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HomeMy WebLinkAbout1979 10-15 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center October 15, 1979 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - September 24, 1979 r 5. Open Forum 6. Performance Bond Release a. Rauenhorst /MTC Garage,6845 Shingle Creek Parkway b. Pilgrip Cleaners, 6846 -50 Brooklyn Boulevard c. Earle Brown Bowl, 6440 James Circle d. First Wisconsin- Shores Townhouses, 5800 Shores Drive f. Boulevard Properties, 5901 Brooklyn Boulevard 7. Subdivision Bond Release a. Irving Estates b. Ewing Square 8. Final Plat Approvals - a. Piccadilly Ponds b. Rosen Addition e. Northbrook Alliance Addition 9.• Approval of Election Judges 10. Resolutions: a. Canceling Previously Certified Levy to County Auditor b. Canceling Previously Certified Levy to County Auditor c. Authorizing the Brooklyn Center Housing & Redevelopment Authority to Administer Brooklyn Center's Housing Rehabilitation Grant Program d. Accepting Bid and Approving Contract Form (Sidewalk Contract 1979 -H, 69th Avenue Sidewalk) e. Amending Resolution No. 79 -196 Providing for Wage and Salary Adjustment for the Chief of Police f. Authorizing the Purchase of One Data Processing Terminal for Property Data System g. Recognizing Twenty -five Years of Public Service by Truman A. Nelson h. Recognizing Twenty -five Years of Public Service by Richard J. Jennrich i. Authorizing the Purchase of Three Pressure Demand Air Masks with walkway Brackets j. Authorizing the Purchase of Microfilm and Fiche Reader Printer k. Appropriating $70,000 in the Capital Projects Fund for the Shingle Creek Relocation Project I City Council Agenda -2- October 15, 1979 1. Appropriating $25,000 in the Capital Projects Fund for the Construction of a Brooklane Park Shelter Building m. Appropriating $50,000 in the Capital Projects Fund as the City's Matching Fund for Central Park LAWCON Project n. Appropriating $14,390 in Capital Projects Fund as the City's Matching Fund for the Shingle Creek Trailway LAWCON Project o. Accepting Bid for Installation of Fuel Oil Tank at City Hall /Civic Center p. Authorizing Replacement of Private Driveway 11. Public Hearing (8:00 p.m.) - Industrial Revenue Bond for Cass Screw 12. Planning Commission Items (8:30 p.m.): ■r a. Application No. 79057 submitted by Medtronic, Inc. -The applicant seeks site and building plan approval for an addition to their building at 6700 Shingle Creek Parkway. The Planning Commission recommended approval for the application at the September 25 Planning Commission meeting. b. Application No. 79058 submitted by Medtronic, Inc. -The applicant seeks approval of registered land survey at the site of their building at 6700 Shingle Creek Parkway. The Planning Commission recommended approval of the application at their September 25, 1979 Planning Commission meeting. 13. HRA Meeting (9:00 p.m.) 14. Ordinances: a. Amending Chapter 35 Regarding Special Requirements in I -1 and I -2 Districts. -The ordinance was first read at the September 10, 1979 Council meeting and was published on September 27, 1979, and is presented this evening for a second reading. b. vacating an Alley Lying Between Emerson and Fremont Avenues North Between 56th and 57th Avenues North. -The ordinance was first read at the September 10, 1979 Council meeting and was published on September 27, 1979, and is presented this evening for a second reading. 15. Report on the Findings of Fact on Special Assessment Hearings 16. Discussion Items: a. Housing Inspection Ordinance b. Chamber of Commerce Brochure 17. Licenses 18. Adjournment " MEMORANDUM TO Ronald A. Warren, Director of Planning and Inspection FROM: Will Dahn, Building Official SUBJECT: Performance Bonds Recommended for Release or Reduction DATE: October 11, 1979 The following performance guarantees are recommended for releaser 1. Rauenhorst Corporation (MTC Garage) 6845 Shingle Creek Parkway Planning Commission Application No. 75021 Amount of Guarantee - $20,000.00 Performance Bond (Obligor - Rauenhorst Corporation) Original bond of $80,000.00 was reduced to $20,000.00 on November 8, 1976. All paving, curb and gutter installed as per approved plan. All plantings installed according to plan. Some shrubs on north side of building have died for lack of maintenance. Recommend total release with cost of replacing dead plantings included in new bond for addition to existing garage. 2. Pilgrim Cleaners 6850 Brooklyn Boulevard Planning Commission Application No. 78010 Amount of Guarantee $1,000.00 Cash Escrow (Obligor - Johnny's, Inc.) Original guarantee of $6,000.00 was reduced to $1,000.00 on September 11, 1978. All site improvements and plantings installed as per approved plans. Recommend total release. 3. Earle Brown Bowl 6440 James Circle Planning Commission Application No. 78023 Amount of Guarantee - $1,000.00 (Obligor:_ Lund Martin Construction Company) Original bond of $60,000.00 was reduced to $1,000.00 on August 13, 1979. Trash container is now properly screened and handicapped parking signs have been installed properly. All other improvements and plantings installed as per approved plan. Recommend total release. 4. Shores Townhouses (Now known as Moorwood Townhouses) 5800 Shores Drive Planning Commission Application No. 70012 Amount of Guarantee $5,000.00 Performance Bond (Obligor - First Wisconsin Mortgage Company) A $50,000.00 Performance Bond for the First Wisconsin Mortgage Company was reduced by the City Council to $5,000.00 on July 23, 1979 follow- ing a discussion with representatives of First Wisconsin and the Moorwood Homeowner's Association. The Association requested the Council, at that time, to delay the release of the bond because they and First Wisconsin had not completed a settlement regarding certain improvements. The Council decided to reduce the bond to $5,000.00 pending settlement by the two parties. The two parties have reached an agreement and First Wisconsin has requested the total release of the bond. Copies of correspondence and the agreement are attached for the Council's review. It should be noted that we have received a $4,000.00 site bond from Hot Line Realty to cover improvements contemplated for the completion of the project under Planning Commission Application No. 79038. Recommend total release of the $5,000.00 bond. 5. Boulevard Properties Brooklyn Boulevard 5901 Br u ev and 0 a Y Planning Commission Application No. 78007 Amount of Guarantee - $1,000.00 Cash Escrow Guarantee was reduced from $4,000.00 to $1,000.00 on December 4, 1978. (Obligor - Boulevard Properties) Guarantee is to cover remaining improvements resulting from Joint Parking Agreement between Boulevard Properties and the Cross of Glory Church: All landscaping and parking lot improvements are completed. We have had a number of discussions with Mr. James Betty of Boulevard Properties re- _gardi ng _the _i nstal latipn and maintenance of two removable chains required for the purpose of confining traffic associated with the office building to the designated oint parking site. We have also received calls from a concerned citizen regarding the maintenance of the chains. Tn.a letter dated September 21, 1979, Mr. Betty has requested the total release of the financial guarantee and has acknowledged Boulevard Properti responsibility to maintain the removable chains. Inspections have been made on ten occasions since September 20, 1979 and, with the exception of two times the chains were u and operational. A co of P � P p copy Mr. Betty's September 21, 1979 letter including a verification of inspections is enclosed for the Council's review. Recommend total release of the financial guarantee APPROVED B" 0000 ,i( G�it.t.+L✓�....� Ronald A. Warren, Director of Planning and Inspection -2- FIRST WISCONSIN MORTGAGE COMPANY September 18, 1979 Mr. W. J. Dahn, Building Official City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55429 Re: Moorwood Homeowners Association 58th Avenue N. & Shores Drive Fidelity and Deposit Company of Maryland Bond No. 59 -66 -231 , Dear Mr. Dahn. I Enclosed for your files,you will find a copy of the signed General Release of First Wisconsin National Bank of Milwaukee, executed by the Morwood Homeowners. Would you please take the , necessary action to authorize the release of the above referenced bondjand advise the bonding company and myself when the city has approved this release. Thank you for your assistance in this matter. Very truly yours, FIRST W. CO IN. MORTGAGE COMPANY Rog D. Christianson Assistant Vice President RDC :gag Enclosure cc: Earl Lillydahl FIRST WISCONSIN CENTER, 777 EAST WISCONSIN AVENUE, MILWAUKEE, WISCONSIN 5320 BOULEVARD PROPERTIES SUITE 209 BROOKOALE WEST OFFICE PARK 5901 BROOKLYN BOULEVARD MINNEAPOLIS. MINNESOTA 55429 (612) 535 -3001 September 21, 1979 Mr. Ron Warren Director of Planning and Inspection City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Ron; Consider this letter a formal request to release our perfor- mance bond of $1,000 that the City of Brooklyn Center has been holding until certain parking lot improvements were made. We have made the ir.?provem.ents, and as we discussed on the phone today, we have -he rerW uired chains in place during nor- mat.business hours to stop any cars from driving through the church parking _ lot As long as the City of Brooklyn Center requires these chains to be up, we will maintain ahem. Very truly yours, BOULEVARD PROPERTIES es M. Betty 9f�79 Manager JMB f vb !• L�• 7 N P 1 • 9• t7- 7 7 RELEASE Project:' Moorwood Townhouses Name of Homeowner: Address: 5849 Lake Curve Lane, Brooklyn Center, Mn. Legal Description:' Lot 4, Block 5, Moorwood Townhouses Eor good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, the undersigned homeowners hereby release and forever discharge First Wisconsin National Bank of Milwaukee, First Wisconsin Mortgage Trust, First Wisconsin Mortgage Company, and any and all of each of their subsidiaries, parent corporations, affiliated corporations, insurers, indemnitors, successors, assigns, officers, employees, `agents representatives, and each and every one thereof, of and from any and all claims and obligations, warranty or otherwise, with respect to the condition of the undersigned homeowners townhouse unit, Dated : Owners signature Owners signature GENERAL RELEASE • FOR GOOD AND VALUABLE CONSIDERATION in hand aid the re P ece pt and sufficiency of which are hereby acknowledged, the Moorwood Homeowners - Association does hereby release and forever discharge First Wisconsin r - National Bank of Milwaukee, First Wisconsin Mortgage Company, and First Wisconsin Mortgage Trust, and any and all of each of their subsidiaries, parent corporations, affiliated corporations, insurers, indemnitors, . ' successors, assigns, officers, employees, agents, representatives, and each and every one thereof, of and from any and all actions,'suits, claims, damages, judgements, and executions, known or unknown, liquidated or unliquidated, accrued or hereafter accruing, which the Moorwood Homeowners Association has ever had or now has or claims to have, and in addition, and not by way of limitation of the foregoing, the Moorwood Homeowners Association does hereby release and forever discharge First Wisconsin National Bank of Milwaukee, First Wisconsin Mortgage Company, and First Wisconsin Mortgage Trust, and any and all of each of their subsidiaries, parent corporations, affiliated corporations, insurers, indemnitors, successors, assigns, officers, employees, agents, representatives, and each and every one thereof, of and from any and all claims which the Moorwood Homeowners Association may have which relate in any way to the Moorwood townhouses or any portions thereof or any units therein. IN WITNESS WHEREOF the Moorwood Homeowners Association states that it has read and understands the terms and provisions contained herein, and that it agrees to all of said terms and provisions, it being expressly acknowledged and understood that this GENERAL RELEASE is upon the execution and delivery hereof in full force and effect and legal binding. " Dated this day ofdtt�' 1979 f� MOORW OD HOH€OWNERS SSOCIATION By'- - Its: - e Its . c3 d W M o c. o od 1 `l- THE FOLLOWING OWNERS of units in t e Moorwood nhouses consent,a Na r to the execution of the forgoing GENERAL RELEASE by the Moorwood Homeowners Association. xu `"` ' ' - "1 ' ."2L I- n ti i , y i The following is a partial list of election judges that have confirmed they will work the general election on November 6, 1979: PRECINCT 1 Head Judge R- Marian Smith' 5431 Oliver Avenue North R- Donna Bennett 2106 54th Avenue North D- Ardyce Matson 5525 Morgan Avenue North PRECINCT 2. Head Judge D- Ethel. Irving 6020 Emerson Avenue North R- Adeline Lonn 6342 Fremont Avenue North R- -Nancy Tanji 6330 Girard Avenue North PRECINCT 3 Head Judge R- Evonne Chatelle 7006 Newton Avenue North D- Esther Durland 6851 W. River Road R- Sharon Finucane 7013 Morgan Avenue North D -Jean Schiebel 2120 70th Avenue North PRECINCT 4 Head Judge D -Alice Madir 7024 Quail Avenue North PRECINCT-5 Head Judge D- Geraldine Dorphy 4306 Winchester Lane D -Alice VanMeerten• 4519 Winchester Lane R- Gladys Leerhoff 4301 66th Avenue North R -Joan McGonigal 4806 Howe Lane PRECINCT 6 Head Judge D -Lois Moeller 2818 O'Henry Road R -Joan Reavely 3018 Mumford Road R- Josephine Swart 6007 Xerxes Avenue North PRECINCT 7 Head Judge D -Mona Hintzman 4018 58th Avenue North R- Barbara Forder 5936 Halifax Place D -Carol Benkofske 4019 Janet Lane R -Dawn Kiefer 6218 Kyle Avenue North PRECINCT 8 Head Judge D -Ethel Pettman 4919.Beard Avenue North R -Kathy Theisen 5701 June Avenue North R- Dorothy Olson 3906 Burquest Lane D -Anne Bergquist 5133 Xerxes Avenue North NOTE: Apparently because of the number of women working, we are having difficulty in obtaining election judges. The remainder of the judges that are needed for this election will submitted to you for your approval at the October 22, meeting. Member introduced the following resolution �� introdu g and moved its adoption; RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a regular session of the (then) Village Council of the (then) Village of Brooklyn Center held on March 8, 1960, ,a resolution was duly adopted providing in part that the sum of $21,300 be levied in the year 1979 for payment of principal and interest on bonds issued to finance Water Improvement No. 1960 -1; and WHEREAS, said resolution was thereafter duly certified to the Auditor of and for Hennepin Count Mi and i un P Y, - WHEREAS, there is presently on hand in Improvement Fund 1959 -A and B sufficient money to pay any and all principal and interest on said bonds issued to finance construction of Water Improvement No. 1960 -1 and at least five percent in excess thereof, without the levy of said $21, in the year 1979. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City .of Brooklyn Center, Minnesota as follows: 1. It is hereby determined that the levy of a direct ad valorem tax on all taxable property in the -City previously made and certified in the amount of $21,300 for the year 1979 in connection with the financing of Water Improvement No. 1960 -1 is unnecessary and may cancelled, there being sufficient money on hand in Improvement Fund 1959 -A and B at the present time to pay any and all principal and interest, and at least five percent in excess thereof, on said bonds issued to finance said Water Improvement No. 1960 -1, without collection of said ad valorem tax. 2. The Auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $21,300 for the year 1979 previously certified pursuant to the provisions of Section 475.61, Minnesota Statutes, 1957. 3. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to said Hennepin County Auditor forthwith. 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 / Q introduced the following resolution / and moved its adoption: RESOLUTION NO. RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR WHEREAS, at a Special Meeting of the City Council of the City of Brooklyn Center held on March 4, 1968, a resolution was duly adopted pro- viding in part that the sum of $5,300 be levied in the year 1979 for payment i. of principal and interest on bonds issued to finance various improvement projects: and WHEREAS, said resolution was thereafter duly certified to the Auditor of and for Hennepin County, Minnesota; and WHEREAS, there is presently on hand in the 1968 Improvement Fund sufficient money to pay any and all principal and interest on said bonds issued to finance construction of said improvements, and at least five percent in excess thereof, without the levy of said $5,300 in the year 1979. NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Brooklyn Center, Minnesota as follows: ro 1. It.is hereby determined that the levy of a direct ad valorem tax on all.taxable property in the City previously made and certified in the amount of $5,300 for the year 1979 in connection with the financing of various improvement projects is unnecessary and may be cancelled, there being sufficient money on hand in the 1968 Improvement Fund at the present time to pay any and all principal and interest, and at :least five percent in excess thereof, on said.bonds issued to finance said improvements, without collection of said direct ad valorem tax. 2. The Auditor of Hennepin County, Minnesota is hereby requested to cancel the said levy of $5,300 for the year 1979 previously certified pursuant to the provision of Section 475.61, Minnesota Statutes, 1957. 3. The City Clerk is hereby authorized and directed to transmit a certified copy_of this resolution to said Hennepin County Auditor forthwith. 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 AUTHORIZING THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY TO ADMINISTER BROOKLYN CENTER'S HOUSING REHABILITATION GRANT PROGRAM WHEREAS, the City Council of the City of Brooklyn Center by virtue of Resolution 73 -202 established a Housing and Redevelopment Authority pursuant to the provisions of the Minnesota Housing and Redevelopment Authority Act, Minnesota Statutes, Section 462.411 et. seq., in order to prevent substandard, slum and blight areas in Brooklyn Center which could not be redeveloped without government assistance; and WHEREAS, the City Council of the City of Brooklyn Center has established a local housing rehabilitation grant program to be funded with Community Develop- ment monies; and WHEREAS, it is the function of the Brooklyn Center Housing and Redevelop- ment Authority to assure decent, safe and sanitary dwelling accommodations be available to persons of low and moderate incomes: NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that the Brooklyn Center Housing and Redevelopment Authority be authorized to provide administrative policy direction for the Brooklyn Center Housing Rehabilitation Grant Program; and BE IT FURTHER RESOLVED that the Brooklyn Center Housing and Redevelop- ment Authority be authorized to receive Community Development monies as a reimburse - ment for monies expended under the Brooklyn Center Housing Rehabilitation Grant Program 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. / 00( Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CC WRACT FORM _ (SIDERU..K CONTRACT 1979 -H) WIEREAS, on Septenber 24, 1979, the Brooklyn Center City Council by Resolution No. 79 -210 rejected the bid of C. S. McCrossan, Inc. for Sidewalk Improvement Project No. 1979 -9 inasmuch as said bid substantially exceeded the City Engineer's estimate for said work; and MEREAS, on the aforementioned date, the City Council directed the City Engineer to solicit quotations and negotiate a contract for Sidewalk Improvement Project No. 1979 -9; and WHEMAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of con - struction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHIMS, the City Manager has obtained quotations for Contract 1979-H which consists of Sidewalk Improvement Project No. 1979 -9 and has determined that the quotation of C. S. McCrossan, Inc. in the amount of $ 5,912.00 is the best quotation submitted. NOW, TBEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation of C. S. McCzossan, Inc. in the amount of -' $ 5,912.00 as to furnishing of all labor, materials, tools, and equipment in connection with the above mentioned improvement projects) according to the plans and specifications therefor now on file in the-office of the City Clerk is deemed to be the best quotation submitted for said work by responsible contractor and said quotation is hereby accepted. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute a contract with said contractor. Date Mahar AaTEST: r Clerk The notion for the adoption of the foregoing resolution was duly seconded by m°mber , 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 �o and moved its adoption RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 79 -196 PROVIDING FOR WAGE AND SALARY ADJUSTMENT FOR THE CHIEF OF POLICE BE IT RESOLVED by the City Council of .the City of Brooklyn Center that Resolution No. 79 -196, as previously adopted by the City Council on August 27, 1979, be adopted in amended form as follows: WHEREAS, on September 27, 1978, the City Council of the City of Brooklyn Center adopted a Budget for the calendar year 1979; and WHEREAS, on December 18, 1978, the City Council did adopt Resolution No. 79 -296 which set salaries and wages for the year 1979 for all nonorganized City employees; and - WHEREAS, the wages set for the position of Chief of Police did not contemplate a salary adjustment following the successful completion of the probationary period of James L. Lindsay; and WHEREAS, James L. Lindsay, Chief of Police, has successfully completed his probationary period; and WHEREAS, the Brooklyn Center Police Department has _undergone a successful reorganization under the direction of Chief Lindsay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to adjust the salary for the position of Chief of Police from $29,340 annually to $30,340 annually retroactive to August 1, 1979. BE IT FURTHER RESOLVED that the monies for the salary adjustment be funded through the salary appropriation for the Police Department as approved in the 1979 Brooklyn Center Budget. 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 AUTHORIZING THE PURCHASE OF ONE DATA PROCESSING TERMINAL FOR PROPERTY DATA SYSTEM WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHEREAS, the City has a need for a CR terminal which is compatible with the newly installed property data system; and WHEREAS, LOGIS (Local Government Information Services) has notified the City in writing that it is necessary to secure a proprietary Hewlett - Packard programming product; and WHEREAS, the only terminal presently available to the City is a new Hewlett- Packard model 2640E owned by Dahlberg Electronics, Inc.; and T WHEREAS, Dahlberg Electronics, Inc. is willing to sell the terminal to the City at their cost. L NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be authorized to contract for the purchase of one HP2640B terminal in the amount of $3,106.60 from Dahlberg Electronics. Inc. Date Mayor y 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: r RESOLUTION NO. RESOLUTION RECOGNIZING TWENTY -FIVE YEARS OF PUBLIC SERVICE BY TRUMAN A. NELSON WHEREAS, Truman A. Nelson completed twenty -five years of public service with the City of Brooklyn Center on October 12, 1979; and WHEREAS, he has served in the Municipal Liquor Stores since October 12, 1954 and as Manager of the Municipal Liquor Stores since 1961; and WHEREAS, he has served as a member of the Brooklyn Center Volunteer Fire Department from 1953 to 1974; and WHEREAS, the Municipal Liquor Stores have shown steady growth under Mr. Nelson's management; and WHEREAS, his public service and civic effort for the benefit of the community merits the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to recognized and commend the twenty -five years of employment and dedicated public service of Truman A. Nelson, Brooklyn Center Liquor'Stores Manager. 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. r RESOLUTION RECOGNIZING TWENTY -FIVE YEARS OF PUBLIC SERVICE BY RICHARD J. JENNRICH WHEREAS, Richard J. Jennrich completed twenty -five years of public service with the City of Brooklyn Center on March 30, 1978 and WHEREAS, he has served briefly as a clerk in the municipal liquor stores and is currently serving in the Department of Public Works as a Light Equipment Operator; and WHEREAS, he has served as a member of the Brooklyn Center Volunteer Fire Department from 1953 through 1974; and WHEREAS, his public service and civic effort for the betterment of the community merits the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to recognize and commend the twenty -five years of employment and dedicated public service of Richard J. Jennrich. 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. M & C No. 79 -26 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject Employee Service Recognition Program - - To the Honorable Mayor and City Council: The staff has discussed recently the merits of establishing an employee service recognition program which would honor the City's employees for their years of service to the City. - Paul Holmlund spent some time assembling the program and we believe such a program would encourage emplovee - loyalty and strengthen the "esprit de corps" among the employees. Attached is the schedule of awards which would recognize full -time and permanent part -time employees at certain intervals during their City employment. The program can be funded within current appropriations and I am requesting the Council review the program and if you have any suggestions, especially in the area of "how presented ", I will be happy to discuss any modifications you may wish. Res c ul submitted,' a d G.� plinter City Man e r CITY OF BROOKLYN CENTER encs. SCHEDULE OF AWARDS I AWARDED UPON THE ATTAINMENT OF CERTAIN YEARS OF SERVICE: YEAR AWARDS HOW PRESENTED 5 5 year pin (Exhibit C) By Department.Director 10 10 year pin (Exhibit C) By City Manager 15 15 year pin (Exhibit C) By City Manager 20 (1) 20 year pin (Exhibit D) At City Council Meeting (2) Council Resolution in By City Council picture frame (Exhibit E) (3) Engraved Desk Set (Exhibit F) 25 (1) 25 year pin (Exhibit G) At City Council Meeting (2) Plaque (Exhibit H) By City Council II UPON RETIREMENT WITH 10 YEARS OR MORE OF SERVICE: Personalized Council Resolution mounted At City Council Meeting on walnut plague (Exhibit I) By City Council _ - �/ 'N �x �t ��d i r �- .. .. _ _: j � .. - 4. �y. i � _ j —'mil � / '.. ,��v� .� -_ _ � . ._ -� .: ,� r� l uc. �`} _. . _.. .. ... - - . . \._..� .. ,_ ,� - .. ,. � 'F._. 3 , .. ",�: • - c ��. ` .. � �.. 4 ` _ .. • �. _ .. � ' �� g �� � :. }. • .. =�. V YES dive 1 P`� -��!�� Member Celia Scott introduced the following resolution w..Q Moved its adoption: RESOLUTION NO. 79 -4 8 RESOLUTION EXPRESSING RECOGNITION' OF AFD APPRECIATION NOR THE DEDICATED PL "L'C Sr ?DICE CF IAA CARL WHEREAS, Mr. Carl Martin served as a light equipment operator f.,m September, 1959 through February, 1979; and WIiEREAS, his devotion to the tasks and responsibilities associate with this position contributed substantially to the soi:rd progress and de.alop- tnent of the City; and WHEREAS, his public service and civic effort for the betterment of 'he Community merit the gratitude of the citizens of Brooklyn Center. -- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of - r Brooklyn Center that: - o_ `.:. Carl Man Is tecgntzed and appreciated by the City of Brooklyn Center. • F bruarv12 , 1979 Date ATTEST /L:� •.�.�- . . Deputy Clark 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: Dean Nyquist, Tory laefier, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the sane: . none, whereupon said resolution was declared duly passed and adopted, i 4 111. s st s ° 9s0p >- SEAL fir.. kHpS * *_ C�tY O F gAOOKl CrNrE� P RE�ENTE� ro } = K T•H A PP�(EC. �Tta.ut TWEpjr7 YEAA5 F4,Ti1FuL CC •_ � l9sy -1978 ' F • y 410? -4 4'/:" : 23.75. . 4 e C* Qt a i CITY OF RO C ENTER E RVI C E A\d A rt ppE S F TES TO 04 Fob .. �-w Ent T F!� YEARS► O S 4 ' c C , sy q 7 9 - -- �► ESE ^t T E t? 4 p , MARcu Z:5,,1 � �� } ig - F 1 Car o F 13 RC UA Pu- Szt�' e A Ld Member Celia Scott introduced the following resolution and moved Its adoption: RESOLUTION NO. 79 -48 • RESOLUTION D(PRESS".G RECOGNITION CF „ P :D APPP.ECI:,TIO`I ,OR THE DEDICA LD PCRUC S °•'.:'ICE OF MR. CARL .` +RT'.`' WHEREAS, Mr. Carl Martin served as a light equipment operator from September, 1959 through February, 1979; and WHEREAS, his devotton to the tasks and responsibilities associated with this position contributed substantially to the sound progress and "develop- ment of the City; and WHEREAS, his public service and civic effort for the betterment of the : e mmuntty 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 dcd' ' - `r ccr +-- of Mr. Carl `• tom: reFoft—tized 3rd erpr- efxtod by thn City of Brooklvn Center. .., 1'ebruary 12. 1979 Date ATTEST 4 Deputy Clark The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar , and upon vote being taken thereon, the Mowing voted in favor: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene bhotka, and Celia Scutt; and the following voted against the sane: -none, whereupon said resolution was declared duly passed and adopted. s t a c 'C I A >- _ A fi ,* t � 4 « , I S f Member introduced the fallowing .resolution J and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF THREE PRESSURE DEMAND AIR MASKS WITH WALKWAY BRACKETS WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise materials or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the purchase of three pressure demand air masks with walkway brackets and has determined that the quotation of Mid Central Fire & Safety in the amount of $1,722 ($574 each) is the best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager be authorized to contract for the purchase of three pressure demand air masks with walkway brackets in the amount of $1,722 from Mid Central Fire & Safety. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. r `i QUOTATIONS FOR SCOTT 2.2 PRESSURE _ S RE AIR PACS each total -- Mid Central Fire & Safety $574 $1,722 Elvin Safety Supply $600 $1,800 i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF MICROFILM AND FICHE READER PRINTER WHEREAS, Chapter 471:345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHEREAS, the City Manager has obtained quotations on the purchase of one (1) microfilm and fiche reader printer and has determined that the quotation of M & W, Inc. in the amount of $1,911.90 is the best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn enter that at the -City Manager be authorized to contract for the purchase of one microfilm and fiche reader printer in the amount of $1.911.90 from M & W, Inc. 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 g 1 owin voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i QUOTATIONS FOR MIRCROFILM & FICHE READER PRINTER 3M Company $3,500.00 Xerox, Inc. $3,510.00 Bell & Howell $2,595.00 (will handle roll film only) M & W, Inc. $1,911.90, i Member introduced the following resolution \ r g and moved its adoption: RESOLUTION NO. RESOLUTION TO APPROPRIATE $70,000 IN THE CAPITAL PROJECTS FUND FOR THE SHINGLE CREEK RELOCATION PROJECT WHEREAS, the Capital Projects Fund was created to provide; funds, and to account for the expenditure of such funds, for major capital outlays, (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively Song life); and /or to reduce debt incurred for capital outlays; and WHEREAS, the sources of revenue for said Capital Projects Fund consists of ad valorem taxation, transfers by the City Council of of other City Funds, issuance of bonds, interest earnings of the Fund, and from other sources of revenue which from time to time the City Council deems to be available for transfer to the Fund; and WHEREAS, the City Council has approved the Shingle Creek Relocation Project, also known as Engineering Project No. 78 -40, and has committed City funds in the amount of $70,000 to the project; and WHEREAS, funds are available in the Capital Projects Fund in the amount of at least $70,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to appropriate the amount of $70,000 in the Capital Projects Fund for the Shingle Creek Relocation Project. i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same whereupon said resolution was declared duly passed and adopted. L Member introduced the following resolution and moved its adoption: RESOLUTION NO. I RESOLUTION TO APPROPRIATE $25,000 IN THE CAPITAL PROJECTS FUND FOR THE CONSTRUCTION OF A BROOKLANE PARK SHELTER BUILDING WHEREAS, the Capital Projects Fund was created to provide funds, and to account for the expenditure of such funds, for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays; and WHEREAS, the sources of revenue for said Capital Projects Fund consists of ad valorem taxation, transfers by the City Council of-surpluses of other City Funds, issuance of bonds, interest earnings of the Fund, and from other sources of revenue which from time to time the City Council deems to be available for transfer to the Fund; and WHEREAS, the condition of the existing shelter building at Brooklane Park has deteriorated to the point where it must be demolished and removed from the premises to avoid any possible injuries to occupants; and WHEREAS, the City Council has determined that it is necessary to replace the shelter building; and WHEREAS, funds are available in the Capital Projects Fund in the amount of at least $25,000. NOW,,,THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to appropriate the amount of $25,000 in the Capital Projects Fund for the construction of a Brooklane Park shelter building. 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 o and moved its adoption: RESOLUTION NO. RESOLUTION TO APPROPRIATE $50,000 IN THE CAPITAL PROJECTS FUND AS THE CITY'S MATCHING FUNDS FOR THE CENTRAL PARK LAWCON PROJECT WHEREAS, the Capital Projects Fund was created to provide funds, and to account for the expenditure of such funds, for major capital outlays (which shall include, but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays; and WHEREAS, the sources of revenue for said Capital Projects Fund consists of ad valorem taxation, transfers by the City Council of surpluses of other City Funds, issuance of bonds, interest earnings of the Fund, and from other sources of revenue which from time to time the City Council deems to be available for transfer to the Fund; and WHEREAS, the City Council has approved the Central Park LAWCON Project, also known as Engineering Project No. 78 -41 and has committed City funds in the amount of $50,000 as the City's matching share for federal and state grants for the project, and WHEREAS, funds are available in the Capital Projects Fund in the amount of at least $50,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to appropriate the amount of $50,000 in the Capital Projects Fund for the City's matching; share of the Central Park LAWCON Project. 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 TO APPROPRIATE $14,390 IN THE CAPITAL PROJECTS FUND AS THE CITY'S MATCHING FUNDS FOR THE SHINGLE CREEK TRAILWAY LAWCON PROJECT WHEREAS, the Capital Projects Fund was created to provide funds, and to account for the expenditure of such funds, for major capital outlays (which shall include,; but not be limited to, construction or acquisition of major permanent facilities having a relatively long life); and /or to reduce debt incurred for capital outlays; and WHEREAS, the sources of revenue for said Capital Projects Fund consists of ad valorem taxation, transfers by the City Council of surpluses of other City Funds issuance of bonds, interest earnings of the Fund, and from other sources of revenue which from time to time the City Council deems to be available for transfer to the Fund; and WHEREAS, the City Council has approved Shingle Creek Trailway LAWCON Project, also known as Engineering Project No. 78 -42, and has committed the amount of $14,390 as the City's matching share for federal and state grants for the project; and WHEREAS, funds are available in the Capital Projects Fund in the amount of at least $14,390. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to appropriate the amount of $14,390 in the Capital Projects Fund for the City's matching share of the Shingle Creek Trailway LAWCON Project. 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. / �D f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID FOR INSTAL ATION OF FUEL OIL TANK AT CITY HALL /CIVIC CENTER WHMEAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials, or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and %WRE'AS, the City Clerk and the Director of Public tnbrks have obtained quotations for the installation of a fuel oil tank at the City`Hall /Civic Center ccuplex, and said quotations were as follows Griggs Contracting, Inc. $6,340.00 2113 Cedar Avenue Minneapolis, MN Burner Service & Combustion Controls Company, Inc. $12,420.00 2119 Lyndale Avenue S. Minneapolis, MLV _ AND, WMRIAS, it appears that the bid of Griggs Contracting, Inc. in the amount of $6,340.00 is the best bid submitted. NOW; THEREFORE, BE IT RESOLVED by the Council of the City of Brooklyn Center that the bid of Griggs Contracting, Inc. is hereby accepted. The Mayor and City Manager are hereby authorized to execute a contract with said bidder. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was dully seconded by mmber , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution ues declared duly passed and adopted. io t Member introduced the following resolution fflp and moved its adoption: RESOF JJTION NO. } RESOLUTION 'AUTHORIZING REPLACEMENT C 'PRIVATE DRrMRY BE IT RESOLVED by the Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to enter into agreement with Mr. Foy West, 5339 Humboldt Avenue, wherein the City agrees to replace the driveway from the alley to the garage on said premises, provides the Owner agrees to pay a supplemental special assessment of $100.00. Date Mayor ATTEST: ...... Clerk The ration 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: where said resolution was declared duly passed and adopted upon y pa dop f CITY !!5 11 1 OF 8301 SHINGLE CREEK PARKWAY B ROOK LYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561- 5440 CENTER EMERGENCY- POLICE -FIRE 561 -5720 TO: Gerald G. Splinter, City Manager FM4: Sy Knapp, Director of Public hbrks DATE: October 11, 1979 RE: Foy West's Driveway In accordance with the City Council's request at the September 24 meeting, I contacted Mr. Roy West, 5339 Humboldt Avenue North to discuss a settlement regarding his driveway problem.. I offered to recommend approval of either of the .following two options: Option 1: Leave the driveway in place, as is, but give Mr. West a _ credit of $250 on his assessment for the alley improvements. Note The $250 figure approximately represents the total ,costs which would have been incurred in completely replacing the driveway at the time the alley has being paved. Option 2: City to completely remove and replace the driveway at an appmxiirate cost of $600, if Mr. West will agree to pay $150 additional assessments. Nate: The $150 figure approximately represents the difference between total replacement and the partial replacement which eras accomplished (the City did offer to completely replace the driveway on this basis at that time, and this offer was de- clined by Mr. West. Accordingly, this constitutes a second opportunity for Mr. West to accept this offer). Mr. West called me back yesterday to say that he would agree to Option 2, if the City agrees to charge him $100 instead of $150. In the interests of resolving this matter, I reccx mrxid that we, the City, agree to this settlement. A resolution for that purpose is attached for consideration by the City Council. Note: Because of the lateness of the season, this work probably will not be done until next year. Mr. West understands this and is agreeable to it. Sy xmiv cb Attachment Member introduced the following resolution 1 and moved its adoption RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY WISE, GREENWALD & GREENWALD UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED by the City Council of the City of Brooklyn Center, - Minnesota, as follows: 1. There has been presented to this Council a proposal by Wise, Greenwald & Greenwald, a Minnesota general partnership (the "Owner "), that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act (Minnesota Statutes, Chapter 474), to provide financing for the acquisition by the Owner of land and an existing office and manufacturing building in the City and the construction of an addition and other improvements thereto, a parking lot and various site improvements (hereinafter called the "Project "). Under the proposal, the Project will be owned by the Owner and leased to Cass Screw Machine Products Company, a Minnesota corporation (the "Lessee "), and will be used by the Lessee in its business. The Owner will enter into a loan agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on up to approximately $650,000 Industrial Development Revenue Bond of the City to be issued pursuant to said Chapter 474, Minnesota Statutes, to provide monies for the Project, and the City will pledge its interest in the loan agreement to secure the bonds. 2. As required by said Chapter 474, Minnesota Statutes, this Council conducted a public hearing on October 15, 1979, on the proposal to undertake and finance the Project, after publication in the official newspaper and a newspaper of general circulation in the City of a notice of the time and place of hearing, stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project and stating that a draft copy of the proposed Application to the Commissioner of Securities, together with all attachments and exhibits thereto, shall be available for public inspection at the office of the City Clerk, Monday through Friday, except legal holidays, from 8:00 a.m. to 5:00 p.m. to and including the date of hearing; and all parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal. 3. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry, agriculture and commerce so as to prevent, so far as possible, the mergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as abase for providing governmental services and facilities; and the more intensive development of land avail- able in the area to provide a more adequate tax base to finance the cost of governmental services in the City, County and School District where the Project is located. RESOLUTION NO. 4. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and subject to final approval by this Council and by the purchasers of any bonds to be issued as to the ultimate details of the bonds and the Project. 5. In accordance with Section 474.01, Subd. 7a, Minnesota Statutes, the Mayor, the City Manager, the City Clerk, and such other officers and members of the Citty as may from time to time be designated are hereby authorized and directed to submit an Application for approval of the Project to the Commissioner of Securities and request his approval thereof, and the Mayor, the City Manager, the City Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Com- m with such preliminary information as he may require.. The Owner, the Lessee, Messrs. Faegre & Benson as bond counsel, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan .agreement and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 6. The Lessee has agreed to pay any and all costs incurred by the City j in connection with the Project whether or not the Project is. � approved by the Commissioner and whether or not the Project is carried to completion and to indemnify the City, its officers and employees from all liability which the City and any officers and employees may incur in connec tion with the Project or the issuance and sale of the bonds. 7. The Owner and the Lessee are hereby authorized to enter into such contracts, in their own names and not as agents for the City, as may be necessary 'for the acquisition and construction of the Project by any means available to them and in the manner they determine without advertisement for bids as may be required for the acquisition or construction of other municipal facilities, but the City shall not be liable on any such contracts. i Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: _ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 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 SEPTEMBER 27, 1979 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Hal Pierce at 7:34 p.m. ROLL CALL Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Also present were Director of Planning and Inspection Ronald Warren, Superintendent of Engineering James Noska,and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES SEPTEMBER 13, 1979 Commissioner Hawes noted that the minutes omitted the adjournment of the Planning' Commission. The City Engineer also pointed out that the paragraph on page 8 of the minutes should be revised to read that Highway 169 is "proposed to be" up- graded north of the 694 intersection. Motion by Commissioner Hawes seconded by Commissioner Erickson to approve the minutes of the September 13 meeting as corrected. Voting in favor: Chairman Pierce, Commissioners Malecki Hawes, Manson and Erickson. Voting against: none. The motion passed. 9 p 9 APPLICATION NOS. 79 057 and 79058 (Construction Analysis and Management /Medtronic Following the Chairman's explanation the Secretary introduced the first item of business which was site and building and R.L.S. approval for a 53,000 square foot addition to the existin Medtronic facili at-67O0 Shi 'Creek Parkwa 9 y The Secretary explained that the site includes Tracts C and D of R.L.S. 1360 and is bounded by Speculative Industrial Building No. VI on the north, by Shingle Creek Parkway on the west, by 67th Avenue on the south, and by Hiawatha Rubber and the Earle Brown Farm Apartments on the west. He noted that the land` is zoned -I -1 and that the research and development use for the proposed addition is consistent with the existing use approved by the City Council. He stated that although that use is not specifically listed as a permitted use in the Zoning Ordinance, it does fall into the general category of "other uses similar in nature" allowed under Section 35 -337, Subsection f.: The Secretary pointed out that the two tracts are-roughly nine acres in total and are'divided from east to west by a 40 foot utility easement located in the area of the existing property line. Access to the site is gained by a curb cut off 67th Avenue North and a single curb cut (without.a median cut) off Shingle Creek Parkway. He stated that the new building addition would utilize the area between the existing Medtronic building and the utility easement which is presently used for parking. The Secretary explained that the utility easement will be moved northward approximately 15 feet and the applicant proposes to relocate an existing water main to allow for the expansion. The Secretary indicated that the east half of Tract C will be used for parking with the west half deferred for possible future development. He noted that no external alterations are proposed for the south portion of the existing site. Required parking for the site is 221 spaces based on 32,993 sq. ft. of office space (or 165 spaces at one per 200 sq. ft.) and 45,140 sq. ft. of industrial space (or 56 spaces at l per 800 sq. ft.). The Secretary noted that the proposed site plan provides 248 parking spaces and therefore exceeds the ordinance requirements. 9 -27 -79 -1- Access to the new parking lot will be via a newly constructed driving lane located along the east side of the property between the building and a recently constructed lithium storage building. A 50 foot buffer strip is being provided where the site abuts the .R5 zoned Earle Brown Farm Apartments, he noted, and is keeping with a recently recommended Zoning Ordinance Amendment.. The Secretary pointed out that the new structure will add space for two additional loading berths in accordance with ordinance requirements. The Secretary also noted that the plan provides for two storage tanks to contain argonne and nitrogen which will be wholly enclosed, extending the full height of the building and located on the north side of the building. Storage of volatile chemicals is designated in a separate reinforced: room on the north side of the first floor of the new building, adjacent to- the_ shipping and. receiving_ area The Secretary commented that the Fire Chief is in the process of reviewing the proposed list of chemicals to be stored on the site and will certify that the building plans provide proper storage of chemicals prior to the issuance of building ` permits. The Secretary briefly reviewed the landscape plan for the site, pointing out that the plan provides a 6 foot high berm at the northeast corner to shield the parking lot from the residential use to the east. This, he noted, is felt to be more attractive and more practical than a screen fence. A four foot high undulating berm is proposed along Shingle Creek Parkway. He reviewed the plantings for the site which include Honey Locust, Green Ash, Amur Maple, and Little Leaf Lindens. He stated that all unpaved areas are proposed to be sodded and sprinkl'ered with the exception of the future building site which is to be seeded only. The applicant, he explained, is requesting deferral of land - scaping in this area for a period of two years. The Secretary stated that drainage from the site is generally to the south and west. He added that the contractor proposed to salvage and reuse existing storm and sanitary sewer utilities presently under the new building site. Regarding the relocation of the 40 foot utility easement through the middle of the site, the Secretary explained that the applicant had chosen to relocate the water line rather than scale down the building which was the other alternative. He added as a condition of approval that the proposed sidewalk, which will be located over the same easement, should be extended to the existing sidewalk on Shingle Creek Parkway. Commissioner Hawes asked whether the _walkway would not create some problems on the site. The Secretary explained that the walkway easement existed prior to the Medtronic facility. He stated that the problems presented by the walkway were not insurmountable and that it would serve to facilitate pedestrian traffic• into the Industrial Park. Commissioner Erickson commented that the parking formula seemed to be based on a production facility. He noted that the proposed use would include research and development and questioned whether the plan provides for enough parking. The Secretary explained that the required parking was calculated based on a mixture of office and warehouse uses, with total floor area divided between these two classifications. This amount was actually less than the amount proposed by Medtronic. In answer to a question by Commissioner Hawes, the Secretary explained that water main, sanitary sewer and storm sewer are located in the 40 foot utility easement. 9 -27 -79 -2- The Secretary pointed out on the plan the location of the lithium storage building on the east side of the site, the new drive between the lithium storage building and the main building. He explained that access to the site could either be from Shingle Creek Parkway for northbound traffic or from 67th Avenue North for southbound traffic. He noted that there is a proposed median cut on Shingle Creek Parkway that will service both the Spec IX and Spec VI _sites. 40 He stated that Medtronic could have access to this median cut because there already is _a joint agreement, but has not, at this time, chosen to utilize it. The Secretary then briefly reviewed the proposed R.L.S. He explained that the applicant is seeking to combine Tracts C and D of R.L.S. 1360 into a single parcel for use by Medtronic in conjunction with the expansion of the existing facility. He explained that Section 35 -540 of the Zoning Ordinance requires that multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting and registered land survey. He noted that the application before the Commission is in response to that requirement. The Secretary again noted for the Commission the 40 foot utility easement 'running east to west over the middle of the property. He pointed out that access to the parcel is provided off Shingle Creek Parkway and 67th Avenue North. He commented that the lot dimensions are not substandard in any respect and that the proposed use for the site is permitted under the City's ordinance. The Secretary suggested that the preliminary plat be revised prior to consider- ation by the City Council to show the exact location of the relocated 40 foot utility and sidewalk easement and that existing easement documents for utilities and sidewalks be revised in accordance with the plat revisions. The Commission briefly discussed the relocation of the utility easement. Chair- man Pierce asked whether the new easement would be located primarily under paved area. The Secretary acknowledged that it would. The Superintendent of.Engineer ing noted that the center of the easement will be just south of the center line of the driveway. The Secretary added that an easement under pavement is not -considered a barrier to approval. Chairman Pierce commented that the legal description of the sidewalk easement would have to be changed. The Secretary responded that the description of the easement should be such that it is possible to locate the sidewalk anywhere within the new utility easement_ At that point, Dave Hall of Ellerbe Architects, reviewed some conceptual pictures of the proposed site. Chairman Pierce asked about the future building site. Mr. Hall answered that the area indicated on the plans for a future building will not be developed until a separate decision has been made by Medtronic. The Secretary explained that the 50 foot setback area along Shingle Creek` Parkway will be sodded and contain an underground irrigation system. The future building site improvements will be deferred for two years. In response to a question from Chairman Pierce, Mr. Hall stated that Medtronic is not interested in sharing access with Spec VI onto Shingle Creek Parkway because it would require a complicated three turn exit. In answer to Com- missioner Hawes, Mr. Hall stated that the nitrogen and argonne tanks would be filled by trucks entering off of Shingle Creek Parkway and that such deliveries would be rare, approximately every six weeks. Commissioner Hawes probed the Engineer for Medtronic on the reinforcing of the volatile storage area and the nitrogen and argonne storage tanks. The Engineer stated that there would be about four or five 55 gallon drums of volatile chemicals, primarily cleaning fluids. 9 -27 -79 -3- Mr. -Hall , the architect for the project, stated that the wall system for the new addition will be very energy efficient since the entire building site must meet the new State Energy Code which the existing facility does not meet by itself. In response to Commissioner Hawes, Mr. Florhaug of Construction Analysis and Management, explained that the amount of traffic to the site would be minimal, about one semi - trailer - per month. A CTION RECOMMENDING APPROVAL OF APPLICATION NO. 79057 (Medtronic) Motion by Commissioner- Malecki seconded by Commissioner Hawes to recommend ap- proval of Application No. 79057 submitted by Construction Analysis and Management, Inc. for sit& and building plan approval for a 53,000 square foot, two story, addition to the existing Medtronic facility at 6700 Shingle Creek Parkway, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. With the exception of the dry room, the building shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. Fire protection for the dry rooms shall be subject to the approval of the Fire Chief. 5. All outside trash disposal and /or rooftop mechanical equipment shall be appropriately screened from view. 6. B612 concrete curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all sodded and planting areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to-the requirements of Chapter 34 of the City Ordinances. 9. The two parcels comprehended for this development shall be combined into a single parcel through platting or registered land survey. A final plat shall be approved by the City Council and filed with the County prior to the issuance of occupancy permits for the addition. J 10. Landscaping improvements for the area designated as a potential building site at the northwest corner of the property shall be deferred (other than seeding the area) for a period of up to two years. After two years, if there is no development plan forthcoming, the potential building site shall be sodded, sprinklered, and landscaped consistent with other green areas on the site. Their performance bond will .not be released in its entirety until this is accomplished. 9 -27 -79 -4- 11. The applicant shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer. 12. Storage of chemicals on the site is subject to the review and approval of the Fire Chief prior to the issuance of building permits. 13. The proposed sidewalk shall be extended to the existing sidewalk on Shingle Creek Parkway. Voting in favor: Chairman Pierce, Commissioners Malecki;, Hawes, Manson and Erickson. Voting i n passed. against: none. The m t o 9 p 9 P A PUBLIC HEARING Chairman Pierce next opened the meeting for purposes of a public hearing on Application No. 79058. No one spoke relating to the application. CLOSE PUBLIC HEARING Motion by Commissioner Erickson seconded by Commissioner Manson to close the public hearing on Preliminary R.L.S. under Application No. 79058. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed. ACTION RECOMENDING APPROVAL OF APPLICATION NO. 79058 (Medtronic) Motion by Commissioner Erickson seconded by Commissioner Malecki to recommend approval of Application No. 79058 submitted by Construction Analysis and Manage- ment, Inc. for Preliminary R.L.S. approval to combine Tracts C and D of R.L.S,. 1360 into a single parcel for use by Medtronic, subject to the following conditions: 1. 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. A revised preliminary R.L.S. indicating the exact location of the relocated 40 foot utility and sidewalk easement shall be submitted prior to City Council review. 4. Existing easement documents for utilities and sidewalk shall be revised in accordance with the plat revisions Votin g in favor: Chairman Pierce Commissioners MaLecki Hawes Manson and Erickson. Voting against: none. The motion passed. . RECESS The Planning Commission recessed at 8:30 p.m. and resumed at 8 :59'p.m. PRESENTATION OF THE REVISED COMPREHENSIVE PLAN BY BRW Following the recess, Mr. Bill Weber of Bather, Ringrose and Wolsfeld Engineering firm, -the City's Planning Consultant, presented the Commission with copies of the revised Comprehensive Plan for Brooklyn Center. He encouraged the Planning Commission to establish a public hearing in October. He also stated that language changes proposed during those public hearings could be included with the changes made by the City Council before a final draft was put together for submission to neighboring municipalities. He stated that the plan must be sub- mitted to Metropolitan Council by June 27, 1980 and that the present timetable would meet that deadline. 9 -27 -79 -5- REVIEW OF THE PROPOSED FLOOD PLAIN ORDINANCE Mr. Weber then directed the Commission's attention to a- proposed Flood Plain Ordinance prepared in response to the requirements of the Critical Area Plan. He explained that the Flood Plain Ordinance establishes three districts: 1. The floodway district which would be the area within a certain flood level determined by the National Flood Insurance Study. 2 The flood fringe district, an area bordering on the floodway district which would limit development and thereby the potential debris which might cause damage downstream in the event of a flood. 3. The general flood plain district which includes the previous two zones. Mr. Weber stated that the ordinance requires that any structures built in the flood fringe district must be one foot above the 100 year flood level. He stated that the floodway and flood fringe districts both have permitted and conditional uses. He referred the Planning Commission and staff to Sections 4.3 and 5.2 of the proposed Flood Plain Ordinance for standards to evaluate conditional uses in these districts. The Secretary asked whether the conditions for variances are the same in the Flood Plain Ordinance as in the City Zoning Ordinance. He stated that the City has taken a hard stance on variances in the past and would expect any language in the Flood Plain Ordinance to reinforce that stance. Mr. Weber responded that he felt the language in the Flood Plain Ordinance was equally restrictive. Chairman Pierce noted that Section 5.31 prohibits vehicular access below two feet below flood level. He wondered whether a situation might exist where a tract of land above flood level could only be developed if access were provided through an area which was below two feet below flood level. Mr. Weber answered that the Planning Commission and City Council would be free to make discretion- ary judgments in such cases. DISCUSSION OF THE- REVISED COMPREHENSIVE PLAN Mr. Weber referred the Commission's attention to various alterations made in the original draft of the Comprehensive Plan. The Secretary noted that the up- dated Comprehensive Plan does not include a breakdown of various neighborhoods . as included in the previous plan. He suggested those parts of the present Com= prehensive Plan which are still relevant should be included in the updated plan.'Mr. Weber responded that this was feasible and that the present Comprehensive Plan could be continual where it does not conflict with the new Plan. The Secretary recommended that the Planning Commission hold a'public hearing on the proposed plan on October 25, 1979 at their monthly study session. He stated that staff would send notices to all interested parties and publish a general notice in the Brooklyn Center Post. He added that staff would bring before the Planning Commission the plans for neighboring cities to check on compatibility with the Brooklyn Center Plan over the coming months He encouraged the Plan- ning Commission to look closely at the proposed plan and to make suggestions. 9 -27 -79 -6- PUBLIC HEARING Motion by Commissioner Hawes seconded by Commissioner Erickson to set October 25, 1979 as the public hearing date for review of the Comprehensive Plan. The public hearing is to be held in the Council Chambers at 7:30 p.m. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed. OTHER DISCUSSION ITEMS The Secretary referred the Commission to a draft ordinance amendment to add a footnote number 10 to Section 35 -400 of the Zoning Ordinance. He recalled for the Commission the case of the plat for eleven single family homes roughly at the intersection of Xerxes Avenue North and Interstate 694. He stated that in that case the Planning Commission felt that rear yard setbacks should be 50 feet from major thoroughfares as would be required for front and side corner yard setbacks. The Planning Assistant added that the proposed amendment would resolve the question of buildability of a number of parcels abutting the freeway-. The Secretary noted that the draft included berms as possible substitutes for the 50 foot setback and commented that this would not be appropriate for front yards. He encouraged the Commission to review the draft and be ready to make a recom- mendation at the next Planning Commission meting. ADJOURNMENT Motion by Commissioner Hawes seconded by Commissioner Manson tQ "adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pierce, Commis - sioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 9:47 p.m. � Cha rma n 9- 27 -79 -7- j 3. The applicant shall enter into a standard utility maintenance CORRECTION agreement with the City as approved by the City Engineer. 4. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager ) shall be submitted to assure completion of approved site improvements. 5. All outside trash disposal equipment and /or rooftop mechanical equipment shall be appropriately screened from view. 6. B612 curb and gutter shall be provided throughout all driving and parking areas. 7. The applicant shall acquire title to the property vacated by the City for street purposes prior to the issuance of permits. 8. The landscape plan shall be modified to provide three additional 22" to 3" trees plus six to eight shrubs in front of the site prior to, the consideration by the City Council. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson, Lucht and Erickson. Voting against: none. Not voting: Commissioner Theis. RECESS The Planning Commission recessed at 9:12 p.m. and resumed at 9:35 p.m.. APPLICATION NO. 79060 (Standard Oil /Quick Six) The next item of business was Application No. 79060 submitted by Standard Oil for special use permit and site and building plan approval to develop and operate a combined gas station and convenience store and car wash on a 23,838 square foot site at the northwest corner of West River Road and 66th Avenue North. The Secretary pointed out that the site is bounded by undeveloped R5 property on the east, a nonconforming single family home on the north (with land zoned R5), by a Texaco Station on the west side of West River Road and the proposed Atkins Plumbing Contractors office on the south side of 66th Avenue. The Secretary noted that the property is zoned C2 and gas stations and car washes are special uses within that zone. The Secretary described t he site as almost square with one 30 foot access drive onto 66th Avenue North and another onto West River Road. The proposed structure, he said, is 31' x 36' with a 40' x 59' canopy to shelter .four pump islands to the west of the building. He pointed out that the canopy is to be set back 39 feet from Highway 169 right -of -way and the pump islands roughly 50 feet. He acknowledged that there is no setback requirement for either canopies or pump islands, but that staff consider any additional pump islands to be in- appropriate for an already crowded site. The Secretary stated that the principal structure is split evenly between the convenience store on the west side and the car wash on the east side. He pointed out an 8' x 12' fenced trash enclosure is to be situated on the.east side of the building. The Secretary indicated that all relevant setbacks are met by the proposed plan and that the 11 re- quired parking stalls are also shown on the plan. Handicapped accessibility is provided by two ramps on the north and west sides of the convenience store. The Secretary then referred the Commission to a letter of application submitted by the applicant stating that the proposed use will not be detrimental to or impede the development of surrounding property, but will improve property values. 9 -13 -79 -7- The proposed hours of operation, with "normal product availability" would be 24 hours a day. The Secretary commented that since the vast majority of business transacted is the purchase of gasoline, there does not seem to bp a conflict with similar uses. 'If complaints should arise over the round - the -clock service, he said, some restriction on the hours of operation could be made through the special use permit yearly review process. The Secretary explained that the building itself will have a split level roof with the car wash extending roughly three feet above the convenience store. The convenience store will receive a full mansard treatment which will also serve to screen rooftop mechanical equipment, while the car wash will an 18 inch deck treatment around the top. The exterior of the building faces will be precast concrete with exposed aggregate carried uniformly around the entire building. Windows will be a dark bronze color. The Secretary briefly reviewed the landscaping features of the plan. He pointed out that the applicant intends to relocate or replace an existing six foot high . redwood fence to shield driving and parking areas from neighboring residential property. Sod is proposed in all green areas except the east side of the site where steep slopes will be treated with Class 11 Minnesota State Highway speed mix. The Secretary commented that two large.existing trees at the northeast corner of the site will be preserved if at all possible. The Secretary noted that other plantings include 10 Redtwig Dogwood, 15 Smooth Sumac, 2 Marshall Ash, and 5 Broadmoor Junipers.. The Secretary stated that the applicant proposes four inches of crushed rock and two inches of decorative rock on top of reinforced "poly" in the planting areas on the west and south sides of the site. He noted that an underground sprinkler system is designated in all landscaped areas. The Secretary indicated that drainage from the site is primarily toward a drainage ditch on the south edge of the site. Underground storage tanks, he noted, are proposed for the west side of the site to allow fuel trucks to refill the tanks with minimum disruption to traffic flow. B612 curb and gutter are indicated around all parking and driving areas. The Secretary concluded by explaining that two way traffic is proposed through both curb cuts. He recom- mended that the Planning Commission approve this design to allow a freer, flow of traffic. In answer to a question from Commissioner Hawes, the Secretary confirmed that a median exists in Highway 169, north of 66th Avenue North. Commissioner Theis asked whether the price of a car wash would be reduced with the purchase of gas. The Secretary answered that the applicant has proposed that arrangement. There was a brief discussion concerning the location of the underground gas tanks. The Building Official explained that the plans must be submitted to the State Fire Marshall for approval and that gas pumps must be set back a minimum of 25 feet from the property line. In response to a question from Commissioner Hawes regarding the widening of Highway 169, the Superintendent of Engineering stated that no decision had been made as yet whether the area at 66th Avenue North would be widened. He did add, however, that even if the north Crosstown expressway is not approved, Highway 169 is proposed to be upgraded north of the 694 intersection. In response to another question from Commissioner Hawes regarding a bike path, the Secretary stated that the bike path would be installed contingent upon it receiving Great River Road designation and thereby federal funding. 9 -13 -79 -8- 8. The applicant shall submit a complete set of revised drawings prior to consideration by the City Council. 9. The applicant will enter into a standard utility maintenance agreement with the City as approved by the City Engineer. 10. In the event that two existing elm trees on the site become diseased, they shall be removed and replaced with 22" to 3 diameter trees that will grow to a similar size at maturity. Voting in favor: Chairman Pierce, Commissioners Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. A PPLICATION NO. 79061 (DeWitt Enterprises /Humboldt Square Estates) The Secretary introduced the next item of business, Application No. 79061, site and building plan approval for an eight unit townhouse complex to be located on a .9 acre tract of land across from Humboldt Square Shopping Center roughly 6801 Humboldt Avenue North. The Secretary pointed out that the parcel is bounded by the Humboldt Courts Apartments on the north, by the Speculative No. VII Industrial Building on the west, by the Bardel Apartments on the south and by Humboldt Square Shopping on the east side of Humboldt Avenue North. He noted that the land is zoned R5 and that R3 uses such as townhouses and single family attached condominiums are permitted uses in the R5 zone provided they meet R3 district requirements. p The Secretary explained that the applicant seeks to put eight townhouse units in the form of two quadra homes on a 39,307 square foot parcel. Each unit will have a two car tuck -under garage and the applicant proposes to take advantage of Section 35 -400 which entitles him to a density credit of 500 square feet per enclosed parking stall, or a total density credit of 8,000 square feet over the entire site. At 4,400 square feet per unit, he said, the allowable density is 8.9 units. He noted the total parking provided on the site would be 32 spaces or double the ordinance required amount. Access to all units is provided by a driveway running along the north side of the property. The Secretary stated that the applicant proposes that each unit have its own platted lot including the unit and a small yard area and that the drives and front and rear yards be designated as common area. Each lot will be approximately 44' x 44 and the applicant will be submitting a replatting of the area at a future date. The Secretary indicated that the structures are to be set back 10 feet from the south property line as required by the ordinance. In addition, he noted, the setback.off Humboldt Avenue is roughly 72 feet, well in excess of the 50 foot ordinance requirement. The Secretary noted that the landscape plan intends to make generous use of large existing trees on the site with additional plantings scheduled for the front and rear portions of the site for appropriate screening purposes. He indicated that all common, driving areas will be surrounded by B612 curb and gutter and that the site will generally drain toward the rear. Commissioner Hawes asked whether drainage of individual lots would be toward the gutters in - front of the garages along the proposed property line and from thence to the main drive. The Secretary confirmed that concept. Commissioner Hawes inquired as to he screening t from the industrial uses to the west. The Secretary ex- plained that screening is normally the responsibility of the industrial use, but noted that the applicant is proposing a berm on the west side of the site to provide screening. The Secretary also explained that the tuck -under garage density credit is optional, but that the proposed eight units is roughly half of what would be allowed to an R5 use. Commissioner Manson asked whether the units would be for sale. The Secretary stated that it is his understanding that it is the applicant's intention to sell the units individually. 9 -13 -79 -1.1- He explained that in order to accomplish this, the.property must be replatted' and Homeowner's Association documents filed. Chairman Pierce then recognized Mr. James Merila, representing the applicant, to speak on behalf of the proposal. -Mr. Merila showed a number of slides of the existing vegetation on the site and of similar quadra homes built in other locations. He then gave a brief description of the traffic circulation on the site. In answer to various questions from the Planning Commission, Mr. Merila stated that he was not sure of where the financing for the project would come from, but he thought�it would probably be FHA. He indicated that fireplaces would be an optional feature for each individual unit. He also indicated that the applicant is anxious to begin construction and that sale of the units would not be a precondition of construction. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79061 - (DeWitt Enterprises Motion by Commissioner Erickson seconded by Commissioner Manson to recommend approval of Application No. 79061, submitted by DeWitt Enterprises, for an eight unit townhouse complex at roughly 6801 Humboldt Avenue North 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 landscaping plans are subject to the review and approval of the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. All outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 5. B612 curb and gutter shall be provided around all common .dri areas. 6. The property is subject to replatting in accordance with Chapter 15 of the City Ordinances. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Lucht Manson and Erickson. Voting against: none. The motion passed unanimously. DISCUSSION ITEM The Secretary explained that there had been a slight mistake in scheduling the October 18 Planning Commission meeting. He suggested that it would expedite consi deration of October business items if the _meeting were held on October 11 instead, since they could then be considered by the City Council on their October 22 meeting. Although Commissioner Theis and Commissioner Manson stated they would be unable to attend the October 11 meeting, it was decided by consensus that the first business meeting of October would be scheduled for October 11 instead of October 18. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Hawes to adjourn the meeting of the 'Planning Commission. Voting in favor: Chairman Pierce, Commis - sioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Planning Commission adjourned.at 11:24 p.m. 9- 13 -79. -12- CITY OF BROOKLYN CENTER ! / ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 REGARDING SPF,CIAL REQUIR[21ENTS IN I -1 AND I -2 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER. DCES ORDAI14 AS FOIMIS : Section 1. Section 35 -413 of the City Ordinances of the City of Brooklyn Center is hereby amended by the deletion of the following: [l. Buffer and setback Where a proposed I -1 or I -2 development abuts an Rl, R2, or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 100 feet in width. The protective strip shall not be used for parking, driveways, offstreet loading or storage and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right -of -war. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other -than the approved fence or wall.] [Where a proposed I -1 or I -2 development faces any residential district (R1 through R7) across a street, buffer provisions shall be established consisting of a protective strip along said street. The protective strip shall be no less than 50 feet in width, shall contain no structures, shall not be used for parking, offstreet loading, storage, or any other activity, and shall be landscaped. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council.] Section 2. Section 35 -413 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: 1. Buffer and setback Where a proposed I -1 or I -2 developoent abuts and residential district (Rl through R7) either at a property line or a public street line, buffer provisions shall be established according to the following: a. Mere I -1 or I -2 abuts Rl, R2, or R3, at a property line, the protective strip shall be no less than 100 eet in width. The protective strip shall not he used for parking, driveways, offstreet loading or storage and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend wi.thi,n 10 feet of any street right -of -way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in he>ght. The protective strip shall contain no structures other than the approved fence or wall. ORDINANCE NO. b. Where I -1 or I -2 abuts Rl, R2, or R3 at a public street line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for parking, off - street loading, storage, or any other industrial activity, and shall be landscaped. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. C. Where I -1 or I -2 abuts R4, R5, R6, or R7 at a property line-, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for offstreet loading, storage or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip . provided it does not extend to within .I5 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. d. Where I -1 or I -2 abuts R4, R5, R6, or R7 at a public street i.ne, the protective buffer strip shall be no less than 25 feet in width, shall contain no structures other than screening devices, shall not be used for parking, offstreet loading, storage, or any other industrial activity, and shall be 1 and - sca The a i c vi t t� areas sha 1 Imo• be effectivel y screened from view of the residential district in a manner 4 to be approved by the City Council. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1979. Mayor AMST Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) L CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE VACATING AN ALLEY LYING BETWEEN EMERSON AND FREMONT AVENUES NORTH BETWEEN 56th AND 57th AVENUES NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The alley bounded by the north right -of -way line of 56th Avenue North; the south right -of -way line of 57th Avenue North; and the west line of Lots 6 through 10 and the east line of Lots l through 5, Block 2, Reidhead's Addition, is hereby vacated as a public alley. Section 2. The City excepts from vacation of the aforementioned alley, and reserves to itself and its assigns, an easement for public utilities and drainage purposes on, over, and under the easterly seven (7) feet of the above described property. Section 3. This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1979. Mayor ATTEST: Clerk Date of Publication Effective Date MEMORANDUM TO: Gerald Splinter, City Manager FROM: Tom Bublitz, Administrative Assistan DATE: October 12, 1979 SUBJECT: Findings Of Fact On Special Assessment Hearings As directed by the City Council at the September 24, 1979 Council meeting, the City Attorney has prepared the following information regarding the benefits received by Ms. Melba Evanson's property as a result of the installation of the street, storm sewer, sanitary sewer and water main in Projects 1978 -21, 1978 -22, 1978 -23 and 1978 -24, and the benefits received by the Brookdale Towers property along newly constructed Irving Avenue from the Grading, Base and Surfacing Project 1978 -20. The City Attorney has reviewed the files containing information about the assessments on the property owned by Melba Evanson. The parcel is approximately 150 feet in width and 630 feet in depth. It has 150 feet of street frontage on 68th Avenue and 150 feet of street frontage on 69th Avenue. Sanitary sewer and water are available on 69th Avenue and 68th Avenue. Under those conditions the property could be divided into four lots. By installing the street, sanitary sewer, water and storm _sewer in the new location, the Evanson property could be divided into approximately eight lots. The cost of these improvements is just under $10,000.00, which is less than the value of a typical residential lot. The City Attorney indicated that after consultation with the City Assessor, it is clean that the value of the Evanson property was_ increased much more than the amount of the assessment. The City Attorney has reviewed the file and conferred with members of the Engineering staff regarding the Brookdale Towers apartment property. The property is a 50 -unit apartment building which has street access from only one side. The City Attorney.indicated that members of the City staff have observed that tenants of the building use the newly completed Irving Avenue for parking, for personal access to the building, and as a location from which to move their furniture and belongings in and out of the building. The City Attorney noted further that the area in which the street was built has created a long- standing problem of maintenance. Specifically, the area has never been sodded and has contained weeds and grass for many years. It has been used as a pathway for pedestrian and bicycle traffic. The property owner has stated that they did not wish to 'do any landscaping until Irving Avenue was built because of the difficulty of maintenance and the fact that construction would tear up any sod which was placed. After consultation with the City Assessor, it is apparent that because of the improved maintenance and landscaping, and because of the improved access, the value of the Brookdale Towers apartments property is increased to an extent greater than the amount of the assessment for the street. TB:aw October 11, 1979 To: Tom Bublitz, Administrative Assistant City of Brooklyn Center From: R. J. Schieffer, City Attorney Re: Findings of Fact on Special Assessment Hearings I recommend that the Minutes of the City Council meeting contain tae following item relative to the question raised by Melba Evenson and relative to the Brookdale Towers property. "Melba Evenson, the property owner of'Parcel - requested that the Council describe to herthe benefits which were being received b her pr �.rt as a result of the inst lla - g y p P y a tion of to street, storm sewer, sanitary sewer and watermain. The City Attorney commented that Ms. Evenson was entitled to such a statement and the City Council directed the staff to prepare a report to be attached to_ .the_. - Minutes and approved by the City 10 Council at its next meeting ". Regarding the Brookdale Towers property along newly con - structed Irving Avenue, I recommend that the following item appear in the Minutes at the point where the Irving Avenue Street improve - ment is discussed. "Mr. Noska stated that in view of the fact that an appeal had been tiled on a P revious assessment of the Brookdale Towers property when utilities were placed in Irving Avenue, that a statement regarding the benefits derived from the street should be prepared. The City Council directed the staff to prepare such a report." The following statement should be added at the end of the Minutes. "The City Attorney reported he had reviewed the files con - raining information about the assessments on the property owned by Melba Evenson. The parcel is approximately 150 feet in width,; and 630 feet in depth. It has 150 feet of street frontage on 68th Avenue and 150 feet of street frontage on 69th Avenue. Sanitary sewer and water_ are available on 69th Avenue and 68th Avenue. Under those conditions the property could be divided into four lots. By installing the street, sanitary sewer, water, and storm sewer in the new "location, the Evenson property could be divided into ap- proximately eight lots. The cost of these improvements is just under $10,000.00, which is less than the value of a typical resi- dential lot. The City ty Attorney reported that after consultation r' -1- 1 0, with th Ci As s__g it was clear that the value of the Evenson property was increased much more than the amount of the assessment," "The City Attorney reported that he had reviewed the file rs f the Engineering staff regarding and conferred with membc. o g g the Brookdale Towers apartment property The property is a 50- unit apartment building which has street access from only one side, The City Attorney reported that members of the City staff have observed that tenants of the building use the newly completed Irving Avenue for parking, for personal access to the building, and as a location from which to move their furniture and belongings in and out of the building. The City Attorney reported further that the area in which the street was built has created a long standing problem of maintenance. Specifically, the area has never been sodded and has contained weeds and grass for many years. It has been used as a pathway for pedestrian and bicycle traffic. The property owner has stated that they did not wish to do any land - scaping until,.Irving Avenue was built because of the difficulty of maintenance and the fact that construction would tear up any sod which was placed. After consultati wit t he Cit y Assessor, it appears that because o t.Le imi� roved maintenance an`d landscaping, and because of the improved access, the value of the Brookdale Towers apartments property is increased to an extent greater than the amount of tLie assessment for the street." R.J.S. Diet. 10/10/79 MEMORANDUM TO: City Council FROM: Brad Hoffman, Administrative Assi tant DATE: October 4, -1979 SUBJECT: Housing Inspection Ordinance For over a year, the Brooklyn Center Housing Commission has been studying the concept of a housing inspection ordinance for the City of Brooklyn Center. The housing inspection ordinance would require that a housing inspection be made of a house prior to its sale and that the results of that inspection be made available to prospective buyers. While a number of communities have housing inspection ordinances, there are essentially two (2) approaches to implementing a housing inspection ordinance. St. Louis Park, who was the first community to pass a housing inspection ordinance, requires the repair of items noted to be deficient during their housing inspection. The repairs must be made prior to the closing on the sale of the home. The second approach is that of Minneapolis under their Truth in Housing Ordinance. Minneapolis has certified individuals in the private sector to perform inspections. The inspection report completed by these private inspectors is made available to all prospective purchasers of the home Mandatory repairs are not required under the Truth in Housing approach. When Brooklyn Center passed its Housing Maintenance and Occupancy Ordi- nance in 1975, it was noted that such a code would represent an impetus for a variety of programs designed to .assure the long term maintenance, rehabilitation and development of quality housing. The primary intent of the housing maintenance code was to establish minimum standards to assure that existing dwellings remained safe, sanitary and fit for human habita- tion. At that time, a number of possible programs were discussed by the Council to assure the enforcement of the ordinance. The proposed housing inspection ordinance would provide a tool by which the City through its mandatory inspections could take significant steps towards the realization of the objectives of the housing maintenance code. -Between 500 and 600 homes are sold annually in Brooklyn Center. That means approximately eight percent of the City's housing stock would be inspected each year. Under the proposal currently being contemplated by the Housing Commission, all homes inspected would be certified to meet the minimum standards of the Housing Maintenance Ordinance. -2- Brooklyn Center's housing inspection program would mandate an inspection prior to the point of sale of any single family or double bungalow home in Brooklyn Center. It would be the intent of the ordinance to enforce Chapter 12 (Housing.Maintenance Code) of the City's Ordinances. Those items under Chapter 12 which affect the health and safety of the occupants that are found to be deficient would be required to be repaired prior to the closing of the sale. Other items covered under Chapter 12 that did not affect the health and safety of the inhabitants but were in conflict with the ordinance would be listed on the inspection sheet to assure the consumer's awareness of potential problems associated with the house. The City staff has recommended that the program be administered in a ,manner similar to the way electrical inspections are currently handled by the City. The City would contract with a qualified individual to perform the inspections. The individual would in turn receive a fixed percentage of the inspection fees collected The.City staff would provide administrative and secretarial services as needed. The City Attorney should address the question of the City's liability under the program. BH:aw 6 September 13, 1979 „ Mr. Jerry Splinter, Manager 1 City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, M 55430 Dear Jerry: The Chamber of Commerce has been working for the past several months on a Brooklyn Center "Profile" brochure. This brochure will be two- part: the first is a 4- color, 11x17 folder with community pictures and information on the qualify of life in our city schools, parks, churches, the business community and information on city services plus a brief history of Brooklyn Center. The second part of this brochure will be a llxl7 enclosed map of the city. This map on one side will pinpoint schools, churches, city parks, city hall, shopping centers plus businesses who wish to adver- tise on the map. The flip side of the map will be the explanatory . grid with names, addresses, phone numbers and other necessary infor- mation. This project is quite costly - approximately $6000 as our estimate. This cost will be borne partly by advertising businesses and partly by selling copies of the bruchures (20,000 is expected, as the first run). Ile would hope that the city will pick up one - quarter of the cost of this brochure - approximately $I, -SG0,. to help amortize the 1 cost. The Chamber is hopeful that the City Council will agree that it is to the benefit of the city as a whole to have this brochure printed. Motels, real estate companies, the Chamber office and perhaps city hall will be the main distributors of this brochure to tourists, citizens plus prospective homeowners and businesses. Jerry, we wish to make this request for funds perhaps at a budget hearing, or in.khatever fashion is proper. Please let us know what procedure we should follow from this point. Best regards, Lonni McCauley Exec Vice - President NOTE: The city would receive 5,000 copies of this brochure at no cost if they so desire. Licenses to be approved by the City Council on October 15, 1979 ITINERANT FOOD ESTABLISHMENT LICENSE Karen Youngberg 5419 Girard Ave. No. / Earle Brown P.T.A. (Carnival - Country Store) T ,GCJ_r1_/1 J =James McAlpin 6248 71st Ave. No. Knights of Columbus (pancake breakfast) Sanitarian p RENTAL DWELLING LICENSE Initial: Thomas & Mary Harty 5837 Lyndale Ave. No. Don Pfau 6913 Unity Ave. No. ee . Q (J� 4.►Z f Dania! Bartus 3500 66th Ave. No. / Gl1ci2Jtk ddZ_ Renewal: David Jensen & Gordon Wellens 5501 Brooklyn Blvd. Thomas & Bill Howe 3129 49th Ave. No. t -a- - Director of Planning and Inspection SIGN HANGER'S LICENSE Kaufman Outdoor Advertising Co. 315 Washington Ave. No. Building Official I +ic