The URL can be used to link to this page

Home My WebLink About1979 09-24 CCP Regular Session s CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER September 24, 1979 7 :00 P.M. Call to Order X Rol] Call /3. Invocation /4: Approval of Minutes - September 10, 1979 Open Forum c9iif� ✓V r) � ai 7. Public Hearings: * ./� Federal Revenue Sharing (8:00 p.m.) b. Special Assessments Hearinq (8:00 p.m.) V -A public hearing on special assessments which are to be levied this year. 8. R olutions: f�Nd,ow�F Accepting Bids and Approving Contract Form for Contract 1979 -G - Contract 1979 -G includes street construction in the Ponds, Plat 7, rq_ Z/O paving of James Circle, and bituminous sidewalk on 69th Avenue North. Bids are scheduled to be opened at 11:00 a.m. on Monday, September 24, 1979. Accepting Bids and Approving Contract Form for Purchase of Fill Material • for Central Park -Bids are scheduled to be opened at 11:00 a.m. on Monday, September 24, 1979. Authorizing Truck Rental for Central Park Site Grading Project 1978 -41 � -These trucks will be used to transfer various soils from their present location on site to areas where these soil types are required to meet landscaping and development plans. Confirming Assessments for Water Main Improvement 1978 -4, 1978 -21, and 1978 -31; and Sanitary Sewer Improvement 1978 -5 and 1978 -22; and Storm Sewer Improvement � � 223 1978 -23, 1978 -32, and 1978 -35; and Street Surfacing Improvement 1977 -19, 1978 -20 � f and 1978 -24; and Alley Improvement 1977 -13, 1977 -22, and 1978 -7; and Curb and Gutter Improvement 1977 -20 and 1978 -28 Certifying Delinquent Public Utility Accounts Certifying Noxious Weed Cutting Accounts Certifying Public Hazard Removal Accounts Granting Consent to the Conveyance of a Mortgage Deed from Independence Ten to Canada Life Assurance Authorizing the Advertisement for Bids for Water Meters Needed by Utility ��a�� Department for 1980 CITY COUNCIL AGENDA -2- September 24, 1979 Amending Resolution on Sanitary Sewer Rates and Fees r7O-2/ Authorizing Joint and Cooperative Agreement for a Northwest Suburbs Cable Communications Commission and Designating Directors Therefor r q--21 Aigp3i' aoexe yaw+ ae�wX :e8vermc Bend — r Establishing a Public Hearing Date for Cass Screw Industrial Revenue Bond Proposal Z'1 — 2 1 Authorizing Application for Law Enforcement Assistance Administration Funding -This application would provide LEAA funding for a communications consolidation feasibility study for the Cities of Brooklyn Center, Crystal, Robbinsdale, Golden Valley, and New Hope. Amending the 1979 General Fund Budget to Provide Funds for the Acquisition of One Data Processing Interactive Terminal Authorizing the Purchase of Sliding Glass Doors for Pool Area ry — 2 3 t7 Request for Explosives Permit, Howe, Inc. j q' — 2 2! 9. P nning Commission Items (8:30 p.m.): Application No. 79059 Submitted by Michlitsch Builders -The applicant seeks site and building plan approval of a fourplex located west of the new 7- Eleven Store at the corner of 69th and Humboldt Avenues. Application No. 79059 was recommended for approval at the September 13, 1979 Planning Commission meeting. Application No. 79060 submitted by Standard Oil (Quick Six Station) -The applicant seeks site and building plan and special use permit approval of a combination gas station, convenience food shop, and car wash at the northeast corner of 66th Avenue and West River Road. The new structure will replace an existing gas station. This application was recommended for approval at the September 13, 1979 Planning Commission meeting. Application No. 79061 Submitted by DeWitt Enterprises -The applicant seeks site and building plan approval,of an eight unit townhouse complex to be known as Humboldt Square Estates, located at roughly 6800 Humboldt Avenue North across from Humboldt Square Shopping Center. Application No. 79061 was recommended for approval at the September 13, 1979 Planning Commission meeting. 10. Or 'nances An Ordinance to Phase Out Howe Chemicals, Inc. r7q-� -The ordinance was first read on August 27, 1979, published on September 6, 1979 and is presented this evening for a second reading. (/ An Ordinance Amending Chapter 34 Regarding Freestanding Signs for R3 Through R7 Districts The ordinance was first read on August 27, 1979, published on September 6, 1979 and is presented this evening for a second reading. y t CITY COUNCIL AGENDA -3- September 24, 1979 Approval of Fire 'Relief Association Investment r -It is recommended that a motion be made by the City Council approving the Fire Relief Association purchase of Government National Mortgage Association certificates at the interest rate of 9�% with the maturity date of June 15, 2009, and Ford Motor Commercial Paper at the interest rate of 10.6% which matures November 1, 1979. Declaration of Surplus Property -It is recommended that a motion be made by the City Council declaring certain pipe and fittings in the Public Utilities Department as surplus. 13. Discussion Items The City's Contribution to Northwest Hennepin Human Services Council -The City's contribution to Northwest Hennepin Human Services Council for 1979 is $921. County State Aid Highway 130, County Project.7325 - 69th Avenue North from West of T.H. 152 to T.H. 169 in Brooklyn Center -This project has been removed from the proposed 1980 -1984 Hennepin County Transportation Capital Improvement Program (CIP). S.P. 2748 -21 (T.H 1 - 65th Avenue North in Brooklyn Center to 77th Avenue North in Brooklyn Park -This project has been placed on an unscheduled status by the Minnesota Department of Transportation. Detached worker Program X 0 Brooklyn Park Request for Temporary Four -way Stop Signs on 73rd Avenue at Humboldt Avenue and at Newton Avenue Reconvene Special Budget Meeting Licenses 16. Adjournment SEPTEMBER 6, 1979 TO THE MAYOR AND CITY COUNCIL OF BROOKLYN CENTER: WE, THE UNDERSIGNED, HEREBY PETITION THE CITY COUNCIL OF BROOKLYN CENTER TO AUTHORIZE THE INSTALLATION OF A PEDESTRIAN SIDEWALK ON JOHN MARTIN DRIVE BETWEEN SHINGLE CREEK PARKWAY AND THE HIGHWAY 100 OVERPASS, AND ALONG THE HIGHWAY ENTRANCE RAMP TO 57TH AVENUE. THIS IS A LONG §TANDING NEED OF THE RESIDENTS OF SHINGLE CREEK TOWER (6221 SHINGLE CREEK PARKWAY), MANY OF WHOM ARE INFIRM DUE TO AGE OR HANDICAPS. WE UNDERSTAND THAT A SIDEWALK IS BEING PLANNED FOR SUMMIT AVENUE, TO TIE IN WITH THE COMPLETION OF THE NEW PARK IN THIS AREA AS WELL AS THE SHINGLE CREEK PARKWAY OVERPASS OVER I -694, TO FACILITATE PEDESTRIAN TRAVEL FROM THE EAST SIDE OF HIGHWAY 100. THE PROPOSED SIDEWALK WILL BE OF NO PARTICULAR USE TO THE RESIDENTS OF SHINGLE CREEK TOWER, WHO NEED TO WALK OR WHEELCHAIR OVER TO THE BUSINESS PLACES ALONG JOHN 'MARTIN DRIVE AND AT NORTHBROOK SHOPPING CENTER. AT THIS TIME, THE ONLY WAY TO GET TO THOSE PLACES IS BY WAY OF THE STREET. WITH THE INCREASE IN TRAFFIC THAT IS SURE TO COME WITH THE NEW PARK AND OVERPASS, SUCH TRAVEL WILL BE EXTREMELY HAZARDOUS. A SIDEWALK ALONG JOHN MARTIN DRIVE IS ESSENTIAL AND MUST HAVE PRIORITY OVER THE SUMMIT AVENUE SIDEWALK. c _!e l e- - � e 1 r t W �. x U A CA I 0 / �klee �-Iole l r � 7 i I s 7 i X4,t f r� Wt i S - d G A",� F '57 F( Name i vet' S A;,Ee 3 Address 94� 7`o��Jy Telephone �__4 Occ 1 5j o c7 /o S Years lived. in Brooklyn Center I am interested-in serving on the: Park & Recreation Co„u7iission Park Service Area Committee Either I have read Council Resolution 73 -25, which defines the purpose, authority and responsibility o- the Brooklyn Center Park and Pecreation Commission and the Park Service Area Committees. Yes 1' No _� Com -ments I understand the importance of regular Commission./Committee meeting attendance and participation, and feel I have the time available to be an active participant. Yes N0 Comments Additional comments on my interest, experience, background, id - Etc. ---- — J A,7/e"n ,o y err . C i - - J r �* ._�,. M f 1 J Z Y atJre Cate r I. Submit to: Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Parkway j Brooklyn Center, NIPJ 554W AP i Gr1I.? �Pl O 1 Pi P ..TU Psc�l_1.:�1 rril_I - ER . ?t?± <�; Pia ao _ 1 , SD - w xo _ Age Address (�; fdl Telephone M5�6 = Occupation , �lPCr .e. ..� s S/I�c�.•!r e T Years lived: in Brooklyn. Center��y I am interested in serving on the: Park & Recreation Coat,-tission Park Service Area Commi Either I have read Council Resolution 73 -25, which defines the purpose, authority and responsibility of the Brooklyn Center Park and Pecreation Commission and the Park Service Area. Committees. Yes I`< Nri _ Com,;,er.ts I understand the importance of regular Commission /Committee meeting attendance and participation, and feel I have the time available to be an active participant. Yes P;o Comments Additional comments on my interest, experience, background, ideas, etc. _ 7: Eno y!•'. ,< �J err Col- 10 cr,ature ! a to s Submit to: Mayor Dean Nyauist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, 1411 55430 and Fig man ngY against; n Britts motion N = er , Council Jensen m e The m ft- Pa ssed. V °ti non ft that m abstained as he was not eating Approval of Minutes I1 -8 -76 Motion by Councilman Jensen and second B' November a pprove the mina Ed by . tuber 8 uses of the Councilman.K1976 City Council meeting as sub k Votin - ty Voting in favor: Mayor Cohen ry' Councilmen Britts � and Jensen. Voting . -� � g against• � Kuefler, Fignar li passed unanimously, none. The motion I Final Plat ' ��Fy' The City 1 f (Dale &Davies o Y Manager introduced the i�� n the a first item of business 2nd Addition) Benda, that of con sideration of a final plat f T-1 Dale and Davies 2nd Add' or I !!;II h �2 the southwest quadrant representing Property at quadrant of intersection Trunk Highway 100 4 at France Avenue North and Lake Breeze Avenue r 6 i y He stated that the Cit e north. approval of the plat on Oc had granted preliminary e `� r ��! d y � �� i $ 19 With Planning 7 � Commi 6 in conjunction Commiss Application s No. 7605 2. The Director of Public Works r Proceeded to review the final i � �rF Plat and a brief uscu ission enSuec� � � � Britts raisin ? with Councilman g a number of qutes,tions regardi�n property and its relation to a g the i 'A Proposed , Highway Department interchange for Trunk Highway 100: Th �;'Ih��tii i Director of Public Works responded that he had e a number of transparencies that show the Highway on file, Department ro P posal's and its relation to the ' in question. F o ll owing roperty ng further discussion it was the consensus of the Council to table further conside w of the Dale and Davies plat until later in them ration I r� �— following meeting --_ g a review of trans � Public Works, parencies by the Director of =' �. . 4 PProval of Fire I II IiIl t ;� RIli Motion b p , of Association y Councilman Britts and seconded by �vestrnent Councilman Ku to a � PProve a Fire Relief Association investment of $99,875 for the Ru�chase of $100 C00 of Government National Mort I g ge Association certificates N I'll I; 'Y at an inter rate % w _ -- _ of 8 hick matu on • n � .� .. . Augus 20 � 11-22-76 ' f�s, r, i L 8 n r _ f 10�, - � y m+ f �N Voting in favor: Mayor Cohen, Y en, Councilmen Britts, RESOLUTION Fignar and J ensen. Voting . against: none. J NO..76 - 7 j, The motion p .•, . � # + �� assed unanimously. Kuefler, � Motion by Councilman Jensen and seconded by Councilman Fignar to authorize reduction of a subdivision Subdivision Bond Reduction (Johnson - bond for Johnson -Brandvold Addition located on Camden Avenue North southerly of 58th Avenue from $1, 000 to Brandvold Addition) ? $250 on the basis of subdivision obligations which have «' been satisfied. Voting in favor: Mayor Cohen, ^ ` ! `'bouncilmen Britts, Kuefler, Fignar, and Jensen. Voting ,ainst: none, p ' The motion passed unanimousl y. ��.•� Y f r' Motion by Councilman Fignar and seconded by Councilman Kuefler to authorize release Subdivision Bond ease of a $500 subdivision bond for Registered Land Survey No. 1406 Release (R.L.S, RESOLUTION r lZi located at Colfax Avenue and 60th Avenue North on the No. 1406) NO. 7 basis that subdivision obligations have been satisfied. 6 -I58 I Voting in favor: Mayor Cohen, Councilmen Britts, { % Kuefler, Fignar, and Jensen. Votin g a gainst: _ none. i%'; r , The motion passed unanimously. Member R obert - .:�� I,'i Robe Jensen i ntroduced + p. ed the following resolution s adoption: RESOLUTION and moved it Pt, NO 76 -154 y RESOLUTION EXPRESSING RECOGNITION OF AND !" �1 .) APPRECIATION FOR THE DEDICATED PUBLIC 'SERVICE OF LAIRS. MARY STIRS The motion for the adoption of the foregoing resolution k ff was duly seconded by member Bill Fignar, and upon. NO. 76 -159 RE SOLUTION vote being taken thereon, the following voted in favor TION { thereof : - Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen, and the following oted p g against the same: none = _ . whPr�„nr,„ g MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 10, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. G ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka and Celia Scott. Also present was City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Superintendent of Engineering James Noska, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Tony Kuefler was ill and was excused. Mayor Nyquist also noted that Councilmember Bill Fignar had indicated that he would be late but would be in attandance at. the meeting. Mayor Nyquist noted that a quorum was present and that it be so noted in the minutes. INVOCATION The invocation was offered by Mayor Nyquist. APPROVAL OF MINUTES - AUGUST 27, 1979 Mayor Nyquist noted several corrections to be made in the August 27, 1979 City Council minutes. On page three, the third sentence in the fourth paragraph is to be stricken from the minutes. On page eight in the seventh paragraph, Councilmember Lhotka's name is to be stricken from the minutes since he was not in attendance at the meeting. On page eight, the last two sentences in the sixth paragraph should read as follows: "The Director of Public Works indicated that there is no median cut there to allow that. David Shaw, architect for Farmers and Mechanics, indicated that he agreed with the problems being expressed and that the exit to Xerxes should be eliminated (entrance only)." There was a motion by Councilmember Scott and seconded by Mayor Nyquist to approve the minutes of the City Council meeting of August 27, 1979 as corrected. Voting in favor:: Mayor Nyquist and Councilmember Scott. Voting against: none. The motion passed. Councilmember Lhotka abstained as he was not present at that meeting. f' OPEN FORUM t Mayor Nyquist opened the meeting for the purpose of the Open Forum session. Mayor Nyquist recognized Mr. Leo Hanson, 4903 Brooklyn Boulevard, who wished to address the problem of dying lawns in the area of Howe, Inc. Mr. Hanson stated that he and his neighbors met with Tom Howe, his father, and their attorney and stated that the Howes indicated at that meeting that they would not help with the repair of their yards. Mr. Hanson indicated that Howe, Inc. had already aided with the repair of :some State owned property in the area and he asked what Howe intends to do concerning the repair of the City boulevard in the area. The City Manager indicated to Mr. Hanson that the boulevard along 49th is the responsibility of adjacent property. owners. The City Attorney stated that the City uses the boulevard for snow storage, street expansion, etc., but that it is the property owners' responsibility to main- tain the appearance of the boulevard. The City Attorney stated that it is the property owners' responsibility to.maintain the boulevard area adjacent'to his property as if it were the property owner's lawn. 9 -10 -79 -1- Mr. Hanson then stated that Howe, Inc. is building a dike around their acid tank and questioned whether or not any permit was required by the City of Brooklyn Center for this construction. The City Manager stated that no permit was required by Brooklyn Center for this action, but that it was reviewed'by the City. Mr. Hanson then expressed concern over an area that he referred to as a drainage area. The City Manager indicated that this land was owned. by Soo Line Railroad, and that the Pollution Control Agency had ordered the Soo Line to clean up the Atrazine in this area. Mr. Hanson then stated that this "pothole situation has gone on for seven years p Mr. Hanson inquired about the status of the lawsuits against Howe, Inc. The City Attorney indicated that several lawsuits were now pending against Howe, Inc. ' He further stated that Howe has brought motions to sever the lawsuits one by one but that all motions to spearate the lawsuits have been denied. The City Attorney also stated that on September 13, 1979 a motion will be made to have one judge hear all lawsuits now pending against Howe in the civil courts. The City Attorney also stated that the City will not oppose this action. Mr. Hanson indicated that he will continue to oppose:.Howe, Inc.' in this matter: Mr. Fred Fournier, 4900 Zenith Avenue North, indicated that some type of 'drain has been installed which extends from Howe to Ryan Lake. The City Manager stated that he will examine the situation in response to Mr. Fournier's concern. Councilmember Bill Fignar arrived at 7:20 p.m. Mayor Nyquist recognized Mr. Thomas Howard, 2800 64th Avenue North, who wished to address the problem of diseased elms within the City and also to comment on the Brooklane Park shelter building. _Mr. Howard stated that he felt that more diseased trees should be marked and removed. He further stated that he holds a degree in forestry and -feels qualified to comment on the diseased tree problem. Mr. Howard stated that he contacted the City's Park and Recreation Department and was told that the tree inspector was only part -time. Mr. Howard also stated that sanitation of diseased elm trees is the only way to prevent the disease from spreading at the present time. Mr. Howard indicated that he has a child attending Garden City School who also makes use of Brooklane Park. At 9 :30 a.m. last Sunday, Mr. Howard stated that he saw the remains of what appeared to be a party at Brooklane Park. He stated that he saw beer cans lying about the park and also that the building was open with the lights out. He further stated that obscene words had been painted on the Brooklane Park shelter building and that he felt this was a particularly bad situation since it is visible from Brooklyn Boulevard. Mr. Howard then asked if any tags had been issued by the Brooklyn - 'Center Police Department in Brooklane Park over the past weekend`. The City Manager stated that vandalism is a problem in many of the City parks. He also stated that the wooden structure, upon which the obscene words had been written, is scheduled to be demolished within a few days. The City Manager indicated that tags have been issued by the Police Department in many City parks throughout the summer. Mr. Howard then questioned whether or not any tags had been issued in Brooklane Park last Saturday night. The City Manager stated that he will find out whether or not tags had been issued in the park last weekend and relay the information to Mr. Howard. The City Manager also stated that the Brooklane Park shelter building will be discussed later tonight. Mayor Nyquist inquired if there was anyone else present who wished to address the Council as part of the Open Forum; there being none, the Mayor proceeded with the rest of the meeting. 9 -10 -79 -2- PERFORMANCE BOND RELEASE The City Manager referred the Council to a memorandum on a performance bond release from the Office of Planning and Inspection. He stated that the performance guarantee of Swanson Homes, 7240 West River Road, was recommended for release. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the performance bond release recommended in the memorandum from the Office of Planning and Inspection in the amount listed. Voting in favor: Mayor Nyquist, Council- members Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution which would provide for the extension of senior citizens sewer discount. Councilmember Fignar asked if the discount had any bearings on the number of people in the home. The City Manager stated that the requirements on the numbers of people residing in the home remains the same. He stated that the discount is based on usage and that two persons residing in the home qualify for the discount while three persons residing in a residence do not. The City Manager referred Council members to a memo by Sy Knapp, Director of Public Works, regarding the extension of senior citizens sewer discount. He stated it is important to pass this extension particularly in light of the upcoming winter months. RESOLUTION NO. 79 -200 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly.seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -201 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REQUESTING AREA LEGISLATORS TO SPONSOR LEGISLATION TO AUTHORIZE SEWER SERVICE DISCOUNTS FOR HANDICAPPED PERSONS AND FOR LOW- INCOME PERSONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting quotations for a Reforestation Contract, 1979 -F. He referred Council members to a list of bidders. RESOLUTION NO. 79 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR REFORESTATION IMPROVEMENT PROJECT NO. 1979 -7 (CONTRACT 1979 -F) *The motion for the adoption of the foregoing esolution was duly n g y seco ded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 9 -10 -79 -3- The City Manager introduced a resolution requesting the Metropolitan Housing and . Redevelopment Authority to provide administrative services for Brooklyn Center's Housing Rehabilitation Grant Program. He stated that the City is piggybacking the State HRA program and that we will have the Metropolitan'HRA provide administrative services for our program for a fee of $8,000. RESOLUTION NO. 79 -203 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HOUSING REHABILITATION AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY OF BROOKLYN CENTER'S HOME REHABILITATION GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by , member Bill Fignar, and upon vote being taken thereon, the following voted in "favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the Brooklyn Center Volunteer Fire Department to use certain State owned houses within the City of Brooklyn Center for training purposes, RESOLUTION NO. 79 -204 Member Celia Scott introduced' the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE CERTAIN STATED OWNED HOUSES IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by P g _ member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -205 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 79 -192, ADOPTED AUGUST 27, 1979, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR BITUMINOUS` PAVING CONTRACT 1979 -G The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced an ordinance to vacate the alley between Emerson and Fremont Avenues North and between 56th and 57th Avenues North. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to offer for first reading an ordinance to vacate the alley-between Emerson and Fremont Avenues North and between 56th and 57th Avenues North. Voting in favor: Mayor Nyquist, Council- members Fignar, Lhotka, and Scott. Voting against: none. The motion passed' unanimously. 9 -10 -79 -4- + REVIEW OF SPECIAL ASSESSMENTS WHICH ARE TO BE LEVIED THIS YEAR The Superintendent of Engineering referred Council members to a series of handouts covering the review of special assessments. He noted that in Project No. 1977 -19, a street surfacing project along Lyndale Avenue North, that the Minnesota Department of Transportation would pay 80% of the project cost. The Superintendent of Engineering stated that, except in Project No. 1978 -24, grading, base and surfacing along Aldrich Avenue North, we have been under the project estimates. In this particular project there have been certain unanticipated soil problems which necessitated installation of a subdrain system. The Superintendent also noted that, in Projects 1978 -32 and 1978 -35, it would be more appropriate to cover the costs by developers bonds rather than assessments. The Superintendent also noted other miscellaneous assess- ments including, public hazard removal, delinquent weed destruction accounts, delinquent public utility accounts, and diseased shade tree removal costs. RECOMMENDATION TO PURCHASE FILL FOR CENTRAL PARK GRADING PROJECT The City Manager referred Council members to a memo and accompanying resolution from the Director of Public Works, regarding purchase of fill materials for Central Park grading project. RESOLUTION NO. 79 -206 Member Celia Scott introduced the following resolution and moved its adoption: V RESOLUTION AUTHORIZING THE PURCHASE OF FILL MATERIALS FOR CENTRAL PARK GRADING PROJECT NO. 1978 -41 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. BROOKLANE PARK SHELTER BUILDING The City Manager stated that alternatives for a shelter building in Brooklane Park are being explored and that one of the possible solutions is a portable building on wheels which would be used for an interim measure. Councilmember Fignar asked if the trailer would be used as a warming house. The City Manager explained that it would and that the City of Blaine has used this type of building successfully. He stated that it is approximately 20' x 10' and that a satellite toilet facility would be used along with it. Councilmember Lhotka asked if the portable building would be placed in the ground or on blocks. The City Manager explained that the portable building would be set into the ground and not placed on blocks in order that it would not be rocked off its foundations. Mayor Nyquist noted that Eileen Moran, the representative from the Northwest Hennepin Human Services Council was not yet in attendance at the meeting and that the discussion of recommendations from the,Northwest Hennepin Human Services Council regarding a community action agency for suburban and rural Hennepin County would be laid over until Eileen Moran's appearance at the meeting. HOUSING REHABILITATION GUIDELINES The City Manager referred the Council members to a memo from Brad Hoffman, Admini- strative Assistant, regarding Brooklyn Center Housing Rehabilitation Grant selection criteria. Councilmember Lhotka asked if the guidelines had been changed. Admini- strative Assistant Hoffman stated that the _guidelines were the same except for a change in the income limits. Councilmember Fignar stated that the Housing Commission put a considerable amount of work into the development of these guidelines with Brad Hoffman's assistance. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the Housing Rehabilitation Guidelines. Voting in 9 -10 -79 -5- favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. GAMBLING LICENSES Motion by Councilmember Fignar and seconded by Councilmember Scott to approve an application for a bingo license for the Twin Lake Alano Society, Inc. Voting in favor: Mayor Nyquist, Councilmembers Fignar, 'Lhotka,. and Scott. Voting against: none The motion passed unanimously. Motion by Councilmember Scott and seconded by Councilmember Lhotka to waive the $10,000,fidelity bond requirement for the Twin Lake Alano Society, Inc. bingo license. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Motion by Counclmember Lhotka and seconded by Councilmember Fignar to approve a Class A gambling License for the Cross of Glory Lutheran Church. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Scott and seconded by Councilmember Fignar to waive the $10,000 fidelity bond requirement for the Cross of Glory Lutheran Church gambling license. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.. LICENSES Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: BINGO LICENSE Twin Lake Alano Society 6825 71st Ave. No. GAMBLING LICENSE Cross of Glory Lutheran Church 4019 58th Ave. No. GARBAGE AND REFUSE. COLLECTION VEHICLE LICENSE Walter's Disposal Service 2830 101st Ave. N.E. (one additional truck) Voting in favor: Mayor Nyquist, Councilmembers.Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON PROPOSED 1980 BUDGET The City Manager explained the public hearing had been scheduled for 8 :00 p.m. to introduce the proposed 1980 City Budget. Mayor Nyquist opened the meeting for the purpose of a public hearing on the proposed 1980 City Budget. The Mayor asked if there were any questions of a general nature relating to the proposed Budget. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to carry the public hearing on the proposed 1980 Budget over to the City Council meeting scheduled for'September 17, 1979. Voting in favor: Mayor Nyquist, Councilmembers Fignar,, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PUBLIC HEARING.ON INDUSTRIAL REVENUE BOND PROPOSAL -DALE TILE Mayor Nyquist " statedthat this was the time and place fixed by Resolution No. 79 -197 of this Council, adopted on August 27, 1979, for a public hearing on the proposal that the City undertake and finance a project on behalf of Dale Tile, Inc.,'pursuant 9 -10 -79 -6- to Minnesota Statutes, Chapter 474. The.Clerk presented affidavits showing ptiblica tion of the notice of the public hearing at least once not less than 15 nor more than 30 days prior to the date fixed for hearing in the Brooklyn Center Post, being the official newspaper of the City and the Minneapolis Tribune, being a newspaper of general circulation of the City. The affidavits were examined, found to be satisfactory and ordered placed on file with the Clerk. The Mayor then opened the meeting for a public hearing on the proposed project. The purpose of the hearing was explained, the nature of the project and of the proposed revenue bonds were discussed, the draft copy of the application to the Commissioner of Securities with all attachments and exhibits was available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the project. There was no one to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on the industrial revenue bond proposal from Dale Tile, Inc. Voting in favor: Mayor Nyquist, Council members Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO. 79 -207 Member Celia Scott introduced the following resolution and moved its adoption: T RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY WILLIAM J. DALE 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 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON INDUSTRIAL REVENUE BOND PROPOSAL- MEDTRONICS, INC. The Mayor stated that this was the time and place fixed by Resolution No. 79 -197 of this Council, adopted on August 27, 1979, for a public hearing on the proposal that the City undertake and finance a project on behalf of Medtronics, Inc., pursuant to Minnesota Statutes, Chapter 474. The Clerk presented affidavits showing publica- tion of the notice of the public hearing at least once not less than 15 nor more than 30 days prior to the date fixed for hearing in the Brooklyn Center Post, being the official newspaper of the City and the Minneapolis Tribune, being a newspaper of general circulation of the City. The affidavits were examined, found to be satis- factory and ordered placed on file with the Clerk. The Mayor then opened the meeting for a public hearing on the proposed project. The purpose of the hearing was explained, the nature of the project and of the proposed revenue bonds were discussed, the draft copy of the application to the Commissioner of Securities with all attachments and exhibits was available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the project. There was no one to speak at the public hearing. There was a motion by Council- member Scott and seconded by Councilmember Lhotka to close the public hearing on the industrial revenue bond proposal from Medtronics, Inc. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against; none. The motion passed unanimously. 9 -10 -79 -7 RESOLUTION NO. 79 -208 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE AUTHORIZATION AND ISSUANCE OF REVENUE BONDS OF THE CITY UNDER MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANCING A PROJECT THEREUNDER; AND AUTHORIZING AN APPLICATION BY THE CITY TO THE MINNESOTA COMMISSIONER OF SECURITIES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS ,The City Council recessed at 8:20 p.m. and reconvened at 8:35 p.m. " ORDINANCE ON DRUG RELATED DEVICES Councilmember Lhotka referred to an _ordinance recently passed by the City of Eagan prohibiting the sale of drug related devices. Councilmember Fignar asked the Chamber of Commerce representative present at the meeting, Jack Bell, if the Chamber would be interested in reviewing the ordinance. Councilmember Lhotka inquired as to whether or not the Council would have an interest in the ordinance, and stated that he would like to have the City Attorney examine and review the ordinance. Mayor Nyquist indicated that he would 'like to have the Chamber of Commerce review the ordinance. Councilmember Fignar indicated that he would like to have input on the ordinance from City staff. The City Attorney stated that, at this point he was not sure whether or not the ordinance, as passed by the City of Eagan, would be appealed. Councilmember Fignar requested that the City staff present its input on the ordinance within 30 days. Councilmember Lhotka requested that the Chamber of Commerce get a copy of the City of Eagan's ordinance to review. ORDINANCE Mayor Nyquist noted that an ordinance amending Chapter 35 regarding special require- ments in I -1 and I -2 districts is related to two of the Planning ; Commission items on the agenda and that it 'would be appropriate to discuss the ordinance in conjunc- tion with the related Planning Commission items. The Director of Planning and Inspection stated that two applications have been submitted by Cass Screw Company, both of which were reviewed at the August 16, 1979 and August 30, 1979 Planning Commission meetings. He stated that in Application No. 79052 the applicant seeks site and building plan approval for a 60' x 120' addition on the east side of the existing building. He noted that the addition would be primarily for storage and would also add a new parking facility on the east side of the building. The Director of Planning and Inspection pointed out that the proposed addition would be in line with the current setback of 25 feet off 47th Avenue North. He also noted that in Application No. 79053 submitted by Cass Screw Company the applicant seeks a variance from the 100 foot buffer - requirement where I -2 zoned property abuts R -1 zoned property for the proposed addition to the existing plant at 4748 France Avenue North. The Director of Planning and Inspection referred Council members to page 11 of the August 16, 1979 Planning Commission minutes which contained the contents of a letter submitted by the applicant explaining his reasons for a variance request. The Director of "Planning and Inspection, noted that the reasons for the variance as stated in the applicant's letter were as follows: 1. The building would not be as efficient if the addition must be set back more than 25 feet. 2. The addition will align with the existing building and both.will be kept free of openings. 3. The character of the neighborhood would not be changed. 4. There 9 -10 -79 -8 r * is ample separation between the apartments and Cass Screw plant. The Director of Planning and Inspection noted that the Planning Commission expressed the concern over the outlots located on the north side of 47th Avenue and abutting the Cass Screw property. He stated that the staff could not find any zoning classi- fication for these outlots and because of that technicality the outlots are zoned R -1, which requires a 100 foot setback and a landscaping buffer between the R -1 property and industrial property. He also noted that it seems there was an oversight with regards to the outlot zoning which took place in 1968 during the Zoning ordi- nance revisions. He stated that the outlots were created not to act as a buffer but rather to prohibit industrial access to 47th Avenue North and to control or prohibit industrial traffic onto 47th Avenue North. The Director of Planning and Inspection referred the Council members to page 5 of the minutes of the August 30, 1979 Planning Commission meeting where the Planning Commission requested the Council to make the following findings concerning outlots 1 through 7 of Ryan Lake Terrace Addition: 1. That the R -1 Boning of outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. That the intent of the outlots is to limit, or prevent, access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes, the outlots should be considered to be what they would be used for under normal circumstances, namely, public right -of -way. The Director of Planning and Inspection stated that even if the outlots were not zoned R -1, it would still require a 50 foot setback. He noted that the applicant's request for an additional variance in this instance is not appropriate. He pointed out that R -1, R -2, and R -3 zones are generally considered single family while the R -4 through R -7 zones are generally considered multiple family. He also noted that there is a 100 foot buffer requirement in the current ordinance when R -1 thorugh R -3 zoned property abuts industrial property at a property line, and in cases where R -4 through R -7 zoned property abuts industrial property, only a 10 foot setback is required. t lies between the industrial property and the R -4 out that if a street b He also pointed _ u i r strip ed of .through R -7 zones, then a 50 foot building setback and buffer p is re q the industrial property from the street line. The Director of Planning and Inspec- tion noted that the Planning Commission did not consider it appropriate to require no buffer where R -4 through R -7 zones abut industrial property at a property line and to require a 50 foot setback where R -4 through R -7 zones are separated from the industrial property by a street. The Director of Planning and Inspection stated that the ordinance amending Chapter 35 regarding special requirements in I -1 and I -2 districts would require a protective building setback and restricted buffer strip not less than 50 feet in width where I -1 or I -2 abuts R -4, R -5, R -6, or R -7 at a property line. He added that where I -1 or I -2 abuts R -4, R -5, R -6, or R -7 at a public street line, the protective bufffer strip would be no less than 25 feet in width. The Director of Planning and Inspection pointed out existing situations in the City where residential property abuts industrial property and also indicated how these existing situations would relate to the proposed ordinance amendment.' He noted that in the industrial area west of Humboldt Avenue the 50 foot setback requirement in the proposed ordinance amendment would create few problems. He pointed out that only one property, that being Arctic Metals, has a setback of less than 50 feet and all the other industrial properties in the area have a 50 foot or greater setback. He also pointed out that the proposed ordinance amendment would permit parking in the buffer strip where I -1 or I -2 abuts R -4 through R -7 at a property line provided it does not extend to within 15 feet of the property line. He noted that the Spec 2 building does not conform to this parking requirement. The Director of Planning and Inspection indicated that the Planning Commission felt that the creation of the two nonconforming situations with the adoption of ent those being i nce amendment, d na g Arctic Metals and the Spec 2 of the proposed or , P P building, were acceptable. 9 -10 -79 -9- Councilmember Lhotka asked whether the consideration of the outlots as public right -of -way would present any problems to the City. The Director of Planning and Inspection stated that the outlots cannot be built on and would be interpreted as right -of -way for setback purposes only. The City Attorney stated _that :a starting point is needed for measuring setbacks.* He noted that for purposes of measuring setbacks we need a starting point and that this is no reflection on the private property nature of the outlots. The Director of Planning and Inspection stated that the outlots would be the buffer along 47th Avenue North. He indicated that the Planning Commission felt that the requirement of a 50 foot buffer where I -1 or I -2 abuts R-4, R-5, R -6, or R -7 at a public street :line was excessive and that a 25 foot buffer strip would be more practical. There was a'motion by Councilmember Fignar and seconded by Councilmember Scott to offer for first reading an ordinance amending Chapter 35 regarding special require- ments in I -1 and I -2 districts. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, andScott. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 79049 submitted by Darrell Farr, Develop- ment Corporation. He noted that the applicant seeks preliminary plan approval for the creation of 122 units and one common area associated with the conversion of the Beach Apartments to condominiums. He also noted that Application No. 79049 was recommended for approval at the August 16, 1979 Planning Commission meeting. This application was tabled at the August 27, 1979 City Council meeting and continued to the September 10, 1979 City Council meeting. Councilmember Lhotka asked if there was any way to control condominium conversions. The City Attorney stated that converting to condominiums is a new phenomenon. He pointed out that it is another way `of' owning property and that multiple ownership is only a change in ownership, and that a Zoning Ordinance can only control such things as configuration of buildings, and density. The City Attorney stated that the City of Minneapolis has dropped its Comprehensive Ordinance controlling condo- minium conversions because the efforts are probably not constitutional. He indicated that the control of condominium conversion is an important q P question especially since apartment construction is not now economical) feasible. He pointed 'out -that P Y borrowing money at current interest rates to build apartments requires a rental rate that is prohibitive Councilmember Lhotka asked whether or not it is possible to rent and sell in combination with a condominium situation. The City Manager indicated that some units are retained as rental units. Councilmember Lhotka asked how the taxes are influenced in a condominium situation. The City Manager stated that the units are taxed separately, in this case, 122 separate parcels. The Director of Planning and Inspection stated that the City Assessor uses an income approach on apartments but when they are sold as condominium units, they have a market value per unit. He stated that this would increase the taxes derived from condo- miniums as compared with apartments Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 79049. -There was no one to speak on the application. There was 'a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing. Voting in favors Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Planning Commission Application No. 79049 submitted by Darrell Farr Development Corporation subject to the following conditions: 9 -10 -79 -10- 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. i 3. The (declaration) and other disclosure materials are subject to the review and approval of the City Attorney prior to final plat approval. 4. The statement concerning the structural, mechanical, electrical and plumbing condition of the buildings and each unit is subject to the approval of the Building Official. 5. The City's Housing and Maintenance Ordinance shall apply to all buildings and any affected units so long as there are rental units remaining in the complex. 6. An as built survey of the property certified by a registered architect shall be submitted prior to approval of final plat. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Applica- tion No. 79053 submitted by Cass Screw, Inc. There was no one to speak on the application. There was a motion by Councilmember Scott and seconded by Council- member Fignar to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to deny Application No. 79053 submitted by Cass Screw, Inc. for a request for a variance from Section 35 -413 regarding buffer requirements on.the grounds that the standards for a variance contained in the Zoning Ordinance are not met. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. i There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Planning Commission Application No. 79052 submitted by Cass Screw for site and building plan approval subject to the following conditions: 1. Building plans are subject to review and approval by the " Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of - permits. The holding pond indicated on the plans for the southwest corner of the site will be modified or eliminated subject to the review and approval of the City Engineer. 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 improve - ments. 4. The building shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 and 9 -10 -79 -11- shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal and /or rooftop mechanical equipment shall be appropriately screened from view. 6. B -612 curb and gutter shall be provided around all driving and parking areas. 7 An underground irrigation system shall be provided in all landscaped areas to facilitate site maintenance. Irrigation and sodding shall be provided along the east portion of the site and the trees similar to those along France Avenue shall be continued along 48th Avenue North. 8. The 8 foot high fence indicated along the south edge of the parking lot shall be extended to the east property line. 9. Plan approval is contingent upon.the adoption of an ordinance amendment regarding buffers between industrial and multiple residential districts. Building permits will not be issued until that amendment is effective. Voting in favor Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to make the following findings: 1. That the zoning of outlots 1 through 7, Ryan Lake Terrace Addition is unintentional. 2. That the intent of the outiots is to limit or prevent access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes the outlots should be considered to be what the y would b wo e used for under normal circumstances, namely, public right -of -way. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL FOR A STRUCTURE OF A COMMUNITY ACTION AGENCY FOR SUBURBAN AND RURAL HENNEPIN COUNTY Mayor Nyquist introduced Eileen Moran, who serves as the Director of the Northwest Hennepin Human Services Council. Ms. Moran stated that the community action agency would serve as a conduit to the poor and meet needs that are not met by 'welfare type programs. She also stated that marginally poor people who do not qualify for welfare agency programs can benefit through a community action agency. Ms. Moran stated that the community action agency will increase the capacity of existing agencies and will also increase the disbursement of federal funds. She also indicated that the City of Brooklyn Center is not committed to any program by passing the resolution supporting the development of a community action agency for suburban and rural Hennepin: County. Councilmember Lhotka asked how Brooklyn Center will participate. Ms. Moran stated that the residents of Brooklyn Center will be able to participate in the community action agency, however, if Brooklyn Center opts out of the program, they will not be able to participate. She also stated that only five areas of Minnesota do not 9 -10 -79 -12- now have community action agencies and that northwestern Hennepin County is one of these areas. She also indicated that the chances of federal funding for a community action agency appears likely. Councilmember Fignar asked Ms. Moran what the amount of federal funding would be. Ms. Moran indicated that the funding is based on a per capita formula and about $200,000 per year would be allocated for northwest Hennepin County. Councilmember Fignar asked Ms. Moran what the allowable administrative costs would be. She indicated that the admini- strative costs of the program were set at a maximum of 10%. Councilmember Lhotka asked what commitment the City might have to the program. The City Manager explained that there is no financial commitment now since the community action agency program is funded completely by federal funds, however, the guarantee of future federal funds is not a certainty. Mayor Nyquist stated that the County can organize the community action agency without the City's approval. Ms. Moran stated that by not passing the resolution supporting the development of a com- munity action agency for suburban and rural Hennepin County, this does not prohibit people from participating. Councilmember Lhotka asked Ms. Moran what activities the community action agency would be involved in. Ms. Moran stated that the community action agency is not a referral program, it is an outreach and advocacy program for the poor. RESOLUTION NO. 79 -209 Member Celia Scott introduced the following resolution and moved its adoption: V RESOLUTION SUPPORTING THE DEVELOPMENT OF A CAA FOR SUBURBAN AND RURAL HENNEPIN COUNTY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: Dean Nyquist, whereupon said resolution was declared duly passed and adopted. SOLID WASTE REPRESENTATIVE The City Manager stated that the Department of Environment and Energy of Hennepin County required that a solid waste representative be designated for the City of Brooklyn Center as a contact person between the City and the Department of Environ- ment and Energy. He explained that this contact person may be the City Manager or his designee and in this case he indicated that either Sy Knapp, the Director of Public Works or Tom Heenan, the City Sanitarian would be appointed to this position. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the appointment of a solid waste representative as designated by the City Manager. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott.' Voting against: none. The motion passed unanimously. ADJOURNMENT Motion by Councilmember Lhotka and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:10 p.m. Clerk Mayor 9 -10 -79 -13- REVIEW CAF SPECIAL ASSESSOMS September 24, 1979 Hearing # Project Improvement Location Method Assessment Assessment Hearing No. of Rate Estimate Years Remarks L 1977 -13 ALLEY PAVING Between James & Knox Footage & $5.198/ft @ 14' row $7.00 /ft. 14' row 10 Assessed in accord- Avenues from 53rd to area (new $6.372/ft @ 30' raw $9.75/ft. 30' row ance with Res. 75 -89 54th Avenue N. drives) $0.379 /Sq.Yd. of new UNIFOM ALLEY IMpRDVE- drives MENr Policy $0.379/ sq. yd. for new drives 2 1977 -19 STREET SURFACING Lyndale Avenue N. from Footage & $7.251 /ft. $8.00 /ft 7 M /LYYr paid 80% the C/L of 59th Avenue driveway cost of project cost N. to 185 N of the C/L of 61st Avenue N. 3 1977 -20 CURB & GUTTER Lyndale Avenue N. from Footage $6.123 /ft. $6.00 /ft 10 M /DOT paid 52% of the C/L of 59th Avenue project cost North to the C/L of 62nd Avenue N. 4 1977 -22 ALLEY PAVING Between Twin Lake & Lake- rootage & $4.800 /ft 10' w view from Lakebreeze area (new pavement $8.00 10 $0.552/sq. yd.for northerly approximately drives) $11.068/ft 24'w new drives 340' pavement + $11.50 driveway cost 5 1978 -4 tng1,TE12 MAIN From existing water main Prorated by Real 10: 13, 752.47 15,024 20 Real 10 pays 100% of in Brooklyn Park, along agreement Johnson: 421.62 669 costs across Brooklyn north City limit, then f3,481.79 3507 Boulevard & east of southeast along & across B.B. plus 50% of re- Brooklyn Boulevard mainder 6 1978 -5 SANITARY SEWER From existing sanitary Prorated by Real 10: 19,724.35 18,536 20 Real Estate 10 added sewer in Brooklyn Park, agreement Johnson: { 644.20 1,189 driveway to project along north City limit, (,5,319.89 6,485 after original esti- then southeast along & mate across Brooklyn Blvd. Assessment Assessment Hearing NOs of # Project Improvement Location Method Rate Estimate Years Remarks 7 1978 -7 ALLEY PAVING Between Humboldt & Footage & area $8.694/ft 14' row 9.75 10 $0.115 /sq. yd. for Irving Avenue faun (new drives) $9.493/ft 30' row 12.50 new drives 53rd to 54th 8 1978 -20 GRADING, BASE & Irving Avenue North from Footage $12.218/ft 25.00 /ft 7 Irving Estates cove SURFACING 155 feet south of 70th to by developer bond proposed Irving Zane and Irving Lane from 738' east of Logan to Irving Avenue N. 9 1978 -21 WATER MAIN Aldrich Avenue N. from Unit $1,418.00 Same 20 68th Avenue northerly approximately 340' 10 1978 -22 SANITARY SENM Aldrich Avenue N. from Unit $ 901.01 $1,071.00 20 68th Avenue N. northerly approximately 330' 11 1978 -23 STOMI SEWER Drainage area around Area $2.320/100 sq. ft. $2.85/100 sq. ft. 20 Aldrich Avenue North northerly of 68th Avenue 12 '1978 -24 GRADING, BASE & Aldrich Avenue North Footage $18.44 /ft $17.60 ft 7 Soil condition SURFACING from 68th Avenue North necessitated in- approximately 340' stallation of a sub - drain system 13 1978 -28 CURB & GUTTER James Circle from Freeway Area $35.159 /acre $42.00 /acre 15 Driveway at bowling Boulevard southerly approx- alley assessod imately 570' directly at a cost of $2736.77 14 1978 -31 WATER MAIN Unity Avenue N. from 940' Footage area $14.47/ft + Same 20 north of the C/L of 69th 4.46/100 sq. ft. Ave. N. northerly approxi- mately 1300 feet 15 -- WATER HOOKUPS 6331 Brooklyn Blvd. $ 490.00 20 5920 Brooklyn Blvd. $3,720.09 15 6415 James Circle $2,424.40 15 5306 Nbrgan Avenue N. $1,197.18 20 2500 County Road 10 $6,461.34 15 6850 -6870 Shingle Crk Pkwy $6,530.72 15 Assessment Assessment Hearing No. of Project Improvement Location Method .... .Rate Estimate Years Remarks 1978 -32 STORM SEWER Unity Avenue, The Ponds, $10,810.63 Costs covered by Phase 3 developer bond 1978 -35 STORM SEWER Unity Avenue, The Ponds, $19,725,64 Costs covered by Phase 7 developer band OTHER ASSESSMMM Public Hazard Removal Delinquent Weed Destruction Accounts Delinquent Public utility Accounts Diseased Shade Tree Reroval Costs i Member introduced the following resolution and noved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID T)ND APPROVING CONTRACT FORM (BI`TUMINOUS PAVING C 1979 -G) WHEPMS, the City Clerk and the City Engineer have reported that on September 24, 1979, at 11:00 A.M., Central Standard Time, they opened and tabu- lat(�d' bids received for Street Surfacing Improvement Project No. 1978 -27E, Stree'l. Improvement Project No. 1979 -8, and Sidewalk Improvement Project No. 1979 -9, and that said bids were as follows: Bi dder Total Amount C. S. McCrossan, Inc. $42,664.00 WH=E S, it has been determined by the City Engineer to the sat faction of the Cit Council that the bid of C. S. McCrossan Inc. is ty the beat bid s a - ami �. tted . NON, TH=ORE, BE IT RESOLVED by the City Council of the City of Brco },l_yn Center, M ',nnesota, that the bid of C. S. McCrossan, Inc., in the arrou t of $42,664.00, as to furnishing of all labor, materials, tools, and eauipmnt in connection w_ -th the above mentioned improvement projects, according to the plans and specifications therefor now on file in the office of the City Clerk, is deerned to be the best bid suh~mitted for said ctiork by a responsible bidder, and said bid is hereby accepted. BE IT F'U'RTHER RE OLVt;D that the rl.yor and City Manager are i'lereby auihor_ize-d to execute a contract with said bidder. Date Mayor - f?d °T'r,ST Clerk The motion for the adoption of the foregoing resolution was duly seconded by m -nber , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereF._i on said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (BITU OUS PAVING CONIMCT 1979 --G) WHEREAS, the City Clerk and the City Engineer have reported that on September 24, 1979, at 11:00 A.M., Central Standard Tim, they opened and tabu - lated bids received for Street Surfacing Improvement Project No. 1978 -27E, Street Improvement Project No. 1979 -8, and Sidewalk Improvement Project No. 1979 -9, and that said bids were as follows: Bidde Improvement Amount Project No. C. S. McCrossan, Inc. 1978 -27E $ 8,540.00 1979 -8 $23,345.00 1979 -9 $10,779.00 WHEREAS, it has been determined by the City Engineer to the satis- faction of the City Council that the bid of C. S. McCrosssan, Inc. for Improve- ment Project Nos. 1978 -27E and 1979 -8 is in order; and WHE:RFAS, the bid of C. S. McCrossan, Inc. for Improvement Project No. 1979 -9 substantially exceeds the City Engineer's estimate for said project; and WHEREAS, the Contract Docum^nts for Bituminous Paving Contract 1979 -G provide for deletion of any of the improvement projects and award of contract on the bas ° 4 _s of the remaining improvement projects. NOW, THEREFORE, BE IT RESOL'T,IED by the City Council of the City of Brooklyn Center, Minnesota, that the bid of C. S. McCrossan, Inc. for Improve- ment Project Nos. 1978 -27E and 1979 -8 in the aggregate amount of $31,885.00, as to furnishing all labor, materials, tools, and equipment in connection with the above mentioned improvement projects, according to the plans and specifica- tions therefor now on file in the office of the City Clerk, is deemed to be the best bid submitted for said work by a responsible bidder, and said bid is hereby accepted.. BE IT FW1'HER RESOLVED that inasmuch as the bid submitted for Tmprovement Project No. 1979 -9 substantially exceeded the City Engineer's estimate for said vDrk, it is deemed. in the best interest of the City to reject said bid. BE IT FURTHER RESOLVED that Contract 1979 -G be amended to delete Tm- provement Project No. 1979 -9 and that the hlayor and City Manager are hereby authorized.. to execute said amended contract with said bidder. Date _ Mayor ATTEST: Clerk The imtion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the follow - ing 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 noved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID FOR FURNISHING AND DELIVERY OF GRANULAR AND C01124ON BORRC W MA`I'ER FOR CENTRAL, PARK GRADING PROJECT No. 1978 -41 WHEREAS, the City Clerk and the City Engineer have reported that on September 24, 1979, at 11:00 A.M., Central Daylight Time, they opened and tabulated bids received for the furnishing and delivery of commn and select borrow materials for Central Park Grading Project No. 1978 -41, and that said bids were as follows: Unit. Bidder Item No Item Quantity Pr ice Total Park Construction Co. 1 Granular 5,000 1.60 $ 8,000. 7900 Beech Street NE Borrow Cu. Yd. Minneapolis, MCI 55432 2 Common 25,000 .80 $20 ,000 (only bid received) Borrow Cu. Yd. Total $28,000 WHEREAS, it has been determined by the City Engineer to the satisfaction of the City Council that the bid of Park Construction Co. is the best bid submitted, and that the bid prices are reasonable. NCI,1, TH=ORE, BE IT RESOLVED by the City Council of the Cite of Brooklyn Ccnter, Minnesota, that the bid of Park Construction Co., in the ar ant of $28,000., as to furnishing and delivery of granular and co_myo barrow materials in connection with the above mentioned improvement project, according to the plans and specifications therefor now on file in the office of the City Clerk, is deemed to be the best bid submitted for said work by a responsible bidder, and said bid is hereby accepted. BE IT FURTHER RESOLVED that 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 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 AUTHORIZING THE RENTAL OF TANDEM TRUCKS FOR HAULING OF MATERIALS IN CONJUNCTION WITH CENTRAL PARK SITE GRADING PROJECT NO. 1978 -41 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 rental of trucks for utilization on Central Park Site Grading Project No. 1978 -41 and has determined that the quotation of U. D. Contracting Company, in the amount of $26.00 per hour is the .best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to contract for the rental of tandem trucks for utilization on Central Park Site Grading Project No. 1978-41 at the rate of $26.00 per hour from U. D. Contracting Company. 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` MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 20, 1979 SUBJECT: Truck Rental for Central Park Site Grading Authorization is requested for additional truck rental to allow completion of grading work in Central Park. The following quotations were received by Hank Davis: U. D. Contracting Company $26.00 /hour 3825 - 85th Avenue North Osseo, Minnesota Steere and Boone Excavating Company $27.00 /hour Brooklyn Center, Minnesota Minder- Johnson Excavating and Trucking $28.00 /hour Osseo, Minnesota Accordingly, the attached resolution is submitted for City Council consideration. H • Member introduced the following resolution and mdved its adoption: RESOLUTION NO. RESOLUTION CONFIRMING ASSESSMENTS FOR WATER MAIN IMPROVEMENT 1978 -4, 1978 -21 and 1978 -31; AND SANITARY SEWER IMPROVEMENT 1978 -5 AND 1978 -22; AND STORM SEWER IMPROVEMENT 1978 -23; AND STREET SURFACING IMPROVEMENT 1977 -19, 1978 -20 AND 1978 -24; AND ALLEY IMPROVEMENT 1977 -13, 1977 -22 AND 1978 -7; AND CURB AND GUTTER IMPROVEMENT 1977 -20 AND 1978 -28; AND PUBLIC UTILITIES WATER HOOKUPS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City Clerk has, with the assistance of the Engineer heretofore selected by this Council for such purpose, calculated the proper amounts to be specially assessed for the improvements known as the improve - ments listed above of said City against every assessable lot, piece or parcel of land in accordance with the provisions of law, and has prepared and filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in regular session on Monday, September 24, 1979, to pass on the proposed assessments. 3. Said proposed assessments have at all times been open to inspection and copying by all persons interested, and opportunity has been given to all interested persons to present their objections if any, to such proposed assessments, or to any item thereof. 4. This Council finds that each of the lots, pieces or parcels of land enumerated in said proposed assessments was and is specially benefited by said improvement in the amount of said proposed assessment set opposite the description of each lot, piece or parcel of land, and that amount so set out is hereby levied against each of the respective lots, pieces or parcels'of land therein described. 5. Such proposed assessments are adopted and confirmed, and the sums fixed and named in said proposed assessments are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces or parcels of land respectively. b. Said assessments as adopted and confirmed shall be certified to by the City Clerk and filed in his office, and shall thereon be and constitute the special assessments for the payment of the above listed improvements. 7. The amounts assessed against each lot, piece or parcel of land shall bear interest from the date hereof until the amounts have been paid at the rate of eight per cent (8 %) per annum..: RESOLUTION NO. 8. Such assessments shall be payable in equal installments beginning in the year 1979 payable on the 16th day of November in each succeeding year and continuing until all of said installments shall have been paid, each installment to be collected with the taxes collectible during said year by the Director of Finance of Hennepin County. A. Water Main Improvement No. 1978 -4, 1978 -21 and 1978 -31 in twenty (20) equal installments. f, B. Sanitary Sewer Improvement No. 1978 -5 and 1978 -22 in twenty (20) equal installments. C. Storm Sewer Improvement No. 1978 -23 in twenty (20) equal installments. D. Street Surfacing Improvement No. 1977 -19, 1978 -20 and 1978 -24 in seven (7) equal installments. E. Alley Improvement No. 1977 -13, 1977 -22 and 1978 -7 in ten (10) equal installments. F. Curb and Gutter Improvement No. 1977 -20 in ten (10) equal installments. G. Curb and Gutter Improvement No. 1978 -28 in fifteen (15) equal installments. H. Public Utilities Water Hookups in fifteen (15) equal install- ments. I. Public Utilities Water Hookups in twenty.(20) equal install - ments. Date Mayor I ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the fallowing voted in favor thereof: e 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 CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Billing Department lists certain accounts as delinquent for the year; and WHEREAS, the consumers have been notified of the delinquency according to legal requirements; and WHEREAS, State Statutes 444.075 authorized certification of the { delinquent accounts to the County tax rolls for collection. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to order the Director of Finance of Hennepin County to place the following delinquent accounts consisting of delinquent principal and interest thereon at 8% on the 1979 payable 1980 tax rolls: Property Identification Number Amount 27- 119 -21 -33 -0038 $ 50.49 34- 119 -21 -31 -0008 64.80 02- 118 -21 -13 -0024 36.18 01- 118 -21 -23 -0086 63.28 01- 118 -21 -21 -0118 50.49 02- 118 -21 -23 -0014 46.71 10- 118 -21 -12 -0041 64.80. 02- 118 -21 -43 -0059 36.18 02- 118 -21 -44 -0133 64.80 01- 118 -21 -32 -0047 110.70 01- 118 -21 -42 -0022 50.49 01- 118 -21 -43 -0083 53.08 01- 118 -21 -33 -0075 64.80 01- 118 -21 -33 -0147 64.80 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1979 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18.271; and WHEREAS, the owners of record of the properties involved were notified in writing by certified mail of the work done and the costs and expenses involved at least thirty days prior to September 24, 1979, in accordance with individual notice provisions of Subdivision 4 of Section 18.271; and WHEREAS, on September 24, 1979, there remained unpaid certain of these weed cutting accounts; and WHEREAS, Section 18.271, Subdivision 4, authorizes the certifi- cation of delinquent weed cutting accounts to the County tax rolls for collection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to order the Director of Finance of Hennepin County to place the following delinquent weed cutting accounts, consisting of weed cutting costs and expenses, and penalty thereon at 8% on the 1979 payable in 1980 tax rolls: PROPERTY IDENTIFICATION NUMBER Amount 01- 118 -21 -31 -0043 $ 28.00 02- 118 -21 -34 -0051 37.00 25- 119 -21 -42 -0006 28.00 26- 119 -21 -44 -0068 28.00 35- 119 -21 -11 -0001 46.00 35- 119 -21 -11 -0003 46.00 36- 119 -21 -22 -0037 172.00 03- 118 -21 -22 -0037 50.50 36- 119 -21 -33 -0047 36- 119 -21 -33 -0048 230.50 RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING COST OF HAZARD REMOVAL TO THE, HENNEPIN COUNTY TAX ROLLS WHEREAS, The Brooklyn Center City Council has caused the removal of the hazardous building and debris from the property located at 5426 Fremont Avenue North, legally described as Lot 28, Block 2, N. and E. Perkins Addition, Hennepin County, Minnesota (P.I.N. 01- 118- 21 -33- 0108); and WHEREAS, on the 5th day of February, 1979, the District Court of the Fourth Judicial District (File No. 749897) approved and awarded the City an amount of $4,605.91 for expenses incurred in said removal, which amount is certifiable to the Director of Finance of Hennepin County for entry on the tax lists as a special charge against the above named property; and WHEREAS, the owner of record of said property has been duly notified of the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to order the Director of Finance of Hennepin County to place the amount of $4,605.91 and interest thereon at 8% on the 1979 payable in 1980 tax rolls as a special assessment against the afore- mentioned property. 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: r' and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the ,following resolution SAL and moved its adoption: RESOLUTION NO RESOLUTION CONSENTING TO CONVEYANCE OF A MORTGAGE DEED BY INDEPENDENCE TEN TO CANADA LIFE 'ASSURANCE COMPANY WHEREAS, on November 15, 1978, Independence Ten (a General Partner- ship) conveyed an open space easement to the City of Brooklyn Center over lands adjacent to Shingle Creek Manor; and WHEREAS, on September 17, 1979, the legal description of said lands was properly amended to be as follows: The South 12 feet of the West 3 /4ths, of the Southeast Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 28, Township 119 North, Range 21 West of the 5th Principal Meridian, lying Easterly of and adjacent to the center line of State Highway 152; and WHEREAS, Independence Ten wishes to arrange permanent financing on its related construction project by the conveyance of a Mortgage Deed; and WHEREAS, the mortgagee, Canada Life Assurance Company, interprets Covenant No. 3 of the Open Space Easement to require consent by the City of Brooklyn Center for conveyance of said deed; and WHEREAS, the said Mortgage Deed does not affect the interests of the City of Brooklyn Center in said Open Space Easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it hereby consents to the conveyance'of a Mortgage Deed by Independence Ten to Canada Life Assurance Company on the real estate des- cribed herein. 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 OPEN SPACE EASEMENT ` THIS INDENTURE, made this ` day of September, 1979, between INDEPENDENCE TEN, a general partnership, party of the first part, and the CITY OF BROOKLY14 CENTER, a municipal corpora- tion under the laws of the State,of Minnesota, party of the second part, W I T N E S S E T H That said party of the first part, in consideration of the sum of One Dollar ($1.00) and other good and valuable consider - ation to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, forever, the following perpetual open space easement.in, over, across and upon property located.in the County of Hennepin and the State of Minnesota: The South 12 feet of the West 3 /4ths, of The Southeast Quarter (SE 1/4) of the North- east Quarter (NE 1/4) of Section 28, Township 119 North, Range 21 West of the 5th Principal Meridian, lying Easterly of and adjacent to the center line of State Highway 152. Grantor hereby covenants as follows: 1. No structure shall be constructed, erected or placed upon or above the described property including without limitation, fences, fireplaces, steps, docks, signs, billboards, dwellings, accessory buildings, utilities, hard cover or roads of any nature whatsoever, or any other structure or improvements inconsistent with the maintenance of the described property as an open area, without the express written consent by City Council resolution, of the City of Brooklyn Center. 2. To landscape and maintain the described property, at its expense, in a fashion consistent with the side yard of the improvement of Grantor constructed upon Lot 1, Block 1, Shingle { Creek Manor. 3. Not to convey the described property without the prior express written consent, by City Council resolution of the City of Brooklyn Center which consent shall not be unreasonably with- held. 4. This instrument is intended to correct that certain open space easement dated November 15, 1978, filed November 15, 1978, and recorded as Document No, 4429430 in the office of the Hennepin County Recorder. The provisions of this open space easement shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenants thereunto belonging or in anywise appertaining, to said party of the second party, its successors or assigns, forever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set its hand the day and year first above written. INDEPENDENCE TEN, A General Partnership By Francis J. Gi.r ler A General Partner STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 17th _ day of September, 1979, by FRANCIS J. GIRDLER, a General Partner of INDEPENDENCE TEN, a Minnesota General Partnership, on behalf of said partnership. ��c PATRICIA E. ARMSTRONG s NOTARY PUBLIC - UtWOSOTA HENNEPIN COUNTY THIS INSTRUMENT WAS DRAFTED BY: Popham, Haik, Schnobrich, et al. 4344 IDS Center Minneapolis, Minnesota 55402 -2- ° OPEN SPACE EASEMENT THIS INDENTURE, made this 1 day of September, 1979, r between INDEPENDENCE TEN, a general partnership, party of the first part, and the CITY OF BRO OKLYN CENTER, a martcloflthersecond tion under the laws of the State of Minnesota, party part, W I T N E S S E T H That said party of the first part, in consideration of f One Dollar ($ the s 1.00) and other good and valuable consider the s um o to it in hand paid by the - said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, forever, the following perpetual open space easement in, over, across and upon property located in the County of Hennepin and the State of Minnesota: The South 12 feet of the West 3 /4ths, of The Southeast Quarter (SE 1/4) of the North- east Quarter (NE 1/4) of Section 28, Township 119 North, Range 21 West of the 5th Principal Meridian, lying Easterly of and adjacent to the center line of State Highway 152. Grantor hereby covenants as follows: 1. No structure shall be constructed, erected or placed upon or above the described property including without limitation, fences, fireplaces, steps, docks, signs, billboards, dwellings, accessory buildings, utilities, hard cover or roads of any nature whatsoever, or any other structure or improvements inconsistent with the maintenance of the described property as an open area, without the express written consent by City Council resolution, of the City of Brooklyn Center. 2. To landscape and maintain the described property, at its expense, in a fashion consistent with the side yard of the improvement of Grantor constructed upon Lot 1, Block 1, Shingle e Creek Manor. 3. Not to convey the described property without the prior express written consent, by City Council resolution of the City ' nt shall not be unreasonably with - of Brooklyn Center which conse held. 4. This instrument is intended to correct that certain open space easement dated November 15, 1978, filed November 15, 1978, and recorded as Document No. 4429430 in the office of the Hennepin County Recorder. The provisions of this open space easement shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenancs thereunto belonging or in anywise e r � • appertaining, to said party of the second party, its successors or assigns, forever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set its hand the day and year first above written. + INDEPENDENCE TEN, A General Partnership Francis J. G dler A General Partner STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 17th _ of September, 1979, by FRANCIS J. GIRDLER, a General Partner of INDEPENDENCE INDEPENDENCE TEN, a Minnesota General Partnership, on behalf of said partnership. otarb Public Y •- -, PATRICIA E. ARMSTRONG �'fe �_. ±� � NOTARY PUBLIC - MINNESOTA +. 1p2I.,� HENNEPIN COUNTY Air'%-' My Commission ENW" MW 7!. 1984 r THIS INSTRUMENT WAS DRAFTED BY: y - Popham, Haik, Schnobrich, et al. 4344 IDS Center �- Minneapolis, Minnesota 55402 -2- Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FURNISHING AND DELIVERY OF COLD WATER METERS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the specifications for the furnishing and delivery of cold water meters for the year 1980, as prepared by the Director of Public Works are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the purchase of cold water meters in accordance with said specifications. 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. MEMORANDUM TO: .Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 20, 1979 SUBJECT: Request for Authorization to Advertise for Bids for Water Meters Needed by Utility Department for 1980 During the past 3� years the City has been purchasing water meters under a contract executed with Badger Meter Manufacturing Company in December, 1975. That company has advised us that is no longer possible to extend that contract. Accordingly, we propose that the City call for new bids for water meters to be furnished for the year 1980. Specifications for this purpose have been prepared. A resolution approving the specifications and authorizing the advertise- ment for bids thereon is attached for consideration by the City Council. SK:aw MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: September 20, 1979 SUBJECT; Sewer Rate /Fee Schedules Since the City Council adopted the resolution to extend the senior citizen sewer discounts, the Finance Department has suggested additional revisions to Resolution No. 78 -61 (copy attached), i.e.: 1. Under paragraphs 1 and 2 of the "Rates" section of the resolution, there is a question of interpreta- tion of the heading on the "Year" columns. The Finance Department has interpreted this to mean that all accounts billed during a given calendar year would be billed at the rates shown. Apparently a few customers have questioned this, saying that the rates should apply to the period during which the service was provided (e.g. they claim that accounts billed in January, 1979 should be billed at the 1978 rates since the service was provided during the last quarter of 1978). To clarify this, in accordance with the Finance Department's interpretation, I suggest that the resolution be amended by simply changing the wording of the : in question from ".Year" to "Accounts Billed During Calendar Year ". 2. Also, in paragraph 1 of the "Rates" section the ** footnote requires applicants for the senior citizen discount to sign -up "... in January of each year... ". The Finance Department indicates that this imposes a hardship in the applicants - to come to City Hall during cold, inclement weather. Also, the rush of applications during a 30 day period imposes an over- load on the City Hall staff. Accordingly, we suggest that the sign -up period extend from September ,lst to December 31st: This will make it more convenient for the applicants, and it will assure that the process is completed in advance of the new billing year. So that the changes previously made and the new changes recommended are consolidated into a single resolution, I suggest adoption of a totally new resolution - (copy attached for Council consideration) SK: aw Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION NO. 78 -61 RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER WHEREAS, a municipal Public Utilities Department exists for the purpose of providing and maintaining water and Sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Department be a self - sustaining entity thrdugh revenue provided by a uniform schedule of rates, fees, and charges; and WHEREAS, the City Council of the City of Brooklyn Center did last amend the schedule of sanitary sewer user rates by adoption of Resolution No. 71 -10 on January 18, 1971, and the schedule of fees and charges by adoption of Resolution 74 -149 on September 9, 1974; and WHEREAS, the City Manager and the Director of Public Works have - recommended that increased disposal costs to the Metropolitan Waste Control Commission requires an increase in the schedule of sanitary sewer rates; and WHEREAS the City Council deems that the new rate schedule be a "step rate" with annual increases; and WHEREAS, the Metropolitan Waste Control Commission has increased the service availability charge to $400.00 for 1978; and WHEREAS, consistent with Chapter 11 of the Brooklyn Center City Charter, the City Council on March 27, 1978, conducted, a public hearing at which time an opportunity was.afforded all interested citizens to be heard: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the schedule of sanitary sewer rates, fees, and charges be adopted in amended form as follows: AME SANITARY SEWER DIVISION RATE SCHEDULE (Effective for accounts billed after April 3, 1978) RATES: 1. Residential Quarterly Rates Year Sincrle Family* Apartment Elderly ** 1978 $ 12.25 $ 8.60 $ 8.75 1979 15.75 11.00 8.75 1980 19:00 13.30 1981 20.00 14.00 1982 21:25 14.90 RESOLUTION NO. 78 -61 *Includes double bungalows, duplexes and townhouses F-, * * For elderly residents with the head of household or spouse 62 years i of age or older and a maximum of 2 persons in the household. Persons meeting the above requirements shall file with the City in January of each year an affidavit approved by the City. 2. Non- Residential Year Per 1,000 Gallons Fixture Unit ** 1978.. $ 0.55 $ 0.75 1979 0.70 0.95 1980 0.85 1.15 1981 0.90 1.25 1982 0.95 1.30 *Multiplied by the metered water consumption. * *All uses without water meter, fixture unit as defined by City of Minneapolis Plumbing, Water and Gas Piping Ordinances (1959) FEES 1. Connection Permit $20.00' /Connection 2. Disconnection Permit $20.00 /Disconnection 3. Metropolitan Service Availability Charge for 1978 $400.00 per unit equivalent I0 The number of unit equivalents which are connected or for which a building permit is issued shall be computed in accordance with the guidelines set forth by the Metropolitan Waste Control Commission on file in the office of the City Engineer. A summary of the guidelines is as follows: a. Single family, double bungalows, duplexes, and townhouses 1.0 unit equivalent b. Apartments and Condominiums .8 unit equivalent c. Non- Residential .1.0/100,000 gallons of estimated flow (with minimum of 1 unit) d. Public and Federal subsidized low and moderate income and housing 75% of unit equivalent CHARGES 1. Delinquent Account $1.00 per quarter per account ' 2. Preparation for Certification to Taxes of Delinquent Accounts $10.00 per account RESOLUTION NO. 78 -61 BE IT FURTHER RESOLVED that the above amended schedule of sanitary sewer rates, fees, and charges becomes effective for accounts billed after April 3, 1978. L_ J March 27, 1978 - - Date M!, r ATTEST: Clerk The motion for '-the adoption of the foregoing resolution was duly seconded by member Gene Lhotka , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 t • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE F RA . O TES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER BE IT RESOLVED by the City Council of the City of Brooklyn Center that the schedule of sanitary sewer rates, fees, and charges as previously adopted by Resolution No. 78 -61 be adopted in amended form as follows; SANITARY SEWER DIVISION RATE SCHEDULE RATES: 1. Residential Accounts Billed During Calendar Quarterly Rates Year Single Family* Apartment Elderly ** 1979 $ 15.75 $ 11.00 $ 8.75 1980 19.00 13.30 9.50 1981 20.00 14.00 1982 21.25 14.90 *Includes double bungalows, duplexes and townhouses. "For elderly residents with the head of household or spouse 62 years of age or older and a maximum of 2 persons in the household. Persons meeting the above requirements shall file with the City an affidavit approved by the City. Such affidavit shall be filed between September lst and December 31st of the year preceding. 2. Non- Residential Accounts Billed During Calendar Year Per 1,000 Gallons* Fixture Units ** 1979 $ 0.70 $ 0.95 1980 0.85 1.15 1981 0.90 1.25 1982 0.95 1.30 *Multiplied by the metered water consumption. * *All uses without water meter, fixture unit as defined by City of Minneapolis Plumbing, Water and Gas Piping Ordinances (1959) FEES 1. Connection Permit $20.00 /Connection 2. Disconnection Permit $20.00 /Disconnection 3. Metropolitan Service Availability Charge As set by.the Metropolitan Waste Control Commission The number of unit equivalents which -are connected or for which a building permit is issued shall be computed in accordance with the guidelines set forth by the Metropolitan Waste Control Commission on file in the office of the City Engineer. A summary of the guidelines is-as follows: RESOLUTION NO. a. Single family, double bungalows, duplexes and townhouses 1.0 unit equivalent b. Apartments and Condominiums .8 unit equivalent c Non - Residential 1.0 /100,000 gallons of estimated flow (with minimum of 1 unit) d. Public and Federal subsidized low and moderate income and housing 75% of unit equivalent CHARGES 1. Delinquent Account $1.00 per quarter per account 2. Preparation of Certification to Taxes of Delinquent Accounts $10.00 per account 7 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 JOINT AND COOPERATIVE AGREE= MENT FOR NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION AND DESIGNATING DIRECTORS THEREFOR WHEREAS, the Minnesota Cable Communications Board has designated a cable service territory comprised of the Cities of New Hope, Crystal, Golden Valley, Robbinsdale, Medicine Lake, Plymouth, Brooklyn Center, Brooklyn Park, Osseo and Maple Grove; and WHEREAS, the CATV Commission has proposed a revised joint powers agreement which would provide for an organization consisting of the afore- mentioned ten cities, which organization would make specific recommendations to the municipalities respecting the enfranchising of cable television systems within and for said municipalities; and WHEREAS, this organization shall administer and enforce the - franchise or franchises granted by the municipalities; and WHEREAS, it is the intent of such joint and cooperative action to develop a uniform approach to said matters with respect to all member cities, all of which would be in the best public interest of the residents of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it hereby authorizes and directs its Mayor, and its City Manager to enter into and execute on behalf of the City of Brooklyn Center the joint powers agreement creating the Northwest Suburbs Cable Communications Commission. BE IT FURTHER RESOLVED that the Council of the City of Brooklyn Center hereby designates and appoints Bill Fignar, Council member, and Tom Bublitz, Administrative Assistant, as its two representative directors on the Northwest Suburbs Cable Communications Commission. Date Mayor € ATTEST: s 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. 0 RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUBD. 7b WHEREAS, a proposal has been made to this Council by Wise, Greenwald & Greenwald, a Minnesota general partnership (the "Company "), to undertake a project (the "Project ") pursuant to the Minnesota Municipal Industrial Develop- ment Act, Minnesota Statutes, Chapter 474 (the "Act "); and WHEREAS, the Project consists of the acquisition of an office and manufacturing building in the City and the construction of an addition and other improvements thereto, a parking lot and various site improvements, all to be owned by the Company and .leased to Cass Screw Machines Products Company; and WHEREAS, Section 474.01,- Subd. 7b, of the Act requires this Council to conduct a public hearing on said proposal and_to publish notice of said public hearing not less than 15 days nor more than 30 days prior to the date fixed for the hearing; and WHEREAS, the Company has agreed to deliver to this Council a draft copy of a proposed application to the Minnesota Commissioner of Securities, together with all attachments and exhibits thereto, and said application, attachments and exhibits will be on file with the City Clerk upon publication of the required notice. NOW, THEREFORE, BE IT RESOLVED that: 1. A public hearing shall be conducted by this Council on the proposal to undertake and finance the Project on October 15, 1979, at the City Hall, at which hearing all parties who appear shall be given an opportunity to express their views with respect to said proposal; and 2. Notice of the time and place of hearing, and 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 shall be published at least once not less than 15 days nor more than 30 days prior to the date fixed for the hearing, in the official newspaper and a newspaper of general circulation of the City. The notice shall state that a draft copy of the proposed application to the Minnesota Commissioner of Securities, together all attachments and exhibits thereto, shall be available for public inspection following the publication of such notice and shall specify the place and times where and when it will be so available. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. � Member introduced the followingresolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR L.E.A.A. FUNDING WHEREAS, the Law Enforcement Assistance Administration (L.E.A.A.) and the Minnesota Crime Control Planning Board now provide a procedure wherein local planning agencies such as the Hennepin County Criminal Justice Coordinating Council annually prepare and submit a mini -plan /block grant application; and WHEREAS, such mini - plan /block grant application contains a section identifying all projected subgrants from within the planning jurisdiction for funding approval in part of whole by the State L.E.A.A. agency; and WHEREAS, the Hennepin County Criminal Justice Coordinating Council is preparing and will submit on behalf of all units of government in Hennepin County a mini -plan /block grant application for FY 1980 L.E.A.A. funding; and WHEREAS, the City of Brooklyn Center as a member of the Hennepin County Criminal Justice Coordinating Council, anticipates cosponsorship with the Cities of Brooklyn Center, Crystal, Robbinsdale, Golden Valley and New Hope for the following project: State Federal Local Project Title and Year Duration Award Match Brooklyn Center, Crystal 1/1/80 - 6/30/80 $19,000 $250.00 Robbinsdale, Golden Valley, New Hope Public Safety Communications Consolidation Feasibility Study (1) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center authorizes the Hennepin County Criminal Justice Coordinating: Council to include the above mentioned project in the subgrant section of the Council's FY 1980 mini - plan /block grant application for submission to the Crime Control Planning Board for funding consideration in part or whole. BE IT FURTHER RESOLVED that following funding approval by the Crime Control Planning Board, the Mayor and City Manager are authorized to execute all required contracts and other documents. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i CONSOLIDATING PUBLIC SAFETY RADIO COMMUNICATIONS A Position Paper of the Chiefs and Public Safety Administrators from the Cities of Brooklyn Center, Crystal, Golden Valley and New Hope. l This paper will present the opinions of the above mentioned city public safety administrators. It will state arguments concerning the feasibility of forming a consolidated public safety radio communications system serving, these cities. It will also detail the process by which problems were iden- tified, alternatives developed, choices supported and the final conclusion to consolidate was adopted. The above mentioned administrators have reached the conclusion that a con - solidated public safety radio communications system can and should be formed to serve their cities. This decision has been reached only after intensive analysis and study by each of the cities on their individual public safety radio communications operations. In addition, the Hennepin County Emer- gency Organization (HECO) has also spent a considerable amount of time and money researching public safety radio operations in the county. This organization's findings have helped to convince the city public safety g officials that drastic changes are needed in the communications arena and that the changes must be initiated now and a new consolidated system operating by 1982. At this time, the City of Robbinsdale is not included in this position paper. Negotiations and discussions are being held to include them in this consolidation effort however. They are included in the background section of this paper in order to show their interest and their relationship to the other-four communities. BACKGROUND The cities of Brooklyn Center, Crystal, Robbinsdale, Golden Valley and New Hope share many similar traits. They are all neighboring communities and make up an area that can be identified as inner suburban cities of the northwest quadrant. Each has an established and stable population base with growth potentials fairly well maximized. In addition, all of the cities are fairly homogeneous in their structure and no city has any unusual features that would make it stand out from the other four. ,t? The five cities operate four of the twelve public safety radio communication or dispatch centers in Hennepin County. There were five centers up to a few weeks ago when New Hope.merged its dispatch operations with Golden Valley. The four centers now compose one -third of the dispatch points in this county but serve only approximately 13 per cent of the county's population. Each city operates a full service public safety communications center. This means they are operating twenty -four hours per day to receive and dispatch all emergency and service requests for police, fire, ambulance, rescue, civil defense and other ancillary city services such as public works, animal control, etc. Each of the cities have a fairly common cost , capital output and staffing P structure. The annual reoccurring costs are somewhere between $60,000 and $100,000. Each employs an operating staff of at least five persons CONSOLIDATING PUBLIC SAFETY RADIO COMMUNICATIONS Page 2 and each has some management personnel time allotted from their police or public safety agency. Also, each city uses equipment that is almost identical in brand and age. This equipment was largely purchased in 1969 under a cooperative purchasing program initiated throughout Hennepin County. PROBLEM STATEMENT During the past several years, public safety administrators have been confronted with many issues that have lead to the study of individual radio communication. These problems have become significant enough to warrant thinking about drastic changes in existing radio communications. The problems range from increased costs to poor equipment performance to forces demanding more efficient management of the government's business. The most significant problem confronting each of the five cities is spiraling costs. The direct annual costs to each of the cities is between $60,000 and $100,000 +. If all hidden costs were to be considered, (management costs, utilities, rental, supplies, etc.) the totals would be higher. It could be estimated that if these annual costs were totaled, the five cities would be collectively spending in excess of $450,000 per year for radio communication. If all associated costs are inflated at just a 7 per cent yearly average for ten years, the 1989 cost to the cities would be around $850,000 annually. Another major cost item that was considered was the purchase of capital equipment. All five cities have radio communications equipment purchased in 1969. This equipment's utility has been maximized and system failures are being experienced more frequently. The consulting firm of Michaud, Cooley, Hallberg, Erickson, Assoc., Inc. in studies conducted for HECO and New Hope - Golden Valley substantiates the condition of the existing equipment. They state that all radio communication equipment must be replaced in the next three to four years if the five cities are to maintain viable operations in this service to the citizens. Personnel turnover has been identified as a problem area. Many of the cities are experiencing high turnover rates in dispatching personnel. Each new employee must be given considerable training and few persons assigned to dispatching can be considered competent to perform the duties with less than six months on the job experience. A more professional operation with better defined duties and more intensive management would help solve this problem. ' Overall effectiveness of radio communications was found to be deteriorating. This problem was viewed by Golden Valley and New Hope as critical. Both cities decided that immediate steps had to be taken if basic services to citizens were to be maintained. Golden Valley and New Hope started an analysis of their operations in 1978. Shortly after they started, both cities decided to look at consolidation as a way to solve their radio communication problems. As of September 5, 1979, the cities consolidated. Effectiveness has dramatically increased without significant costs incurred. CONSOLIDATING PUBLIC SAFETY RADIO COMMUNICATIONS Page 3 The final problem area impacting future radio' 'Communications is the mandated 9 -1 -1 emergency telephone system. By law, this system is to be operating by August 15, 1982 in Hennepin County. The state will pick up the costs for the minimum equipment package at each dispatch point. Once the equip - ment is installed, future rearrangements or moves must be paid for by the individual cities. These costs could be considerable if a city were to move its radio communication facility or if it consolidated after implementation., ALTERNATIVE SOLUTIONS Public safety managers from the five cities have identified four alternatives that address the identified problems. They are: 1. Continue to operate individual radio communication systems by meeting future cost levels; 2. Consolidate with the Hennepin.County Sheriff's Department; 3. Consolidate with the City of Minneapolis; and.4. The five cities consolidate their radio communication operations. 1. Continue to operate individual radio communication operations ADVANTAGES -- can maintain an identifiable city service that is very responsive to individual. city needs - .system can be managed for optimum operation needs _ - free. from County and Minneapolis political pressures - small workload on dispatcher results in more personalized service to citizens and officers DISADVANTA - high annual costs both now and in the future - new capital equipment is needed in the near future. An example ti of costs in this area is St. Louis Park. They replaced all their old equipment and installed a two position voice radio communication system for approximately $120,000: - significant_ supervision and management costs /time needed to recruit, train, monitor, control and supervise Individual frequencies isolate the various patrol officers from awareness of criminal activity in other communities which may relate to crime in their city inability to utilize latest technology for tactical and management assistance - inability to direct activities strictly to communications ineffective use of police officers as fill -in personnel CONSOLIDATING PUBLIC SAFETY RADIO COMMUNICATIONS Page'4 2. Consolidate with Hennepin County ADVANTAGES currently the county is not.charging cities for radio communication services - dispatching personnel at county are trained and considered highly professional no need to replace capital equipment — no costs /time needed to recruit, train, monitor, control and supervise dispatching personnel DISADVANTAGES . The current Hennepin County network is crowded and very congested. The addition of one or more cities would put the system into severe overload without the addition of more frequencies and dispatch personnel The county at this time cannot replace capital equipment. When it will is unknown. No plan yet devised. — There is no guarantee of management input to systems. A user board has been attempted in the past, but failed due to lack of adequate direction from the Sheriff's Department and cooperation from users. Severe doubts in the minds of many city officials that one large radio communications system could operate effectively due to the many differing political subdivisions that it must serve. belief that few benefits to citizens can be realized. Other than requests for emergency services, citizens cannot use the county system for individual city.service requests. - - severe limitations in providing adequate fire communications no guarantee that citizens will not be assessed a "fair share" cost in the future — overall planning for future of Hennepin County Sheriff's Department In the communications area is not known at this time. 3. Consolidate with Minneapolis The City of Minneapolis will soon be operating a completely new radio communications system. The equipment and facilities were purchased through a L.E.A.A. grant. A provision of the grant was to provide space and equipment to any Hennepin County city wishing to either consolidate with Minneapolis or conduct its own operations frnn_ti,n fnei t i tv ticinv the new equipment. CONSOLIDATING PUBLIC SAFETY RADIO COMMUNICATIONS Page 5 ADVANTAGES —Consolidating with Minneapolis would cost somewhat less. Costs are not yet determined but it appears to be somewhat cheaper than current costs Cities would not have to make the huge outlays for new capital equipment DISADVANTAGES - The radio communication operation is removed from the community it will serve. This is unacceptable to at least two city councils. - costs at this time cannot be determined who manages the Minneapolis operation is undetermined. There appears to be a very unstable climate currently existing as to who will run the-operation and who will control it. There also appears to be considerable in- fighting between the Minneapolis Police Department, the Minneapolis Fire Department and the City Coordinators Office. - Operating personnel of the Minneapolis system may bring professional biases to the operations of a multi -city consolidation. There are currently no guarantees that operating personnel will not be dis- placed by Minneapolis police or fire personnel. Current Minneapolis operations are in constant turmoil due to high turnover rates, poor training and inadequate supervision. Cities joining the Minneapolis system would have to accept the existing operating procedures. This appears unacceptable to all five cities. } 4. The five cities consolidate their public safety radio communications. ADVANTAGES significant annual cost savings to cities. It is estimated that each city can save a substantial amount of their radio communications costs. - strong possibility of L.E.A.A. or other federal grants to pay for a large share of consultant and capital costs - The five cities are fairly homogeneous. They are all inner ring suburban cities, their growth is complete, they all share borders • and all share a willingness to cooperate in seeking basic effective services for their citizens. CONSOLIDATING PUBLIC SAFETY RADIO COMMUNICATIONS Page 6 - The pool of public safety radio frequencies is more than adequate for any system developed. - There are no significant technological barriers. The consolidated radio communications system can be responsive to the needs of the cities. It is not too big to be unmanageable or too small to be cost effective. A management board similar to that developed by HECO can assure that the needs of all. members can be addressed. DISADVANTAGES ' - No one city will control the system and management must be shared. r - Considerable planning, developing and implementing by staff must be undertaken. - Significant capital expenditures may have to be met by each participating city. System success is dependent on continued support by all members over a long term basis. - The defection of at least two cities could severely limit the cost effectiveness of the system. SELECTION OF MOST DESIRABLE ALTERNATIVE . The four public safety managers have selected alternative 4 as the best avenue to proceed in reaching the following stated common city goals: 1. Provide the best possible service to citizens and personnel at the lowest possible cost. 2. Manage the city resources in the best and most efficient manner in such a way as to accrue the most benefits for citizens and personnel. In the cost /effectiveness /benefit mix, alternative four is believed to be the most feasible and most attainable with the least amount of inherent problems to implement. IMPLEMENTING TIMETA Discussions have been held with many knowledgeable people in the radio communications field. Input was asked of them as to determining both the CONSOLIDATING PUBLIC SAFETY RADIO COIMNICATIONS Page 7 feasibility of such a consolidating effort and the determining of a time - table for completing the system. The most acceptable and somewhat con - servative estimate calls for the completion and beginning of operations on 1/1/82. The basic timetable outlined to date is as follows: 1. Submit preliminary L.E.A.A. grant application immediately. 2. Joint Powers Agreement to be signed by 1/1/80. 3. Consultants hired, study completed and specs written, grants determined and bids let for equipment by 7/1/80. 4. Site selected, equipment installed, testing started by 9/1/81. S. Personnel and management hired and trained, operations begun 1/1/82. In conclusion, the public safety managers of the five cities believe that the consolidation will work. Once all cities have committed their resources .and agreed to merge their public safety radio communications, there appears to be no significant barriers to implementing this plan. It is an idea found feasible through numerous study and research efforts. It is an idea that serves the best interest of the citizens, the public safety managers and personnel. It is an idea that is responsive to the mandates of better fiscal responsibility by governmental units, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE ACQUISITION OF ONE DATA PROCESSING INTERACTIVE TERMINAL WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, on September 27, 1978, the City Council of the City of Brooklyn Center adopted a Budget for the calendar year 1979; and WHEREAS, the Council appropriated funds in the amount of $7,100 in the Unallocated Departmental Expense Data Processing Budget for the development and operation of a Property Data System; and WHEREAS, it is necessary to purchase one interactive terminal to be located in the Assessing Department to implement the Property Data System. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1979 General Fund Unallocated Depart- mental Expense Budget by transferring an appropriation of $4,800 from the Data Processing Account Rentals (Object #4397) to the Capital Outlay Other Equipment Account (Object #4552). 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 acid moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF SLIDING GLASS DOORS FOR POOL AREA 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 replacement of defective sliding glass doors and has determined that the quotation of Harmon Glass Company in the amount of $3,338.00 for glass door replacement 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 the replacement of defective sliding glass doors in the amount of $3,338.00 from Harmon Glass Company. 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: a whereupon said resolution was declared duly passed and adopted. j r' QUOTATION FOR SLIDING GLASS DOORS Minneapolis Glass $3,529.00 Harmon Glass $3,338.00 Work consists of furnishing and installing two sliding door units and tempering and installing two units furnished under warranty by Pittsburgh Glass Company. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DENYING THE REQUEST OF HOWE, INC. FOR AN EXPLOSIVE PERMIT WHEREAS, Howe, Inc. manufactures chemical fertilizer and stores the product in bins to a vertical height of more than SO feet; and WHEREAS, a drying process then occurs which also causes the fertilizer to congeal into a hard cake; and WHEREAS, blasting with explosives has traditionally been used by Howe, Inc. to loosen the caked fertilizer in preparation for loading with mechanical equipment; and WHEREAS, Howe, Inc. stores, mixes, bags, sells and handles a wide - variety of agricultural chemicals, some of which are explosive, flammable and toxic; and WHEREAS, as a result of a fire occurring on January, 1979, it was demonstrated that these chemicals caused substantial contamination and pollution of surface water, the atmosphere and surrounding vegetation, and that the living environment of the residential neighborhood surrounding the Howe, Inc. Fertilizer Plant became unlivable; and WHEREAS, at the time of the fire it was learned that Howe, Inc. was in violation of its blasting permit, in that the dynamite magazine was not mobile, was not located in a place which was easily accessible to fire - fighters, and the magazine contained more explosive than allowed under its permit; and WHEREAS, the site of the Howe, Inc. Fertilizer Plant is heavily congested with truck traffic, stored chemical materials, employees and other ped *estrian personal and business invitees and the site is flanked by major traffic thoroughfare congested with automobile, truck, bus and other vehicular traffic, by a heavily used railroad which regularly carries explosive and toxic materials, by a residential neighborhood which has endured considerable disruption, inconvenience, damage and physical suffering as a result of the plant's location, and by a surface water drainage basin, contamination of which is a constant threat; and WHEREAS, piling the material to a lesser vertical height and the use of mechanical equipment appears to be an alternative�to the use of explosives. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the use of explosives under the. herein- before set forth is an unnecessary danger to the health, safety and welfare of the persons living, working and traveling in the vicinity of the Howe, Inc. Fertilizer Plant. RESOLUTION NO. BE IT FURTHER RESOLVED that the request of Howe, Inc. for an explosives permit be denied, said denial to be effective October 31, 1979 or such earlier date as current stockpiles of caked fertilizer are reduced to levels accessible to mechanical equipment. Date Mayor ATTEST: Clerk The motion for the adoption of.the foregoing resolution was duly seconded b member r Y and upon vote being taken thereon the following P , 9 g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1 , k Member introduced the following resolution and moved its adoption, RESOLUTION NO. RESOLUTION DENYING HOWE, INC.'S REQUEST FOR AN EXPLOSIVE P IT WHEREAS, it is known to the City that a variety an substantial volume of products are stored on the Howe site, which are potentially dangerous to the environment and health; and WHEREAS, these products when subjected to fire or explosion can cause substantial environmental and health damage; and WHEREAS, the Howe, Inc. facility is located in close proximity to residential neighborhoods; heavily traveled roadways, and adjacent to a heavily traveled railroad line carrying other potentially hazardous materials; and WHEREAS, the City Council is aware by experience during and after aq t fire at the Howe, Inc. site in January, 1979, that there are real not potential environmental and health problems resulting from accidental explosion or fire on this site; and WHEREAS, the City Council has engaged various consultants to review potential environmental health and safety problems on this site and havexXRPRxkffx received reports indicating and assessing these problems; and WHEREAS, Howe, Inc. has proposed the use of a new and axax mmxa potentially KKXXNMIKKKKNX less dangerous explosive called kinestik: NOW, THERE ORE, BE RESOLVED that inspite of the reduced potential of the new explosive t low 'continued use of any explosives on the site as an integral part of the manufacturing process 4MWbecause of the frequency and consistency of the use and storage of explosives on the site, that it is inconsistent with the Council's responsibility for guarding the health, safety, and welfare of the citizens of Brooklyn_ Center to allow the potential for environmental and health damage due to an accidental detonation to exist on.m this consistent basis within the community; and BE IT FURTHER RESOLVED that for the above reasons the request for xx &yxN =xka paxmi an explosive permit for Howe, Inc. is hereby denied. i i PLANNING COMMISSION AGENDA REGULAR SESSION SEPTEMBER 13, 1979 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: August 30, 1979 .4. Chairman's Explanation: The planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these heari the Commission makes recommendations to the City Council. The City Council makes all final decisions on these matters. 5.' Edwin Kauffmann /Village Builders 79055 Request to rezone from Cl to R3 an approximate .9 acre tract of land at the .corner of Logan and 58th Avenues North,.opposi of Northbrook Shopping.Center. 6. Edwin Kauffmann /Village Builders 79056 Si te and Building Plan approval for 8 townhouses (four buildings) at the corner of 58th Avenue and Logan Avenue, across from Northbrook Shopping Center. 7. Construction Analysis and Management 79057 Site and Building Plan approval of a two story 53,000 square foot addition to the existing Medtronic facility at 6700 Shingle Creek Parkway. 8. Construction Analysis and Management 79058 Combination of'Tracts C and D, R.L.S. 1360 into one parcel ?.for: use by the expanded Medtronic fadility at;6700 Shingle Creek Parkway. r ; _ 9. Mi chi i tsch Builders 79059 Site and Building Plan approval of a four -plex located just west of the new 7 Eleven Store at / .the corner of 69th and Humboldt Avenues. 10. Standard Oil (Quick Six Station) 79060 Site and Building Plan and Special Use Permit approval of a combination gas station, convenience food shop and car wash at the northeast corner of 66th Avenue and West River Road. The new structure will replace an existing gas station. .l. DeWitt Enterprises 79061 Site and Building Plan approval of an 8 unit townhouse complex to be known as Humboldt Square Estates, located at roughly 6800 Humboldt Avenue North across from Humboldt Square Shopping Center. 12. Discussion Items F - -�_,— a. Change date of October 18 Planning Commission meeting to October 11. Page 2 13. Other Business 14. Adjournment Planning Commission Information Sheet Application No. 79055 Applicant: Edwin Kauffmann Location: Logan Avenue south of 58th Avenue Request: Rezoning The applicant is seeking rezoning from Cl (Service /Office) to R3 (Townhouse Garden Apartments) of a tract of land, slightly less than an acre in size, located at the southeast corner of Logan and 58th Avenues North. The land in question comprises roughly the northeast one quarter of the 5700 block of Logan Avenue and is bounded on the west by Northbrook Shopping Center, on the north by an apartment complex, on the east by single - family homes and on the south by a 75' wide private utility easement. The applicant has submitted a'site plan of the area (Application No. 79056) and is proposing to replat the area to provide for four two -unit buildings with individual lots of 34' x 96' and the remainder for common area. The land is presently described as Lot 1, Block 1, Northbrook Center Addition and measures roughly 134' x 295' for a total land area of 39,643 square feet. At a- density of eight units per acre, the parcel can accommodate 7.34 R3 type units. However, the applicant proposes to utilize tuck -under garages which, under Section 35 -410 of the Zoning Ordinance, entitle the builder to a 'credit of 500 square feet per garage space. With one or two garage spaces per unit, the density allowable is at least 8 units. The applicant has submitted a letter outlining how he feels the proposal meets the Rezoning Evaluation Policy and Review Guidelines. (attached) The preliminary recommendation of the Planning Consultant for this parcel is down zoning to Rl . (The parcel was considered too small for an R3 development which generally requires a development of 15 units to break even. Apparently the applicant considers an eight unit complex sufficiently profitable). The present Comprehensive Plan, however, encourages one to one and one -half storey "apartment buildings as a transition between Northbrook Shopping Center and nearby single family housing to the east. (p. 58) Staff consider the present Cl zoning to be inappropriate and a down zoning of the property to a residential use to be more suitable to this location. There does not seem to be any major conflict with the guidelines for evaluating rezonings which are attached for the Commission's review. s with all rezoning applications, it is recommended that the Commission, following review and discussion of the proposal and the holding of a public hearing, table the application and refer it to the Southeast Neighborhood Advisory Group for further review and comment. 9 -13 -79 tea. a� 6 '(0 s " 7201 - 36TH AVE. NO. Minneapolis, Minn. 55427 f Phone: 535 -3361 September 12, 1979 Mr. Ron Warren Director of Planning and Inspection City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Rezoning Application for Lot 1 Block 1 Northbrook Center Addition (Proposed Northbrook Estates Development) Dear Mr. Warren: We are requesting in rezoning on of the 39 6 s q _43 ._ft. areal of land 9 9 q P lying on the southeast quadrant of Logan Avenue North and 58th Avenue North from C -1 to R -3,. We are proposing to develop the land with 8 condominium single family attached dwelling units, u'tilizi g the 500 sq. ft. reduction in required land area for each required parking stall in or under a multiple residence as.provided - for by Section 35- 400 -1(c_) of the City Zoning Ordinance. This reduction would allow developing the parcel with nine total units rather than our proposed eight units. The eight proposed units will consist of four buildings with two dwelling units in each building. We proposed to subdivide the parcel into eight individual lots and one large common area so that all of the units can be privately owned single family homes. Response to the rezoning guideline questions are as follows: a) Is there a clear and public need or benefit? Yes. The proposed rezoning will provide the availability of additional housing units in the City of Brooklyn Center and the Earle Brown School District. The dwelling units will be available at a cost lower than traditional single family homes because of the density and construction cost savings. Mr. Ron Warren Re: Proposed Northbrook Estates Page 2 b) Is the proposed zoning consistent with and compatible with surrounding land use classifications? Yes. The-proposed zoning is consistent with and compatible with the surrounding land use classification because the area to the south is zoned R -4, the area *to the north is zoned R -5, the area to the west is zoned C -2, and the area to the east is zoned R -1. The proposed R -3 zoning provides for an excellent transitional zoning and buffering of the existing R -1 zoned properties east of the subject parcel from the C -2 zoned Northbrook Shopping Center property lying west of the parcel c) Can all permitted uses in the proposed zoning, district be contemplated for development of the subject property.? Yes. It is our,opinion that all permitted uses in the proposed R -3 zoning district can be contemplated for development of the subject property with no detrimental effect to surrounding properties. d) Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? No. It -is our understanding that there has not been any physical or zoning classification changes in the area since the subject property was zoned. e) In the case of City- initiated rezoning proposals, is there a broad public purpose evident? Not applicable. f) Willthe subject property bear fully the ordinance development restrictions, for the proposed zoning districts? Yes. g) Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, config- uration, topography or location? This parcel is one of a few parcels of commercial property in the City of Brooklyn Center which does not abut or have exposure to a major thoroughfare street. This is perhaps the major reason the subject parcel has not been previously developed and therefore seems to be more suitable for residential development than commercial. Mr. Ron Warren Re: Proposed Northbrook Estates Page 3 h) Willthe rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive Planning; 2) the lack of developable land in the proposed zoning district; or 3) the best interests of the community? Yes. It is our understanding the City's Planning Consultant is recommending this property to be reclassified as residential in the City's current comprehensive plan study. - It is our opinion the property is better suited as a R -3 zoning than an R -1 zoning. The R -3 zoning allows the single family attached homes at a greater density and thereby provides transitional zoning and buffering for the existing single family homes easterly of the subject site. The proposed zoning is also warranted because it is to the best interests of the community to provide additional lower cost housing and additional dwelling units in the Earle Brown School District. This development will help replace some of the dwelling units lost to the City and Earle Brown School District due to freeway construction. i) Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Yes. for the various above stated reasons. Sincerely, Edwin Kauffmann, . resident ` VILLAGE BUILDERS, INC. P , Section 35 -208. REZONING EVALUATION POLICY AND REVIEW GUIDELINES. I. Purpose. The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning (ardinarce; and for this ' purpose, by the adoption of Resoiution No. 77 -167, the City Council has establishc::: a rezoning evaluation policy and review guidelines. 2. Policy. It Is `the policy of the City -that: a) zoning classifications must he consistent with the Cow nrehensive Plan, and b) rezoning propesais shall not constitute °srDt zoning, defined as a zoning decision which discriminates in favor of a particular landowner, and does not relate to the Co, prer�el�sive Plan or to accepted planning principles. 3. Procedure. Each rezoning proposal will be considered on its merits, measure? _ against - the above policy and against these guidelines which may be weighed Collectively or individually as deemed by the City . ui deI i.ne s 4• G - ' (a) Is -there a clear and public need or benefit? y (b) Is the proposed zoning consistent with and compatible with surrounding land use classifications? -(c) Can all permitted uses. in - the proposed zoning district be contemplated for development of 'the subject property? (d) Have there been substantial physical or zoning classification changes in the area since -the subject - property was zoned? (e) In - the case of City- initiated rezoning proposals, is there a broad public purpose evident? (f) Will - the subject property bear fully the ordinance development restrictions for. the proposed zoning districts? (g) Is the subject property generally unsuited for uses permitted in the present zoning district, with respect - to size, configuration, " topography or location? (h) Will the rezoning result - in 'the expansion of e zoning district, warranted by: 1) Comprehensive Planning; 2) 'the lack of developable land in the proposed zoning district; or 3)_ 'the best interests of the community? i) Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? ` y Planning Commission Information Sheet Application No. 79056 Applicant: Edwin Kauffmann /Village Builders Location: 58th and Logan Avenues North Request: Site and Building Plan The applicant requests site and building plan approval for an unit townhouse complex at the corner of 58th and Logan Avenues North, across from Northbrook Shopping Center (the property is that described in Application No. 79057) The application is being submitted for two purposes. First of all'as a conceptual plan to show that an R3 development can be contemplated on the property. Second, if the rezoning under Application No. 79057 is recommended, the applicant desires to request site and building plan approval. Each individual unit will be 24' x 46'. The interior lots are proposed to be -'34' x 96', the corner lots 29' x 96'. Individual driveways off Logan Avenue are proposed. The east portion of the site is designated for common area. A mini- mum four feet high opaque screening device (fence or shrub row) will be placed' along the east property line. All setback requirements are met. There is at this time some unclarity regarding the exact location of the east property line since recent surveys indicate that fences for two single - family homes to the east are located on the Northbrook Estates property. In most other respects, the development resembles a single - family home sub- division. Utilities for each unit are connected at the street. As with the rezoning application, it is recommended that Application No. 79056 be tabled until the rezoning question is resolved. 9 -13 -79 ! C2 �ya� \ EARL BROWN "Ao SCHOOL GRANDVI EW m PAR K ,. E 79055 APPLI CATION Nos. 9056 T� o 3 E T� 50 a— ME� 1 57TH I 6r H AVE a z t y E ICbE nziv" 35 H H AY A Y A tj J 7771 r t 'S .. - •"`;$;. �--�---°-- -� �-- -°� _ �-- °--°°--� � - �- -°---� �R �INNEAPOLfS� I I( E Planning Commission Information Sheet Application No. 79057 Applicant: Construction Analysis and Management, Inc. (for Medtronic) Location: 6700 Shingle Creek Parkway Request: Site and Building Plan Approval The applicant is seeking site and building plan approval for a two- storey, 53,135 square foot, addition to its existing facility at 6700 Shingle Creek Parkway. The site includes Tracts C and D, R.L.S. 1360 and is bounded by Speculative Building No. 6 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 east. The site. is zoned I -1 and the research and development use proposed for the addition is consistent with the existing use approved by the City Council. 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 -330 (F). The site is roughly 9 acres in area and is divided from east to west by a 40' utility easement located i n the area of the existing property line. Access to the site is gained via a curb cut off 67th Avenue North and a single curb cut (without median cut) off Shingle Creek Parkway. The new building addition will utilize the area between the existing Medtronic building and the utility easement which presently used for parking. The east half .of Tract C will be used for parking with the west half deferred for possible future development. 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 square feet of office space (165 spaces @ one per 200 square feet) and 45,140 square feet of industrial space (56 spaces @ one per 800 square feet). The proposed site plan provides 248 parking spaces. 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' buffer strip is being provided where the site abuts the R5 zoned. Earle Brown Farm Apartments. The buffer is in keeping with a recently recommended Zoning Ordinance Amendment which has had a first reading by the City Council. The new structure will add space for two additional loading berths in accord - ance with ordinance requirements. The plan also provides for two storage tanks to contain Argonne and Nitrogen. The storage tanks will be wholly enclosed and are located on the north side of the building. The storage area extends the full height of the building. Volatile storage 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 Fire Chief is in the process of reviewing the proposed list of chemicals and will certify that the building plans provide proper, storage of chemicals prior to the issuance of building permits. The landscaping plan provides a 6' high berm at the northeast corner of the site to shield the parking lot from the residential use to the east. A 4' high undulating berm is proposed along Shingle Creek Parkway. - Plantings include three 2Z" to 3" diameter Honeylocust and seven 5' to 6' Honeylocust at the main entrance to the north building. Seven 22" to 3" Green Ash are proposed for the landscaped area along Shingle Creek Parkway, consistent with the treat- ment i.n front of the existing building. Fourteen 6' to 8' Amur Maple are in- dicated for the 50' buffer area at the northeast corner of the site. Parking islands immediately opposite the north building face are proposed to be land - scaped with Littleleaf Lindens. 9 -13 -79 -1- Application No. 79057 All unpaved areas are proposed to be sodded and sprinklered with the exception of the future building site which is to be seeded only. The applicant is requesting deferral of landscaping in this area.for a period of two years Drainage from the site is generally to the south and west. The contractor proposes to salvage and reuse existing storm and sanitary sewer utilities presently under the new building site. The plans seem to be in order and approval is recommended subject to at least 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. 4. The building shall be equipped with an automatic fire ex- tinguishing 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. 5. All outside trash disposal equipment and /or rooftop mechanical equipment shall be appropriately screened from view. 6. B -612 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 shall be approved by the City Council Prior to the issuance of occupancy permits for the addition. 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 2 years. After 2 years, if there is no development plan forth- coming, the potential building iste shall be sodded, sprinklered and landscaped consistent with other green areas on the site. The performance bond will not be released in its entirety until this is accomplished. il. The.applicant will 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. 9 - 13 -79 -2- Planning Commission Information Sheet Application No. 79058 Applicant: Constructing Analysis and Management Location: 6700 Shingle Creek Parkway Request: Preliminary Plat Approval The applicant is seeking preliminary plat approval to combine two 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 site comprehended under Application No. 79057. 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 or registered land survey. This appli -. cation is in response to that requirement. A'40' wide utility easement runs east to west over the middle of the property. Access to the parcel is provided off of Shingle Creek Parkway and 67th Avenue North. The lot dimensions are not substandard in any respect. The zoning of the entire tract is I -1 and the proposed use for the site is permitted under the City's,Ordinances -. We have not received any data as to the area of the parcel, but estimate that it is about 9 acres. The proposed R.L.S. seems to be in order and the City Engineer will be prepared to comment on it further at Thursday evening's meeting. Approval is recommended subject.to the following conditions: 1. The final R.L.S. is subject to the approval of the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. A'public hearing has been scheduled and notices sent. 9 -13 -79 .;, H AV EME. 2 i `h4TH Avg N. P u9TY R 5 APPLICATION NOS 79057 & 79058 DANCE .......... SHINGLE CREEK PARKWAY 67 V OPEN SPACE Z 67 TFi AIDE } BROOKLYN Y HIGH e. cc v.. cx. FREEWAY BLVD.. 6 I , co 1c/ �z @ C2 CENT FAA - R /� 9 `` vi Ar .. -- PROPOSED ROA }--t PROPOSED BRIDGES ' CITY v; / ° am a _ t r lit Planning Commission Information Sheet Application No. 79059 Applicant: Michlitsch Builders Location 1510 69th Avenue North Request: Site and Building Plan The applicant seeks site and building plan approval for a four -unit apartment building on Lot. 1, Block 1, Horbal Addition. The property is located on the north side of 69th Avenue North, westerly of Humboldt Avenue North. The site is bounded on the east by a new 7 Eleven Store, on the north by the Brookdale Towers apartment complex, on the west by single family'residential homes, and on the south by existing R5 multiple- family development. The parcel is zoned R4 and the proposed use is permitted in that zone. The lot in question measures 120' by 170' or 20,400 square feet. Under Section 35 - 400, the land area used for calculating density is exclusive of the setback area abutting streets. In this case, the remaining area is 14,400 square feet, precisely the amount required for four R4 type units. Eight parking spaces are provided as required by the Zoning Ordinance Proposed setbacks are all in excess of the ordinance requirements including a required 15' buffer strip between R1 and R4, The City recently vacated a street easement over the west 30 feet of the property, formerly designated as part of Irving Avenue North The City will retain a 30 foot easement over the same area for public utility and walkway purposes Parking is permitted up to the easement line, but no structures are allowed to be built over it. The parking area is to be screened by a 6 foot high wood fence along the west property line and by four foot high berms adjacent to 69th Avenue North right -of -way. A trash enclosure is proposed on the west s1de of the parking lot. It is felt that a better location for the trash enclosure would be on the east side of the arkin lot to avoid an conflict with p 9 Y the utility and walkway easement. Although no handicapped parking stalls are required for the site, handicapped accessibility is provided by a ramp and striped dead space extending from the front sidewalk. Plantings proposed for the site are minimal. Three small existing elms will remain on the site. New plantings include four 3' to 4' Spirea and four 30" to 36" Maney Junipers. A 6 diameter Green Ash is proposed in front of the building per ordinance requirements. The Commission may well want to review landscaping with the applicant in more detail. It is felt that additional trees and /or shrubs should be provided. along he s' primarily a drainage ditch running 1 t Drainage on the site i s � m i 1 toward a � na e t p Y 9 9 9 north side of 69 th Avenue. Some water will drain toward the northeast corner of the property. Mater and sewer connections are proposed to be made from the utility easement on the west side of the property rather than from the street. Generally the plans seem to be i'n order with the possible exception of land - sacping. Approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 9-13-79 -1- Application No. 79059 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The applicant shall enter into a standard utility maintenance 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. B -612 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.- 9 -13 -79 -2- •� .. �i i ■ EVERGR 1, SCHC1, M MAINTE K PARKWAY r T■ � Y Planning Commission Information Sheet Application No. 79060 Applicant: Standard Oil (Quick 6) Location: 6600 West River Road Request: Site and Building Plan and Special Use Permit Approval The applicant is seeking a special use permit and site and building plan approval to develop and operate a combined gas station, 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 site is bounded by undeveloped R5 property on the east,; a nonconforming single family home on the north (land zoned R5) by a Texaco Station on the west and the proposed Atkins Plumbing Contractors office on the south. The property is zoned C2 and gas stations.and car washes are special uses within that zone. The site is almost square with one 30' access drive onto 66th Avenue North and another onto West River Road. The proposed structure is 31 x 36' with a 40' x 59' canopy to shelter four pump islands to the west of the building. The canopy is to be set back 39' from Highway 169 right -of- way and the pump islands roughly 50 feet. There is no setback requirement for either canopies or pump islands, however, staff considers any additional gas pumps to be inappropriate for an already crowded site. The principle structure is split evenly between the convenience store on the west side and the car on the east side. An 8' x 12' fenced trash enclosure is to be situated on the east side of the building. All relevant setbacks appear to be met. The plan proposes eleven parking stalls as required by the ordinance, eight on the south, side of the site, two adjacent to the trash enclosure, and one along the north driving lane. Handicapped accessibility is provided by two ramps on the north and west sides of the convenience store. The applicant has submitted a letter of application ,attached Pp pp (attached) in which he states that the proposed use will not be detrimental to or impede the develop- ment of surrounding property, but will improve property values The hours of operation, with "normal product availability," would be 24 hours a day. -Since the vast majority of business transacted is the purchase of gasoline, there does not seem to be any conflict with similar uses. If complaints should arise over the round -the -clock service, some restriction on hours of operation could be made through the yearly special use permit review process. The building itself will have a split level roof, with the car wash extending roughly _3 feet above the convenience store. The convenience store will receive a full mansard treatment which will also serve to screen rooftop mechanical equipment. The car wash will have an 18" 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. As to proposed landscaping: the applicant intends to relocate, or replace, an existing 6' 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. Two large existing trees at the northeast corner of the site will be preserved. Other plantings include 10 Redtwig Dogwood, 15 Smooth Sumac, 2 Marshall Ash, and 5 Broadmoor Junipers. The applicant proposes 4" of crushed rock and 2" of decorative rock on top of reinforced "poly" in the planting areas. An underground sprinkler system is - designated in all landscaped areas. 9 -13 -79 -1- Application No. 79060 Drainage from the site is primarily toward a drainage ditch on the south edge of the site. The underground storage tanks are proposed for the west side of the site to allow fuel trucks to refill the tanks with minimum disruption to traffic flow. B -612 curb and gutter are indicated around all parking and driving areas. The plans have only recently been modified with certain changes red -lined in. With these changes the plans seem to meet the City's standards. Approval as submitted would be subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2 Drainage, grading, utility and landscaping plans are subject to 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 prior to the issuance of permits. 4. All outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The Special Use Permit is issued to the operator of the facility and is nontransferable. 6. The Special Use Permit is subject to all applicable codes, ordinances and regulations, including special licensing requirements, and violation thereof shall be grounds for revocation. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. B. 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. 9 -13 -79 -2- STANDARD Standard Oil Division r, Amoco Oil Company Twin Cities District 4640 W. 71th Street, Suite 328 Minneapolis, Minnesota 55435 612- 831 -3464 S. C. Hinkle District Manager September`ll, 1979 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 Attention: Mr. R. Warren Dear Mr. Warren: RE: U. S. HIGHWAY 169 & 66TH AVE. N0. BROOKLYN CENTER, MN. We propose to replace our existing, special use permitted service station at the above location with self serve, full serve, gasoline dispensing, -a car wash and a convenience store. The convenience store would basically have snacks, candy, pop, beer, milk and cigarettes. The hours of operation, with normal product availability, would be 24 hours. These services would serve and be convenient for the general public in the area. The facility would be a new attractive pre -cast concrete structure, improving property values. This new facility will not impede the normal and orderly development of surrounding property. The ingress, egress and parking have been reviewed by your Planning Committee and approved as shown. All applicable regulations shall be conformed to. Your consideration and approval would be appreciated. Yours trul R. A. Duggan ;r. Senior Proje't''Engi er RAD /cg buom i, nq a wc; a;i , 'n on =1 / i ''l -$e, a uro n bwPo Iq U ASS! o& b v ic vin 15 10 „ n mn 10 >Q KAI t, t , , . *VII ' 4 AOL Q, ,. }h PC •':t - F, E _ „- 6 kin j .- 1 } w 5 0 J j ' -s. nn f ' }: AU: „,. AS OWT ,.. s i .,., , ; t t _ ._. J.° ., 5 _.. .tz :t if i_, at t n SUN l , ,.._ z r N (.� ,� 3 ,p .Y -it sia3. n3 Q i s,_i i "f _ ..F i, - ie:'[ "7 t .i�.�. .f, ,i7djC 2 s i }_ it :� z i v {-r. Is 3 i ; --commyn inclaTUOU t uv .x, . _is e.w it own" .. J '.t P U, W pow � . _ o r, -i t ,' ' �. i,. s tilt + J id � ,7p ,at.: .',l t' s a ! 5, 1; �, m ] all q I oil _ t t' � � 0 i= ' [�S�t.i.. C. iii 041 le S '1r.I y a sjm v . _bq fi .,E x�1a.1 DTs'. � W11 S Idc 4 opla 1 ,tNp P1 },`.'! Jt Unq _^ Amu i3 } " n1s; it .. r ai. S, %. y a - 4. tiv�} , ,.� 3> .rte t .jT"' _iii j.r+it, :}j.. g a n T i , f r - t t. .e... l at; i';V 1 L .. P t(. a p v1:3 c g HOP 4 a fit+ l � ? ¢ 'E s_`- f'. ;1`G f:a3t� t�7i.E. rJtF, =; ,ti ..�€ ; Lx'+ �tc�.li�`t a , ,�J:IC oi- _ MP i s "yv' i> .Ci; ; 7 - .. � 'i` - 'S �� 0 t � `� i} - t _� pt'. � .. tT ia1� xt . � �V : d - t p _ i t . u } ��;�J��,i, i 13� ., aC3 }iff: � 10 A t?' F �;t t ;:;Si s .;:_ ! t i 3� 0 . _ ..p} � .3 f, Y ,F i _ ,t; a v "l�li,i3kt' it .S"1 3 >.,.., c3 t �.f3 dtt3l t,. <z1;z: t it} F_ ,?Sat - .t, i i a 1 i y wstar 3}v> s . _ ; , ,t ad c't:�idi ..3? �a .� a .� �t' ,a '� -! � � Jt.), c�, #1 I;Jt Sj ?3 _t..lctal;a 17,)CiF t Juno! Jin : Pv ` e l i }?, q S.).. ti3i�t at t �' ? - :.e. pJ i;i,t `51 qM i3s3 tt qD 01 S .10 'jlti3t_ 0S It qqo 0BPUtWZ I t XKf ) +„ l ma. ",k j aN sun { r4ma x roky Airip To, 400tsq : +pis pup OL11 0 3?"il I 1,it't.P 01 y a Y'jii$ ?4E? Wpd HV iti7.13 [ �j tiE? ;1�t3c� .>.t pa alial .s jc,i?t{ 1, a ,t ^i� ??�3 �t" ,� ,?, r� i "i 11q 10113 13 Ly ' 10 MI 10 t'1tsn ?AJ ?t - ". 1.1 Q S"IoAii a,) Q!_ i pa 1 !iq { ^jc gnm;,V ` l f,. p 3Nl7i ! vNi ,Wu t(. v; K4 ? :ay jom q xwl Vq1 UJ :c]J11d 1, .°iEli 3 f3ZaS o 1 $ ue mum r 2. Standards for Special Use Permits _w A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health; safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, diminish and im air ro er.t nor substantially P P P Y values within the Y neighborhood. - (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, (d) Adequate measures have been or will be taken to provide ingress egress and parking so designed as to minimize - traffic congestion In the public streets. (e) The special use shall, in all other respects, conform to the appli cable regulations of the district in which it is located,-- 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may i Y Y Y N se such conditions and restrictions upon the establishment, Iocation,- construction, maintenance and operation of the special use as deemed necessary for the pro- tection of the ublic interest an o d t secure compliance with re P P q specified in this ordinance: In all cases in which special use permits are granted, the City Council may require such evidence -and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied" by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council, except that. the applicant may set forth in writing newly discovered evidence of *change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time 5._ Revocation and Extension of Special Use Permits When a special use permit has been issued. pursuant. to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of Sis nn �, 33 f ■ N, ■ ■ ...tea+, t i j . ANNEX ATER TOWER ►. ■�i�i .,' I MI dalk , z • ■ ■■ • / . i ■•,,, ■ ■ f ;w _ F s p ■■ i F 4 ro: Y '4 y n r , y v Planning Commission Information Sheet • Application No. 79061 Applicant: Richard DeWitt Location: 6801 Humboldt Avenue North Request: Site and Building Plan Approval The applicant is seeking 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 at roughly 6801 Humboldt Avenue North. The parcel is bound by the Humboldt Courts Apartments on the north, by the Spec. 7 Industrial Building on the west, by the Bardel Apartments on the south, and by Humboldt Square Shopping Center on the east. The land is R5 and R3 uses, such as townhouses and single - family attached condominiums, are a permitted use in the R5 zone provided they meet R3 district requirements. The applicant seeks to put 8 townhouse units (two quadrahomes) on a 39,307 square foot parcel. Each unit will have a two -car tuck -under garage which under Section 35 -410, entitles the builder to a density credit of 500 square feet per enclosed stall, or a total density credit of 8,000 square feet over the entire site. At 4,400 square feet per unit, the allowable density is 8.9' units. Total parking provided on the site will be 32 spaces or double the required amount. Access to all units is provided by a driveway running along the north side of the property. The applicant proposes that each unit will have its own platted yard area and the drives, and the front and rear yards will be designated as common area. Each lot will be approximately 44' x 44'. The applicant will be submitting replatting of the area which will be before the Commission at a future date. The structures are to be set back 10 feet from the south property line as required by the ordinance. The setback off Humboldt Avenue is roughly 72 well in excess of the 50' ordinance requirement. 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. All common driving areas will be surrounded by B -612 curb and gutter. The site will generally drain toward the rear. The plans generally seem to be in order and approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility p.lans 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. 4: All outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view: .5: 6 -612 curb and gutter shall be provided around all common driving areas. 6.' The prop rty is subject to replatting in accordance with Chapter 5 of the City Ordinances 11 tj EVERGREEN MAINTENANCE ANNEX WATER TOWER APPLICATION NO. C BROOKLYN CENTER.:-- HIGH SCHOOL FREEWAY AN EXCERPT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION September 13, 1979 CITY HALL A PPLICATION NO. 79059 (Michlitsch Builders) The Secretary introduced the next item of business, site and building plan approval for a four unit apartment building on Lot 1, Block 1, Horbal Addition. He explained that the property is located on the north side of 69th Avenue North westerly of Humboldt Avenue North. The site is bounded on the east by a new'7 Eleven Store, on the north by the Brookdale Towers Apartment complex, on the west by residential homes and on the south by existing R5, multiple family development. The parcel is zoned R4, he noted, and the proposed use is permitted in that zone. The Secretary stated that the lot in question measured 120''x 170' or 20,400 square feet in area. He noted that the land area used for calculating density after deducting setback areas is 14,000 square feet, precisely the amount for four R4 type units. He pointed out that eight parking spaces are provided as required by the ordinance and that proposed setbacks are all in excess of the ordinance requirements qu rements including a 15 foot buffer strip between RI and R4 on the west side of the property. The Secretary explained that the City had recently vacated a street easement over the west 30 feet of the property, formerly designated as part of Irving Avenue North. The City will retain a 30 foot easement over the same area for public utility and walkway purposes, he said. Parking is permitted up to the easement line, but no structures are allowed to be built over it. The Secretary stated that the parking area is to be screened by a 6 foot high wood fence along the west property line and by four foot high berms adjacent to 69th Avenue North right -of -way. He pointed out a trash enclosure proposed on - the west side of the parking lot and suggested that a better location for the trash enclosure would be on the east side of the parking lot to avoid any conflict with the utility and walkway easement. He also noted that although no handicapped are re uired for h g capped parking stalls q the handicapped accessibility is provided by a_ramp and striped dead space extending from the front sidewalk. The Secretary observed that proposed plantings are minimal. Three small existing elms will remain on the site. New plantings include three to four foot S P irea and four 30 to 36 Maney Junipers. A 6 diameter Green Ash is proposed in front of the buildings per ordinance requirements. The Secretary recommended that the Commission review the landscaping with the applicant in more detail and suggested that additional trees and /or shrubs be provided., The Secretary indicated that drainage on the site is primarily toward a drainage ditch running along the north side of 69th Avenue. Some water will drain towards the northeast corner of the property, he noted. Water and sewer connections are 1 proposed to be made from the utility easement on the west side of the property, rather than from the street. Chairman Pierce asked whether the trash enclosure would be paved.- The Secretary indicated that the ordinance requires Ahat trash bins be screened, but not that they be placed on paved surfaces. Generally, however, they are. The Secretary commented that it is felt that the proposed walkway along the west side of the site be installed as soon as ossible because of uncontrolled p , traffic presently using this lane. In response to a question concerning screening, the Secretary pointed out that a six foot high fence is in place along the west side of the site, that berming will screen the parking from uses across 69th Avenue and that screening from the 7 Eleven use to the east is already i n,pl ace. Commissioner Manson asked if the utilities had been installed below ground by this time. The Secretary answered that the utilities are already in place in the easement. Mr. Michlitsch stated that he was reluctant to put in a sidewalk before the utilities for the apartment were in place. In answer to a question from Commissioner Lucht regarding the landscape plan, the Secretary stated that staff considers it to be deficient. Commissioner Theis arrived at 8:54 p.m. Commissioner Erickson asked whether the present plan would allow pedestrian traffic to cut across to the site of the 7 Eleven Store. The Superintendent of Engineering acknowledged that this was very likely, but the Secretary added that a fence along the west side of the 7 Eleven site extends to within 10 feet of the public right -of -way. In response to another question from Commiss- ioner Hawes regarding the widening of 69th Avenue North, the Secretary stated that the existing right =of -way is adequate to accomplish any further widening. Chairman Pierce asked whether there is a ratio of units to trees required in a landscape plan. The Secretary answered that only one six inch tree is required in this case, but that the landscape plan as a whole falls below standards for. comparable developments. Commissioner Erickson asked 'whether the City could require more landscaping. The Secretary responded that the applicant is required to submit a landscape plan that must be approved by the City. If the Commission determines it is deficient, it can require additional landscaping. Mr. Michlitsch stated that he was willing to add landscaping, but added that it would ' be with reluctance because of the costs. ' e c t Commissioner Lucht commended . that there was little on the landscape plan other than the six inch ash that is likely -to still be on the site in three years. He commented that the building looks very nice, but that the site is adorned with less than $100.00 of land- scaping. The Secretary stated that the Zoning Ordinance requires one 6" tree for this development and that no absolute number of other trees are required. He stated, however, that other approvals serve as a precedent in the City's requirement of more landscaping. Chairman Pierce stated that he would like to see at least two 2Z" trees along the west side of the building and a few more shrubs in front. The discussion of landscaping continued until the Commissioner and the applicant had come to an agreement. A CTION RECOMMENDING' APPROVAL OF APPLICATION NO. 79059 (Michlitsch Builders) Motion by Commissioner Lucht seconded by Commissioner Erickson to recommend approval of Application No. 79059, submitted by Michlitsch Builders, for site and building plan approval of a four unit apartment building on Lot 1, Block 1, Horbal Addition' subject to the following conditions: 1.' Building plans are subject to review and approval by'the Building Official with respect to applicable codes prior to the issuance of ,permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 9- 1'3 -79 -2- 3. The applicant shall enter into a standard utility maintenance t 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 23 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 ro ert is zoned C2 and as stations and car washes are special p P Y 9 uses within that zone. The Secretary described the 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 buildin Y 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 -3- 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 by 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 have 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 lace an existing six foot high that he applicant intends 'to relocate r re ut t pp p g 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 Redtwi g 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 x _p p 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 will 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 -4- Commissioner Hawes asked whether it would be feasible to eliminate access onto Highway 169 and provide two openings onto 66th Avenue North. The Secretary stated that a steep dropoff on the southeast edge of the property would not make such an arrangement feasible. In response to a question from Commissioner Hawes regarding handicapped parking, the Secretary pointed out that a handi- capped parking stall had been moved slightly eastward from the original plan in order to avoid conflict with the traffic lane approaching the gas pumps. The Commission briefly discussed the use of rock mulch in planting 'areas on the west and south sides of the site. The Secretary stated that it is felt that the six inches of rock material would be deep enough to prevent weeds. The Planning Commission then discussed the proposed landscaped plan. Commissioner Theis asked what type of trees were located on the northeast corner of the site. Mr. Clyde Olson,of 6626 West River Road, stated that the trees are Elms and that he suspected one is dead. / PUBLIC HEARING The Chairman then opened the meeting for a public hearing. Commissioner Theis noted that the self - service pumps are located close to the building while the full service pumps are further away and questioned whether this was consistent with the traffic movement toward the car wash. Mr. Ray Duggan, representing Standard Oil, maintained that the proposed arrangement would allow an easier traffic flow. Mr. Clyde Olson, of 6626 West River Road, addressed the Commission and stated that he considered the amount of land on the proposed site to be inadequate for the number of uses proposed. He also objected to the constant noise resulting from the car wash. He complained about the poor maintenance record of the present station operators. In response to a question from Commissioner Hawes, Mr. Duggan explained that the car wash would be a roll over unit with the wash, rinse, and drying devices moving past the car rather than vice versa. In answer to Chairman Pierce, Mr. Duggan stated that the car wash would not make much noise and that the hours of operation would depend on the operator of the station. Commissioner Theis asked how steep the bank on the east side of the site is. Mr. Duggan indicated that it was very steep with grades of 12 to 22 to 1. He added that the landscape plan proposes a seed mix to control soil erosion. Commissioner Theis commented that a fence along the north side of the site will effectively.block headlights, but not noise, and suggested that shrubs could be added. Mr. Duggan countered that it should be proven that the'car wash is, in fact, noisy before plantings are required. At that point, Mr. Olson reiterated his feeling that the site is simply not big enough for the number of uses contemplated. The Commission discussed the parking on the site. The Secretary explained that the Quick Six operation would be different from a Superamerica in that only a few. products would be offered for sale, usually in conjunction with a purchase of gasoline. The Commission then discussed at some length the problem of maintenance on the site including mowing and snow storage. The Secretary stated that any damages resulting from poor maintenance should be resolved by a civil action and could not really be addressed in the site and building plan approval. In answer to Commissioner Lucht, the Secretary explained that the City reviews at the administrative level each special use permit once a year and stated that if 9 -13 -79 -5- any serious problems arise, the application could be brought back before the Planning Commission. Mr. Olson and the station manager then gave contradicting accounts of past complaints. The Building Official commented that the City has been notified in the past about the snow melting problem and that staff have I, notified Standard Oil. He acknowledged that nothing seemed to have been done. In answer to Commissioner Hawes, Mr. Duggan explained that the car wash was equipped with doors which would enclose it during the winter, but that these q 9 doors would probably be open during the summer time. Commissioner Hawes asked whether the fence could be moved to the ro ert line in order to assure that P P Y the grassy areas were completely enclosed within the site. The Secretary ex- plained that the elevation drops off considerably outside of the proposed fence line and that to move the fence would reduce its effectiveness i`n screening the glare of headlights. The Commission continued to discuss the,maintenance of the green area outside of the fence on the north and east sides of the site. Commissioner Malecki asked whether the performance bond could be held to ensure proper maintenance of the site. The Secretary explained that performance bonds are held to ensure in- stallation of approved site improvements and to assure they are viable for up to one year and not for maintenance. Mr. Duggan and Commissioner'Lucht both agreed that the proposed Crown Vetsch treatment of steep slopes on the northeast side of the site would be the most attractive and easiest to maintain. The Secretary added that the performance bond would be held until the turf is proved viable.. Commissioner Theis asked what the size of the trees wouid be indicated on the plan. The Secretary stated, that the plans should be modified to indicate 22" to 3" diameter trees. ACTION RECOMMENDING'APPROVAL OF APPLICATION NO. 79060 (Standard Oil /Quick Six) Motion by Commissioner Lucht seconded by Commissioner Hawes to recommend approval of Application No. 79060 submitted by Standard Oil for a Special Use Permit and site and building plan approval for a combined gas station, car wash and convenience store use at the northeast corner of 66th Avenue North and West River Road, subject to the following conditions; 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility and landscaping plans are subject to approval by the Cit Y Engineer ineer P rior 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 prior to the issuance of P ermits. 4. All outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view. 5. The Special Use Permit is issued to the operator of the facility' and is nontransferable. 6. The Special Use Permit is subject to all applicable codes, ordinances and regulations including special licensing require - ments and violation thereof shall be grounds for revocation. 7. Plan approval is exclusive of all - signery which is subject to Chapter 34 of the City Ordinances. 9 -13 -79 -6- . 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. APPLICATION 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 at roughly 6801 Humboldt Avenue North. Secretary The pointed out that the parcel is P P 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. 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. 1 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 the screening 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 -7- 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 thoughtiit 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 driving 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. 9 -13 -79 _g_ " AN- CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE REQUIRING THE ABATEMENT AND DISCONTINUANCE OF THE MANUFACTURE OF CHEMICAL FERTILIZERS IN INDUSTRIAL AREAS THE CITY COUNCIL OF THE CITY -OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1.`. Findings: 1. The City Council finds that the manufacture of chemical fertilizers has been prohibited in industrial zones within the City, including the industrial zone occupied by the Howe, Inc. Fertilizer Plant since November 5, 1957; 2. The City Council finds that Howe, Inc. continues to manu- facture such chemical fertilizers under presently existing Nonconforming Use provisions of the Brooklyn Center Zoning Ordinance; 3. The City Council finds that such manufacture of chemical fertilizers at the site occupied by Howe, Inc. substantially deprives adjacent residential property owners of the use and enjoyment of their property as evidenced by numerous studies conducted by state and local government, voluminous testimony at public meetings, and by the personal investigation of city staff members and City Council members; 4. The City Council finds that the Brooklyn Center Comprehensive Plan was adopted on the 7th day of November, 1966 and the said Comprehensive Plan recommends the relocation of the Howe, Inc. Fertilizer Plant as a goal of community development because of its incompatibility with surrounding residential neighborhoods; 5. The City Council finds that a period of 25 years is a sufficient time for Howe, Inc. to amortize its investment in that portion of its plant and equipment used for the manufacture of chemical fertilizers. Section 2. Section 35 -111 of the Zoning Ordinance of the City of Brooklyn Center is amended by the addition of the following: 7. The foregoing Nonconforming Use provisions notwithstanding, the manufacture of chemical fertilizer within the I -2 Zoning District, and upon the site of the Howe, Inc. Fertilizer Plant located at 4821 Xerxes Avenue North and legally described on Exhibit A attached hereto and made a part hereof by reference, shall be abated and di on or before November 5, 1982, provided however, that any such manufacture of chemical fertilizers which constitutes a nuisance under the Common Law, under Minnesota Statutes 561.01, 1 or under Section 19.101 of Brooklyn Center Ordinances shall be immediately abated and discontinued. ORDINANCE NO. Section 3. This ordinance shall become 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 (Underline indicates new matter.) i fi' CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CIU=R 34 REGARDING FREESTANDING SIGNS FOR R3 THROUGH R7 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended to read as follows: Section 34 -140 3C (3). "Cluster developments or complexes in R3 through R7 districts involving three or more buildings and not less than 36 dwelling units (may have one freestanding identification sign with a maximum area of 36 square feet at each major entrance to said development or corplex, not to exceed a total of two signs. Such sign(s) shall not extend r.�re than ten feet above ground level.) shall be entitled to one of the following options at each major entrance not to exceed a total of two entrances: (1) One freestanding sign no greater than 36 square feet in area and extending ot g more than 10 feet above ground level. (2) Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 square feet in area and each not more than 5 feet above ground level. Section 2.' This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1979. Mayor ATM-ST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). C CI TY FIRE DEPARTMENT OF B R OOKLYN 6250 BROOKLYN BLVD. BROOKLYN CENTER, MINNESOTA 55429 ENTER Eiti OFFICE: 561 -5443 EMERGENCY: 561 -5720 September 1.4, 1979 City Council City of Broo'clyn Center 6301 Shingle Creep: Park: ;;ay Brooklyn Center "N 55430 Gentlemen: A Sneci.al Board - eeting of the Brooklyn Center Fire Department Relief Association was held on August 27, 1979. T'le f allotein.,� recommendations were made and an-�ro;✓ed. Treasurer Jay i_rusll:a T7-,s ai Ghori?ed to niir cT,ase t e u.ai'L%�S A1'! at 1-.e— into '';st rate ❑ c ') 1. /?J �:'.�.. ' i 1 i_.. t i o L_7 i.. tiffs L�..�i date c._ Jan 1 _ is �. Cos is cord 1 otc - r Commer^-al aver s.t the interlest n- o l which natures :ovember 1, 1:70. L e cost is 25,035.00. {ie feel ti?o u c ^.ur° T °1 C'rC7 S? oi?SI1 1 �0�� *r ? rp'j this -action., - espctfully s' a.litt , C - mres R. C-11',t P } ecretary Brooklvn Cent.ra Derr e .t. Relief - Association O "74 So«r g4V Mou 1 tt/ l 79 CITY OF BROOKLYN CENTER / Surplus Cast Iron - Pipe and Fittings 2 16" x 8" Tee 1 811 x 8 Tee 1 16" x 12" Tee 1 016" x 16" Tee ,2 6x6x6" Tee 1 6x6x 8" Tee 1 16" Coupling 29'pcs 6" pipe mechanical joint 20' lg. 10 pcs 6" pipe mechanical joint 20' lg. - damaged 2 full lengths 16" mechanical joint 1 full length 8" mechanical joint 2 full lengths 10" mechanical "joint 1 full length 6" mechanical joint 1 8" bell end full length 20' - damaged 5 8" bell end 10' lengths - damaged 1 8 " valve gate 1 8" check valve 3 8 valves - gate 5 6" valves - gate 1 - 10' iece 8 e i P pipe 1 12" valve - gate 30 pieces'6" pipe short random lengths, plain end'both ends. 1 8" x 10" reducer steel pipe 1 8" x 10" reducer 52' 12" well casing - various lengths 1 16" x 12" reducer 11 10' well column 10" (pump shafts 1 1/2 "?) 2 30" blind flange 8 12" blind flanges 35.6" x 8 " flanges 1 24" blind flange - damaged 5 valve boxes (3 pc.) 2 curb boxes 1 12" spool • 1 8 spool 1 8 x 30" spool 1 12 " 1/8 bend 2 6" bends 2 16" plug ? 1 16" plug 3 8 " plugs 1 . MEMORANDUM TO: Gerald G. Splinter City Manager FROM: Paul W. Holmlund Director of Finance DATE: September 12, 1979 SUBJECT: City's Contribution to Northwest Hennepin Human Services Council Y p I have attached a o f J 1979 from the Northwest c o a letter dated January 10 pY Y Human Services Council. The letter requests the amount of $921.00 as the City's contribution to the Councils 1979 budget. I have searched the 1979 Minutes and also the 1978 Minutes and have found no mention of the Council approving the contribution. I may have missed the reference. Would you like to take this bill to the City Council for their approval? Respectfully submitted, (u W . 44tA Paul W. Holmlund PH:pk Attachment Rr1. 1.9 northwest hennepin human services council ;. 6820E shingle creek parkway, brooklyn center, mn 55430 • (612) 560 -1430 January 10, 1979 Gerry Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Gerry: This is a bill for your city's contribution to the Northwest`Hennepin Human Services Council in the amount of $921.00. As you may recall, at the March meeting of the Executive Committee of the Northwest Hennepin Human Services Council, a resolution was passed to request that member municipalities provide a $5,000 contribution to the Council's 1979 budget. This action was taken in light of early discussions with members of the Hennepin County Board of Commissioners who feel strongly that if community planning is to be a joint venture between the County and suburban municipalities then municipalities must accept a small portion of the financial responsibility for that activity. (This was reported to your city on April 3, 1978.) The Executive Committee of the Council asks that your city contribute approximately $.0027 per capita to the 1979 budget of the Council. This will be approximately 10% of the total budget amount. We have used the 1977 Metropolitan Council population estimates in our calculations. For your information, the amounts requested from each city are as follows: POPULATION CONTRIBUTION Brooklyn Center 34,100 $ 921.00 Brooklyn Park 36,300 980.00 Champlin 8,040 220.00 Crystal 28,180 761.00 Golden Valley 23,680 640.00 Maple Grove 13,230 360.00 New Hope 23,320 630.00 Osseo 2,960 80.00 Robbinsdale 15,030 406.00 TOTALS 184,850 $ 4998.00 We would appreciate hearing from you soon. Sincerely, Ei een Moran Executive Direc it DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 NN HENNEPIN [i Ll 935 -3381 September 18, 1979 Mr. Gerald Splinter, Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: r RE: CSAH 130, County Project 7235 - 69th Avenue North from West of TH 152 to TH 169 in Brooklyn Center As a result of increasing construction costs and County Board direction to hold the 1980 County property tax requirement to within 6% of the 1979 tax, ' the above referenced project in your city has been removed from the Proposed .1980 -1984 Hennepin County Transportation Capital Improvement Program (CIP). The Hennepin County Board of Commissioners is scheduled to meet at 10:00 a.m. on Wednesday, September 26, 1979 to hear the CIP overview and Capital Budget - ting Task Force recommendations which include removal of the subject project from the CIP. Your comments, if any, should be presented to the County Board at this morning session. The afternoon session on the above date (1:30 p.m.) will include the Depart- ment of Transportation response to questi and concerns of the County Board on the CIP. Should you have questions concerning the CIP and /or projects within your com munity, contact Jim Wold at this office. Sincere , o.�.., Herbert 0. Klossner, Director Department of Transportation HOK /JVV :bg cc: Sy Knapp HENNEPIN COUNTY an equal opportunity employee JOINT AND COOPERATIVE AGREEMENT NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION The parties to this agreement are governmental units. of the State of Minnesota. This agreement is made pursuant to Minn. Stat. §471.59, I. PURPOSE The general purpose of this agreement is to establish an organization to jointly and cooperatively study, prepare and recommend for enactment a model cable communications franchise ordinance to its members, analyze applications for that franchise, identify and recommend one applicant to be granted that franchise by its members, and administer and enforce a single cable communications franchise in member cities in the Northwest Suburbs of Hennepin County, Minnesota. II. NAME � The organization created by this agreement shall be known as the "Northwest Suburbs Cable Communications Commission." III. DEFINITIONS For purposes of this agreement, the terms defined in this article I shall have the meanings given to them. *Section 1. "Associate member" means a governmental unit in the State of Minnesota which has entered into this agreement and is, at the time involved, a party in good standing. Section 2. "Board" means the Board of Directors of the Northwest Suburbs Cable Communications Commission, consisting of two directors from each city which is a member of the Commission. Section 3. "Commission" means the organization created pursuant to this agreement. Section 4. "Member" means a city which enters into this agreement and is, at the time involved, a member in good standing. Section 5. Definitions of other words, terms and phrases contained in the rules of the Minnesota Cable Communications Board are incorporated herein as though fully set forth. IV. MEMBERS The cities eligible to enter this agreement are the following Minnesota cities: Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Medicine Lake, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale. V. ASSOCIATE MEMBERS Section 1. Other governmental units which desire to follow the activities of the Commission, participate in the franchising process, and receive and contribute information about the development of a cable communications system, for the purpose of coordinating intergovernmental relationships, may affiliate L with the Commission as "associate members." Section 2. A governmental unit desiring to become an associate may do so in the manner applicable to becoming a member, except as otherwise provided in this article. Section 3. The Commission may reject an application for associate membership by a governmental unit. Section 4. An associate may appoint a director and an alternative director to the Commission, but that 'director or alternate shall not have voting power, shall not be eligibile to serve as an officer and shall not be counted for quorum purposes. Section 5. The Commission may establish the charges to be paid by associate members and, for that purpose, it may classify associates in accordance -2- with their varying circumstances. Section 6. An associate may discontinue its association with the Commission at any time by giving written notice of withdrawal to the, ° secretary of the Commission. Withdrawal shall not relieve that withdrawing associate from its obligations to pay any charges which it has incurred up to the time of withdrawal. VI. BOARD OF DIRECTORS Section 1. In order to carry out the purposes of this agreement, the parties shall appoint a Cable Communications Commission which shall be representative of all the members. The governing body of the Commission shall be its Board of Directors. Each member shall be entitled to two directors, each of whom shall have one vote. The city council of each member shall appoint its two directors, at least one of whom shall be either a member of that council or an administrator or staff member of that city. The council of each member shall fill any vacancy in the directors appointed or to be appointed by it. Directors shall serve without compensation from the Commission but this shall not P revent a member from compensating its directors if compensation is authorized by that member and by law. Section 2. There shall be no voting by proxy, but all votes must be I cast in person at Commission meetings by the director. Section 3. Each director of the Commission shall serve for a term of two years. All terms shall begin as of the date of the execution of this agreement When the council of a member appoints the first two directors, it shall give notice of their appointments to the City Manager of the City of Crystal. Notice of the successor director shall be given to the secretary of the Board. Such .notice shall include the name and mailing address of the appointee, whose name -3- and address shall be deemed to be the official name and address of the appointee for the purpose of giving any notice required hereunder. Section 4. There shall be an Executive Committee which shall consist of the four officers and one other director elected by the Board of Directors. To the extent determined by the Board,the Executive Committee shall have the authority of the Board in the management of the business of the Commission. The Executive Committee shall act only in the interval between meetings of the Board and at all times is subject to the control and direction of the Board. The Executive Committee shall meet at the call of the President or the call of any other two members of the Executive Committee. The date and place of the meeting shall be fixed by the person calling it. At least forty -eight (48) hours advance written notice of that meeting shall be given to all members of the Executive Committee by the person calling that meeting; however, notice may be waived by any or all members who actually attend the meeting or who give written waiver of such notice for a specified meeting. Section 5. A majority of the number of directors appointed at an one J Y PP Y time shall constitute a quorum of the Board, and a majority of those appointed shall constitute a quorum for a meeting of the Executive Committee. No business shall be done unless voted for by a majority of the whole Board at a Board of Directors meeting, or of the whole Executive Committee at its meeting, except that in both instances less than a majority may adjourn. Section 6. A director shall not be eligible to vote on behalf of his or her city during the time that it is in default on any contribution or payment to the Commission. During the existence of such default,the vote or votes of such member shall not be counted for the purposes of this agreement. 5 -4- - VII. OFFICERS Section 1. The officers of the Commission shall consist of a President, a Vice President a Treasurer, and a Secretary all of whom shall be elected at the first meeting of the Commission and at the annual meeting of the Commission held in June of each year. New officers shall take office at the adjournment of the annual meeting of the Commission at which they are elected. Section 2. A suspected vacancy or chronic non - attendance shall be reported to the appointing municipality for action in replacing its appointee. Section 3. The President shall preside at all meetings of the Commission. The Vice President shall act as President in the absence of the President. Section 4. The Secretary shall be responsible for keeping a record of all of the proceedings of the Commission and giving notice of meetings. Section 5. The Treasurer shall have custody of the Commission's funds, pay its bills, keep its financial records and generally conduct its financial affairs. The Treasurer shall have the right to appoint a Deputy Treasurer. All checks drawn upon the Commission's bank account shall require the signatures of the Treasurer or Deputy Treasurer and the President or Vice President. The Commission's financial books and records shall be audited on or before June 1 of each year, or at such other time as the Commission may direct, by an independent auditor designated and approved by the Board of Directors. VIII. MEETINGS Section 1. A member entering into this agreement shall do so by the duly authorized execution of a copy of this agreement by its proper officer. Thereafter, the Clerk of _other appropriate officer of that member shall file a duly executed copy of this agreement, together with a certified copy of the authorizing resolution. and its initial dues payment required`by Paragraph X, -5- with the City Manager of the City of Crystal. The resolution authorizing execution of the agreement shall also designate the first two (2) directors from that member. This agreement shall become effective when (a) it has been authorized by eight (8) of the ten (10) eligible cities, (b) all appropriate documents have been filed as provided above, and (c) the initial dues of all members have been paid. Within thirty (30) days after the effective date of this agreement, the City Manager of the City of Crystal shall call the first meeting of the Commission which shall be held no later than fifteen (15) days thereafter. Section 2. At the first meeting, or as soon thereafter as it reasonably may be done, the Commission shall adopt by -laws governing its procedures, including the time, place and frequency of its regular meetings. The by -laws may be amended from time to time by a majority vote of the Commission. Section 3. Special meetings of the Commission may be called (a) by the President or (b) by the Secretary upon the written request of a majority of the directors. Five (5) days' written notice of special meetings shall be given to the directors, including subject matter of the special meeting. Section 4. Notice of meetings of the Commission shall be given to the directors by the Secretary at least five (5) days in advance and,when feasible, the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Commission need not be limited to matters set forth in . the agenda. Ix. POWERS, RIGHTS AND DUTIES OF COMMISSION Powers and duties of the Commission shall include the powers set forth in this Article. Section 1. It shall prepare and recommend for enactment by its members a single, model cable communications franchise ordinance. f Section 2. "It shall prepare and recommend for adoption by its members a single, model Invitation for Applications for a Cable Communications Franchise. Section 3. It shall evaluate all franchise applications received by its members and shall submit to its members a report classifying, comparing and interpreting information supplied by the applicants. Upon a two - thirds affirmative vote of the Board of Directors, it shall identify and recommend one applicant to be awarded a cable communications franchise by its members. Section 4. It shall act or cause others to act at their discretion in any manner regarding the study of cable communications, the preparation of a franchise ordinance and other documents required by its members, the evaluation of applications received by its members, and the administration and enforcement of a cable communications franchise. Section 5. It may investigate the operation of cable communications systems in other cities in Minnesota or elsewhere, and the expenses of traveling and subsistence of directors in making any such investigations shall be borne by the Commission. Section 6. It may enter into any contracts deemed necessary by the Commission to carry out its powers and duties, subject to the provisions of this agreement: It may appoint advisory bodies to make recommendations to it on cable communications. Section 7. It may accept gifts, apply for and use grants and may enter into agreements required in connection therewith and it may hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 8. It may submit written comments on rules, regulations or d legislation regarding cable communications proposed by or before the Federal Communications Commission, Minnesota Cable Communications Board, or the Minnesota 1 Legislature or it may direct its representatives to appear and testify on cable communications before these governmental bodies. Section 9. It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the Commission and it may exercise any other power necessary and incidental to the implementation of its powers and duties. Section 10. It shall administer and enforce the franchise or franchises granted by the members to this agreement and shall prepare and recommend for enactment by its members amendments to this agreement which will facilitate the administration and enforcement of the franchise. X. FINANCIAL MATTERS Section 1. For the calendar year 1979, the financial contributions of, the parties in support of the Commission shall be as follows: a member having a population of less than 500 persons shall contribute $500; a member having a population between 501 and 3,000 persons shall contribute $1,000; and a member having a population in excess of 3,000 persons shall contribute $2,500. For purposes of this section, a member's population shall be established by reference to the Metropolitan Council's most recent Social and Demographic Report It is acknowledged that the contributions in 1973 by the member cities of Crystal, Golden Valley, New Hope and Robbinsdale are in satisfaction of their obligations. under this section for the year 1979. Contributions or dues for the year _1980 and subsequent years shall be established in relation to the population of each member and shall be sufficient to satisfy the final budget of the Commission. Contributions shall be assessed at the Commission's annual meeting and shall be paid by members by February 15 of the following year. Section 2. A proposed budget for the ensuing calendar year shall be formulated by the Commission on or before April 15 of each year. The Commission -8- may revise its budget.in response to or as a result of a notice from any party that it proposes to withdraw from the Commission. The final action adopting a budget for the ensuing calendar year shall be made by the Commission at its annual meeting in June of each year. Section 3.` The Commission shall expend whatever sums it deems necessary in its efforts on behalf of its members. Surplus funds shall be returned to its members in the same proportion as their contributions. Provisions of Minnesota statutes which govern the expenditure of funds by statutory cities, shall apply to the Commission. XI. WITHDRAWAL Section 1. Any member may at any time give written notice of withdrawal from the Commission. The nonpayment of charges and the refusal or declination of any member to be bound by any obligation to the Commission shall also constitute notice of withdrawal. (a) Actual withdrawal shall not take effect for a period of one (1) year from the date of such notification. (b) Upon effective withdrawal the member shall continue to be responsible for all of its prorated share of any unapid obligations and for any contractual. obligations it has separately incurred with the Commission. Section 2. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the Commission shall forfeit its claim to any assets of the organization except that it shall have access, at a reasonable cost and under such conditions as the Commission may determine, to any cable communications programs, files or other materials developed for its use while it was a member. XII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) a sufficient j : -9- number of .members withdraws from the organization to reduce the total number of contiguous members to less than four (4) or (b) by two- thirds vote of all members of the Board present and voting at that meeting. , Section 2. In the event of dissolution the Commission shall determine the meas ur es necessary o effect the dissolution and shall provide for the y taking of such measures as promptly as circumstances permit and subject to the provisions of this agreement. Section 3. Upon dissolution the remaining assets of the Commission, after payment of all obligations, shall be distributed among the then existing members in proportion to their contributions, as determined by the Commission, provided that cable communications programs, files or other materials prepared for members shall be available to them subject to such reasonable rules and regulations as the Commission shall determine. Section 4. In the event of dissolution, the following provisions shall govern the distribution of cable communications programs, files or other materials owned by the Commission: (a) All such material shall be an asset.of the Commission. (b) A member or former member may use (but may not authorize reuse by others) any materials developed during its membership upon (1) paying any unpaid sums due the Commission, (2) paying the costs of taking such materials, and (3) complying with reasonable rules and regulations of the Commission relating to the taking and use of such materials. Such rules and regulations may include a reasonable time within which such materials must be taken or returned by any I ' member or former member desiring to do so. XIII. DURATION This agreement shall continue in effect until the regular annual meeting of the Commission in June, 1979, and thereafter from year to year, or _10- 9 until termination in accordance with the terms of this agreement. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be signed and delivered on its behalf. EXECUTED as of 1979. CITY OF sy Its sy Its (SEAL) i -11- N 13 c DIV ti Minnesota a Department of Transportation District 5 2055 No. Lilac Drive OF Golden Valley, Minnesota 55422. August 30, 1979 (siz) 545.3761 i Mr. Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: S.P. 2748 -21 (T.H. 252) 65th Ave. N. to 77th Ave. N. in Brooklyn Center Dear Mr. Splinter: Y Due to the lack of funding availability, the above referenced project has been placed on an unscheduled status. If additional funds become available in the future, a program date may be established after new project priorities are set. The location study for this roadway also needs to be resolved before it can be scheduled. Sincerel Y W. M. Crawford, P. District Engineer cc: Sylvester Knapp, Brooklyn Center An Equal Opportunity Employer a NORTHWEST BRANCH YMCA OF METROPOLITAN MINNEAPOLIS 1980 BUDCET BROOKLYN CENTER - DETACHED WORK Expense Account Name - Items Sub Total Total Professional Salary 23,502 Associate Executive Imo = 1722 1722 Detached Worker 12 mo x 1000 12000 Clerical Services 12 mo x 815 9780 Health Insurance 1,056 Associate Executive Ministers Life 46 x lmo 46 Delta Dental 14 x 1 14 Detached Worker Nicollet -Eitel 18 x 12 mo 216 Delta Dental 5 x 12 mo 60 Clerical Services Ministers Life 46 x 12 mo 552 Delta Dental 14 x 12 mo 168 Retirement 2,429 Associate Executive 207 12% x 1722 Detached Worker 1440 12% x 12,000 Clerical Services 7.82 8% x 9780 Group Life 137 Associate Executive 10 20,500 x 1.5 t 1000 x .32 x 1 mo Detached Worker 69 12,000 x 1.5 t 1000 x .32 x 12 mo Clerical Services 58 10,000 x 1.5 t 1000 x .32 x 12 mo Social Security 1,441 Associate Executive 106 .0613 x 1722 Detached Worker 735 .0613 x 12,000 Clerical Services '600 .0613 x 9780 y Unemployment Compensation 220 Associate Executive 16 «O1 x 1580 Detached Worker 120 - «01 x 12,000 Clerical Services 84 .01 x 8400 (continued) Sub Total Total Workman's Compensation 524 Associate Executive 39 1580 t 100 x 2.50 Detached Worker 275 11,000 t 100 x..2.50 Clerical Services 210 8400 •: 100 x 2.50 Program Supplies 300 Promotion 150 Food 180 Associate Executive 60 60 x 1 mo Detached Worker 120 10 x 12 mo .Mileage .2 330 Associate Executive 50 50 x 10 mo Detached Worker 2280 190 x 12 mo Training 274 Associate Executive 34 22 17 x 2/ Detached Worker 240 12,000 x 2% Conventions Soo $33,043 a Amount requested for contract for service from Brooklyn Center for 1980 $14,000 A G R E E M E N T AGREEMENT made this first day of January, 1980, by and between the CITY OF BROOKLYN CENTER, a municipal corporation, of the State of Minnesota, first party, and YMCA OF METROPOLITAN MINNEAPOLIS, Minnesota, a duly organized non- profit corporation, second party. WHEREAS, second party has organized a Detached Worker Program for the northwest suburban area for the general purpose of assisting youth in finding and living a life style acceptable to themselves and the society in which they exist; and WHEREAS, first party, recognizing its commitment to its youth to help shape the development of its young citizens and that traditional youth programs, facilities and activities do not reach all of its youth, has pledged to contract with second party for the services of one (1) detached worker in accordance with second party's Detached Worker Program which will work in partnership with the Police Department to provide a unique, complimentary service to the youth of Brooklyn Center. NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the parties hereto mutually agree as follows: 1. First party will reimburse the second party at $14,000 for the year of 1980 and hereby contracts with second party for the services of one (1) Detached Worker for the year 1980 to be trained, paid and supervised by second party in accordance with its Detached Worker Program. .2. Second party hereby agrees to provide first party with one (1) qualified detached worker to perform substantially the following services for first party: a. Police referrals are the first priority of the Detached Worker. b. Meet with the juvenile officer monthly to share information and mutual concerns, police chief quarterly. c. Attend two police musters per month to exchange information, encourage referrals, and build relationships with street officers. d. Provide written follow -up and feedback on all police referrals on a quarterly basis with copies to Chief Lindsay. e. Concentrate on street work and maintain youth contact in identified hangouts. f. Maintain active counseling relationships with 35 youth. g. Maintain therapeutic relationships with 10 - 15 youth setting goals.f.or behavioral change with each individual. h. Set police referrals as a first priority. i. Provide support, modeling, and counseling for Brooklyn Center youth and their families in times of trouble. J. Provide 24 -hour crisis intervention to Brooklyn Center youth and their families, as well as assist police in the prevention and intervention of crisis- related situations. « k. Maintain cooperative relationships with all youth - serving agencies which may provide alternatives for police - referred youth. 1. Provide written quarterly reports of the Brooklyn Center Detached Worker Program to city administration, police department and other community agencies. 3. Second party agrees to indemnify and keep indemnified and defend, hold and save harmless first party from and against any and all actions or causes of action, claims, demands, loss, damage or expense which either party shall or may at any time sustain, precipitate or incur by reason of the conduct of said detached workers or other employees, agents and servants of second party acting within the scope of or in connection with said Detached Worker Program. 4. To assure first party of second party's performance of the obligations contained in paragraph 3, second party hereby further agrees to carry and keep in force liability insurance (including bodily injury and property damage coverage) in the minimum amount of Two Million Dollars ($2,000,000.00). Said insurance to be with a reliable insurance company licensed to do business in Minnesota. Second party shall furnish and file with first party the insurer's Certificate of Insurance indicating that second party has insurance coverage in force in the minimum amount aforesaid covering the period for which this agreement is to be performed. IN WITNESS WHEREOF, the parties hereto have caused these presents to ° be executed in their behalf by their proper officers thereunto duly authorized and their corporate seals to be affixed hereto the day and the year first above written. In the Presence of: CITY OF BROOKLYN CENTER By (Mayor) and (Manager) YMCA OF METROPOLITAN MINNEAPOLIS By ` and city of brookiyn park l 3 September 14, 1979 5 8 Mr. Sylvester P. Knapp, P.E. 0 Director of Public Works 8 City of Brooklyn Center 5 6301 Shingle Creek Parkway T Brooklyn Center, MN 55430 A RE: Temporary four -way stop signs. E N Dear Sy: 0 p B This letter will confirm our telephone conversation this date R regarding the above. Our City Council took the following action 0 at their meeting of September 10th: K Y MOTION DOW, SECOND MARSHALL, DIRECTING THE STAFF TO INSTALL N TEMPORARY FOUR -WAY STOPS AT 73RD AND HUMBOLDT AND 73RD AND NEWTON *A UNTIL CONSTRUCTION OF THE PROJECT IS COMPLETED ON HUMBOLDT AVENUE SUBJECT TO CONCURRENCE BY THE CITY OF BROOKLY14 CENTER. MOTION R K PASSED UNANIMOUSLY. M Our Council's action was prompted by their concern as to the N large number of vehicles travelling on Newton Avenue and the poor E visability of an equally large number of vehicles travelling on S Humboldt and attempting to access 73rd Avenue. This concern has T been greater now that the construction is occurring on Humboldt A Avenue. - 5 5 Actually, as you and I had discussed, it probably would be 4 appropriate to have permanent four -way stops installed at both 3 intersections. Our Council's feeling concerning that is that T they would prefer to wait for the traffic study procedure warrant - E ing four -way stops before they order the permanent installation. L E P We are working on the compilation of the data to make a recommend - 0 ation to the Council for the permanent installation with your con - E currence. 4 In the meantime, however, we would appreciate very much if your 5 Council would consider taking action with us for the installation 4 of the temporary signs at the earliest opportunity. Please advise - Thanks: Very truly ur , 11 M. son, P.E. irecto f Public Works NMJ/ cp CITY" OF 6301 SHINGLE CREEK PARKWAY j YN BROOKLYN CENTER, MINNESOTA 55430 RV O TELEPHONE 561 -5440 C ENT ER EMERGENCY- POLICE -FIRE 561-5720 whi TO: Gerald G. Splinter, City Manager FROM: Sy APP, Director of Public Works DATE: September 19, 1979 RE: Brooklyn Park Request for Temporary 4-Way Stop Signs on 73rd Avenue at Humboldt Avenue and at Newton Avenue T Attached hereto is a copy of a letter from Neil Johnson, Director of Public Works at Brooklyn Park, in which he requests us to concur in action taken by the Brooklyn Park City Council, i.e., to establish temporary 4 -way stops at 73rd and Humboldt and at 73rd and Newton during the time Brooklyn Park's portion of Humboldt Avenue is under construction. Please be advised t1,at i recomrkerci approval of ties action. Also, the matter af, permanent signing at these intersections should be reviewed. Our office will cooperate with Brooklyn Park and plan to subm-it our recommendations at a later date. Respectfully submitted, Sy Knap , Dir for of Public Wor s I concur in the above recommendation: im `Lindsay, Chief of Police cb Attachment , i " ?lrt Souctf:cKg �l o�tc C� H Licenses to be approved b the City Council on September 24, 1979 P Y Y ITINERANT FOOD ESTABLISHMENT LICENSE" -� Nikki Sevig 5646 Girard Ave. No. (Jaycee Bazaar) ��(( Fabian Seafood Company Galveston, TX �;[ZU�Q�i (6245 Brooklyn Blvd.) Sanitarian RENTAL DWELLING LICENSE Initial: Duane L. Christiansen 5400 Sailor Lane 4d Renewal: Helene Ebhardt 5637,39 Girard Ave. No. • ((- (.�/G°/� �-� Raymond & Arlene Breffle 5324,28 Russell Ave. No Q Q�cht 1 Lucille M. Irwin 5400,02 Russell Ave. No. a . rl1C(t12 Gt J Director of Planning and Inspection SIGNHANGER'S LICENSE a6 Attracta Sign Company 6417 Penn Ave. So. Building Official 1