Motion by Commissioner San2fstrom seconded by Commissioner Manson to recommend approval of Application No. 82012, subject to the following conditions: 1. The nand contained in Lot 2, Block 1 of the Red Lobster Addition shall be legally encumbered to the sole purpose of providing parking for the Red Lobster Restaurant located on Lot 2, Block 1 of Piccadilly Pond Addition prior to the issuance of building permits. 2. The special use permit is contingent upon an investigation by staff of the need for screening to block out glare from headlights south of the proposed parking area, said screening to be required if investigation proves such screening is necessary. Voting in favor: Chairman Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. 3- 11--82 -8- RECESS Tie 'P fanning Commission recessed at 9:47 pm. and resumed at 10:08 p.m. APPLICATION NO. 82013 (Keith Boyum) Following the recess, the Secretary introduced the next item of business, a request by Keith Boyum for a special use permit to operate a suntan studio in the Brookdale Office Tower at 2810 County Road 10. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application Ito. 82013 attached). The Secretary explained that if the State of Minnesota decides to license suntan studios and makes inspections, the City could forego the recommended inspections by the Sanitarian. He stated that staff feel the use is comparable to a health spa and should be subject to the special use permit restrictions. Commissioner Simmons stated that tanning is only a beauty treatment and there is really no health involved. She discounted the claims made in the applicant's letter about the beneficial effects of suntanning and stated that tanning can thicken the skin and lead to skin cancer and other disorders. The Secretary responded that if the use were considered a beauty operation there would be no review by the City since barber and beauty salons are a permitted use in the Cl and C2 Zoning Districts. Commissioner Simmons asked about the need for insurance in case of overexposure. Mr. Boyum stated that the State Commerce Department required them to be bonded and that the shop would be bonded. Commissioner Sandstrom stated that he was concerned that there were no showers available. He stated that this did not seem to be a clean procedure. The Secretary explained that fans blow off most of the heat, that heat is not the main product of the machines, but rather light. The Secretary explained that his concern was over the possibility of bacteria being brought in and transmitted as a result of people laying down on the plexiglass surface. He stated that the machines must be cleaned after each use. There followed a brief discussion regarding the installation of carpeting in the tanning booths. The Secretary stated that he would defer to the City Sanitarian the question of whether such carpeting is sanitary or whether tile floor should be required. Commissioner Simmons asked what qualifications were required for running the equipment. Mr. Boyum stated that no real training is needed, that the machines are turned off and on at the front desk by use of a timer. He stated that the maximum exposure in the first two sessions is 15 minutes and that the tanning process which they use is safer than the sun. In answer to Commissioner Sandstrom, Mr. Boyum stated that there is little perspiration associated with the tanning. He added that patrons are issued disposable slippers. Commissioner Versteeg asked how much time was spent cleaning the equipment after a tanning session. Mr. Boyum answered that it took about one minute to spray the plexiglass with a disinfectant, wipe clean, and repeat the process. Commissioner Malecki asked whether the tanning booths would be used on an appointment -only basis. Mr. Boyum answered in the affirmative. PUBLIC HEARING Chairman -Lucht then opened the meeting for a public hearing. Seeing 3 -11 -82 -9- _ a no one present to comment on the application, he called for a I motion to close the public hearing, CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Ainas'stated that he felt the special use permit category is appropriate to handle the proposed suntan operation. There followed a brief discussion regarding the frequency of in- spections. By consensus it was agreed that the inspections of the Sanitarian would be quarterly for at least the first year. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 8 2013 (Keith Boyum Motion by Commissioner A inas secondeF1 by Commissioner Sandstrom to recommend approval of Application No. 82013, subject to the follow - ing conditions: 1. The special`,use permit is issued to the applicant as operator the facility and is nontransferable. 2 The special use permit is subject to all codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The operation is subject to review and approval of the Sanitarian prior to the issuance of the special use permit. Inspection of the premises by the Sanitarian shall be conducted at least every three months to assure that the operation is being conducted in a clean, healthy and sanitary manner. The cost for such inspections shall be paid by the operator. 4. The operation shall be subject to any future licensing provisions that may be imposed by the State of Minnesota. 5. The Special Use Permit is issued for a sun- tanning operation and the offering of saunas, sauna bath, and massages as defined by City Ordinances is expressly prohibited. _6. The permit is issued contingent upon the adoption of a proposed amendment to the Zoning Ordinance listing suntan studios as a special use in the C2 zone. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. DISCUSSION ITEM DRAFT ORDINANCE REGARDING AMUSEMENT DEVICES Secretary reviewed with the Plannin The Se g Commission a recent Y draft of an ordinance regarding the ;licensing of amusement devices. He-asked the Planning Commission to review the draft and be pre - pared to take action at the March 25, 1982 Planning Commission meeting. 3-11'82 -10 By consensus it was agreed that the Planning Commission would hear two business items on its study meeting; Application Nos. 82008 (Bergstrom Realty Company) and 82014 (McDonald's). ADJOUPNMENT Motion by Commissioner Sandstrom seconded by Commissioner Manson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 11:19 p.m. Chairman 3 -11 -82 -11- Planning Commission Information Sheet Application No 82004 Applicant: Brooklyn Development Company Location 67th & Shingle Creek Parkway Request: Repla t The applicant requests preliminary plat approval of a proposed R.L.S. to subdivide into four tracts (A, B, C, D) the land presently described as Tracts B, C and D,. R.L.S. No; 1537. The land in question is bounded by Shingle Creek Parkway on the east, by Freeway Boulevard on the south, by the Shingle Creek right -of -way on the west, and by the MTC bus garage and Spec. Industrial Bldg. No. 9 on the north. The property is zoned I -1 and is vacant for the most part, except for Speculative Industrial Bldg. No. 11, located on the land to be designated Tract A. Tract B is the proposed site for Spec. Bldg. No. 10. Tract C is to be used for off -site accessory parking by surrounding developments and Tract D is a vacant tract with no firm development presently planned. The land areas of the respective tracts are as follows: Land Area Tract A 4.23 acres Tract B 4.44 acres _ Tract C 1.82 acres Tract D 24.22 acres Total 34.71 acres The proposed plat provides that there be a driveway easement along the north side of Tracts A and B so that vehicles delivering to the Spec. 9 Bldg. to the north may share common driveway space. Access to Tracts B and C, which have no frontage on public right -of -way, will be ensured by cross access easements filed with all properties contained in R. L. S. No. 1537 (which includes Spec. 9). A storm sewer easement is proposed extending westerly from about 67th Avenue North across Tracts A and B to the northwest corner of Tract D where the easement widens from 20' to 40' until terminating at the Shingle Creek right -of -way. Approval of the proposed R. L. S. should be contingent on completion of certain work sought by the Engineering Department. This work includes the filing of an easement document, submission of an as -built utility survey and construction of a drainage swale across Tract D. The Engineering Department also has concerns re- garding the regrading of soil on Tract D. The Planning Commission is referred to the attached memo for a discussion of these concerns. The plat, as submitted, is acceptable and approval is recommended, subject to at least 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 requirements rements of Chapter ter i5 of the City Ordinances. P 3. Tract C shall be legally encumbered to provide parking for develop- ment on Tracts A and B, such encumbrance to be filed with the final plat at the County prior to issuance of building permits for Spec. 10. { 4. The performance guarantee submitted to ensure completion of site improvements on Tract B, R. L. S. No. 1537 shall be retained until completion of all parking lot improvements on the proposed Tract C are completed in accordance with approved plans and ordinance requirements. 5. Approval of the plat constitutes a waiver of the normal ordinance re- quirements of frontage on a public street for Trac.ts Bad C in 1i t of the cross access agreements governing all tracts within the proposca R.L.S. and Tract A of R.L.S. No. 1537. 3 -11 -82 Planning Commission. Information Sheet Application No. 82009 Applicant: Lombard Properties Location: 6707 Shingle Creek Parkway Request: Special Use Permit The applicant requests special use permit approval to provide off -site accessory parking for Speculative Industrial Buildings No 10 and No. 11 These buildings were approved under Application No. 80016 on a single parcel of land, Tract B, R.L.S. No. 1537. The replatting sought under Application No. 82004 will essentially split most of the existing Tract B into three smaller Tracts, A, B, and C of a new R.L.S. Tract C of this new R.L.S. will provide parking to the developments on Tracts A and B. The total parking requirement for Spec. 10 as proposed is 154 stalls, and for Spec. 11 as proposed is 123 stalls. The approved plan for Application No. 80016 provided 78 parking stalls on the new site for Spec. 10 and 50 stalls on the new site for Spec. 11. This leaves a need of 76 off -site spaces for Spec. 10 and 83 off -site spaces for Spec. 11, or a total of 159 required off -site parking spaces on Tract C. Tract C, as proposed, could accommodate 233 parking spaces._ The intent of the applicant is to enlarge the central parking lot on Tract C as development proceeds on the surrounding land. Actual construction of the off -site accessory parking lot will not be undertaken until demand for additional parking requires it. Each structure in this complex will be placed on its own platted lot. Claim to necessary off -site accessory parking will be made through legal encum- brances filed with the property at the County. The documents which have presently been submitted for the City Attorney's review allocate 121 spaces in Tract C to Tract B and 112 spaces to Tract A. This allocation will allow for an excess of 45 stalls for Spec. 10 and and 29 parkin stalls.for Spec. 11. The excess stalls would parking p allow office use to reach as much as 22.6% in the Spec. 10 building and 19.8% in the Spec. 11 building. The City is presently holding a performance bond to cover improvements to both the Spec. 10 and Spec. 11 sites and for the area to be set up as an off -site accessory parking lot. This bond will not be released until either the work is completed or a n financial ew r ed. guarantee is submitted. 9 Based on the foregoing, it is recommended that the special use permit application be approved, subject to at least the following conditions: 1 Parking stalls to be constructed on Tract CGof the R.L.S. proposed under Application No. 82004 shall be legally encumbered to the sole use of Tracts B and A in amounts sufficient to meet the parking requirements of each, said legal encumbrances to be subject to review and approval by the City Attorney, 2. The performance guarantee submitted to ensure completion of site improvements on Tract B, R.L.S. No. 1537 (for Spec. 10 and the common parking lot) shall be held until completion of parking lot improvements on the proposed Tract C. 3 -11 -82 Planning Commission Information Sheet Application No. 82010 Applicant: Robert L. Johnson Location: 7223 Brooklyn Boulevard Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots,the land at 7223 Brooklyn Boulevard which is presently described as Lot 1, Block 1, Piccadilly Pond Addition. The new addition is to be known as Red Lobster Addition, Lot l of which will abut Brooklyn Boulevard on the east. Lot 2 will be landlocked, but will have access via the private road within Lot 2 of Piccadilly Pond Addition. Lot 2 of the proposed subdivision will be used for an off -site accessory parking lot (See Application No. 82012) for the proposed Red Lobster restaurant. The land areas of the parcels are: Lot 1: 61,402 s.f. 1.4096 acres Lot 2: 76,238 s.f. 1.7502 acres These land areas will meet the proposed standard of l acre minimum lots for com- mercial developments along major thoroughfares. The Shingle Creek right -of -way is contained within the subdivision. Much of the land within the proposed subdivision lies within the Flood Plain district (flood fringe north of Shingle Creek right -of- way). The parking lot proposed for Lot 2 is a permitted use within either floodway or flood fringe districts. A 15' wide drainage and utility easement is retained along the north side of the lots, adjacent to the private.roadway. Access to the private roadway on the C.E.A.P. property is guaranteed by previous plat documents. Approval of the plat is recommended subject to at least 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. Lot 2 shall be encumbered to the sole use of the Red Lobster Restaurant on Lot 3, Block 1, Piccadilly Pond Addition for parking purposes, such encumberance to be a perpetual covenant running with the land until released by the City. 3 -11 -82 'Planning Commission Information Sheet i Application No. 82011 Applicant: Red Lobster Location: 7235 Brooklyn Blvd. • Request: Site and Building Phan The applicant requests site and building.plan approval to construct a 248 seat restaurant on the property at 7235 Brooklyn Boulevard. The site in question is bounded by Dominick's Pizza restaurant to the northwest in Brooklyn Park, by the C.E.A.P. office to the west, by a private road belonging to the C.E.A.P.- property to the south, and by Brooklyn Boulevard to the northeast. The proposed restaurant will rely on an off -site accessory parking arrangement on a separate parcel south of the private roadway to meet ordinance parking requirements. The off -site parking property is zoned Cl. The restaurant site is zoned C2. Restaurants are permitted uses in the C2 zone. The site also incorporates a small triangular parcel of land in the City of Brooklyn Park. This parcel will provide access from Brooklyn-Boule- vard to the restaurant and will be used for parking and driving lane purposes. The parcel will have to be legally encumbered for the sole use of the principal site if this plan is to be accomplished. The proposed restaurant use, with 248 seats and 30 employees, is required to have 139 parking stalls.. The proposed plan provides 73 parking stalls on site and 63 stalls on an accessory off -site parking lot, for a total of 136. In addition, there are 14 proof -of- parking stalls on the restaurant property. The total of 150 stalls exceeds the ordinance requirement for the proposed use by 11 stalls. Landscaping for the site includes retention of seven existing trees to the east of the restaurant as well as the planting of new ones. New trees include four Radiant • Crab in front'of the building, two Imperial Honey Locusts west of the building. Birch clumps, Black Hills Spruce and Red Cedar are also scattered around the site. Smaller plantings include Globe Arborvitae, Hughes and Maney Junipers and Carpet Bugles. An irrigation system is noted. All green areas are to be sodded. Green strips adjacent to interior property lines are 5' in width. The greenstrip adjacent to the private roadway is over 50' as proposed, but would shrink to roughly 10' if the proof -of- parking stalls were added. The drainage pattern on the site is generally toward the accesses to the private roadway along the south side of the restaurant site. The Assistant City Engineer_ is not satisfied with the current grading plan in that too much water is drained overland and the grades on the accessory off -site parking lot are too flat. The details of the drainage plan need not be related here. It is only recommended that the Planning Commission attach to any motion for approval the standard condition making drainage and utility plans subject to review and approval by the City Engineer. The building exterior will be treated with vertical 'plywood siding over 8" concrete block. A 5' high mansard roof covered with regular asphalt composition shingles is carried around the entire building. Prominent among the buildings features is a two - storey tower treated with horizontal lap siding above the main entrance on the east side of the building. A canopy will cover a drop -off area in front of the main entrance. Sidewalks 5' in width surround the building on the east, north and west to help pedestrians reach the main entrance from outlying parking areas. Finally, a dumpster enclosure with a gate is located just inside the parking lot west of the building near the north property line. 3 -11 -82 -1- Application No. 82011 continued Altogether, the plan meets the basic requirements of the Zoning Ordinance and approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by.the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be.appropriately screened from view. 5. The building is to be equipped with an automatic fire ex- tinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The kitchen equipment schedule and plumbing plans shall be subject to review and approval by the City Sanitarian prior to issuance of permits. 10. The parcel of land located in Brooklyn Park shall be legally encumbered to the sole use of the restaurant for access off Brooklyn Boulevard and for parking accessory to the restaurant, said encumbrance to be a permanent covenant running with the land until released by the City of Brooklyn Center and filed with the property at the County prior to issuance of building permits. The document establishing this encumbrance shall be subject to review and approval by the City Attorney. 11. Plan approval is contingent on approval of Application No. 82012 for off -site accessory parking on Lot 2, Block 1 of proposed Red Lobster Addition„ said property to be legally encumbered to the sole use of the Red Lobster Restaurant in the manner prescribed in Condition No. 10. 3 -11 -82 -2- Planning Commission Information Sheet Application No. 82012 Applicant: Red Lobster Location: 7227 Brooklyn Blvd. Request: Special Use Permit The applicant seeks special use permit approval to establish an accessory off -site parking lot for the Red Lobster restaurant to be located at 7235 Brooklyn Boulevard. The parking lot will have 63 parking stalls and will be separated from the proposed restaurant by a nonpublic roadway owned by C.E.A.P. The property on which the parking lot is to be located is bounded by this private roadway on th north, by the C.E.A.P. property to the west, by Creek Villas townhouses to the south, and by a proposed vacant Cl property to the east (see plat Application No. 82010). Off -site accessory parking is a special use in the Cl, C2, I -1 and I -2 zoning districts and is permitted on institutional R1 properties as well. Under Section 35- 701.3(a) of the Zoning Ordinance, accessory off -site parking cannot occupy land which is located in a more restrictive zoning district than the principal use unless the buffer and setback requirements ertainin to the" rinci al use are met on the site of h P 9 p P the accessory parking lot. In this case, a C2 use such as the Red Lobster restaurant must have a 35' buffer strip..at its abuttment with Rl, R2 or R3 zoned property. The R3 zoned Creek Villas townhouses are buffered from the proposed parking lot by the 100' Shingle Creek right -of -way easement. Therefore, the parking for the restaurant can be authorized on the location proposed. Other requirements pertaining to the off -site accessory parking have been met (i.e. there are more than 20 spaces on the lot; all parking is within 800 feet of the principal use; the parking lot is not separated from the principal use by a major thoroughfare or street; the land is to be owned by Red Lobster and thereby encumbered • for its exclusive use). The parking lot is to be paved with hot mix bituminous and bounded by B612 concrete curb and gutter. The lot will drain to the southwest portion of the lot where a 12 storm drain will convey runoff to a 15" storm sewer line beneath the private roadway. A 2z" Imperial Honey Locust is proposed at the southeast and southwest corners of the accessory parking lot. Within the greenstrip along the private roadway, five Radiant Crab, three Black Hills Spruce and numerous Maney Juniper are proposed. Junipers are also to be located along the east and west edge of the parking area. A Colorado Blue Spruce is indicated at the west entrance to the parking area. Underground irrigation is indicated in all landscaped areas as per ordinance requirement. The proposed plan appears to meet the requirements of the Zoning Ordinance and it is recommended that the special use ermit be approved subject to approval of the site P PP J plan application and: PP 1. The land contained in Lot 2, Block 1 of the Red Lobster Addition shall be legally encumbered to the sole purpose of providing parking for the Red Lobster restaurant located on Lot 2, Block 1 of Piccadilly Pond Addition prior to the issuance of building permits. 3 -11 -82 • MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant DATE: March 19, 1982 SUBJECT: Handicap Accessibility Survey The Brooklyn Center Handicap Accessibility Survey was prepared in response to Section 504 of the Vocational Rehabilitation Act of 1973. Section 504 states that: "No otherwise qualified handicapped individual in the United States shall, coley by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to descrimination under any program or activity receiving Federal financial assistance." The City Council author- ized the Human Rights Commission to implement the 504 Program. The survey was approved as part of the 1981 Community Development program and was funded with Community Development funds. The survey was prepared by the National Handicap Housing Institute, Inc. in conjunction with the Brooklyn Center Human Rights Commission. In the survey the consultant surveyed all City owned and leased buildings and facilities including City parks and polling sites to determine their accessi- bility by handicapped individuals. The format of the report is a series of survey checklists, covering each facility, which indicate modifications needed for accessibility. On the survey for each facility a check mark indicates a violation of a state or federal building code with regard to handicap accessi - bility. Following the survey checklist form is a narrative explanation of the specific recommendations for modifications necessary to improve handicap accessibility for each facility surveyed. In addition to the recommendations the consultant has included a directory of hardware, equipment and appliances for barrier free design, including cost eFtimates and also where these items can be obtained. d As indicated in the Handicap Accessibility Survey it is not anticipated that all buildings and facilities will be brought immediately into compliance, rather the document will be used as a guideline as remodeling and upgrading of the facilities is required. The Brooklyn Center Human Rights Commission has reviewed the Handicap Accessi- bility Survey and has recommended the.report to the City Council. .1na •`� l ft�1 � t C,5h, .L• P Licenses to be approved by the City Council on March 22, 1982 � # BA KERY FOOD VEHICLE LICENSE n Good Earth Restaurant 5717 Xerxes Ave. N. • Sanitarian , BULK VE14DING MACHINE LICENSE Folz Vending Company 3401 Lawson Blvd. Red Owl- Country Store 3600 63rd Ave. N. Sanitarian FOOD ESTABLISHMENT LICENSE American Bakeries 4215 69th Ave. N. Farrell's Ice Cream Parlor 5524 Brooklyn Blvd. Frontier Fruit and Nut Co. Brookdale Center Rog & Jim's Superette 6912 Brooklyn Blvd. Smoke Pit Restaurant 5001 Drew Ave. N. A° Winchell's Donut House 36424 Valley View Ave. Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Jaycee Brooklyn Center Women Earle Brown School Y - Sanitarian MECHANICAL SYSTEM'S LICENSE Able Mechanical Services 6717 83rd Pl. Alaskan Air Conditioning 1200 Chestnut Ave. Allied Metalcraft Co. 1750 Thomas Ave. C.O. Carlson Air Conditioning 709 Bradford Ave. N. 0 nsolidated Plumbing & Heating 1530 E. Cliff Rd, ank's Heating & Air Conditioning 3107 California St. N.E. . Golden Valley Heating & Air Cond. 5182 W. Broadway Harris Mechanical Contracting 2300 Territorial Rd. Hayes Contractors, Inc. 1010 Currie Ave. Horwitz Mechanical, Inc. 1411 11th Ave S. Hutton & Towe, Inc. 217 VanBuren St. Northland Mechanical Contractors 7150 Madison Ave. W. Owens Service Coprorations 930 E. 80th St. Pierce Refrigeration 1920 2nd Ave. S. Pump & Meter Service, Inc. 2711 E. Franklin Ave., Quality Refrigeration Inc. llot W. 78 1/2 St. G. Sedgwick Heating & Air Cond. 1001 Xenia Ave. S. Standard Heating & Air Cond. 410 W. Lake St. Suburban Heating & Air Cond. 2050 Whitebear Ave. Superior Contractors, Inc. 6121 42nd Ave. N. Thompson Air Conditioning' 5115 Hanson Ct. Ray Welter Heating Company 4637 Chicago Ave. Yale, Inc. 3012 Clinton Ave. S. BuildirCof ficial NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest `-1189 Eagan Ind. Rd. Books Plus 5717 Xerxes Ave. N. Rog & Jim's Superette 6912 Brooklyn Blvd • Sanitarian READILY PERISHABLE FOOD VEHICLE LICENSE American Bakeries Co. 4215 69th Ave. N. Q/+� Sanitarian RENTAL DWELLING LICENSE Initial: Real Five Investments 6501 Brooklyn Blvd. Donald Byram 3724 58th Ave. N. Robert & Carol Schwebach 4500 65th Ave. N. Renewal: Marvin Garden Ltd. Marvin Garden Townhomes Clarence H. Isaacson 6801 Aldrich Ave. N. Gladys Trosen 7019 Dallas Rd. Charles Barnes 5001 Ewing Ave. N. Joon K. Kim 4811 Lakeview Ave. N. Reuben & Diane Ristrom, Jr. 6819, 21 Noble Ave. N. Robert Berglund 6833, 35 Noble Ave. N. H & Val J. Rothschild, Inca 5400 - 5422 Ponds Dr. H & Val J. Rothschild, Inc. 5426 - 5488 Ponds Dr. Omega Management Company 4806 Twin Lake Ave. Curtis Erickson 4809 -11 Twin Lake Ave. Robert Harenza 2926 53rd Ave. N. Lee Marwede 4700, 02 68th Ave. N. Bernard M. McDonough 4701, 03 68th Ave. N. Kathleen Griesser 1708 69th Ave. N. Director of Planning and Inspection SIGN HANGER'S LICENSE Lawrence Sign Company 945 Pierce Butler Rt. _`� � -. Nordquist Sign Company, Inc. 312 W. Lake St Building icial �p GENERAL APPROVAL: Gerald. linter, City.Clerk ,F