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HomeMy WebLinkAbout1978 10-30 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center October 30, 1978 7;00 p.m. 1. Call to Order 2. Roll Call 3 . Invocation 4. Approval of Minutes - October 16, 1978 S. Open Forum 6. Approval of Election judges for 'the General Election -List includes replacement and additional judges added -to those judges already approved for - the primary election. 7. x esolutions• a. Authorizing Purchase of 744 Linear Feet of 14" Window Stool -It is recommended that the quotation of Peabody Enterprises in the amount of $2,976 be accepted. The mateelai will be used k to replace cement cap blocks on the window ledges. b. To Transfer Funds from the Federal Revenue Sharing Fund Budget to the General Fund -It is recommended the amount of $70,779.34 be transferred from 'the Federal Revenue Sharing Fund Budget to the General Fund. These appropriations were previously approved by the City Council. C. Authorizing the Issuance of Temporary Improvement Note: -In 'the amount of $36,000. d. Accepting Bids and Approving Contract Form for Utility Contract No. 1978 -5 Bids are scheduled - to be .opened at 11:00 a.m. on Monday, October 30 1978. The contract contains Water Main Improvement Projects 'No. 1978 --31 and 40A, and Storm Sewer Improvement Projects No. 1978 -32 and 35 Project 1978 -40A is for lowering the water main for - the Shingle Creek Relocation Project ?PTO. 1978-4,), while the re- maining utility projects are in Unity Avenue North fox "The Ponds" development. CITY COUNCIL AGENDA -2- October 30, 1978 f e. Authorizing Purchase of 16" Ductile Iron Pipe for Water Main Improvement Project No. 1978 -40A -It is recommended - the quo'ta'tion of Griffin Pipe Products be accepted for 'the 16" ductile iron pipe necessary for lowering the water main for Shingle Creek Relocation Project No. 1978 -40. f. Authorizing Purchase of Fittings for Water Main Improvement Project No. 1978 -40A -It is recommended the quotation of Davies Water Equipment Company be accepted for the cast iron fittings necessary for lowering of - the water main for the Shingle Creek Relocation Project No. 1978-40. g. Accepting Work for Curb and Gutter Improvement Project No. 1978 -2 Halvorson Construction Company has satisfactorily completed the work under Contract 1978 -M for - the above project located along 70th Avenue North between T. H. 152 and Kyle Avenue North. h. _Accepting Work for Curb & Gutter Improvement Project No. 1978 -28, - Halvorson Construction Company has satisfactorily completed the work under Contract 1978 -N for - the above project located on James Circle from Freeway Boulevard to the south. f i. Authorizing - the Purchase of Aerial Survey Work for - the 53rd Avenue Street Upgrading Improvement Projects 1978 -38 and 39 [ - Quotations have been solicited for aerial survey work for 53rd Avenue North between 4th Street and Penn Avenue North. The work would consist of aerial photography and supplying reproducible plan and profile sheets with the topography shown on 'the plans in - the form of aerial photos. The format is expected to save a considerable amount of field survey and drafting work. 8. Planning Commission Items (8 :00 p.m.) a. Application No. 78060 submitted by Brookdale Ford for site and building . plan approval for an office addition, service garage addition, and body shop at Brookdale ford, 2500 County Road 10. The application was recur mended for approval at the October 5, 1978 Planning Commission meeting. The application was deferred at - the City Council meeting of October 16, 1978 until staff could review the status of site improvements. 9. Discussion Items: a. Renewal of Rental Dwelling License for Mr. Bennie Rozrr_an for Brookdale Ten Apartment Complex - License was temporarily extended through August 1978. Renewal of hconse was discussed at the City Council meeting of September 25, 1978. At •tile request of 'the Council., Mr. Rozman has been invited - to attend 'the City Council meeting and ex..plain his priorities in fixing up the property, and a schedule and timetable of repairs. CITY COUNCIL AGENDA -3 October 30, 1973 b. Proposed Charter Commission Amendments c. Community Development Block Grant Citizens' Participation Plan -The Citizens' Participation Plan is recommended for your approval. d. Review of Status of Comprehensive Plan -The Director of Planning and Inspection will review the progress of -the Comprehensive Plan and the process for citizen input in the Comprehensive Plan. e Recommendation for Proposed Legislation for the Hennepin County - Delegation Meeting for Municipalities to be held November 13, 1978. f . Status of -the Minnesota Department of Transportation Noise Variance . Request from the Minnesota Pollution Control Agency -The Director of Public Works will be prepared - to discuss 'the status of - the noise variance with respect to recent information received from MN /DOT indicating the MPCA and MN /DOT are currently working 'together on -the noise variance request. I't appears -the raising of the noise walls may not be necessary for meeting - the MPCA noise standards. I I g. Review of Minnesota Department of Transportation Plan - During the past year the Minnesota Department of Transportation has been preparing a MN /DOT plan regarding a comprehensive 'transportation plan for the State, of Minnesota. The Director of Public Works will be prepared to review portions of - the plan that apply to the City of Brooklyn Center. h. Issuance of a 3.2 ai -sale Liquor License for 'the Chuck Wagon Restaurant, 5720 Morgan Avenue North Due to a Change of Ownership. 10. Licenses 11. Adjournment } We the residents and property owners in the city of Brooklyn Center for the safety and welfare of our children and ourselves request the following: STOP SIGNS installed on Logan ave in a north and south direction ..at these locations: Intersection of 56th&Logan, 55th&Lo ® �� Thank You, A. h- �� dot �-- �'- 17v (. !�o o f C S iT j,J X5 i'7. 0 �{z Z 5 16 7& i z October 13, 1978' %F '$ City Brooklyn Center C/0 J. Merila cc: Bill Fignar u Mr. J. Merila We the residents of West Palmer Lake Drive from 69th to Violet Ave. ` respectfully request that a stop sign be installed at the corner of West Palmer Lake Drive and Urban Ave. We believe that the installation of the signs will have the following benefits: ' .Significantly reduce the occurrence of vehicles speeding in our area (noticed by residents vs traffic studies). .Significantly reduces the occurrence of vehicles missing the curve at Urban Ave. and West Palmer Lake Drive and destroying yards /trees and fire hydrants. We request the stop sign because of the following characteristics of this area* The residents have noticed an increased amount of excessive speeding in the past few years. .West Palmer Lake Drive is a major walkway for students at Palmer Lake Elementary School. The corner of West Palmer Lake Drive and Urban is a loading /unloading stop for school busing to secondary and high school in Brooklyn Park. .Increase use of West Palmer Lake Park for sport programs (baseball, soccer, tennis). .Increase in small children in this area during the past 6 -10 years. Based upon h p the above Information, we the residents of West Palmer Lake Drive feel it is imperative that the stop sign be installed. F Name Address Iv JJ . f r t 7 ._. g r� ' ��::? � . ` L.- L "!'s, 4` �Y �C. r� Jr ^ � J• r" L' , �L � °('.'��.:� _����/ GL.�/'�<C'�i'j�°J 1 az- nno Di FR. Mi E C COr�gre�� Ot a iteb tKtV DISTRICT HRIBTENSEN OFFICES: THIRD DISTRICT, MINNESOTA 14AYBETH C {�( Q� }} fin" 180 FEDERAL BUILDING WASHINGTON OFFICE: boot of Repressentatiba ` MINNEAPOLI6 55401 1028 LCNGWoRTH Bt/LDINO yy�� S .C. 12- 725_2178 202- 225 -2871 a4ington, O 20515 IRIS SAUNDERSON 9801 PARK CENTER BOULEVARD STAFF DIRECTOR ST. Laws PARK 55418 RICHARD D. WILLOW 812- 925 -4540 October 20, 1978 TO: Persons _'interested in the Bassett Creek Project SUBJECT: Bassett Creek Appropriation Due to the great concern over the veto of the Water Projects bill by President Carter, I'm sending you this communication to inform you that the funds for the Bassett Creek Project have been restored. The $200,000 for flood control of the Bassett Creek area were included in the Continuing Resolution which was passed by both Houses. This bill was signed into law by the President on October 18, 1978. Hence, the planning money for this important project has been approved and the project has been given the go- ahead. Best regards, Bill Frenzel Member of Congress BF:mm THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS MEMORANDUM TO: Gerald Splinter, City Manager FROM: Arnie Mavis, Superintendent of Parks DATE: October 30, 1978 SUBJECT: Lifeguard Platform for Northview School The City has received a request from the Osseo School District to contribute $450 or one half of the cost of a lifeguard platform for Northview School There is a Minnesota State Board of Health regulation (MHD 115) which re -_ quires pools of a certain size to be equipped with a lifeguard platform. The pool at Northview School is required to have a lifeguard platform. Presently, the City of Brooklyn Center Park and Recreation Department has the complete use of the Northview pool after 5:00 p.m. every day and all week- end, at no cost to the City. For this reason, it is recommended the City c.GR.U= tri�450, one half of the cost of a lifeguard platform, to Northview School. N PROCEEDINGS H CITY MINUTES OF THE PROGEEDI SOFT E COUNCIL C C OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 16, 1978 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 :04 p.m, ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren., Superintendent of Enctineerincr James Noska, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered by Mayor Dean Nyquist. APPROVAL OF MINUTES - SEPTEMBER 25, 1978 & SEPTEMBER 27, 1978 Motion by Councilmember Scott and seconded by . Councilmember Fignar to approve the minutes of the City Council meeting of September 25, 1978 as submitted. Councilmember Lhotka asked that the minutes of September 25, 1978 show he abstained from voting for approval of the September 11., 1978 minutes because he was not present at the September 11, 1978 meeting. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. There was a motion by Councilinember Scott. and seconded by Mayor Nyquist to approve the minutes of the Special Session of _September 27, 1978 as submitted. Voting- in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. The motion passed. Councilmember Fignar abstained from voting as he was not present for the September 27, 1978 meeting. OP FORUM Mayor Nyquist opened the meeting for the purpose of the Open Forum noting no one had requested to speak at the Open Forum prior to the evening's meeting. 10-16 -78 -1- Th e Mayor recognized Dolores s of 5813 Aldrich - Avenue _North. Dolores a o t Y reco ed g olore Hastings Hastings noted she was presenting a resolution for ti-r 5 Council's consideration on behalf of the League of Women Voters. Dolores Hastings explained she was presenting the resolution to the Council because the President of the League of Women Voters, Eileen Oslund, was ill. She explained the League of Women Voters was requesting that the Council designate the month of October 16 through November 13 as "League of Women Voters. Month". Additionally, Dolores Hastings called the Council's attention to various other League sponsored activities. RESOLUTION NO. 78 -223 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DECLARING THE MONTH OF OCTOBER 16 THROUGH NOVEMBER 13 AS "LEAGUE OF WOMEN VOTERS MONTH" 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. Councilmember Lhotka stated he had received a call from Mr. Rich Armstrong of 56th and Logan. Councilmember Lhotka noted Mr. Armstrong was unable to attend the Council meeting to express his views at the Open Forum but was concerned with excessive traffic and speeding on Logan Avenue in the area of _ 56th. Mr. Armstrong requested the City consider installing stop signs at 55th and 56th. The City Manager noted staff would conduct a traffic 'survey in the area. Based . on the results of the survey, staff would be able to determine whether stop signs should be installed and whether additional enforcement efforts were needed in the area. The City Manager further expressed concern about a seeming disregard for stop signs amongst drivers in Brooklyn Center. The Mayor noted there were three students from Robbinsdale attending the Council meeting to observe business conducted in the City of Brooklyn Center. 10 -16 -78 -2 Yq Mayor Nyquist inquired if. anyone else wished to be recognized for the Open Y Forum; there being none, the Open Forum was closed. RELEASE PERFORMANCE BOND The City Manacrer recommended the release of a $7,000 performance bond as submitted by Tire City, Inc ; for the property located at 6 810 Brooklyn Boulevard. The project which this bond supports no longer exists and any new approved site improvements would be covered by a bond submitted by the current developer. The bond in consideration was part of approval of Application No. 75042. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to release a $7, 000 performance bond as submitted by Tire City, Inc. for the property located at 6810 Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. FINAL PLAT APPROVALS Final plat approval was recommended. for Twin Lake Woods 3rd Addition sub - mitted by Robert Putnam for property lying on the south side of 52nd Avenue North, easterly of Lakeside Place. The City Council approved the preliminary • ` plat on February 27, 1978 under Application No. 78003 There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the final plat approval for Twin Lake Woods 3rd Addition submitted by Robert Putnam for property lying'on the south side of 52nd Avenue North, easterly of Lakeside Place. Voting in favor: Mayor Nyquist, Council- members Fignar, Lhotka, and Scott. Voting against: none The motion passed unanimously. Final plat approval was recommended for Shingle Creek Manor submitted by Real Estate 10 for property lying easterly of Brooklyn Boulevard between Wingard Lane and the north corporate limits. The City Council approved the preliminary plat on September 11, 1978 under Application No. 78015. The Director of Public Works explained there were three lots in addition to the Real Estate 10 property in this final plat approval. The plat effectuates a new common boundary line south of Shingle Creek and will alleviate future boundary line problems. 10 -16 -78 -3 �I There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve final plat approval for Shingle Creek Manor submitted by Real Estate 10 for property lying easterly of Brooklyn Boulevard between Winqard Lane and the north corporate limits . Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The . motion passed unanimously. Final plat approval was recommended for the Registered Land Survey submitted by Michlitsch Builders for property lying on the west side of Humboldt Avenue, southerly of 67th Avenue North. The City Council approved the preliminary plat on July 24, 1978 under Application No. 78040. The Director of Public Works explained the meets and bounds description had been translated into Tract A of the RLS. In response to questions from the Council, the Director of Public Works noted this property is located in the Brooklyn Center School District. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to recommend final plat approval for the Registered Land Survey sub - mitted by Michlitsch Builders for property lying on the west side of - Humboldt Avenue, southerly of 67th Avenue North. Voting in favor: Mayor Nyquist,, Councilmembers Fignar, Lhotka, and - Scott. Voting against: none. The motion passed unanimously. Final plat approval was recommended for the Registered .Land Survey, submitted by Brooklyn Center Industrial Park for property at 6100 Summit Drive on which the Summit State Bank is located. The City Council approved the preliminary plat on May 8, 1978 under Application No. 78019. The Director of Public Works noted this land contains two parcels, Parcel A and Parcel B. Parcel B contains the Summit State Bank and .Parcel A is a remnant of old Tract B of the RLS o The Director of Public Works also explained approval for the fina plat will ;bring in the delinquent taxes on the property. In response to questions from the Council, the Director of Public Works stated the payment of the delinquent taxes was a County requirement. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to recommend final plat approval for the Registered Land Survey submitted by Brooklyn Center Industrial Park for property at 6100 Summit Drive on which the Summit State Bank is located. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously, RESIGNATION OF COMMISSIONER BOOK Commissioner Book has resigned from the Planning Commission effective December 31, 1978. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to acknowledge the - resignation of Com missioner Book effective December 31, 1978. Voting in favor:. Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 10 -16 -78 -4- DESIGNATION OF BIBLE WEEK The City Manager called the Council's attention to a letter which had been received from Mayor Shaw, of the City of Fort Lauderdale, Florida, requesting the City to proclaim the of November 19 through November 26 as Bible Week. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to designate the week of November 19 through November 26 as Bible Week, Voting in favor: Mayor Nyquist, Councilmemhers Fignar, Lhotka, and Scotto Voting against: none, The motion passed unanimously. The City Manager requested the resolution for Contract 1978 -P be deferred until the October 30,° 1978 City Council meeting, The City Manager recommended a resolution amending Storm Sewer Project No. 1978 -32. The developer has requested a change in a location of the proposed storm. sewer line in the above project for the Ponds. The relocation effectuates approximately a $5,000 - $6,000 savings in the proposed con- struction cost. The benefiting and assessable areas do not change as a result of the amended resolution. RESOLUTION NO, 78 -224 Member Gene Lhotka introduced the following resolution and moved its adoption: • RESOLUTION AMENDING STORM SEWER PROJECT NO. 1978 -32 AND RESOLUTIONS NO. 78 -177 AND 78-205 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 recommended a resolution authorizing the Mayor and the. City Manager to enter n Y g e into a traffic signal agreement with the Minnesota Department of Transportation, The work comprehends installing new traffic signals at 55th Avenue North and revising the controller at 71 st Avenue North. 72% of the total cost of the project is being funded by federal aid funds with the remaining 38% being split between the City and the Department of Trans- portation. The City's share for the above project is $15,981.41. The resolution also appropriates this amount from State Aid Construction Account No. 2611. The Director of Public Works explained the existing signals were installed in the 1960's and were of an older type. It is necessary to install the new traffic signals at 55th Avenue in order to synchronize the 55th Avenue signals with those at 58th, 63rd, and 69th. The installation of the new signals will insure a smoother flow of traffic. In response to questions from the Council, the Director of Public Works explained presently the controllers in the signals are not compatible with the controllers on 58th and, furthermore, the present 10 -16 -78 -5- signals at 55th do not provide as clear a visibility as the new type of signals. He further noted the new signals contain a small computer within the controller and, therefore, would be better able to deal with traffic generated by Brookdale because of the ability to operate with variable timing. Responding to questions from Councilmember Fignar, the Director of Public Works noted the total cost of the signals at 55th Avenue is approximately $80,000 of which the City's share is $15,981.41, RESOLUTION NO. 78 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA TRANSPORTATION DEPARTMENT AGREEMENT NO 59271 REGARDING IMPROVEMENT OF TRAFFIC CONTROL SIGNALS ON T.H. 152 AT 55TH AVENUE NORTH AND 71ST AVENUE NORTH' The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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 recommended the resolution authorizing the Mayor and the City Manager to execute an agreement with the City of Brooklyn Park relative to providing utility service to Brooklyn Center property owners along Brooklyn Boulevard northerly of Shingle Creek. The agreement will permit the Real Estate 10 development and proposed development on the west side - of Brooklyn Boulevard to connect to the Brooklyn Park sanitary sewer and water main system, The Director of Public Works explained the utility service would be provided through Brooklyn Park. Brooklyn Center presently has utilities in the area of Wingard Lane but an economic analysis of the situation shows the utilities for the property in question could be more efficiently handled by Brooklyn Park. Councilmember Kuefler arrived at 7 :35 p.m. The Director of Public Works further noted that many Brooklyn Park residents presently tie into Brooklyn Center's utility service. RESOLUTION NO, 78 -226 Member Gene. Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF BROOKLYN PARK RELATIVE TO PROVIDING UTILITY SERVICE TO BROOKLYN CENTER PROPERTY OWNERS ALONG BROOKLYN BOULEVARD NORTHERLY OF SHINGLE CREEK The motion for the adoption of the foregoing resolution was duly seconded by member- Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 10 -16 -78 -6- The City Manager recommended a resolution directing readvertisement forbids for the salt storage building. The Director of Public Works stated plans and specifications for the project had not been ready soon enough to give the contractors enough time to draw up the detailed structural plans necessary for the project so a readvertisement for bids was necessary. The Director of Public Works explained it had been the 'intent' of the City to lay the foundation for the salt storage building in the fall but it was determined there were 12 to 14 feet of poor soil conditions in the area which necessitates putting sand in the area. This additional work will necessitate delaying laying the foundation until the spring although the original intent was to lay the founda- tion in the fall. Bids will be opened in the fall but materials-will not be ava -il- able until 90 days after the bid is accepted and would, therefore, be• available the end of January or the beginning of February. RESOLUTION NO. 78 -227 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DIRECTING READVERTISEMENT FOR BIDS FOR SALT STORAGE BUILDING PROJECT NO 1978 -43 (CONTRACT 1978 -R) 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 f favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted The City Manager recommended a resolution authorizing the purchase of 14,000 square feet of 1-1/2" FR styrofoam delivered -It is recommended the quotation of Insulation Sales Company in the amount of 39� per square foot or $5,460 be accepted for the styrofoam for the insulation of City Hall. RESOLUTION NO. 78 -228 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 14,000 SQUARE FEET OF 1 -1/2" FR STYROFOAM DELIVERED The motion for the adoption of the foregoing. resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager recommended a resolution amending the 1978 General Fund Budget to assign an administrative car to the Police Department. The City Manager noted although the City Council did approve an appropriation of $150 per month for use of personal auto by the City Manager for the year 1979, there-is an immediate need in the Police Department for one additional squad car due to personnel changes. Amending the 1978 General Fund Budget to assign car #46 to the Police Department by transferring $375 from the Contin- 10 -16 -78 -7- gency Appropriation to the City Manager's use of personal auto appropriation is recommended, RESOLUTION NO. 78 -229 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO ASSIGN AN ADMINISTRATIVE CAR TO THE POLICE DEPARTMENT 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 Fiqnar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. JOINT POWERS COMMISSION FOR SHINGLE CREEK DRAINAGE BASIN The City Manager called the Council's attention to a letter which had been received from the Mayor of Plymouth concerning the establishment of a Joint Powers Commission for the Shingle Creek Drainage Basin, The letter suggested a consideration of the establishment of a Joint Powers Commission for the Shingle Creek Drainage Basin rather than the establishment of a water shed district which would be handled through the Count If a water g a to shed district is established, the County Commissioners appoint three members to the district thus, all communities do not have representation. The City Manager noted the arrangement of a Joint Powers Agreement might be more effective because each of the communities is represented... The meeting is scheduled for Thursday, November 'S, 1978 at 7:30 p.m. in the Brooklyn Center City Hall Council Chambers. The Director of Public Works noted during the years of 1973 and 1974 a study of Shingle Creek management was made by Barr Associates, Surrounding communities were involved in the study and at that time there was some talk of a water shed district, The Director of Public Works noted there would be merit to pursuing voluntary cooperation of the affected communities rather than a water shed district. Council members indicated an interest in attending the meeting. The. City Manager noted there would be staff representation at the meeting, DISCUSSION OF THE HENNEPIN COUNTY DELEGATION MEETING FOR MUNICIPALITIES The City Manager called the Council's attention to a memorandum from Senator Humphrey III, concerning the Hennepin County Delegation Meeting for munici- palities to be held on November 13, 1978 in the St. Louis Park Community Room. Hennepin County Municipality Mayors and City Council members are _invited to present any legislative proposals or comments to the Senate Hennepin County Delegation at that time The City Manager noted the. Council had expressed an interest in pursuing legislative proposals in the area of HRA, binding arbitration, the sewer rate, and self - insurance, The City Manager noted he would prepare a recommendation on the above mentioned areas of concern for the Council's review at the meeting of October 30, 1978. 10 -16 -78 -8- ORDINANCES The City Manager introduced an ordinance amending Chapter 35 regarding carports and canopies. The ordinance is a second reading and is recommended for the purpose of defining carports and canopies. ORDINANCE NO. 78 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO CANOPIES AND CARPORTS The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 8 of the Health and Sanitation Ordinance. The ordinance is a second reading and is recom- mended for the purpose of revising Health and Sanitation Ordinance No. 8- 108.01. ORDINANCE NO. 78 -II Member Bill Fignar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY ORDINANCE RELATIVE TO HEALTH AND SANITATION The.motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: Gene Lhotka, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 15 and 35 of the City Ordinances relative to outlots. The ordinance is a first reading and is recommended for the purpose of clarifying a previous interpretation of the ordinance. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to offer for first reading the amending of Chapter 15 and 35 of the City' Ordinances relative to outlots. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously, The City Manager recommended an ordinance vacating turn- around easements on Lots 2 and 3 of Block 1, and Lots 1 and 2 of Block 2, Gregor's Addition. In 1962 when Gregor's Addition was platted, turn- around easements were indicated on the plat on the above described lots because _69 -1/2 Avenue was a dead end westerly of Logan Avenue North, Now that 09 -1/2 Avenue North (currently named Irving Lane) has been extended to Irving Avenue Northl the turn - around easements are no longer needed. One of the property owners 10 -16 -78 -9- has requested the easement be removed from the property owner's deed. This only can be accomplished by an ordinance vacation action for the above referred easements. The ordinance is presented for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading the ordinance vacating turn - around easements on Lots 2 and 3 of Block 1 and Lots 1 and 2 of Block 2, Gregor's Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, - Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PUBLIC HEA ON IMPROVEMENT PR OJECTS The Mayor noted public hearings were scheduled for 8:00 p.m. on certain improvement projects. The Mayor announced the meeting was open for a public hearing for the consideration of the proposed Water Main Improvement Project- No. 1978 -4. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. The Mayor recog- nized Mr. R. L. Johnson,, Mr. Johnson asked fora recap of the new cost figures for the improvement project as compared fo the cost figures of two months ago. The Director of Public Works reviewed the cost figures. Mr. Johnson also asked for a clarification of requirements for hooking up water service and the sanitary sewer, The Director of Public Works replied there was no requirement that water service be hooked up but there was a require- ment the sanitary sewer be hooked up. The sanitary sewer requirement is mandated by both the Metropolitan Waste Commission and by City Ordinance. The sanitary sewer must be hooked up within one year of completion of the sanitary sewer line. The Director of Public Works noted a letter had been received from the owners of Real Estate 10 acknowledging and accepting the project cost. There was no one else to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978 -4. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. - The Mayor announced the meeting was open for purposes of a public hearing on Sanitary Sewer Improvement Project No. 1978 -5 located 'in the area of Wingard Lane and Brooklyn Boulevard. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka- to close the public hearinq on Project No. 1978 -5 Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Mayor announced the meeting was open for the .purposes of a public hearing for the consideration of the proposed Water Main Improvement Project No. 1978 -31 located at the Ponds. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by 1 - - -10- Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978 -31. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: 'none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of the proposed Storm Sewer Improvement Project No. 1978 -32 located at the Ponds. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978 -32 Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of the proposed Street Grading, Base & Surfacing Project No. 1978 -33 located at the Ponds The Mayor called upon all property owners present to present arguments either for or against the proposed improve- ment. There was no one to speak at the public, hearing. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to close the public hearing on Project. No. 1978 -33. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Mayor announced the meeting was open for the purspoes of a public .hearing for the consideration of proposed Curb and Gutter Improvement Project No. 1978 -34. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. 'There was a motion by Councilmember Lhotka and seconded by Council - member Fignar to close the public hearing on Project No. 1978 -34. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of proposed Storm Sewer Improvement Project No. 1978 -35. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Kuefler and seconded by Council- member to close the public hearing on Project No. 1978 -35. Voting in favor: -Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of proposed Street Grading, Base & Surfacing Project No. 1978 -36. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Project No. 1978 -36. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. 10-16-78 -11- The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of proposed Curb and Gutter Improvement Project No. - 1978 -37. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the - public hearing on Project No. 1978 -37. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. RESOLUTION NO. 78 -23 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION ORDERING WA'T'ER MAIN IMPROVEMENT PROJECT NO. 1978 -4 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 78 -231 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO.. 1978 -5 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka and Celia Scott; and the following voted against the same: none, . whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -232 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO, 1978 -31 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESO NO. 78 -233 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ORDERING STORM SEWER IMPROVEMENT PROJECT NO. 1978 -32 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 10 -16 -78 -12- resolution was declared duly passed and adopted. RESOLUTION NO, 78 -234 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING STREET GRADING , BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -33 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO 78 -235 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING CURB & GUTTER IMPROVEMENT PROJECT NO. 1978 -34 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -236 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ORDERING STORM SEWER IMPROVEMENT PROJECT NO. 1978 -35 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, .and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly, passed and adopted. RESOLUTION NO, 78 -237 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ORDERING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -36 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed *and adopted. RESOLUTION NO. 78 -238 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING CURB & GUTTER IMPROVEMENT PROJECT NO. 1978 -37 14 -16 -78 -13- f The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following] voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution regarding. contract form for Utility Contract 1978 -0. Bids were scheduled to be opened on Wednesday, October 11, 1978 at 11 :00 a.m. The contract contains utility projects as well as the lowering of the water main for the Shingle Creek Relocation Project No. 1978 -40. (Phase I of Central Park Development Program) The Director of Public Works noted there had been problems with acceptance of the bids After the bids had been accepted, the Director of Public Works received a 'call from the low bidder who stated he had made an error in pre- senting the bid. The error was a $16,000 error which comprehended the cost for dewatering. The Director of Public Works asked the contractor to bring in the work cost sheets in order to verify the bid had in fact been an honest error. The Director of Public Works indicated it was his feeling the contractor had made an honest error. A brief discussion ensued relative to whether or not the contractor could be forced to do the work for their original bid amount. The City Attorney stated it would not be in the City's best interest to force the contractor to do the work for the bid as originally stated because it was likely this would result in 'a poor project. The Director of Public Works recommended acceptance of the bid for Projects No. 1 -978 -4 and 1978 -5 which contained a very small amount of cost for dewatering. The Director of Public Works recommended rejecting the bid on Projects 1978 -31, 1978 -32, 1978 -35, and 1978 -40 and opening new bids on those projects on October 30, 1978. RESOLUTION NO. 78 -239 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (UTILITY CONTRACT 1978 -0) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager recommended the resolution approving plans and specifications for Utility Contract 1978 -S and directing advertisement for bids. Bids are scheduled to be opened on Monday, October 30, 1978 at 11 :00 a.m. RESOLUTION NO. 78 -240 Member Celia Scott introduced the following resolution and moved: its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECT NOS. 1978 -31 AND 1978 -40A; AND STORM SEWER 10 -16 =78 -14- IMPROVEMENT PROJECT NOS. 1978 -32 AND 1978 -35, AND DIRECTING ADVERTISEMENT FOR BIDS (UTILITY CONTRACT 1978-S) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fianar, 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. PLANNING COMMISSION ITEMS The City Manager noted it had been requested to defer Application No. 78062 submitted by Oasis Development Corporation until the Planning Commission had a chance to again review the application due to substantial changes. The application will be considered at the November 2, 1978 Planning Commission meeting. .The City Manager introduced Planning Commission Application No. 78059 submitted by Robert Fosdick.for site and building plan approval for the conversion of an abandoned filling station for an eat -in and carry --out restaurant at 5001 Drew Avenue North. The application was recommended for approval at the September 14, 1978 Planning Commission meeting. The application was considered at the September 25, 1978 City Council meeting and was deferred in order to give the applicant a chance to discuss the proposal with the neigh- bors. The Director of Planning and Inspection again reviewed the application. He stated the ordinance required a 35 foot greentrip and opaque screening when a C -2 abuts R--1 property and that the homeowner directly to the north of the site at 5013 Drew Avenue North presently has a six foot high opaque fence which provides screening from the C.2 site. He also stated there is an existing six foot stockade fence apparently erected to screen the service station from the residential property. He continued that the applicant proposed to relocate the stockade fence to provide screening for the trash .receptacle and some of the parking spaces. The Director of Planning and Inspection called the Council's attention to Pollution Control Agency's APC 9 which controls odors in ambient air. The Director of Planning and Inspection also reviewed a memorandum from the City Sanitarian concerning the application. The Director of Planning and Inspection noted it was the recommendation of the City Sanitarian that for purposes of protection of the neighborhood several additional conditions should be added for approval of the application. Mayor Nyquist questioned one of the conditions of approval as suggested by the City Sanitarian which stipulated "The process used shall be reviewed by a competent air pollution control engineering consultant and certified by him as to conformity with the regulations. " Mayor Nyquist questioned how a determination was made .as to who qualifies as a "competent air pollution control engineering consultant ". The applicant's architect, Mr. Phillip Johnson, briefly reviewed the operation stating that the barbecue operation as proposed by Mr. Fosdick was different that the barbecue operation being used at Rudolph's Barbecue in Minneapolis. Mr. Heenan, in his memo, had mentioned there is a problem around Rudolph's created in part by the liquid smoke used by the restaurant. The applicant's representative explained he had met with Mr. Pyle of 5013 Drew Avenue North and other concerned neighbors at 7 :00 p.m. on Tuesday, October 10, 1978 10 -16 -78 -15- at the site of the project to present the project to the neighborhood. The applicant discussed the neighbors concerns with the restaurant at that time. The Mayor expressed concern over the hours of operation, The Director of Planning and Inspection noted the City Ordinance does not limit the hours • of operation. The applicant's representative explained hours of operation had been discussed but the hours had not been finalized. The actual hours of operation will be dependent on the market. The applicant's representative stated it is anticipated the restaurant would remain open until 9:00 p.m. on weekdays and approximately 1 :00 to 2:00 a.m. on weekends Councilmember Fignar noted a concern with the late hours of operation and also with the type of lighting that would be used in the area surrounding the restaurant. The applicant noted he would work with City staff in order to meet the requirements of the ordinance concerning the type of lighting.; He also noted the opaque fence would screen, headlights from the residential area. Councilmember Lhotka expressed concern over the exterior decor of the building, noting the neighborhood people had requested remodeling the building so that it no longer looks like a filling station. The applicant explained there was a plan for limited exterior remodeling to include diagonal siding and canopies. Councilmember Lhotka also expressed concern over the additional traffic in the area. He noted much of the traffic would come off Highway 100 to SOth Avenue but some traffic would come in through the residential sections. The Director of Planning and Inspection explained since the area was. zoned C-2 there would be some influx of nonresidential traffic regardless of what type of use existed in the area. There was a motion by Councilmember Fignar and seconded by - Councilmember Lhotka to approve Planning Commission Application No, 78059 submitted by Robert Fosdick for site and building plan approval for the conversion of an abandoned filling station for an eat -in and'carry -out restaurant at 5001 Drew Avenue North with the following conditions of approval: 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. Site, grading, drainage, landscaping and berming plans are subject review and approval by the City Engineer prior to the issuance of permits. 3. Existing underground fuel storage tanks shall be removed as directed by -,the -Building Official., 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements., 10 -16 -78 -16- 5. The owner /operator shall be required to operate in strict conformity with the Minnesota Pollution Control Agency Standards related to odors and air pollution. 6. The process shall be reviewed by a competent air pollution control engineering consultant and certified by him as to conformity with the regulations. 7. The process shall be defined in writing (type of fuel, equipment and cooking sauces) with no changes permitted without prior written approval. In discussion of the motion, the Council noted it was their preference to have a full width of fence on the northern boundary. The Mayor stated a public hearing was not required on the application but recognized a citizen from the audience. The citizen requested the City to consider blocking off Drew Avenue. The City Manager stated a traffic problem was not unique to Drew Avenue or Ewing Avenue. He explained it would be feasible for the City to block off Drew Avenue but traffic would then be redirected to other areas, potentially causing problems in other locations. The City Manager explained it would be important to take a comprehensive look at the entire area before blocking off Drew Avenue. The City Manager also stated the blocking off of Drew Avenue would reduce ready access to other areas. The City Manager noted France Avenue is a municipal state aid street. If Drew Avenue was blocked there would be a significant impact on France Avenue where occasionally there already exists a traffic ° problem. Additionally, the City Manager explained maintenance costs would be increased due to the need for different snow plowing equipment on cul-de- sac streets. The Council expressed an interest in pursuing the possibility of blocking off Drew Avenue. The City Manager stated staff would make an analysis of the entire area and present the information to the Council. In vote on the motion, the following voted in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Planning Commission Application No. ,78060 submitted by B,00kdale Ford for site and building plan approval for an office addition, service garage addition, and body shop addition at Brookdale Ford, 2590 County Road 10. The application was recommended for approval at the October 5, 1978 Planning Commission meeting. The Director of Planning and Inspection reviewed a transparency of the area and stated the applicant proposed an approximate 25 foot by 47 foot office addition, a 42 foot by 175 foot addition to the service garage on the north side of the existing building, and a 35 foot by 72 foot addition to the free standing body shop located on the east edge of the site. He explained the Commission had reviewed a revised master plan and landscape plan for 10- 16--78 -17- for Brookdale Ford on July 13, 1978. He stated at that time the applicant had indicated they would seek approval at -a later date for the various additions to their site. He stated the plans were being incorporated with the revised_ master plan and seemed to be in order. He reviewed the recommended conditions of approval. The Director of Planning and Inspection pointed out the triangular piece of property on the west side of the site which would square off the site had not et been purchased b the applicant and was not a Y p y pp t art of the site. He stated p the master plan had been reviewed with the understanding that the piece of property might be acquired by the applicant. He also pointed out on the site plan the areas for which the building additions were The Director of Planning and Inspection_ explained that if the triangular piece of property were purchased and added to the site, the access to the site would probably be changed. He stated that in view of this, the Commission had approved a bituminous curb and gutter for that area of the site. In discussion of the application, Councilmember Scott stated she was concerned with status of site improvements on the County Road 10 side towards Highway 100 which were promised two years ago. Other Council members expressed a similar concern. The applicant responded that the landscaping was presently' being taken care of and that construction problems and weather problems had delayed the completion of the site improvements. Mr. Scott Palmer; a repre- sentative of Brookdale Ford stated the site improvements could not have been completed any sooner due to the aforementioned problems. Mr. Palmer further explained, the site improvements could not have been completed until now because the City Engineer had to look at the drainage for the area and additionally, some of the improvements were contingent on the buying of the NSP easement. Councilmember Kuefler disagreed with the applicant noting the landscaping of County Road 10 and Shingle Creek Parkway were not contingent on the buying of the NSP easement and two years was, in his estimation, too slow. In further discussion, the City Council requested the City Manager to research the legal ramifications of the enforcement.of performance agreements. The Council suggested the setting of a time limit on improvements, or making the approval of future applications contingent on the completion of site improvements on former projects. The Council also briefly discussed the possibility of foreclosing on bonds when the site improvements were not completed. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar -to defer Planning Commission Application No, 78060 until the October 3 1978 meeting in order that the status of the site improvements on County Road 10 and Highway 100 can be reviewed. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, The City Manager introduced Planning Commission Application No. 78063 submitted by Poppin Fresh Pies, Inca for site and building plan approval to remodel and expand the existing Peppin Fresh Pie Shop at 5601 Xerxes Avenue North. 10 -16 -78 -18- The Director of Planning and Inspection showed a transparency of the area and stated the applicant proposed to build a vestibule addition on the north side of the building and a dining and lavatory addition on the south side of the building. He stated the plans comprehended total parking for 73 cars. He explained the parking would be adequate since there would be 129 seats and a maximum of 16 employees. He explained the proposal included the I reconfiguration of some of the existing parking spaces on the-site in order to provide for more spaces, and moving the trash disposal facility to a screened area closer to the building. He continued that a landscaping plan had been. provided and that there was some discrepancy between what was indicated on the plan as existing plantings, and what was actually in place. The Director of Planning and Inspection noted the City held a $1 000 bond to cover the improvements approved under the original application. He pointed out there were several trees which had not yet been planted. In discussion of the application, Councilmember Kuefler pointed out he was concerned about approving applications when former site improvements had not been taken care of. He expressed concern over a problem with performance -agreements. Councilmember Kuefler further indicated he was unsure whether . the arrangement with performance agreements was working as originally planned. The Director of Planning and Inspection explained, at times, there was some ambiguity about whether or not the landscaping had been completed because occasionally, the applicant puts in additional shrubbery or trees which could be viewed as a trade off for certain other shrubbery or trees as mentioned in the original landscaping plans. The City Attorney explained the performance bond and performance agreement had been reviewed approximately one year ago and that he considered them quite stringent. The bond is set at 150% of the project cost. The City Manager suggested the Council might wish to consider using a cash escrow rather than a bond. The City Attorney concurred the Council might wish to explore the possibility of using a cash escrow. The City Manager also suggested the Council might wish to consider using only bond releases rather than bond reductions. In further discussion of the application, Councilmember Scott questioned the location of the handicapped stalls. The Director of Planning and •Inspection noted the location may be a function of the width needed to accommodate the handicapped parking stalls. A representative of the applicant explained the stalls could possibly be moved closer to the ramps if there was enough space. Councilmember Scott also complimented the applicant on making the restaurant accessible to the-handicapped. She further expanded on her earlier questions, noting she has received many complaints that parking spaces for the handicapped are too far from the ramp. She explained the handicapped should not have to traverse the entire parking lot in order to reach the ramp. Councilmember Fignar questioned whether or not we could approve the Po °ppin Fresh Pie Shop application since former site improvements had not been 10 -16 -78 _19- completed, in light of the earlier action on the Brookdale Ford application, The City Attorney replied he did not see a problem in approving Application No. 78063 because this application is substantially different than the Brookdale Ford application. He explained there would not be a double standard There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Planning Commission Application No. 78063 submitted by Poppin Fresh Pies, Inc. for site and building plan approval to remodel and expand the existing Poppin Fresh Pie Shop at 5601 Xerxes 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 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 as sure completion of approved site improvements. 4. The building shall be equipped with automatic fire extinguishing system to meet MFPA Standard No. 13. 5. The revised landscape plan approved under this application shall override the previously approved landscape plan. Voting in favor: Mayor Nyquist, ;Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Manager introduced a representative of Northwest Hennepin Human Services Council to present information on Council services and on the . "Inventory of Human Services Mr. Ken McCarty explained the Northwest Hennepin Human Services Council was a joint powers agreement among municipalities and received funding from Hennepin County. The Council was originated to control the development of human services in the north- west area. The 'Northwest < Hennepin Human Services Council does not provide direct services nor does the Council deal directly with clients although sometimes the Council may serve to initiate various types of services when needed. He explained the purpose of the Council was basically community based planning which included matching services, needs and resources. Mr. McCarty pointed out the Inventory of Human Services categorizes, analyzes and defines services. The Inventory was initiated largely at the encouragement of Mr. Don Poss and Ms. Connie Cobb in order that a data base could be laid for a determination 10 -16 -78 -20- of the services needed in the northwest area. It was hoped the Inventory would make possible an improvement in the quality of policy and programs for human services. The Inventory examines what programs do based on information supplied by the providers of the service. The data collected is current as of 1977. Eventually, it is hoped comparisons can be made as to where services can be handled most effectively and efficiently. Mr. McCarty proceeded to review the Inventory, noting four types of infor- mation had been gathered for the Inventory; classification information, budget information, client information, and program analysis information. Mr. McCarty concluded his comments by stating it was the hope of the Northwest Human Services Council that the Council's work and the Inventory would be helpful in determining local priorities for human - services planning. Councilmember Kuefler complimented Mr. McCarty and other members of the Northwest Hennepin Human Services Council for the preparation of the Inventory. Councilmember Kuefler further co.inmented by would like to see a delineation of which services are available in which community. Mr. McCarty mentioned it might be possible to begin work' on that type of a matrix. DISCUSSION OF THE PROPOSED CHARTER AMENDMENTS The City I4lrnager introduced Chairman Kanatz of the Charter Commission who was present to explain the Charter amendments as proposed by the Charter Commission. Chairman Kanatz explained the study of the Charter was begun several years ago, at which time three communities, each one addressing a portion of the Charter, were formed In th. ensuing time, new Charter members have been added. After considerable study, the Charter Commission decided to deal with 24 major issues. Both the City Manager and the City Attorney have reviewed the Commission's proposed amendments and made certain suggestions for change. Chairman Kanatz noted she would be presenting the original Charter amendments as proposed by the Charter Commission. Chairman Kanatz also pointed out to accurately suggest intent of the individual commission members for each of the Charter amendments would be difficult but she would attempt to give the general philosophy; Chairman Kanatz called the Council's attention to the minutes of the June 12 1978 Charter Commission meeting which included the proposed Charter amendments The minutes of the Brooklyn Center Charter Commission for the meeting of June 12, 1978 are attached as part of the official record. Chairman Kanatz proceeded to explain each of the amendments. Amendment 1 Section 2.03 to increase the number of Council members from four to six was defeated Amendment 2: Section 2.03 limits the amount of time each Council member and the Mayor shall serve. Chairman Kanatz indicated the purpose of this 10 -16 -78 -21- amendment was to open up the process by making it impossible to hold office for a considerable time. Chariman Kanatz noted the City Attorney had pointed out this provision may infringe on the right of the citizen to hold public office according to the Minnesota Constitution Article 7, Section 6. The City Attorney stated there are not Minnesota Supreme Court cases dealincr with this particular subject. The City Attorney also stated there was a need for clarification of the term "consecutive". Amendment 3: Section 2.04 more stringently controls paid appointive office or employment with the City after the expiration of a Council member's or Mayor's term. Amendment 4: Section 2.05 increases the number required for a quorum on the City Council from three to four, i Amendment 5: Section 3.01 increases the amount of time from 12 hours to 24 hours, required notice to each member of the Council for special meetings of the Council. Additionally, amendment 5 adds the stipulation that all meetings of the Council must be in compliance with the State Open Meeting Law. Chair- man Kanatz noted the City Attorney had suggested the citation - should read Minnesota Open Meeting Law because that is the official citation which is set out in the Statute. Amendment dme t 6: Section 3.03 makes it - mandatory rather than permissive: to compel attendance of absent members of the Council. Amendment 7: Section 3 , 04 would require that abstentions as well as the aye �I and no vote be recorded on ordinances • Amendment 8: Section 3.05 changes the reference from legal to official news- paper in order to be consistent with other references to the newspaper. Amendment 9: Section 3.08 requires that every ordinance should be published at least once in the official newspaper within 30 days of its final passage. Amendment 10: Section 4.01 requires all matters to be voted upon would be included in the published notice given at least two weeks before the holding of the election. Amendment 11 - Section 4.02 requires there to be three nominees selected in the primary election rather than two unless no more than three nominees fide for each elective office. Chairman Kanatz noted the purpose of this amendment was again, opening up of the elective process: Amendment 12: Section 4.03 added the words "of weekly" in the statement "at least three weeks of weekly published notice of a special - election shall be given in the official newspaper", Amendment 13: Section 5.01 states the Chapter on Initiative and Referendum should be construed liberally in favor of the people. 10 -16 -78 -22- Amendment 14: Section 5.02 to eliminate the wording requiring a financial statement was defeated. Amendment 15: Section 5.02 would add a paragraph requiring the City not to expend City money on services in favor of or in opposition to a petition. Amendment 16: Section 5.02 would change the placement of the statement "any violation Qf the provisions of this paragraph shall constitute a mis- demeanor". As a result of the change, the misdemeanor would apply to the entire section. In response to questions from the City Attorney, Chairman Kanatz replied she was not able to report with clarity on the intent of the Charter Commission as to who would be liable for the misdemeanor charges. There was no discussion as to who is the violator, I Amendment 17: Section 5.09 is for the purposes of a clarification of Section 5.09 by changing the title and removing the reference to the laws at the bottom of the page. Amendment 18: Section 6.04 deletes the reference to the City Clerk as keeper of the records because it was the feeling of the Commission the provision of the Charter was not germane to the way in which the records are presently kept. Chairman Kanatz noted the City Attorney pointed out that while the actual duty of record keeping may be placed on any public official, to abolish it from the Charter would probably contravene a general law on a subject of state wide concern and would, therefore, be an inappropriate amendment to the Charter unless that duty belaced on some other official. Amendment 19: Section 6.05 and Amendment 20: Section 6.06 limits the amount the City Manager may make or let contracts by State Statute rather than by a dollar - amount. Chairman Kanatz noted the City Attorney had - suggested referencing the State Statute by title, the Uniform Municipal Contracting Law, if it was the wish of the Charter Commission to refer to a State Statute. The City Attorney further suggested, in order to determine that point at which the City Manager must obtain Council approval before making a purchase, it would be best to simply state a dollar amount in the Charter. Chairman Kanatz also noted, the City Manager had suggested language to increase the dollar figure. Amendment 21: Section 7. would be deleted. Amendment 22: Is not applicable. Amendment 23: Section 11 .O1 and Section 11.04 requires an approval by a majority of the electors voting thereon, at a general or a special election concerning acquisition of utility properties and the operation of utilities o Chairman Kanatz noted the City Attorney had suggested use of the word voters rather than electors Amendment 24: Would correct the gender throughout the Charter to he /she. The City Attorney suggested possibly reconstructing the sentences in the 10 -16 -78 -23- Charter rather than changing to he /she throughout. Chairman Kanatz requested the Council to consider the amendments as proposed by the Charter Commission. Chairman Kanatz again noted suggestions had been made by both the City Manager and the City Attorney but the amendments as presented by Chairman Kanatz, were the amendments proposed by formal action of the Charter Commission. In response to questions from the Council, the City Attorney briefly outlined the process by which the Charter amendments could be approved. He stated the City Council may enact a Charter amendment by ordinance but such ordinance, if enacted., shall be adopted by the Council by an affirmative vote of all of its members after a public hearing. He further noted that within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance could be filed with the City Clerk. If a petition is filed within the prescribed period, the ordinance will not become effective until it is approved by the voters. The City Attorney explained there was a need for clarification on the process if the Council did not pass the ordinance with an affirmative vote of all of its members. The City Attorney indicated he would be prepared to more clearly define the process at the next City Council meeting. The City Manager suggested the Council might wish to study the proposed amendments and the suggestions as made by the City Attorney and the City Manager. A discussion of the Charter amendments could be held at the October 3-0, 1978 Council meeting, Councilmember Kuefler asked whether or not there was a time frame under. which a decision must be made on the proposed Charter amendments. The City Attorney replied there was no specific time frame. Chairman Kanatz indicated she hoped the Council would react with all deliberate speed concerning the proposed Charter amendments, Councilmember Kuefler thanked Chairman Kanatz and the Charter Commission for the-thorough research which they had done in proposing the Charter amendments and for their honest attempt to update the Charter. DISCUSSION ON THE FEASIBILITY OF USING COMMUNITY DEVELOPMENT MO NIES FOR CEAP The City Manager referred the Council to a memo from Mr. Brad Hoffman, - Administrative Assistant, relative to the use of Community Development monies for the construction of a buildingr to be used by CEAP. It had been noted at the September 25 1978 Council meeting that Brooklyn Park had allocated $80,000 of Community Development money for the construction of a CEAP building, At that time, the City Council requested that staff provide information as to whether it was feasible to use Community Development money in Brooklyn Center for CEAP. Brooklyn Center could use Community Development money for such a project if it could meet three criteria. First, Community Development money could be used only in the construction of the CEAP building and related construction projects. Second, it would be encumbent upon the City to demonstrate that 10 -16 -78 24 a majority of the recipients of CEAP services residing in Brooklyn - Center reside in two particular census tracts. Third, in order to use Community Development monies for the construction of a CLAP building, construction cannot start prior to receiving the funds for the project. We would anticipate funding'on or about August 3, 1979. Councilmember Kuefler suggested that the City Manager should meet with the CEAP Board and present to them the alternatives as to how the $80,000 of Brooklyn Park Community Development monies could be used and the guidelines for using Brooklyn Center Community Development monies for CEAP.- Council- member Kuefler noted the LEAP Board would be in a better position to make decisions with this additional information. DISCUSSION OF THE STATUS OF BIDDING FOR SALE OF PROPERTY AT 7100 BROOKLYN BOULEVARD The City Manager explained quotations had been received on the purchase of the ,old City Hall property. Prior to the receipt of the quotes, we had requested appraisals of the property. The bids received were considerably lower than the median appraisal. The City Manager recommended that all bids be rejected and that the property be advertised for sale 'again. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reject the present bids and advertise the property for sale again. Voting g in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION OF A SUPERVISORY DEVELOPMENT PROGRAM The City Manager briefly explained a supervisory development program for middle and first line supervisors. The City Manager recommended the first part of the program be initiated in 1978. The majority of the supervisory I development program would take place in 1979 and has been approved as part of the Unallocated Departmental Expense Budget for 1979. In order to begin the program in 1978, it is recommended the Council authorize the expenditure of $400 for the supervisory development program from the Council's Professional Services Budget. The additional $500 needed for the initiation of the program in 1978 would be taken from the Police Department Budget. There was a _motion by Councilmember Fignar and seconded by Councilmember Lhotka to authorize the expenditure of $400 for the supervisory development program from the Council's Professional Services Budget. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. As a point of information, the City Manager explained the City would be participating in joint bargaining through the Metropolitan Area Management Association. The City Manager noted he was the Chairman of the Joint Bargaining Committee for the 320 Contract, DECLARIN S URPLUS PROPERTY The City Manager recommended the four existing pool tables in the Community Center be declared surplus property. The four existing pool tables would be 10 -16 -78 -25- i replaced with coin operated pool tables. It is projected that this method will increase revenues up to 25 %, and at the same time will relieve clerical and supervisory personnel from having to check membership cards, hold driver's licenses, make change check out balls, and watch time limits. Under this arrangement. the City will receive 50% of the gross receipts and will have no responsibility for maintenance of tables, balls, cues, etc. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to declare the four existinq pool tables in the Community Center as surplus property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fiqnar, Lhotka, and Scott. Votinct acrainst: none. The motion passed unanimously. LICENSES Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: BINGO LICENSE Willow Lane School P.T.A. 7020 Perry Ave. No. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Mrs. Jaycees 5321 Penn Avenue North (Haunted House) MECHANICAL SYSTEM'S LICENSE Airco Heating & Air Conditioning 4014 Central Ave. N.E. Lyle's Refrigeration 5502 Douglas Drive RENTAL DWELLING LICENSE Initial: Rudolph J. Olson 6505 Brooklyn Blvd. Bill Howe & Thomas Howe 3129 - 49th Ave. No. Renewal: Keith L. Nordby 6012 Brooklyn Blvd. Bertil G. Johnson 6107 Brooklyn Blvd. Manferd Rasmussen & John Christenson 7020 Brooklyn Blvd. Fred R. Ledin 5843 Fremont Ave. No. Transfer: Village Properties Evergreen Park Apts. Lyn River Corporation Lyn River Apts. SIGNHANGER'S LICENSE Macey Sign Company 451 Wilson St. N.E. 10 -16 -78 -26- Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Ficrnar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMEN Motion by Councilmember Kuefler and seconded by Councilmember Fignar to adjourn the City Council meeting. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.- The Brooklyn Center City Council adjourned at 12 :08 a.m. Clerk Mayor 10 -16 -78 -27- Election judges General Election November 7, 1978 Precinct 1 Head Judge (D) Loretta Stewig 5455 Colfax Avenue North 566 -1419 (R) Marian Smith 5431 Oliver Avenue North 560 -8063 (R) Donna Bennett 2106 54th Avenue North 560 -8927 (R) Mildred Egnell 5400 Oliver Avenue North 560 -9252 (D) Ardyce Matson 5525 Morgan Avenue North 561 -5892 (D) Mary Ellen Mueller 5432 Knox Avenue North 560 -0466 (R) Paul Cameron 2000 Brookview Drive 560 -9853 Precinct 2 Head Judge (R) Ethel Irving 6020 Emerson Avenue North 561 -6479 (D) Eileen Smith 6330 Fremont Avenue North 561 -4077 (R) Adeline Lonn 6342 Fremont Avenue North 561 -3877 (R) Nancy Tanji 6330 Girard Avenue North 561 -2732 (R) Twila Hannay 6432 Willow Lane 561 -5386 (D) Mary Gibney 5801 Emerson Avenue North 561 -6379 II (D) Doris Bernardson 6413 Fremont Avenue North 561 -5477 1 Precinct 3 ead Judge (R) Evonne Chatelle 7006 Newton Avenue North 561 -2586 (D) Esther Durland 6851 W. River Road 561 -2487 (R) Sharon Finucane 7013 Morgan Avenue North 561 -1692 (D) Nancy Chambers 6917 Dallas Road 566 -6236 (D) Lorraine Horn 1612 72nd Avenue North 561 -6414 (R) Lorene McKusick 7024 Morgan Avenue North 561 -1578. I (D) Kathy Hallermann 701.9 Girard Avenue North 561 -7601 Precinct 4 Head Judge (D) Alice Madir 7024 Quail Avenue North 561 -8263 (R) Marilyn Heinke 4101 Woodbine Lane 561 -4195 (D) Phyllis Petroski 4507 71st Avenue North 561 -2895 ' (D) Joan Hagemann 7119 Halifax Avenue North 560 -6533 (R) Johanna Heer 4200 Woodbine Lane 561 -6244 (D) Alberta Ruf 7119 France Avenue North 561 -3884 I (R) Anne Schroeder 3400 72nd Avenue North 560 -6382 Precinct 5 Head Judge (D) Geraldine Dorphy 4306 Winchester Lane 533 -9017 (D) Alice VanMeerten 4519 Winchester Lane 537 -8151 (R) Gladys Leerhoff 4301 66th Avenue North 537 -4791 (R) Dorothy Rogers 5207 65th Avenue North 533 -5879 (D) jean Lindstrom 4300 65th Avenue North 533 -9696 (R) Joan McGonigal 4806 Howe Lane 533 -7348 f I Precinct 6 D ead Judge (R) Barbara Jensen 6539 Drew Avenue North 561 -3071 (D) Lois Moeller 2818 O'Henry Road 561 -3839 (R) Judith Dax 2814 Northway Drive 560 -0865 (D) Virginia Fourre 6543 Beard Avenue North 561 -3116 (R) Joan Reavely 3018 Mumford Road 561- 6570 (R) Josephine Swart 6007 Xerxes Avenue North 566 -1004 (D) Sharon Stutelberg 5943 Vincent Avenue North 561 --6435 Precinct 7 Head Judge (D) Mona Hintzman 4018 58th Avenue North 533 -9792 (R) Barbara Forder 5936 Halifax Place 537 -2549 (R) Mary Gosz 5330 Boulder Lane 533 -8248 (D) Carol Benkofske 4019 Janet Lane 533 -4513 (D) Edna 011anketo 5807 June Avenue North 533 -9954 (R) Dawn Kiefer 6218 Kyle Avenue North 537- 6515 Precinct 8 Head Judge (D) Ethel Pettman 4919 Beard Avenue North 535 -430.6 (R) Kathy Theisen 5701 June Avenue North 537 -2267 i (R) Dorothy Olson 3906 Burquest Lane 537 -6845 (D) Mary Berg 5236 Greatview Avenue 537 -2104 (R) Enid Torell 3400 50th Avenue North 535 -4807 (D) Anne Bergquist 5133 Xerxes Avenue North 537 -2170 f Member introduced - the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 744 LINEAR FEET OF 14" WINDOW STOOL 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 744 linear feet of 14" window stool and has determined that - the quotation of Peabody Enterprises in - the amount of $2,976 ($4 /ft.) 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 744 linear feet of 14" window stool in 'the amount of $2,976 from Peabody Enterprises bate 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 QUOTATIONS FOR 744 LINEAR FEET OF 14" WINDOW STOOL Cost/Linear Feet Peabody Enterprises 636 - 39 Avenue N. E. $4.00 Counter Craft 5808 Cavell Avenue North 4.27 H. C. Osvold Company 2828 University Ave. S. E. 7.00 Burrill Contour Tops Rogers, Mn. 8.00 This material will be used - to replace - the cement cap blocks on - the window ledges. The stock will be 14" wide with a 1 -1/2' face covered on all surfaces with plastic laminate. Member introduced - the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND WHEREAS, Section 7.11 of - the City Charter does provide 'the City Council with full authority to make permanent - transfers between all funds which may be created, provided - that such - transfer are not inconsistent with the provisions of related covenants, 'the provisions of the City Charter, ` or State Statute; and WHEREAS, on October 4, 1976 - the City Council adopted Resolution f No. 76 -132 which approved the 1977 Annual Budget for the City and encumbered FEDERAL REVENUE SHARING FUNDS in the amount of $186,833 - to be transferred to the GENERAL FUND subsequent to the expenditure of funds by the GENERAL FUND for appropriations in said 1977 Annual Budget; and WHEREAS, on May 9, 1977 the City Council adopted Resolution No. 77 -99 which authorized reimbursements of expenditures made - through - that date in the amount of $66,882.91; and WHEREAS, on December 19, 1977 - the City Council adopted Resolution No. 77 -258 which authorized reimbursements of expenditures made. through - that date in the amount of $96,328.45; and WHEREAS, certain expenditures have been made from - the GENERAL FUND since - those previously reimbursed, and - they are as follows Date Voucher No Amount Vendor Purpose 3/9/78 068674 (17361) $ 395.00 Don Streicher Gun Barrier Vest 5/22/77 142063 (18542) 244.00 C. F. Coyer & Assoc. 2 fire coats 1/23/78 023653 (16819) 3,474.00 Itasca Equipment Chip spreader 3/14/77 073126 (11264) 708.80 Federal Lumber Signs 3/28/77 087126 (11493) 26.28 Federal Lumber Signs 4/25/77 115126 (11938) 405.52 Federal Lumber 4 doors, casing, hardware & shelves 1/9/78 009006 (165581) 117.50 Albinson's 2 drafting table lamps 7/22/77 206677 (13529) 1,430.90 Mid.- Central Air packs & updatinc $6.802.00 ; and WHEREAS, on October 3, 1977 - the City Council adopted Resolution No. 77 -178 which approved the 1978 Annual Budget for - the City and encumbered FEDERAL REVENUE SHARING FUNDS in - the amount of. $184,540 - to be transferred to the GENERAL FUND subsequent to - the expenditure of funds by the GENERAL FUND for appropriations in said 1978 Annual Budget; and RESOLUTION NO. WHEREAS, certain expenditures have been made from - the GENERAL FUND and they are as follows Date Voucher No Amount Vendor Purpose 2/22/78 058021 (17261 $ 139.00 Addo -X Agency - Adding machine 4/10/78 100656 (18013) 325.19 Business machines Elec. Print Calculator 9/25/78 268405 (20490) 127.02 Pickwick Intl. Portable Dictating Machine - 3/29/78 086405 (17723) 153.98 Pickwick Intl. -Transcriber unit 4/10/78 100694 (18049) 59.95 Radio Schack Cassette recorder 3/27/78 086405 (17723) - 153.98 Pickwick Intl. Transcriber unit 2/22/78 058021 (17261) 139.00 Addio -X Agency Printing calculator 6/12/78 163660 (18827) 328.00 Small Engine City Lawn mower 4/19/78 114672 (18204) 900.00 Music Systems Audtrac recorder 4/19/78 114672 (18204) 495.00 Music Systems Time Injector unit 3/13/78 072654 (17535) 30.00 Business Furniture Bookcase 3/22/78 086707 (17801) 220.00 Frontiersman Rifle 3/22/78 086707 (17801) 80.00 Frontiersman Power scope 6/16/78 167650 (16029) 15,252.36 Suburban Chevrolet 3 police sedans 4/4/78 100685 (18041) 259.50 Interstate Diesel' 2 Trans. lookouts 1/31/78 044151 (16990) 199.00 GTC Auto Parts Battery charger 5/22/78 142275 (18558) 140.17 La Belle's Distr. Camera & strobe 8/28/78 240063 (20096) 850.00 Coyer & Assoc. 500' - 1 -1/2" hose 6/26/78 177677 (19048) 3,429.00 Motorola, Inc. 12 Portable pagers 8/28/78 240063 (20096) 2,600.00 Coyer & Assoc. 1000' -- 2 -1/2" hose 5/8/78 128741 (18494) 140.00 Business Furniture Brochure rack 8/14/78 226651 (16155) 5,096.30 North Star Dodge Survey van 2/22/78 058655 (17343) 422.95 Beisswengers 2 chain saws 4/4/78 100657 (18014) 78.65 Crystal Electric circular saw 2/7/78 044710 (17148) 2,120.00 Hayden - Murphey 2 sanders 2/7/78 044711 (17149) 5,950.00 Midway Tractor Back hoe 8/14/78 226661 (19920) 4,324.58 Crysteel Dump box 7/27/78 208650 (1.6107) 12,620.00 Freeway Ford Dump truck 4/4/78 100686 (18042) 971.25 Vangaard Mfg. Co. Hi pressure washer 4/10/78 100663 (18019) 264.95 Larry's Auto Body Spray Gun & regulator 4/10/78 100262 (17942) 485.10 Kar Win Auto Transmission jack 4/10/78 100657 (18014) 111.00 Crystal Electric 1/2" heavy duty drill 6/12/78 163685 (18852) 83.50 Crystal Electric 3/8" heavy duty drill 9/25/78 268046 (20435) 239.40 Busines Furniture 2 swival chairs i RESOLUTION NO. Date Voucher No Amount Vendor Purpose • 9/25/78 268046 (20435) $ 242.73 Business Furniture Desk 4/10/78 100687 (18043) 130.95 Gustason's 9 Shades for art room 4/10/78 100687 (18043) 111.20 Gustason's 4 Shades for concession area 1/31/78 044660 (17097) 889.00 Weight Training, Inc. 2 Weight machines 6/12/78 163673 (18840) 225.00 Northern States Power 1 Meter 6/28/78 177673 (19044) 2,577.30 Montgomery Ward Outfield fencing 6/28/78 177673 (19044) 472.50 Montgomery Ward Chain link fence 3/22/78 086653 (17748) 130.50 Crystal Electric Sander 10/10/78 283165 (20681) 93.93 W. W. Grainger, Inc. 1 Mower $63,661.94 Re stroom Re sdesign , Grandview Park 4/27/78 128583 (18400) 2.79 Warner Hardware Masonry bit 5/30/78 163666 (18833) 54.30 Gardner Hardware Bolts, plates, locks 5/30/78 163672 (18839) 33.66 Wunder -Klein Bricks 5/30/78 163040 (18701) 12.69 Budget Power Pipe, ells, misc. hardware 5/30/78 163160 (18733) 12.24 Goodin Company Plumbing supplies 5/30/78 163688 (18855) 68.10 Marshal Block Blocks /cement • 6/19/78 177096 (18957) 5.32 Camden Hardware Drain fittings 6/19/78 177583 (19018) 4.84 Warner Hardware Anchors, bit, 'tap 7/5/78 191184 (19174) 31.46 Hirshfield's Paste, paint, brushes 4/18/78 114653 (18185) 90.00 A. & H. Bennett Co. Skylite $ 315.40 $63,977.34 BE IT, THEREFORE, RESOLVED by - the City Council of - the City of Brooklyn Center 'to transfer - the amount of $70,779.34 from the FEDERAL REVENUE SHARING FUND to the GENERAL FUND. Date Mayon 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 followin g g voted a ainst , the same whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: / RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES WHEREAS, there is a need for interim financing prior to the. selling of bonds to finance certain improvement project costs which are to be assessed against benefited properties: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to.authorize the issuance and sale by Special Assessment Construction Fund No. 58, Temporary Improvement Notes in the amount of $35,000.00. These notes shall be dated October 30, 1978, and shall be payable out of proceeds of the final bond issue for the projects. These notes shall bear an interest rate of 6% per annum in accordance with Resolution No. 74 -32, dated February 25, 1974, which established an interest rate on loans from the Investment Trust Fund to other City Funds: BE IT FURTHER RESOLVED that the City of Brooklyn Center Investment Trust Fund be authorized to purchase these notes. BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute the aforementioned notes. 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 ACCEPTING BID AND APPROVING CONTRACT FORM (UTILITY CONTRACT 1978 - S) WHEREAS, the City Clerk and the City Engineer have reported that on October 30, 1978, at 11:00 o'clock a.m., central standard time, they opened and tabulated bids received for Water Main and Storm Sewer Improvement Project Nos. 1978 -31, 32, 35 and 40A, and that said bids were as follows 1) 0 & P Contracting, Inca $ 90,903.15 2) White Construction Company 99,173.00 3) Bonine Excavating 105,507.63 4) Bianconi Construction Company, 107,397.70 5) Burschville Construction, Inca 108,827.25 6) Nodland Associates 126,511.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the bid of 0 & P Contracting, Inc., in the amount of $90,903.15, as to furnishing of all work, labor, and material 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 lowest and best bid submitted for said work by a responsible bidder, and said bid is hereby accepted. BE IT FURTHER RESOLVED to authorize the Mayor and City Manager 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. ,i Member introduced the following resolution and moved its adoption: RESOLUTION NO. ` RESOLUTION AUTHORIZING THE PURCHASE OF :60' of 16" DUCTILE IRON PIPE FOR WATER MAIN IMPROVEMENT PROJECT NO. 1978 -40 A. 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 60ft. of 16" c1. 52, Ductile Iron Pipe - Restrained Joint and has determined that the quotation of Griffin Pipe Products in the amount of $1,533.40 for 60 ft. of 16" cl. 52, Ductile Iron Pipe- Restrained Joint 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 60 ft. of 16" cl. 52, Ductile Iron Pipe- Restrained Joint, in the amount of $1,533.40 from Griffin - Pipe Products. • Date Mayor ATTEST: Clerk I The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote -being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 16" CAST IRON WATER MAIN FITTINGS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1978 -40 A. WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for the purchase of merchandise, materials or equipment, or any kind of construction work by informal quotations when the amount of such contract is less than ten thousand dollars ($10,000); and WHEREAS, the City has obtained quotations on the purchase of 4 -16 Cast Iron 222 Bends and 1 ­16" Cast Iran Long Steve and has determined that the quotation of Davies Water Equipment Company in the amount of $249.13 /each for 4 -16" Cast Iron 222 Bends and $180.21 /each for 1 -16" Cast Iron Long Sleeve, totaling $1,176.73, 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 4 -16" Cast Iron 22 Bends and 1 -16" Cast Iron Long Sleeve in the amount of $1,176.73 from Davies Water Equipment 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. Member introduced the following resolution 7 and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -M (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -M signed with the City of Brooklyn Center, Minnesota, Halvorson Construction Company, has satisfactorily completed the following improvement in accordance with said contract: Curb and Gutter Improvement Project No. 1978 -2D 70th Avenue North from 200 feet ± east of Kyle Avenue to Brooklyn Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is greater than the original contract amount by $404.95 due to the following: a) Upon request by the property owner, Change Order No. 1 and 2 comprehended the revision of the northerly driveway into the Lowry Realty property and the replacement of sidewalk across an old driveway approach on Brooklyn Boulevard; thereby increasing the contract amount by $606.15. b) A general overestimation.of plan quantities reduced the contract amount by $201.20• 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $3,940.95. Date Mayor ATTEST Clerk RESOLUTION N0. L � _ 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 ACCEPTING WORK UNDER CONTRACT NO. 1978 -N (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -N signed with the City of Brooklyn Center, Minnesota, Halvorson Construction Company, has satisfactorily completed the following improvement in accordance with said contract: Curb and Gutter Improvement Project No. 1978 -28 On proposed James Circle from Freeway Boulevard southerly , approximately 570 feet to cul -de -sac. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City i of Brooklyn Center: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $822.42 due to a general overestimation of quantities. 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $8,853.58. Dane 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 adoptiax RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF AERIAL SURVEY MAPPING SERVICES FOR STREET IMPROVEMENT PROJECT NOS 1978 -38 AND 1978 -39 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 aerial survey mapping services for Street Improvement Project Nos. 1978 -38 and 1978 -39, and has determined that the quotation of Mark Hurd Aerial Survey, Inc., in the amount of $1,680 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 aerial survey mapping services for Street Improvement Project Nos. 1978 -38 and 1978 -39 in the amount of $1,680 from Mark Hurd Aerial Surveys, Inc. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly' seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 28, 1978 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order at 8:20 p.m. by Chairman Engdahl. ROLL CALL Chairman Engdahl Commissioners Malecki, Pierce, Hawes and Theis. Also present f were Director of - Public Works James Merila, Director of Planning and Inspection Ronald Warren, and Planning Aide Laurie Thompson. A PPROVE MINUTES (Planning Commission) 9 -14 -78 Motion by Commissioner Pierce seconded by Commissioner Theis to approve the minutes of the September 14, 1978 meeting as submitted. The motion passed unanimously. PRESENTATION BY PLANNING CONSULTANT Following the Chairman's explanation, the first item of business was a presentation by the planning consultant, BRW, Inc. Chairman Engdahl recognized Mr. Bill Weber, who represented the planning consultant. Mr. Weber presented the Planning Commis Sion with working copies of the first draft of the Comprehensive and Critical Area Plans He stated that the draft had previously been presented to City Staff and • that certain corrections had been noted and changes had been recommended, and that these were contained in a memorandum at the front of the workbook. Mr. Weber stated that the first draft contained the inventory and analysis portion of the Comprehensive Plan. He explained the format of the Comprehensive Plan and proceeded to review and discuss the various elements of the Plan. Inventory of Existing Conditions Population and employment projections. Mr. Weber stated that the Metropolitan Council projected Brooklyn - Center's population to be 34,000 by 1980, and to stabilize at 33,500 in 1990. The number of households is expected to increase' from 11,000 in 1980 to 12,400 in 1990 and to 12,800 by the year 2000. The overall population decline projected for Brooklyn Center between 1980 and the year 2000, is a function of the declining household size. He added that it is projected again based on Metropolitan Council data, that household size will decline from 3.09 average persons per household in 1980 to 2.60 average persons per household in the year 2000. Employment opportunities are expected to increase by approxi- mately 3,000 jobs from 1980 to the year 2000. Natural Environment. This section describes the natural features of Brooklyn Center, including bodies of water (twin Lakes, Shingle Creek, Ryan Creek, and the Mississippi River) existing soil conditions, significant vegetation, and the Shingle Creek water shed. Mr. Weber explained that extensive soil condition information was not available for the entire City, but from that available for the north half of the City, it appeared that most of the vacant parcels in that part -of the City were buildable. He also explained that there was very little significant vegetation remaining in Brooklyn Center due to its history as farm land and the fact that it is now almost fully developed with urban uses. He reported that there is very little topographic relief in the City, the only steep slope being the western bank of the Mississippi River.' 9 -28 -78 -1 Land Use and Housing. Mr. Weber explained that the overall land use pattern r , Brooklyn Center consists of a well- defined commercial /industrial core with a sur- rounding ring of residential development. He summarized a table of existing de- velopment by'land use classification, -noting that residential uses made up approxi- mately 50% of the land area of the City, and' commercial /industrial uses, approxi mately 14 %. He also reviewed a table of developed land by zoning classification, noting that approximately 40% of undeveloped land was zoned R3 through R5, and that approximately 18% was zoned commercial, and approximately 33%, industrial. Mr. Weber stated that a special study on Brooklyn Boulevard was to be completed by the Consultant and would be contained in the Land Use Plan. He explained that the study would address the future development and redevelopment potential of the , Boulevard. He also noted that Brooklyn Boulevard is one of the most "imageable" areas of the City. Mr. Weber stated that the housing portion of the inventory section contained the results of a "windshield" survey of the existing housing stock. He explained that the survey was of exterior physical condition only, and described the difference between the designations of "major" and "minor" deteriorations. Generally, the housing stock of Brooklyn Center was found to be in very good condition, with 200 of the 204 structures found with minor deteriorations located in the Southeast Neighborhood. All of the 4 structures with major deterioration are located in the Southeast Neighborhood. COMMISSIONER BOOK ARRIVES Commissioner Book arrived at 8:45 p.m. Public Facilities. The public facilities, including the water system, the storm sewer system, and the sanitary sewer system were briefly discussed. Mr. Weber stated that it was not likely that Brooklyn Center would reach its maximum average outflow of 3.1 million gallons per day of sewage allowed by the Metropolitan Waste Control Commission (MWCC) by the year 1990. The parks and open space.system was discussed. Mr. Weber stated that the City contains 20 parks totalling 224 acres, 6 open space areas which amount to 319 acres, and a 6.6 acre arboretum. He state& that parks and open spaces were found to be well distributed in each of the six planning Neighborhoods Mr. Weber ex- plained Palmer Lake and the Shingle Creek green areas and the Twin Lake and Ryan Lake areas provided valuable resources for continued development of the park system. He explained that the future Shingle Greek Trailway would eventually be integrated into the regional trailway system. He also reviewed the Comprehensive Policy Plan adopted by the Park and Recreation Commission to guide in development of recreational facilities and programs. In discussing the transportation system, Mr. Weber pointed out that the City con- tains three major arterials. Interstate 94, a principal arterial, which cuts east -west across the City and bridges the Mississippi River; Trunk Highway 100,- an intermediate arterial, which cuts to Interstate 94 from the Southwest; and Trunk Highway 152 (Brooklyn Boulevard), a minor arterial which angles across the western portion of the City and intersects Interstate 94 and Trunk Highway 100. He stated that these arteries link Brooklyn Center to other portions of the Metro - politan Area. Mr. Weber commented that BRW, -Inc. was also conducting a study on State Highway No. 169 in Brooklyn Center and Brooklyn Park,, and that recommend ations resulting from this study would be included in the plan. He also noted that when information became available from the Metropolitan Council regarding the traffic assignement zones (TAZ), an additional map would be provided in- dicating those zones.. He also explained that the City maintained 97 miles of road, some with the assistance of the State, and he discussed the plans for upgrading the City roads. 9 -28 -78 -2- Mr. Weber also explained that public transit service is provided by the Metro- politan Transit Commission (MTC), through 4 basic routes, serving principally` as commuter service to downtown Minneapolis. He also stated that an additional map would be provided showing the pedestrian paths and bicycle trailways throughout the City. , Also, under Public Facilities, Mr. Weber briefly discussed the municipal buildings and police and fire protection. He stated that the information on police protection would be redesigned. Analysis of Existing Conditions Mr. Weber explained that the Analysis of Existing Conditions Chapter would discuss information noted in the Inventory of Existing Conditions which should be of particular interest to the City of Brooklyn Center and which will serve as a basis of the Objectives and Policy Chapter which is to follow. He commented that future planning in the City should be directed towards maintaining and improving the existing conditions. Mr. Weber discussed a number of the comments and concerns raised in the analysis. Natural Environment. Mr. Weber commented that the only significant problem in regard to the City's natural environment appears to be with the water quality in the north basin of Twin Lake. He added that the only public access to the Mississ- ippi River was from River Ridge Park located just south of the Freeway on State property. It is recommended that this park. be developed with foot trails, picnic areas and viewing opportunities as the City has planned. Land Use. Mr. Weber explained that proper land use planning and municipal develop- ment controls have produced a highly workable pattern of land use in Brooklyn Center, • and that there are few serious use conflicts between adjacent or nearby parcels of property. Brooklyn Boulevard. Brooklyn Boulevard is presently functioning well in its dual role of traffic artery and local shopping /service corridor. Uses along the boulevard should be carefully controlled and monitored in order to maintain the environmental quality of the corridor. Housing. Although Brooklyn Center offers a fair variety of housing types, there will be a gowing demand in future years for mid -and high- density housing in Brooklyn Center. Mr. Weber also pointed out several other major housing concerns including the need for a more active role of the Housing and Revelopment Authority, provision for the subsidized housing for the elderly, and provision for rehabili- tation of older housing in the Southeast Neighborhood. He explained that it may be possible to use Federal Community Development Block Grant funds to make money available to low and moderate i =ncome persons for housing rehabilitation and stabilization. Zoning The City Zoning Ordinance was found to be sufficiently comprehensive to serve the 'City's needs for some time to come in regard to development compatibility and land use control. Public Facilities. Mr. Weber explained that the public administrative buildings and the police and fire departments are adequate to serve the City's needs for the foreseeable future. He stated that no major additions would be needed in existing storm or sanitary sewer systems, although maintenance would be regularly required. He also pointed out that about 90% ,of the street mileage needs curb and gutter and 50% will soon need to be repaved within a more lasting surface than presently exists. He concluded that all public facilities will need regular maintenance and III periodic minor improvements. 9 -28 -78 -3- Mr. Weber explained that the corrections and additions recommended by the City staff would be incorporated into the Inventory and Analysis portions of the plans,` and, that the next portion to be presented to the City staff and the Commission in the next month would be the Policy. Plana Mississippi River Corridor Critical Plan The next item of business was presentation by the Planning Consultant of the Missi- ssippi River Corridor Critical Area plan. Mr. Weber briefly reviewed the Inventory and Analysis portion of the Critical Area plan. He explained that the Critical Area planning was mandated by the State Legislature for the purpose of coordinating planning and management of the River Corridor by local governments, regional de -.. velopment commissions, and state agencies. He reviewed the objectives of the Critical Area as established by the Environmental Quality Board. He stated that the Corridor within Brooklyn Center was designated as an urban developed district. The inventory of existing conditions includ discussion of shoreline soils and slopes, shoreline vegetation, water level fluctuation, and existing recreational opportunities. Mr. Weber commented that the only existing recreational opportunity was the River Ridge Park. In discussing the Development Opportunities and Constraints section of the Plan, Mr. Weber discussed the possibilities of providing public access to the River and developing a "pull off" in the area of 55th Avenue. He explained that U. S. Route 169 has been designated as a segment of Great River Road, which is a series of highways forming a national scenic, cultural and historic drive along the Mississi- ppi River from its source to the Gulf of Mexico. He stated that along the segment in Brooklyn Center, there are no scenic, cultural or historic areas and that use of 169 as a scenic drive is quite limited since the motorist is unable to see the River at all along the stretch without getting out of the car. The Consultant also recommended that the boat landing and access road in River Ridge Park be paved to provide better utilization of those facilities Discussion of Consultants Presentation A discussion of the presentation of the Comprehensive and Critical Area Plans -- ensued. Chairman Engdahl stated he felt the housing stock survey information should be forwarded to the Housing Commission for review and comment. Mr. Weber explained that as work progressed on the Plans, each Commission would have opport- unity to respond to those portions which related to their expertise. In response to a question from Chairman Engdahl regarding U. S. Route 169 north of Interstate 94, Mr. Weber stated that the highway would probably be widened within a period of 5 years, and would probably remain in its current alignment. Also, in response to questions from Chairman Engdahl, the City Engineer explained that with the development of Interstate 94, a full interchange at 53rd Avenue and a bridge over the Freeway would be installed at 57th Avenue. He explained that at the time of installation at the interchange at 53rd Avenue, a widening of the street was proposed. He continued that widening of 53rd Avenue from Penn Avenue east to Interstate 94 had been established as a public improvements project with joint participation between Minneapolis and Brooklyn Center. He explained that the street widening would occur on the Brooklyn Center side of the street because concrete curb was already in place on the Minneapolis side. He added that the new roadway would be contained on the current right -of -way and would be 44 ft. in width. He also stated that the project was proposed for 1979 since the bridge at 53rd Avenue would not be completed until that time. r 9 -28 -78 -4- In further discussion, the Secretary discussed the role of other Commissions in the Comprehensive Planning process,and it was the consensus of the Commission that a joint meeting between the Advisory Commissions and the Neighborhood Advisory Groups should be scheduled for some time in the near future to discuss the role of the Commissions and the Groups in the process. Mr. Weber commented that the Policies and Objectives portion for the Critical Area Plan would be available for staff review in October and the Policies and Objectives portion of the Comprehensive Plan would be available in November. He emphasized that the plan workbooks were for the Commissioners to work in and make any comments or corrections in. Restaurant Use in the Cl Zoning District The next item of business was a discussion of the possibility of allowing a rest- aurant use in the Cl (Service /Office) Zoning District. The Secretary stated that the City Council had reviewed Application No. 78032 submitted by Robert L. Johnson. He explained that the application proposed rezoning from R3 (Townhouse and Garden Apartments) to C2 (Commerce) of the vacant property on the west.side of Brooklyn Boulevard in the 7200 block in order to build an office building and a restaurant. He continued that the Commission had previously recommended denial of the rezoning application, and that the Council, after denying the request, had referred the matter back to the Commission for further discussion of the issues raised in the application. Chairman Engdahl again recognized Mr. Weber, representing BRW, Inc. Mr. Weber read a memorandum from Peter Jarvis, BRW, Inc., regarding, the restaurant uses in the Cl Zoning District. Mr. Jarvis reported that the Consultant had examined the existing planning policy relating to Brooklyn Boulevard, and had observed and analyzed the past and present nature of the Boulevard in Brooklyn Center and in Brooklyn Park. He stated they had also re- examined studies previously done by their transportation studio regarding restaurant and office building trip generation in terms of their respective impact on other major thoroughfares in the suburban area of the Metropolitan region. It was the Consultant's opinion that Mr. Johnson should be permitted to develop a Sambo's Restaurant on the property in question under a Cl Zoning classification The Consultant felt that the City Zoning Ordinance could be amended to permit in the Cl Zone, restaurants which would seat a minimum of 130 persons with no serious adverse effects to Brooklyn Boulevard. The following reasons were cited for the opinion: 1. Additional restaurants along Brooklyn Boulevard will not appreciably interfere with the roadway's ability to handle its traffic demands since restaurant peak trip flows occur, at different times of the day than do existing traffic peak flows. Studies by the transportation studio have shown that family -type, sit -down restaurants generate their greatest number of trips per day before the morning traffic peak, during the "lunch hour ", and after the evening traffic peak. Restaurant uses in the Cl zone will generate the least number of trips during the 4:00 to 5:00 time period. 2. -If only one properly designed curb cut is allowed on the site for entrances and exits, the impact on the traffic flow of Brooklyn Boulevard will be no greater than that of an office development. In fact, it will probably be less because of the pleasing characteristics. Lighting may be properly managed so as to avoid glare on nearby residential property.` 9 -28 -78 -5- 3. On a parcel -by- parcel basis, we do not recommend any additional • C2 zones along Brooklyn Boulevard because of the probability of a strip retail.development phenomona occurring over the next years. t 4. We have surveyed a number of family -type and "convenience food "' establishments in the western metropolitan suburbs and determined that the convenience food establishments limit their seating capacity to no more than 115 patrons, often. to less than 100 patrons. Restaurants of a slightly more formal nature surveyed had, in no instance, fewer than 131 seats. Mr. Weber commented that allowing the restaurant use in the Cl zone would avoid meeting a precedent for rezoning existing residential property along Brooklyn Boulevard to C2, yet would allow the applicant to develop the property as he had proposed, and within the Comprehensive Plan Guidelines, which speak to the establishment of Cl uses along Brooklyn_ Boulevard. An extensive discussion ensued. In response to a question from Commissioner Pierce, Mr. Weber stated that the distinction between "convenience food" restaurants and "family- type" restaurants was made because convenience food restaurants generated more traffic. Commissioner Pierce pointed out that the amendment proposed by the Consultant would establish a minimum number of seats for a restaurant in the Cl zone, but would not prevent convenience food restaurants from being established in that zone, Chairman Engdahl noted the number of parking spaces required by the seating would probably preclude the estab- lishment of con - venience food restaurants in the Cl zone. Commissioner Pierce stated he would rather define the type of restaurant permitted in the Cl zone than a minimum number of seats. Commissioner Hawes commented that it was his understanding that fast food rest- aurants were not permitted in the State of Colorado. He questioned whether it might be possible to limit the type of restaurant use in such a manner. Mr. Weber responded that he was not aware of that situation, but that it might be possible to establish limits on the type of restaurant use. Commissioner Pierce inquired whether the Consultant felt that a restaurant use was compatible with existing permitted Cl uses. Mr. Weber responded that it was felt that family -type restaurants were compatible with permitted Cl uses. Commissioner Pierce noted that if a restaurant use were permitted in the Cl zone, it could be permitted in the R5 zone by special use permit. Commissioner Book suggested that perhaps the restaurant use could_be permitted in the Cl District by special use permit. A discussion ensued relative to this possibility. _Chairman. Engdahl stated that he felt that if the use were allowed in the Cl District, it should be _allowed only as a special use. Commissioner Book pointed out if it were permitted as a special use, the Commission and the Council would be provided an opportunity for close review of each proposal and an opportunity to condition approval. He also noted that Cl uses permitted `by` special use permit in, the -R5 District were subject to certain criteria regarding compatibility with the R5 uses. Mr. Weber pointed out that it was the Consultant's opinion that the provision for Cl uses in the R5 District was not a good planning policy and should be eliminated • from the ordinance. In response to a question from Chairman Engdahl, Mr. Weber stated that the number 130 had been arrived at in view of the fact that all family restaurants surveyed had more than 130 seats. 9 -28 -78 -6- Chairman Engdahl polled the Commissioners. Commissioner Theis stated he was not opposed to establishing family -type restaurant uses in the.C1 District. Commis - sioner Hawes stated he had no objection to the proposed amendment. Commissioner Book stated he was in favor of the amendment and he felt that a family -type restaurant was compatible with the service /office uses permitted by the Ordinance. Commissioners Pierce and Malecki were also in favor of the proposed amendment. Further discussion ensued relative to "fast food" versus "family- type" restaurants. Chairman Engdahl stated he was concerned with providing language which would differentiate between the two types and with establishing special use permit re- quirements with regard to restaurant uses in the C1 zone. Motion to Direct Further Staff Review Regarding a Possible Ordinance Amendment Following further discussion there was a motion by Commissioner Hawes seconded by Commissioner Book to direct further staff review regarding the feasibility of an ordinance amendment which would permit a "family - type" restaurant use as a special use in the C1 district, and which would define the type of restaurant permitted, and to develop standards against which to evaluate a restaurant special use proposal. The motion passed unanimously. Chairman Engdahl recognized Mr. Robert Johnson and Mr. Louis Terzich who expressed their support for a possible ordinance amendment and offered their help in develop- ing a definition to differentiate family -type restaurants from 'fast food restaurants Mr. Johnson stated he would like to review the proposed language with the staff. RECESS The Planning Commission recessed at 10:05 p.m. and resumed at 10 :20 p.m. Brooklyn Boulevard Urban Design Study The next item of business was a memorandum submitted by the Planning Consultant regarding the Brooklyn Boulevard Urban Design Study. The Secretary explained that the Consultant had been requested to provide detailed consultation regarding zoning and land use matters along Brooklyn Boulevard. He stated the consultant proposed to include a special section examining the problems and potentials of Brooklyn Boulevard in the Physical Plan Chapter of the Comprehensive Plan. Chairman Engdahl recognized Mr. Weber who read a memorandum submitted by Peter Jarvis of BRW, Inc. which discussed the elements of the Brooklyn Boulevard study. He stated that BRW anticipates that their review and recommendations regarding Brooklyn Boulevard would be available by February 1979. A brief discussion ensued relative to traffic along Brooklyn Boulevard.. In response to questions from the . Commissioners, the City Engineer explained that approximately 13,000 cars daily utilized Brooklyn Boulevard south of Highway 100 while approximately 30,000 utilized it north of the Freeway. He explained that it was expected that traffic would peak on Brooklyn Boulevard in the near future. Public Input to the Comprehensive and Critical Area Plan Mr. Weber read another memorandum from Peter Jarvis regarding public meetings and Planning Commission meetings on the Comprehensive Plan and the Critical Area Plan. The memorandum included a proposed schedule of public meetings and Planning Commis- sion meetingsat, which the Consultant would be present. A discussion ensued. Chairman Engdahl noted - that Planning Commission meetings were always open to the public and inquired whether there would be any special publicity planned for public hearings on the Plans. The Secretary responded that the notice of the public heari -ngs would be published in the legal newspaper and that notice would also be posted at City Hall. He explained that the public hearings would be scheduled for the Commission study meetings. 9 -28 -78 -7- The City Engineer noted that a public hearing should be held on the Critical Area . 979. a future since he plan was due on January 1 1 Plan in the near fu ur i t , p In further discussion it was again recommended that a special joint meeting between the Neighborhood Advisory Groups and the Advisory Commissions be scheduled for sometime in the near future. Chairman Engdahl thanked Mr. Weber for his presentations on behalf of the Planning Consultant. OTHER BUSINESS:­Appl-i-catfon No. 78010 (Pilgrim Cleaners The next item of consideration was Application No. 78010 submitted by Pilgrim Cleaners. The Secretary explained that the application comprehended site and building plan approval for a drive -in dry cleaning operation in the abandoned service station at 69th and Brooklyn Boulevard. He stated the application had been approved by the City Council and that most of the site work had been completed. He continued that discussions had developed with Mr. Don Rosen of Pilgrim Cleaners regarding what Mr. Rosen felt to be a key item in the operation, providing carhops for his customers. Mr. Rosen had indicated that there had been discussion about providing windbreaks on the pump island area to shelter the carhops as they service the drive -in customers. The Secretary stated that review of the minutes relating to the application and review of the site plan had not indicated any consideration of a windbreak. Mr. Rosen requested the staff to look at the feasibility of allow- ing such a windbreak and had submitted a letter outlining his proposal for two such windbreaks made of "lexon" shaped in a semi - circle and secured by existing four inch posts plus additional 12 inch steel posts to be erected. He explained that there would be a shelf located in the semi - circle area for carhops to write up customer orders and to hold dry cleaning bags. The Secretary explained that the major concern has to do with whether or not the proposal constituted an extension of the business out into the driving area. He stated that the applicant had indicated that the island area would not.be a main work station for the carhops and that there would be no cash registers or other office devices located there. The Secretary stated the Commission should determine whether a formal application would be needed to consider the proposal or whether it could be treated as an amendment to the original application. The Commission reviewed sketches of the proposed windbreak. Chairman Engdahl stated he recalled no discussion of the windbreaks when the application was re- viewed, but that the proposal- seemed practical. Commissioner Theis stated he was concerned that the bags located under the counter might tend to be blown away and litter the site. He suggested that they might be better kept in some type of container. He also suggested that perhaps the bottom half of the windbreak could be composed of an opaque material which he felt would be more aesthetic. The Commission briefly discussed the type of material proposed for the windbreak. Commissioner Book commented that the type of plastic proposed would be subject to scratching. After further discussion, it was consensus of the Commission that the proposed amendment was consistent with the originally approved plan. APPLICATION NO. 78054 (Lund - Martin, Inc.) The next item of consideration was Application No. 78054 submitted by Lund- Martin Inc. The Secretary explained that the original application comprehended site . and building plan approval of a 20' x 20' freestanding lithium storage building on the Medtronics site at 6700 Shingle Creek Parkway, and was recently approved by the City Council. 9-28-78 -8- He stated that a representative of Lund - Martin had contacted the City regarding various minor revisions that they would like to make with respect to the storage building. The Secretary reviewed the proposed revisions which include, not dividing the building in half with a concrete divider as originally proposed, and therefore, not including the two doorways leading into the structure. He stated the appli- cant proposed to have one doorway on the south side of the structure and an exit doorway on the north side. He stated they also felt the elaborate heating and cooling system originally proposed was unnecessary and instead, proposed to use a residential -type air conditioning unit to control humidity in the summertime, and to provide electric heat to maintain temperature control. He continued that for this reason, there would be no rooftop mechanical equipment, and the applicant also proposed to eliminate the parapet originally proposed to screen the mechanical equipment. The Commission briefly discussed the proposed revision and it was the consensus that the revisions were consistent with the originally approved plan. ADJOURNMENT Motion by Commissioner Book seconded by Commissioner Malecki to adjourn the meeting The motion passed unanimously. The Planning Commission adjourned at 11:20 p.m. Chairman d 9 -28.78 -9— PLANNING COMMISSION AGENDA STUDY.MEETING October 19, 1978 1. Call to Order: 8:00 p.m. 2. Roll Call 3. Approval of Minutes: September 28, 1978 October 5, 1978 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 hearings,, the Commission makes recommendations to the City Council. The City 4 Council makes all final decisions on these matters. 5. Discussion Items: a) Comprehensive Plan and Critical Area Plan Review Process b) Participation on Citizen's Community Development Advisory Board. b. Other Business 7. Adjournment i I Agenda Comments: 5 a Comprehensive Plan and Critical Area Plan Review Process Members of the City Advisory Commissions and the Neighborhood Advisory Groups have been invited to the Planning Commission meeting to discuss the procedure for reviewing the Comprehensive Plan and Critical Ar ea Plan from the standpoint input and comments of Commission and Neighborhood involvement as well as citizen in p It is suggested that the Neighborhood Advisory Groups, in particular develop and list areas of concern that they feel should be addressed in the Comprehensive Plan and that this information be conveyed to the City Staff as soon as possible. 5 b I have been requested to poll the Planning Commission to see if any members would be interested in serving on the Citizens Community Development Advisory Board. Each Advisory Commission is being asked to develop a list of interested individuals to be forwarded to the City Council for consideration. It is anticipated that this group would meet approximately four times 'during -the course of the y ear. PLANNING COMMISSION AGENDA STUDY MEETING September 28, 1978 1. Call to Order: 8:00 p.m. 2. Roll Call 3. Approval of Minutes: September 14, 1978 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 hearings, the Commission makes recommendations to the City Council The City Council makes all final decisions on these matters. 5. Planning Consultant's Presentation 6. Discussion Items: a) R. L. Johnson Rezoning Request b) Pilgrim Cleaners c) Lund- Martin Lithium Storage Building 7. Other Business 8. Adjournment AGENDA COMMENTS Item No. 5 Planning Consultant's Presentation • A representative of BRW-will be presenting to the Planning Commission, the first set of materials relating to the Comprehensive Plan and Critical Area Plan. They are in the process of preparing an inventory of activity necessary to designate and describe the existing and proposed location, intensity, and extent of use for all land use classifications in the City and an inventory and evaluation of the physical elements that comprise the Mississippi River (The Critical Area) in Brooklyn Center. The City staff has had an opportunity to review the material, and has made suggestions for revisions including a more inventory of public facilities. The material presented will indicate the to -date results of the inventory, and will also outline revisions to be received in the future, including a number of changes. to various maps. It is also anticipated that the Commission will be discussing the manner in which the City should proceed to receive public input on the Comprehensive Plan and the Critical Areas Plan. Item No. 6a - R. L. Johnson Rezoning Request The City Council has denied Planning Commission Application No. 78032, submitted by R. L. Johnson, .which comprehended the rezoning of the property located on the west side of Brooklyn Boulevard, northerly of Shingle Creek from R3 to C2. The City Council has also directed the Planning Commission to study the feasibility of amending the Comprehensive Plan to allow split zoning on this property, or some - other possible action that might address Mr. Johnson's concerns. Your attention is directed to the August 24,`1978 Planning-Commission minutes (pages 11 through 14) at which time this matter was last discussed by the Planning Commission. It was at that time that the Commission requested further research into the matter and to direct the staff to contact the City's Comprehensive Plan Consultant for further input regarding the desirability of rezoning this property at this time. It is anticipated that BRW will have a suggestion that might be feasible for dealing with this problem. Item No. 6b - Pilgrim Cleaners Application No. 78010 submitted -by 'Pilgrim Cleaners comprehended site and building plan approval for a drive -in dry cleaning operation in the abandoned service station at 69th and Brooklyn Boulevard. This application was approved by the City Council and most of the site work has been completed. I have had discussions with Mr. Don Rosen of Pilgrim Cleaners, regarding what he feels is a key item in the drive -in dry cleaning operation, that being providing carhops for his customers. He indicates that there has been discussion about providing wind breaks on the pump island area to shelter carhops as they service the- drive -in customers. Our review of the minutes relating to the application and our review of the site plan indicates no such consideration of a wind break. Mr.' Rosen has requested the staff to look at the feasibility of allowing such a wind break to protect these employees during adverse weather conditions. He has submitted a letter (attached) outlining his proposal for two wind breaks made of "lexon" and shaped in a semi- circle and secured by existing 4" posts plus additional 12" steel posts to be erected. There would be a shelf located in the semi circle area for carhops to write up customers orders and also to hold various dry cleaning bags. Our main concern has to do with whether or not this is an extension of the business out into the driving area. Mr. Rosen's letter indicates that this island area with the windbreak would.not be the main work station for the carhops and there , would be no extension of the business such as cash registers or other office devices located on the island area. 9 -28 -7$ Page 2 We will be prepared to review sketches of Mr. Rosen's proposal for wind breaks and ask for 'comments from the Commission regarding their recollection of this concept and whether or not a, application would be needed to consider this proposal. Item No. 6c - Lund - Martin Lithium Storage Building Application No. 78054 submitted by Lund - Martin Company consisting of site and building plan review of a 20' x 20' freestanding lithium storage building on the Medtronics site at 6700 Shingle -Creek Parkway was recently approved by the City Council. Mr. Virgil Florhaug of -Lund- Martin has recently contacted us regarding various minor revisions that they would like to make with respect to the.storage building. It is no longer their desire to have the building separated in half 1 with a concrete divider, and therefore, they do not feel it is necessary to have f two doorways leading into the storage structure. They propose to have one door- way on the south side of the structure and an exit doorway on the north side. They also do not feel the elaborate heating and coaling system proposed for the storage building is necessary. ' Rather, they propose to use a residential type_ -air conditioning unit to control humidity in the summertime and also provide electric heat to maintain temperature control. For this reason, there would be no rooftop mechanical equipment, and they desire to eliminate the parapet proposed for the storage building. I have asked Lund- Martin to submit revised sketches outlining the proposed changes, and have indicated to him that the staff does not object to the proposed amendments. I have also reviewed this briefly with the Fire Chief who does not object to the amendments. We wish to briefly review this with the Planning Commission prior to permitting these alterations. 9 -28 -7$ JO HNNY'S INC Dry Cleaning Management 6850 BROOKLYN BOULEVARD PHONE 612/561 -4320 • MINNEAPOLIS, MINNESOTA 55429 September 8, 1978 Brooklyn Center City Hall Subject: Drive In Island construction and tLse, 6850 Brooklyn Blvd. 2 wind obstruction units one on each end of island. Each unit is constructed of 8t x 81, clear, (see through) yexon. The lexon is wrapped in a semi circle and secured by the existing 4 post plus additional 14" steel posts to be erected. A shelf will be placed in each unit to be used by car hops to write customer's ticket in event of adverse weather. The shelf will also hold a customer order bag rack, which is removed at closing time, An overhead canopy containing electric lights will help create a warming effect for customers and car hops. A simple 2 way speaker system between island and counter will be used. Car hop, normally working indoors, attends island only when customer drives up Cash registers are indoors, No _ cash register or any office device will be used on island. Each customers order is removed from island immediately, It is understood, that if the above is approved, that no additional structure or additions will be permitted in the future. Yours very truly Johnny's s , Don Ro s P n� Vi a sident DR: mr Complete "Plant on the Premises " - operations *p 1 „Sr � '� <� . .�# fi: �� " � ` .t' ., n. t r•:"3 "'� ;,.ro,gre. ,�., � � .,, �'* ."f "+�'..•,w�,f', �:' ,.,.- �4'�ii, 9P°T *3.r °°?�. e 1 t � ( , , 4 +'' ati�+s'rFt+€.�"+'.� : , �cY•rh )x �P,.aMaa �.FY:'t 5( �4 'Ri` .., r Yan w,•y II III MR: F 1 r Y ,� ' •c,..,. c^. '� .fix a y � ttT f , 9I F f I' ,... ... �',"; ±ev�*� l"ff. , '!`w �s. Y. � .c.,. �t,� • ,. ,.: r,- ..: . -. _„ *!°� n,e+ '7�' "`3�? .;, �s� � "k . a +..,. �"a 9.�;. '$'°;�'t'.�a'�'o , t } 4 xN " r f t Y lot- _ a s * x..�. .., .:^rvr w.'�xr. -t. .� � m..'4Y� „•a " + +':n �*., fit. r.. r- 3i , -r ., ... s ,:�:-.,,��". rs•a .c >:rs.; ,k *,.....`�` .<-..F ,. k., ., ,+;..:• s 'r �' .a tt* � x :"+fit'.: =fi r "; '"r ,� ;�A»'ro•+ ' ,r 't'aK'..�sAC sq.. � ^, . ', :aif "'.ee:w: f I _" f • i - t MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspection ct. 0 DATE: October 26, 1978 SUBJECT: Application No. 78060 Submitted by Brookdale Ford The City Council, on October 16, 1978, tabled Planning Commission Application No. 78060 submitted by Brookdale Ford and requested further information regarding the status of various landscape improvements approved under Application No. 76054 on October 4, 1976. Application No. 76054 comprehended an addition to the office portion of the automobile dealership and numerous site and landscaping improvements (see attached City Council minutes from 10- 4 -76). One of the conditions of the approval of Application No. 76054 was that a master plan and status of completed work shall be reviewed by the Planning Commission no later than the June 19, 1977 regular meeting and a revised detailed landscape plan shall be submitted for review and approval at that time. A report was made to the Planning Commission in June, 1977 (see attached Planning Commission minutes of 6- 9 -77), but the revised master plan and detailed landscape plan had not been submitted. At.that time, Brookdale ford was in the process of attempting either to acquire or lease the property to the north of the site owned by Northern States Power Company which was to be included in the master plan. Apparently, there was a misunderstanding between Brookdale Ford and Benson -Orth regarding the preparation of the required plans as indicated by a 9 -14 -77 letter to Blair Tremere from David Davenport representing Brookdale Ford (attached). A registered civil engineer was retained to prepare the required drainage plan for the site. It was also indicated in that letter that Brookdale Ford hoped to re- solve the purchase of the NSP property to the north and requested that the project be postponed until the spring of 1978. Brookdale Ford then acquired the property in question and met with Mr. Tremerein late May 1978 regarding commencing with the site improvements. Attached is a copy of a June 1, 1978 letter to Mr. Glenn Lieder of Brookdale Ford explaining the matters that must be addressed prior to the commencement of work. Brookdale Ford submitted the required revised master plan and detailed landscape plan, and it was reviewed and approved by the Planning Commission on July 13, 1978 (see attached minutes). Brookdale Ford began the parking lot and landscaping improvements within the past two weeks.. Planning Commission The City Manager introduced the next item of business, that of Application No. 76054 Planning Commission application No. 76054 submitted by (Brookdale Ford) Brookdale Ford. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76054 and the Planning t Commission action at their September 30, 1976 meeting. He stated that the applicant seeks site and building plan approval comprehending numerous site upgrading improvements and an additions to the office portion of the automobile dealership at 2500 Count _ Y Road 10. He stated that a master plan for the site has been developed comprehending p ing use of the adjacent cent Its P property wh1Ch � may ' Y i n the near future. He explained that the applicant's plan proposed a phased com- pletion of the improvements, most of which reflect minimum • ordinance requirements as to paving, grading, curbing and green areas. He reported that the applicant presently has an Informal agreement with NSP as to the use of the power line - right -of -way which must be formalized either through .acquisitior of the property or through an approved joint parking agreement. He next reviewed a transparency showing the location and configuration of the property and various slides showing the present condition of the applicant's property and the areas proposed for upgrading. He also reviewed the site plans and pointed out the area north of the property which is the NSP right -of -way and explained that the applicant must formalize an agreement with NSP prior to the commencement of site Improvement for this area. In response to an inquiry by Councilman Jensen the Director of Planning and Inspection explained that Phase I calls for the addition of the office area and the installation of a fire sprinkling system in the main office-and service building; Phase II comprehends site improvements, other than those associated with the NSP right -of -way, and the installation of a fire sprinkling system in the body shop; and Phase III involves site improvements 'to the NSP right -of- %%ray area following a formal agreement for the use of this property. He _ stated that the Planning Commission has recommended that the master plan and status of completed work be reviewed by June, 1 97? Y -7- 10!4/76 f { Mayor Cohen recognized Mr. Lieder, representing the applicant, who stated he had nothing further to add to i ,th:: application. A brief discussion ensued relative to the various A required site improvements with the Council acknow- ledging the fact that various plans will be again reviewed In June, 1977. Following further discussion there was a motion by Action Approving Councilman Kuefler and seconded by Councilman Britts Planning Commission to approve Planning Commission Application No. 76054 Application No. 76054 submitted by Brookdale Ford subject to the following (Brookdale Ford) conditions: 1. Building plans are subject to approval by the Building Official with respect to applicable codes. 2. Grading, drainage, and utility plans are subject to review by the City Engineer, and a grading f and drainage plan prepared by a registered engineer shall be submitted prior to installation of the required improvements. 3. A performance agreement and supporting financial guarantee (in an amount to be deter- mined by the.City Manager) shall be submitted to assure completion of approved improvements. 4. All outside trash disposal facilities shall be appropriately screened. .5. The building shall be equipped with automatic fire extinguishing systems per N.F.P.A. Standard No. 13. .. 6. Underground irrigation shall be installed in all approved landscaped areas. 7. The phasing for the installation of site and building improvements indicated on the submitted :plans shall be revised to the extent that required ,r improvements on existing Brockv ale Ford property shall be completed during Phase 1I, notwithstand- ing the possible joint leasing or purchase of the NSP right -of -way property; appropriate site Improvements shall be made on the NSP right -of -way property if it is to be actively used by Brookdale Ford, subsequent to platting or joint parking agreement approvals by the City Council. - 8. The master plan and status of completed work shall be reviewed by the Planning Commission no later than the June, 1977 regular meeting and a revised detail landscap•_ plan shall be sub - mitted for review and approval at that ti.Ir e. 9. A utility easement for water main purposes shall be provided and the desicn for said easement shall be determined by the City Engineer and the applicant. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. 0 - -76 Review of Application In other business, the Secretary reviewed a number of No. 76054 pending items including the status report on the site (brookdale Ford) improvements for Brookdale Ford approved under Anpli- cation No. 76054 on October 4, 1976. He stated that one of the conditions of approval was that this u,onth I a revised master plan and detailed landscape plan would be submitted for review. He stated that the City Engineer and he had met with representatives,of Brookdale Ford and discussed the status of the master plan. He said that it had not been completed pending _ some site engineering data, and it was expected the plan would be reviewed by the Commission at the study l meeting. He commented as to the status of the NSP power line right - -of -way north of Brookdale Ford and stated the old towers had been removed. He said Brookdale Ford was currently in negotiation with NSP • to acquire or lease the property. -5_ 6 -9 -77 Chairman' Scott stated that the arplicant should be informed of the Planning Comnnission's concern that a revised master plan and detailed landscaping plan be submitted for review so that the second phase improvements could get underway as soon as possible. It was the consensus of the Commission that there are numerous site improvements such as curb and gutter, sodding, and landscaping which can be installed at.this time on the east and south portions of the site. Several Commissioners noted that there were severe encroachments of used and `.; new cars on the areas intended for greenstrips { and that this was due primarily to the lack of ' proper delineation through curbing. ` The Secretary stated he would contact the appli- cant as to the Commission's concerns and that the staff would be meeting further with the appli- cant's design engineer regarding the details of the master plan. Motion by Commissioner Foreman seconded by Commis Adjournment sioner Jacobson to adjourn the meting. The Planning Commission meeting adjourned at 11:50 p.m. Chairman 4 June 1; 1978 ' Mr. Glenn Lieder ; Brookdale Ford 2500 County Road 10 Brooklyn Center, 1 55430 ' Dear Mr. Lieder: ' This is to follow up the meeting we had Tuesday afternoon regarding the commence- ment of required site improvements. The two primary points of discussion were your interest in proceeding with securing bids for the site improvements, in- cluding curb and gutter, paving, landscaping,, and underground irrigation system; and our concern that the site engineering plans prepared by Mr. Duane Temple be verified by the City Engineer, and that the site plan approved by the City Council with respect to layout and design be incorporated with that engineering plan for clarity and for future use. We concurred that the following items will be undertaken prior to commencement of work: ¢ 1. Securinq of Bid Estimates. You are going to seek bids on the work mentioned above using the site plan prepared by Mr. Duane Temple. The curbing along the property line at the northwest corner of your site which abuts the property owned by Mr. Charlson and the curbing at the Shingle Creek Parkway entrance may be formed bituminous temporary curbing rather than the required concrete B 6-12 curb and gutter, in recognition that revisions in this area inay be pending. The paving work includes all areas used for parking, driving, and vehicle storage, and primarily comprehends the land i.. Brookdale Ford acquired from Northern States Power Company. All landscaped areas, including perimeter green- strips, shall be equipped with underground sprinkler systems ' and, as noted below, the areas will be defined on an approved landscaping plan. 2. Approval of Si Utilit Gr ading and Drai P City Engineer ; Jim tlerila indicated that the plan prepared by Mr. Duane Temple will be revieared in detail and approved copies will be available for your construction, subject to any consents or revisions which may be necessary. You are to contact + +r. Temple, who will then coordinate with the City Engineering Department as to re- fining that plan. Mr. Glenn Lieder Page.2 June 1, 1978 3. Lands Plan. A detailed landscape plan shall be prepared Based upon the site layout represented on ter. Duane Temple's drawing (See Item 4 below). One of the conditions of your site and building plans in 1976 was that a detailed landscape proposal would be submitted for review and approval by the Planning Com- mission, since the plan submitted by Benson -Orth Associates was deficient in that area. You had a conceptual landscape drawing prepared based on the Denson -Orth site layout, and we had the opportunity to review that concept and suggested, in accordance with the Planning Cormnission's concerns, that additional trees be provided along the southeast frontage adjacent to County Road 10. The landscape tan should be detailed as to uantit species p p o y P and size of the various proposed plantings; and it Mould be 4 appropriate to include on the landscaping plan, a table in- dicating this information as well as symbols showing the location of the various plantings. Sodded areas should be indicated. 4. Consolidation of Site and Lan Plans You indicated that Mr. Duane Temple would be contacted as to preparing a consolidated site plan using as a base his existing drainage and grading survey k (as approved by the Engineering Department). This would in corporate features of the Benson -Orth concept plan showing location of buildings and other :layout features as well as the revised landscaping. . Four copies of this revised consolidated plan should be submitted, and we will present it to the Planning Commission for their review as to the landscaping. - We are prepared to meet with Mr. Temple, or other engineer or architect you may designate, to assure that the proper information is contained on that consolidated plan. The purpose of this consolidation is to incorporate the site planning work which has been accomplished to data onto a single plan which may be used not only for the Inmediate site imRrovements, but also for future site and building plan review which you indicated -would be forth - coming with an addition to the main building. Your cooperation in this ra tter is appreciated, and we Look forward to v,orking with you and your representatives ''in completing the approved improvements and upgrading of the Brookdale Ford site. Questions regarding this may be directed to this office, or to City Engineer Jim t;eri l a. Sincerely, Blair Tremere Director of Planning and Inspection cc: File 76054 cc: City Engineer James Merila V LEONARD E. LINDOUIST L I N D Q U I S T & V E N N U M DARYLE L. UPHOFF , NORMAN L. NEWHALL WAYNEA. SIVERTSAN LAURESS V. ACKMAN - DAVID J. DAVENPORT GERALD E. MAGNUSON MARK R.JOHNSON EDWARD M. GLENNON - 4200 IDS CENTER - 80 SOUTH 8XH STREET RONALD L. ROLLINS MELVIN I. ORENSTEIN - RICHARD A. PR IMUTH. UGENE H. KEATING JEFFREY R. SCHMIDT AMES P. MARTINEAU MINNEAPOLIS. MINNESOTA 55402 KR.ISTINE J. STROM MHARO J. FITZGERALD TIMOTHY H. BUTLER PHILIP J. ORTHUN ROBERT G. MITCHELL.JR. MACLAY R. HYDE - TELEPHONE (612) 335 -66SI STEVEN P. OMAN EDWARD J. PARKER - J. MICHAEL OAOY .,JOHN A. FORREST H EVAN.-J•ALVEY WILLIAM E. FOX CABLE ADDRESS: LIN.LAW J. KEVIN COSTLEY - J.ERROLD F. BERGFALK - NADINE STRO:SSEN WILLIAM T. DOLAN — JOHN C. GOETZb WILLIAM C. MORTENSEN - — ROBERT J. HARTMAN - LEW SCHWART2 — - JOHN H. STROTHMAN WAYZATA OFFICE DAVID G. NEWHALL >KURTIS A. GREENLEY - - - -WAYZATA MEDICAL BUILDING - - ROBERT V. ATMORE _ - — 250 NORTH CENTRAL AVENUE DAVID E. KRAUSE JOHN B. WINSTON _ - WAY2ATA. MINNESOTA 55391 LAURANCE R. WALOOCH - OF COUNSEL THOMAS H. GARRETT III - THOMAS VENNUM HARRY C.. PIPER II! - - ' DENNIS M. MATHISEN September 14, 1977 Mr. Blair Tremere City Planner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota Re: Brookdale Ford Site Improvements Dear Mr. Tremere: Thank you for meeting with me, Don Powell and Glenn Lieder on September 8th. It was helpful to review the status of events concerning Brookdale's attempts to have landscape, grading and drainage plans prepared in accordance with the recommenda- tions and requirements of the Council and Planning Commission. It was unfortunate that Brookdale could not meet the June 1977 deadline that had been requested but it is hopefully now apparent that the delay resulted from Brookdale's expec- tations that Benson -Orth was undertaking to have the plans prepared. Since the plan we presented at the meeting was a topographical survey and did not show the necessary drainage detail required by the City, Brookdale has retained a registered civil engineer to prepare this drainage plan. As you are probably aware by now, the firm of Temple & Associates of Wayzata and Mr. Duane Temple of that firm have been retained. You also should have received by now the landscape plan in tripilicate as presented at our meeting of 8th. L6NDQUIST & VENNUM Mr. Blair Termere City Planner September 14, 1977 .P 2_ We have not closed on the purchase of the Northern States Power property to date pending resolution of certain objections to title. Brookdale, however, is oin forward with their own g g planning pending the sale to determine what use should be made of the NSP parcel and - whether or not further expansion of the existing building and business premises is warranted. It is anticipated that these i P decisions will be made yet this fall and if so it is Brookdale's hope that the entire project could be postponed until the spring of 1978 to coincide with the construction of any new improvements that may be planned. It is my understanding that Mr. Temple has been in touch with Dennis Brown of the engineering staff and that they are making progress toward providing the City with the information required. We will continue to keep you advised from time to time con- cerning the status of Brookdale's expansion plans. Your P continuing cooperation is appreciated. Sincerely, LIN U S & NUM " Q R .David J. Day nport DJD:cam j cc: Mr. Don Powell I MINUTES OF THE PROCEEDI1, OF THE PLANNING CO�fi�ISSIOf� ` OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 13, 1978 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order at 8:05 p.m. by Chairman Gilbert Engdahl. ROLL CALL Chairman Engda.hl, Commissioners Malecki, Jacobson, Book, Havies and Theis. Also present were Director of Public Works James Meriia, Superintendent of Engineering James Noska, Administrative As- sistant Mary Harty, Building Official Will Dahn,` Director of Planning and Inspection Ronald Warren and Planning Aide Laurie Thompson. *: APPROVAL OF MINUTES (PLANNING COMMISSION) 6 -22 -78 Motion by Conm.issioner Malecki seconded by Commissioner Jacobson to approve the minutes of the June 22, 1978 meeting as submitted. Voting in favor: Chairman Engdahl, Commissioners Malecki, Jacobson, Hawes and Theis. Voting against: none. Not voting. Commissioner Book who stated he was not present at that meeting. APPLICATION NO. 76054 (Brookdale Ford) Following the Chairman's explanation the first item of business was consideration of Application No. 76054 submitted by Brookdale Ford. The Secretary stated the item was review of a revised master plan and landscape plan for the property located 'at 2500 County Road 10. The Secretary showed a transparency of the -area and explained the history of the application. He stated that it had been approved by the City Council on October 4, 1976. He continued that one of the conditions of approval was that a revised master plan and detailed landscape plan would be submitted for further revie +rJ. He stated that the status of the matter had been reviewed by the Planning Commission in June of 1977, and that it had been explained at that time that the revised master plan and landscape plan had not yep been "Completed. 'He explained that the-delay was due, in part, to 'negotiations with Northern States Power_Company to acquire or lease the NSP property located directly north of the Brookdale Ford site. He continued that the applicant had acquired the property and was now submitting. site plans for review in accordance with the conditions of approval. The Secretary commented that the revisions were minor and would require review only by the Planning Commission. The Secretary explained that one of the revisions on the master plan called for the eventual closi of the existing.curb cut onto Shingle Creek Parkway. He further explained that the applicant was negotiating the purchase of a triangular piece of property to the northwest of the site and that Brookdale Ford eventually proposes a future access to this property from Shingle Creek Parkway in that area. �.. ' 7 -13 -78 -1- In response to a question from Chairman Engdahl, the Secretary stated that B -.612 curb and gutter was required around the entire site.- He stated that a temporary f rolled bituminous curb,rather than a concrete curb, would normally be recommended in the area where the applicant's property abuts the triangular piece of property in lieu of the possibility that this property might be purchased in the near future by Brookdale Ford. Chairman Engdahl questioned whether it was the applicant's intent to ask for deferral of the installation of the B -612 concrete curb and .; gutter. The City Engineer responded that the plans showed B -612 curb and gutter -for that area, and that the applicant should be questioned as to their intentions. Chairman Engdahl recognized Mr. Don Powell, who represented the applicant, and asked whether the applicant intended to install concrete curb and gutter at this time. Mr. Powell replied the.applicant -did not seek deferral since major revision would be necessary in that part of the site if a curb cut were to be installed. Chairman Engdahl asked whether the underground irrigation system was in place. Mr. Powell responded that it was not, but it was indicated on the plans for the entire perimeter greenstrip on the site. A discussion ensued relative to the landscaping plan. The City Engineer explained that with the original approval of the application, the applicant had indicated. concern with planting trees along County Road 10 and Shingle Creek Parkway because of obscuring view of the display areas. He continued that, because of this concern, i shrubs were indicated for the areas along County Road 10 and Shingle Creek Parkway and trees were indicated on the plan for the east side of the site. Commissioner Theis asked whether the applicant was using that triangular piece of . property at present. Mr'. Powell responded in the negative. Chairman Engdahl asked whether there was an outstanding bond on.the project. The City Engineer responded that a bond had been submitted in the amount of $25,000.00. Th -e City Engineer explained that installation of storm sewer would be required when the proposed curb cut was installed. He further explained that would probably be a cooperative effort with the developer to the north. The City Engineer also explained that replatting of the property was required by City Ordinance because the property consisted of a number of parcels. He stated that Section 35 -540 requires that a common development under common ownership be contained.on a single parcel. Commissioner Hawes questioned when the applicant would install the new curb cut. The City Engineer responded that it would be installed as soon.as the property was acquired. The.Secretary explained that the master plan wasconceptual in nature and should be reviewed again at the time of the development: RECOMME APPROVAL OF APPLICATION NO. 76054 (Brookdale Fo rds Following further discussion there was a motion by Commissioner Jacobson seconded by Commissioner 11alecki to recommend approval of Application No. 76054 subject to the following conditions: 1. .Site grading, drainage, utility and berming plans are subject to approval by the Ci Engineer prior to the issuance of permits. 7 -13 -78 -2- I 2. 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 and shall include the installation of storm sewer with the development of a new curb cut to the north. J . 3. All landscaped areas, including perimeter greenstrips shall be equipped with underground sprinkling systems as approved by the City Engineer. 4. The property shall be replatted as required by Section 35 -540 of the City Ordinances. b. The conceptual master plan shall be subject to further review with future development. The motion passed unanimously., APPLICA NO. 78040 (Michlitsch Builders) The next item of consideration was Application No. 78040 submitted by Michlitsch 'Builders. The Secretary stated the application was for preliminary approval of a registered land survey of the property located at 6637 Humboldt Avenue North. The Secretary showed a transparency of the area and explained that the City Council had approved Planning Commission Application No. 78027 consisting of a master plan for the above property on May 8, 1978. He continued that platting of the property was a condition of approval of that application, and would clear up the existing metes and bounds legal description. The Commission reviewed the preliminary plat. The City Engineer noted that an t ` .. additional 10 foot sidewalk easement should be provided along the east property line. He explained that an easement had been-obtained for walkway purposes at one time,'but had never been recorded against the property. PUBLIC HEARING Chairman Engdahl announced that a public hearing had been scheduled. It was noted no one spoke relating to the application. Motion by Commissioner Theis seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. Chairman Engdahl recognized Mr. Leon Michlitsch, representing the applicant. Mr. Michlitsch stated the applicant no objection to providing an additional 10 ft. easement for walkway purposes. RECOMMEND APPROVAL OF APPLICATION NO. 78040 (Michlitsch Builders Motion by Commissioner Book seconded by Commissioner Nalecki to recommend approval of Application No. 78040 submitted by Michlitsch Builders subject to the following conditions: 1. The final R.L.S. is subject to review by the City Engineer. 2. The final R.L.S. is subject to the requirements of Chapter 15 of the City Ordinances. 3. An additional 10 foot sidewalk easement shall be provided along 'the east side of the property. The motion passed unanimously. 7 -13 -78 _3_ MEMO TO: Gerald G. Splinter, City Manager FROM: Andy Alberti, Building Inspector DATE: October 27, 1978 The following is the result of an inspection.performed at Brookdale Ten October 26, 1978. The items listed will be items shown on an inspection dated September 5, 1978 which have not been corrected as of this inspection. Building No. 3305 Priority No. 3 1. Green area is weedy and has bare spots. 12 -317 2. Exterior wood siding on south side of dwelling is loose. 12 -702 Building No. 3307 Priority No. 1 ` 1 Lower level exit sign at fire wall separation between east and west corridor is broken. FPC -11.2 Priority No. 2 1'. Southwest entrance handrail to lower level is loose. 12 -406 Priority No. 3 1. Green area is weedy and has bare spots. 12 -317 2. Concrete steps at south entrance are spalled. 12 -406 Building No. 3311 Priority No. _2 1. Laundry room window cranks are missing. 12 -709 (Can be opened and have no screens) Building No. 3315 Priority No. 1 1. Building address is missing numerals on southwest entrance. 3 -104 Gerald G. Splinter - 2 October 27, 1978 Building No. 3403 Priority No 2 1. Entrance handrail near apartment No. 7 is damaged. 12 -406 Priority No. 3 _ 1. -Green area is weedy and has bare spots. 12 -307 Building No. 3409 Priority No. 3 1. Siding is missing from west exterior walls. 12 -702 2. Siding is damaged on east exterior walls. 12 -702 Building No. 3413 Priority No. 3 1. Laundry room window screen is missing. 12 -703 2. Fence section is missing at the west end of parking area. 12-706- 3. Green area is weedy and has bare spots. 12 -317 Building No. 3417 Priority No. 2 1. Corridor wall is cracked on third level near northwest exit_ door. 12 -704 Priority No. 3 1. Northeast sidewalk is deteriorated. 12 -708 Building No. 3421 Priority No. 2 1. Loose handrail at northwest stairway to second floor. 12 -406 Building No. 3425 Priority No. 3 1. Green area is weedy on south side of building. 12 -317 Gerald G. Splinter -3 October 27, 1978 Building No. 3429 Priority No. 1 1. Building address numerals are missing on northwest entrance. 3 -104 Priority No. 2 1. Loose handrails northwest stairway first level and north - east stairway second level. 12 -406 Priority No. 3 1. Green area is weedy and has bare spots. 12 -317 The following items are items that were noted on my September 5, 1978 inspection which were new items found on this inspection and.are shown on the September 11, 1978 compliance order hand delivered to Mr. Rozman and John. Building No. 3307 1. Stairway fire door on all levels have inoperable door closures Building No. 3409 1. Lower southwest door into corridor has inoperable closure. Handrail down to lower level is broken. 2. Corridor light near apartment No. 102 has missing bulb and socket. 3. Lower level, first floor southwest corridor fire door has inoperable closure. Building No. 3413 1. Northwest stairway lower level exit door corridor has inoperable closure and damaged door. Building No. 3417 1. Southeast stairway has loose handrail up to second floor. 2. Missing fire extinguisher second floor corridor at southeast exit door near apartment No. 210. Building No. 3421 1. Northwest entrance door down to lower level has handrail missing. Gerald G. Splinter -4- October 27, 1978 GENERAL REQUIREMENTS FOR ENTIRE SITE. 1. Repair or replace all damaged or missing fence sections, and screen walls along west property line and along north property line. 2. Assure all buildings are properly addressed in accordance with Building Code. 3. Repair parking and driving areas, as needed., where deter - ioration, pot holes, and poor drainage are evident. 4. Inspect, repair, and paint building exteriors as necessary. - 1 r, Tickler Date MEMO: CITY OF BROOKLYN CENTER To Gerald Splinter, City Manager Dace October 27, 78 From Ronald Warren, Director of Planning and Inspectio►y' Re: Brookdale Ten Apartment Complex We have not yet received any information from Bennie Rozman or John Healy regarding a plan for dealing with the Brookdale Ten Apartment complex. We met with Rozman and Healy on Monday, October 23, 1978, and they indicated that they would attempt to get this information to us by Friday so that it could be forwarded to the City Council with the agenda material. AVOID VERBAL MESSAGES Tickler Date E CITY OF BROOKLYN CENTER To Gerald Splinter D October 31 197 From R d Warre Re: Srookdale Ten Apartment Complex Work'Plan and Schedule of Repairs Attached is a typed copy of the work plan and schedule of repairs submitted by Bennie Rozman and John Healy at last night's Council meeting. It is our intent to conduct inspections at least on a quarterly basis through the August 31, 1979 extension date of that license, AVOID VERBAL MESSAGES w r } } n i October 30, 1978 BROOKDALE TEN, FALL 1978 1. Building 3307. Repair concrete steps (South). 2.. Building 3315. Install new step (North). 3. All buildings. Replace building numbers with red plastic ones on canopies. 4. Southwest Parking Lot. Repair low spot. 5. Trim shrubs as needed.` 6 Trim trees as needed. 7. Repair gutters and drainspouts as needed. BROOKDALE TEN, WINTER 1979 Interior Maintenance of Buildings. 1. Repair hall door closers. 2. Repair or replace all exit signs. 3. Re p iar holes and cracks in walls. 4. Paint halls as needed. 5. Recarpet halls as needed. 6. - Stain wood trim in halls. 7. Repair stair handrails as needed. 8. Repaint laundry rooms. Stain woodwork. 9. Enclose electric service panels. 10. Clean and paint all boiler rooms. 11. Try to cure hot hallways. 12. Replace apartment door numbers as needed L BROOKDALE TEN, SPRING 1979 1. General.. Parking lots center _island. Remove rock. Install black dirt and sod. 2. Plant shrubs as needed. 3. General Repair of lawn as required. 4. Have green area sprayed for dandelions, weeds, etc. 5. Start construction of new garbage screening areas. 6. Fences along outside edge of parking lots. Possible dirt hills with shrubs, 7. Building 3417. Repair northeast sidewalk: 8. Repair parking lot as needed. 9. Excavate around building to aid drainage, BROOKDALE TEN, SUMMER 1979 1. Building 3305. Replace siding on south side of buildings. 2. Paint Building 3305. Stain balconies. 3. Replace siding on east, west walls of Building 3409., 4. Paint Building 3409, stain balcony. -- - 5. Continue work on rubbish screened area.- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant' , DATE: October 24, 1978 SUBJECT: Brooklyn Center Community Development Citizen Participation Plan As a requirement of the Community Development Block Grant Program, applicants I for funding must provide citizens with an adequate opportunity to participate in an advisory role in the planning, implementing and assessing of the Community Development Program. In so doing, the applicant must provide adequate informa- tion to the citizens, hold public hearings to obtain the views of the citizens and provide citizens with the opportunity to comment on the applicant's Commun- ity Development performance. As a participant in the Urban County, it is the responsibility of the County to provide for the citizen participation requirement. However, at the local level, it is required that the City hold at a minimum, two (2) public hearings. It has been the Council's inclination to allow for a greater degree of participation in the development of the City's Community Devel- opment Program. ® On October 11, 1978, an administrative public hearing was held to receive public comment relative to the development of a citizen participation plan. It was the consensus of the citizens who attended that meeting, that a citizen's advisory committee should be formed. Further, that each of the existing citizen's advisory commissions be represented on that committee with seven (7) at -large represen- tatives. The seven (7) at -large representatives would assure representation of each of the neighborhoods in Brooklyn Center. In total, there would be twelve (12) representatives on the Community Development Citizen's Advisory Committee. Selection of committee representatives was a.lso discussed at the public hearing. Again, it was the consensus of the group that each of the existing commissions submit the names of individuals interested in serving on the committee for the Council's consideration. The at -large people would then be selected to fulfill the requirements of the Community Development Act and the citizen recommenda- tions proposed at the public hearing. The attached plan meets the citizen's participation requirements established by the Department of Housing and Urban Development. It also reflects the desires of the citizens who participated in the October 11, 1978 public hearing with one (1) exception. I am recommending that only nine (9) individuals serve on the committee as opposed to the twelve (12) suggested at the hearing Neighborhoods were defined by using the existing boundaries of the neighborhood advisory com- mittees to the Planning Commission. I am concerned that should the plan call for twelve (12) committee members, we could not fill those seven (7) at -large positions in an expeditious manner. In the next two months, this committee -will be involved in a great deal of work and preparation to be able to make its rec- Mr. Splinter -2- October 25 , 1978 ommendations for the Council's consideration in December. The concerns of the citizens expressed at the public hearing can be met by recognizing that the Commissioners selected to serve on the committee will also represent the neighborhoods in which they reside. F i i MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: October 25, 1978 1 SUBJECT: Committee Appointments The five (5) Council Advisory Commissions would like to submit the following names for the Council's consideration for appointment to the Community Development Citizen's Advisory Committee: Planning Commission William Hawes Park and Recreation,Commission Michael Schroeder Conservation Commission - Barbara Jensen Housing Commission - Ray Haroldson* Rev. Bob Cilke Dolores Hastings Human Rights Commission - Edith Johnson • Joyce•Tolve Jerome Campion Jayne Kuhar *The Housing Commission is recommending Commissioner Ray Haroldson for appointment to the committee. FFOFFICE OF PLANNING & DEVELOPMENT i E''" A-2308 Government Center Minneapolis, Minnesota 55487 . 348-6418 E.� HENNEPIN October 26, 1978 Mayor Dean Nyquist 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Nyquist: Pursuant to recent HUD Notice (CPD 78-26) , Hennepin County wishes to inform you that participants in the Urban Hennepin County Community Development Block Grant Program cannot make application for a discre- tionary balance grant. This general rule has been in effect since program inception and has not caused any problem in the Urban Hennepin County program. It has always been maintained that an allocation through the Urban County entitlement was a more beneficial way to proceed in the use of Community Development funds than competing for a discretionary grant. Sincerely, Robert Isaacson Staff Planner RI:cje cc: Allen S. Lindman, Clerk HENNEPIN COUNTY an equal opportunity employer MEMORANDUM: TO: All City Advisory Commissions and Neighborhood Advisory Groups FROM: Ronald A. Warren, Director of Planning and Inspection SUBJECT: Comprehensive Plan and Critical Area Plan Review and Public Input Process DATE: October 19, 1978 At this evening's Planning Commission meeting we plan to present a suggested format for review of the Comprehensive Plan and Critical Area Plan. The City has retained the consulting firm of Bather, Ringrose, Wolsfel.d-, Jarvis and Gardner, Inc. (BRW) to provide special planning services for the development and preparation of both these plans. A breakdown listing the various major sections of the plans (Inventory, Policy Plan, Physical Plan and Implementation) and their major components is attached. BRW to date has presented the basic rudiments, that being the Inventory and Analysis of Existing Conditions in Brooklyn Center for both the Comprehensive Plan and the Critical Areas Plan. Certain revisions and additions to these sections have been requested and are forthcoming. A flow chart showing the process and the appropriate dates for presenting the major sections is also attached. It is the City's intention to solicit and encourage as much input and feedback as possible from Advisory Groups and interested citizens, keeping in mind the imposed time restrictions. It is suggested that the various City Advisory Commissions review and comment on the various components and elements dealing with their area of expertise. These elements will be forwarded to these groups through their Commission Secretary. It is also suggested that the Neighborhood Advisory Groups review their particular - neighborhood and develop a list of concerns or problem areas they feel should be reviewed and addressed to in the Comprehensive Plan. These areas of concern could deal with land use, housing, transportation etc. It is hoped that this list could be developed and forwarded to the City staff within the next few weeks to be incorporated into the process at an early date, The Critical Areas Plan is .to be completed and submitted to the Metropolitan Council by January, 1979. Because of this deadline it is our intent to emphasize the review and input for this document within.the next few months. We have made copies of the information received to date which includes the Inventory and Analysis of Existing Conditions and the Goal and Policy Guidelines and are asking the Park and Recreation Commission, the Conservation Commission, the Northeast Neighborhood Advisory Group and the Southeast Neighborhood Advisory Group to review and comment on this information. A public hearing on the Critical Areas Inventory and Policies will be held at the November 16, 1978 Planning Commission meeting. At the December 14, 1978 Planning Commission meeting, it is anticipated that a public hearing would be held regarding the Critical Areas Physical Plan and Implementation Plan. Page Z A suggested public hearing schedule for the Comprehensive Plan and its major section is as follows: November or December, 1978 - Inventory and Policies March, 1979 - Land Use, Public Facilities and Housing August, 1979 - Implementation Plan September, 1979 - Complete Document The above schedule is tentative and there may well be opportunities for additional hearings. Throughout the process the Planning Commission and the City Staff w i l l welcome input and comments from Advisory Commissions, Neighborhood Advisory Groups and interested citizens regarding the plans and also encourages each of these groups to solicit other input as well. This evening -'s meeting should also be devoted to a general "brainstorming session with the groups in attendance for other suggestions on how to proceed with the review and public input process for these plans. t BROOKLYN CENTER COMPREHENSIVE PLAN 1. INVENTORY Comprehensive Plan • Projections 1980, 1990, 2000 (Met. Council data) - population - households - by income level if possible - persons per household - employment • Natural Environment - lakes and streams ground water sensitive soil conditions and /or steep slopes - significant vegetation - geology - watershed definition s Land Use and Housing existing development in acres by land use type _ - undeveloped land by zoning classification (in acres) total_ number of dwelling units by type - tenure of housing (owned vs rented) costs and rental ranges of housing - number of existing and proposed subsidized housing units - housing assessed valuation pattern building condition analysis o Fiscal Condition s State Auditor's Report - 76, 77, 78 e Public Facilities - Location, Function, Capacity - water and sewer (storm and sanitary) lines and metro lift stations /connections - transportation - parks and open space fire protection - police protection - municipal buildings - public facilities maintenance Critical Areas Plan - Mississippi River • Inventory and Evaluate Physical Elements - shoreline geology shoreline soils and slopes - shoreline vegetation - water level fluctuation; HUD flood plains - erosion conditions (including beach analysis) - utility crossings (existing and proposed) - views to and from river - recreational opportunities (existing, proposed, and potential) public marinas and boat launching sites o Evaluate and document problems and opportunities - scenic overtook development opportunities - river surface use and conflicts - Great River Road and related facilities marina development - public access to shoreline and river surface - high rise buildings - PCA Noise Control Standards for Park and Recreational Areas 2. POLICY PLAN Comprehensive Plan • Community goals • Natural environment - objectives policy guidelines • Land Use and Housing - objectives - policy guidelines • Transportation - objectives - policy guidelines • Community Facilities - objectives policy guidelines Critical Areas Plan • Vegetation • Soils and slopes; beaches • River surface use • Public access • Facility development • High structure locations • Scenic overlooks • PCA Noise Standards NOTE: Residential objectives and policy guidelines in the Comprehensive Plan • must include the following: - numerical goals for market rate and subsidized housing units. policies in these areas: - low and moderate income housing - market rate housing - maintenance, rehab, and redevelopment - residential development and land use 3. PHYSICAL PLAN Comprehensive Plan • Land use /natural environment residential commercial - industrial s Transportation - roads - parking - pedestrian /bikeway system - transit • Public Facilities - parks - open space, lakes, streams - government buildings schools j Critical Areas Plan i ® Open space and public access e Local river trailway plan s Public marina and boat launching facilities IMPLEMENTATION Comprehensive Plan Analyze existing controls (zoning, subd. regs.), capital improvements program, and housing program. Analyze existing State and Federal program resources. • Update and revise Zoning Ord. and map if necessary. ® Housing Implementation Plan Analyze housing situation - housing type, cost, and condition - residential land use and availability - relationship to adjacent communities and Metro area relationship to Met. Council plans and policies - Describe all public programs, fiscal devices, and other actions which should be used by the City to address the following housing needs: - low and moderate income housing - market rate housing - maintenance, rehabilitiation, and redevelopment of housing - residential development and land use e Capital Improvements Program - transportation _ - water and sewer - open space Critical Areas Plan Develop the necessary regulatory mechanisms to implement the following plan elements and policy statements: - .flood plain management - site lannin management P 9 9 - site alteration management - beach and river bank control existing vegetation management noise control siting and structure location control - sign and advertising.control - water surface use control utility crossing control 7 L Y N C ENT EXHIBIT D tL'IPEHENSIVE PLAN UPDATE/ MISS ISSIPPI �r -, pp�ryV� iEpt$'.T�y� 1fp•t �� t/ � y ' g q -, MISSISSIPPI eIVE CRITICAL. AREAS PLAN BATHER, PINOROSE. WOLSFED. JARVIS. GARDNER INC. . M:NNEAPDUS. MINNESOTA LIJ �.r�r� aarXrrrle re•�AS9� • reams iMYI•TOAYIP40.1CCTi0M DATA BASE DEVELOP LAND USE PLAN ELEMENTS - ACTIVITIES INVENTORY AND • pnysiui Cawlnonf .REPRISENTATIpI ASSESSMENT FDA DEVELOP 3M►tCMCNTATIOh PROGRAM Q Mrentery and Analysis r Land end water use Policies Imp"MENTATION PROGRdie IRS • Ne•{InR i•piarMtetf•n rr•BreM and Plans . 0 • Stet.stful Oete • NRCOric end Environmental • Ca►1ta1 1•►nre"At ►raper ' OXwataNWlryKtters Protection ►oticles ono Pis.$ , i • Maas f.B Pei icf•S end PI.AS Z _ • Alrport I.O.Ct Polities end Plant CI) ANALYSIS OF DEVELOP PUBLIC FACILITIES PLAN 1 Z EXISTING DATA ELEMENTS ,. LIJ r • Dat.-i" • Neste control Policies and Present Uses tiem Li and rroJrct cc I P 1 a cIII ab tc • Perk AM Open Specs Policies Ncl llty Head{ •�« end vtem • Conpf to Pabl lc • Transportation Policies .641 Facslsti•t plans 4 Analysta I 1 \rTVTJRt AN9 DEVELOP. CRITICAL [s A;„it 10\ OF ARIA POLICY STATEMENTS i RIPER IPIIiIAL Z AACA C044l DOR 1 Z • Critl Cal Aran 'Q On" it Ela•ents .( — j ftsl.waa of Poteotsels t J DEVELOP CRITICAL AREA PLAN ELEMENTS FCAPITAL PARE E EAR n P • 1 • UPa• 5 ce client on an0 Pabl le RO o Q Access Protection plan ROGRAM MEXTS - J • Local RI... TrellMey rlen PROGRAM 1 o f • Public MIT..$ end Beat Laaechfoq '( W Few lty plan 1 1 DEVELOP REGULATIONS } N -)Jre e The Minnesota Critical Areas Program, established by the Minnesota Legislature in 1973, is a process of planning and management whereby local governments, Regional Development Commissions, and State agencies- can cooperate and work together through the State Environmental Quality Board (E.Q.B.) to plan for the wise use and management of a land area of more than local interest. The program stresses the importance of determining the most appropriate use of land areas, considering all relevant factors and State- - wide interests. The program is intended to be applied when the extent of land area or population affected, the great variety of resources that may be Involved, or* the number of issues or agencies included cannot be adequately handled by the local communities' trac,,tional planning methods or single resource State agency programs. Each critical area has objectives established for it by the E.Q.B. after the E.Q.B. receives suggestions at public hearings. Technical and financial assistance then becomes available to the local units of government to assist - them in their Critical Area planning process. In November, 1976 Governor Wendell Anderson designated the Mississippi River Corridor through the Twin Cities Metropolitan Area as the second of the State's Critical Areas. This designation was initiated by a Citizen's League committee which had studied the river corridor. After a series of public hearings the following objectives of the Mississippi' River Critical Area we -re established by the E.Q.B.: 1. Protect and preserve this unique and valuable resource for the benefit of the health, safety, and welfare of the citi— zens of the state, region, and nation; I 2. Prevent and mitigate irreversible damage to this resource; 3. Preserve and enhance its natural, aesthetic, cultural, and historical value for the public use; 4. Protect and preserve the river as an essential element in the national, state and regional transportation, sewer, water, and recreational systems; and S. Protect and preserve the biological and ecological functions of the corridor. To Implement these object ivcs, two broad guidelines were adopted for pre f paring local plans and regulations. They are: 1. The Mississippi River Corridor shall be managed as a multiple purpose resource -by; a. Maintaining the river channel for transportation and pro— viding and maintaining barging and fleeting areas in appropriate locations consistent with the character of the river and the riverfront; b. Conserving the scenic, recreational, mineral, economic, cultural, and historic resources and functions of the river corridor. c. Providing for the continuation and the development of a variety of urban uses including industrial, corirnereial, and residential uses, where appropriate, within the river corridor. d. Utilizing certain reaches of the river as a source of water supply and as a receiving sewage and industrial waste effuents. 2. Land within the Mississippi River Corridor shall be designated for planning purposes as one of the following:. a. Rur.al.Open Space District b. Urban Diversified District ` e. Urban. Developed District d. Urban Open Space District (Brooklyn Center is included in the Urban Developed District. The lands and waters within this district are reconfrnended to be maintained largely as residential areas. The expansion of the existing and the development of new industrial, comner -- cial, and other non -- residential uses should be limited to preserve and enhance the residential character of this district.) These general guidelines ar.e accompanied by specific guidelines which ask for Inventories of existing natural systems and 'the creation of regulations to protect these resources or to protect the public from the adverse effects of altering these resources. Upon their completion, other plans and regulations prepared by the local unit of government for the Critical Area are submitted to the applicable Regional Development Commission for review. The Commission's comments are then forwarded to the Environmental Quality Board for its approval or request for s modlfi.cation. After approval of the plan by the E.Q.B., all regulatory administration and enforcement is performed by the local unit of government. No additional layer of y governmental review is maintained by the E.Q.B. No now governmental authority is developed for Issuing building permits. Inverti. d N 4r CO;­! ' qd ` g ` 1OknO r% Shoreline Soils and Slopes The Soil Conservation Service (S.C.S.) of the U.S. Department of Agriculture has mapped the soil types in the City of Brooklyn Center only north of 66th Street. The soil types which compose the western shorline ' of the Mississippi River in Brooklyn Center north of 66th Street have been classified by the S.C.S. as being primarily two types: Becker fine sandy loam and Duelm loamy sand. Both of these soil types have good stability but are subject to occasional flooding. A slope of about sixty degrees exists along almost the entire length of river shoreline in Brooklyn Center. The only part of the shoreline which does not have a steep slope is that segment between the boat landing area in River Ridge Park (immediately south of the Interstate 694 bridge) and 65th Avenue. The change in elevation across the slope is 20 to 30 feet. No serious erosion problems were noted on the river bank, however, upon visual inspection of a number of locations by the Consultant. This topsoil stability is probably a result of the thick vegetation which covers the slope and also 'the fact that much surface water runoff is captured by the nearby roads and storm sewer system. Shoreline Vegetation Major vegetation along this segment of . the western shoreline of the Mississippi River is limited primarily to the sloping riverbank. In only a few areas along the river in Brooklyn Center does the thick tree cover still extend away from the riverbank to any substantial degree. Along the incline of the riverbank, a thick growth of bushes and grasses accompany the tree cover. Tree types consist primarily of Elms, Maples, Cottonwoods, and Ashes. Figure 1 indicates the location of the major tree cover along the river. W ater Level Fluctuation The land's sharp rise in elevation along the Mississippi Riser in Brooklyn - Center protects most of the existing sturctures from water seepage or flooding resulting from annual or periodic high water levels. There are two areas which do not receive the benefit of this bluff and are, thus, subject to flooding during 100 —year flood conditions, as experienced in 1965. The location of these areas, identified In Flood Protection Continrency Plan (1975), are Indicated in Figure 1. A total of seven resi— dential structures in these areas have walk --out basements below the projected 100 —year flood elevation. Existing Recreational Opportunities Public recreational opportunities involving use of the riverbank are pre-- . sently limited to River Ridge Park, owned by the City of Brooklyn Center. This narrow parcel of land located between the river and U.S. Route 169 contains an unpaved access road leading to a boat landing; a foot trail from the landing area brings one to a small picnic area with a table and charcoal grill. The trail continues through the length of the park, up the slope to the top of the bluff. The entire park area is heavily wooded.- The City Parks and Recreation Commission staff has prepared plans for upgrading the foot trail and developing additional picnic .and seating areas. The boat landing and a few other locations along the foot trail in River Edge Park are the only places where the public may obtain a view up, down, or across the river. In Seneral, the river- is well hidden from public view because of the extensive amount of private land holdings and residential development along the riverbank. The boat landing in River Ridge Park is the only landing available to the public along the Mississippi River in Brooklyn Center. 2 i a 1 • L %..f %.4; n d R �y Public access to the shoreline and water surface of the Mississippi• River in Brooklyn Center. is quite restricted and, thus, a great limitation to the . public use and enjoyment of the resource in this area. Few opportunities exist in Brooklyn Center for the development within the foreseeable future of additional public access to the river due to the ` extensive, existing private residential development along the river bluff. River Ridge Park should be developed as planned by the City's Park and Recreation Commission. This park should be utilized to allow as much public enjoyment of the Mississippi River as possible without degrading the existing amenities. The only opportunity for the public to gain access to or from the river with boats is at the existing landing in River Ridge Park. Private land ownership �' • and the steep riverbank prevent the development of -public landings elsewhere along the shoreline in Brooklyn Center. The boat landing and access road in -River Ridge Park should be paved to better utilize these facilities. U.S. Route 169 in Brooklyn Center has been designated as a segment of the Great River Road, a series of highways forming a national scenic, cultural, and- historic drive along the Mississippi River from its source to the Gulf of Mexico. The use of U.S. 169 as a scenic drive through Brooklyn Center is quite limited since the motorist is unable to see the river at all along this stretch without getting out of his /her car. Conflicts between uses of the river surface in this area are not significant since both industrial and recreational uses of the river are not intense. Both• activities retain 'the possibility of using the river without Interference from the other. There are currently no high --rise residential or office buildings along the river In Brooklyn Center. The development of such uses here in the fore— seeable future is extremely unlikely due to the existing single — family residential development and the extremely small lot sizes. The Minnesota Pollution Control Agency has established recommended limits for noise levels in parks and recreation areas. Those limits are very likely • exceeded now in River Ridge Park, although no noise level readings have been taken. The planned extension of Interstate 94 along the western edge of this s � park will probably only serve to heighten noise levels. No noise barrier walls or earthen berms are planned to be built by the Department 'of Transportation between the new segment of expressway and the park. Critical Area Plan 1. Inventory of Existing Conditions: - Point out that River Ridge Park is not technically considered as park land (and why) - Upgrade utilities information 2. Development Opportunities - Discuss further the feasibility of highrise housing development along the river - Analyze further the feasibility of pedestrian /bicycle trails along or across the river - Discuss the feasibility of the use of the river as an airplane l an 'i ng. location T v i ..i 4"; top Critical Area Plan Figure 1, Critical Area features: 1. The printing registration of this map will be improved. Figure 2, Development Opportunities: 1. A sewer system lift station will be indicated along the river at 55th Avenue. � 2. A city -owned parcel will be indicated along the river three parcel north of the southern City boundary. 3. The match line will be improved. ' t { �- .���1„t � wb._�. , I ! � t.. ^i ,. =�,- .. -�1 __ _ _ -•� I _- ,// 1.... . f/ F V K �/ O *. �� .'^+ J LiT R � Qom' r , +, -�^�• __ 4,•• s jj F � v • • S �� s •S ruw. ` •y ' � ' :) �!''�+ 4 - Y � I � �. .•9 •- ...yam,. L °� +` �� I ' 9 a" s �$ till 1111 ftD z ti _ D RNAM i � S�APd ! $ BROOKLYN PARK } \ J ,� � �� ?r � �"rirZf•'GY'U Yri i. �• 2W ..Ntta1I.L�/.e...J:.w..r.riiir - �.tMw l.+aiWY.wYai'wl..r.� �'• ' { - - -- Pa z r y [rT lei ol � -�• ti� r a� y '; !M r �! �t ♦ r ,. 5� r......:'\ " '"Rs = �^an`�bMr.'.J:'�"s� , � __ { 1 ;,= >• � 4 Ti .,�.\ I i � , y-� ` ' e. '':- `^�„r , .. , `M - - -' •- - ..:: :. � �/ � e �jc- �� .� ����� u . ��. 1 !+ �r �zw `. �. .r:.m -r,•,t .rV.W, w .ow = -�•-- `,�"_ _ =1 =ice w � - * i + G4 1 U le cz d fT; vw+ r d 0 .....4 ,.? • t � � i r`\ 1 � h' \�, `� �` +� � t'► �� GS a t G. !�.i qP" �./ .�'" :..''.'.'] i i.+... V O0 � PRO 6 1 , cu �.+- L- L.L.Li 11 ! tt 44 1 cs�:. /..: • .�}- -' - 1 rr�TtTI 1 TITI t� r r I r rr-,- rm ` U tr— ou %d�'i C", !a nrn s r The following is the overall goal and the policy guidelines for the future use of land and public facilities in the Mississippi River Critical Area. Overall Goal Preserve and enhance the residential character of the Mississippi River Critical Area neighborhoods. Explanation: This goal is based upon the recorrmendation by the Environ— mental Quality Hoard that lands within the Urban Developed District shouid be maintained largely as residential areas and that non — residential uses should be limited. Pollcy Guidel 1. Maintain the existing R -1. zoning in the neighborhood north of Interstate 694. 2. Restrict the zoning in the neighborhood south of Interstate 694 to the R -2 classification. f} 3. Restrict the Conmer'cial zoning in the northern neighborhood to its pre s • sent locations. 1 4. Deveio River Ridge Park for �( P g passive recreational activities such as hiking, viewing the river, picnicing, and fishing. 5. Restrict boat launching from River Ridge Park to its present location In the park. 60 Develop safe, pleasant means of access to River Ridge Park from the Southeast Neighborhood for pedestrians and bicyclists. 7. Upgride and maintain the surface of the road and parking area in River Ridge Park for all all— weather use. 8. Develop regulations to prohibit general advertising signs within view of the river. 9. Develop regulations for the management of vegetative cutting along the z river. 10. Encourage the Minnesota Department of Transportation to minimize the . Impact of its upgrading of T.H. 169 roadway. Actively discourage any -major encroachment upon this neighborhood by an upgraded T.N. 169 Yoadway. M & C No. 78 -30 October 27 1978 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Proposed 1979 Legislation To the Honorable Mayor and City Council: At - the last City Council meeting I reviewed - the general areas in which the City Council over - the past year had expressed an interest in seeking legislative change. The following is - the review in writing of -the s e areas as requested. Over - the years - the City of Brooklyn Center has operated an HRA under a law which has not been as clear as 'the Housing Commission and the Council would like It is not clear in - the law as - to whether or not the Housing Commission can do certain projects such as scattered site housing redevelopment and other projects. I have been asked - to research - this area, and I have worked with Mr. Holmes, an attorney who has completed -the attached review of our HRA law. Using this as a base it would be easy to develop a comprehensive modification of the existing statute. The Housing Commission will be considering - this report and will be recommending legislation. proposed leg 1 . Secondly, an issue which has received considerable attention is :that of binding arbitration. The Brooklyn Center City Council has gone on record as opposing binding arbitration and are in favor of giving - the police officers - the right "to strike. However, because 'that particular approach is not likely - to meet with any kind of favorable reception before -the Legislature, the Council has indicated support for a modification of - the existing PELRA act to allow for final issue item -by -item arbitra- tion rather than - the general unrestricted arbitration which exists now. Under this proposed system the arbitrator would have - to choose between specific positions of each party- -labor and management - -on each item of dispute. This would narrow his ability to make judgments A - third item considered was raised during the - time we set up sewer rates 'this year. At - the - time there was some interest on the part of 'the Council to consider elements other -than actual cost of service to a given customer in setting utility rates. The City Attorney rules that the basis of utility rates must be cost of service rather than consider such things as income, handicap, etc. The City Council asked, and we can prepare, permissive legislation which will allow municipalities to consider factors other than cost of service. The City Council also indicated it wished to seek passage of enabling legislation to allow communities - to self insure on a joint powers basis rather than require they buy insurance - through normal carriers. Because of the rising costs of insurance in various areas, this seems to be a reasonable competitive alternative to paying the current extremely high insurance premiums. M & C No 78 -30 -2- October 27, 1978 If the Council wishes - to proceed further in - these general areas of legislation, the City Attorney and I can be instructed - to prepare proposed legislation on - these subjects for submittal 'to 'the Legislature for their consideration. R ull submitted, Gerald G plinter City Manager CITY OF BROOKLYN CENTER E ' Attorneys at Law JAMES S. HOLMES HOLMEs, KiRCHER & GRAVEN ROBERT E. KIRCHER J D A VID L. GRAVEN MES A G'td5 REYER CHARTER GARY L. STENSON LARRY M. WERTHEIM 4610 IDS. Center, Minneapolis, Minnesota 55402 - JOHN M. LEFEVRE, JR. JOHN M. UTLEY Telephone 612/371 -3900 KENDRA G OWDY GJERDINGEN 9 August 1978 - Mr. Jerry Splinter I City Mangager City of Brooklyn Center Brooklyn Center, Minnesota 55429 RE: HRA Powers Memo Our File too. BR235 -002 Dear Jerry: Enclosed find a letter generally outlining the powers of HRA's under the Municipal Housing and Redevelopment Act. I have been a little perplexed over how specifically you wanted to get into possible programs, but decided that perhaps working from a general "overview would be most beneficial. If you want additional information or would like to deal with the specifics of these programs, please call me. Very truly yours, = J', AS HOILLMES JSH:gtc Enclosure �l Attorneys at Law JAMES S. HOLMES HOLMES, KIRCHER & GRAVEN ROBERT E. KIRCHER DAVID L. GRAVEN IAMES Orris REYER CHARTERED GARY L. STENSON LARRY M. WERTHEIM - - 4610 IDS Center, Minneapolis, Minnesota 55402 - JOHN M. LEFEVRE, JR. - JOHN M. UTLEY KENDRA GOWDY GJERDINGEN Telephone 612371 -3900 j August 8, 1978 Mr. Jerry Splinter City Manager City of Brooklyn Center Brooklyn Center, Minnesota Re: HRA Powers You have indicated that the City of Brooklyn Center has created a housing and redevelopment authority pursuant to Minnesota Statutes Chapter 462, whose members are the members of the city council pursuant to Laws of Minnesota 1973, Chapter 659. The HRA has levied for its housing and redevelopment project fund pursuant to Minnesota Statutes Section 462.545, subd, 6, but has not yet established a program or expended those funds. You have asked us to briefly review the various powers of and potential programs for your HRA. I am somewhat unfamiliar with the specifics of Brooklyn Center housing stock and redevelopment needs, and therefore may touch upon subjects which are not compatible with your community. Therefore, please consider these comments to be a general overview rather than specific recommendations. The statutory powers for communities to become involved in housing and redevelopment through the process of acquisition, relocation, disposition, construction, renovation, etc., generally rest in the Municipal Housing and Redevelopment Act, Chapter 462, with some more limited powers continued in Chapter 472A, The Develop - ment District Act. For this reason, absent special legislation, HRA's have historically tended to be-the arm of local government with responsibility for carrying out such programs. There is presently some controversy over how Community Development Block Grant funding fits into this' statutory scheme. Some cities are carrying on CDBG housing and redevelopment programs based solely' on federal eligibility criteria. It has been our view, however, that such activity is risky absent state statutory authority. Such authority would generally be found, if it exists, in Chapter 462. f Mr. Jerry Splinter August 8, 1978 Page 2 IIRA's are empowered to carry out three general types of activ- ities. First, there are what are referred to in the Act as "housing projects." These provisions were incorporated into Chapter 462 to permit those local activities necessary in imple- menting the federal public housing program. The powers include land acquisition, relocation, construction or the contracting for construction and the continuing management of public housing. Project public housing has become pretty much a thing of the past, with recent federal em hasi o scattered site, single s n s tte s n le or P , P g double family nits. The statute forth procedures e sets o th oce es an d Y p criteria for rental and management. I t The second general type of HRA activity involves what are called "housing development projects." This was the state legislative authority for acquisition, relocation and clearance of sites for so-called "moderate income" housing, enabling assembly of sites for Section 235, Section 236, Section 221, etc., federal housing projects. Today, this power is used primarily in conjunction with the construction by nonprofit or limited dividend entities of Section 8 housing projects. Since the "housing development • project" powers are quite broad, however, they have been used by HRA's to construct, own and operate middle income projects. Finally, Chapter 462 authorizes certain HRA activities in conjunc -. tion with "redevelopment " ent ro'ects. Again, growing P projects." g g g out of federal legislation (the urban renewal program) Chapter 462 authorizes the designation of project areas which are blighted or deteri- orated and the creation of a plan for the project area. Once created, the HRA is authorized to acquire, relocate, clear, and convey or lease the land to private developers, with or without a "writedown," for any purpose consistent with the plan, including commercial and industrial uses. The emphasis here is with respect to the condition of the property before acquisition, rather than the after- acquired use. Acquisition includes the power of eminent domain and relocation responsibilities are set forth in the Federal Uniform Relocation Act, as well.as in Section 117.52,` et seg over the years, additional, specialized powers have been added to Chapter 462 which sometimes relate to the above - described general categories, but.can be and are exercised independently. For example: r - Mr. Jerry Splinter August 8 1978 Page 3 1. Minnesota Statutes Section 462.445, subd. 7 permits what is called "spot renewal." This authorizes an HRA to carry on redevelopment project activities on a lot -by -lot basis without the necessity of creating an area -wide redevelopment plan. The power of eminent domain is available for "spot renewal, and this provision permits acquisition, clearance a blighted n e nd reconve ance of isolated bl Y , g properties. Under this section,.for example, HRA's can acquire single family lots and either rehabilitate or construct new dwellings or convey the lots to a developer on the condition that the existing structure be rehabilitated or a new dwelling be constructed. 2. The power to manage rental projects which grew out of the federal public housing program has been construed to permit HRA's to manage nonowned middle income projects. Accordingly, many HRA's are the managing agent for private Section 8 projects. The public purpose is found in the profit limitation on the owner and the need for sound management of local housing for persons and families of low and moderate income. 3. Section 462.445, subd. 4(2) is a broad grant of power which authorizes HRAs to "cooperate with or act as agent for" the federal government, the state or any municipality, or any agency or instru- mentality thereof in carrying out any federal, state or local legislation "related to" the pro- visions of Chapter 462. Accordingly, the HRA can act as an agent for the municipality in carrying out Community Development Block Grant programs, EDA or UDAG grants, etc., so long as they relate to housing and redevelopment activities. Also, an HRA can act as an agent for the Minnesota Housing Finance Agency in carrying out any of its new housing or rehabilitation programs. Since HRA's can qualify as FHA mortgagees, many of them receive a direct allocation or set -aside of funds from the State Housing Finance Agency and administer them locally. Mr. Jerry Splinter August 8, 1978 Page 4 4. Absent special legislation which some communities have obtained, the powers of an HRA to carry out housing rehabilitation programs are somewhat limited. First, an HRA can always rehabilitate property which it owns whether it intends to retain ownership or intends to sell or lease after rehabilitation. Secondly, in its capacity as an agent, an HRA can administer the federal -so- called 312/115 rehabilitation loan and.grant programs. Finally, Section 462.445, subd. 9 authorizes locally funded rehabilitation loan and grant programs, but only to the extend they are consis- tent with the terms and conditions of the federal 312/115 program. Generally these restrictions have made it impossible to operate rehab programs which come even close to being self- sustaining, and therefore communities which have been desirous of operating such programs have sought special legislation. There is some support in the legis- lature for amending this subdivision to authorize {• . rehabilitation loan and grant programs to be structured locally, without the 312/115 limitations. 5. Finally, Minnesota Statutes Section 462.445; subd. 1 states that HRA's "shall have all the powers necessary or convenient to carry out the purposes" of the Municipal Housing and Redevelopment Act. This gives rise to continuing questions of whether the authority exists for new, more innovative programs which are not otherwise specifically mentioned in Chapter 462. For example, is this sufficient authorization to on a local direct rent subsidy program either in conjunction with an existing federal or state program or separately? Each of these questions must be considered indivi-dually. However, it is our view that the "necessary or convenient language must be sparingly relied upon, since if too broadly construed it would obviously render the rest of the statute unnecessary. It is important to bear in mind that the o� wer to carry out a housing or redevelopment activity is statutorily separate from the means by which such activity may be financed There are Mr. Jerry Splinter August 8, 1978 Page 5 several funding sources which are authorized by the Act. By and large any one of the funding sources can be used for any one of the above - described activities. The sources are as follows: 1. An ERA is empowered to receive gifts or contrib- utions or loans from federal, state or municipal t government and to enter into agreements regarding I the appropriate expenditure and repayment, if any. This empowers a municipality to sell bonds and make the proceeds available to the ERA. 2. An ERA may borrow money from private entities and 'may sign notes, give mortgages, etc., as security. Note that the interest on such private borrowing, as with bonds, is tax exempt. 3. An ERA is a "redevelopment agency" under Minnesota Statutes Chapter 474, the Municipal Industrial Development Act. Therefore, an ERA can issue industrial development bonds whereby construction and permanent financing for a facility is provided with.tax exempt revenue obligations. 4. Chapter 462 authorizes an ERA to issue its bonds or notes, either in the form of general obligations of the Authority or of revenue bonds. There are several limitations upon this power, the most evident which is that the interest on such obli- gations may not exceed seven percent (7s) unless the obligation is in favor of the Minnesota Housing Finance Agency. 5. As you know, the ERA, subject to municipal approval, can levy 1.1 mills annually for its activities. The 1 /10th of a mill must be expended for reloca- tion related services and the 1 mill can be ex- pended only for those activities specifically authorized by Chapter 462. In other words, a decision that a new program is defensible under the "necessary or convenient" language', discussed above, does not necessarily mean that HRPF funds can be expended to fund it. Mr. Jerry Splinter August 8, 1978 Page 6 6 The most common funding source for HRA activities in recent years has been "tax increment financing." Authorized by Section 462.585, the assessed valu- ation of all taxable real property in a project area is "frozen" by the county auditor and any increase in assessed value as a result of acquisi- tion, reconveyance and new construction is known as "tax increment," which is paid to the HRA to retire the initial costs of its public activities. Traditionally, these costs are "front- ended" through the sale of municipal general obligation bonds. At the time the proceeds are turned over to the HRA, the HRA enters into a "pledge agree - ment" whereby all or part of the tax increments received by the HRA will be paid to the munici- pality to retire the debt. As you know, this is a rather complicated and controversial process, although it is being used successfully in many communities around the state. I am attaching a copy of a memorandum which we prepared at the end of the last legislative session which deals with some of the pros and cons of this financing technique. Each of the powers mentioned herein are accompanied by various conditions and restraints which I considered to be too numerous and technical to deal with in this letter. Also, of course, many of these powers can be utilized in tandem, or in conjunction with other related programs. If you would like to explore any of these or other subjects in more detail, I would be happy to do so. In the meantime, I hope this will provide some general overv' w of the business of HRA's. Veytulyy s J es S. olmes SH:mj Enclosure Licenses to be approved by the City Council on October 30, 1978 ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycee Women 5816 Dupont Ave. No. �-� (Bazaar) Sanitarian MECHANICAL SYSTEM'S LICENSE Equipment Supply Co., Inc. 593 N. Fairview St. Builds g Inspector OFF -SALE NONINTOXICATING LIQUOR LICENSE Leonard.E. Bruns 6806 Orchard Ave. No. (Chuck Wagon Inn) City Clerk I . ON -SALE NONINTOXICATING LIQUOR LICENSE C IQ Leonard E. Bruns 6806 Orchard Ave. No. a j. (Chuck Wagon Inn) City Clerk RENTAL DWELLING LICENSE Initial: Ralph & jean Hitchens 4708,12 Twin Lake Ave. �• �-f ��J✓ Renewal: Fred M. Seed Twin Lake North Apts. •mot ��t ' Isolda Gilles 4715 France Ave. No. Donald Ogilvie 6742,44 France Ave. No. Delbert Bruce 4741 Twin Lake Ave. Irwin Ketroser 6525, 27, 29 Willow Lane Transfer: p /� !� y, Tom Castle 5256 E. Twin Lake Blvd. "' C l (��C./C Director of Planning and Inspection i