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,
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October 13, 1978'
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'$ 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.
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OFFICES:
THIRD DISTRICT, MINNESOTA 14AYBETH C
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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
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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 .(
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DEVELOP REGULATIONS
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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.
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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
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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.
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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
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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
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double family nits. The statute forth procedures e sets o th oce es an d
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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
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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
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