HomeMy WebLinkAbout1981 02-09 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
FEBRUARY 9, 1931
7 :00 P.M.
1. Call to Order
2. Roll Call
3. Invocation
4. Approval of Minutes - January 26, 1981
5. Open Forum
6. Presentation of Resolution Acknowledging Donation From Farmers and
Mechanics Savings Bank. Mr. George Scalia, Manager of the Brooklyn
Center branch of F & M, will be present to accept the Resolution.
7. Final Plat - Meriwether Restaurant Property RLS
8. Industrial Development Revenue Bond Policy Discussion (7:15 p.m.)
-Dave Kennedy, Bonding Attorney, will be present to answer any questions
the Council may have regarding IDR's.
9. Resolutions:
a. Establishing Street Improvement Project No. 1981 -02, Accepting City
Engineer's Report, Ordering Preparation of Plans and Specifications,
and Providing for Public Hearing Thereon: Shingle Creek Parkway
from County Road 10 to Interstate Highway 94.
b. Establishing Street Reconstruction Project No. 1981 -03, Accepting
City Engineer's Report, Ordering Preparation of Plans and
Specifications, and Providing for Public Hearing Thereon: Xerxes
Avenue from T.H. 100 to County Road 10, 55th Avenue North from
Xerxes Avenue to Brooklyn Boulevard, 56th Avenue North from Xerxes
Avenue to Brooklyn Boulevard.
c. Establishing Municipal State Aid Streets: 55th Avenue North from
Xerxes Avenue to Brooklyn Boulevard, 56th Avenue North from Xerxes
Avenue to Brooklyn Boulevard.
d. Establishing a City Purchasing Policy.
e. Expressing Recognition of and Appreciation for the Dedicated Public
Service of Mr. Daniel Erickson.
10. Planning Commission Items (8:00 p.m.):
a. Application No. 81010 submitted by Classic Electric Car Corporation
for determination that assembly of electric cars is a permitted use
in the I -1 zone. The applicant wishes to locate in the industrial
building at 6870 Shingle Creek Parkway. The Planning Commission
recommended approval of Application No. 81010 at its January 29, 1981
meeting.
CITY COUNCIL AGENDA -2- February 9, 1981
b. Application No. 81011 submitted by Youth Investment Foundation for
special use permit to use the single family residence at 4800 71st
Avenue North for office, counseling, and group meeting functions of
the organization. Approval would constitute a determination that
the YIF use is a noncommercial use required for the public welfare
in the R -1 district. The Planning Commission recommended denial of
Application No. 81011 at its January 29, 1981 meeting.
11. Approval of Fire Relief Association Investment
-It is recommended that a motion be made by the City Council approving
the Fire Relief Association purchase of $20,000 of General Motors
Acceptance Corporation bonds at 11 -5/8 coupon rate which matures June
1990 at 93.915. The cost is $18,783 and the accrued interest $322.92
for a total cost of $19,105.92. $35,000 of Commonwealth Edison Company
bonds at the coupon rate of 14% and due on January 15, 1991. It is
being purchased at $99 with a yield to maturity at 14.20. The cost is
$34,650 and the accrued interest is $190.56 for a total cost of
$34,840.56.
12. Discussion Items:
a. Planning for Brooklyn Center's 75th Anniversary
13. Licenses
14. Adjournment
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JANUARY 26, 1981
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7:03 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler,_Bill Fignar, Gene Lhotka, and
Celia Scott. Also present were City Manager Gerald Splinter, Director of
Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning
and Inspections Ron Warren, Park and Recreation Director Gene Hagel, City
Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative
Assistants Brad Hoffman and Tom Bublitz.
INVOCATION
The invocation was offered by Pastor Ringhiser of the Brooklyn Center Church
of the Nazarene.
APPROVAL OF MINUTES - JANUARY 12, 1981
There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar
to approve the minutes of the City Council meeting of January 12, 1981 as
submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none, the motion passed unanimously.
OPEN FORUM
Mayor Nyquist noted the Council had not received any requests to use the Open
Forum session at this evening's meeting. He inquired of the audience if there
was anyone present who wished to use the Open Forum session, there being none,
he proceeded with the regular agenda items.
APPOIN'T'MENT OF CONSERVATION COMMISSION CHAIRMAN
Councilmember Scott reported that she had no recommendations regarding the
Chair of the Conservation Commission noting that she had been in discussion with
Commissioner Jensen and Commissioner Albright regarding the Chair of the
Commission. She added, there are two openings on the Conservation Commission
and that she presently has no applications but that if anyone is interested,
they should direct their inquiries to either herself or Brad Hoffman.
Mayor Nyquist reported that at 2:00 p.m. on January 27, the Minneapolis
Chamber of Commerce will be holding a conference concerning metropolitan
transit and that any interested Council members can attend this meeting. He
also noted that he had received a copy of an ordinance recently prepared by
the City of Minneapolis regarding gold and silver buyers and was presenting it
to the Council for their information. The City Manager explained, the Police
Department staff is currently examining alternatives regarding the regulation
of gold and silver buyers in the area. He noted, the state legislature may
be addressing the problem this session which would provide regulation on a
state wide basis.
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RESOLUTIONS
Councilmember Kuefler noted the presence of Madeleine Roche at this evening's
meeting and requested that the resolution recognizing her public service be
moved up on the agenda.
RESOLUTION NO. 81 -21
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MADELEINE ROCHE
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
Councilmember Kuefler stated that he believed CEAP would not have prospered as
much without the leadership of Madeleine Roche and that over the years CEAP and
Madeleine have brought a great benefit to the City and its residents. Mayor
Nyquist stated he would like to add the Council's personal thanks to Madeleine
Roche for her leadership in the CEAP organization.
The City Manager introduced the first two resolutions on the agenda, one calling
for a public hearing on an industrial development revenue bond proposal from
Federal Lumber and the other calling for a public hearing on an industrial
development revenue bond proposal from Ryan Construction. He pointed out, the
proposal from Ryan Construction comprehends an office complex along Shingle
Creek Parkway directly across from the Civic Center and that the Federal
Lumber proposal involves the redevelopment of the Federal Lumber and President
Homes site. He added, the Federal Lumber proposal is accompanied by a site
and building plan which will be discussed later in the evening as a Planning
Commission item. He pointed out, Ryan Construction will have the site and
building plans prepared at the time of their public hearing. Administrative
Assistant Hoffman noted e i hearings would b
e set at the February ted the public Y
P g
1981 City Council meeting.
RESOLUTION NO. 81 -22
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION
474.01, SUBDIVISION 7b
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared, duly passed and adopted.
RESOLU NO. 81 -23
Member Gene Lhotka introduced the following resolution and moved its adoption:
I II
1 -26 -81 -2-
RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution establishing Diseased Shade Tree
Removal Project No. 1981 -01, approving specifications for Diseased Shade Tree
Removal Project No. 1981 -01, and directing advertisement for bids for Contract
No. 1981 -A.
RESOLUTION NO. 81 -24
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO.
1981 -01, APPROVING SPECIFICATIONS FOR DISEASED SHADE TREE REMOVAL IMPROVEMENT
PROJECT NO. 1981 -01 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1981 -A)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution accepting change order no. l to
Contract 1980 -F (traffic signal installation at Humboldt Avenue North and
Freeway Boulevard). He explained, this change order will accommodate a future
right turn lane for eastbound Freeway Boulevard traffic onto southbound
Highway 100.
RESOLUTION NO. 81 -25
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1980 -F (TRAFFIC SIGNALS
AT HUMBOLDT AVENUE NORTH AND FREEWAY BOULEVARD)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon.vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution approving supplemental agreements
nos. 3 and 5 to Contract 1980 -G (Shingle Creek Parkway and Humboldt Avenue
improvements). Councilmember Scott inquired why the changes were necessary
in the project. The Director of Public Works noted, in agreement no. 3,
changes in the paving on Humboldt P_venue and 65th are covered so that proper
drainage can be achieved. He explained, after the work in the field was
1 -26 -81 -3-
started, it was discovered that the drainage as stated in the plans would not
be workable and would have to be changed. He explained, in agreement no. 5,
due to inadequate information from old plans, the necessary changes were made
in the field.
Councilmember Lhotka inquired where the costs would be charged. The Director
of Public Works explained that the costs were City costs and that they were
chargeable to state aid. Councilmember Fignar inquired how the grade changes
came to be required. The Director of Public Works explained the plans were
not properly drawn and that this became apparent in the field. He added, the
cost increase because of the errors in the plans were only 1/3 of the added
costs, the remainder being due to inadequate information on drainage in the
area.
RESOLUTION NO. 81 -26
Member Bill Fignar introduced the following resolution and moved its adoptions
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENTS NOS. 3 AND 5 TO CONTRACT 1980 -G
(SHINGLE CRREK PARKWAY AND HUMBOLDT AVENUE NORTH)
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution approving contract for professional
services for orthophoto mapping and stated it is recommended the City complete
this second step of the aerial mapping program. He explained, this step
produces pictures on an accurate 1" equals 100' scale with a quality which can
be used to show existing conditions on many engineering plans. He noted,
these pictures also provide valuable information for use by the City Planning
Department and by the City Assessor.
The Director of Public Works explained, the horizontal distances on these
pictures can be measured accurately and they are very useful for engineering
and planning purposes. Councilmember Lhotka inquired what the cost was for
mapping last year. The Director of Public Works stated the entire City was
flown last year, plus the City had contour maps done for the northeast quadrant
of the City. He explained, no additional photos will be taken this year and
that the pictures taken last year will be enlarged to an accurate scale,
noting the cost for the mapping last year, including the flying, was $10,000.
RESOLUTION NO. 81 -27
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CONTRACT FOR PROFESSIONAL SERVICES FOR ORTHOPHOTO MAPPING
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none,, whereupon said
resolution was declared duly passed and adopted.
1 -26 -81 -4-
The City Manager introduced a resolution approving subdivision agreements
• with Dominion Development Corporation regarding replat of Tract B of RLS 1405.
He referred Council members to division 5 of the subdivision agreement on
pages 4 and 5 and pointed out this section was proposed by the developer. He
pointed out, division 5 provides that if 500 or more of the interest in a
tract of land is sold to persons other than the original owners or partners,
then advance payment of all special assessments on the tract shall be made
upon the sale. The Council discussed the general provisions of division 5 of
the subdivision agreement. The City Attorney explained that in the past, the
City did not require that special assessments be paid at the time of a land
sale. He noted, a few months ago the Council approved a policy requiring
assessments to be paid when the property is sold. He explained, this sub -
division agreement before the Council tonight proposes that advance payment
of assessments be made only if 500 of the ownership goes from the original
owners. The City Manager explained, this policy is a tool or choice to be
made by the City Council and it is a question of whether the City wants to
finance future owners of property in Brooklyn Center. If not, he pointed out,
then the City would require the assessments be paid at the first sale of the
property.
RESOLUTION NO. 81 -28
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SUBDIVISION AGREEMENTS WITH DOMINION DEVELOPMENT CORPOR-
ATION REGARDING REPLAT OF TRACT B OF RLS 1405
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
DISCUSSION ITEMS
REVISION OF FIRE RELIEF ASSOCIATION BYLAWS
The City Manager noted that the discussion item regarding the Fire Relief
Association bylaws was scheduled for 7:30 p.m. and that representatives from
the Fire Relief Association, Jim McClure and Jay Hruska, were present at this
evening's meeting. The City Manager explained that he and the Director of
Finance had been meeting with the Fire Relief Association for the past six
months regarding the changes in the Fire Relief Association bylaws. He referred
Council members to the memorandum from the Director of Finance regarding the
amendments to the Fire Relief Association bylaws.
The Director of Finance proceeded to review the recommended changes in the
Fire Relief Association bylaws for Council members and pointed out that, in
1967, a special bill was passed for the Fire Relief Association in Brooklyn
Center to run the pension through the City. He explained the legislature
requires the Council to approve the bylaw changes when they include changes
in pension benefits. He added, in 1979, the state no longer set the maximum
limit on pension benefits for retired firefighters. The Director of Finance
reviewed the recommended amendments, including an increase in the basic
monthly service pension at age 50 after 20 years service from $150 to $250
for firefighters active after December 31, 1980 and an increase in the basic
monthly service pension at age 50 after 20 years service by 33 -1/3% from $150
to $200 for firefighters inactive prior to January 1, 1981.
1 -26 -81 -5-
I
Councilmember Lhotka inquired when the last increase for pension benefits was
granted. The Director of Finance explained the last increase in the base
pension benefit was made in 1978 and increased the benefit from $125 to $150. •
The Director of Finance also reviewed other minor changes in the bylaws
unrelated to pension benefits. He noted, the state law requires the Mayor to
be the ex- officio member of the Fire Relief Association along with the City
Clerk, pointing out that this is a change in the law from when the Director of
Finance was eligible to be an ex- officio member.
_R ESOLUTION NO. 81 -29
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER` FIRE
DEPARTMENT RELIEF ASSOCIATION
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
Jim McClure representing the Fire.Relief Association thanked the Council for
their consideration of these amendments to the bylaws and also thanked the
Director of Finance and the City Manager for their assistance over the past
several months in preparing the amendments. _
RESOLUTIONS (CONTINUED):
The City Manager introduced a resolution awarding insurance contracts and
pointed out that as late as four years ago the insurance market began to
experience a lack of competition. He added, in 1977, the League of Minnesota
Cities, at the urging of local government, created the League of Minnesota
Cities Insurance Trust. The LMCIT, he noted, is a joint powers organization
governed by a board of city officials representing participating cities. He
explained, the League of Minnesota Cities Insurance Trust provided competition
in the insurance market and the staff believes this led to the lowering of the
City's insurance premiums. He explained, the LMCIT seemed to have an effect
on the insurance market but it does need support and the staff is recommending
the City award the insurance contract to the League of Minnesota Cities
Insurance Trust in order to maintain the needed competition and to provide
the best coverage for the least amount of dollars.
Councilmember Lhotka stated, the Council has shown an interest in this concept
in the past and that he agrees with the Director of Finance and the City
Manager in their recommendations and would like to see the Council participate
in the League of Minnesota Cities Insurance Trust. In the long run, he pointed
out, it will hopefully save money for Brooklyn Center residents. The Director
of Finance pointed out that Councilmember Lhotka worked with our state
representatives to assure that the League of Minnesota Cities Insurance Trust
had a chance to start. He also noted, the League of Minnesota Cities Insurance
Trust does not have liquor liability coverage and that the City will have to
seek this coverage with the Home Insurance Company through the Fred James Agency.
•
1 -26 -81 -6-
RESOLUTION NO. 81 -30
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AWARDING INSURANCE CONTRACTS
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The Director of Finance stated he would also request the Council to authorize
him to add an endorsement onto the League of Minnesota Cities Insurance Trust
proposal for public officials liability.
i
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to authorize the Director of Finance to add an endorsement on the
League of Minnesota Cities Insurance Trust proposal for public officials
liability. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none, the motion passed unanimously.
PUBLIC HEARING ON PROPOSED RE- ASSESSMENT OF IMPROVEMENT PROJECT 1978 -17 (WATER -
MAIN - BROOKDALE ESTATES)
The City Manger explained, the public hearing on the proposed re- assessment
constitutes the final action required to approve the negotiated settlement with
the owners of the Brookdale Towers Apartments and a resolution granting formal
Council approval for this re- assessment is provided for consideration by the
Council.
Mayor Nyquist opened the meeting for the purposes of a public hearing on the
proposed re- assessment of Improvement Project 1978 -17 and inquired if there
was anyone present in the audience who wished to speak at the public hearing
either for or against the proposed re- assessment. The City Attorney discussed
and reviewed the history of the project with Council members and noted he had
talked to Mr. Ryan, the attorney for Brookdale Towers, and that the proposed
re- assessment was agreeable to him and his clients. He noted the project
involves a watermain which was installed in 1978. Mayor Nyquist inquired if
there was anyone else present who wished to speak at the public hearing, there
being none, he entertained a motion to close the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler
to close the public hearing on,the proposed re- assessment of Improvement
Project 1978 -17. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously.
RESOLUTION NO. 81 -31
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION RE- ASSESSING WATERMAIN IMPROVEMENT NO. 1978 -17 ON LOT 3, BLOCK 1,
HORBAL ADDITION
1 -26 -81 -7-
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Ny Ton Kuefler, Bill Fi nar Gene Lhotka and
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Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM BYERLY'S
FOODS
Mayor Nyquist noted it was the appointed time on the agenda for the public
hearing on the industrial development revenue bond proposal from Byerly's
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Foods. The City Manager noted that the Planning Commission items at this
evening's meeting included the site and building plan review for Byerly's
Foods. He referred Council members to Administrative Assistant Hoffman's
memorandum regarding the staff review of Byerly's IDR.
Councilmember Kuefler noted that, in the site and building plan submitted,
there was the potential of between 72,000 and 90,000 square feet for the store.
He inquired what would be cut from thustore if i e built 00
q t were bu to the 72 0
square foot specifications as opposed to the 90,000. Mr. Jim Ryan, representing
Ryan Construction, the contractor for Byerly's noted that Byerly's Edina store
is 65,000 square feet while the St. Louis Park store is significantly larger
since it has many specialty shops in addition to the grocery store and the
restaurant. He explained, a final decision on the Brooklyn Center store re-
garding the specialty shops has not been made yet and this is why the option
is left open to go to the 90,000 square feet. Councilmember Lhotka inquired
whether the $10 million represents the total cost of the project. Mr. Ryan
explained it was and that an inflation factor is included in this $10 million
and that it is an outside figure which includes the specialty shops option.
Mayor Nyquist opened the meeting for the purposes of public hearing on the
industrial development revenue bond proposal from Byerly's Foods. He inquired
whether there was anyone present who wished to speak either against or for the
application. No one appeared to speak.
Councilmember Kuefler inquired of the staff whether the previous IDR proposals
have included the land costs in the total cost of the project. Administrative
Assistant Hoffman stated that all included the land cost in the cost of the
project except Cass Screw and Dale Tile. Except for Medtronic, he pointed out,
all applicants have asked for 100% financing but generally they must accept
less than 100% when they seek 100% financing from lenders. Councilmember
Fignar stated, it is apparent that the applicants of the IDR's in Brooklyn
Center will have equity in their projects when they are proposed. The City
Manager stated that this would generally be true but it depends on how they
arrange the financing with the mortgagor. Mr. Leonard Cham er representing
g � P P g
Juran & Moody, Inc., and Byerly's Foods, stated that the the amount of financing
is a function of credit. As an example, he pointed out, a company like 3M can
obtain 100% financing whereas a smaller developer can usually get between 80
to 85 %. He explained, larger corporations are usually able to obtain 100%
financing.
At the City Manager's suggestion, the Council concurred to defer action on the
Byerly's Foods IDR until after the Planning Commission item is presented.
1 -26 -81 -8-
PLANNING COMMISSION ITEMS '
• The City Manager introduced Planning Commission Applications Nos. 81001 and
81002 submitted by Federal Lumber. He pointed out, Application No. 81001 has
been submitted for site and building plan approval to construct a 49,056 gross
square foot office, warehouse and three accessory open storage sheds at 4810
North Lilac Drive. Application No. 81002, he stated, was for preliminary plat
approval to combine into one parcel all of the land occupied by the Federal
Lumber operation. He pointed out, redefinition of North Lilac Drive right -of-
way is involved and that the Planning Commission recommended approval of both
applications at its January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 2 through 6 of the minutes of the January 15, 1981 Planning
Commission meeting and also the Planning Commission information sheets pre-
pared for Applications 81001 and 81002.
The Director of Planning and Inspections reviewed the location of the site and
the site and building plan submitted by the applicant. He also reviewed for
Council members the proposal to vacate a portion of North Lilac Drive and
pointed out the Planning Commission recommended approval of Application No.
81001 subject to 14 conditions which he reviewed for Council members. He pointed
out', condtions 10 -a and 10 -b can be eliminated from the Council's consideration.
The Director of Planning and Inspections pointed out, the Planning Commission
recommended approval of Application No. 81002 subject to 5 conditions which he
reviewed for Council members.
The Director of Public Works reviewed for Council members the proposal to vacate
the portion of North Lilac Drive and stated the procedure would be to vacate a
portion of the roadway, grant a quit claim deed to the applicant, and dedicate
the necessary part of the right -of -way for a cul -de -sac.
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81002. He inquired if there was anyone present who wished to
speak to the application. No one appeared and Mayor Nyquist entertained a
motion to close the public hearing on Application No. 81002.
There was a motion by Councilmember Fignar and seconded by Councilmember
Kuefler to close the public hearing on Application No. 81002. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Fignar
to approve Application No. 81001, a request for site and building plan approval
to construct a 41,056 square foot office warehouse building and three accessory
open storage sheds at 4810 North Lilac Drive, subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
2. Grading, drainage, utility and berming plans are subject to review
• and approval by the City Engineer prior to the issuance of permits.
1 -26 -81 -9-
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 mechnical equip-
ment shall be appropriately screened from view.
5. All new buildings over 2,000 square.feet shall 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. Smoke detectors shall be installed in all accessory structures per
the direction of the Fire Chief.
7. An underground irrigation system shall be installed in all land-
scaped areas to facilitate site maintenance.
8. Plan approval is exclusive of all signery which is subject to
Chapter 14 of the City Ordinances.
9. B612 curb and gutter shall be provided around all parking and
driving areas used by the general public.
10. The applicant shall enter into a standard utility maintenance agree-
ment with the City.
11. Plan approval acknowledges the enlargement of the green strip •
adjacent to Highway 1.00 right -of -way to the ordinance required 15'
rather than the 5' which presently serves as boulevard for Lilac
Drive. The .rolled bituminous curb shall be replaced with B612 curb
and gutter at the new location.
12. The final plat shall be approved by the City Council and be filed
with the County prior to the issuance of building permits.
13. The plan approval acknowledges a "proof of parking" that meets the
ordinance requirements. If it is determined that the installed
parking proves inadequate, the City may require the installation of
any or all of the deferred parking indicated on the site plan.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and .
Scott. Voting against: none, the motion passed unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember
Kuefler to approve; Application No. 81002, a request for preliminary plat
approval to combine into one parcel all of the land occupied by Federal Lumber
and comprehending a redefinition of the North Lilac Drive right -of -way, sub -
ject to the following conditions:
1. The final plat is subject to-approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the
City Ordinances.
1 -26 -81 -10-
3. Prior to consideration by the City Council, the final plat shall be
modified to indicate a 90' diameter cul -de -sac at the southwest
corner of the site per City Engineer recommendations and the vacation
of the existing North Lilac Drive right -of -way.
4. The applicant shall grant the City a utility easement over the
existing North Lilac Drive and shall enter into a standard utility
maintenance agreement with the City.
5. The applicant shall grant the City an access easement over the middle
driveway leading to the parking area on the Highway 100 right -of -way
to allow City maintenance vehicles to turn around in said area.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar
to offer for first reading an ordinance vacating a portion of North Lilac Drive.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager introduced Applications Nos. 81003 and 81004 submitted by
Meriwether Restaurants, Inc. He explained, Application No. 81003 is for.site
and building plan approval to construct a 238 seat restaurant on the parcel
of land located at the southwest corner of Shingle Creek Parkway and Freeway
Boulevard and Application No. 81004 is for preliminary RLS approval establishing
new boundaries for the parcel of land at the southwest corner of Shingle Creek
Parkway at Freeway Boulevard after the highway taking. He added, the Planning
Commission recommended approval of Applications Nos. 81003 and 81004 at its
January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 6 through 9 of the Planning Commission minutes of the January 15,
1981 meeting and also the Planning Commission information sheets prepared for
Applications 81003 and 81004. He proceeded to review the location of the
subject parcel and reviewed a transparency of the site plan. He pointed out,
the Planning Commission recommended approval of Application No. 81003 subject
to 13 conditions which he reviewed for Council members.
There was a general discussion among Council members of the application and a
presentation of the building plans was made by Mr. Nelson, representing the
applicant. Mr. Nelson explained the anticipated opening date for the restaurant
is September 1, 1981. He explained, this will be the first Meriwether Restau-
rant in the metro area and noted there is now one restaurant in Detroit and
one in Chicago under construction.
Mayor Nyquist opened the meeting for the purpose of a public hearing on the
special use permit request on Application No. 81003. He inquired if there was
anyone, present who wished to speak to the application. No one appeared and
Mayor Nyquist entertained a motion to close the public hearing.
There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka
to close the public hearing on Application No. 81003. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none, the motion passed unanimously.
1 -26 -81 -11-
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott
to approve Application No. 81003, a request for site and building plan approval
and a special use permit to construct a 238 seat restaurant on the parcel of
land located at the southwest corner of Shingle Creek Parkway and Freeway
Boulevard and offering live entertainment, 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. The special use permit is issued to the applicant as operator of
the facility and is nontransferable.
5. The ermit is sub to all applicable codes ordinances re ula-
P J PP g
tions and violation thereof shall be grounds for revocation.
II ! 6. The special use permit acknowledges light live entertainment such as
P P g g
a piano player, guitarist, or roving minstrels for background music,
but does not comprehend bands, dancing, etc. which will require an
additional special use permit.
7. Any outside trash disposal facilities and rooftop mechanical equip-
ment shall be appropriately screened from view.
8. 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.
9. An Y underground irrigation system shall be installed in all landscaped
g
g
areas to facilitate site maintenance.
I
10. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
11. B612 curb and gutter shall be provided around all parking and driving
areas.
12. The plans shall be modified to indicate a fire hydrant at the easterly
entrance on Freeway Boulevard.
13. The plans shall comprehend a sidewalk to provide pedestrian access to
this site from adjacent sidewalks. The staff is directed to prepare
a report and recommendation to the City Council regarding whether the
City's sidewalk network should be expanded to include sidewalk along
the southerly Freeway Boulevard right -of -way.
1 -26 -81 -12-
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81004. He inquired if there was anyone present who wished to
speak to the application. No one appeared to speak and Mayor Nyquist enter-
tained a motion to close the public hearing.
There was a motion by Councilmember Lhotka and seconded by Councilmember
Kuefler to close the public hearing on Application No. 81004. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember
Kuefler to recommend approval of Application No. 81004, a request for preliminary
RLS approval establishing new boundaries for the parcel of land at the southwest
corner of Shingle Creek Parkway and Freeway Boulevard following highway taking,
subject to the following conditions:
1. The final RLS is subject to the approval of the City Engineer.
2. The final P_ls is subject to the provisions of Chapter 15 of the City
Ordinances.
3. Building permits will not be issued until the RLS is finaled and
filed with the County.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager introduced Application No. 81005 submitted by Lisa Rogers
Carter for a special use permit to conduct a home occupation in the basement
of the residence at 5308 Humboldt Avenue North. He noted, the Planning
Commission recommended approval of Application No. 81005 at its January 15,
1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 9 through 10 of the Planning Commission minutes of the January 15,
1981 meeting and also the Planning Commission information sheet prepared for
Application No. 81005. He reviewed the special use permit application and the
location of the subject parcel for Council members. He noted the Building
Official inspected the premises and noted that some electrical work had been
done without a building permit and that the work did not meet code. He stated
the staff is recommending that this be corrected before the application is
approved.
He indicated proper notices had been sent regarding the public hearing on the
special use permit and that the applicant was present at this evening's
meeting. He added, the Planning Commission recommended approval of the applica-
tion subject to 7 conditions which he reviewed for Council members. Council -
member Lhotka inquired whether it is standard procedures to require an exit as
one of the conditions for a business of this nature. The Director of Planning
1 -26 -81 -13-
I I
and Inspections stated that it was often required and that the Buildin g Official
may require the exit signs, adding that this can be added to condition no. 6
of the Planning Commission conditions.
Mayor Nyquist recognized the applicant who stated that the building permit for
the electrical work had been taken out and that she has obtained a bid for this
work
Mayor Nyquist inquired whether there was anyone else who wished to speak to the
application. No one appeared anO. he entertained a motion to close the public
hearing. There was a motion by Councilmember Scott and seconded by Council -
member Lhotka to close the public hearing on Application No. 81005. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar
to approve Application No. 81005, a request for a special use permit for home
beauty shop in the basement of the residence at 5308 Humboldt Avenue North,
subject to the following conditions:
1. The permit is issued to the applicant as operator of the facility and
is nontransferable.
2. The permit is subject to applicable codes, ordinances, and regulations
and violation thereof shall be grounds for revocation.
3. A copy of the applicant's current state operator's license shall be
kept on file with the City.
4. All parking associated with the special use shall be off - street on
space provided by the applicant.
5. The hours of operation p shall be limited to Monday through Friday, .
noon to 8:00 p.m. and Saturday 9 :00 a.m. to 4:00 p.m. Service shall
be provided on an appointment only basis.
6. The applicant shall install a fire extinguisher in the beauty shop
room and shall separate that room from other areas of the basement
with a curtain or door. An exit sign shall be posted indicating the
egress to the outside from the beauty shop room.
7. The applicant shall correct all remodeling and electrical work in
the basement area which does not meet code requirements prior to the
issuance of the special use permit.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager introduced Application No. 81006 submitted by Ryan Oldsmobile
for site and building plan and special use permit approval to construct a used
car sales office and a Mazda sales office connected to the existing sales
buildin g
b
I
y a canopy, at 6700 Brooklyn Boulevard. He noted, the Planning
Commission recommended approval of Application No. 81006 at its January 15,
1981 meeting.
1 -26 -81 -14-
The Director of Planning and Inspections presented and reviewed for Council
• members pages 10 through 11 of the minutes of the January 15, 1981 Planning
Commission meEuting and also the Planning Commission .information sheet prepared
for Application No. 81006.
The Director of Planning and Inspections reviewed for Council members the
location of the subject parcel and also the site and building plan proposed.
He noted, the Planning Commission held a public hearing on Application No.
81006 and that the proper notices had been sent regarding the special use
permit request.
The Director of Planning and Inspections pointed out that the Planning Commission
recommended approval of Application No. 81006 subject to 5 conditions which
he reviewed for Council members.
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81006 and inquired if there was anyone present who wished to
speak to the application. No one appeared to speak and Mayor Nyquist enter-
tained a motion to close the public hearing.
There was a motion by Councilmember Fignar and seconded by Councilmember Scott
to close the public hearing on Application No. 81006. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none, the motion passed unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka
to approve Application No. 81006, a request for a site and building plan and
PP Pp re q
special use permit approval to construct a used car sales office and a Mazda
sales office, each connected to the existing sales building by a canopy at
6700 Brooklyn Boulevard, subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official prior to the issuance of permits.
2. The two upper floors and the new sales offices shall be equipped
with an automatic fire extinguishing system in accordance with NFPA
standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
3. The special use permit as amended is issued to the applicant as
operator of the facility and is nontransferable.
4. The permit is subject to all applicable codes, ordinances, reaulations
and violation thereof shall be grounds for revocation.
5. Plan approval is exclusive of all signery which is subject to the
provisions of the Sign Ordinance.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
• The City Attorney left the table at 9:40 p.m.
1 -26 -81 -15-
The City Manager introduced Applications Nos. 851007 and 81008 submitted by
Ryan Construction /Byerly's Foods. He explained, Application 81007 was for site
and building plan approval to construct a 90,000 square foot food store with ,a •
200 seat restaurant at 6100 Shingle Creek Parkway, and Application 81008 was
for preliminary RLS approval to combine into two parcels the land north and
west of LaBelle's, north of John Martin Drive, east of Shingle Creek Parkway
and south of Summit Drive. He pointed out, the Planning Commission recommended
approval of Applications 81007 and 81008 at its January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 11 through 14 of the Planning Commission minutes of the
January 15, 1981 meeting and also the Planning Commission information sheets
prepared for Applications 81007 and 81008.
The Director of Planning and Inspections reviewed the location of the subject
parcel and also the proposed accesses to the site along with the grading and
landscaping plans for the project. He noted, the staff suggested the pre-
liminary plat account for the maximum square footage planned for the building
since it is relatively easier to scale down the project than it is to increase
it in size. He added, the Planning Commission recommended approval of
Applications 81007 and 81008 subject to conditions which he reviewed for
Council members.
He added, proper notices of the preliminary plat review have been sent and
that the applicant is present at this evening's meeting. __
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81007 and inquired if there was anyone present who wished to
speak to the application. No one appeared to speak and Mayor Nyquist enter -
tained a motion to close the public hearing.
There was a motion by Councilmember Lhotka and seconded by Councilmember
Kuefler to close the public hearing on Application No. 81007. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar
to approve Application No. 81007, a request for a site and building plan
approval to construct a 90,000 square foot food store with a 200 seat
restaurant at 6100 Shingle Creek Parkway, subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarnatee (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.
1 -26 -81 -16-
4. Any outside trash disposal facilities and rooftop mechanical equip-
ment shall be appropriately screened from view.
• 5. The building s to be equipped g q• peed with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
8. 8612 curb and gutter shall be provided around all driving and parking
areas.
9. Plan approval acknowledges a "proof of parking" meeting ordinance
requirements. Should it be determined in the future that installed
parking is insufficient to meet the public demand, the City may
require installation of additional parking stalls (or restriping)
to achieve the ordinance requirement of 623 spaces.
10. The proposed RLS shall have received final approval from the City
Council and filed at the County prior to the issuance of building
permits.
Voting in favor: Mayor Ny uist, Councilmembers Kuefler, Fi nar Lhotka and
q ,
9 ,
Scott. Voting against: none, the motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember
Kuefler to approve Application No. 81008, a request for preliminary RLS approval
to create two parcels of land west and south of LaBelle's, north of John Martin
Drive, east of Shingle Creek Parkway, south of Summit Drive, subject to the
following conditions:
1. The final plat is subject to the approval of the City Engineer.
2. The final plat is subject to the requirements of Chapter 15.
3. An easement across the northeasterly edge of Tract B shall be filed
with the final RLS to provide access from John Martin Drive to the
Byerly's store.
Voting in favor: Mayor N uist Councilmembers efler Fi n
Yq , Ku ar, Lhotka
9 , , and
Scott. Voting against: none, the motion passed unanimously.
CONTINUATION OF PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL
FROM BYERLY'S FOODS
Mayor Nyquist noted that the public hearing on the industrial development
revenue bond proposal from Byerly's Foods would be continued. Councilmember.
Lhotka requested to know why the Council set the original $6 million limit on
IDR's. The Director of Finance stated that at the time the Council set the
limit, the City was new to the area of IDR's and wanted to assess the experience
with them gradually. The City Manager pointed out that virtually all other
1 -26 -81 -17-
cities dealing with IDR's have abandoned such dollar limits and that essentially
the Council has traded the dollar limit for evaluating each project on its own
merit.
The City Attorney returned to the table at 9:50 p.m.
The City Manager pointed out, the staff believes the Council should judge each
project on its own merit, adding that interest rates have continued to remain
high which is the major reason why IDR's are virtually the only construction
occuring in the state in terms of commercial development.
Councilmember Lhotka stated he would request the Council to evaluate the status
of the City's involvement with IDR's at an upcoming meeting. The City Manager
stated, the staff would request some direction from the Council regarding those
IDR applications already under way. Councilmember Lhotka stated he would like
the Council to examine the current status of the IDR's but that this would not
necessarily imply placing conditions on granting future IDR's.
Councilmember Kuefler inquired of the applicant when the store would be opening.
The applicant stated the Byerly's store would be planned for opening in late or
middle 1983.
Mayor Nyquist inquired if there was anyone else present who wished to speak at
the public hearing, there being none, he entertained a motion to close the
public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to close the public hearing on the industrial development revenue bond proposal
from Byerly's Foods. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously.
RESOLUTION NO. 81 -32
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF
SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS-
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RECESS
The Brooklyn Center City Council recessed at 9:55 p.m. and reconvened at
10 :15 p.m.
CONTINUATION OF PLANNING COMMISSION ITEMS
The City Manager introduced Application No. 81009, submitted by Thomas Wilhelmy,
noting that this item was an appeal from the decision by the Director of Planning
and Inspections to accept an application for a special use permit to
1 -26 -81 -18-
construct a convenience store /gas station at the northeast corner of 69th and
Brooklyn Boulevard. He added, the property in question abuts R -1 zoned land
at a property line and across June Avenue North, conditions which prohibit a
gas station use on C -2 zoned property. The City Manager noted, the Planning
Commission recommended denial of the appeal at its January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 14 through 18 of the Planning Commission minutes for the
January 15, 1981 meeting and also the Planning Commission information sheet
prepared for Application No. 81009. He stated, the applicant is appealing
an action of the Director of Planning and Inspections and noted that the land
in question is zoned C -2 and its abutment to R -1 property means that a special
use permit could not be permitted under the provisions of the zoning ordinance.
The Director of Planning and Inspections reviewed the subject parcel for
Council members and noted the appeal of the applicant is on two counts, one
being that the secretary of the Planning Commission does not have authority
to refuse to accept an application for a special use permit, the other being
the interpretation of the zoning ordinance made by the Director of Planning
and Inspections. Regarding the first point in the applicant's appeal, the
Director of Planning and Inspections noted there is no law prohibiting the
action of denying an application by the Director of Planning and Inspections.
He pointed out that to be required to accept any and every application which
must ultimately be denied by the City Council, absent a change in the Zoning
Ordinance, would place an unreasonable burden on the Planning Commission, City
Council, and even the applicant. He added that one basic requirement before
an application can be accepted is compliance of the use itself to the
restrictions in the ordinance. He noted the Planning Commission and City
Council have upheld a similar decision to not accept an application under
Planning Commission Application No. 79037 submitted by Howe Fertilizer. He
added that in cases where the interpretation of the Zoning Ordinance is the
first and foremost question to be resolved, the appropriate procedure for
resolution is the appeal process.
Regarding the second point of the applicant's appeal, he noted the applicant
is contending that the project proposed by the application is a store, not a
service station, and thus is a permitted use in the C -2 zone. He stated, the
staff position is that the definition in the Zoning Ordinance encompasses a
combination service station /convenience store as a service station subject to
the conditions and restrictions imposed. The applicant, he pointed out, states
that in order to be classified as a service station, the business must offer
such items as battery, tire and other similar services which the proposed
business in Application 81009 will not be providing. He pointed out, the staff
would contend that the inclusion of these type of activities in the service
station definition are an option and would not be a necessary function of a
service station. He noted that the City has always treated the retail sale of
gasoline as a special use, whether it was in conjunction with the service and
repair of motor vehicles; whether it was in conjunction with the sale of food
or other items such as O.K. Tire, SuperAmerica, 7- Eleven, Q Petroleum; or as
an activity by itself such as at the old Shoppers City Gas Station or Pyramid
Gas Station. He pointed out that additions or alterations must conform to the
Zoning Ordinance requirements and to the conditions specified in Section 35 -111
regarding nonconforming uses. He noted that the existing Q.K. Tire is a
nonconforming use because it abuts residentially zoned property and, therefore,
cannot be expanded to occupy a greater land area or moved to any other part of
the parcel of land on which it occupies. He stated that the end result of the
1 -26 -81 -19-
applicant's proposal, provided a rezoning was granted, would result in a service
station abutting R -1 zoned property at a street line, and possibly at a property
line, which is not allowed by the Zoning Ordinance and, thus, the application
was not accepted.
The Director of Planning and Inspections noted there was a lengthy discussion
concerning the application at the January 15, 1981 Planning Commission meeting
and that the Planning Commission unanimously recommended denial of the
applicant's appeal. He noted there was no public hearing required for this
application but that the applicant was present this evening.
Councilmember Fignar inquired whether the proposed facility in the application
was similar to the SuperAmerica station at 57th and Logan. The Director of
Planning and Inspections stated the proposed station would be similar to the
SuperAmerica station.
Mayor Nyquist recognized Mr., Tom Wilhelmy, the attorney representing the
applicant. Mr. Wilhelmy stated his client was seeking to develop a Western
store on the corner of 69th and Brooklyn Boulevard and that the proposed store
is nlike a SuperAmerica o' i that these stations have a
u Sup r r Holiday Station in t o e
larger line of products, whereas his client concentrates on food and apothecary
items. He explained, the proposed site is a busy area and could not be
considered a quiet residential area. Mr. Wilhelmy reviewed the current uses
on the site including O.K. Tire, a flower shop, and a TV repair business. He
noted the estimated market value of the proposed Western store would be between
$250,000 and $300,000 and that the projected taxes would be $9,000 or approxi-
mately three times the current amount realized from that site.
He explained, there are essentially three issues involved in his appeal, the
first being that no authority is given to the Director of Planning and
Inspections to reject an application and that the state enabling act vests
this power with the City Council. He stated, the second point of.his appeal
involves the question of whether the proposed use constitutes a service
station. He noted the definition of the service station in the Zoning Ordinance
discusses the problems and concerns'of service stations in that they are very
noisy places of business usually with cars to be repaired standing outside
the service station building. He reviewed the case of Minneapolis vs.
Southland Corporation and pointed out, the court, in this case, found that
the 7- Eleven store did not constitute a service station simply because it had
gas pumps and that the City could not prevent a 7- Eleven store from having
gas pumps. He noted the Western store is not a traditional service station
and that his client's use falls into the automotive sales area but not into
the traditional service station functions in that no cars would be waiting
outside to be repaired, since there would be no repair work performed on the
site. He noted, redevelopment of this parcel would be an asset to the City
and would provide a needed service. The third point of his appeal, he pointed
out, dealt with nonconforming uses. He noted Section 35 -414 subsection 11 of
the Zoning Ordinance dealt with nonconforming use and that it recognizes a
particular problem with automobiles and added that Section 35 -414 conflicts
with Section 35 -111. He stated, the focus of the Zoning Ordinance is on uses
of the property and not of the products sold thus the restrictions on a
traditional service station should not be placed on the project proposed by
his client.
1 -26 -81 -20-
Councilmember Fignar inquired whether the SuperAmerica Station at 57th and Logan
abuts an R -1 zone and was this a precedent setting case. The City Attorney
noted that, in the SuperAmorica application, both the City and the applicant
agreed the use was a service station and that the argument arose regarding
whether the station fronted on Logan or 57th. He stated, this situation has no
bearing on the matter before the Council this evening. He added, the kind of
merchandising the applicant refers to occurs at other sites throughout the City
and they are classified as service stations. The Director of Planning and
Inspections pointed out that after the SuperAme.r.ica case, the current Section
35 -414 of the Zoning Ordinance was put in to address the situation where a
service station would abut an R -1 zone. Councilmember Fignar stated he does
not view this proposed project as significantly different than the 57th and
Logan situation. He stated his concern about the project would be related to
light splash from the proposed store, potential traffic problems within the
site and hours of operation. Mayor Nyquist recognized Mr. Wilhelmy who - pro-
ceeded to review the proposed site plan of the Western store for Council members.
Councilmember Kuefler requested the City Attorney to comment on the action of
the Director of Planning and Inspections not accepting the application. The
City Attorney stated, there is no specific language in the Zoning Ordinance
addressing this situation but that the state law says an administrative decision
can appealed by an applicant. He added, when an application is submitted
which does not fit into the ordinance, the Director of Planning and Inspections
has two choices, one of which is to reject the application and the other is to
bring forward the applicant's program and attempt to work it into the ordinance,
to make it appear to fit into the ordinance, thus making it something it is not
in reality. The City Attorney noted that the Director of Planning and Inspec-
t:ions method is the former, that of rejecting the application, and is the most
straightforward approach to the problem. He stated he does not believe the
Director of Planning and Inspections acted wrongfully in this situation,
particularly in light of the fact that the matter is before the Council regarding
the ordinance interpretation. He added that the ordinance may be due for an
amendment. Councilmember Kuefler inquired whether the Council's past actions
on these types of projects would act as a clarifier of the ordinance in this
case. The City Attorney explained the Council has classified similar operations
as service stations in the past and that these actions would tend to clarify
the ordinance. Councilmember Scott stated she would view the operation as a
gas station particularly in consideration of the amount of gallons allocated
to the applicant. She added, she would support the Planning Commission's
recommendations pointing out that the primary function of this project would
be dispensing gas.
Mayor Nyquist recognized Mr. Wilhelmy who addressed the Council and stated he
does not believe an ordinance change is necessary in this situation when he
feels the current ordinance would permit his client's project. The City
Attorney noted that, regarding the definition of a service station, it should
be done by an ordinance change and not by defining this particular project
differently than the Council has defined service stations in the past.
Mayor Nyquist inquired what the Council's wishes were on this item and there
was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
1 -26 -81 -21-
uphold the Director of Planning and Inspections' decision on Application 81009
and noting that the motion is made with regard to the following three points.
1. The Secretary does have authority not to accept an application that
does not comply with the Zoning Ordinance.
2. The proposed use is a gasoline service station as defined by the
Zoning Ordinance and approval of a special use would be a zoning
violation.
3. The existing gasoline service station is not exempt from the non -
conforming use provision of Section 35 -111 prohibiting the use from
being moved to another part of the parcel of land or to be expanded
beyond its existing premises.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott.
Voting against: Councilmember Fignar, the motion passed.
RESOLUTIONS CONTINUED
RESOLUTION NO. 81 -33
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BROOKLYN
CENTER AND SUBURBAN COMMUNITY SERVICES
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 81 -34
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF LITTER RECEPTACLES
i
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 81 -35 °
Member Bill Fignar introduced the following resolution and moved its adoption:
.RESOLUTION ACCEPTING BID FOR SELF- PROPELLED LINE MARKING MACHINE
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
I I
1 -26 -81 -22-
RESOLUTION NO. 81 -36
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF ALUMINUM STREET SIGNS
41 The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO 81 -37
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACKNOWLEDGING DONATION FROM FARMERS AND MECHANICS SAVINGS BANK
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against, the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 81 -38
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ENDORSING AND SUPPORTING THE MINNESOTA RIDESHARE PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a handout resolution authorizing the City Engineer
to retain the service of Soil Testing Services of Minnesota, Inc. for sub-
surface soil analysis on Xerxes Avenue North and 63rd Avenue North.
RESOLUTION NO. 81 -39
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY ENGINEER TO RETAIN THE SERVICES OF SOIL TESTING
SERVICES OF MINNESOTA, INC. FOR SUBSURFACE SOIL ANALYSIS ON XERXES AVENUE NORTH
AND 63RD AVENUE NORTH
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
1 -26 -81 -23-
DISCUSSION ITEMS CONTINUED
REVOCATION OF PRELIMINARY IDR APPROVAL FOR DALE TILE
The City Manager referred Council members to a memorandum from Administrative
Assistant Hoffman dated January 22, 1981 which addressed this item. He stated,
the staff is recommending that Dale Tile pay the entire $2,000 application fee.
Councilmember Kuefler inquired whether the applicant was aware of the $2,000
fee at the time of the application. Administrative Assistant Hoffman stated
the applicant was aware of the $2,000 fee. Councilmember Kuefler suggested
indicating the full fee to the applicant but only charging for the actual
expenses incurred by the City related to this application. Administrative
Assistant Hoffman pointed out, the City Attorney's fees will be in addition to
the $2,000. The City Manager suggested authorizing the staff to bill the
current City expense and also to rescind the preliminary approval for the IDR
since Dale Tile has failed to pursue this project since receiving their
preliminary approval.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to authorize the staff to bill Dale Tile for the current City expenses
incurred for the industrial development revenue bond application of Dale Tile
and also to rescind approval of the industrial development revenue bond
proposal from Dale Tile. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed
unanimously.
PRELIMINARY REVIEW OF THE 1981 PUBLIC IMPROVEMENT PROGRAM
The Director of Public Works noted that the purpose of this preview is to
advise the Council that the Public Works Department is working on preliminary
reports and designs covering these projects and that they invite any comments
regarding the projects. The Director of Public Works proceeded to review
and show transparencies of the various public improvement projects proposed
for 1981 including, Shingle Creek Parkway - County Road 10 to I -94 geometric
improvements, reconstruction of Xerxes Avenue between County Road 10 and
T.H. 100, 55th Avenue from Xerxes to Brooklyn Boulevard and 56th Avenue from
Xerxes to Brooklyn Boulevard, .reconstruction of 63rd Avenue North from Brooklyn
Drive to Beard Avenue, neighborhood park improvements, and 51st Avenue water
and sanitary sewer installation, west of Twin Lake Boulevard.
1981 LEGISLATIVE PROGRAM
The City Manager referred Council members to a memorandum from Administrative
Assistant Hoffman reviewing four major areas of concern with regard to
legislative proposals for 1981, including establishment of a municipal speed
limit, fire sprinkler statutes, 73rd and the River Road improvements, and the
energy conservation program. The City Manager also reviewed prospects for
1981 state aids pointing out that the Governor will likely recommend no
increase in the state aids. He added, other bills such as amendments to the
tax increment financing law will likely limit the law's flexibility. He noted
that, with regard to data privacy regulations, there will likely be changes
made in those laws by the 1981 legislature.
GAMBLING LICENSES
The City Manager noted, the -City had received two applications for gambling
licenses, one from the American Little League Baseball Program and the other
from Orchard Lane Parent - Teachers Association.
1 -26 -81 -24-
There was a motion by Councilmember Lhotka and seconded by Councilmember
Kuefler to approve a Class B gambling license or the American Little ea
p� g� g l c o f h r L eague
Baseball Program. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none, the motion passed
unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember
Scott to approve the waiver of a $10,000 fidelity bond on the Class B gambling
license for the American Little League Baseball Program. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember
Lhotka to approve the application for a Class A gambling license from the
Orchard Lane Parent- Teacher Association. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none,
the motion passed unanimously.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to approve the waiver of the $10,000 fidelity bond for the Class A
gambling license for the Orchard Lane Parent - Teacher Association. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none, the motion passed unanimously.
LICENSE
There was a motion by Councilmember Lhotka and seconded by Councilmember
Scott to approve the following list of licenses:
BAKERY FOOD VEHICLE LICENSE
Good Earth Restaurant 5717 Xerxes Ave. N.
CATER VEHICLE L
Brooklyn Center Community Center 6301 Shingle Creek Pkwy.
CIGARETTE LICENSE
Miernik Vending 7251 Commerce Circle
Hiawatha Rubber 1700 67th Ave. N.
FOOD ESTABLISHMENT LICENSE
Baskin Robbins - 31 Flavors Brookdale Shopping Ctr.
Big -Bi Service Station 5710 Xerxes Ave. N.
Bridgeman Creameries 8151 Normandale Blvd.
Bridgeman's 1272 Brookdale Shopping Ctr.
Bridgeman's 6201 Brooklyn Blvd.
Brook Park Baptist 4801 63rd Ave. N.
Brookdale Christian Center 6120 Xerxes Ave. N.
Brookdale Christian Center 6030 Xerxes Ave. N.
Brookdale Covenant Church 5139 Brooklyn Blvd.
Brooklyn Center Baptist Church 5840 Humboldt Ave. N.
Brooklyn Center Community Center 6301 Shingle Creek Pkwy.
Brooklyn Center Country Boy 4401 69th Ave. N.
Brooklyn Center High School 6500 Humboldt Ave. N.
1 -26 -81 -25-
Burger King 6110 Brooklyn Blvd.
Chuck Wagon Inn 5720 Morgan Ave. N.
C.E.A.P. 7231 Brooklyn Blvd.
Country Club Market 5715 Morgan Ave. N.
Cross of Glory Church 5940 Ewing Ave. N.
Dayton's 1100 Brookdale Shopping Ctr.
Donaldson's 1200 Brookdale Shopping Ctr.
Earle Brown Bowl 6440 James Circle
Earle Brown Elementary School 5900 Humboldt Ave. N.
Evergreen Park Elementary School 7020 Dupont Ave. N.
Faith Community Church of God 6630 Colfax Ave. N.
Food Enterprises, Inc. 1200 Multifoods Bldg.
Hickory Farms Brookdale Shopping Center
Mr. Stuart Ackman 100 N. 6th St.
Good Earth Restaurant Westbrook Mall
Happy Dragon Restaurant 5532 Brooklyn Blvd.
Harron United Methodist Church 5452 Dupont Ave. N.
Holiday Inn 1501 Freeway Blvd.
Independent School Dist. #279 317 2nd Ave. N.W.
Willow Lane School 7020 Perry Ave. N.
Lutheran Church of the Master 1200 69th Ave. N.
Lynbrook Bowl, Inc. 6357 North Lilac Drive
McDonald's 5525 Xerxes Ave. N.
Northbrook Alliance Church 6240 Aldrich Ave. N.
Northport Elementary School 5421 Brooklyn Blvd.
L.G. Inc. 1330 West County B
Orange Julius of Brookdale 1396 Brookdale Shopping Ctr.
J.C. Penney Co., Inc. 1265 Brookdale Shopping Ctr.
Perkins Cake & Steak, Inc. 5915 John Martin Drive
Plitt Brookdale Theather 2501 County Road 10
Service Systems Corp. Soo Line Bldg.
N.W. Bell 5910 Shingle Creek Pkwy.
Servomation Corp. 7490 Central Ave. N.E.
Medtronics Earle Brown Drive
Medtronics 6700 Shingle Creek Pkwy.
7- Eleven 1500 69th Ave. N.
Smoke Haus 5001 Drew Ave. N.
St. Alphonsus Church 7025 Halifax Ave. N.
Thrifty Scot Motel 6445 James Circle
F.W. Woolworth, Inc. 1212 Brookdale Center
GAMBLING LICENSE
Brooklyn Center Am. Little League 2919 64th Ave. N.
Orchard Lane School PTA 6201 Noble Ave. N.
NONPERISHABLE VENDING MACHINE LICENSE
Howard Baurermeister 5809 Boone Ave. N.
Pizza Factory 6816 Humboldt Ave. N.
Bill's Juice Vending 3900 Beard Ave. S.
Holiday Inn 1501 Freeway Blvd.
Marc's Budgetel 6415 James Circle N.
1 -26 -81 -26-
Bill's Vending Service 7317 West Broadway
Brooklyn Center Skelly 6245 Brooklyn Blvd.
Bond Tool and Die Co. 6840 Shingle Creek Pkwy.
. Bonine Vending 125 River Edge Way
Brookdale Towers 2810 County Road 10
Cat Pumps Corp. 1600 Freeway Blvd.
Consumer Vending Co. 2727 26th Ave. S.
Federal Lumber 4810 North Lilac Dr.
Cook Paint 4800 North Lialc Dr.
Country Club Market 5715 Morgan Ave. N.
Earle Brown Bowl 6440 James Circle
Gold Medal Beverage Co. 553 North Fairview Ave.
Duane's OK Tire 6900 Brooklyn Blvd.
Hi -Lo Manufacturing 6520 James Ave. N.
North Star Dodge 6800 Brooklyn Blvd.
Northport School 5421 Brooklyn Blvd.
Snyder Bros. Drug Brookdale Shopping Ctr.
Warner Hardware 2105 57th Ave. N.
Johnny's Inc. 6846 Brooklyn Blvd.
Pilgrim Cleaners 5748 Morgan Ave. N.
Lynbrook Bowl, Inc. 6357 North Lilac Dr.
Midwest Screw Products 3410 48th Ave. N.
Midwest Vending Co. 2212 West 94th Street
Brookdale Chrysler Plymouth 6121 Brooklyn Blvd.
Miernik Vending 7251 Commerce Circle
Hiawatha Rubber 1700 67th Ave. N.
Minnesota Fabrics 5712 Morgan Ave. N.
Precision, Inc. 3415 48th Ave. N.
Ralph's Super Service 6601 Lyndale Ave. N.
Saber Dental Studio 6800 Shingle Creek Pkwy.
Theisen Vending Co. 3804 Nicollet Ave. S.
Bill West 2000 57th Ave. N.
Thrifty Scot Motel 6445 James Circle
PERISHABLE VENDING MACHINE LICENSE
Apple -A -Day, Inc. Route 4, Box 18
Brooklyn Center High School 6500 Humboldt Ave. N.
Bill's Juice Vending 3900 Beard Ave. S.
Marc's Budgetel. 6415 James Circle
Bonine Vending Co. 125 River Edge Way
Brookdale Towers 2810 County Road 10
Earle Brown Bowl 6440 James Circle
Miernik Vending 7251 Commerce Circle
Hiawatha Rubber 1700 67th Ave. N.
RENTAL DWELLING LICENSE
Initial:
Bruce & Twyla Van Beusekom 4913 Beard Ave. N.
Charles Q. Hillstrom 6527 Drew Ave. N.
John S. Tschohl 6912 Morgan Ave. N.
Raymond & Grace Harr 6406 Scott Ave. N.
Clarence & Irene Fransen 4204 69th Ave. N.
1 -26 -81 -27-
Renewal:
Gary Scherber 4708 Lakeview Ave. N.
William & Dorothy Goins 6331 Noble Ave. N. •
Catherine P. Shefeluk 3012, 18 - 51st Ave. N.
Gary M. Olson 3715 69th Ave. N.
SPECIAL FOOD HANDLING LICENSE
Fun Services, Inc. 3701 50th Ave. N.
Ideal Drug Store 6800 Humboldt Ave. N.
Mary Shutes 5212 Kellogg Ave.
Gift Shop Too, Holiday Inn 1501 Freeway Blvd.
Weight Loss Medical Centers 6040 Earle Brown Dr.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager pointed out that, two tentative dates had been set for the
joint meeting with the District 281 School Board and the Council, those being
February 2 and March 2. There was a general concurrence among Council members
to approve the March 2, 1981 date as the date for the joint meeting.
ADJ
There was a motion by Councilmember Lhotka and seconded by Councilmember
Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed
unanimously. The Brooklyn Center City Council adjourned at 12:10 a.m.
Clerk Mayor
1 -26 -81 -28-
CITY
OF 6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
CENT EMERGENCY - POLICE -FIRE
.,� 561-5720
EWINEER' S REPORT
PR0=T 1981 -02
PROJECT DESCRIPTION: Median reconstruction and turn lane installation
PROJECT LOCATION: Shingle Creek Parkway from County Road 10 north to Bridge
#k27910 over I -94
DISCUSSION: Pursuant to the purchase andcbvelopment of the property north of
Brookdale Ford (known as Lot 2, Block 2, Brookdale Square) by Commerical
Partners, Inc., the Engineering Department reccrunenc� construction of ricrht
and left turn lanes for northbound and southbound roadway access to the
com>nerci_al development. In addition, the Engineering Department recorrrnercO
construction of left turn lanes alone the median at John Martin and SLr-rit
Drives to provide for left turn, northbound to westbound traffic movements
to the new Hennepin County Library complex. Modifications are also proposed
for the median adjacent to the City Hall -Civic Center complex. The median
reconstruction has been designed to accomodate a projected increase in
southbound to eastbound turning movements in the Shinq_le Creek. Parkway-
Sununu intersection. Median closures are recc i- mer-ded at the south access
to City Hall and the currently barricade Civic Center access.
Recommended Improvement
Specific rodifications provided along ShirrTle Creek Parkway adjacent to
Brookdale Ford and Brookdale Square include the extension of the left turn .
lane at County Road 10, a median closure at Brookdale Ford, and. installation
of a directional median opening at the southerly access to Brookdale Square.
As a result of the median closure at Brookdale Ford, persons exiting from
Brookdale Ford and wishing to go south on Shingle Creek Parkway must do so
at the northerly access to Brookdale Square. The directional opening at the
Brookdale Square southerly access will allow for southbound to eastbound
movements into the development, but will prohibit westbound to southbound:
movements from the area. The noted median modifications have been desi(- ed
to concentrate potential turning movement -- through lane traffic conflicts at
the northerly access to Brookdale Square thereby allowing for increased con -
tinuity of traffic flow on Shingle Creek Parkway and providina uniform sr_x�cing
for signalized intersections along Shingle Creek Parkway in the future.
Continuing northward along Shingle Creek Parkway, the plan proposes to close
the median- opening at the north access to the Northwestern Bell Telephone
Company property located at 5910 Shingle Creek Parkway, thereby eliminating
the need for the existing left turn lane. Persons wishing to crake a westbound
to southbound movement onto Shingle Creek Parkway must do so at the northerly
access to the Commercial Partners, Inc. development. As previously noted, the
City desires to control access to Shincrle Creek Parkway, providing for in-
creased continuity of traffic flow along the roa&ry.
"" � &e .�x,�ceticierg 7fl age � „
Engineer's Report
Page 2
the extension of the southbound to eastbound turn lane at the Summit Drive
intersection will increase the storage capacity from its present 170 feet
to 550 feet. The turn lane extension will extend through the existing
south access to City Hall, forcing all left turns in and out of the lot to
be made at the recently constructed northerly access to the complex. Right
turns into the south lot will be accomodated by a right turn lane, while
right turns from the lot will continue under existing conditions. Provi-
sions for continued pedestrian access to the complex have been made by the
addition of concrete sidewalk adjacent to the turn lane. Upon completion
of the Civic Center access improvement project, the existing access will be
closed to all traffic. Accordingly, the plan proposes to close the barri-
caded median opening and provide a northbound to westbound left turn lane
approach to the recently installed access.
Minor modifications in the storm water disposal are required as a result of
the proposed turn lane installations. Four additional catch basins and
related piping must be installed to provide adequate drainage at the median
openings adjacent to the Commercial Partners, Inc. development. A single
catch basin must be relocated at the median closure adjacent to the North -
western Bell Telephone Company, and two additional catch basins must be pro-
vided in the turn lane approaches to Summit Drive.
Shingle Creek Parkway is a Municipal State Aid street, therefore the City may
be reimbursed for the costs incurred on the project. However, the City has
a Subdivision Agreement with Commercial Partners, Inc., the developers of
Brookdale Square, which provides for payment of all construction costs directly
related to the development of Brookdale Square. In addition, Resolution 70 -90
has established the assessment policy for the industrial park area from County
Road 10 to F.A.I. 94. Accordingly, the staff expects all expenditures to be
recovered by special assessment. The staff, therefore, recommends the City
Coua forego its right to pursue M.S.A. reimbursement and levy assessments
for recovery of expenditures.
Summary
A brief sum auy of the estimated costs and assessments are as follows:
Construction Cost: $156,300
Engineering Costs (@ 9% construction cost) : 14,100
Legal & Administrative Costs (@ 2% construction cost): 3,100
Contingencies (@ 10% construction cost): 15,600
Estimated Thtal Cost: $189,100
Commrcial Partners, Inc. Estimated Cost Share: 90,100
Estimated Assessable Cost Share= $472.35 /acre = 99,000
The attached information includes: Project Location Map, Assessment District
Map, Resolution Establishing Project and Calling for Public Hearing.
Respectful y Submitted,
Sy Knapp
Director of Public I%brks /City Engineer
Attachments
cb
Member introduced the following resolution
and r.�oved its adoption:
RESOLUTION NO.
RESOLUTION FSTABLISHR SHINGLE CR= PAPMYff STRFTT RIPRCI,IPMI:T?T
PROJECT 1981 -02, ACCEPTIMS CITY a-GI=_ 'S REPORT, CWDE r—,
PREPARATION Cp PLANS AND SPECIFICATIONS, AND PROVIDING FOP
PUBLIC HEARIIU ON PROPOSED IMPR0V9= PROTECT NO. 1981 -02
WfiMEAS, the City Council deems it necessary and in the best
interests of the City of Brooklyn Center to modify the existing roadway on
..Shin
gle Creek Parka ay beta . Co. Rd. 10 and F.A.I. 94 to provide turn lanes
for continuity of traffic flow through the Brooklyn Center Industrial Park; and
1 VMZEAS, the City Engineer has rude a preliminary report advisincx
that said proposed improvement is feasible and that it can be constructed at
an estimated cost of $189,100.00.
NCW, THEREEORF, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that said improvement be established as Irprovement
Project Na. 1981 -02.
5 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn
Center, 1innesota, as follows:
1. The Council proposes to proceed under authority granted by
Chapter 429, Minnesota Statutes.
2. A public hearing on the proposed irproveeent shall be held at
the City Hall in the city on Monday, the 9th day of February,
1981, at 8:00 o'clock P.M., and the Clerk shall ?publish notice
of the time and place of hearing by two weeks' publication in
f the official newspaper of the city.
3. The area proposed to be assessed for said improvement is as
follows:
All property lying south of F.A.I. 94 bounded on the east
by T.H. 100, on the south by R.L.S. 1256 and T.H. 100, and on
the west by a line located 100 feet east of and parallel with
Shingle Creek (original location).
4. This Proposed irv_�rove -rent shall be designated Shingle Creek Park-
May Modification. Irprovement Project Yo. 1981 -02.
Date Mayor
ATTEST:
Clerk
• The motion for the adoption of the foregoing resolution eras duly seconded by
rimer , and upon vote beinc_r taken thereon the follow-
ing voted in favor thereof:
and the following voted against the same:
whereupon said resolution ass declared duly passed and adopted.
CORRECTION 8. 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.
9. An underground irrigation system shall be installed
in all landscaped areas to facilitate site maintenance.
10. Plan approval is exclusive of all signery which is
subject to Chapter 34 of the City Ordinances.
11. B612 curb and gutter shall be provided around all
driving and parking areas.
12. The plans shall be modified to indicate a fire
hydrant at the easterly entrance on Freeway Boulevard.
13. The plans shall comprehend a sidewalk to provide
pedestrian access to this site from adjacent sidewalks.
The staff is directed to prepare a report and recom-
mendation to the City Council regarding whether the
City's sidewalk network should be expanded to include
sidewalk along the southerly Freeway Boulevard right
of-way.
Voting in favor: Chairman Hawes, Commissioners'Malecki, Theis,
L ucht and Simmons. Voting against: none. The motion passed.
ACTION RECON: APPROVAL OF APPLICATION NO. 81004
(Meriwether Restaurants, Inc.)
F ollowing discussion of the plat there was a motion by Commissioner
Theis seconded by Commissioner Manson to recommend approval of App1i
cation No. 81004, a request for preliminary R.L.S. approval establish
ing new boundaries for the parcel of land at the southwest corner of
Shingle Creek Parkway and Freeway Boulevard following highway taking,
subject to the following conditions:
1. The final R.L.S. is subject to the approval of
the City Engineer.
2. The final R.L.S. is subject to the provisions
of Chapter 15 of the City Ordinances.
3. Building permits will not be issued until the
R.L.S. is finaled and filed with the County.
voting in favor: Chairman Hawes, Commissioners Malecki, Theis,
��ianson, Lucht and Simmons. Voting against: none. The motion
passed.
APPLICATION NO. 81005 (Lisa Rogers Carter
The Secretary introduced the next item of business, a request for
a special use permit to conduct a home beauty shop in the basement
of the residence at 5308 Humboldt Avenue North. The Secretary re- •
viewed the contents of the staff report (See Planning Commission
Information Sheet for Application No. 81005 attached).
1 -15 -81 -8-
PUBLIC HEARING
Chairman Hawes then opened the meeting for a public hearing. He
inquired of Mr. Dave Nelson, representing Meriwether Restaurants,
Inc. as to the type of entertainment proposed. Mr. Nelson explained
that the music provided at the restaurant was more background music
than entertainment as such. He explained that this music would not
be in connection with dancing and that local talent would be brought
in. Chairman Hawes stated that he wished to pin down the precise
nature of the entertainment and how often it would be provided.
* The Secretary; suggested that Condition No. 6 relating to live enter-
tainment on the premises be expanded to cover the concerns of the
Commission.
CLOSE PUBLIC HEAR
Following further discussion of the sidewalk issue,, there was a
motion by Commissioner Manson seconded by Commissioner Malecki to
close the public hearing. Voting in favor: Chairman Hawes, Com-
missioners Malecki, Theis, Lucht and Simmons. Voting against: none.
The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81003 (Meriwether
Restaurants)
Motion by Commissioner Malecki seconded by Commissioner Lucht to
recommend approval of Application No. 81003, a request for site and
building plan approval and a special use permit to construct a 238
seat restaurant on the parcel of Land located at the southwest
corner of Shingle Creek Parkway and Freeway Boulevard and offering
dive entertainment, 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, utility and berming plans are
subject to review and approval by the City Engineer
prior to the issuarce.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. The special use permit is issued to the applicant
as operator of the facility and is nontransferable.
5. The permit is subject to all applicable codes,
ordinances, regulations and violation thereof,
shall be grounds for revocation.
6. The special use permit acknowledges light live
P P g
entertainment such as a piano player, guitarist,
or roving minstrels for background music, but
does not comprehend bands, dancing, etc. which
will require an additional special use permit.
• 7. Any outside trash disposal facilities and rooftop
mechanical equipment shall be appropriately screened
ned
from view.
1 -15 -81 -7-
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF .'
THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN
AND THE STATE OF MINNESOTA
STUDY SESSION
JANUARY 29, 19 81
CITY HALL
CALL TO ORDER
The Planning Commission met in study session and was called to order
by Chairman William Hawes at 7:50 p.m.
ROLL CALL
Chairman William Hawes, Commissioners Molly Malecki, Nancy Manson and
George Lucht. Also present were Director of Planning and inspection
Ronald Warren and Planning Assistant Gary Shallcross. Chairman Hawes
noted that Commissioner Theis had called to say he would be late and
Commissioner Simmons that she would be unable to attend. Chairman
Hawes reported that Commissioner Erickson, who served on the 1979 and
1980 Planning Commissions,has resigned his position on the Planning
Commission.
APPROVAL OF MINUTES - January 15, 1981
The Planning Assistant informed the members of the Commission that
Mr. Tom Wilhelmy, representing the appellant in Application No. 81009,
had requested a change in the January 15 minutes on page 17. Mr.
Wilhelmy requested that Point 3 be changed to read that the gas pumps
could be located on an area other than the parcel they are presently
located on because of Section 35- 414:11. The Planning Commissioners
discussed their recollection of the discussion and decided that the
existing version of the minutes was, in fact, accurate and did not
accept the change proposed by Mr. Wilhelmy.
Commissioner Malecki pointed out that the minutes do not reflect any
discussion of Application No. 81004 and suggested that this should
be added, if only briefly. Motion by Commissioner Malecki seconded
by Commissioner Lucht to approve the minutes of the January 15, 1982
Planning Commission meeting as corrected. Voting in favor: Chairman
Hawes, Commissioners Malecki, Manson and Lucht. Voting against:
none. The motion passed.
APPLICATION NO. 81010 (Classic Electric Car Corporation)
Following the Chairman's explanation, the Secretary introduced the
first item of business, a request by Classic Electric Car Corporation
for a determination that assembly of electric cars is similar in
nature to other uses permitted in the I -1 zone. The Secretary re-
viewed the contents of the staff report relating to the application
(See Planning Commission Information Sheet for Application No. 81010
attached). The Secretary added that he and the City Manager had
viewed the operation as it is carried on in Plymouth, but pointed
out that not all of the functions carried on in Plymouth would be
moved to the Brooklyn Center location. The manufacture of fiber -
glass auto bodies, for instance, would not be transferred. He also
Noted that he had just been informed that the applicant proposes
only using space in the Spec. 8 building (6870 Shingle Creek Parkway)
not both Spec. 8 and Spec. 6 as indicated in the report. The Secre-
tary also stressed that the Planning Commission gain a clear docu-
mentation of the use before recommending any determination to the
1 -29 -81 -1-
City Council.
Commissioner Theis arrived at 8:05 p.m.
Commissioner Manson asked whether autos would be stored inside
the Spec. buildings in the Industrial Park. The Secretary responded
that the Zoning Ordinance requires that all storage be within a
totally enclosed building in the I -1 zone. Chairman Hawes asked
whether the finding would be reviewed yearly so that if there were
any violations, action could be taken to withdraw approval. The
Secretary answered that such a procedure could be made a part of
the recommendation to the City Council. He added, however, that
violations of the Zoning Ordinance, as defined by a finding, would
be subject to normal legal process.
The Secretary stated that the primary concern of the staff is that
the use .in question not evolve into a larger auto manufacturing
operation which would not be considered similar in nature to the
uses permitted in the Industrial Park. The Secretary suggested
that the finding include a condition that the use be subject to
review on a regular basis to check whether it is living up to the
determination made by the City Council.
Commissioner Lucht noted the difficulty of defining the use over
the long term. The Secretary responded that the use permitted
would be defined on the basis of information provided by the
applicant.
In answer to a question from Chairman Hawes regarding outside storage
space, the Secretary stated that occasional and temporary storage of
cars or materials outside may be understandable, but also pointed
out that if such storage were done on a regular basis, it would be
a violation of the Zoning Ordinance which forbids outside storage
in the I -1 zone.
Mr. Roger Newstrum, representing both Classic Electric Car Corpora-
tion and Brooklyn Center Industrial Park, then addressed the Planning
Commission. He explained that the process to be carried on in the
Spec. 8 industrial Building would be purely assembly. Commissioner
Theis asked how many vehicles would be assembled per day. Mr. Newstrum
answered that initially two per day would be assembled and stated that
the company hopes to work up to four vehicles per day at the end of
the year. He added that there is strong interest in the product,.
particularly in the west and southwest parts of the country. He ex-
plained that the Bradley Automotive Company is a leader in the field
of developing electric automobile transportation.
Commissioner Lucht asked what kind of manufacturing would take place
at the site. A representative of Classic Electric Car Corporation,
answered that certain parts would be manufactured at the site using
a punch press, but added that their punch press is not a heavy duty
machine. Commissioner Lucht asked whether there would be a paint
shop in this operation. The applicant responded in the negative.
Noting that assembly would be carried on by teams, Commissioner Theis
asked how many people comprised a team. The representative of Classic
Electric Car responded that there would be two experienced workers
assembling a car, and sometimes a third person who is learning.the
process. He explained that it took a team five working days to put
1 -29 -81 -2-
a single car together. Mr. Newstrum stated that his experience
In bringing developments to the Industrial Park leads him to feel
that the assembly of electric cars fits in the I -1 zone. He ex-
plained that the company does not wish to be bound to a team assembly
• technique, that an assembly line may become the most efficient mode
of operation as the volume of business grows. He stated that, in
either case, the use should be able to fit into the I -1 zone.
Chairman Hawes stated that the concern regarding assembly line is
over the volume of materials that have to be stored to keep an
assembly line going and the possibility that some of these materials
could wind up being stored outside. Mr. Newstrum answered that he
felt the company could handle the logistical problems of keeping
available space and the demand for storage in equilibrium and they
will abide by the regulations relating to this zoning district.
Commissioner Lucht asked Mr. Newstrum whether he would have any
problems with a finding that limited the use to the assembly of
electric automobiles only. Mr. Newstrum answered that that would
pose no problem. In response to a question from Commissioner Theis,
Mr. Newstrum stated that automobiles are assembled only after an
order has been received.
The Secretary asked whether any body repairs would be undertaken
at the Spec. VIII site, to which the.applicant answered in the
negative. Chairman Hawes asked whether there would be any need
for gas or oil at the site. The applicant's representative answered
that only small quantities would be used for cleaning.
The Planning Commission discussed among themselves, the best.pro-
cedure for acknowledging the proposed use. Commissioner Lucht
suggested that the company could occupy Spec. VIII on the basis
of a finding by the City Council, and that this occupancy could
be limited further by an ordinance amendment to follow later on.
The Secretary agreed with this procedure.
In answer to a comment from Commissioner Lucht, the Secretary pointed
out that a body shop could not be permitted in this building because
it abuts R -3 zoned property at a street line.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81010
(Classic Electric Car Corporation)
Following further discussion, there was a motion by Commissioner
Lucht seconded by Commissioner Manson to recommend to the City
Council, a finding that the assembly of electric cars is similar
in nature to other permitted uses in the I -1 district, provided:
1) The finding acknowledges assembly of electric powered
vehicles and does not acknowledge the manufacture of
major automobile components.
2) There shall be no body repair, painting, or maintenance
of electric vehicles conducted in the I -1 zone.
3) The use shall conform to all provisions of the Zoning
Ordinance relating to I -1 uses.
He also recommended that wording for an ordinance amendment to
establish the status of the use in the Zoning Ordinance be prepared.
1 -29 -81 -3
Voting in favor: Chairman Hawes, Commissioners Malecki, Theis,
Manson and Lucht. Voting against: none. The motion passed.
APPLICATION NO. 81011 (Youth Investment Foundation
The Secretary introduced the next item of business, a request for
a special use permit.by Youth Investment Foundation to use the •
single family residence at 4800 -71st Avenue North for office counsel-'
ing and group meeting functions. The Secretary reviewed the contents
of the staff report for the application (See Planning Commission
Information Sheet for Application No. 81011 attached).
Commissioner Theis observed that the Zoning Ordinance disallows
accessory off -site parking across a major thoroughfare. The Secre-
tary clarified that informal agreements may exist for such parking,
but that the City would not approve an off -site accessory parking
arrangement as a way to meet ordinance parking requirements. The
Secretary added that the applicant has indicated that youths are
sometimes picked up by a counselor and brought to the home. He
stated that he considered the organization worthwhile, but not one
which is "required" for the public welfare in an R1 District. He
stated that he felt there might be circumstances in which the oper-
ation could locate in the Rl zone (for instance, in a church building)
but not at the proposed location.
Chairman Hawes inquired whether group homes are permitted in the
Rl district. The Secretary answered that state law mandated that
such uses be permitted in the R1 zone with an occupancy of up to
8 persons. Chairman Hawes asked whether the status of a permitted
group home is limited to homes for the mentally retarded. The
Secretary answered that other troubled persons may occupy a group
home in the P.1 district. He pointed out that the proposed use
did not constitute a group home in any way. Chairman Hawes stated
that there was a potential for using the house as a place to stay
overnight and asked whether such a use would be prohibited. The ,
Secretary stated that no such intended use was expressed in the
letter submitted with the application for a special use permit.
He went on to add that if the applicant were to reside on the premises,
there would be no requirement to even seek a, special use permit for
many of the activities that are intended.
Chairman Hawes then called on the applicant to speak. Mr. Thyren
first corrected a statement in the staff report which suggested that
on -site parking was available at the building in Bemidji, Minnesota.
He stated that no such parking was available at that site.-
.
Mr. Thyren pointed out that he generally uses his van to pick up
youths and bring them to his house in Maple Grove.
Chairman Hawes asked Mr. Thyren whether he had any religious train-
ing. Mr. Thyren answered that he has not attended seminary, that he
was formerly a teacher at Park Center High School. Asked what re-
ligious affiliation he had, Mr. Thyren answered that Y.I.F. is not
affiliated with any denomination, although Y.I.F. does .receive
funding from a number of churches. Chairman Hawes then reviewed
briefly the financial support for the organization. Chairman Hawes
asked whether it was likely that a youth would need to stay overnight
at the house. Mr. Thyren answered that if a situation arose where a
youth did not feel he could return home, he would likely take that
young person to his own home in Maple Grove, rather than spend the
1 -29 -81 -4-
night in the house on 71st Avenue.
Commissioner Malecki asked Mr. Thyren whether he was operating
by himself. Mr. Thyren explained that he is an area director in
the Youth Investment Foundation organization and that another part -
time counselor would probably work with him in the house at 4800 -
71st Avenue North. Commissioner Malecki noted the size of the
house, and asked why that much space was needed. Mr. Thyren answered
I '
that he preferred to operate in a house which has informal settings
for group meetings. He stated that he did not like the atmosphere
created by an office arrangement.
Chairman Hawes asked whether Y.I.F. was recognized by the State.
Mr. Thyren answered in the affirmative and stated that the organi-
zation has had tax exempt status for 10 years. Chairman Hawes asked
whether the counseling services offered by Y.I.F. had to be licensed
by the State. Mr. Thyren answered that that was not necessary.
In answer to a question from Commissioner Manson, Mr. Thyren stated
that the problem of parking has never really come up at a Y.I.F.
house. He stated that no one in the group of kids that he counsels
even has a drivers license yet.
Chairman Hawes asked whether any of the young people served.by Y.I.F.
is emotionally disturbed. Mr. Thyren answered that he does not treat
people in need of psychiatric care or drug therapy, but simply normal
.kids who are having minor problems.
Chairman Hawes asked in ,what way the property would be improved by
Y.I.F.'s occupancy. Mr. Thyren stated that they do landscaping,
fencing, etc. He stated that the organization is very interested
in being a good neighbor and that the property should look better
in two years.
Following a number of questions and answers regarding particulars
of the Y.I.F. operation, the Secretary asked the applicant to explain
to the Commission how he felt the Y.I.F. use is required for the
public welfare of that neighborhood. Mr. Thyren stated that the
organization would be involved with troubled teenagers and possibly
their parents and that this would be a benefit possibly to people
living within the immediate neighborhood. The Secretary asked
Mr. Thyren what would be lacking to the community as a whole if this
operation were not located at 4800 -71st. Mr. Thyren stated there
are benefits to the parents of a community when youths are involved
with Y.I.F. at a turning point in their life.
Commissioner Lucht commented that he felt, from his own knowledge
of Y.I.F., that it would be a tremendous asset to the community,
perhaps not required, but a definite plus. He also noted the benefit
from having Y.I.F. close to its clientele at Park Center High School
and Northview Junior High School.
Commissioner Manson acknowledged that the house in question would
be a convenient location, but that it also presents potential problems
for parking and the busy traffic along Brooklyn Boulevard.
In answer to a comment from Commissioner Lucht, Mr. Thyren stated
that nc
o e oun people obtain a drivers License the usually join
y 9 P P y y J
another group. He also pointed out that the young people come to
the house by appointment and that he would discourage kids from just
1 -29 -81 -5-
dropping in and hanging around for long periods of time. Asked
what age group most of the young people are, Mr. Thyren answered
mostly eighth or ninth graders.
Commissioner Lucht asked whether the officing function of the pro-
posed use is the major problem from a zoning standpoint. The Secre-
tary answered that he really did not know how to classify the use
that is proposed. Therefore, he said, it is difficult to know how
the use fits into any particular zone. He reviewed with the Com-
mission other possible locations, including the CEAP site and the
Brookdale Christian Center Church on Xerxes Avenue North, which
had been discussed with the applicant. He stated that there did
not appear to be a problem with the proposed use in the Cl zone.
Commissioner Lucht acknowledged that he did not see how the use
would meet the ordinance restrictions for the RI zone, but added
that it is certainly a worthwhile organization and hoped a solution
could be worked out.
PUBLIC HEARING
Chairman Hawes then opened the meeting for a public hearing. Mr.
Dale Magnuson of 4830 -71st Avenue ,North stated that he was neither
for nor against the proposed use. He informed the Commission that`
the property at the corner of 71st and Brooklyn Boulevard has been
a problem in the neighborhood for some time. He expressed a concern
of those living in the area that pedestrian traffic will conflict
with automobile traffic in that area. He explained that the property
has been used for home occupations in the past and that the current
owner uses the property as an upholstery shop and uses the rear yard
to rebuild cars. He asked Mr. Thyren what use the -- property might be
sold for, perhaps a gas station? Mr. Thyren answered that the special
use permit he was seeking would certainly be issued only for the
Y.I.F. use and could not be transferred to some other use later.
Mr. Magnuson asked Mr. Thyren if he would object to having 71st,
Avenue North blocked off from Brooklyn Boulevard. Mr. Thyren answered
that he would have no objection. Mr. Magnuson also stated that his
neighbor Bill Legler of 4813 -71st Avenue North was unable to attend
the meeting, but expressed concerns regarding cars and noise from the -
proposed use.
Chairman Hawes assured Mr. Magnuson that a gas station would not be
permitted at that site. Mr. Magnuson answered that he was aware that
special use permits have certain restrictions. He complained, how-
ever, that these restrictions are not really enforced. Therefore,
he said, he has little confidence in the conditions legislated by
the Planning Commission and City Council.
hlr. Louis Terzich of 4825 -71st Avenue North addressed a few questions
to the applicant. He asked how serious the problems were that kids
had who came to the Y.I.F. meetings; and whether a special use permit
was required for Y.I.F. in Maple Grove. Mr. Thyren answered that
Y.I.F. does not deal with violent youths. He pointed out that 73%
of senior high school kids have some contact with drugs in some form
and that certainly they are not all dangerous. He stated that no
permit was required for Y.I.F. to operate in his home in Maple Grove.
Mr. Terzich stated that he agreed with the report of the Secretary.
He stated that he opposes the use in his neighborhood because it is
deteriorating.
Mrs. Pehrson of 4812 -71st Avenue North expressed the concern that if
the operation is a success, more and more people will be coming to
1 -29 -81 -6-
the house. Mr. Thyren answered that a large group would require
a different facility. He stated that his primary goal is to build
relationships with a limited number of young people. Mrs. Pehrson
asked how many young people he could carry in his van. Mr. Thyren
answered three or four were usually picked up at a time. Mrs. Pehrson
asked why it was necessary to have the Y.I.P. office in a house as
opposed to in a regular office building. Mr. Thyren answered that
meetings with 20 or 30 young people require more space than is found
in the typical office. Louis Terzich asked why the organization
couldn't use the school for officing. Mr. Thyren answered that it
was totally impossible to office at the high school. He added that
the school has allowed Y.I.F. to use the gymnasium.
Mr. Jessie Pehrson, also of 4812 -71st Avenue North,noted that Mr.
Thyren has no religious training as such and asked how he conducts
studies of the Bible. Mr. Thyren answered that he simply reads
through books of the Bible with the youth and asks questions about
,what each passage means to them. Mr. Pehrson asked whether there
would be other employees working with him. Mr. Thyren answered
that there would probably be one part -time counselor at the house
during afternoon periods.
Mrs. Faith Dant of 4818 -71st Avenue North asked Mr. Thyren whether
a summer program with activities at the house is planned. Mr. Thyren
answered that a program for the summer is P lanned, but not all of
the activities would be at the house at 4800 -71st Avenue North.
Mrs. Dant stated that her concern primarily relates to property
values. She stated that she would not want to look for a house in
a neighborhood with a youth home or similar operation located there.
She asked why Mr. Thyren wanted to locate it in a residential area.
Mr. Thyren answered that the house in question is good because of
its location and type of setting provided for meetings with young
people. -
Mr. Lawrence Pallum, 'the resident at 4800 -71st Avenue North,com-
plained about the presumptions that Mrs. Dant and others had about
the house at 4800 -71st.
CLOSE PUBLIC HEARING
Chairman Hawes asked whether there were any others who wished to
speak to the application. There being none, there was a motion by
Commissioner Lucht seconded by Commissioner M_alecki to close the
public hearing. Voting in favor: Chairman Hawes, Commissioners
Malecki, Theis, Manson and Lucht. Voting against: none. The
motion passed.
Commissioner Theis stated that he had a difficult time in evaluating
the merits and demerits of the proposed use in a residential area.
He stated that he felt the operation was worthwhile, but that it
can't be classified as a church. He stated that the only other
category that the use might be classified in was the provision for
"other noncommercial uses required for the public welfare." He
stated that he could not consider the proposed use to fall in that
category because, although the use may be worthwhile, it is not
something that is necessarily "required." He stated that he would
prefer to see the proposed use in a commercial zone and not in an
R1 residential neighborhood.
1 -29 -81 -7-
I
Chairman Hawes polled the Planning Commission as to its feeling on
the matter'. Commissioner Lucht stated that he considered the Y.I.F.
to be a worthwhile group and.a potential asset to the community,
but that the use as proposed does not fit in the R1 zone. He noted
that, ironically, if Mr. Thyren were to live at 4800 -71st, there
would be no zoning problem in his making use of the building for
meetings with young people.
Commissioner Manson agreed with Commissioner Lucht and went on to
state that she saw problems with adding any ordinance language to
allow the proposed use, because such language might allow other
office uses in the Rl zone.
Commissioner Malecki stated that the Commission is bound by the
limitations in the Zoning Ordinance and stated that the proposed
use cannot be- considered "required" for the.public welfare in an
Rl district.
Commissioner Theis stated that a rezoning would have to be pursued
before the use could be allowed in the proposed location.
Chairman Hawes commended the proposed use, but also stated that
he did not feel it is truly permitted in the Rl district. He
opposed allowing a single family residence to be used purely for
the office of a nonresident.
Mr. Thyren stated that the.Planning Commission in New Hope had
raised all the same considerations, but that the Planning staff in
that City had been able to find a way of allowing Y.I.F. in an Rl
district. He asked how this was done in New Hope, but not here.
The Planning Assistant answered that the house used in New Hope
was located next to a church and that a condition of approval was
a parking agreement with the church. He stated that it was his
understanding that conditional use permits are different and some-
what more flexible than the special use permit category.
ACTION RECOMMENDING DENIAL OF APPLICATION NO. 81011
(Youth.Investment Foundation)
Motion by Commissioner Theis seconded by Commissioner Manson to
recommend denial of Application No. 81011, a request for special
use permit to locate the Youth Investment Foundation in the resi-
dence at 4800-71st Avenue North, on the following grounds:
1. The use of the property cannot be classified as a
permitted or special use in the Rl district nor
can it be classified as a non - commercial use
required for the public welfare in the R1 district.
2. The standards for a special use permit are not all met,
notably Standard (d) relating to parking, ingress
and egress.
3. No ordinance change is recommended.
Voting in favor: Chairman Hawes, Commissioners Theis, Manson and
Lucht. Voting against: none. Not voting: Commissioner Malecki.
Commissioner Malecki explained that she would vote to deny the
1 -29 -81 -8-
application, but not on the grounds that the special use standards
are not met. She stated that in her opinion the only proper grounds
for denial are because the use does not fall within the uses per-
mitted in the Rl district and specifically cannot be included in
those uses permitted by Section 35- 310:28.
Mr. Louis Terzich stated to the applicant and to the rest of the
Commission that he is not opposed to the operation per se, but
does not feel it should be permitted in the -RI zoning district.
OTHER BUSINESS
The Secretary briefly reviewed for the Planning Commission upcoming
business items and noted that the Assistant City Engineer will re-
view for the Planning Commission a number of 1981 Engineering De-
partment improvement projects.
ADJOURNMENT
Motion by Commissioner Theis seconded by Commissioner Malecki to
adjourn the meeting of the Planning Commission. Voting in favor:
Chairman Hawes, Commissioners Theis, Manson and Lucht. Voting
against: none. The motion passed. The Planning Commission ad-
journed at 10:53 p.m.
Chairman
1 -29 -81 -9-
Planning Commission Information Sheet
Application No. 81010
Applicant: Classic Electric Car Corporation
Location: 6870 Shingle Creek Parkway
Request: Finding that use is permitted in I -1 district.
The applicant requests that a finding be made by the City Council that the assembly
of electric cars is similar in nature to other uses permitted in the I -1 district.
Section 35- 330 :1(f) of the Zoning Ordinance provides for "other uses similar in
nature to the aforementioned uses, as determined by the City Council" (see Section
35 -330 attached). There is no clear precedent of a similar determination by the
City Council in the past. Therefore, the matter is being brought for review at
this time. Also, there is no new construction involved with the present appli-
cation, only the occupancy of tenant spaces in the Spec. 8 and Spec. 6 industrial
buildings (6870 and 6800 Shingle Creek Parkway, respectively).
The applicant has submitted a letter (attached) in which the activity is briefly
described and compared with other uses which have been permitted in the I -1
district. Among those past permitted uses listed, two (TCR Headed Products'
screw manufacturing and Audio Research,manufacture of stereo amplifiers) are
expressly permitted by the Zoning Ordinance. The assembly of snowmobiles by
Arctic Metals is not expressly permitted, but,the total range of activities at
Arctic Metals was apparently considered to fall within the category of manufac-
ture of fabricated metal products.
If the proposed use is to be considered a permitted use in the I -1 zone, it
should be similar in nature to the manufacture of fabricated metal products as
illustrated by various product types (Section 35 -330:1 (a) (9). The products
contained in that section include:
Office computing and accounting machines
Household applicances
Electrical lighting and wiring equipment
9 g 9
Communication 9 equipment, in
cludin radio and television
receiving sets
Electronic components and accessories
Screw machine products.
These products certainly suggest small scale, light manufacturing. The
assembly of electric cars may or may not involve processes which go beyond the
general classification suggested by the Zoning Ordinance.
The City Manager and the Director of Planning and Inspection had an opportunity
to review the electric car assembly operation at the company's current location
in Plymouth. The operation involves taking reconditioned Volkswagon chassis,
outfitting hem with a number um r of batteries an
9 s d then attaching Y al read manufactured
single unit fiberglass bodies to the frames.
9 The process also includes the
necessary mechanical work to make the unit operational. The assembly is done
in teams rather than an assembly line process. Also viewed, at a different site
in Plymouth, was the fiberglassing operation where car bodies are repaired. The
assembly operation viewed (not the fiberglassing) is, as purported by the appli-
cant in his letter, a relatively "clean process with no obnoxious odors or dirt."
1 -29 -81 -1-
Application 81010 continued
The staff's primary concern is that the manufacturing or assembly be as viewed and
as the applicant indicates and not evolve into the more traditional automobile
manufacturing plant. A key to making a recommendation on a finding may be that
this assembly operation involves electric automobiles, not gasoline propelled
automobiles, and does not involve the manufacture of engines, frames or other
related components, but rather the assembly of these parts only.
The staff would recommend that the Commission question the applicant and obtain
any further information or clarifications. it feels is needed to make a finding
of whether this use is or is not similar in nature to other uses permitted in
the I -1 District. It is not recommended that automobile assembly plants in
general be allowed in the I -1 District, r
In evaluating the proposed use, there are certain parameters set down in Section
35 -413 of the Zoning Ordinance which any I -1 use must comply with. Aside from
buffers and setbacks which apply to buildings, there are a.list require
meets relating to noise, odor, vibration, glare and heat, wastes, and outdoor
storage. At the property line of the use in question: noise from the use canngt
exceed 40 decibels (as measured by equipment meeting the specifications of the
American Society for Testing and Materials); toxic noxious or odorous matters
may not be detected; and vibrations, glare and heat may not be detected beyond
the limits of the i mmediate industrial site from which it originates. Whether
these protections are meant to apply to neighboring industrial tenants within
the same building is not clear. However, there seem to be adequate private
incentives in such situations to control or resolve any problem.
The Planning Commission may feel that an ordinance amendment acknowledging this
specific use would be more appropriate than a clearly documented finding that
the proposed use is similar in nature to other uses within the I -1 District.
In either case, it is recommended that a clear understanding of this manufacturing
process be gained and documented before any positive recommendation is made to
the City Council.
1 -29 -81 -2-
Planning Commission Information Sheet
Application No. 81011
Applicant: Youth Investment Foundation
Location: 4800 - 71st Avenue North
Request: Special Use Permit
The applicant requests approval of a special use permit to use the single- family
residence at 4800 - 71st Avenue North for office, counseling, and group meeting
functions of the Youth Investment Foundation. The property is zoned Rl and is
bounded by Brooklyn Boulevard on the east, by 71st Avenue North on the south, by
a single family residence on the west, and by the Creek Villas Townhouses on the
north. The special uses permitted in the R1 zone include "other non - commercial
uses required for the public welfare in an Rl district, as determined by the
City Council." Approval of this application, therefore, would involve a deter-
mination that the use described by the applicant is required for the public
welfare in an R1 district.
The applicant has submitted a letter (attached) in which he describes the pro-
posed use. He has also submitted letters of commendation from neighbors of
other homes in which Y.I.F. (Youth Investment Foundation) has operated. Y.I.F.
has a reputation in Bemidji, Hopkins, and New Hope for being quiet and for im-
proving as well as maintaining their property. Standards b) and c) (relating
to impact on property values and development) seem to be met by the proposed use
if it is carried on in Brooklyn Center in the same fashion it has been elsewhere.
Staff would point out that the circumstances of other Y.I.F. houses have been
somewhat different than in this case. The building in Bemidji is a former
institutional use and presumably has on -site parking sufficient to meet the
needs of Y.I.F. The house in Hopkins, which Y.I.F. occupied for three years,
is located in a B2 zoning district which allows uses such as: day nurseries,
office uses, clinics, and dwelling units. The Planning staff in Hopkins ack-
nowledged the Y.I.F. use as quiet, but did not recommend the location of such
a use in a traditional Rl setting. The operation in New Hope is located in a
house zoned R1 and adjacent to a church with on -site parking facilities. The
Y.I.F. operation in New Hope received a conditional use permit subject to four
conditions:
1. Annual review by staff.
2. Joint parking agreement with the neighboring church.
3. Subsequent use of the house after Y.I.F. leaves to be a
single- family residence.
4. No signs permitted.
Standard a) for special use permits states that the special use "will promote
and enhance the general public welfare Section 35 -310:2 (g) comprehends
non- commercial uses " required for the public welfare in an R1 district" (emphasis
added). Certainly, the activities described by the applicant's letter and other
literature would promote the welfare of some individuals. However, the use
definitely involves religious activities which are not, either under the Zoning
Ordinance or the Constitution, required for the general public welfare in the
same way as, for instance, a fire station. Religious uses such as chapels,
churches, temples and synagogues are separately acknowledged special uses which
are .permitted "provided. primary vehicular access shall be gained to.ythe uses by a
collector or arterial street." (Section 35 -310:2 (a)).,
1 -29 -81 -1-
d
1
d
Application No. 81011
This brings us to Standard (d) which requires that "adequate measures be taken
to provide ingress, egress, and parking so designed as to minimize traffic
congestion in the public streets." The property in question is a standard
single- family residence at the corner of 71st and Brooklyn Boulevard. Access
is gained off 71st Avenue North. There is not adequate parking space on the
property to accommodate the number of cars likely to be present when meetings
of 20 to 30- people are held. The applicant has indicated that he plans to
pursue a parking arrangement with the Brooklyn united Methodist Church across
Brooklyn Boulevard. There is a traffic signal at 71st Avenue North which would
allow pedestrians to cross the Boulevard safely. Such an accessory off -site
parking agreement, however, would not normally be permitted by the Zoning
Ordinance. Ordinance required parking which is located off -site may not be
located across a major thoroughfare. In this case, it is difficult to calculate
how many parking spaces are required by the Zoning Ordinance. Such an agreement
might be pursued for reasons apart from ordinance standards; yet such an agree-
ment should certainly be a condition of any approval.
Based on the above considerations, the staff is not satisfied that standards (a)
and (d) are met in this. case. We have encouraged the applicant to pursue an
arrangement with an existing institutional use which may have extra space, such
as C.E.A.P. or the Brookdale Christian Center Church which has an entire extra
church building presently available for such uses. In the case of C.E.A.P.,
no zoning permits would be required. In the case of the Brookdale Christian
Center, parking questions would be resolved and the activity proposed could
certainly be comprehended under the use already permitted. -
As indicated by this report, staff is not inclined to recommend approval of
this application, but would encourage a thorough and thoughtful discussion
among the Planning Commission and with the applicant as to the nature and best
location of the proposed use. We will be prepared to discuss this matter
further at Thursday night's meeting.
A public hearing has been scheduled and notices sent.
I
1 -29 -81 -2-
P.�
CITY
OF 6301 SHINGLE CREEK PARKWAY
B Ru " ' 0 K L N BROOKLYN CENTER, MINNESOTA 55430
,
TELEPHONE 561 -5440
C EN.UhA
EMERGENCY- POLtCE -FIRE
561 -5720
ETrGD EER' S REPORT
PROJDCT 1981 -03
PROJECT DESCRIPTION: Street Reconstruction, including roadway and curb and
gutter reconstruction
PROJECT LOCATION: Xerxes Avenue North from T.H. 100 to County Road 10; and 55th
and 56th Avenues North from T.H. 152 to Xerxes Avenue North
DISCUSSION: In accordance with Resolution No. 78 -292, "Resolution Approving
Five Year Municipal State Aid Capital Irprovements Program," the Engineering
Department has undertaken the redesign of Xerxes Avenue North roadway from.
T.H. 100 to County Road 10 adjacent to Brookdale Shopping Center. Also
included in the Engineering Department's proposed 1981 construction program
is the reconstruction of 55th and 56th Avenues from Brooklyn Boulevard to
Xerxes Avenue.
• Evaluation of Existing C onditions :
Normal design standards anticipate a useful life of 20 years for pavement
structures, with a possible 5 - year service lift extension upon proper
and timely use of bituminous overlays. In this case, the existing road -
way structures which were placed in 1961 have shovm signs of corked
deterioration for a number of years. Although curb and gutter installa-
tions have an expected design life of 30 years, the curb and gutter in-
stallation on these streets has also shown signs of premature deteriora-
tion. Factors contributing to the early degradation of the pavement in-
clude: (1) weather conditions; (2) severe destructive axle loadings as
a result of extensive roadway use by buses and tractor semitrailor trucks;
(3) heavy winter use of salt -sand mixtures on the roadway surface; (4)
possible use of inadequate asphalt cement or aggregate in the roadway
construction; (5) improper construction techniques used in subgrade
preparation. Early deterioration of the concrete curb and qutter may
also be attributed to several factors including: (1) overworking the
joints and overfinishing the entire surface; (2) possible use of improper
concrete mixture with inadequate air entrainment; and (3) heavy use of salt.
Reo I
Specific revitalization /reconstruction options considered . by the staff_
included: (1) use of bituminous overlay of existing pavement and patching
of existing curb and gutter where settlement or degradation has occurred;
(2) removal of approximately half the bituminous pavement cross section by
a method known as cold milling or scarification and pat.chinc? of existing
curb and gutter where settlement or degradation has occurred; and (3) com--
plete removal of the existing strictures, including curb and gutter, and
replacement with an adequate cross section.
Engineer's Report
Project 1981 -03
• Page 2
r
Field testing and subsequent consultation with the Minnesota Department
of Transportation (MN /DOT) resulted in the determination that Option No.
1 may produce an acceptable roadway for a period of two or three years at
which time the same conditions would again be experienced. Option No. 2
may produce an acceptable roadway for 5 to 10 years, but again, the same
conditions could again be experienced. option No. 3 should produce a road-
way structure capable of providing a service lift (as noted above) of 20
years or more.
The staff has considered economic and social factors involved in the pro-
posed methods and has determined that total roadway reconstruction is ad-
vised. Accordingly, all cost estimates reflect anticipated costs for Option
lib. 3 and no cost comparisons are provided. Whereas the staff anticipates
a cost increase of between 25 and 50 percent for asphalt cement and bitumi-
nous paving over 1980 costs, the proposed design specifications will make
allowance for the use of recycled bituminous material as an alternate to
virgin materials. Such use of recycled bituminous material has been recog-
nized by MN /DOT and has been used by the cities of St. Louis Park, Roseville,
and Maplewood (among others). The final product is equal in all respects
to a roadway using all virgin materials, and may be cost effective.
Because no feasible method is available to repair this existing curb and
gutter, and because it would be much more expensive to replace the curb and
gutter separately after a few more years, it is our opinion that both the
curb and gutter and the pavement structures should be replaced at the same
time. --
Funding Considerations
Special considerations Roast be given to possible funding sources. Whereas
Xerxes Avenue is a Municipal State Aid Street and is therefore eligible for
MSA construction funding, 55th and 56th Avenues are not. The City does,
however, have the option of adding the two roadways to the MSA street system,
and the City staff recommends such action be taken. At the same time, it
is recognized that the proposed project does benefit properties in the area.
Accordingly, it is recommended that special assessments be levied to bene-
fited properties.
The staff reccumends the City Council consider reduction of assessable
project costs by an amount corresponding to pavement structure service lift
not realized. Whereas the 20 year old roadway section should have provided
approximately 30 years of service, a 33% reduction in total assessable
project costs may be advisable. Special assessment rates may then be estab-
lished by various methods including the "area method" or the "front foot
method. The staff recommends the City Council consider the area method of
assessment with provisions for establishment of "zones of benefit." The
unit assessment may be prorated in accordance with each individual parcel's
proximity to the improvement. A breakdown of such unit assessments is pro-
vided in the project summary.
Engineer's Report
Project 1981 -03
Page 3
Informational Meeting Proposed
Another area of concern is the economic impact of roadway reconstruction
within the vicinity. Adjacent businesses must be informed of the City's
intentions regarding establishment and maintenance of alternative traffic
routes and the proposed construction timetable. The staff therefore,
reccmmends that an informational meeting be held prior to the public hear
ing date (March 9, 1981), preferably during the week of February 22, 1981.
The purpose of the meeting would be: (1) to discuss proposed assessments;
(2) to discuss proposed traffic maintenance; (3) to discuss the proposed
construction timetable; and (4) to discuss existing and future access to
the roadways as well as other questions relating to the project. The staff
requests the City Council's direction as to notification of affected property
owners and tennants and additions to, or deletions from, the outlined sub-
ject matter.
Summary
A brief sum -ary of the estimated costs and assesscents are as follotr,:
Construction Cost: $300,000.
Engineering Costs (@ 9 %'of construction cost): 27,000.
Legal and Administrative Costs (@ 2% of construction
cost): 6,000.
S Contingencies (@ 10% of construction cost): 30,000
Estimated Total Cost: $363,000.
Estimated City Share (@ 33% of construction cost): 121,000.
Estimated Assessable Costs (@ 67% of construction
cost): $242,000.
Proposed Unit Assessments: Zone A $3,862.11 /acre
Zone B $1,693.97 /acre
The attached information includes: Project Location and Assessment District
Map, Resolution Establishing 55th and 56th Avenues north as M.S.A. streets,
Resolution Establishing Project and Calling for Public Hearing.
It is my opinion that the proposed project is feasible on the basis of the
conditions and considerations outlined above.
Respect
ally submitted,
C
SY_ halpp ice—
Director of Public Vbrks /City Engineer
, cb ,
Attachments
Member introduced the following resolution
and moved its adoption:
RESOIIJTION NO.
':. RESOLUTION ESTABLISH= XERXES AVETUF, 55TH AVENUE, 56TH AVFTUE,
STREET RECONSTRUCTION PROJECT 1 981 -03, ACCFP=U CITY ET]TIT='S
REPORT, ORDERII� PREPARATION OF PLANS AND SPECIFICATIONS, AND
PROVIDD13 FOR PUBLIC HEARIIG ON PROPOSED I!v1PR(MP1 ,NT PROJECT
1 1981 -03
VMEREAS, the City Council has received a report from the City
Engineer regarding the feasibility of the reconstruction of Xerxes Avenue
from T.H. 100 to Co. Rd. 10 and 55th and 56th Avenues from T.L. 152
(Brooklyn Boulevard) to Xer;, Avenue I\brth at an esti -, ated cost of
$363,000.00; and
WHEREAS, the City Council deems it necessary and in the best
interests of the City of Brooklyn Center to complete said irprovanent:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, that said improvement be established as
zrrorovemert Project No. 1981 -03.
Ilf BE IT FURTHER RESOLVED by the City Council of the City of Pxooklyn
Center, Minnesota, that the City Engineer's report is hereby accepted and
that the City Engineer be directed to prepare plans and specifications for
said Improvement Project No. 1981 -03.
BE IT FURTHER RFSOLVFD by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. The Council proposes to proceed under authority granted by
Chapter 429, Minnesota Statutes.
j 2. A public hearing on the proposed improvement shall be held at
the City Hall in the city on Monday, the 9th day of February,
1981, at 8:15 o'clock P.M., and the Clerk shall i- ublish notice
of the time and place of hearing by tN%o weeks' publication in
the official newspaper of the city.
3. The area proposed to be assessed for said improvement is as follows:
r All traces and parcels within an area bounded on the north
'i by County Road 10, on the east by Shingle Creek, on the south
by T.H. 100 ancd on the west by T.H. 152 (Brooklyn Boulevard),
EXCEPT Lot 46 of the Auditor's Subdivision 11,.
?.16.
?osed improver�nt shall be crsignated as Xerxes Avenue,
4. This pro?
55th Avenue, 56th Avenue Iml- rovement Pro 19P1 -03,
Date Mayor
ATTEST:
i Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member and upon wte being taken thereon the follow -
ing voted in favor thereof:
and the following voted against the same:
whereuxun said resolution g as declared c;ii1 naG-- c', anr3 air) _
Member introduced the following resolution
and moved its adoption:
RESOLUTIOTT NO.
RESOLUTION ESTABLISHING P'lU UCIPAL STATF AID STRFEl'S
T-AH RFAS, it appears to the City Council of the City of Brooklyn
Center that the streets hereinafter described should be designated as Municipal
State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162:
NOW, THEREFORE, BE IT RFSOLVtD by the City Council of the City of
Brooklyn Center that the streets described as follows, to wit:
55th Avenue North from T.H. 152 (Brooklyn Boulevard) to Xerxes Avenue
56th Avenue North from T.H. 152 (Brooklyn Boulevard) to Xerxes Avenue
x
are hereby established, located, and designated Municipal State Aid Streets of
said City, subject to the approval of the Comissioner of Transportation of the
State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forurard two certified copies of this resolution to the Cormssioner
of Transportation for his consideration, and that upon his.approval of the desicma-
Lion of said streets, that same be constructed, unproved and maintained as IMunici --
pal State Aid Streets of the City of Brooklyn Center, to be nu-.I',---red and known as
Municipal State Aid Street 109 -122 and 109 -123 respectively.
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 follow3ma
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
t /(
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING A CITY PURCHASING POLICY
WHEREAS, Section 6.05 of the City Charter of the City of Brooklyn
Center does direct the City Council to establish and maintain a purchasing
policy for the City of Brooklyn Center.
BE IT, THEREFORE, RESOLVED by the City Council of the City of
Brooklyn Center that the purchasing policy of the City of Brooklyn Center
shall be as follows:
CITY OF BROOKLYN CENTER
PURCHASING POLICY
PURPOSE
It shall be the purpose of the Purchasing Policy of the City of
Brooklyn Center to:
(1) Assure that all purchases are made in accordance with
the laws of the State of Minnesota, the City Charter,
and other policies of the City of Brooklyn Center.
(2) Assure that�all purchases are charged to the proper
account.
(3) Assure vendors that the
� purchase is authorized and
that their invoices will be paid promptly.
(4) Assure uniform urchasin p rocedures within the City's
P g P Y
departments.
(5) Assure the City Council and the City Manager that
adequate controls over the purchasing function are
well established and are adhered to.
DEFINITIONS
For the purposes of establishing purchasing procedures for the City
of Brooklyn Center, the following definitions shall apply:
CONTRACT FOR SERVICES A "contract for services" means an
agreement entered into by the City for the use of professional
services such as consultants, auditors, legal counsel, and
architects. "Contract for services" shall also include an
agreement entered into by the City for insurance coverages.
CONTRACT FOR PURCHASES A "contract for purchases" means
an agreement entered into by the City for the purchase of
supplies, materials, equipment or the rental thereof, or the
purchase, construction, alteration, repair or maintenance of
real or personal property.
RESOLUTION NO.
• CONTRACT FOR LIQUOR STORES MERCHANDISE PURCHASES A "contract
for liquor stores merchandise purchases" means an agreement
entered into by the City for the purchase of merchandise for
resale in the City's off -sale liquor stores.
PROCEDURES
For the purpose of establishing purchasing procedures, "contracts
for services" and "contracts for purchases" shall be divided into separate
purchasing categories according to the real or estimated cost of the services
or purchases. The purchasing categories shall be:
Category I : $10,000 or more
Category II : $5,000 or more, but less than $10,000
Category III $2,000 or more, but less than $5,000
Category IV : Less than $2,000
CONTRACT FOR SERVICES procedures by category shall be as follows:
Category I, Category II, Category,III ($2,000 or more)
Contract awarded by the City Council upon recommendation
of the City Manager.
Category IV : ,(Less than $2,000)
Contract awarded by City Manager.
CONTRACT FOR PURCHASES procedures by category shall be as follows:
Category I : ($10,000 or more)
a. Awarded by City Council upon recommendation of
City Manager.
b. Contract awarded by City Council upon receipt of
sealed bids in accordance with the Uniform Municipal
Contracting Law, M.S.A. Section 471.345.
Category II : ($5,000 through $9,999)
a. Awarded by City Council upon recommendation of
City Manager.
b. Contract awarded by City Council in accordance with
the Uniform Municipal Contracting Law, M.S.A.
Section 471.345 upon either:
(1) receipt of sealed bids.
(2) receipt of two or more written quotations when
possible.
Category III ($2,000 through $4,999)
a. Awarded by City Manager.
b. Contract awarded by City Manager upon receipt of
two or more written quotations when possible.
Category IV : (Less than $2,000)
a. Awarded by City Manager.
b. Contract awarded by City Manager upon receipt of two
or more written or oral quotations when possible.
RESOLUTION NO.
CONTRACT FOR LIQUOR STORES MERCHANDISE PURCHASES
• Categories.I through IV (All amounts)
a. Awarded by City Manager.
b. Contract awarded by City Manager upon receipt of
two or more written or oral quotations when possible.
COOPERATIVE PURCHASING contracts for purchases or services entered into
through joint purchasing agreements with the State of Minnesota,
Hennepin County or other governmental agencies for Categories I
through IV shall be considered to meet the requirements of the
City Purchasing Policy.
GENERAL POLICIES
1. The City Manager shall establish written detailed purchasing
procedures which are necessary to supplement the City Council's
purchasing policy and which are necessary to maintain adequate
controls over the purchasing function.
2. Checks shall be issued regularly on the second and fourth
Mondays of each month to pay the City's outstanding warrants,
or whenever else necessary to guarantee cash discounts, or
whenever else deemed necessary by the City Manager.
3. The City Manager shall have the responsibility to expend funds
necessary to assure the continued operations of the City's
functions in accordance with State laws, City Charter, this
purchasing policy and the City Budget.
4. The City Manager shall keep on file for public inspection,
through the Department of Finance, a listing of all cash
disbursements made by the City during the current calendar year.
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 EXPRESSING RECOGNITION OF AND APPRECIATION FOR
THE DEDICATED PUBLIC SERVICE OF MR. DANIEL ERICKSON
WHEREAS, Mr. Daniel Erickson served as a member of the Planning
Commission from January 22, 1979 through December, 1980; and
WHEREAS, his devotion to the tasks and responsibilities of this
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. Daniel Erickson as a
member of the Planning Commission and citizen, is recognized
and appreciated by the City of Brooklyn Center.
Date — Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY FIRE DEPARTMENT
OF
• � 6250 BROOKLYN BLVD.
BROOKLY
j � BROOKLYN CENTER, MINNESOTA 55429
ENTER OFFICE: 561 -5443
EMERGENCY: 561 -5720
January 27, 1981
City Council
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minn. 55430
Gentlemen:
A Special Board Meeting of the Brooklyn Center Fire Department
• 1 Relief Association
was he d on January 2 8 The following
nu y 6, 19 1. llo a. g
recommendations were made and approved.
Treasurer Jay Hruska was authorized to purchase the following:
$20,000 of General Motors Acceptance Corporation bonds at
11 -5/8% coupon rate which matures June, 1990 at 93.915.
The cost is $18,783.00 and the accrued interest $322.92
for a total cost of $19,105.92.
$35,000 of Commonwealth Edison Company bonds at the coupon
rate of 14% and due on January 15, 1991. It is being
purchased at $99.00 with a yield to maturity at 14.2 %.
The cost is $34,650.00 and the accrued interest is $190.56
for a total cost of $34,840.56.
We feel this is a wise decision and hope you will approve
this action.
Respectfully submitted,
Ci
9ames J. Kelly, S cretary
Brooklyn Center Fire Department
Relief Association
••, �lC 3�o «�ucil�Ciug �dlt C�„
Licenses to be approved by the City Council on February 9, 1981 T°
1 �
BULK VENDING MACHINE LICENSE j�
Brooklyn Center Lions Box 29092 y A�t�oz
• Sanitarian Q n
CIGARETTE LICENSE
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Hoffman Engineering 6530 James Ave. N.
Servomation 7490 Central Ave. N.
Graco 6820 Shingle Cr. Pkwy �.
City Clerk top
FOOD ESTABLISHMENT LICENSE
Arthurs Treacher's Fish & Chips 6100 Brooklyn Blvd.
'Brooklyn Center Evangelical Free Church 6830 Quail Ave. N.
Brooks Superette 6800 Humboldt Ave. N.
Denny's Restaurant 3901 Lakebreeze Ave. N.
Duoos Bros. Am. Legion Post #630 4307 70th Ave. N.
Fanny Farmer Candy Shops, Inc. Brookdale Shopping Ctr.
Frontier Fruit & Nut Co. Brookdale Shopping Ctr.
Garden City School 3501 65th Ave. N.
Jerry's Brookdale Super Valu 5801 Xerxes Ave. N.
Maid of Scandinavia Co. Westbrook Mall
Maranatha Conservative Baptist Home 5401 69th Ave. N.
Mar'c Big Boy 5440 Brooklyn Blvd.
Nature Food Center, Inc. Brookdale Shopping Ctr.
Num -Num Foods, Inc. 3517 Hennepin Ave.
Brookdale Snack Bar Brookdale Shopping Ctr.
• Orchard Lane School 6201 Noble Ave. N.
Peking Place 5704 Morgan Ave. N.
Poppin Fresh Pie Shop 5601 Xerxes Ave. N.
Brookdale Country Store 5425 Xerxes Ave. N.
Winchell's Donut House 1912 57th Ave. N. ,� l
Sanitarian LIN
MECHANICAL SYSTEM'S LICENSE
Central Heating & Air Conditioning 1971 Seneca Road
Rouse Mechanical, Inc. 11348 K -Tel Drive _•
Building fficial c—
NONPERISHABLE VENDING MACHINE LICENSE 11uu
Canteen Company 6300 Penn Ave. S.
Iten Chevrolet 6701 Brooklyn Blvd.
M.T.C. 6845 Shingle Cr. Pkwy.
N.W. Bell 6540 Shingle Cr. Pkwy.
Cass Screw Company 4748 France Ave. N.
Christy's Auto 5300 Dupont Ave. N.
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Ault Corp. 1600 Freeway Blvd.
Brookdale Car Wash 5500 Brooklyn Blvd.
Brookdale Chrysler Plymouth 6121 Brooklyn Blvd.
Brooklyn Center Ind. Park 6120 Earle Brown Dr.
• Cat Pumps 1600 65th.Ave. N.
Earle Brown Apts. 1701 69th Ave. N.
Garden Ctiy School 3501 65th Ave. N.
Coca Cola Bottling Midwest Continued
Hoffman Engineering 6530 James Ave. N.
Holiday Inn 1501 65th Ave. N.
K -Mart 5930 Earle Brown Dr.
Midwest Federal 5545 Xerxes Ave. N.
J.G. Penney Brookdale Shopping Ctr.
Perkins Cake & Steak 5915 John Martin Dr.
Precision Inc. 3415 N. 48th Ave.
Razor Court 5740 Brooklyn Blvd.
St. Paul Book & Stationery 5810 Xerxes Ave. N.
State Farm Office 6415 Brooklyn Blvd.
Willow Lane School 7030 Perry Ave. N.
Dale Tile Company 4825 France Ave. N.
Davies Water Equipment 4010 Lakebreeze Ave. N.
.First Brookdale State Bank 5620 Brooklyn Blvd.
R.E. Fritz Company 8511 10th Ave. N.
Ault, Inc. 1600 Freeway Blvd.
Interstate United Corp. 1091 Pierce Butler Rte.
State Farm Ins. 5930 Shingle Cr. Pkwy.
Maranatha Conservative Baptist Home 5401 69th Ave. N.
Midwest Bolt & Supply Co. 6820 Shingle Cr. Pkwy.
Northomation Systems 7421 Bush Lake Rd.
Brookdale Pontiac 6801 Brooklyn Blvd.
Northwest Microfilm, Inc. 1600 67th Ave. N.
Red Owl Stores Inc. dba Country Store 5425 Xerxes Ave. N.
Servomation 7490 Central Ave. N.
Graco 6520 Shingle Cr. Pkwy
Twin City Vending Co. 1065 East Highway 36
Earle Brown Farm Ind. Park 6100 Summit Dr.
Viking Pioneer Distr. 5200 West 74th Street
LaBelle's 5925 Earle Brown Dr. ��.
Sanitarian
PERISHABLE VENDING MACHINE LICENSE
Canteen Company 6300 Penn Ave. S.
Iten Chevrolet 6701 Brooklyn Blvd.
M.T.C. 6845 Shingle Cr. Pkwy.
N.W. Bell 6540 Shingle Cr. Pkwy.
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Hoffman Engineering 6530 James Ave. N.
Interstate United Corp. 1091 Pierce Butler Rte.
State Farm Ins. 5930 Shingle Cr. Pkwy.
Maranatha Conservative Baptist Home 5401 69th Ave. N.
Northomation Systems 7421 Bush Lake Rd.
Brookdale Pontiac 6801 Brooklyn Blvd.
Northwest Microfilm, Inc. 1600 67th Ave. N.
Red Owl Stores, dba Country Store 5425 Xerxes Ave. N.
Servomation 7490 Central Ave. N.
Graco 6820 Shingle Cr. Pkwy.
Viking Pioneer Distr. 5200 West 74th Street 1�
LaBelles 5925 Earle Brwwn Dr.
Sanitarian
SPECIAL FOOD HANDLING LICENSE
Consolidated Toy Co. 6020 North Lindbergh Blvd.
Tay City Store 6000 Earle Brown Dr.
Snyder Bros. Drug Brookdale Shopping Ctr.�
Sanitarian
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JANUARY 26, 1981
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7 :03 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott. Also present were City Manager Gerald Splinter, Director of
Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning
and Inspections Ron Warren, Park and Recreation Director Gene Hagel, City
Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative
Assistants Brad Hoffman and Tom Bublitz.
INVOCATION
The invocation was offered by Pastor Ringhiser of the Brooklyn Center Church
of the Nazarene.
APPROVAL OF MINUTES - JANUARY 12, 1981
There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar
to approve the minutes of the City Council meeting of January 12, 1981 as
submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none, the motion passed unanimously.
OPEN FORUM
Mayor Nyquist noted the Council had not received any requests to use the Open
Forum session at this evening's meeting. He inquired of the audience if there
was anyone present who wished to use the Open Forum session, there being none,
he proceeded with the regular agenda items.
APPOINTMENT OF CONSERVATION OMMISSION CHAIRMAN
N C
Councilmember Scott reported that she had no recommendations regarding the
Chair of the Conservation Commission noting that she had been in discussion with
Commissioner Jensen and Commissioner Albright regarding the Chair of the
Commission. She added, there are two openings on the Conservation Commission
and that she presently has no applications but that if anyone is interested,
they should direct their inquiries to either herself or Brad Hoffman.
Mayor Nyquist reported that at 2 :00 p.m. on January 27, the Minneapolis
Chamber of Commerce will be holding a conference concerning metropolitan
transit and that any interested Council members can attend this meeting. He
also noted that he had received a copy of an ordinance recently prepared by
the City of Minneapolis regarding gold and silver buyers and was presenting it
to the Council for their information. The City Manager explained, the Police
Department staff is currently examining alternatives regarding the regulation
of gold and silver buyers in the area. He noted, the state legislature may
be addressing the problem this session which would provide regulation on a
state wide basis.
1 -26 -81 -1-
RESOLUTIONS
Councilnember Kuefler noted the presence of Madeleine Roche at this evening's
meeting and requested that the resolution recognizing her public service be
moved up on the agenda.
RESOLUTION NO. 81 -21
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MADELEINE ROCHE
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon. vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
Councilmember Kuefler stated that he believed CEAP would not have prospered as
much without the leadership of Madeleine Roche and that over the years CEAP and
Madeleine have brought a great benefit to the City and its residents. Mayor
Nyquist stated he would like to add the Council's personal thanks to Madeleine
Roche for her leadership in the CEAP organization.
The City Manager introduced the first two resolutions on the agenda, one calling
for a public hearing on an industrial development revenue bond proposal from
Federal Lumber and the other calling for public hearing on an industrial
development revenue bond proposal from Ryan C-cnstruction. He pointed out, the
proposal from Ryan Construction comprehends an office complex along Shingle
Creek Parkway directly across from the Civic Center and that the Federal
Lumber proposal involves the redevelopment of the Federal Lumber and President
Homes site. He added, the Federal Lumber proposal is accompanied by a site
and building plan which will be discussed later in the evening as a Planning
Commission item. He pointed out, Ryan Construction will have the site and
building plans prepared at the time of their public hearing. Administrative.
Assistant Hoffman noted the public hearings would be set at the February 23,
1981 City Council meeting.
RESOLUTION NO. 81 -22
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION
474.01, SUBDIVISION 7b
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said-
resolution was declared duly passed and adopted.
RESOLUTION NO. 81 -23
Member Gene Lhotka introduced the following resolution and moved its adoption:
1 -26 -81 -2-
RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution establishing Diseased Shade Tree
Removal Project No. 1981 -01, approving specifications for Diseased Shade Tree
Removal Project No. 1981 -01, and directing advertisement for bids for Contract
No. 1981 -A.
RESOLUTION NO. 81 -24
Member Celia Scott introduced the following resolution and moved its adoption
RESOLUTION ESTABLISHING DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO.
1981 -01, APPROVING SPECIFICATIONS FOR DISEASED SHADE TREE REMOVAL IMPROVEMENT
PROJECT NO. 1981 -01 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1981 -A)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution accepting change order no. l to
Contract 1980 -F (traffic signal installation at Humboldt Avenue North and
Freeway Boulevard). He explained, this change order will accommodate a future
right turn lane for eastbound Freeway Boulevard traffic onto southbound
Highway 100.
RESOLUTION NO. 81 -25
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1980 -F (TRAFFIC SIGNALS
AT HUMBOLDT AVENUE NORTH AND FREEWAY BOULEVARD)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a resolution approving supplemental agreements
nos. 3 and 5 to Contract 1980 -G (Shingle Creek Parkway and Humboldt Avenue
improvements). Councilmember Scott inquired why the changes were necessary
in the project. The Director of Public Works noted, in agreement no. 3,
changes in the paving on Humboldt Avenue and 65th are covered so that proper
drainage can be achieved. He explained, after the work in the field was
1 -26 -81 -3-
started, it was discovered that the drainage as stated in the plans would not
be workable and would have to be changed. He explained, in agreement no. 5,
due to inadequate information from old plans, the necessary changes were made
in the field.
Councilmember Lhotka inquired where the costs would be charged. The Director
of Public Works explained that the costs were City costs and that they were
chargeable to state aid. Councilmember Fignar inquired how the grade changes
came to be required. The Director of Public Works explained the plans were
not properly drawn and that this became apparent in the field. He added, the
cost increase because of the errors in the plans were only 1/3 of the added
costs, the remainder being due to inadequate information on drainage in the
area.
RESOLUTION NO. 81 -26
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENTS NOS. 3 AND 5 TO CONTRACT 1980 -G
(SHINGLE CRREK PARKWAY AND HU14BOLDT AVENUE NORTH)
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted. _
The City Manager introduced a resolution approving contract for professional
services for orthophoto mapping and stated it is recommended the City complete
this second step of the aerial mapping program. He explained, this step
produces pictures on an accurate 1" equals 100' scale with a quality which can
be used to show existing conditions on many engineering plans. He noted,
these pictures also provide valuable information for use by the City Planning
Department and by the City Assessor.
The Director of Public Works explained, the horizontal distances on these
pictures can be measured accurately and they are very useful for engineering
and planning purposes. Councilmember Lhotka inquired what the cost was for
mapping last year. The Director of Public Works stated the entire City was
flown last year, plus the City had contour maps done for the northeast quadrant
of the City. He explained, no additional photos will be taken this year and
that the pictures taken last year will be enlarged to an accurate scale,
noting the cost for the mapping last year, including the flying, was $10,000.
RESOLUTION NO. 81 -27
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CONTRACT FOR PROFESSIONAL SERVICES FOR ORTHOPHOTO MAPPING
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
1 -26 -81 -4-
The City Manager introduced a resolution approving subdivision agreements
. with Dominion Development Corporation regarding replat of Tract B of RLS 1405.
He referred Council members to division 5 of the subdivision agreement on
pages 4 and 5 and pointed out this section was proposed by the developer. He
pointed out, division 5 provides that if 50% or more of the interest in a
tract of land is sold to persons other than the original owners or partners,
then advance payment of all special assessments on the tract shall be made
upon the sale. The Council discussed the general provisions of division 5 of
the subdivision agreement. The City Attorney explained that in the past, the
City did not require that special assessments be paid at the time of a land
sale. He noted, a few months ago the Council approved a policy requiring
assessments to be paid when the property is sold. He explained, this sub-
division agreement before the Council tonight proposes that advance payment
of assessments be made only if 50% of the ownership goes from the original
owners. The City Manager explained, this policy is a tool or choice to be
made by the City Council and it is a question of whether the City wants to
finance future owners of property in Brooklyn Center. If not, he pointed out,
then the City would require the assessments be paid at the first sale of the
property.
RESOLUTION NO. 81 -28
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SUBDIVISION AGREEMENTS WITH DOMINION DEVELOPMENT CORPOR-
ATION REGARDING REPLAT OF TRACT B OF RLS 1405
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
DISCUSSION ITEMS
REVISION OF FIRE RELIEF ASSOCIATION BYLAWS
The City Manager noted that the discussion item regarding the Fire Relief
Association bylaws was scheduled for 7:30 p.m. and that representatives from
the Fire Relief Association, Jim McClure and Jay Hruska, were present at this
evening's meeting. The City Manager explained that he and the Director of
Finance had been meeting with the Fire Relief Association for the past six
months regarding the changes in the Fire Relief Association bylaws. He referred
Council members to the memorandum from the Director of Finance regarding the
amendments to the Fire Relief Association bylaws.
The Director of Finance proceeded to review the recommended changes in the
Fire Relief Association bylaws for Council members and pointed out that, in
1967, a special bill was passed for the Fire Relief Association in Brooklyn
Center to run the pension through the City. He explained the legislature
requires the Council to approve the bylaw changes when they include changes
in pension benefits. He added, in 1979, the state no longer set the maximum
limit on pension benefits for retired firefighters. The Director of Finance
• reviewed the recommended amendments, including an increase in the basic
monthly service pension at age 50 after 20 years service from $150 to $250
for firefighters active after December 31, 1980 and an increase in the basic
monthly service pension at age 50 after 20 years service by 33 -1/3% from $150
to $200 for firefighters inactive prior to January 1, 1981.
1 -26 -81 -5-
Councilmember Lhotka inquired when the last increase for pension benefits was
granted. The Director of Finance explained the last increase in the base
pension benefit was made in 1978 and increased the benefit from $125 to $150. •
The Director of Finance also reviewed other minor changes in the bylaws
unrelated to pension benefits. He noted, the state law requires the Mayor to
be the ex- officio member of the Fire Relief Association along with the City
Clerk, pointing out that this is a change in the law from when the Director of
Finance was eligible to be an ex- officio member.
RESOLUTION NO. 81 -29
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE
DEPARTMENT RELIEF ASSOCIATION
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
Jim McClure representing the Fire,Relief Association thanked the Council for
their consideration of these amendments to the bylaws and also thanked the
Director of Finance and the City Manager for their assistance over the past
several months in preparing the amendments.
RESOLUTIONS (CONTINUED)
`I"he City Manager introduced a resolution awarding insurance contracts and
pointed out that as late as four years ago the insurance market began to
experience a lack of competition. He added, in 1977 the League of Minnesota
Cities, at the urging of local government, created the League of Minnesota
Cities Insurance Trust. The LMCIT, he noted, is a joint powers organization
governed by a board of city officials representing participating cities. He
explained, the League of Minnesota Cities Insurance Trust provided competition
in the insurance market and the staff believes this led to the lowering of the
City's insurance premiums. He explained, the LMCIT seemed to have an effect
on the insurance market but it does need support and the staff is recommending
the City award the insurance contract to the League of Minnesota Cities
Insurance Trust in order to maintain the needed competition and to provide
the best coverage for the least amount of dollars.
Councilmember Lhotka stated, the Council has shown an interest in this concept
in the past and that he agrees with the Director of Finance and the City
Manager in their recommendations and would like to see the Council participate
in the League of Minnesota Cities Insurance Trust. In the long run, he pointed
out, it will hopefully save money for Brooklyn Center residents. The Director
of Finance pointed out that Councilmember Lhotka worked with our state
representatives to assure that the League of Minnesota Cities Insurance Trust
had a chance to start. He also noted, the League of Minnesota Cities Insurance
Trust does not have liquor liability coverage and that the City will have to
seek this coverage with the Home Insurance Company through the Fred James Agency.
•
i
1 -26 -81 -6-
L
RESOLUTION NO. 81 -30
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AWARDING INSURANCE CONTRACTS
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The Director of Finance stated he would also request the Council to authorize
him to add an endorsement onto the League of Minnesota Cities Insurance Trust
proposal for public officials liability.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to authorize the Director of Finance to add an endorsement on the
League of Minnesota Cities Insurance Trust proposal for public officials
liability. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none, the motion passed unanimously..
PUBLIC HEARING ON PROPOSED RE- ASSESSMENT OF IMPROVEMENT PROJECT 1978 -17 (WATER -
MAIN - BROOKDALE ESTATES)
The City Manger explained, the public hearing on the proposed re- assessment
constitutes the final action required to approve the negotiated settlement with
the owners of the Brookdale.Towers Apartments and a resolution granting formal
Council approval for this re- assessment is provided for consideration by the
Council.
Mayor Nyquist opened the meeting for the purposes of a public hearing on the
proposed re- assessment of Improvement Project 1978 -17 and inquired if there
was anyone present in the audience who wished to speak at the public hearing
either for or against the proposed re- assessment. The City Attorney discussed
and reviewed the history of the project with Council members and noted he had
talked to Mr. Ryan, the attorney for Brockdale Towers, and that the proposed
re- assessment was agreeable to him and his clients. He noted the project
involves a watermain which was installed in 1978. Mayor Nyquist inquired if
there was anyone else present who wished to speak at the public hearing, there
being none, he entertained a motion to close the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler
to close the public hearing on the proposed re- assessment of Improvement
Project 1978 -17. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously.
RESOLUTION NO. 81 -31
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION RE- ASSESSING WATERMAIN IMPROVEMENT NO. 1978 -17 ON LOT 3, BLOCK 1,
HORBAL ADDITION
1 -26 -81 -7-
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM BYERLY'S
FOODS
Mayor Nyquist noted it was the appointed time on the agenda for the public
hearing on the industrial development revenue bond proposal from Byerly's
Foods. The City Manager noted that the Planning Commission items at this
evening's meeting included the site and building plan review for Byerly's
Foods. He referred Council members to Administrative Assistant Hoffman's
memorandum regarding the staff review of Byerly's IDR_
Councilmember Kuefler noted that, in the site and building plan submitted,
there was the potential of between 72,000 and 90,000 square feet for the store.
He inquired what would be cut from the store if it were built to the 72,000
square foot specifications as opposed to the 90,000. Mr. Jim Ryan, representing
Ryan Construction, the contractor for Byerly's noted that Byerly's Edina store
is 65,000 square feet while the St. Louis Park store is significantly larger
since it has many specialty shops in addition to the grocery store and the
restaurant. He explained, a final decision on the Brooklyn Center store re-
garding the specialty shops has not been made yet and this is why the option
is left open to go to the 90,000 square feet. Councilmember Lhotka inquired
whether the $10 million represents the total cost of the project. Mr. Ryan
explained it was and that an inflation factor is included in this $10 million
and that it is an outside figure which includes the specialty shops option.
Mayor Nyquist opened the meeting for the purposes of a public hearing on the
industrial development revenue bond proposal from Byerly's Foods. He inquired
whether there was anyone present who wished to speak either against or for the
application. No one appeared to speak.
Councilmember Kuefler inquired of the staff whether the previous IDR proposals
have included the land costs in the total cost of the project. Administrative
Assistant Hoffman stated that all included the land cost in the cost of the
project except Cass Screw and Dale Tile. Except for Medtronic, he pointed out,
all applicants have asked for 100% financing but generally they must accept
less than 100% when they seek 100% financing from lenders. Councilmember
Fignar stated, it is apparent that the applicants of the IDR's in Brooklyn
Center will have equity in their projects when they are proposed. The City
Manager stated that this would generally be true but it depends on how they
arrange the financing with the mortgagor. Mr. Leonard Champer, representing
Juran & Moody, Inc., and Byerly's Foods, stated that the the amount of financing
is a function of credit. As an example, he pointed out, a company like 3M can
obtain 100% financing whereas a smaller developer can usually get between 80
to 85 He explained, larger corporations are usually able to obtain 100%
financing.
At the City Manager's suggestion, the Council concurred to defer action on the
Byerly's Foods IDR until after the Planning Commission item is presented.
1 -26 -81 -8-
PLANNING COMMISSION ITEMS
The City Manager introduced Planning Commission Applications Nos. 81001 and
81002 submitted by Federal Lumber. He pointed out, Application No. 81001 has
been submitted for site and building plan approval to construct a 49,056 gross
square foot office, warehouse and three accessory open storage sheds at 4810
North Lilac Drive. Application No. 81002, he stated, was for preliminary plat
approval to combine into one parcel all of the land occupied by the Federal
Lumber operation. He pointed out, redefinition of North Lilac Drive right -of-
way is involved and that the Planning Commission recommended approval of both
applications at its January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 2 through 6 of the minutes of the January 15, 1981 Planning
Commission meeting and also the Planning Commission information sheets pre -
pared for Applications 81001 and 81002.
The Director of Planning and Inspections reviewed the location of the site and
the site and building plan submitted by the applicant. He also reviewed for
Council members the proposal to vacate a portion of North Lilac Drive and
pointed out the Planning Commission recommended approval of Application No.
81001 subject to 14 conditions which he reviewed for Council members. He pointed
out, condtions 10 -a and 10 -b can be eliminated from the Council's consideration.
The Director of Planning and Inspections pointed out, the Planning Commission
recommended approval of Application No. 81002 subject to 5 conditions which he
reviewed for Council members.
The Director of Public reviewed i members the proposal to vacate
u c Works r v ewed for Council ro
i Pp
the portion of North Lilac Drive and stated the procedure would be to vacate a
portion of the roadway, grant a quit claim deed to the applicant, and dedicate
the necessary part of the right -of -way for a cul -de -sac.
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81002. He inquired if there was anyone present who wished to
speak to the application. No one appeared and Mayor Nyquist entertained a
motion to close the public hearing on Application No. 81002.
There was a motion by Councilmember Fignar and seconded by Councilmember
Kuefler to close the public hearing on Application No. 81002. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember Fignar
to approve Application No. 81001, a request for site and building plan approval
to construct a 41,056 square foot office warehouse building and three accessory
open storage sheds at 4810 North Lilac Drive, subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
• 2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer prior to the issuance of permits.
1 -26 -81 -9-
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 mechnical equip-
ment shall be appropriately screened from view.
5. All new buildings over 2,000 square.feet shall 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. Smoke detectors shall be installed in all accessory structures per
the direction of the Fire Chief.
7. An underground irrigation system shall be installed in all land-
scaped areas to facilitate site maintenance.
B. Plan approval is exclusive of all signery which is subject to
Chapter 14 of the City Ordinances.
9. B612 curb and gutter shall be provided around all parking and
driving areas used by the general public.
10. The applicant shall enter into a standard utility maintenance agree -
ment with the City.
11. Plan approval acknowledges the enlargement of the green strip
adjacent to Highway 100 right -of -way to the ordinance required 15'
rather than the 5' which presently serves as boulevard for Lilac
Drive. The rolled bituminous curb shall be replaced with B612 curb
and gutter at the new location.
12. The final plat shall be approved by the City Council and be filed
with the County prior to the issuance of building permits.
13. The plan approval acknowledges a "proof of parking" that meets the
ordinance requirements. If it is determined that the installed
parking proves inadequate, the City may require the installation of
any or all of the deferred parking indicated on the site plan.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember
Kuefler to approve Application No. 81002, a request for preliminary plat
approval to combine into one parcel all of the land occupied by Federal Lumber
and comprehending a redefinition of the North Lilac Drive right -of -way, sub-
ject to the following conditions:
1. The final plat is subject to� approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the •
City Ordinances.
1 -26 -81 -10-
�I
3. Prior to consideration by the City Council, the final plat shall be
modified to indicate a 90' diameter cul -de -sac at the southwest
corner of the site per City Engineer recommendations and the vacation
of the existing North Lilac Drive right -of -way.
4. The applicant shall grant the City a utility easement over the
existing North Lilac Drive and shall enter into a standard utility
maintenance agreement with the City.
5. The applicant shall grant the City an access easement over the middle
driveway leading to the parking area on the Highway 100 right -of -way
to allow City maintenance vehicles to turn around in said area.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: g st: none the motion n passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar
to offer for first reading an ordinance vacating a portion of North Lilac Drive.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager introduced Applications Nos. 81003 and 81004 submitted by
Meriwether Restaurants, Inc. He explained, Application No. 81003 is for site
and building plan approval to construct a 238 seat restaurant on the parcel
of land located at the southwest corner of Shingle Creek Parkway and Freeway
Boulevard and Application No. 81004 is for preliminary RLS approval establishing
new boundaries for the parcel of land at the southwest corner of Shingle Creek
Parkway at Freeway Boulevard after the highway taking. He added, the Planning
Commission recommended approval of Applications Nos. 81003 and 81004 at its
January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 6 through 9 of the Planning Commission minutes of the January 15,
1981 meeting and also the Planning Commission information sheets prepared for
Applications 81003 and 81004. He proceeded to review the location of the
subject parcel and reviewed a transparency of the site plan. He pointed out,
the Planning Commission recommended approval of Application No. 81003 subject
to 13 conditions which he reviewed for Council members.
There was a general discussion among Council members of the application and a
presentation of the building plans was made by Mr. Nelson, representing the
applicant. Mr. Nelson explained the anticipated opening date for the restaurant
is September 1, 1981. He explained, this will be the first Meriwether Restau-
rant in the metro area and noted there is now one restaurant in Detroit and
one in Chicago under construction.
Mayor Nyquist opened the meeting for the purpose of a public hearing on the
special use permit request on Application No. 81003. He inquired if there was
anyone present who wished to speak to the application. No one appeared and
Mayor Nyquist entertained a motion to close the public hearing.
There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka
to close the public hearing on Application No. 81003. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none, the motion passed unanimously.
1 -26 -81 -11-
There was a motion by Counciimember Lhotka and seconded by Councilmember Scott
to approve Application No. 81003, a request for site and building plan approval
and a special use permit to construct a 238 seat restaurant on the parcel of
land located at the southwest corner of Shingle Creek Parkway and Freeway
li Boulevard and offering live entertainment, 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. The special use permit is issued to the applicant as operator of
the facility and is nontransferable.
5. The permit is subject to all applicable codes, ordinances, regula-
tions and violation thereof shall be grounds for revocation.
6. The special use permit acknowledges light live entertainment such as
a piano player, guitarist, or roving minstrels for background music,
but does not comprehend bands, dancing, etc. which will require an
1 I
add t onal special use permit.
P P
7. Any outside trash disposal facilities and rooftop mechanical equip-
ment shall be appropriately screened from view.
8. 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.
9. An underground irrigation system shall be installed in all landscaped
areas to facilitate site maintenance.
10. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
11. B612 curb and gutter shall be provided around all parking and driving
areas.
12. The plans shall be modified to indicate a fire hydrant at the easterly
entrance on Freeway Boulevard.
13. The plans shall comprehend a sidewalk to provide pedestrian access to
this site from adjacent sidewalks. The staff is directed to prepare
a report and recommendation to the City Council regarding whether the
City's sidewalk network should be expanded to include sidewalk along
the southerly Freeway Boulevard right -of -way.
1- 2.6 -81 -12-
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81004. He inquired if there was anyone present who wished to
speak to the application. No one appeared to speak and Mayor Nyquist enter-
tained a motion to close the public hearing.
There was a motion by Councilmember Lhotka and seconded by Councilmember
Kuefler to close the public hearing on Application No. 81004. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember
Kuefler to recommend approval of Application No. 81004, a request for preliminary
RLS approval establishing new boundaries for the parcel of land at the southwest
corner of Shingle Creek Parkway and Freeway Boulevard following highway taking,
subject to the following conditions:
1. The final RLS is subject to the approval of the City Engineer.
2. The final Rls is subject to the provisions of Chapter 15 of the City
Ordinances.
3. Building permits will not be issued until the RLS is finaled and
filed with the County.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager introduced Application No. 81005 submitted by Lisa Rogers
Carter for a special use permit to conduct a home occupation in the basement
of the residence at 5308 Humboldt Avenue North. He noted, the Planning
Commission recommended approval of Application No. 81005 at its January 15,
1981 meeting.
g
The Director of Planning and Inspections presented and reviewed for Council
members pages 9 through 10 of the Planning Commission minutes of the January 15,
1981 meeting and also the Planning Commission information sheet prepared for
Application No. 81005. He reviewed the special use permit application and the
location of the subject parcel for Council members. He noted the Building
Official inspected the premises and noted that some electrical work had been
done without a building permit and that the work did not meet code. He stated
the staff is recommending that this be corrected before the application is
approved.
He indicated proper notices had been sent regarding the public hearing on the
special use permit and that the applicant was present at this evening's
meeting. Fie added, the Planning Conunission recommended approval of the applica-
tion subject to 7 conditions which he reviewed for Council members. Council- "
member Lhotka inquired whether it is standard procedures to require an exit'as
one of the conditions for a business of this nature. The Director of Planning
1 -26 -81 -13-
and Inspections stated that it was often required and that the Building Official
may require the exit signs, adding that this can be added to condition no. 6
of the Planning Commission conditions.
Mayor Nyquist recognized the applicant who stated that the building permit for
the electrical work had been taken out and that she has obtained a bid for this
work.
Mayor Nyquist inquired whether there was anyone else who wished to speak to the
application. No one appeared anJ he entertained a motion to close the public
hearing. There was a motion by Councilmember Scott and seconded by Council -
member Lhotka to close the public hearing on Application No. 81005. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar
to approve Application No. 81005, a request for a special use permit for a home
beauty shop in the basement of the residence at 5308 Humboldt Avenue North,
subject to the following conditions:
1. The permit is issued to the applicant as operator of the facility and
is nontransferable.
2. The permit is subject to applicable codes, ordinances, and regulations
and violation thereof shall be grounds for revocation.
3. A copy of the applicant's current state operator's license shall be
kept on file with the City.
4. All parking associated with the special use shall be off - street on
space provided by the applicant.
5. The hours of operation shall be limited to Monday through Friday,
noon to 8:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. Service shall
be provided on an appointment only basis.
6. The applicant shall install a fire extinguisher in the beauty shop
room and shall separate that room from other areas of the basement
with a curtain or door. An exit sign shall be posted indicating the
egress to the outside from the beauty shop room.
7. The applicant shall correct all remodeling and electrical work in
the basement area which does not meet code requirements prior to the
issuance of,the special use permit.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager introduced Application No. 81006 submitted by Ryan Oldsmobile
for site and building plan and special use permit approval to construct a used
car sales office and a Mazda sales office connected to the existing sales
building by a canopy, at 6700 Brooklyn Boulevard. He noted, the Planning
Commission recommended approval of Application No. 81006 at its January 15,
1981 meeting.
1 -26 -81 -14-
The Director of Planning and Inspections presented and reviewed for Council
members pages 10 through 11 of the minutes of the January 15, 1981. Planning
Commission meeting and also the Planning Commission information sheet prepared
for Application No. 81006.
The Director of Planning and Inspections reviewed for Council members the
location of the subject parcel and also the site and building plan proposed.
He noted, the Planning Commission held a public hearing on Application No.
81006 and that the proper notices had been sent regarding the special use
permit request.
The Director of Planning and Inspections pointed out that-the Planning Commission
recommended approval of Application No. 81006 subject to 5 conditions which
he reviewed for Council members.
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81006 and inquired if there was anyone present who wished to
speak to the application. No one appeared to speak and Mayor Nyquist enter-
tained a motion to close the public hearing.
There was a motion by Councilmember Fignar and seconded by Councilmember Scott
to close the public hearing on Application No. 81006. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none, the motion passed unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka
to approve Application No. 81006, a request for a site and building plan and
special use permit approval to construct a used car sales office and a Mazda
sales office, each connected to the exiting sales building by a canopy at
6700 Brooklyn Boulevard, subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official prior to the issuance of permits.
2. The two upper floors and the new sales offices shall be equipped
with an automatic fire extinguishing system in accordance with NFPA
standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
3. The special use permit as amended is issued to the applicant as
operator of the facility and is nontransferable.
4. The permit is subject to all applicable codes, ordinances, reaulations
and violation thereof shall be grounds for revocation.
5. Plan approval is exclusive of all signery which is subject to the
provisions of the Sign Ordinance.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Attorney left the table at 9:40 p.m.
1 -26 -81 -15-
The City Manager introduced Applications Nos. 81007 and 81008 submitted by
Ryan Construction /Byerly's Foods. He explained, Application 81007 was for site
and building plan approval to construct a 90,000 square foot food store with a
200 seat restaurant at 6100 Shingle Creek Parkway, and Application 81008 was
for preliminary RLS approval to combine into two parcels the land north and
west of LaBelle's, north of John Martin Drive, east of Shingle Creek Parkway
and south of Summit Drive. He pointed out, the Planning Commission recommended
approval of Applications 81007 and 81008 at its January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 11 through 14 of the Planning Commission minutes of the
January 15, 1981 meeting and also the Planning Commission information sheets
prepared for Applications 81007 and 81008.
The Director of Planning and Inspections reviewed the location of the subject
parcel and also the proposed accesses to the site along with the grading and
landscaping plans for the project. He noted, the staff suggested the pre-
liminary plat account for the maximum square footage planned for the building
since it is relatively easier to scale down the project than it is to increase
it in size. He added, the Planning Commission recommended approval of
Applications 81007 and 81008 subject to conditions which he reviewed for
Council members.
He added, proper notices of the preliminary plat review have been sent and
that the applicant is present at this evening's meeting. _
Mayor Nyquist opened the meeting for the purpose of a public hearing on
Application No. 81007 and inquired if there was anyone present who wished to
speak to the application. No one appeared to speak and Mayor Nyquist enter-
tained a motion to close the public hearing.
There was a motion by Councilmember Lhotka and seconded by Councilmember
Kuefler to close the public hearing on Application No. 81007. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar
to approve Application No. 81007, a request for a site and building plan
approval to construct a 90,000 square foot food store with a 200 seat
restaurant at 6100 Shingle Creek Parkway, subject to the following conditions:
1. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of
permits.
2. Grading, drainage, utility and berming plans are subject to review
and approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarnatee (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.
1 -26 -81 -16-
4. Any outside trash disposal facilities and rooftop mechanical equip-
ment shall be appropriately screened from view
5. The building is to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
8. B612 curb and gutter shall be provided around all driving and parking
areas.
9. Plan approval acknowledges a "proof of parking" meeting ordinance
requirements. Should it be determined in the future that installed
parking is insufficient to meet the public demand, the City may
require installation of additional parking stalls (or restriping)
to achieve the ordinance requirement of 623 spaces.
10. The proposed RLS shall have received final approval from the City
Council and filed at the County prior to the issuance of building
permits.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember
Kuefler_ to approve Application No. 81008, a request for preliminary RLS approval
to create two parcels of land west and south of LaBelle's, north of John Martin
Drive, east of Shingle Creek Parkway, south of Summit Drive, subject to the
following conditions:
1. The final plat is subject to the approval of the City Engineer.
2. The final plat is subject to the requirements of Chapter 15.
3. An easement across the northeasterly edge of Tract B shall be filed
with the final RLS to provide access from John Martin Drive to the
Byerly's store.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
CONTINUATION OF PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL
FROM B FOODS
Mayor Nyquist noted that the public hearing on the industrial development
revenue bond proposal from Byerly's Foods would be continued. Councilmember
Lhotka requested to know why the Council set the original $6 million limit on
IDR's. The Director of Finance stated that at the time the Council set the
limit, the City was new to the area of IDR's and wanted to assess the experience
with them gradually. The City Manager pointed out that virtually all other
1 -26 -81 -17-
cities dealing with IDR's have abandoned such dollar limits and that essentially
the Council has traded the dollar limit for evaluating each project c on its own
merit.
The City Attorney returned to the table at 9:50 p.m.
The City Manager pointed out, the staff believes the Council should judge each
project on its own merit, adding that interest rates have continued to remain
high which is the major reason why IDR's are virtually the only construction
occuring in the state in terms of commercial development.
Councilmember Lhotka stated he would request the Council to evaluate the status
of the City's involvement with IDR's at an upcoming meeting. The City Manager
stated, the staff would request some direction from the Council regarding those
IDR applications already under way. Councilmember Lhotka stated he would like
the Council to examine the current status of the IDR's but that this would not
necessarily imply placing conditions on granting future IDR's.
Councilmember Kuefler inquired of the applicant when the store would be opening.
The applicant stated the Byerly's store would be planned for opening in late or
middle 1983.
Mayor Nyquist inquired if there was anyone else present who wished to speak at
the public hearing, there being none, he entertained a motion to close the
public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka
to close the public hearing on the industrial development revenue bond proposal
from Byerly's Foods. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously.
.RESOLUTION NO. 81 -32
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF
SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS
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, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RECESS
The Brooklyn Center City Council recessed at 9:55 p.m. and reconvened at
10:15 P.M.
CONTINUATION OF PLANNING COTU4ISSION ITEMS
The City Manager introduced Application No. 81009, submitted by Thomas Wilhelmy,
noting that this item was an appeal from the decision by the Director of Planning
and Inspections not to accept an application for a special use permit to •
1 -26 -81 -18-
construct a convenience store /gas station at the northeast corner of 69th and
i Brooklyn Boulevard. He added, the property in question abuts R -1 zoned land
at a property line and across June Avenue North, conditions which prohibit a
gas station use on C -2 zoned property. The City Manager noted, the Planning
Commission recommended denial of the appeal at its January 15, 1981 meeting.
The Director of Planning and Inspections presented and reviewed for Council
members pages 14 through 18 of the Planning Commission minutes for the
January 15, 1981 meeting and also the Planning Commission information sheet
prepared for Application No. 81009. He stated, the applicant is appealing
an action of the Director of Planning and Inspections and that the land
in question is zoned C -2 and its abutment to R -1 property means that a special
use permit could not be permitted under the provisions of the zoning ordinance.
The Director of Planning and Inspections reviewed the subject parcel for
Council members and noted the appeal of the applicant is on two counts, one
being that the secretary of the Planning Commission does not have authority
to refuse to accept an application for a special use permit, the other beina
the interpretation of the zoning ordinance made by the Director of Planning
and Inspections. Regarding the first point in the applicant's appeal, the
Director of Planning and Inspections noted there is no law prohibiting the
action of denying an application by the Director of Planning and Inspections.
He pointed out that to be required to accept any and every application which
must ultimately be denied by the City Council, absent a change in the Zoning
Ordinance, would place an unreasonable burden on the Planning Commission, City
Council, and even the applicant. He added that one basic requirement before
an application can be accepted is compliance of the use itself to the
restrictions in the ordinance. He noted the Planning Commission and City
Council have upheld a similar decision to not accept an application under
Planning Commission Application No. 79037 submitted by Howe Fertilizer. He
added that in cases where the interpretation of the Zoning Ordinance is the
first and foremost question to be resolved, the appropriate procedure for
resolution is the appeal process.
Regarding the second point of the applicant's appeal, he noted the applicant
is contending that the project proposed by the application is a store, not a
service station, and thus is a permitted use in the C -2 zone. He stated, the
staff position is that the definition in the Zoning Ordinance encompasses a
combination service station /convenience store as a service station subject to
the conditions and restrictions imposed. The applicant, he pointed out, states
that in order to be classified as a service station, the business must offer
such items as battery, tire and other similar services which the proposed
business in Application 81009 will not be providing. He pointed out, the staff
would contend that the inclusion of these type of activities in the service
station definition are an option and would not be a necessary function of a
service station. He noted that the City has always treated the retail sale of
gasoline as a special use, whether it was in conjunction with the service and
repair of motor vehicles; whether it was in conjunction with the sale of food
or other items such as O.K. Tire, SuperAmerica, 7- Eleven, O Petroleum; or as
an activity by itself such as at the old Shoppers City Gas Station or Pyramid
Gas Station. He pointed out that additions or alterations must conform to the
Zoning Ordinance requirements and to the conditions specified in Section 35 -111
regarding nonconforming uses. He noted that the existing O.K. Tire is a
nonconforming use because it abuts residentially zoned property and, therefore,
cannot be expanded to occupy a greater land area or moved to any other part of
the parcel of land on which it occupies. He stated that the end result of the
1 -26 -81 -19-
applicant's proposal, provided a rezoning was granted, would result in a service
station abutting R -1 zoned property at a street line, and possibly at a property
line, which is not allowed by the Zoning Ordinance and, thus, the application
was not accepted.
The Director of Planning and Inspections noted there was a lengthy discussion
concerning the application at the January 15, 1981 Planning Commission meeting
and that the Planning Commission unanimously recommended denial of the
applicant's appeal. He noted there was no public hearing required for this
application but that the applicant was present this evening.
Councilmember Fignar inquired whether the proposed facility in the application
was similar to the SuperAmerica station at 57th and Logan. The Director of
Planning and Inspections stated the proposed station would be similar to the
SuperAmerica station.
Mayor Nyquist recognized Mr. Tom Wilhelmy, the attorney representing the
applicant. Mr. Wilhelmy stated his client was seeking to develop a Western
store on the corner of 69th and Brooklyn Boulevard and that the proposed store
is unlike a SuperAmerica
or Holiday Station in that these stations have a
larger line of products, whereas his client concentrates on food and apothecary
items. He explained, the proposed site is a busy area and could not be
considered a quiet residential area. Mr. Wilhelmy - reviewed the current uses
on the site including O.K. Tire, a flower shop, and a TV repair business. He
noted the estimated market value of the proposed Western store would be between
$250,000 and $300,000 and that the projected taxes would be $9,000 or approxi-
mately three times the current amount realized from that site.
He explained, there are essentially three issues involved in his appeal, the
first being that no authority is given to the Director of Planning and
Inspections to reject an application and that the state enabling act vests
this power with the City Council. He stated, the second point of his appeal
involves the question of whether the proposed use constitutes a service
station. He noted the definition of the service station in the Zoning Ordinance
discusses the problems and concerns of service stations in that they are very
noisy places of business usually with cars to be repaired standing outside
the service station building. He reviewed the case of Minneapolis vs.
Southland Corporation and pointed out, the court, in this case, found that
the 7- Eleven store did not constitute a service station simply because it had
gas pumps and that the City could not prevent a 7- Eleven store from having
gas pumps. He noted the Western store is not a traditional service station
and that his i '
cl ent s use falls into the automotive sales area but not into
the traditional service station functions in that no cars would be waiting
outside to be repaired, since there would be no repair work performed on the
site. He noted, redevelopment of this parcel would be an asset to the City
and would provide a needed service. The third point of his appeal, he pointed
out, dealt with nonconforming uses. He noted Section 35 -414 subsection 11 of
the Zoning Ordinance dealt with nonconforming use and that it recognizes a
particular problem with automobiles and added that Section 35 -414 conflicts
with Section 35 -111. He stated, the focus of the Zoning Ordinance is on uses
of the property and not of the products sold thus the restrictions on a
traditional service station should not be placed on the project proposed by
his client.
1 -26 -81 -20-
Councilmember Fignar inquired whether the SuperAmerica Station at 57th and Logan
abuts an R -1 zone and was this a precedent setting case. The City Attorney
noted that, in the SuperAmerica application, both the City and the applicant
agreed the use was a service station and that the argument arose regarding
whether the station fronted on Logan or 57th. He stated, this situation has no
bearing on the matter before the Council this evening. He added, the kind of
merchandising the applicant refers to occurs at other sites throughout the City
and they are classified as service stations. The Director of Planning and
Inspections pointed out that after the SuperAmerica case, the current Section
35 -414 of the Zoning Ordinance was put in to address the situation where a
service station would abut an R -1 zone. Councilmember Fignar stated he does
not view this proposed project as significantly different than the 57th and
Logan situation. He stated his concern about the project would be related to
light splash from the proposed store, potential traffic problems within the
site and hours of operation. Mayor Nyquist recognized Mr. Wilhelmy who pro-
ceeded to review the proposed site plan of the Western store for Council members.
Councilmember Kuefler requested the City Attorney to comment on the action of
the Director of Planning and Inspections not accepting the application. The
City Attorney stated, there is no specific language in the Zoning Ordinance
addressing this situation but that the state law says an administrative decision
can be appealed by an applicant. He added, when an application is submitted
which does not fit into the ordinance, the Director of Planning and Inspections
has two choices, one of which is to reject the application and the other is to
bring forward the applicant's program and attempt to work it into the ordinance,
to make it appear to fit into the ordinance, thus making it something it is not
in reality. The City Attorney noted that the Director of Planning and Inspec-
tions method is the former, that of rejecting the application_, and is the most
straightforward approach to the problem. He stated he does not believe the
Director of Planning and Inspections acted wrongfully in this situation,
particularly in light of the fact that the matter is before the Council regarding
the ordinance interpretation. He added that the ordinance may be due for an
amendment. Councilmember Kuefler inquired whether the Council's past actions
on these types of projects would act as a clarifier of the ordinance in this
case. The City Attorney explained the Council has classified similar operations
as service stations in the past and that these actions would tend to clarify
the ordinance. Councilmember Scott stated she would view the operation as a
gas station particularly in consideration of the amount of gallons allocated
to the applicant. She added, she would support the Planning Commission's
recommendations pointing out that the primary function of this project would
be dispensing gas.
Mayor Nyquist recognized Mr. Wilhelmy who addressed the Council and stated he
does not believe an ordinance change is necessary in this situation when he
feels the current ordinance would permit his client's project. The City
Attorney noted that, regarding the definition of a service station, it should
be done by an ordinance change and not by defining this particular project
differently than the Council has defined service stations in the past.
Mayor Nyquist inquired what the Council's wishes were on this item and there
was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
1 -26 -81 -21-
uphold the Director of Planning and Inspections' decision on Application 81009
and noting that the motion is made with regard to the following three points.
1. The Secretary does have authority not to accept an application that
does not comply with the Zoning Ordinance.
2. The proposed use is a gasoline service station as defined by the
Zoning Ordinance and approval of a special use would be a zoning
violation.
3. The existing gasoline service station is not exempt from the non-
conforming use provision of Section 35 -111 prohibiting the use from
being moved to another part of the parcel of land or to be expanded
beyond its existing premises.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott.
Voting against: Councilmember Fignar, the motion passed.
RESOLUTIONS CONTINUED
RESOLUTION NO. 81 -33
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BROOKLYN
CENTER AND SUBURBAN COMMUNITY SERVICES
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 81 -34
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF LITTER RECEPTACLES
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 81 -35
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID FOR SELF- PROPELLED LINE MARKING MACHINE
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
1 -26 -81 -22-
RESOLUTION 140. 81 -36
• Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF ALUMINUM STREET SIGNS
' The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 81 -37
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACKNOWLEDGING DONATION FROM FARMERS AND MECHANICS SAVINGS BANK
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RES NO. 81 -38
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ENDORSING AND SUPPORTING THE MINNESOTA RIDESHARE PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill. Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
The City Manager introduced a handout resolution authorizing the City Engineer
to retain the service of Soil Testing Services of Minnesota, Inc. for sub-
surface soil analysis on Xerxes Avenue North and 63rd Avenue North.
RESOLUTION NO 81 -3
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY ENGINEER TO RETAIN THE SERVICES OF SOIL TESTING
SERVICES OF MINNESOTA, INC. FOR SUBSURFACE SOIL ANALYSIS ON XERXES AVENUE NORTH
AND 63RD AVENUE NORTH
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
i
1 -26 -81 -23-
DISCUSSION ITEMS CONTINUED
REVOCATION OF PRELIMINARY IDR APPROVAL FOR DALE TILE
The City Manager referred Council members to a memorandum from Administrative
Assistant Hoffman dated January 22, 1981 which addressed this item. He stated,
the staff is recommending that Dale Tile pay the entire $2,000 application fee.
Councilmember Kuefler inquired whether the applicant was aware of the $2,000
fee at the time of the application. Administrative Assistant Hoffman stated
the applicant was aware of the $2,000 fee. Councilmember Kuefler suggested
indicating the full fee to the applicant but only charging for the actual
expenses incurred by the City related to this application. Administrative
Assistant Hoffman pointed out, the City Attorney's fees will be in addition to
the $2,000. The City Manager suggested authorizing the staff to bill the
current City expense and also to rescind the preliminary approval for the IDR
since Dale Tile has failed to pursue this project since receiving their
preliminary approval.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to authorize the staff to bill Dale Tile for the current City expenses
incurred for the industrial development revenue bond application of Dale Tile
and also to rescind approval of the industrial development revenue bond
proposal from Dale Tile. voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed
unanimously.
PRELIMINARY REVIEW OF THE 1981 PUBLIC IMPROVEMENT PROGRAM
The Director of Public Works noted that the purpose of this preview is to
advise the Council that the Public Works Department is working on preliminary
reports and designs covering these projects and that they invite any comments
regarding the projects. The Director of Public Works proceeded to review
and show transparencies of the various public improvement projects proposed
for 1981 including, Shingle Creek Parkway - County Road 10 to I -94 geometric
improvements, reconstruction of Xerxes Avenue between County Road 10 and
T.H. 100, 55th Avenue from Xerxes to Brooklyn Boulevard and 56th Avenue from-
Xerxes to Brooklyn Boulevard, reconstruction of 63rd Avenue North from Brooklyn
Drive to Beard Avenue, neighborhood park improvements, and 51st Avenue water
and sanitary sewer installation, west of Twin Lake Boulevard.
1981 LEGISLATIVE PROGRAM
The City Manager referred Council members to a memorandum from Administrative
Assistant Hoffman reviewing four major areas of concern with regard to
legislative proposals for 1981, including establishment of a municipal speed
limit, fire sprinkler statutes, 73rd and the River Road improvements, and the
energy conservation program. The City Manager also reviewed prospects for
1981 state aids pointing out that the Governor will likely recommend no
increase in the state aids. He added, other bills such as amendments to the
tax increment financing law will likely limit the law's flexibility. He noted
that, with regard to data privacy regulations, there will likely be changes
made in those laws by the 1981 legislature.
GAMBLING LICENSES
The City Manager noted, the City had received two applications for gambling
licenses, one from the American Little League Baseball Program and the other
from Orchard Lane Parent - Teachers Association.
1 -26 -81 -24-
There was a motion by Councilmember Lhotka and seconded by Councilmember
Kuefler to approve a Class B gambling license for the American Little League
Baseball Program. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none, the motion passed
unanimously.
There was a motion by Councilmember Fignar and seconded by Councilmember
Scott to approve the waiver of a $10,000 fidelity bond on the Class B gambling
license for the American Little League Baseball Program. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none, the motion passed unanimously.
There was a motion by Councilmember Scott and seconded by Councilmember
Lhotka to approve the application for a Class A gambling license from the
Orchard Lane Parent- Teacher Association. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none,
the motion passed unanimously.
There was a motion by Councilmember Kuefler and seconded by Councilmember
Fignar to approve the waiver of the $10,000 fidelity bond for the Class A
gambling license for the Orchard Lane Parent - Teacher Association. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none, the motion passed unanimously,
LICENSES
There was a motion by Councilmember Lhotka and seconded by Councilmember
Scott to approve the following list of licenses:
1
BAKERY FO OD VEHICLE LICENSE
Good Earth Restaurant 5717 Xerxes Ave. N.
CAT VEHICLE LICENSE
Brooklyn Center Community Center 6301 Shingle Creek Pkwy.
CIGARETTE LICENSE
Miernik Vending 7251 Commerce Circle
Hiawatha Rubber 3.700 67th Ave. N.
FO ESTABLISHME LICENSE
Baski.n Robbins - 31 Flavors Brookdale Shopping Ctr.
Big -Bi Service Station 5710 Xerxes Ave. N.
Bridgeman Creameries 8151 Normandale Blvd.
Bridgeman's 1272 Brookdale Shopping Ctr.
Bridgeman's 6201 Brooklyn Blvd.
Brook Park Baptist 4801 63rd Ave. N.
Brookdale Christian Center 6120 Xerxes Ave. N.
Brookdale Christian Center 6030 Xerxes Ave. N.
Brookdale Covenant Church 5139 Brooklyn Blvd.
Brooklyn Center Baptist Church 5840 Humboldt Ave. N.
Brooklyn Center Community Center 6301 Shingle'Creek Pkwy.
Brooklyn Center Country Boy 4401 69th Ave. N.
Brooklyn Center High School 6500 Humboldt Ave. N.
1 -26 -81 -25-
Burger King 6110 Brooklyn Blvd.
Chuck Wagon Inn 5720 Morgan Ave. N.
C.E.A.P. 7231 Brooklyn Blvd.
Country Club Market 5715 Morgan Ave. N.
Cross of Glory Church 5940 Ewing Ave. N.
Dayton's 1100 Brookdale Shopping Ctr.
Donaldson's 1200 Brookdale Shopping Ctr.
Earle Brown Bowl 6440 James Circle
Earle Brown Elementary School 5900 Humboldt Ave. N.
Evergreen Park Elementary School 7020 Dupont Ave. N.
Faith Community Church of God 6630 Colfax Ave. N.
Food Enterprises, Inc. 1200 Multifoods Bldg.
Hickory Farms Brookdale Shopping Center
Mr. Stuart Ackman 100 N. 6th St.
Good Earth Restaurant Westbrook Mall
Happy Dragon Restaurant 5532 Brooklyn Blvd.
Harron United Methodist Church 5452 Dupont Ave. N.
Holiday Inn 1501 Freeway Blvd.
Independent School Dist. 4279 317 2nd Ave. N.W.
Willow Lane School 7020 Perry Ave. N.
Lutheran Church of the Master 1200 69th Ave. N.
Lynbrook Bowl, Inc. 6357 North Lilac Drive
McDonald's 5525 Xerxes Ave. N.
Northbrook Alliance Church 6240 Aldrich Ave. N.
Northport Elementary School 5421 Brooklyn Blvd.
L.G. Inc. 1330 West County B
Orange Julius of Brookdale 1396 Brookdale Shopping Ctr.
J.C. Penney o., Inc. 1265 Brookdale Shopping Ctr.
Y PP g
Perkins Cake & Steak, Inc. 5915 John Martin Drive
Plitt Brookdale Theather 2501 County Road 10
Service Systems Corp. Soo Line Bldg.
N.W. Bell 5910 Shingle Creek Pkwy.
Servomation Corp. 7490 Central Ave. N.E.
Medtronics Earle Brown Drive
Medtronics 6700 Shingle Creek Pkwy.
7- Eleven 1500 69th Ave. N.
Smoke Haus 5001 Drew Ave. N.
St. Alphonsus Church 7025 Halifax Ave. N.
Thrifty Scot Motel 6445 James Circle
F.W. Woolworth, Inc. 1212 Brookdale Center
GAMBLING LICENSE
Brooklyn Center Am. Little League 2919 64th Ave. N.
Orchard Lane School PTA 6201 Noble Ave. N.
NONPERISHABLE VENDING MACHINE LICENSE
Howard Baurermeister 5809 Boone Ave. N.
Pizza Factory 6816 Humboldt Ave. N.
Bill's Juice Vending 3900 Beard Ave. S.
Holiday Inn 1501 Freeway Blvd.
Marc's Budgetel 6415 James Circle N.
1 -26 -81 -26-
Bill's vending Service 7317 West Broadway
Brooklyn Center Skelly 6245 Brooklyn Blvd.
Bond Tool and Die Co. 6840 Shingle Creek Pkwy.
• Bonine Fending 125 River Edge Way
Brookdale Towers 2810 County Road 10
Cat Pumps Corp. 1600 .Freeway Blvd.
Consumer Vending Co. 2727 26th Ave. S.
Federal Lumber 4810 North Lilac Dr.
Cook Paint 4800 North Lialc Dr.
Country Club Market 5715 Morgan Ave. N.
Earle Brown Bowl 6440 James Circle
Gold Medal Beverage Co. 553 North Fairview Ave.
Duane's OK Tire 6900 Brooklyn Blvd.
Hi -Lo Manufacturing 6520 James Ave. N.
North Star Dodge 6800 Brooklyn Blvd.
Northport School 5421 Brooklyn Blvd.
Snyder Bros. Drug Brookdale Shopping Ctr.
Warner Hardware 2105 57th Ave. N.
Johnny's Inc. 6846 Brooklyn Blvd.
Pilgrim Cleaners 5748 Morgan Ave. N.
Lynbrook Bowl, Inc. 6357 North Lilac Dr.
Midwest Screw Products 3410 48th Ave. N.
Midwest Vending Co. 2212 West 94th Street
Brookdale Chrysler Plymouth 6121 Brooklyn Blvd.
Miernik Vending 7251 Commerce Circle
Hiawatha Rubber 1700 67th Ave. N.
Minnesota Fabrics 5712 Morgan Ave. N.
Precision, Inc. 3415 48th Ave. N.
Ralph's Super Service 6601 Lyndale Ave. N.
Saber Dental Studio 6800 Shingle Creek Pkwy.
Theisen Vending Co. 3804 Nicollet Ave. S.
Bill West 2000 57th Ave. N.
Thrifty Scot Motel 6445 James Circle
PERISHABLE VENDING MACHINE LICENSE
Apple -A -Day, Inc. Route 4, Box 18
Brooklyn Center High School 6500 Humboldt Ave. N.
Bill's Juice Vending 3900 Beard Ave. S.
Marc's Budgetel 6415 James Circle
Bonine Vending Co. 125 River Edge Way
Brookdale Towers 2810 County Road 10
Earle Brown Bowl 6440 James Circle
Mierni,k Vending 7251 Commerce Circle
Hiawatha Rubber 1700 67th Ave. N.
RENTAL DWELLING LICENSE
Initial:
Bruce & Twyla Van Beusekom 4913 Beard Ave. N.
Charles Q. Hillstrom 6527 Drew Ave. N.
John S. Tschohl 6912 Morgan Ave. N.
Raymond & Grace Harr 6406 Scott Ave. N.
Clarence & Irene Fransen 4204 69th Ave. N.
1 -26 -81 -27-
Renewal:
Gary Scherber 4708 Lakeview Ave. N.
William & Dorothy Goins 6331 Noble Ave. N.
Catherine P. Shefeluk 3012, 18 - 51st Ave. N.
Gary m. Olson 3715 69th Ave. N.
SPECIAL FOOD HANDLING LICENSE
Fun Services, Inc. 3701 50th Ave. N.
Ideal Drug Store 6800 Humboldt Ave. N.
Mary Shutes 5212 Kellogg Ave.
Gift Shop Too, Holiday Iran 1501 Freeway Blvd.
Weight Loss Medical Centers 6040 Earle Brown Dr.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none, the motion passed unanimously.
The City Manager pointed out that, two tentative dates had been set for the
joint meeting with the District 281 School Board and the Council, those being
February 2 and March 2. There was a general concurrence among Council members
to approve the March 2, 1981 date as the date for the joint meeting.
ADJOURNMENT
There was a motion by Councilmember Lhotka and seconded by- Councilmember
Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed
unanimously. The Brooklyn Center City Council adjourned at 12:10 a.m.
Clerk Mayor
1 -26 -81 -28-
CITY
OF 6301 SHINGLE CREEK PARKWAY
B ROOKLIA
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561 -5440
UEN-uhit
EMERGENCY- POLICE -FIRE
561-5720
T0: Sy Knapp, Director of Public ttibrks
FROM: Jim Grube, Assistant City Engineer
DATE: February 5, 1981
RE: Final Plat - The Meriwether Restaurant property Registered Land Survey
(southwest corner of Shingle Creek Parkway and Freeway Boulevard)
P.C. M.
81004
Mssrs. Dave Nelson and Roy Hansen, on behalf of the owner, Meriwether
Restaurants, Inc. have made application to the Engineering Department to
final the referenced R.L.S. City Council conditions placed on the R.L.S.
are as follows:
1. The final R.L.S. is subject to the approval of the City
Engineer.
2. The final R.L.S. is subject to the provisions of
7 Chapter
15 of the City Ordinances.
The submitted R.L.S. is in conformance with the requirements of City Ordinance
Chapter 15. However, an abstract of title has not been forwarded for review
by the City Attorney. In addition, the legal description of the parcel does
not lend itself to review for verification of_ noted lengths, bearings, and
curve data, therefore we must assume that the land surveyor has correctly de-
picted the parcel and all the data. The City has not negotiated with the
owners concerning the issuance of the required subdivision bond, and in light
of plan review, I recommend the subdivision bond requirements be incorporated
in the site performance bond.
Site improvements include the extension of sanitary sewer service from the
main to the building. Apparently, the service was to have been extended to
the property line as a part of a previous improvement project, and our records
indicate that the parcel was assessed $467.20 in 1975 for the noted service
extension. No service line was actually installed, however_, and the City
should consider some form of credit against building permits, SAC chases, or
other charges receivable by the City.
In sunrary, I recommend we proceed with final approval contingent upon receipt
of the abstract of title and request City Council direction regarding clarifi-
cation of the responsibility of service extension and credit for previous payments.
The City Council should be reminded that it has accepted the Planning C.orrission's
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provisions that no , — its will be issued until the R.L.S. has been recorded by
Hennepin County.
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