HomeMy WebLinkAbout1979 03-26 CCP Regular Session r
CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
March 26, 1979, ;
7:00 p.m. i
1. Call to Order
2 Roll Call
3. Invocation
4. Approval of Minutes - March 12, 1979
5. Open Forum
`6. , Appointments
a. Human Rights Commission Appointment
b. CATV Commission Subcommittee Appointment
- Subcommittee has been formed to study and initiate a "needs
assessment" for the proposed nine communities CATV Commission.
Representative appointed to the subcommittee may be a City
staff person or an elected official.
7. Planning Commission Item (7:30 p.m.
a. Application No. 79008 submitted by Allen I. Dale for preliminary
plat approval for the replatting of property to be known as Dale
and Davies 3rd Addition, located at Lakebreeze and France Avenues
North- mh Planning Commission recommende'rl ;; nnrnx7Al at its
y> /> L' 1 Qlall Illy Vl��t 41t1.701111a utV G�l.
8. Resolutions:
a. Accepting Bids for Furnishing and Installing a Telephone
Communication System for City Hall:`
-The telephone system for City Hall was approved as part of the
1979 budget. It is recommended the bid of Hauenstein & Bur -
meister, Inc. in the amount of $44,308 for furnishing and
installing a telephone communications system for City Hall be
accepted.
b. Establishing Well Maintenance Project No. 1979 -4 (Well #8)
The above project comprehends the reconditioning of well 48.`
A recent cave in of the sides of the well has reduced the well
capacity by 400. It is proposed that through bailing and either
air decompression or air lifting of the materials creating the
restriction, the well capacity will be returned to its original
condition. Similar restrictions have occurred in other wells
within the City shortly after their initial construction. These
wells were reconditioned as - proposed and no further capacity
problems have been associated with these wells.
CITY COUNCIL AGENDA -2- March 26, 1979
C. Approving Plans and Specifications for Well Maintenance
Project No. 1979 -4 (Well #8) and Directing Advertisement for
Bids (Utility Contract No. 1979 -C).
- Should the Council act favorably upon the resolution establish-
ing this project, it is proposed that direction of advertise-
ment for bids also be approved. In this manner it is projected
that the required work will be performed before the season of
heavy water usage begins.
d. Accepting Bid and Approving Contract Form for Diseased Shade
Tree Removal Contract No. 1979 -B.
- It is recommended that the proposal submitted by Weiler
Company in the amount of $45,235 be accepted.
e. Accepting Bid and Approving Contract Form for the Pedestrian /
Bicycle Bridge Portion of Shingle Creek Trailway Contract
No. 1979 - A.
-It is recommended that the proposal of Continental Custom
l
Bridge, Inca in the amount of $20,591 be accepted.
f. Authorizing the Mayor and City Manager to Enter into a Utility
Inspection Agreement and Contract for Quit Claim Deed No. 59337
with the Minnesota Department of Transportation for Utilities
Construction at the Intersection of Shingle Creek Parkway and
FI -94.
-The above agreement comprehends (1) reimbursement to the City
• for construction inspection services relative to the relocation
of util _a' +rhe Shi Creak parkway Tnterchai,jp �gii-h
FI -94, an • (2) paynicli . in LhY —, cutiount of $11, for
tion of existing City utilities easements in the above area.
In regard to the utilities relocation, the State will be cover-
ing .100 of the cost of this work.
g. Authorizing the Mayor and City Manager to Enter into a Cooperative
Construction Agreement No. 59356 with the Minnesota Department
of Transportation for Roadway and Utilities Construction at the
Intersection of Shingle Creek Parkway and FI -94.
The above agreement details the items in which the City will
participate in the construction of Shingle Creek Parkway from
the existing roadway of City Hall to 65th Avenue North.
h. Authorizing the Mayor and City Manager to Execute an Agreement
with the Firm of Merila- Hansen, Inc. to Provide Engineering
Services to the City on a Project -by- Project Basis.
-A motion authorizing the agreement is recommended.
i. Resolution Authorizing the Purchase of One 10' Rotary Lawn
Mower.
-It is recommended the bid of Lawn Care & Equipment Company
in the amount of $9,400 for furnishing and delivering of one
10' rotary lawn mower be accepted.
CITY COUNCIL AGENDA -3- March 26, 1979
9. Ordinances:
a. Authorizing the Conveyance of`Real Estate and Execution of
Easement Documents from the City of Brooklyn Center to the
Minnesota Department of Transportation in the Area of Freeway
Park.
This ordinance was first read on February 26, 1979, published
on March 8, 1979, and is presented this evening for a second
reading.
b. Amending Chapter 23 Regarding the Operation of Certain Gambling
Devices by Licensed Organizations.
-This ordinance was first read on February 26, 1979, published
on-March 8, 1979, and is presented this evening for a second
reading.
C. Amending Chapter 23 Regarding the Operation of Bingo by Licensed
Organizations.
-This ordinance was first read on February 26, 1979, published on
March 8, 1979 and is presented this evening for a second reading.
10. Discussion Items:
a. Discussion of the Results of the Recent Survey of Residents
Along 53rd Avenue North between Camden and Colfax Avenues North
with Respect to Preferences for Upgrading 53rd Avenue North.
-At their March 12, 1979 City Council meeting the Council deferred
direction with regard to upgrading this section of 53rd Avenue
North pending a further survey of abutting property owners. A
further a�- i�r7c� Ina c. -",cc i.r. u r7
_ .��. u�..1. .a...�... .,. ..a• `.vi2 uv a.0 u n the C3-tY Lary illy. �..L rviiit�
prepared to discuss the results of said survey, as well as the
Engineering Department's recommendation for roadway within this
area. A letter has been sent to the property owners advising
them of the discussion this evening scheduled for 8:00 p.m.
b. Special Meeting.
-Study session April 30, 1979 at 7:30 p.m.
C. Letter from Metropolitan Council District 12 Member.
-Mr. Roger Scherer was appointed District 12 member to the
Metropolitan Council. He would like to attend a Council
meeting to discuss concerns of the Council.
11. Licenses
12. Adjournment
1 5AL . L t „ i, RENTAL AND SERVICE OF CONSTRUCTION, MINING AND INDUSTRIAL EQUIPMENT SINCE 1926
® i ACHIiVERv
& SUPPLIES Co.
4901 WEST 80TH STREET
MINNEAPOLIS, MINN. 55437
PHONE 612/835 -3535
March 30, 1979
Howe, Inc.
4821 Xerxes Avenue North
Minneapolis, Minnesota 55430
ATTENTION: Mr. Bill Howe
Dear Bill:
After inspecting your premises I have not been able to come up with a
workable solution to bring down the overhang in your fertilizer bins.
I have consulted various manufacturers of construction, mining, drilling,
air and vibratory equipment without success.
Si c:. t "Lrc s �I_Ili icu ac &ss to L.IIC i-uN u l i.ile b i ris oily piece of equipment
would have t0 be brought through the bottom. Your bins are too small to
manuever the size of equipment you would need to spear or poke the over
hangs down safely.`
A hydraulic backhoe or crane which would fit in your bins woul not have
enough reach-to be effective. If they were used, they would be damaged from the weight of the fertilizer falling down on them. This would also
jeoperdize you operator's safety.
Bill, I am sorry to say that I see no possible application for the type of
equipment we handle, nor do I know of any equipment which is manufactured that
would solve your overhand problem.
Yours very truly,
John Davis
JD/cif Sales Representative
Minneapolis, Minnesota Neu, Brigbton. /Minnesota Duluth, Minnesota Virginia, "Minnesota
4901 WEST 80th ST. 1779 OLD HIGHWAY EIGHT 360 SOUTH FIRST AVE. EAST BOX 1248 HOOVER ROAD 1
. MINNEAPOLIS, MINN. 66437 NEW BRIGHTON. MINN. 65112 DULUTH, MINN. 66902 VIRGINIA. MINN. 65M
PHONE 812/8383636 PHONE 612/636 -2626 PHONE 218/727 -8811 PHONE 218t741 -9011'
a - # 343 Webster Ave. • Box 1955 • N. Mankato, MN 56001 • (507) 387- 8253 / (612) 333 -4966 / TWX 910- 565.2441
8918 Wentworth Ave. South Minneapolis, MN 55420 • (612) 888.4204
March 27, 1979
Howe Fertilizer Inc.
4821 Xerxes Avenue North
Minneapolis, MN
Attn: Bill Howe
Dear Bill:
We would like to take this opportunity to thank you for your inquiry about
Martin Big Blasters. Since pioneeI.ng and refining the concept of low
pressure pneumatic blasting for evacuation of bulk materials from storage
hoppers, Martin has acquired a very large history of exactly what type of
materials can be evacuated with the Big Blaster.
A.fteY consult,.n both our en inecr�la. : d art-. V and ��t'.r y•c fcv that �
g g � ep ,
there -is, unfortunately, nothing we can do for your problem, with our Big
Blasters or vibrators Should you have any further questions, please feel
free to call me. Please keep in mind that Larkstur is a distributor of a
complete line of industrial supplies, along with its engineering of material
handling; equipment, and is looking forward to serving you.
Respectfully,
Gerry. W. Maher
Lark -stur Engineering & Supply Inc. 7
GWM /lsp
A
t
K.4 /5ER
- AGR ICULTURAL
CHEMICALS
DIVISION OF KAISER ALUMINUM & CHEMICAL SALES, INC.
(
Narch 28, 1379 ;
Mr. Tom Howe-
Howe, Inc.
4021 �.cr <xes venuo
Minneapolis, 11inne ota 55:30
Dear Tom':
From the standpoint o;, safety rorhmcn it is very nec-
essary to eliminate pile over -han; before at temptin'9 't.o
*� remove bulk fertilizer storage, in our inclust it
is common practice to use dynamite to i :pock dovm "piles.
We have :E that practice in this plant since its
inception in 19
For a brief period in the late 19 st we e..neramented I
s
._,
use compressed ga
with the t f c F
h h o anp�.e.s. c Ica- dio�,
a satisfactory ide i,ned tho- -y vaere•, got
} but doterm
y substi-
tIZL , e for d y n amit e ,, i
,� lU1 ty21c'tTtl�.t.t.. TYiGre.Oie, vc d.,.Ci itvt u•...VL3i:. :.i'1c u:ru
of CO2 and continued with dynarlite.
If stored and handled properly, dynamite is not hazard.ouc
for use in shoo :in piles of ordinary (- z -ades 0. mix >ed
Lert1lizer.
Yours truly,
KAISL 1aG ?ICLJLPU_R..L, CTILT °lIC�
Tom Hoshall
District -.. r.
TH /ps
OMAHA DISTRICT OFFICE
P. 0. BOX 7351, SOUTH OMAHA STATION, OMAHA, NEBRASKA 68107 (402) 731 -9181
Howe Inc. Considerz..tions
Issue I Issue I: Issue III
Explosive Permit Rebuilding Regulation of Chemicals and Toxic Material
decision to decision to decision to decision to allow decision not to allow decision to regulate decision not to
grant permit deny permit grant permit Howe to rebuild Howe to rebuild storage, production, regulate by ordiance
for one year for one year or etc. of chemicals
less contingent and toxic materials
on meeting I I by ordinance I
consider specified make decision on reaffirm commitment investigate other
implica- conditions proposed building to Comprehensive Plan possible means of
tions for location, (setback, statement to "phase regulation ie. state
future parking, landscape out" Howe Inc. assess what presently or federal standards
applica- considerations) exists in the city etc.
tions for set conditions type and size of
explosive of approval of proposed building, I
permits permit service length of consider implication y
structure and cu- of decision on other procure technical
bic feet or square non- conforming uses assistance to prepare
I foot measurement within the city ordinances
t
e P
s monitor-
u considerations
ing system if
necessary I
set up administrative
set conditions of mechanism for permits,
approval for rebuild- licenses, monitoring,
ing (relate to reporting, etc. as
chemical storage regulated by ordiance
regulations)
consider implications
of decision on other
non- conforming uses
within the city
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 12, 1979
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7 :04 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler, Gene Lhotka, and Celia Scott.
Also present were City Manager Gerald Splinter, Acting Director of Public Works
James Noska, City Attorney Richard Schieffer, Director of Finance Paul Holmlund,
Director of Planning and Inspection Ron Warren, Building Official Will Dahn,
Fire Marshal Linus Manderfeld, and Administrative Assistants Mary Harty and
Brad Hoffman.
The Mayor noted Councilmember- Fignar was out of town and would not be attending
the Council meeting.
INVOCATION
The invocation was offered by Mayor Nyquist.
APPROVAL OF MINUTES FEBRUARY 26, 1979
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka
to approve the minutes of the City Council meeting of February 26, 1979 as sub-
mitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and
Scotts Voting anairgt: none. The motion passed unanimously.
OPEN FORUM
Mayor Nyquist opened the meeting for the purposes of the Open Forum session. The
Mayor recognized Ann Jarvimaki, 5625 Aldrich Avenue North, who expressed two
concerns. First, she explained that in the last week of February she was unable
to drive down the street because it was blocked by two City trucks She indicated
she felt it was rudeness on their part to block the street. Secondly, Mrs. Jarvimaki
indicated concern over the condition of Aldrich Avenue. She noted the street was
full of ice ruts and indicated her car had bottomed out on the ice ruts. She
noted she had always been proud of the City of Brooklyn Center and felt the
Street Department could do a better job of keeping the streets clean.
The City Manager explained many streets are in bad shape due to the severe winter.
He noted a comparably severe winter, in terms of snow and cold, had last been
experienced in 1965. At that time it was the practice to use more chemicals.
Since that time less chemiials have been used but it has not been noticeable
because the winters have not been as severe in the last few years, up until this
year. He explained Brooklyn Center has approximately 120 miles of streets which
two graders handle. It is the practice of the City to deploy the two graders by
noon on a given day and these graders are accompanied by loaders. The City
Manager also explained the snow has frozen in layers and has to be removed in
the same manner. He noted the Street Department has attempted to alleviate
the, worst problems on streets. He also noted the build up on less traveled
streets is more severe.
The Mayor noted he had heard several comments that the streets in Brooklyn Center
were in good condition, in comparison to other cities, considering the type of
winter we have experienced.
3 -12 -79 -1-
xx
The Mayor next recognized Mr. Clyde Phillips, 7007 Quail Avenue North, who explained
he was concerned with the inaccessibility of sidewalks due to snow piled on them
in the area from Shingle Creek to the Brooklyn Park boundary on the west side of
Brooklyn Boulevard. He explained it is not possible to walk on sidewalks due
to the amount of snow that has been pushed onto the sidewalks and furthermore, 10
the streets are so busy that it is dangerous to walk on the streets. Mr. Phillips
noted he had called the Street Department's attention to this problem.
The City Manager noted that in most winters, the State cleans up the sidewalks.
Again, due to the severe winter, the sidewalks have -not been taken care of. The
City Manager indicated he would check with the State and see if the problem could
be resolved.
The Mayor next recognized Mr. Leo Hanson, 4903 Brooklyn Boulevard, who noted he
was in attendance at the Open Forum at the request of several of his neighbors.
He first questioned why neighbors who lived beyond 350 feet of Howe, Inc. had
not been informed of the proceedings concerning Howe's application for a variance.
The City Manager explained that notice to those residents within the 350 foot
radius was common practice and 350 feet was used as a general rule. The City
Manager invited anyone else who was interested to provide input regardless of
whether or not they were sent a letter. He also noted the information was
published in the newspaper so that everyone has access to the information.
Mr. Hanson next inquired if there had been progress in the consultant -'s study of
the Howe situation.
The City Manager replied the consultants had been involved in the study and had
provided partial reports. The Citv was currently awaiting the final report from
the consultants. The City Manager noted it was a possibility the dynamite permit
may be reviewed at the March 26, 1979 Council meeting if_th.e reports hav -er_been
received and the staff has time to review those reports prior to the March 26
Council meeting. If a dynamite permit is not reviewed at the March 26 meeting,
it will be reviewed at the April 9 Council meeting.
The City Manager further noted the Planning Commission will consider the Howe
request for a variance on March 15. The item is currently scheduled on the
Planning Commission agenda for March 15 but again, if the necessary information
from the consultant has not been received or reviewed, staff may request that
the variance proceedings be deferred until the next Planning Commission meeting.
Mr. ; Hanson asked for a clarification of the difference between a rezoning request
and a variance request. The City Manager explained a rezoning was changing the
land use for a particular area by ordinance. In a variance request, the property
owner attempts.to show that there are special aspects to his or her property, for
which reason the applicant requests permission to vary from an ordinance.
Mayor Nyquist inquired if there was anyone else present who wished to address the
Council as part of the Open Forum; there being none, the Mayor proceeded with the
rest of the meeting.
RESOLUTIONS
The City Manager introduced a resolution which would approve a collective bargaining
agreement between Local #320 and the City of Brooklyn Center. The City Manager
noted the police contract had been negotiated with Local #320 by the MAMA Police
Bargaining Committee. The City Manager noted the total package will meet Federal
Presidential Wage and Price Guidelines of 14% over the two year period. .
3 -12 -79 -2-
In discussion of the resolution, Councilmember Kuefler questioned whether the
City of Brooklyn Center had certain positions within the City, namely a school
liaison officer, a juvenile officer, a dog handler, and a paramedic. The City
Manager stated the City of Brooklyn Center does not currently assign a person
to those positions as mentioned by Councilmember Kuefler.
Councilmember Kuefler also questioned whether or not people assigned as investi-
gators were assigned permanently or on a rotating basis. The City Manager
explained the positions were on an assignment basis and the positions were
rotating positions although some were rotated in more permanently, such as three
or four years and others were rotated in and out on an annual basis.
RESOLUTION NO. 79 -69
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN TEAMSTERS PUBLIC
AND LAW"ENFORCEMENT EMPLOYEE UNION, LOCAL #320, AND THE CITY OF BROOKLYN CENTER
The motion for the adoption of the foregoing resolution was duly seconded by
,member Celia Scott, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and
the following.voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
The City Manager introduced a resolution approving a collective bargaining
agreement between Local #320 and the City of Brooklyn Center for part -time
employees of the Brooklyn Center Liquor Store.
In discussion of the resolution, Councilmember Lhotka asked how the present
rates as recommended in i s d�CS Tle
ct the contract compare with Lire Yrev cu r �
Ti
Director of Finance explained under the present schedule the maximum salary
is $3.85 an hour.
Councilmember Kuefler clarified that the liquor store employees had just been
organized this year. The Director of Finance noted that was correct. ' Council-
member Kuefler questioned what the impact of this settlement would be on the
liquor store profits. The Director of Finance replied he did have that infor-
mation and would provide it for the Council before the Council meeting was
completed.
Councilmember Lhotka questioned whether or not the City 'must accept the unioniza-
tion. The City Manager explained the City must accept the unionization if
proper procedures for installing the union had been followed and in the case of
the Brooklyn Center liquor store employees, proper procedures had been followed.
The City Manager indicated he felt the settlement was reasonable.
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka
to table the resolution regarding acceptance of the contract between Local #320
and the City of Brooklyn Center for liquor store employees until the Director of
Finance provided the Council with information on the fiscal impact of the settle-
ment. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
The City Manager introduced a resolution concerning a cooperative agreement with
Hennepin County for community development. He explained the City Council had
given prior approval to the cooperative agreement, by motion. He noted that
HUD preferred an approval by a resolution which specifically authorizes execution
of a cooperative agreement.
3 -12 -79 -3-
RESOLUTION NO. 79 -70
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS
AGREEMENT WITH THE HENNEPIN URBAN COUNTY
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, 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 requesting additional grant funds from
the _Met Council for comprehensive planning in Brooklyn Center. He noted there
was additional money available from the State for comprehensive planning.
RESOLUTION NO. 79 -71
Member Celia Scott introduced the following resolution and moved its adoption
RESOLUTION REQUESTING 1978 -79 LOCAL PLANNING ASSISTANCE GRANT FUNDS FROM THE
METROPOLITAN COUNCIL
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, Gene Lhotka, and Celia Scott; and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
Tha i
1 M
t canager ; n trod'u -ce d a r ,, cc „+ t f or - 1 +- ....�.u..� . : aCCp�:�;a� y,uv'tatiGl'iS t03" Cxi(i.i.iiy iut'
certain City parks. Fencing would be used for the-Northport baseball diamond,
thb" Willow 'Lane baseball diamond and the Grandview east softball diamond. The
City Manager recommended the bid of Midwest Fence Company in the amount of
$2,124.15 be accepted.
RESOLUTION NO. 79 -72
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF CHAIN LINK FENCING
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, 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 two resolutions accepting quotations for fire depart-
ment equipment. He called the Council members' attention to a quote sheet which
listed the bids from various companies. In response to questions from the Council,
he explained the bids from the Coyer Company and the American LaFrance Company
were not presented for Council approval because those bids were under $1,000.
He noted one resolution was recommended for accepting the quotations of Minnesota
Fire and the other resolution was recommended for accepting the quotation of Mid
Central Fire. In both cases, miscellaneous fire department equipment would be
purchased as budgeted for in the 1979 budget. 0
RESOLUTION NO. 79 -73
Member Celia Scott introduced the following resolution and moved its adoption;_
3-12-79- -4-
RESOLUTION AUTHORIZING THE PURCHASE OF MISCELLANEOUS FIRE EQUIPMENT
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, Gene Lhotka, and Celia Scott, and
the following voted against the same: none, whereupon said-resolution was
declared duly passed and adopted.
RESOLUTION NO. 79 -74
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF MISCELLANEOUS FIRE EQUIPMENT
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, 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 introduced Planning Commission; Application No.. 79001 submitted
by Kenneth Bergstrom for a rezoning from C -2 to R -4 of the approximate eight
acre tract located in the 1300 block south of 69th Avenue North. The City -
Manager noted a letter had been received by the City staff from Mr. Bergstrom
asking for Council deferment of Planning Commission Application No. 79001
until an April City Council meeting. The City Manager noted a copy of the
letter had been provided for the Council.
There was a motion by Councilmember seconded by Councilmember Lhotka
to defer Planning Commission Application No. 79001 until the first meeting in
April. V in Mayor hTy U ci- Cc%uncilmerqbers Kuefler, T,hotka 'anrl
Scott. Voting against: none. The motion passed unanimously.
The City Manager introduced Planning Commission Application No. 79006 submitted
by Arvid Elness Architects, Inc. for Dale Tile. He noted the application was
for site and building plan approval for the Dale Tile warehouse, showroom and
office on Lakebreeze Avenue westerly of the present Dale Tile site. This
application was recommended for approval at the February 15, 1979 Planning
Commission meeting. The City Council considered.Planning Commission Application
No. 79006 at the February 26 City Council meeting but deferred a decision on
the application due to questions on aesthetics until they could see colored-
renderings of the proposed building. The City Manager noted the Director of
Planning and Inspection was also prepared to comment on questions raised by the
Council on the existing Dale Tile building.
The Director of Planning and Inspection reviewed a memorandum which he had prepared
for the Council in which he explained in 1972 under Planning Commission Application
No. 72051, Dale Tile Company requested an approximate 27,900 square foot addition
'to the then existing building. Review of the records indicate that there was some
concern at that time regarding the exterior finish proposed for the new addition.
The addition was primarily to the warehouse building on the westerly portion of
the site. The office showroom area at that time had an exterior treatment of tide
similar to what is now in existence. The warehouse building at that time had an
entry area along France Avenue that was also treated with ceramic tile exterior
while the remainder of the warehouse was of concrete block. The entrance area
has since been treated with a wood siding.
3 -12 -79 -5-
The Director of Planning and Inspection noted one of the conditions of the
approval of the building addition in 1972 was that "the exterior finish of
the addition shall be similar to that of the existing building ". The addition
has an exterior finish of concrete block and is painted white along the westerly
and northerly portions of the building. The front portion of the building has
been left in an untreated or natural state. Although the record of 1972 does
not indicate a particular type of exterior finish other than concrete and that
the finish'of the addition be similar to the existing building, the Director
of Planning and Inspection noted it was his understanding that the natural or
untreated concrete block finish on the addition was left that way so that the
owner could at some time provide a ceramic tile finish similar to -that on the
office showroom area.
The Director of Planning and Inspection also noted a performance bond in the
amount of $2,500 submitted by Dale Tile Company relating to Planning Commission
Application No. 72051 was released by the City Council on December 3, 1973.
Councilmember Scott questioned whether there were other concrete block buildings
that the Director of Planning and Inspection was aware of. The Director of
Planning and Inspection noted he was not aware of any.
Councilmember Lhotka asked if the City Council had any recourse in light of the
fact that the Council had released the bond. The City Attorney,-as a.point of
clarification, noted the bond was a site development bond He explained the bond
is more a guarantee rather than an approval or disapproval of a project. If the
bond has been released, it simply means the City no longer holds any bond money
to back up requests for action. The City Attorney further noted if the staff
laciu t om . 1C :.>i t,.ti uti.. v z.l vyiatlC.aS 1. w.viLlt/.a.z t z — and i.ii— Ccu=11 t:.pZ.t YJ r c (u..
this action was indicated in the official record), then the City has no recourse.0
FTho Mayor Mr. Bill Dale who explained that the building' had 'been' left
unfinished in order to accommodate anticipated office expansion. He explained
the building had been approved as concrete block and the building had only been
painted approximately''three years ago. He explaind Dale Tile preferred to
leave it as it was because they anticipated tiling it in the future.
Councilmember Kuefler again expressed concern with the treated block as to the
aesthetic appearance of the block. He questioned the architect as to why the
architect had chosen treated block as opposed to painted block.
The architect explained it was purely a design concern. He explained that treated
block maintained the integrity of the architectural design. He noted he felt the
City would be proud of the building, once constructed. He noted the sealer seals
the block so water penetration does not occur and yet the dew point does not
occur _within the block. He explained the unfinished block in a finished structure
is aesthetically pleasing.
The Director of Planning and Inspection noted the Planning Commission was concerned
with eliminating the blotchy effect which was evident in some buildings. The
Director of Planning and Inspection noted that in contrast, many buildings in the
Industrial Park have been painted with earth tones and treated with a break off
block as a decorative feature.
The Director of Planning and Inspection further noted that one of the conditions
of the Planning Commission was that the block be treated to provide uniform color 0
because of a concern with the blotchy effect.
Councilmember Kuefler questioned whether or not it would be possible to use -a
3 -12 -79 -6-
I
pigmented sealer if the architect did not get the desired effect with the treated
block. The architect responded he was not attempting to cut corners and get by
cheaply. If blotchiness was a problem, the architect would do something to
remedy that problem.
Councilmember Scott again noted she was concerned about the aesthetics of plain
concrete block. She was also concerned with the precedent being set if untreated
concrete block was allowed to be used. She indicated she felt, it would be a better
idea to seal the block with pigmented sealer. Again she noted a concern that after'
a few years the blocks would appear blotchy.
Councilmember Lhotka suggested it might be in the Council's best interests to
approve the building and include as a condition of approval that the Council must
again look at-the building, in a period of time, and determine whether or not a
pigmented sealer was needed.
Councilmember Scott noted she felt Mr. Dale had always taken pride in his buildings'
and noted the building should be an asset to the area. Councilmember Scott ques-
tioned whether or not the ,architect had built a similar building elsewhere.
The architect explained he had not built a similar building but he was not taking
a chance with this particular building because of his familiarity with the
materials proposed to be used.
The City Manager suggested the Council might wish to require a uniform appearance
on the building as a condition of approval if that was the Council's major concern.
The Council - discussed a possible motion in,_ which ,they, would approve Planning Com-
mission Application No. 79006 with the eleven items mentioned in the Planning
Cc=ission recom- mendation and add in item #11 "including pigmentation of sealer
if needed ".
The Director of Planning and Inspection noted the Council should be aware that
if requests for concrete block buildings are received in the future, this might
be setting a precedent. In the past, the City has asked that a decorative treat-
ment be afforded to buildings.
Councilmember Kuefler questioned what action approving the concrete block building
would do in terms of setting a precedent.
The City Attorney replied the exterior treatment of a building is on the outer
limits of power possessed by the City Council as viewed by the courts. The
exterior treatment of the building has nothing to do with structural elements
and, therefore, the City Council has little legal leverage in this area. Addi-
tionally, the City Ordinance on decorative treatment of a building is fairly
vague.
In the future, similar requests would have to be treated similarly. If a decorative
block is not required on the Dale Tile building, the Council is breaking down a
past practice.
The City Attorney recommended the Council might wish to try the concrete block
building for Dale Tile as an experimental building and if the experiment did
not-prove acceptable, the Council could go back to the old policy requiring
decorative block. The City Attorney noted it would not be in the best interest
for the Council to approve some and not approve others in a sporadic manner.
The City Manager recommended the Council might wish to consider approving the
building and stating, as a separate condition that it was being approved as an
3 -12 -79 -7-
experimental building with an added statement as to how the building could be
corrected if the treatment proves to be unacceptable. The Council reached a
consensus that they would like to approve the building as an experimental
t building with a separate condition stating how the building was to be
a corrected if the treatment proved to be unacceptable. The City Council
asked the City Attorney to draw up appropriate language so the approval
could be completed at the end of the Council meeting.
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka
to table Planning Commission Application No. 79006 until language could be put
together by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers
K
uefler
Lhotk
a and Scott. Voting against: none. The motion passed unani-
mously.
UPGRADING OF 53RD AVENUE NORTH FROM PENN AVENUE TO 4TH STREET NORTH
The City Manager explained on February 26, 1979, the Brooklyn Center City Council
held a public hearing regarding the upgrading of 53rd Avenue North from Penn
Avenue North to 4th Street North. The City Council was presented the results
of a petition circulated along 53rd Avenue which indicated the majority of
Property owners preferred 53rd Avenue North to remain as it exists without
upgrading.
The Engineering Department presented to the City Council the following four
alternatives for upgrading, 53rd Avenue North: first, a 16 foot wide roadway
with 24 hour parking ban posted; second, a 20 foot roadway (12 foot driving
lane, 8 foot parking lane); third, a 22 foot wide roadway with noses to reduce
the width at intersections to 16 feet and with parking bays provided; fourth,
-� �... ..ilv-'n�� .i. -, .iv foot parking lane) .
The City Manager explained that understanding an increase - in - traffic volumes
,on 53rd Avenue North will occur regardless whether the road is upgraded'or not,
the City Council took action approving the concept of upgrading 53rd Avenue
North and directed the City staff to hold another informational meeting on
March 5, 1979 with the residents for further exploration of the alternatives.
An informational meeting was held on March 5, 1979 and in addition, a post card
was sent to residents to allow them to express their opinion to the City Council
relative to the upgrading of 53rd Avenue - North.
The City Manager explained the results of the meeting and the results of the post
card survey had been tabulated and staff was prepared to: comment.
Mr. Merila, former Director of Public Works,, reviewed the results of the post
card survey, noting there were a total of 49 properties abutting 53rd Avenue
North. Of 49 possible respondents, 39 actually did respond, which is an 80%
rate of response. He explained 72% of the total
respondents s .referred
with 24
P P a I6 foot
wide roadway
ho
Y ur arkin ban %
P g posted, 23a of the total respondents
preferred a 20 foot wide roadway (12 foot driving lane, 8 foot parking lane),
2.5% of the total respondents preferred a -22 foot wide roadway with noses to
reduce the width at intersections to 16 feet and with parking bays provided;
and 2.5% preferred a 22 foot wide roadway (12 foot driving lane, 10 foot parking
lane).
Mr. Merila showed a transparency which indicated by color coding which alterna
tive respondents located at addresses along 53rd Avenue preferred.
Mr. Merila explained, an an attempt to accommodate the wishes of the residents
but also to effectively the
Y traffic which was inevitable in the area
t he
following recommendation was made: upgrade the area of 4th Street to
3 -12 -79 -8-
Camden to 16 feet, upgrade the area of Camden to Colfax to 20 feet, upgrade the
area of Colfax to Fremont to 16 feet, upgrade the area of Fremont to Girard to
20 feet, upgrade the area of Girard to Humboldt. to 22 feet, upgrade the area
of Humboldt to Knox to 20 feet, upgrade the-area of Knox to Logan to 22 feet,
and upgrade the area of Logan to Penn to 16 feet.
The City Manager explained it might appear initially to be a hodgepodge of
different widths but in actuality there was a sound reason for the recommenda-
tion of the varying widths in each area. He noted the recommendation of width
was related to lot size in an area. He explained that large lots can provide
off street parking and, therefore, an upgrading to 16 feet would be adequate.
In contrast, narrow lots need more room for parking and, therefore, a recom-
mendation for a 20 foot roadway was made in those areas. Finally, in the area
of Girard to Humboldt and Knox to Logan a 22 foot wide roadway is recommended
because of the likelihood of the need for a turning lane due to greater volumes
of traffic.
Councilmember Lhotka questioned Mr. Merila as to how a transition was made
from a wider street to a narrower street or vice versa. Mr. Merila responded
that the transition was made primarily at intersections.
Councilmember Lhotka also asked what the effect of this new plan would be on the
trees Mr. Merila responded there would still be a number of trees that would
have to be taken out, but this plan minimizes the total number of trees which
would have to be removed.
Councilmember Scott questioned, as a point of clarification, whether there would
ever be parking allowed.on the 16 foot roadways. The.City Manager replied-there
would not be parking allowed on the 16 foot roadways and they would be posted
as no parking areas ana towing -Oul or(7 r from these areas. on the 20 foot
and 22
fUOC: 4viue YC7a.ciwciy5 paYrii11y wUUu i.it ciiivwCU Y11ie5S S.LyY7ed to ciiivW iv
right turns. Councilmember Kuefler questioned whether or not the change in
width might cause problems and questioned whether there would be any liabilities
for the City in this type of configuration.
Mr. Merida explained there were approximately two areas where there might be
some problem with a change in width. The stop sign at Logan Avenue alleviates
the possible problem there. An island delineator at Colfax might alleviate
the possible problem there.
Mr. Merila further noted that oftentimes drivers don't notice a two to four
foot change in roadway width. Mayor Nyquist questioned what the projections
on increased traffic were. Mr. Merila replied it was expected the traffic
in the area would triple. Mr. Merila further noted it is predicted the east
bound movement was expected to be greater than the west bound movement of
traffic on 53rd.
Mayor Nyquist noted a public hearing had been held at the February 26,'1979
Council meeting but the Council was open to hear comments if particular
residents wished to comment. The Mayor recognized Mr. Hjelvik, 5300 Penn
Avenue North, who noted his neighbor wanted increased width for parking and
Mr. Hjelvik would not be adverse to the increased width for parking. Mr.
Merila noted the City was concerned with several evergreen trees which
Mr.•Hjelvik had located on his property. Mr. Hjelvik noted the branches
stuck out quite far from the trees and the trees might have to be removed no
matter what width the street was widened to there
Mr. Hjelvik asked whether the City would replace the trees which they removed:
Mr. Merila noted the City would replace trees which they remove but the
3 -12 -79 -9-
replacement trees would be small trees.
The Mayor recognized Mr. David Johnson, 802 - 53rd Avenue North, who noted a
16 foot wide roadway is safer than a 20 foot wide roadway. He explained that
particularly when streets are covered with snow, if a parking lane is allowed,
the actual room for traveling cars is considerably diminished, whereas, if a
16 foot roadway with no parking is constructed cars have the full width to
travel on.
The Mayor next recognized Mr. Phil Cohen, 5302 Humboldt Avenue North, who
stated he felt the variable width recommendation addresses some of the problems
he brought forth in his presentation at the last Council meeting and also in the
letter which he presented to the Council. He further added that placing a ban
on parking on the Brooklyn Center side will shunt the parking to the Minneapolis
side or to north /south Brooklyn Center streets. He again briefly reviewed the
several items of concern which he had mentioned at the last Council meeting
and which he had detailed in his letter to the Council.
He reminded the Council that whatever decision they made, particularly a decision
for narrow roadways, is a commitment for a long period of time and is nearly
irrevocable. Mr. Cohen cautioned the Council they should not be shortsighted
in their decision. He again emphasized that a future commitment is being made
with the present decision.
Finally, he again asked that Brooklyn Center manage the project He noted that
Brooklyn Center does not carry projects over a winter and called the Council's
attention to a Minneapolis project in the area of Fremont Avenue north of Lowry
which had been carried over the winter and caused severe unnecessary disruption
for the residents,
146 - noted. before the street was torn. the City should have assurances`,th`t the
contractor has access to all the necessary material so that unnecessary delays'
would not be caused.
The City Manager concurred with statements made by Mr._ Cohen that it would be
difficult to make changes after a decision had been made. The City Manager
explained what is decided will ,last 30 to 40 years. The City Manager also
stated the plan as recommended is not what an engineer strictly considering
traffic would recommend but the plan is functional and will carry the traffic.
As a point of clarification, Councilmember Kuefler stated if residents want to
widen their street once present 53rd is installed, it will be assessed totally
to the residents and they will pay the entire bill. The City Manager agreed his
statement was basically correct because the City could not count on any help
from State aid funds for changes after the project had been completed.
Councilmember- Kuefler also questioned whether the present plan would simply
move the parking problem elsewhere such as to the north /south streets in
Brooklyn Center or to Minneapolis,
The Mayor next recognized Mrs. Ruone, 723 - 53rd Avenue North, who explained
widening the roadway to 20 feet in front of her house will put cars right up
near the front door. She commented she would not be able to sell the property
even if she wanted to. 0
The Mayor next recognized Mr. Percy Anderson, 5319 Logan Avenue North, who
re- emphasized comments he had made earlier at the February 26, 1979 Council
meeting that there were severe traffic problems on Logan right now. Mr. Merida
noted Logan Avenue was designated as a -State aid street and will always carry
3 -12 -79 -10-
more traffic.
The Mayor next recognized the resident of 814 - 53rd Avenue North, who stated she
would not be able to sleep'at night with all traffic. She also commented it
would raise havoc with the homes because they were older homes and could not
withstand the beating of .traffic. She noted people in the area presently park
in their driveway and generally do not park in the street. She also questioned
the newsletter which had been put out by the City which included an article on
the upgrading of 53rd as if the upgrading was a forgone conclusion.
The City Manager explained that article had been prepared several months ago and
it may have been worded uncleanly but the upgrading was not a forgone conclusion
and the meetings were being held to reach the solution to the problem.
The Mayor next recognized Mr. Steven Villas, 5301 Emerson Avenue North, who noted
there had been a great deal of discussion as to the cost remaining the same
whether the street was widened 16 feet or 22 feet. He stated there will be cost
in terms of quality of life to the residents. He asked the Council to have
enough faith in the residents of the area to believe that they are farsighted
enough and have decided that upgrading to the minimum width is what is needed
for the area.
The Mayor again recognized Mr. Johnson, 802 - 53rd Avenue North, who stated people
have indicated they want a narrower width and are willing to sacrifice parking.
Another citizen referred the Council to a letter received from Mr. Jordal -as
discussed at the last Council meeting. The letter questioned whether or not
the upgrading of 53rd actually increases the property value and if it does not,
stated it was illegal to assess the property owners.
Ccunc;lr,embe- x„Pfi commented the residents pay an equivalent amount to the
value of the improvement in front of their own property and State aids pick up
the rest of the share.
Mr. Merila commented there is a two block area which has curb and gutter which
was installed approximately 30 years ago by the WPA. The City records do not
indicate that residents were assessed for the curb and gutter at that time.
Mrs. Ruone stated she thought that residents had paid for the curb and gutter
at that time
Councilmember Kuefler asked for a clarification of the reasoning behind upgrading
the area from Humboldt to rujox to 20 feet. Mr. Merila noted that at least one
resident in that area had requested widening for parking purposes. The request
for widening for parking holds a higher priority in the City's assessment of
the survey results and, therefore, for continuity, it is recommended the roadway
be upgraded to 20 feet.
i upgrading
d
in
reasoning
behind asked for clarification of the r pg g_
Councilmember,Lhotka as d
the area between Camden and Colfax to 20 feet. Mr. Merila indicated 4 out of 5
residents in the area indicated preference for parking: and again that reference . p
holds a higher priority:
Mayor Nyquist asked _whether or not the curb and gutter which was already in place
could be left in place. Mr. Merila responded that there is a strong likelihood
that curb and gutter will begin to deteriorate in the very near future because
it is over 30 years old. Also, it is necessary to install a heavier roadway
to accommodate heavier traffic. Finally, there will be an alteration of grades
in the area and it might be difficult to retain the present curb and gutter.
3 -12 -79 -11-
Councilmember Lhotka questioned if the curb and gutter was once assessed to the
property owners should they again be assessed. Mr. Merila noted the assessment
card records for the City do not show that it was assessed.
Mr. Merila also noted that curb and gutter in the area was over 30 years old and
had achieved its maximum years. He also noted curb and gutter was not addressed
in the assessment manual.
Councilmember Lhotka asked if people were assessed to be connected to the Minneapolis
water. Mr. Merila responded some of them were not assessed and some of them were
assessed. Those who were assessed would receive the amount they were assessed
credited to their account.
Councilmember Kuefler` asked if residents could prove they had paid for the curb
and gutter assessment would that be considered in the present assessment for
curb and gutter if the project was approved. Mr. Merila responded there was not
presently a policy for dealing with that question. A somewhat similar situation
is the way the City handles street assessments. After the street is seven years
old, the resident can no longer receive credit. If the curb and gutter has been
in place for 30 years it is questionable whether or not they should receive a
credit even if they were once assessed.for it.
Councilmember Lhotka expressed agreement with the plan but expressed concern over
the upgrading in the area of Camden to Colfax. Councilmember Lhotka also suggested
that places with curb that was presently in existence should receive some type of
credit on the assessment for new curb and gutter.
mh C; t j, rn na, or r a „t ; one(a + rA rnl, ciJ aho,,t-. -,erond guessing people who had
indicated cer Lain C 1101 < Cb Vti LivA 1. Late. laic City Managor suggested the City
Council should assume those people meant. what they said on the cards and that
they were quite sure of their intentions./
Councilmember Kuefler noted he felt the plan is the most responsible and the
plan takes into account concern for the residents and concern for the traffic.
He noted general support for the plan.
Mayor Nyquist also stated he supported the proposed plan but indicated he was
not in agreement with the recommendation in the area of Camden to Colfax.
Councilmember Lhotka also 'indicated support for the plan but expressed concern
over the area of Camden to Colfax.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve the plan as recommended with varying roadway widths with a stipulation
that additional consideration be given to the area of Camden Avenue to Colfax
Avenue which has presently been recommended for upgrading to 20 feet and should
be investigated further as to the feasibility of widening to only 16 feet, based
on a further assessment of the residents' wishes; and further investigation of the
area from Logan to Penn which has been recommended for upgrading to 16 feet as to
the possibility of upgrading it to a wider width; and consideration for allowing
credit to the residents on streets where curb and gutter presently exists.
Information on these considerations shall be presented at the March 26, 1979
Council meeting and the Council may modify its recommendation on those particular
areas at that time. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Lhotka, and Scott. Voting against: none. The motion passed unanimously.
RESOLUTION NO. 79 -75
Member Gene Lhotka introduced the following resolution and moved its adoption:
3 -12 -79 -12-
RESOLUTION ORDERING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT
NO. 1978 -38
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, Gene Lhotka, and Celia `Scott; and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
RESOLUTION NO. 79 -76
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ORDERING CURB & GUTTER & SIDEWALK IMPROVEMENT PROJECT NO. 1978 -39
(M.S.A.P. 109-- 113 -01)
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: bean Nyquist, Tony Kuefler, Gene Lhotka; and Celia Scott; and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
RESOLUTION NO. 79 -77
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1979 -1
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 s' Dean Nyquist, Tony Kuefler" Gene' Lhotka, and Celia Scott and
the" following vot:.d again;.t he same: none, wbereLl on Said rpso71it'7.on was
declared duly passed and adoptea.
In further discussion of the resolution for construction of water main, the Mayor
asked for clarification of why the water main was necessary. Mr. Merila responded
the water main installed in that area was installed in approximately the 1930 "s
and it is very possible that problems with that water main will occur in the very
near future: To reconstruct the street and not deal with water service at this time
would be unwise because it is highly likely that the street would have to be torn
up in the near future to deal with water service problems.
i
RESOLUTION NO. 79 -78
Member Tony Kuefler introduced the following resolution and moved its adoption
RESOLUTION ORDERING STORM SEWER IMPROVEMENT PROJECT NO. 1979 -2 (M.S.A.P. 109
113 -01)
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, Gene Lhotka, and Celia Scott and
the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
ORDINANCES
The'City Manager introduced an ordinance amending Chapter 23 regarding license
fees. The City Manager noted the ordinance is presented for a first reading.
He further explained Chapter 23.010 lists the licenses issued by the City, the
date of expiration and fee. Licenses for rap parlors, gambling and bingo are
added in the amended ordinance. There was a motion by,Councilmember Lhotka and
seconded by Councilmember Scott to offer for first reading an ordinance amending
3 -12 -79 -13-
.
Chapter 23 regarding license fees. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Lhotka, and Scott. Voting against: none. The motion passed unanimously.
The City Manager introduced an ordinance authorizing the conveyance of real estate
from the City of Brooklyn Center to the Minnesota Department of Transportation in
the area of Shingle Creek Parkway. The City Manager noted this ordinance was first
read on February 12, 1979, published on February 22, 1979 and was presented this
evening for a second reading.
ORDINANCE NO. 79 -
Member Celia Scott introduced the following ordinance and moved its adoption
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN
CENTER TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION IN THE AREA OF SHINGLE CREEK
PARKWAY
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, 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 vacating a drainage; and utility easement
existing on Lots 1, 2, 3, 4, 5, and 6 of Block 5, Hipp's 3rd Addition. The City
Manager noted this ordinance was first read on February 12, 1979, published on
February 22, 1979, and was presented for a second reading.
OPOTNANCE NO. 79 -
. . — '-_ ... v r ode c the fol l • nn n r7i npnnc� n v
.R ci v i c �� r h ak _
t .............. JG.1,.� ,.r ._ 3__d mo T4� 1t� arinnt nn
AN ORDINANCE VACATING THE DRAINAGE AND UTILITY EASEMENTS EXISTING ON LOTS
1, 2, 3, 4, 5, AND 6 OF BLOCK 5, HIPP'S 3RD ADDITION
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, Gene Lhotka, and Celia Scott; and
the following voted against the same: none, whereupon said ordinance was
declared duly passed and adopted.
DISCUSSION ITEMS
The City Manager introduced the first discussion item which was a request for an
authorization for the Mayor and the City Manager to execute a sanitary sewer and
water main inspection, maintenance, and repair agreement with American Family
Insurance Agency Associates (A.F.I.A.). The City Manager noted the agreement
is the City's standard utility maintenance agreement which provides for a routine
maintenance and emergency repair of an eight inch sanitary sewer line and a six
inch water main connected to the City's lines on John Martin Drive and servicing
the new A.F.I.A. building. The City Manager recommended a'motion authorizing the
agreement be passed. "In response to questions from the Council, the Acting
Director of Public Works . explained this agreement is something the City requires
in case the City would have to go in at any time and make repairs.
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler
to authorize the Mayor and the City Manager to execute a sanitary sewer and
water main inspection, maintenance, and repair agreement with American Family
Insurance Agency Associates. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Lhotka, and Scott. Voting against: none. The motion passed unanimously.
3 -12 -79 -14-
I'
HENNEPIN COUNTY EMERGENCY COMMUNICATIONS ORGANIZATION (HECO)
The City Manager explained he felt it might be helpful to provide the Council with
an update concerning HECO. He explained the HECO organization was formed approxi-
mately five years ago to help solve communication problems in Hennepin County.
HECO has also been appointed as the planning board for implementing the 911
system. The City Manager noted implementation of a 911 system would be expensive
and complex. Both the 911 implementation and the determination of how many
communication centers would be located within Hennepin County are being dealt
with concurrently because each has an effect on the other. Currently, within
Hennepin County there are 13 dispatch centers. If that number is to be maintained
or if that number is to be reduced, that action should be taken before 911 is
implemented because it will have an effect on how 911 is implemented. Several
options have been discussed. One option is to maintain the 13 ,dispatch centers,
another option is to cluster the dispatch centers into approximately five clusters.
In response to questions from the Council, the City Manager explained Brooklyn
Center currently has three VHF frequencies. One frequency is used by the 'public
works department, one frequency is used by the fire department and one frequency
is use$ by the police department. Several other municipalities do not dispatch
from their own municipality but rather are dispatched from the Sheriff's office.
The Sheriff is interested in getting a reallocation of frequencies so as to
reduce the number of cars dispatched from his frequency. Currently, the
communities on the Sheriff's frequency do not pay for use of this service.
Those same communities hesitate to move towards clustering because under that
arrangement, those communities would have to pay for the service. There has
been considerable discussion as to whether or not the Sheriff should charge
those communities for the dispatching service.
Brooklyn Center has been cited as a possible location for one of the cluster
centers because of location and size.
Again referring to the 911 system, the City Manager noted 911 is actually a
telephone answering service where calls are automatically directed to the
appropriate place. The question of dispatch centers ties into the question of
how 911 will be implemented because the number of sites from which dispatching
occurs is critical in determining the cost of implementing 911.
Coun_cilmember Kuefler indicated he would like the City to take a cautious look
at the pooling concept because he was concerned with too much centralization
causing lack of control by the City.
The City Manager also called the Council's attention to a technology which was
to be implemented in the City of Minneapolis within the next year called computer
aided dispatch (CAD) which eliminates the need for dispatchers on many ,types of
calls. Many calls go directly to the cars with no intermediary' needed. - Computer
aided dispatch in Minneapolis will be paid for by a grant.
The City Manager suggested the Council will get a better idea of the communication
center in Brooklyn Center as they participate in the civil defense mock exercise
because they will get a chance to view the dispatch center.
The City, Manager also highlighted several HECO concerns. One of the major concerns
is what happens to nonemergency 911 calls for service if dispatching is performed
,elsewhere, such as emergency utility calls, minor police _service calls, and other
general information calls.
The 'City Manager also called the Council's attention to Brooklyn Center's jail
facility which currently operates 24 hours a day. Depending on what happens
3 -12 -79 -15-
with a decision on dispatch centers, the jail facility might not be able to
operate 24 hours a day or might need to be eliminated.
Finally, the City Manager listed several things which dispatchers in Brooklyn
Center currently provide; such as departmental typing, handling of all misdemeanor
check cases, monitoring of burglar and fire alarms, 24 hour report copying
service, maintenance of property and evidence room, maintenance of record keeping
requirements for the gambling ordinance, and criminal background checks for
shoplifters. The City Manager called the Council's attention to the above concerns
because they would all be important in a final decision as to what should be done
with dispatching in the future.
The City Manager explained he would provide information to the Council on an
ongoing basis as to what is happening with HECO but wanted to fill them in to
date.
The Mayor next asked the Council to return to a consideration of Planning Com-
mission Application No. 79006 for a site and building plan approval for Dale
Tile warehouse, showroom and office on Lakebreeze Avenue westerly of the present
Dale Tile site, noting the City Attorney had prepared appropriate language.
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka
to remove consideration of Dale Tile from the table and consider it at this
point. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and
Scott. Voting againwt: none. The motion passed unanimously.
There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka
to anor_ove Plannina Commission Application No. 79006 submitted by Arvid Elness
Architects for Dale Tile Company subject to the following conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits.
2. Grading, drainage and utility plans are subject to review
and approval by the City Engineer prior to the issuance of
permits.
3. A performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall
be submitted to assure completion of approved site improve -
ments.
4. The building shall be equipped with an automatic fire extin-
guishing system to meet MFPA Standard No. 13 and shall be
connected to an approved central monitoring system in
accordance with Chapter 5 of the City Ordinances.
5. Any outside trash disposal facilities and /or rooftop
mechanical equipment shall be appropriately screened from `
view.
6. All landscaped areas shall be equipped With an underground
irrigation system.
7. Joint access and cross driving easement agreements relating
to the easterly portions of the site are subject to approval
by the City Engineer prior to the issuance of permits.
3-12-79 -16-
8. The property is subject to submission of a preliminary plat
prior to the issuance of building permits, and subject to
final plat approval prior to the issuance of occupancy
permits:
9. Where the plans submitted indicated seed, it shall be replaced
with sod.
10. Major trees on the boulevard shall be 2 3 1 to 3 inches in diameter
instead of the 2 inch diameter indicated on the submitted plans. '
11. The exterior of the building shall be treated in such a manner
to provide a uniform color.
12. The exterior of the building shall be 8" x 16 concrete block
scored in the center to present the appearance of an 8" x 8"
block. The block shall be treated with a transparent sealer
subject to the following conditions:
a. The City acknowledges its present ruling of the requiring
decorative concrete block on all buildings.
b. The City acknowledges that this approval is a deviation
from that policy for the purpose of permitting experimenta=
tion with innovative treatment.
c. The project shall be reviewed by the City Council after
report by the staff on or before June 15, 1980, at which
time the City Council may require further'treatment of
Lhe well surfcat c:.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
The Mayor next asked the Council to return to consideration of a resolution
approving the contract between Local #320 and the City of Brooklyn Center for
part -time liquor store employees. There was a motion by Councilmember Kuefler
and seconded by Councilmember Lhotka to remove contract consideration from the
table to be considered at this time. Voting in favor: Mayor Nyquist, Council -
members Kuefler, Lhotka, and Scott. Voting against: none. The motion passed
unanimously.
The Director of Finance noted the projected cost of this contract was $19,000 for
1979. The Director of Finance noted salaries for part -time _liquor employees had
been quite low. The contract makes a few changes other than salary changes. The
maximum pay rate will be reached after 18 months (within three steps) rather than
within 24 months (four steps) as in the past. Clerk - stockers and cashier rates
-will be the same under the contract as presented. The higher settlement may be
helpful in hiring and keeping good people as employees of the liquor store. Lower
salaries tend to attract only very young people. The Director of Finance also noted
the rates as listed in the contract tend to be in line with other municipal liquor
store pay rates. As a point of clarification, Councilmember Kuefler asked what t:.e
present profit of the liquor store was predicted to be. The Director of Finance
noted it was predicted to be $140,000. The additional $19,000 cost of the contract
will be taken from this profit.
RESOLUTION NO. 79 -79
Member Celia Scott introduced the following resolution and moved its adoption:
3 -12 -79 -17-
RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN TEAMSTERS PUBLIC
AND LAW ENFORCEMENT EMPLOYEE UNION, LOCAL #320, AND THE CITY OF BROOKLYN CENTER
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 favo
thereof: Dean Nyquist, Tony Kuefler, 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 the next discussion item a request for authorization
for the Mayor and the City Manager to enter into a cooperative agreement with
the Metropolitan Transit Commission to provide for passenger waiting shelter
installations. He noted a provision has been made to insure that any City will
be eligible for at least one shelter installation per project, if a cooperative
agreement is executed. The agreement calls for participation in the form of
financial reimbursement to the MTC for one -half of the local funding for the
shelter. The participation share will be approximately $300 to $500. The City
Manager also noted Councilmember Fignar had suggested a service club might be
willing to donate the $300 to $500. Regardless, the City Manager recommended
approval of the agreement. There was a motion by Councilmember Kuefler and
seconded by Councilmember Scott to approve the authorization for the Mayor and
City Manager to enter into a' cooperative agreement with the Metropolitan Transit
Commission.to provide for a passenger waiting shelter installation. Voting
in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting
against: none. The motion passed unanimously.
LICENSES
Mnti n» rY (`rj�iY}ni, l momhor Tr'�+o Fl or =-nd Ceconde. 1— ! me nbe T l'otka to u'.i y r ^sTe
the fulluwilly list of licenses:
CIGARETTE LICENSE
Dahlco Music & Vending Co. 119 State Street
Ground Round Restaurant 2545 County Road 10
FOOD ESTABLISHMENT LICENSE
Hickory Farms Store Brookdale Shopping Center
Bernard Lynch 6804 Humboldt Ave. No.
Brooks Superette 6804 Humboldt Ave. No.
Num -Num Foods, Inc. 3517 Hennepin Ave.
Brookdale Snack Bar Brookdale Shopping Center
Pizza Factory 6816 Humboldt Ave. No.
Rog & Jim's Superette 6912 Brooklyn Blvd.
GAMBLING LICENSE
Northport School P.T.A. 5501 Brooklyn Blvd.
Brooklyn Center High School
Athletic Boosters 6500 Humboldt Ave. No.
MECHANICAL SYSTEM'S LICENSE
Air Comfort, Inc. 3944 Louisiana Circle
Allen Heating & Air Conditioning 5200 Eden Circle
Blaine Heating 13562 Central Ave. N.E.
C.O. Carlson Air Conditioning 709 Bradford Ave. No.
Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd.
Dependable Heating & Air Conditioning 14123 Prairie Road N.W.
3 -12 -79 -18-
Egan & Sons Co. 7100 Medicine Lake Road
Frank's Heating & Air Conditioning 3107 California St. N.E.
Gas Supply, Inc. 2238 Edgewood Ave. So.
Golden Valley Air Conditioning 5182 West Broadway
Harris Mechanical Contracting Co. 2300 Territorial Road
Horwitz Mechanical, Inc.: 1411 11th Ave. So.
Hutton & Rowe, Inc. 217 VanBuren Street
Ideal Heating & Air Conditioning 3116 Fremont Ave. No.
Nielsen Heating & Air Conditioning 6442 Penn Ave. So.
Northwest Service Station Equipment 2520 Nicollet Ave.
P. & H. Services Co. 208 73rd Ave. No.
Pierce Refrigeration 1920 2nd Ave. So.
Pump & Meter Service, Inc. 2711 E. Franklin Ave.
Royalton Heating .& Cooling Co. 4120 85th Ave. No.
Sheridan Sheet Metal Co. 4116 Quebec Ave. No.
Standard Heating & Air Conditioning 410 West Lake Street
Superior Contractors, Inc. 6121 42nd Ave No,
Fred Vogt & Co. 3260 Gorham Ave,
Ray Welter Heating Co. 4637 Chicago Ave.
_Yale, Inc. 3012 Clinton Ave. So.
NONPERISHABLE VENDING MACHINE LICENSE
Kirby Jensen 4716 78th Lane No.'
Sears 1297 Brookdale Center
Theisen Vending 3804 Nicollet Ave So.
Shopper's City 3600 63rd Ave. No.
READILY PERISHA tt' FOOD VEHICLE "LICENSE
Bernard Lynch 6804 Humboldt Ave. No.
RENTAL DWELLING LICENSE
Renewal:
Village Properties Evergreen Park Apts.
SIGN HANGER'S LICENSE
Nordquist Sign Co., Inc. 312 West Lake St.
Voting in favor: Mayor Nyquist, Councilmembers Kuefler,.Lhotka, and Scott.
Voting' against: ,none. The motion passed unanimously.
GAMBLING AND /OR BINGO LICENSE BOND WAIVER
IC The City Manager explained State law requires the bingo or gambling manager to
give a fidelity bond of $10,000 in favor of the organization to insure that he /she
will faithfully conduct the duties of the office. The City Council can waive the
requirement for the bond by .unanimous vote at the time the license is granted.
The bond waiver can only be eliminated if the Council votes unanimously to eliminate
the $10,000 bond requirement. If the Council so votes, the bond waiver is stipulated
on the license itself. Included in the license list for this evening's Council
meeting, are licenses for gambling for the Brooklyn Center High School Athletic
Boosters and for Northport School PTA. Both organizations have requested a bond
waiver. The City Manager recommended a motion to waive the bond and unanimous
vote of the Council on the motion.
3 -12 -79 -19-
There was a motion by Councilmember Scott and seconded by Councilmember Kuefler
to waive the requirement for the fidelity bond for Brooklyn Center High School
Athletic Boosters' gambling license and Northport School PTA gambling
license. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
ADJOURNMENT
Motion by Councilmember Lhotka and seconded by Councilmember Kuefler to .adjourn
the City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers „
Kuefler, Lhotka, and Scott. Voting against: none. The motion passed
unanimously. The.Brooklyn Center City Council adjourned at 10 :40 p.m.
i
l.iti31 k ..uY ui
3 -12 -79 -20
APPLIOP TIO
FOR APPOM TMFNT 1C F B ROOKLYN CsY ?�,!';M HUMAN I'.IC�HTS 00', AI S91 0 I
Narne Ember D. Reichgott Age 25
Address 451 58th A North
Telep 533 -2015
Occu pation _ Attorney Fears lived i Brooklyn Ce nter 1- L 2 _
I have read the Human Rights Commission Enabling Resolution (Resolution No.
68 .44, 69 --35, 71 and 74 --68), which deffnes the p.irpose, authority and
responsibility of the Brooklyn Center Human Rights Ccammfssiono
I meet all qualifications required by
Yes R a'd'o _.�.... Comments the enabling resolution. I ve
much want to work toward the g oals d efined w ithin that resolution.
I understand the importance of regular Commission meeting attendance and
part i cipatio n, and feel I have the time available to be an active particlpalits
Once I make a commitment to an
Yes x No Comments orga nization that.,�gi�un�tmgg�
_ bevon ^ the mere atten at meetings. I am willin to devote whatever researr.h.
or � • � _
r. +:.,�- ..�..i.i...a, .3�. �.ZfiiC I'i� tv i1CCGi:.pii.:u• L�li: iylC at iiuiau.
Adcitio.ned cormner44s on nay° Interest, experience, bac;cground, Ideas, etc.
I became especially concerned about the general issue of human relations when
I traveled for one year with the International musical program of Up with
- Feo — pre -* fo ug,lou n S'fafes an'd'7urop e. "'" urin"g ° fFia =iFe=Frote a
thesis comparing racial relations between the north and south portions of the
- Un - ted States. robe t. at ti e"=Tiave expresse m�y - 7 1 n - Human relations
through various organizations; as a volunteer probation officer for the North
Carolina Department of Corrections during law school; as an active member of
vari ous groups dedicated to the increased st atus of women; and most recently as
a member of the Child Abuse Task Force of the Northwest Hennepin Human "Services
Cou ncil. As an attorney, I have litigated several employ discrimination
I atters, and am - fa i i.ar with tie - Iaw " e civil rig is area.
3 - 1 -7
Si aa Lure Date
Submit tot Chairman At WeyrK uch
6407 Orchard Avenue North
Brooklyn Center, til"N 55429
LARKIN, HoFFNIAN, DA.Ly & LI- iDGRE\, LTD JAMES P. LARKIN JOHN D. FULLMER
ROBERT L. HOFFMAN ROBERT E. BOYLE
ATTORNEYS AT LAW JACK F. DALY FRANK I. HARVEY
D, KENNETH LINOG REN FRANCIS E. GIBER SON
1500 NORTHWESTERN FINANCIAL CENTER. GERALO H. FRIEDELL JAMES M. ST ROT. ER
ROBERT B. WHITLOCK EMBER O. REICHGOTT
7900 XERXES AVENUE SOUTH ALLAN E. "PAT "MULLIGAN CHARLESS. MODELL
'ROBERT J. HENNESSEY RICHARD A. FORSCHLER
MINNEAPOLIS, MINNESOTA 55431 RONALD R.FLETCHER LINDA H. FISHER
.JAMES C. ERICKSON THOMAS P. "TIM "STOLTMAN
TELEPHONE (612) 83S -3800 EDWARD J. DRISCOLL STEVEN G. LEVIN
JAMES P. MILEY CHRISTOPHER J. DIETZEN
GENE N. FULLER PETER K. BECK
STEPHEN B. SOLOMON RICHARD 1. DIAMOND
JOSEPH W. ANTHONY JOHN. R. BEATTIE
DAVID C. SELLERGREN JON S. SWIERZEWSKI
SAMUEL L. STERN
OF COUNSEL
JOSEPH GIT15
March 2, 1979
Mr. Al Weyrauch
6407 Orchard Avenue North
Brooklyn Center, Minnesota 55429
Dear Mr. Weyrauch:
Enclosed please find my application for a position on the Brooklyn Center
Human Rights Commission.
I am also enclosing a letter I wrote to Councilman William Fignar, which tells
you a little more about me. I hope these materials are sufficient for your
consideration. If not, I would be happy to submit a full resume or meet with
&ou at your convenience.
Thank you for your consideration of my application.
Since y,
l
rt �
mber D. Reichgott
I
I AARE:rx, DALY & LI -N`DGRE LTD. 4AM<S LARKIN . OMN O. =ULL-ER
ROe ERT rOFEMAN ROBERT E. 50"a
ATTORNEYS AT LAW JACK F. GALY FRANK +ARV
O. KENNE. L!NOGa£N FR 75 E G
1500 NORTHWESTERN: FINANCIAL C GEPALO .�. %o'EOEL. JAMES u. STgor rq
Roe ERT a wN ITLOCK E S O. IC EO
7900 XERXES ^V �'N SOUTH ALLAN UE SOUT ALAN E PA L; M L�'GAN Cs. AR LES O O =__
ROBERT J ..ENNESSE RICY.ARO A ZRS7. '_EP
MINNEAPOLIS, MINNESOTA 55 RCNALO R F --TC�Ea LINO^ .. F15' ER
JAMES C. ER'CKSCN TMOMAS P "'; M "j�OLT wAN
TELEPHONE (612 835 - 3800 EOwARO J. ORISCOLL STE`12N G. __' /'N
JAMES P. MILEY �=44ISTO -4ER J. = ETZEN
GENE N, ='J LLER PETER t. BECK
STEP..EN S. SOLOMON Rtcrl^aO I. .71 — ONO
JOSEP.. N. ANri CNY JOHN. R. SEA"—
OAVIO,C. SELLEaGREN JON S. SwIERZEwSKI
OF COUNSEL
JOSEPM GITIS
January 31, 1979
Councilman William Fignar
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Dear Councilman Fi
I enjoyed getting to know you at the Northwest Hennepin Human Services Council dinner
last Tuesday night, and I wish to thank you for taking the time to explain a little
about Brooklyn Center City Government. I am writing to confirm. that I am very
much interested in serving on a Brooklyn Center Advisory Commission, especially the
Human Rights Commission or the Housing Commission.
T am currently a practicing attorney with the Larkin, Hoffman, Daly & Lindgren, Ltd.,
law firm in Bloomington. While I have touched upon a number of areas in my general
ctice, my areas of concentration have been litigation, family law, and administra-
a law.
I have also been quite active in the northwest suburban area since my graduation
from Robbinsdale High School in 1970. Currently, I am serving as the Legislative
Chairperson of the Northwest Hennepin Human Services Council '.ask Force on Intra
Familial Violence. I am a member of the staff of the Tunior achievement prograi of
Minneapolis and supervise the New Hope center. I am also a former reporter for the
North Hennepin Post.
I would apprec any information you could provide me regarding the advisory Commissic'ns
of Brooklyn Center, so that I can better determine how :r7 experience and background might
match the needs of our city. Please let me know if you would like a full resume, or
if I should set up a time for an interview with either yourself or Mayor Nyquist.
It was a pleasure getting to know you, and I hope we will have an opportunity to work
together in the future.
Sincerely,
Ember D. Reichgott
4510 58th avenue North
ooklyn Center, Minnesota 55429
e Telephone: 533 -201
cc:. Mayor Dean Nyquist
CITY OF
ROBBINSDALE
� r5 i�l 7I.jVil_ j i i1J
�t � "KR- -. A 4221 LAKE ROAD
' ROQQINSDALE, MINNESOTA 55422
TELEPHONE; (612) 537.4534
March 14, 1979 OFFICE OF CITY MANAGER
TO: City Managers /City Clerks of Cities in the Proposed Cable Service
Territory in the Northwest Hennepin County Area
Golden Valley Brooklyn Center
New Hope Brooklyn Park
Crystal Medicine Lake
.Jsseo Plymouth
FROM: John F. Fischbach, President, CATV Commission
RE CATV Commission Subcommittee to Study and Initiate Needs Assessment Process
At the March 12, 1979 meeting of the CATV Commission, a subcommittee was created
to study and initiate a "needs assessment" for the proposed nine - community CATV
Commission. The needs assessment is a requirement of the State Cable Board before
franchising negotiations may be initiated with companies providing cable television
service. It was decided that one representative from each of the nine communities
should be a member of the subcommittee, which is meeting to begin early study of the
needs assessment requirement. Regardless of whether communities decide to franchise
with cable service companies individually, or jointly through the CATV Commission,
a great deal of preliminary work can be done at this time on the needs assessment
which will benefit each community.
The five communities represented at the March 1 -2 meeting designated the following
representatives to serve on the subcommittee, who are as follows: Thomas Aaker,
Crystal; Dorothy Hokr, New Hope; Ray Stockman, Golden Valley; Roger Kroh, Robbins-
dale; and Delos Webster, Brooklyn Park. Communities not represented at the meeting
who are requested to select a representative for this subcommittee are the cities of
Plymouth, Osseo, Medicine Lake and Brooklyn Center. As each remaining community
selects a representative, who may be either staff or an elected official, they
should notify Roger Kroh, Administrative Assistant, City of Robbinsdale, who was
designated Chairman of the subcommittee by the other members of the subco::LT-ittee.
The subcommittee has already set a meeting for Wednesday, March 28 at 4:00 P.M. in
the Council Chambers of the Robbinsdale Civic Center, 4221 Lake Road (locate
behind Robin Center Shopping Center which is at the intersection of T. H. 52 and
County Road 9). CATV Attorney Douglas Hedin will be present to help educate the
subcommittee in the requirements of a needs assessment. Communities unable to
attend that meeting should notify Roger Kroh at 537 - 4534.
If there are any questions concerning this matter, please do not hesitate to contact
Roger Kroh, myself or Jack Irving,.City Manager, City of Crystal, who was elected as
the new President /Treasurer- Secretary of the CATV Commission at the March 12 meeting.
JFF:bls
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF 7
THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairman
Hal Pierce at 8 :05 p.m.
ROLL CALL
Chairman Pierce, Commissioners Hawes, Manson and Lucht. Also present were Super-
intendent of Engineering James Noska, Director of Planning and Inspection Ronald
Warren and Planning Aide Gary Shallcross. The Secretary noted that Commissioners
Malecki and Erickson had notified the Commission on March 1 that they would be
unable to attend the March 15 meeting, and that Commissioner Theis had given the
Chairman notice that he would be late to the meeting.
APPROVAL OF MINUTES (March 1, 1979)
Commissioner Hawes ".pointed out that the last word of the third paragraph of Page
4 of the ninutes to the March '1, 1979 meeting should be "doors. Motion by Com-
missioner' Lucht seconded by Commissioner Hawes to approve the minutes of the March
1, 1979 meeting of the Planning Commission as corrected. Voting in favor Chair-
man Pierce, Commission Hawes, Manson and Lucht. Voting against: none. The motion`
passed
APPLICATION NOS.79016 & 79017 (Howe, Inc.)
Following the - Chairman s explanation, the first item of consideration was Applic -_
ation Nos.79016 and 79017 submitted by Howe, Inc. for site and building plan
approval to construct an approximate 217' x 74 concrete warehouse, garage
and maintenance shop building replacing the building destroyed by fire on January
6, 1979. The Secretary reviewed various aspects of the site and building plan which
proposes the congtroction of a b0 ldino similar to the previous buiiainq in design,
function and location. He stated that the burned out building had housed the .
maintenance operation, chemicals and fertilizers and was used for storage of
vehicles and equipment. He further stated that the applicant proposes to construct
a precast concrete building with fire wall separations between the warehouse area
and the maintenance and garage areas. The plan also foresees a 37' x 74.' lower
level located approximately in the middle of the building to be used for dead file
storage. The'new building would be located 25 feet north of the middle building
and as a result, would be located approximately 50' to 60' from the residential
property at 3129 - 49th Avenue North. The Secretary pointed out that the current
Zoning Ordinance requires a 100' buffer strip where 1 -2 abuts R -1 and that this
protective strip cannot be used for parking, driveways, off- street loading or
storage is required to be landscaped and contain an 8`' high opaque fence or wall;.
With respect to the variance application, the Secretary cited Section 35 -111 re-
garding Nonconforming Uses as the initial reason for a variance This ordinance
provision prohibits any expansion of a nonconforming use. The Secretary explained
that if the site and building plan were approved as submitted, further variances
from the setback requirements would also be required,
The Secretary_ informed the Planning Commission that the City has retained con -
sultants to study various aspects of the Howe Fertilizer plant relating to
chemicals, water quality, and explosives. In addition, the City Attorney has
been requested to address the legal questions regarding the rebuilding of a non-
conforming use. The Secretary stated that neither of these reports has been
received in full'as of this date.
3 -15 -79 -1-
He explained that the applicant's attorney has requested the opportunity to `
review these reports and has suggested that consideration of; the applications be
continued to give all an opportunity to review the reports. In light of these
circumstances, the Secretary recommended that the Planning Commission table the
applications until a special meeting to be held on March 22, 1979.
The Secretary then read a memo from the City Attorn outlini the questions to
Y Y 9
be examined in his forthcoming report. In the memo, the City Attorney touched
on the two types of variances to be considered with the Howe application: a
structure which is nonconforming as to setback and a structure which is noncon-
forming as to use. Previous research on these two types of variances revealed
that no effective distinction exists between them under the law. The memo went on
to state that a time series study was necessary to determine when the Howe Ferti-
lizer operation became a nonconforming use under the City's Zoning Ordinance, and
that such a report would require further investigation. The City Attorney's memo
indicated that a more thorough report would be made at the Commission's continued
meeting.
After reading the City Attorney's memo to the Planning Commission, the Secretary
reviewed various space problems related to the new building and outlined three
possible alternatives or courses of action that could be taken with respect to
the applications. He stated that it was felt that the alternatives include:
taking a position that the building, because it was a nonconforming use, could
not be rebuilt under any circustances; saying that the building could be recon-
structed only at the same size and location as the previous building; or tnat a
new building meeting all setback and-buffer requirements could be constructed.
He added that it is felt the best alternative course of action would be dependent
upon legal advice from the City Attorney.
rH. • v.m+ 'nom
...i..::.......•� nrn� i nnri4v.�� r.rhe�ther �V1r �- Ill�.�o `1�f� a#'1 /�'�1 .. _
.. .. ... -.. ....__.. � inn to a�i�l at this time.
mr. HOWe ' 5 d i Lurfiey, jcwieJ RuSJC1 1 , t espoiided L; - t, Ltfey w iNa i t, i ny r r t. ii C, i ty
Attorney's report and had hoped that it would have been more - definitive. He stated
that they preferred to hold a meeting on the 22nd of March. He went on to add
that the house northwest of the proposed building is owned by Howe, Inc.; and
that the reason for a wider separation between the middle building and the proposed
north building is a result of conditions placed on new construction by the Fire
Department.
The Secretary interjected that the separation requirement stipulated by the Fire.
Department applied only to a temporary structure erected on the site to house the
cleanup and salvage operation after the destruction of the old building by fire.
Bui l ding Official Will Dahn added that while a separation requirement b.etween
buildings did exist, it was not estimated that it would need to be more than 20,
ft. in the case at hand.
Chairman 'Pierce then asked the rest of the Commission whether there was any
objection to holding the proposed meeting on March 22, 1979. Hearing none, he
scheduled the proposed meeting at B:OO p.m. March 22. At that point, Chairman
Pierce told the people in attendance that those who may have come to this eve-
ning's meeting and would be unable to attend the meeting of March 22, 1979 could
make a statement of their views. at this time.
Leo Hanson, of 4903 Brooklyn Boulevard, argued that rezonings in the past have
not been in accord with the people's wishes. He added that the problems with
the fertilizer operation are not new and have been there for 25 years. He
requested that he too receive copies of the reports mentioned by the Secretary.
Virgil Linn, 3912 - 49th Avenue North, pointed out that the new building would
be closer to his house and asked what the setback requirement was and whether it
included streets.
3 -15 -79 -2-
Mr. Linn stated that the case has a long history and recommended that the Plan -
ning Commission review the minutes of both meetings in order to acquaint itself
with all of the i ssues invol ved. He added that he did not like the fact that
there was a need for more studies, and questioned why there weren't any answers
already.; He, too, requested that he receive a copy of the reports when they
are prepared.
RECOMMEND TABLING APPLICATION NO. 79016 and 79017 (Howe, Inc.)
Motion by Commissioner Manson y Commissioner Hawes to table Application
Nos. 79016 and 79017 submitted by Howe, Inc. and to continue the public hearing to
a special meeting to be held on March 22, 1979 at 8:00 p.m. Voting in favor
Chairman Pierce, Commissioners Hawes, Manson and Lucht. Opposed: none. The
motion passed.
APPLICATION NO. 79007 (Brooklyn Center Industrial Park Rezoning from Ri to R2)
The next item of consideration was a request to rezone from RI to R2 an approximate
three acre site located adjacent to and easterly of Xerxes Avenue North, south of
the freeway. The Secretary reviewed the applicant's request stating that the
three acre tract is part of a 10 acre parcel that was part of highway right -of -way..
The Highway Department no longer has need for the property and the City has ob-
tained the seven acres to the east of this site, planning to incorporate it into
its Central Park. The Secretary explained that the applicant eventually proposes
to subdivide the three acre site which would be serviced by a cul -de -sac leading
from Xerxes Avenue North. It is the applicant's intent to retain Rl zoning for
six single family lots" that would lie on the south side of the cul-de-sac and
and
would back up against the existing single family lots facing 65th Avenue North.
Four two- family lots are proposed for the north side of the cul -de -sac.
The Secretary reported that the applicant considers single family homes along an
interstate highway to be_ unsaleable, and is, therefore, requesting rezoning for.
for multiple use. 'The Secretary then outlined factors ( that should affect the
.rte1�miCr tinN� vin n n.�.r.a -:n i- 11, City C VUIiI. * 1 Li C 1 \CLV �n LJ(xlUG 1.1iili fV1 il. ..
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- and Keview'�uide(ines contained in Section 36 -208, the type of precedent tnat
would be set by approving this rezoning, and the City's future plans for the
area." The Secretary concluded that the rezoning proposal does not seem to demon-
strate merit beyond the interest of the owner in question. He also stated that
he felt the entire area was potentially viable for single family residential de-
velopment. He recommended that the Planning Commission table the request and
refer it to the Central Neighborhood Advisory Group as is the tradition with all
rezoning requests:
At this point, the Superintendent of Engineering showed the Commission the area
owned by the State and the area which the City plans to acquire once the exit
ramps from Xerxes Avenue North to Highway 94 have been vacated. Commissioner
Hawes asked where park property presently exists. The Secretary responded that
the east seven acres of the site between the houses along 65th Avenue North and
the freeway had been obtained as park property. The Secretary and Superintendent
of Engineering commented on -plans to acquire the area where the present freeway
entrance, ramp is. It was explained that MN /Dot would be closing the ramps at
Xerxes Avenue North with the construction of the Shingle Creek Parkway inter-
change. It was noted that plans are being considered to use this area as a
pedestrian /bicycle access into Central Park. The area would be bermed and would
provide an adequate buffer area between the proposed development and the freeway.
3 -15 -79 -3-
PUBLIC HEARING
Chairman Pierce then opened the meeting for a public hearing on the proposed
rezoning. Robert Marshall, of 3001 Quarles 2oadrose and asked rhetorically
whether the owner's proposal was in the interest of the people. Chairman Pierce
responded that it was the task of the Commission to determine that. An undenti
fied person asked who owned the land. At that point, Mr. Al Beisner, of
Brooklyn Center Industrial Park (B.C.I.P.), answered that B.C.I.P. owned every-
thing west of the park property to Xerxes Avenue North. Mr. Beisner stated that
his firm had been waiting for some time for the Department of Transporation to
make up its mind about what land.it planned on taking. He also pointed out that
the Industrial Park would not make any more money by developing the hand for R2
than it would by developing it for Rl. He said that a study had been made as to
how best to develop the property. The Industrial Park, he stated, intended to
sell the tract of land to one builder, and that one of the perspective builders
indicated a desire to build double bungalows on the north portion of the site.
Mr. Beisner argued that R2 development would provide a good buffer between single
family development and the freeway. Without such a buffer, he maintained, the
single family development in the area would likely be of low quality.
Chairman Pierce then asked for further comments from the audience. Tom Howard,
of 2800 - 64th Avenue North, stated that he did not think that R1 development
would have any trouble getting buyers. He also raised questions about the commit-
ment of the Highway Department to set up noise barriers and wondered whether a
builder could put up whatever he wants on the site. The Secretary responded that
only single family and two family residential structures and accessory structures
are permitted in the R2 zone. He noted that site and building plan review by
the Planning Commission and City Council is not required for ,Rl and R2 development.
Gail Howard, of 2800 - 64th Avenue North, asked why the .owner would want to sell
nrn +i if ha IC !uncertain about the nlans of the Highiu.ax nenartPnent. Mr. Reicn - r
answered that the Industrial Park was losing money by paying interest and taxes
o the land left undeveloped. Mrs. Howard' responded she -felt high - priced Rl
velopment would sell in the area, and that she opposed anything other than Rl
development. Mr. Beisner explained that double bungalows would represent an in-
vestment of $100,000.00 apiece on the north side of the site, and that the single
family development on the south side of the site would likely be of a higher
quality as a result. He added that without the ability to provide two family
dwellings the area might have to be devel opedwi th low or moderate priced housing
to make it saleable.
Elwood Wagner, of 2700 - 65th Avenue North, asked whether there would be room to
provide berming between the neighborhood and the freeway, or whether concrete
walls would be put in. The Superintendent of Engineering answered that buffering
would be provided when MN /DOT vacated the entrance off Xerxes Avenue North.
At that point, the Secretary inquired of Mr. Beisner as to what he considered low
and moderate priced homes. Mr. Beisner responded that by moderate he meant
$55,000.00 to $65,000.00, and that low - priced consisted of whatever could be put
up on the site. Mr. Richard Addy, of 2818 - 65th Avenue North stated that he did
not see the logic in placing R2 between the single family neighborhood and the
freeway. He further questioned the sense of accepting an unknown type of develop-
ment for the area without guarantees as to "its quality.
3 -15 -79 -4-
Mr. Beisner asked whether a minimum price tag or square footage requirement
would be adequate to assure the neighborhood of the type of development on the
land in question. The Secretary responded that the City does not have a minimum
square footage requirement, nor can the City require a minimum priced home as a
condition of rezoning. He explained that various minimum requirements such as
lot size and setback requirements tend to determine the size of a home. He added
that the City does not require such things as garages and that these things are
left to the option of a builder. The City, he stated, must allow whatever is
permitted in the zoning district provided it meets Zoning Ordinance and building
code requirements. Mr. Beisner inquiered whether a covenant could be put, on the
land. The Secretary answered that covenants were a legal possibility, but he
did not consider them to be a practical solution.
Roy Overman, of 2918 65th Avenue North, stated his concern about drainage in
the area. He said that water drains off from the freeway into his back yard and
that the land in question would likely suffer from this run " -off problem. The
City Engineer responded that he felt any drainage problems could be adequately
addressed at the time the property was developed and were not insurmountable.
John Marshall, of 3001 Quarles Road, stated his opposition to the rezoning on
the grounds that it would crowd more people into the area. He said that the
builder could not be trusted to consider the best interests of the people since
he would make his money and be gone, while the residents would have to live with
whatever development took place. A discussion then ensued in which a number of
-
res'idents'of the neighborhood expressed opposition to the proposed rezoning. At
the close of the discussion; Chairman Pierce remarked that-land cost helped 'de-
termine the price of a development; and that since land is expensive, the houses
built on the land would likely be highly priced.
CLOSE PUBLIC HEARING
Motion by Commissioner Hawes seconded by Commissioner Manson to close the public
hearing on Application No.- 79007. Voting in favor: Chairman Pieree Commissioners
Hawes, Manson and Lucht. Voting dtydirisL. nutie. Tiro iiition passed unaiiliiiously.
Chairman Pierce stated that rezonings are traditionally sent to the neighborhood
advisory groups Commissioner Hawes commented that the property in question is
200 to 250 ft. from the freeway, and that he felt adequate buffering could be
constructed to allow profitable R1 development.
RECOMMEND TABLING APPLICATION NO. 79007 (Brooklyn Center Industrial Park)
Motion by Commissioner. Lucht seconded y Commissioner Hawes to table AppTication
No. 79007 and refer it to the Central Neighborhood Advisory Group for review and
comment. Voting in favor: Commissioners Hawes, Manson, Lucht and Chairman Pierce.
Voting against: none The motion passed unanimously.
RECESS
The Planning Commission recessed at 9:48 p.m. and resumed at .10 :08 p.m.
APPLICATION NO. 79008 (Alan I. Dale)
The next item of business was consideration of a preliminary plat for Lots I and
2, Block l,_ Dale and Davies '3rd Addition. The Secretary explained that the City
Council, in approving site and building plans for an approximate 32,000 sq. ft.
warehouse, showroom and office site for the Dale Tile Company, stipulated as
conditions to approval that the property be replatted and that the preliminary
plat be submitted before issuance of building permits. The effect of the re-
platting, he said, is to shift the current property line easterly so that the
proposed new building would be located on a single parcel. The applicant is
required to execute the necessary agreements to provide joint access to both
Lots l and 2. In addition, a 20 ft. drainage and utility easement is necessary
along -the west property line of Lot 2.
3 -15 -79 -5-
The Superintendent of Engineering observed that the drainage problems of the area
in and around the Dale and Davies site were extensive and should be solved in a
comprehensive, rather than piecemeal fashion. Chairman Pierce asked whether
sidewalks are anticipated. The Superintendent of Engineering replied that side-
walks were planned for Lakebreeze Avenue, but for nowhere else in the area.
Commissioner Hawes asked whether an storm sewer existed on the site. The Super- Y p
i ntendent of Engineering answered that there i s resentl storm sewer in front
P Y
of the Davies Water Company.
PUBLIC HEARING
Chairman Pierce then opened the .meeting for a public hearing. Noting that no one
in the audience wished to speak to the application at hand, Chairman Pierce called
for a motion to close the public hearing.
CLOSE PUBLIC HEARING
Motion by Commissioner Manson seconded by Commissioner Lucht to close the public
hearing on Appl ication No. 79008. Voting in 'favor: Chairman Pierce, Commission-
ers Hawes, Manson and Lucht. Voting against: none. The motion passed unanimously.
RECOMMEND APPROVAL OF APPLICATION NO. 79008 (Alan I. Dale)
Motion by Commissioner Hawes seconded y Commis si one` r Manson to approve the pre-
liminary plat for Lots 1 and 2, Block 1, Dale and Davies .3rd Addition subject to
following conditions:
1. Final plat is subject to review by the City Engineer.
2. Final plat is subject to the requirements of Chapter 15 of the
City Ordinances.
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by the Lity Engi -veer shai l oe -fl be-d -a-s a -deed restriction on the
properti
Voting in favor: Chairman Pierce, Commissioners Hawes, Manson and Lucht. Voting
against: none. The motion passed unanimously.
APPLICATION NO. 79009, 79010,`79011, 79012, and 79013 (Steve Nelson /Lynbrook Bowl)
The next items of consideration were a series of applications submitted by Steve
Nelson for preliminary plat approval, vari from Chapter 15, site and building
plan approval, variance from Chapter 35 and a special use permit for live enter -
tainment. The Secretary first discussed the preliminary plat approval and
variance from Chapter 15. He explained that the applicant is requesting pre -
liminary - plat approval to combine the Lynbrook Bowl parcel, the Spanjers parcel
and the Mendenhals Outlots into two lots to be known as Lots 1 and 2, Block 1,
Lynbrook Bowl Addition. The plat includes all of the property in the area
bounded by Camden Avenue on the west, by North Lilac Drive on the south and
east, and by 65th Avenue North on the north, except an approximate 148' x 286'
parcel on the corner of 65th and North Lilac Drive which is owned by the City of
Brooklyn Center. The plat, he went on, comprehends a 50 ft. roadway dedication
along North Lilac Drive to provide the necessary right-of-way for a marginal
access road. North Lilac Drive is presently a 30 ft. roadway; and the required
50 ft. roadway cannot be acquired by dedication along the North > Lilac Drive area
because of the location of the present buildings which are approximately 16 ft.
from the roadway. The applicant, he stated, has submitted a request for a
variance from the Subdivision requirements so that only a 30 ft. roadway right-
of-way be allowed in front of the existing buildings and a 50 ft. dedication
be provided in areas where it is feasible.
3 -15 -79 -6-
The.Secretary pointed out that the applicant contends that both the Lynbrook
Bowl and Spanjers buildings were constructed in conformance with all codes, re-
strictions and regulations of the City at the time they were built. Subsequent
to that time, the physical surroundings have changed to conform with the State
acquisition of land and installation of a major highway and interchange. As a
result, he stated, the applicant contends that to-conform with conditions beyond
his control would be an extreme hardship and deprive them of the reasonable use
of his land. The Secretary noted that Section 15 -112 of the Subdivision Ordinance
allows the City Council to authorize variances from the Subdivision regulation
when an undue hardship may result from strict compliance. The Secretary then
reviewed the considerations to be made in granting such a variance which include:
the nature and intensity of the use of the land, whether special circumstances
or conditions affect the property, whether the variance is necessary for the
preservation and enjoyment of the rights of the petitioner, and the impact which
the granting,of the variance will have on other property in the territory in
which` said property is located.
Chairman Pierce inquired whether right -of -way could be obtained towards the exit
ramp': south of the site. The Superintendent of Engi neering stated that the ramp
was too close to allow any further taking in that direction.` Commissioner Hawes
asked whether there was a possibility of entirely vacating the street adjacent
to the existing buildings. The Superintendent of Engineering replied that the
result would be the need for two cul -de - sacs: one of which would not provide
enough room for a turn - around in the case of North Lilac Drive; and the other
which would be longer than ordinance requirements allow in the case of Camden
Avenue North. Commissioner Manson remarked that the traffic at the Spanjers and
Lynbrook Bowl location is treacherous at present. In addressing thi concern,
the Secretary said that the proposed improvements to the site would in effect
make the wall facing North Lilac Drive the back of the building, and that every
t Lynbrook a ad�e'during the planning stages channel `traffic going into
P 9
y ' ea Off Of No rth Lil Drive and into the parking lot.
The Secretary stated that staff suggests two revisions for the proposed_ plat:
one, that it include the City parcel on the northeast corner of the block; and
two, that five more feet of right -of -way be dedicated adjacent to the building
for right -of -way purposes. The Secretary added that it would be beneficial to
have no parking signs along North Lilac Drive in the area of the existing build-
ings to facilitate traffic flow. Chairman Pierce asked whether the plat should
=be approved at this time. The Secretary replied that he considered the group
of applications submitted by Steve Nelson to constitute a package and that
there are a number of questions that must be addressed regarding setback variances
requested with the site and bui plan review. He recommended that the other
applications be reviewed prior to making recommendations. He explained that the
Commission must determine that the conditions for a variance are met and must
make its recommendation in light of the fact that the structure does not conform
to existing requirements. As such, the Commission, if it recommends approval of
the application for a variance,must make a clear determination that various
standards and conditions are met. In the past, he said, the Planning Commission
has distinguished between uses not permitted in the ordinance and permitted uses
that do not conform with existing regulations This policy, he went on, must
be examined in the light of a legal basis.
The Secretary then reviewed the applicant's plan for remodeling and combining
the existing Lynbrook Bowl with the vacant Spanjers building to an approximate
690 seat restaurant, cocktail lounge and bowling establishment. He pointed out
that the applicant has submitted a site plan showing a parking layout exceeding
the required 521 parking spaces based on the ordinance parking formula. The
Secretary briefly reviewed the proposed landscaped treatment, access to the
site, and layout of the building.
3 -15 -79 -7-
In response to questions from Commissioner Hawes, John Neal, the applicant's
representa tive,stated that only small food delivery trucks would occasionally use
the service drive at the southeast corner of the site. The Secretary added that
the loading door is considered the same as a trash pickup and would not be open
except when necessary.
In relation to the landscape plan, Commissioner Lucht gave a favorable evaluation.
The Secretary noted that the applicant proposes a landscape treatment on seven
of the islands in the parking lot in an attempt to break up the "sea of asphalt."
He is also providing 11 handicapped stalls and is treating the entrance area with
sunburst locusts. The Secretary concluded that because of the nature of the
application, the City could hold either a performance bond or a subdivision bond
on the proposed improvements
The Secretary then reviewed the requests for variance and special use permit,. The
applicant, he 'said, is seeking a variance to allow construction to enlarge and
combine buildings that do not conform with existing setback regulations. They
al so seek a variance from the 35 ft. setback requirement along North Lilac Drive
and the 25 ft. side corner yard setback along Camden Avenue North. Presently,
the buildings along North Lilac Drive are approximately 16 feet from the street
right -of -way, while the Spanjers building is approximately 20 feet.from the Camden
Avenue North right -of -way. The proposed building addition .that would link the two
buildings would be built at the same setback as the existing buildings and would
not aggravate existing conditions. In the Spanjers building, along Camden Avenue,
the applicant proposes to square off the building with an addition that would
continue, but not aggrevate the existing 20 ft. setback. The Secretary related
the applicant's contention that to comply with existing regulations would mean
that the front portion of the Lynbrook Bowl and the front and side portions of
the Spanjers building would have to be removed. The applicant argues that this
rrnneti +irFnc n haw{{chin We r.rnnt nn to c� I that -i- - -rnl it ay�t fgplc� the cit��a+i��n
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i uit i ytaC aiiu u 1 Jt tt� t I vC UGt aUJC 1 V IN d� %aU�cu uy i lie taKl Ytg G f pYt�NCt'ty or, a
public purpose. Finally, the applicant also points out that the variance, if
granted, would not be detrimental to the public nor injurious to other land
because they would be maintaining existing setbacks and not aggrevating an al
ready existing situation on the property.
The Secretary then reviewed for the Commission the Standards for Variances within
Section 35 -208, 2 of the City Ordinances. Basically, these include: that the
parcel of land is unique that a hardship would result if the requirements of
the ordinance are carried out to the letter; and that the granting of the
variance will,not detrimental to other property in the area.
The Secretary also reviewed the applicant's request fora special use permit
allowing live entertainment in the lounge and entertainment space next to the
full service restaurant. The entertainment, he said, would involve show groups
with dancing available. He then referred the Commission`s attention to the
Standards governing Special Use Permits.
The variance request, he emphasized, is the keystone of the entire proposal. The
City Attorney has indicated that the Zoning Ordinance does not distinguish between
nonconforming uses and nonconforming structures. He stated that if the Planning
Commission were to recommend approval of the variance, it should note in its
recommendation that the proposed use is permitted in the C -2 zoning district,
that the development is consistent with the Comprehensive Plan as well as the
conditions for allowing variances. He distinguished this situation by explaining
that if the buildings were not in their present location or were damaged to the
extend that rebuilding was required, it would be difficult for the applicant to
argue_ that a true hardship existed by being required to conform with existing
setback regulations.
3 -15 -79 -8-
Chairman Pierce asked the applicants whether they had anything to say in response
to the Secretary's presentation. The Secretary - interjected with a question to
the applicants inquiring whether they understood the conditions proposed by the
City, namely: that parking be prohibited along North Lilac Drive; that the City
parcel be included in the plat; that five feet more of roadway be dedicated; and
that the doors along the south side of the building be designed for emergency
exit only. Both John Neal and Steve Nelson replied that they were not at all
opposed to the conditions stipulated by the City and stated that they had nothing
further to add to the applications.
PUBLIC HEARINGS
Chairman Pierce stated that in order to fulfill the requirements of the Zoning'
Ordinance, a public hearing must be held on each application with the exception of
the site and building plan application. He then opened a public hearing concur-
rently on Application Nos 79009, 79010, 79011, 79012 and 79013.:
C LOSE PUBLIC HEARING
Motion by Commissioner Lucht seconded by Commissioner Hawes to close the public
hearing on Application No. 79009, a request for preliminary plat approval. Voting
in favor: Chairman Pierce, Commissioners Hawes, Manson and Lucht. Voting against:
none. The motion passed.
Motion by Commissioner Hawes seconded by Commissioner Lucht to close the public,
hearing on Application No. 79010, a request for a variance from Chapter 15. Voting
in favor: Chairman Pierce, Commissioners Hawes, Manson and Lucht. Voting against:
none. The motion passed.
Motion by Commissioner Lucht seconded by Commissioner Manson to close the public
hearing on Application No. 79012, a request.for a. variance from Chapter 35 relative
to setbacks. Voting in .favor:- Chairman Pierce, Commissioners - Hawes, Manson and
Lucht. voting against: none. the motion passed.
Motion by Commissioner Manson seconded by Commissioner Hawes to close the public
hearing on Application No. 79013, a request for a special use permit for live
entertainment. Voting in favor: Chairman Pierce, Commissioners Hawes, Manson
and Lucht. Voting against: none. The motion passed.
Chairman Pierce stated his opinion that the requirements for a variance to the
sethack standards were met by the applicant. He cited previous examples in the
Southeast Neighborhood. Commissioner Manson added that she did not think the
problem of setback variances would be widespread in other neighborhoods of the
City, and that the variance requests met the standards in the ordinance. Commis-
sioner Hawes stated that he felt the situation was unique and that a hardship
exixted and that the standards for a variance were met. He felt it was important
that the application involved redevelopment of existing structures. He pointed
out that if Lynbrook Bowl were to burn down, he could not recommend such a
variance and felt that existing setback standards would have to be met. Commis-
sioner Lucht maintained that the Lynbrook remodeling would ultimately help the
Northeast Neighborhood. Chairman Pierce observed that the entire C2 area is
in a very viable location for redevelopment. Commissioner Manson added that
the Lynbrook Bowl use is more isolated from residences, and, therefore, little
conflict exists.
The Secretary noted that there were some inconsistencies between the preliminary
plat and the applicants site plan that could have an effect on the proposed
parking layout. He recommended that the Commission table the applications for
two weeks to iron out the problems and to also develop recommended language
for dealing with the variance requests.
3 -15 -79 -9-
RECOMMEND TABLING APPLICATION NOS. 79009, 79010, 79011, 79012, and 79013
'Steve Nelson /Lynbrook Bowl)
Motion by Commissioner Lucht secon7ed by Commissioner Hawes to to a Panning
C ommission Application Nos. 79009, 79010, 79011, 79012 and 79013 noting that 'the
Planning Commission does concur in favor of approving both variances and direct -
ing the Secretary to prepare formal conditions for approval. Voting in favor:
Chairman Pierce, Commissioners Hawes, Manson and Lucht. Voting against: none.
The motion passed.
ADJOURNMENT
Motion by Commissioner Lucht seconded by Commissioner Manson to adjourn the
Planning Commission meeting. Voting in favor: Chairman Pierce, Commissioner
Hawes, Manson and Lucht. Voting aginst: none. The motion passed. The Planning
Commission adjourned at 12:03 p.m.
Chairman
3 -15 -79 -
10
Member introduced - the following resolution and
moved its adoption:
RESOLUTION NO
RESOLUTION ACCEPTING BIDS FOR FURNISHING AND INSTALLING
A TELEPHONE COMMUNICATIONS SYSTEM FOR CITY HALL
WHEREAS, 'the Director of Finance and the City Clerk have reported that
on February 1, 1979 at 11 :00 a.m. C.S.T. they opened and tabulated bids
received for a - telephone communications system for City Hall; and
WHEREAS, 'that said bids were as follows:
1. Cabling Specialists, Inc. $47,155.00
2. Data -Tel, Inc. 52,330.00 -
3. Electronic Design Company 54,633.00
4. Hauenstein & Burmeister, Inc. 44,308.00
5. Norstan Communications System 67,539.00
6. Northwestern Bell Telephone Company 36,537.16
7. Telesys of Minnesota, Inca 44,987.00
WHEREAS, the bid of Northwestern Bell Telephone Company contemplates
the leasing and prepaid leasing of equipment and not the purchase of equipment
as `allc.2 fc S.+ 4hn cnnnifinatinnc• and
WHEREAS, - the bid of Hauenstein & Burmeister, Inc. results in a savings
to the City of Brooklyn Center of approximately $1,1.40 per month or nearly
$13,677 first year of operation and $11,800 per year after the first year of
operation as compared -to - the present telephone system:
NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center that
the bid of Hauenstein & Burmeister, Inc. in the amount of $44,308 for furnishing
and installing a telephone communications system in City Hall is deemed to be
the best bid and be hereby accepted.
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.
MEMO
TO: Gerald G. Splinter, City Manager
FROM: S. Lindman, City Clerk
SUBJECT: Telephone Communications System for City Hall
DATE: March 7, 1979
At the present time our basic telephone system consists of 12 trunk lines
with 83 'telephones using 76 extensions (some extensions have more - than
one phone). The monthly cost for this system, including repairs, is $1,986.15.
The breakdown of - the $1,986.15 comprehends $846.35 for the - trunk lines and
extended stations such as - the garage, fire stations, etc The remainder
$1,139.80 fs for - the equipment and maintenance.
If the City chooses - to purchase the equipment from Hauenstein & Burmeister,
who have - the low and best bid, - the City of Brooklyn Center would only have
the $846.35 per month to pay to Northwestern Bell for - the -trunk lines and
extended lines for the first year following installation of the new system
(assuming - that Northwestern Bell's costs are constant) .
After the new system has been in operation for one War we have the option of
a monthly maintenance contract at $1.85 per phone per month, using an approxi-
mation of 84 phones @ $l .85 per month totals a charge of $155.40 per month
($1,864.80 per year), or we also can opt for maintenance on a - time and material
basis.
In comparing - the Hauenstein & Burmeister bid with -the Northwestern Bell
Telephone bid, consideration must be given to the Northwestern Bell monthly
service charge of $662.30 or $7,947.60 annually. This annual sum deducted
from - the difference of the two bids (Hauenstein & Burmeister $44,308 - North-
western Bell $36,537.16 = $7,780.84) leaves a minus sum of $176.76 the first
year of operation of the new system The second year of operation would cost
$1,508.65 per month with Northwestern Bell and $1,001.80 per month with
Hauenstein & Burmeister, a monthly cost differential of $506.85 or $6,082.20
annually.
Amortizing the cost of the new system ($44,308) against what we now have will
take approximately 37 months, following which the City will enjoy a relatively
inexpensive and efficient telephone system.
- ASL:dkw
ANNUAL COST AFTER PURCHASE 'OF SYSTEMS
Northwestern Bell Hauenstein & Burmeister
Monthly Line Charge
(Phone Bill) $846.35 $846.35
Monthly Maintenance
or Lease Charges 662;30 155.40
(lease) (maintenance)
Annual Cost
(Budget Impact) 18,103.80 12, 021.60
Hauenstein &- Burmeister system will save the City annually at
least'$6,082.20
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING WELL MAINTENANCE PROJECT NO.
1979 -4 (WELL #8) AND ORDERING PREPARATION OF PLANS
AND SPECIFICATIONS
WHEREAS, a recent deterioration of the side walls of Well #8
has caused a restriction in the diameter of said well; and
WHEREAS, said restriction has reduced the capacity of said
well by approximately 40 %; and
WHEREAS, the City Engineer and the City Manager concur and
recommend remedial maintenance work is necessary; and
WHEREAS, the City Council deems it necessary to initiate Well
Maintenance Project No. 1979 -4.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center, Minnesota, to direct the City Engineer to
prepare plans and specifications for said maintenance project described
as follows:
1979 -4 - Well Maintenance (Well #8)
Reconditioning of one 320 foot deep well (Well #8) located
at 7230 Camden Avenue North.
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 Y6
and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WELL
MAINTENANCE PROJECT NO. 1979 -4 AND DIRECTING ADVERTISEMENT
FOR BIDS (UTILITY CONTRACT NO. 1979 -C)
BE IT RESOLVED by the City Council of 'the -City of Brooklyn Center,
Minnesota, as follows:
1. The plans and specifications for the following improvement
prepared by the City Engineer are hereby approved and ordered filed with
the City Clerk:
Well Maintenance Project No. 1979 -4
2." The City Clerk shall advertise for bids for such improvement
by publication at least once in the official newspaper and the Construction
Bulletin, date of first publication not less than ten (10) days
prior to the date for receipt of bids. Said notice shall state that no
bids will be considered unless sealed and filed and accompanied by a
bid bond, cashier's check or certified check payable to the City Clerk
in the amount of not less than five percent (50) of the bids.
3. Bid date is set for Wednesday, April 18, 1979, at 11:00 a.m.,
central standard time.
4. The City Manager and City Engineer shall be authorized to
open and tabulate the bids.
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
(DISEASED SHADE TREE REMOVAL CONTRACT NO. 1979 -B)
WHEREAS, the City Clerk and the City Engineer have reported that
on March 21, 1979, at 11:00 a.m., central standard time, they opened and
tabulated bids received for Contract No. 1979 consisting of Diseased
Shade Tree Removal Improvement Project No. 1979 -3 that said bids
were as follows:
Contractor Total Bid
Weiler Company $45,235.00
Haines Tree Service, Inc. 45,411.90
Design Tree Service 45,521.60
Allstate Tree Service 45,812.50
George Haines Tree Service 46,874.75
Bredwell 47,153.50
Langer's Tree Service 47,296.00
WHEREAS, the City Engineer has analyzed said bids and has found
the apparent low bid to be in order.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, that the quotation of Weiler Company
in the amount of $45,235.00 as to furnishing all labor, equipment, and
materials in conjunction wit; t e aforcl�.;:.�ticrud improvc- crt prcjc .t,
according to the specifications therefor now on file in the ofzice of
the City Clerk, is deemed to be the lowest and best bid submitted for
said work by a responsible contractor and said bid is hereby accepted.
BE IT FURTHER RESOLVED to authorize the Mayor and City Manager
to execute a contract with said contractor.
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.
0 RESOLUTION,ACCEPTING BID AND APPROVING CONTRACT FORM
(PEDESTRIAN /BICYCLE BRIDGE PORTION OF SHINGLE
TRAILWAYS CONTRACT NO. 1979 -A)
WHEREAS, the City Clerk and the City Engineer have reported that
on March 14, 1979, at 11:00 a.m., central standard time, they opened and
tabulated bids received for Contract 1979 -A, consisting of the pedestrian /
bicycle bridge portion of Shingle Creek Trailways Improvement Project
No. 1978 -42, and that said bids were as follows:
Contractor Total Bid
Continental Custom Bridge, Inc. $20,591.00
DeBourgh Manufacturing Company 26,785.00
WHEREAS, the City Engineer has analyzed said bids and has
found the apparent low bid to be in order.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, that the bid of Continental Custom
Bridge, Inc., in the amount of $20,591.00 as to furnishing all labor,
equipment, and materials in connection with the aforementioned improvement
project, according to the 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 contractor and said bid is hereby accepted.
BE IT FORTH ER RESOLVED to auL uwriLC Lhe Mayor and City 1- 1 1anager
to execute a contract with said contractor.
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 PERTAINING TO MINNESOTA DEPARTMENT OF
TRANSPORTATION AGREEMENT NO. 59337 REGARDING CITY
INSPECTION OF UTILITIES AND STATE ACQUISITION OF
EASEMENTS WITH RESPECT TO' THE RELOCATION OF UTILITIES
AT THE INTERSECTION OF SHINGLE CREEK PARKWAY AND FI 94.
BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. That the City of Brooklyn Center enter into an agreement
with the State of Minnesota, Department of Transportation, for the
following purposes,to wit:
a. To reimburse the City of Brooklyn Center for
construction inspection services in relation
to the inspection of utilities relocation in
conjunction with construction of Shingle Creek
Parkway over FI 94.
b. To reimburse the City of Brooklyn Center in the
amount of $11,925.00 for State acquisition of
easement rights held by the City over Parcels
39C and 239A as shown on Minnesota Department
of Trans P ortation right -of -way plat No. 27 -5
(Document #1305254)
2. That the Mayor and City Manager are hereby authorized to
execute such agreement and thereby assume for and on behalf of the
City all of the contractual obligations contained herein.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF
TRANSPORTATION AGREEMENT NO. 59356 REGARDING CONSTRUCTION
OF SHINGLE CREEK PARKWAY FROM CITY HALL TO 65TH AVENUE NORTH
BE IT RESOLVED by the City Council of,the City of Brooklyn Center,
Minnesota, as follows:
1. That the City of Brooklyn Center enter into an agreement
with the State of Minnesota, Department of Transportation, for the
following purposes, to wit:
To provide for payment by the City to the State of the
full cost of the roadway, storm sewer and drainage
facilities, and other associated and miscellaneous
construction to be performed by the State under contract
upon, along, and adjacent to Shingle Creek Parkway in
order to connect the existing City street to the north
and south roadway approaches to proposed Bridge No.
27910 over interstate trunk highway No. 94.
2. That the Mayor and City Manager are hereby authorized to
execute such agreement and thereby assume for and on behalf of the
City all of the contractual obligations contained herein.
3, That $80,665.73 be appropriated from State Aid Construction
,Account #2613 for the City of Brooklyn Center's share of said Agreement
No. 59356
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. -
NOTE:
The City Attorney has been asked to review the contract and will be
prepared to comment Monday evening. It may be necessary to make
some revisions in the contract. If the contract is acceptable as
is, the Council can approve the contract by motion rather than by
resolution.
J� .
CONSULTING AGREEMENT
BY AND BETWEEN
CITY-OF BROOKLYN CENTER
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota.55430
and
MERILA- HANSEN, INC.
1601 67th Avenue North
Brooklyn Center, Minnesota 55 4 3 0
THIS AGREEMENT entered into this day of March, 1979 b
and between the City of Brooklyn Center (hereinafter the City
and Merila- Hansen, Inc. (herinafter the Consultant) to provide
certain professional engineering services as set forth below:
I. WORK TO BE PERFORMED
The Consultant shall furnish professional engineering
services with respect to individual projects as assigned
by the City. The Consultant will provide all necessary
facilities, equipment and experienced staff to perform the
services under this agreement in a competent and workmanlike
manner.
II. COMPENSATION
In consideration for services under this agreement, the
Consultant shall be compensated in accordance with the
attached Standard Fee Schedule, which shall be adjusted
annually each January.
In addition to charges in accordance with the attached
Standard Fee Schedule, the following expenses will be
charged at cost:
1) Costs of other engineering services, laboratory
analysis, soil borings and tests, computer time,
etc., by others.
2) Printing costs.
3) Long distance telephone charges.
4) Local travel costs, e.g. automobile expenses @ $0.20
per mile.
5) Out of town travel and living expenses.
6) Other direct costs, not enumerated above, necessarily
incurred in connection with the work, with the City's
prior approval if the amount in any one instance
exceeds $50.00.
Page 2
The Consultant may bill the City on a monthly basis and
provide any reports, invoices and records which the City
may reasonably require. The City will make payment on
the basis of properly itemized and documented invoices
promptly after receipt and approval of such invoices.
The City shall also make payment.for. all services which
are rendered but not billed prior to the termination
of the agreement as provided in Paragraph VII.
III INDEPENDENT CONTRACTOR
In rendering services hereunder, the Consultant shall be
an independent contractor and no employer /employee relation-
ship shall rise out of or result from rendering such
services.
IV. INSURANCE
The Consultant shall obtain insurance satisfactory to the
City as to amounts and coverage covering the work to be
performed by the Consultant under this agreement and furnish
the City with copies of Certificates of Insurance.
V. REPRESENTATIVES
James R. Merila, P.E., President, the Consultant, will be
representative for the purposes of this agreement. Mr
James Noska, Superintendent of Engineering, will be the
City's representative for the purposes of this agreement.
VI. SUARANTEES
No warranty, either expressed or implied, is made as to
.findings, recommendations, specifications, cost estimates,
or professional advice except that they were conscientiously
prepared in accordance with generally accepted professional
engineering practices.
VII. TERMINATION
This agreement shall be effective from March 1979}
and shall remain in force until terminated by either p-rty
by giving 30 days notice of termination in writing to the
other party.
IN WITNESS WHEREOF, the City and Consultant have executed
this agreement as of March 1979
Approved as to form and execution this day of March,
1979.
CITY OF BROOKLYN CENTER MERILA- HANSEN, INC
By By
City Manager James R. Merida, P.E.
By President
Mayor
March, 1979
STANDARD FEE SCHEDULE
Principle $30.00
Project & Office Engineer $25.00
Design Engineer $22.50
Senior Technician $20.00
Junior Technician $15.00
Secretary $12.50
Survey Party
3 Man Party $45.00
2 Man Party $35.00
CONSULTING AGREEMENT
BY'AND BETWEEN
CITY OF BROOKLYN CENTER
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
and
NIERILA-HANSEN, INC
1601 67th Avenue North
Brooklyn Center, Minnesota 55430
THIS AGREEMENT entered into this day of March, 1979 b
and between the City of Brooklyn Center (hereinafter the City
and Merila- Hansen, Inc (herinafter the Consultant) to provide
certain professional engineering services as set forth below:
rr
I. WORK TO BE PERFORMED
The Consultant shall furnish professional engineering
services with respect to individual projects as assigned
by the City. The Consultant will provide all necessary
facilities, equipment and experienced staff to perform the
services under this agreement in a competent and workmanlike
manner.
II. COMPENSATION
In consideration for services under this agreement, the
Consultant shall be compensated -in accordance with the
attached Standard Fee Schedule, which shall be adjusted
annually each January.
In addition to charges in accordance with the attached
Standard Fee Schedule, the following expenses will be
charged at cost:
1) Costs of other engineering services, laboratory '
F analysis, soil borings and tests computer time,
etc., by others.
2) Printing costs.
3) Long distance telephone charges.
4) Local travel costs, e.g. automobile expenses @ $0.20
per mile.
5) Out of town travel and living expenses.
6) Other direct costs, not enumerated above, necessarily
incurred in connection with the work, with the City's
prior approval if the amount in any one instance
exceeds $50.00.
Page 2
The Consultant may bill the City on a monthly basis and
provide any reports, invoices and records which the City
may reasonably require. The City will make payment on
the basis of properly itemized and documented invoices
promptly after receipt and approval of such invoices
The .City shall also maze payment for all se rvices which
are rendered but not billed prior to the termination
of the agreement as provided in Paragraph VII
III. INDEPENDENT CONTRACTOR
In rendering services hereunder, the Consultant shall be
an independent contractor and no employer /employee relation -
ship shall rise out of or result from rendering such
services.
IV. INSURANCE
The Consultant shall obtain insurance satisfactory to the
City as to amounts and coverage covering the work to be
performed by the Consultant under this agreement and furnish
the City with copies of Certificates of Insurance.
V REPRESENTATIVES
James R. Merila, P.E., President, the Consultant, will be
representative for the purposes of this agreement. Mr
James Noska, Superintendent of Engineering, will be the
City's representative for the purposes of this agreement.
VI. GUARANTEES
No warranty, either expressed or implied, is made as to
findings, recommendations, specifications, cost estimates
or professional advice except that they were conscientiously
prepared in accordance with generally accepted professional
engineering practices.
VII. TERMINATION
This agreement shall be effective from March 1979,
and shall remain in force until terminated by either party
by giving 30 days notice of termination in writing to the
the
o r . art
P Y
IN WITNESS WHEREOF, the City and Consultant have executed
this agreement as of March 1979•
Approved as to form and execution this day of March,
1979•
CITY OF BROOKLYN CENTER MERILA- HANSEN, INC
By By
City Manager James R. Merila, P.E.
By President
Mayor
I
March, 1979
STANDARD FEE SCHEDULE
Principle $30.00
Project & Office Engineer $25.00
Design Engineer $22.50
Senior Technician $20.00
Junior Technician $15.00
Secretary $12.50
Survey Party
3 Man Party $45.00
2 Man Party $35.00
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF ONE 10'
ROTARY LAWN MOWER
WHEREAS, the City Clerk and the Acting Director of Public
[corks have reported that on March 21, 1979 at 11:00 a.m. they opened
and tabulated bids received for furnishing and delivery of one 10'
rotary lawn mower and that said bid was as follows:
Bidder Bid Price
Lawn Care & Equipment Co. $9,400
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the bid of Lawn Care & Equipment Company in
the amount of $9,400 for furnishing and delivering one 10' rotary lawn
mower in accordance with the specifications is deemed to be the best
bid submitted by a responsible bidder and said bid is hereby accepted.
Date Mayor.
ATTEST;.. ..
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member , and upon vote being taken
thereon the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE
AND EXECUTION UTION OF EASEMENT DOCUMENTS FROM THE CITY OF
BROOKLYN CENTER TO THE MINNESOTA DEPARTMENT OF TRANS-
PORTATION IN THE AREA OF FREEWAY PARK
THE CITY COUNCIL OF THE 'CITY OF BROOKLYN CENTER DOES (ORDAIN AS FOLLOWS:
Section 1: PREAMBLE
WHEREAS, on August 19, 1974, the Brooklyn Center City Council
adopted Resolution No. 74 -144 approving the concept_of utilizing
designated park land abutting Interstate 94 for highway construction
purposes; and
WHEREAS, the said resolution approved the concept of utilizing
the designated park land for the purpose of constructing a portion of
the Shingle Creek Parkway interchange and noise abatement mounds along
Interstate 94 subject to the State replacing the said land with
appropriate land acquired by the Minnesota Highway Department for
highway purposes, ,provisions for pedestrian and bicycle facilities to
be provided along Shingle Creek across said Interstate 94, and the green
, strip along Shingle Creek to be acquired by the Minnesota Highway
J7epart-ment to be developed by said Highwav Department in a manner
cungJ -A .ble Lo Lhe 1tta5Ler plaab u. Lhe C:iLy of Brooklyn, iiv .6u.i.
Shingle Creek green strip area; and
WHEREAS, it is determined that the 'property is not essential
for public use and it is in the best interests of the citizens of Brooklyn
Center to convey the subject _property to the Minnesota Department of
Transportation; and
WHEREAS, it is determined that the conditions set forth in
Resolution No. 74 -144 provide for equitable compensation for said
property conveyance.
It is,therefore,determined to convey the following described
real estate to the Minnesota Department of Transportation, consistent
to Section 12.05 of the City Charter.
Section 2: Property description in terms of conveyance
That the City of Brooklyn Center owned property described as
ORDINANCE NO.
Parcel 229:
That part of Tract A described below:
Tract A. The north 230.7 f eet of the west 175 feet of
the east 1050 feet of the land described as the
Southwest Quarter of the Northeast Quarter of
Section 34, Township 119 North, Range 21 West,
Hennepin County, Minnesota, lying east of the
east line of Lot 8, Auditor's Subdivision No. 25,
except the right of way of Trunk Highway No. 94
as now located and established; the title thereto
being registered as evidenced by Certificate of
Title No. 186102;
which lies southerly of Line 1 described below:
Line 1. From a point on Line 2 described below, distant
366.93 feet easterly of its point of beginninq,
run northerly at right angles to said Line 2
for 100 feet to the point of beginning of Line l
. to be described; thence run westerly to a point
distant 110 feet northerly (measured at right
,an rnf a poini- o a�i TAne 7 Ai Stmt-
feet easterly of its point of bee inning and there
terminating;
Line 2. Beginning at a point on the north and south quarter
line of said Section 34, distant 1138.7 feet north
of the center thereof; thence run easterly at an
angle of 86 degrees 00 minutes 26 seconds from
said north and south quarter line (measured from
south to east) for 402.01 feet; thence deflect to
the right on a 1 degree 00 minute 00 second curve
(delta angle 21 degrees 18 minutes 45 seconds) for
2131.25 feet and there terminating;
containing 0.02 acre, more or less;
together with all right of access, being the right of ingress to
and egress from that part of Tract A hereinbefore- described not
acquired herein to Trunk Highway No. 94;
also a temporary easement for highway purposes for the following
described strip of land, which right shall cease on December 1,
1983, or on such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer
needed for highway purposes:
ORDINANCE NO.
A strip being that part of Tract A hereinbefore described
adjoining and northerly of the above described strip, which
lies southerly of a line run parallel with and distant 140
feet northerly of Line 2 described above;
containing 0.15 acre, more or less
Parcel 231, 232, 233, and 237
A temporary easement for highway purposes for that part of Tract
A described below, which right shall cease on December 1, 1983,
or on such earlier date upon which the Commissioner of Transportation
determines by formal order that it is no longer needed for highway
purposes-
Tract A. The east 875 feet of the north 230.7 feet of
the Southwest Quarter of the Northeast Quarter
of Section 34, Township 119 North, Ranee 21
West, Hennepin County, Minnesota, except
therefrom the right of way of Trunk Highway
No. 94 as now located and established,
which lies southerly of a line run with and distant
140 feet northerly of Line 1 described below:
Line 1. Beginning at _a point,on the north and south
quarter line of said Section 34, distant 1138.7
feet north of the center thereof thence run
easterly at an angle of 86 degrees 00 minutes
26 seconds from said north and south quarter
line (measured from south to east) for 402.01
feet; thence deflect to the right on a 1 degree
00 minute 00 second curve (delta angle 21 degrees
18 minutes 45 seconds) for 2131.25 feet and there
terminating;
containing 0.82 acre, more or less,
may be conveyed to the Minnesota Department of Transportation
in consideration of the conditions set forth in Resolution
No. 74 -144.
The Mayor and City Manager are hereby authorized to execute an
"Offer to Sell and Memorandum of Conditions" document setting forth the
conditions as represented by this ordinance and a warranty deed for said
conveyance after all conditions of sale have been satisfied for Parcel
229 and to execute temporary easement documents for Parcel 231, 232 233
and 237 for conveyance of easements after all conditions have been satisfied.
ORDINANCE NO,
Section 3. This ordinance shall become effective after adoption
and thirty (30) days following its legal'publication.
Adopted this day of 19
Mayor
ATTEST:
Clerk
Published in the official newspaper
Effective Date
(Underline indicates new matter).
/Z -)
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 REGARDING THE OPERATION
OF CERTAIN GAMBLING DEVICES BY LICENSED ORGANIZATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS:
' Section 1. Chapter 23 of - the City Ordinances of the City of Brooklyn Center
is hereby amended as follows:
Section 23 -1901 LICENSE REQUIRED. No person, except a fraternal,
religious,. veterans or other nonprofit organization covered by Minnesota Statutes
Section 290.05, Subd. 1, Clause I or K, which organization has been in existence
for at least - three years and has at least 30 present, active members, all of whose
membership dues are fully paid and who have been members for at least six months,
shall possess, keep, use, control or operate any gambling device or have any
interest in - the, operation, possession, use or control of gambling devices or conduct
or operate a raffle or have any interest in the operation or conduct of a raffle includ-
ing possession of raffle apparatus or sale of - tickets. No fraternal, religious,
veterans or other nonprofit organization as described herein, shall possess, keep,
use, control or operate any gambling devices or conduct or operate a raffle or have
any interest in - the operation or conduct of a raffle including possession of raffle
anpara•tus or - the sale of tickets without being duly and lawfully iicensed as set
forth herein. There shall be a class A gambling license and a class B gambling
license, eligibility for which shall be determined by the annual gross receipts,
actual or projected of 'the organization's gambling operation. A class A license
must be obtained by organizations whose annual gross receipts, actual or projected,
as determined by , the City Council are less than $3,000. A class B license must be
obtained by organizations whose annual gross receipts, actual or projected, as
determined by the City Council are equal to or exceed $3,000. If the annual gross
receipts of an organization holding a class A license exceed •the maximum permitted
under said class A license, that organization must then apply for, pay the fees for,
and be issued a class B license in the future.
Section 23 -1903. LICENSE FEES LICENSE INVESTIGATIONS & LICENSE
YEARS. [The annual license fee is $25 and the fee for - the investigation for the
purposes of issuing a license is $50.1 The annual license fee for a class A
license is $5 and the fee for investigation for the purposes of issuing this licen
is $5. The annual license fee for a class B license is $25 and the fee for investi-
gation for the purposes o f issuing this license is $50. The license fee and fee for
'the investigation for issuance of a license shall be paid when the application is
filed. In - the event that - the application is denied or in - the event that - the license
ORDINANCE NO.
once issued is revoked, canceled or surrendered, no part of the annual license
fee or fee for the investigation for the issuance of a license shall be returned 'to
the applicant unless by express action of the City Council. Only one license
shall be granted to each organization for each year. The licensee shall display the
license in a prominent place on the licensed premises at all times: Gambling
devices, raffles and all apparatus related - to either shall be kept, maintained,
operated or conducted by licensed organizations only upon the premises which it
owns or leases except - that - tickets for raffles may be sold off the premises. A
license unless revoked, suspended or canceled is for - the calendar year or part
thereof for which it has been issued. The fee for the investigation for issuance
of a license must be tendered with each new application for a license and must
also be paid at any time when there is a proposed change of ownership, change
of gambling manager or reapplication for a license wherein additional or different
parties other - than the original licensee, parties and gambling manager are pro-
posing - to be licensed. All licenses granted herein are non-transferable. The City
Council shall act upon a license application within 180 days from the date of
application, but shall not issue a license until at least 30 days after - the date of
application.
Section 2. This ordinance shall become effective after adoption and upon
- thirty (30) days following its legal publication.
Adopted - this day of 1979.
Mayor
ATTEST
Clerk
Date of Publication
Effective Date
(Brackets indicate matter - to be deleted underline indicates new matter.)
CITY OF BROOKLYN CENTER
ORDINANCE NO. '
AN ORDINANCE AMENDING CHAPTER 23 .REGARDING THE OPERATION
OF BINGO BY LICENSED ORGANIZATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS
Section 1. Chapter 23 of the City Ordinances of 'the City of Brooklyn
Center is hereby amended as follows
Section 23 -601. LICENSE REQUIRED. No person, except a fraternal,
religious, veterans or nonprofit organization governed by Minnesota Statutes
Section 290.05, which organization has been in existence for at least three
years, has at least 30 present, active members, who have been members for at
least six months and whose conditions of membership are duly fulfilled, shall
operate, conduct or participate in bingo or bingo occasions nor have any interest
in -the operation, conduct or participation in bingo or bingo occasions nor possess
bingo cards, bingo numbers, bingo accouterments or bingo paraphernalia. No,
fraternal, religious, veterans or other nonprofit organization as described herein,
shall operate, conduct or participate in bingo or bingo occasions or have any in-
terest in the operation, conduct or participation of or in bingo or bingo occasions
or possess bingo cards, bingo numbers, bingo accouterments or bingo parapher-
nalia without first being duly and lawfully licensed a5 se[ forth huieit . T'heie
shall be a class A bingo license and a class B bingo license, eligibility for which
shall be determined by the annual gross receipts, actual or proje of the
organization's bingo operation. A class A lice must be obtained by organiza
'tions whose annual gross receipts, actual or projected, as determined by the _City
Council are less than $1,500. A class B license must be obtained by organizations
whose annual gross receipts, actual or projected, as determined by - the City Council,
are equal - to or exceed $1,500. If the annual gross receipts of an organization hold -
ing a class A license exceed the maximum permitted under said class A license,
'that organization m then apply for, pay the fees for and be issued a class B
license in the future.
Section 23 -603. LICENSE FEES LICENSE INVESTIGATIONS AND LICENSE
YEARS. [The annual license fee is $25 and the fee for investigation for the purposes
of issuing a license is $50.1 The annual license fee for a class A license is $5 and
the fee for investigation for the purposes of issuing this license is $5. The annual
license fee for a class B license is $25 and the fee for investigation for 'the purposes .
of issuing this license is $50 The license fee and fee for the investigation of
issuance of a license shall be paid when the application is filed. In the event that -
'the application is denied or in the event that the license, once issued, is revoked,
canceled or surrendered, no part'of the annual license fee or fee for the investiga-
tion - the issuance of a license shall be returned to the applicant unless by
I
ORDINANCE NO.
expressed action of the City Council. Only one license shall be granted to each
organization for each year. The licensee shall display the license in a prominent
place on the licensed premises at all times . Bingo games, bingo occasions
bingo numbers, cards, accouterments and paraphernalia shall be kept, maintained,
operated or conducted by licensed organizations only upon the premises which it
owns or leases. A license, unless revoked, suspended or canceled, is for the
calendar year or part thereof for which it has been issued. The fee for the investiga-
tion for issuance of a license must be tendered with each new application for a
license and must also be paid at any time when there is a proposed change of
ownership, change of bingo manager or reapplication for a license wherein addi-
tional or different parties other than - the original licensee, parties and bingo
manager are proposing - to be licensed. All licenses granted herein are nontrans-
ferable The City Council shall act upon a license application within 180 days
from the date of application, but shall not issue a license until at least 30 days
after -the date of application.
Section 2. This ordinance shall become effective after adoption and upon
- thirty (30) days following its legal publication
Adopted - this day of 1`97
� 1V1 a Y of
ATTEST:
Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
CITY
OF 6301 SHINGLE CREEK PARKWAY
B IwOKLYN
BROOKLYN CENTER, MINNESOTA 55430
C EX-FER TELEPHONE 561 -5440
EM R - _
E GENCY POL,lCE FIFtE
�n
561 -5720
March 21, 1979
TO: Property owners along 53rd Avenue North from Camden to Colfax
Avenue North.
A continuance of the discussion regarding alternatives for the upgrading
of 53rd Avenue in the area between Camden and Colfax Awenaes North will
be conducted at the March 26, 1979 City Council meeting. The discussion
is scheduled on the agenda for 8:00 p.m.
The Engineering Department will be presenting the results of a further
survey of preferences for upgrading 53rd Avenue in this area at this
iic% %17iy . c urther comments from aLutt properly' owners ill a lso be
* entertained at this meeting
very Tf my YoUrs,
James M. Noska, P.E.
Acting Director of Public Works
CITY OF BROOKLYN CENTER
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300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291 -6359
March 19, 1979
Mr. Gerald Splinter
City of Brooklyn Center
6301 Shingle Creek Pkwy.
Brooklyn Center, Minn. 55430
Dear Jerry:
Governor Quie appointed me to the Metropolitan Council on March 7th.
At the time of the appointment he told me that it was his wish
that I keep in close contact with all the Municipalities and Town
Boards in District 12,
I intend to comply with his request. Therefore, I write now to
formally open communication with each of you and your Council I
would like you to let me know when it would be appropriate for me
to attend a Council or Council - Planning Commission meeting. Obviously,
because of the numbers of towns and cities involved in District 12
and further because of the meetings of the Metropolitan Council there
will be many conflicts.. We will work our way through that.
Please then call Rosemarie Johnson at 291 - 6461 or (me at 379 - 9633) to
set up a date that will be compatible with my schedule and appropriate
for yours.
I look forward to working with you on our problems.
Sinc ely,
Ro Scherer
g
Council Member, District 12
RS /kg
An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising:
Anoka County 0 Carver County 0 Dakota County o Hennepin County 0 Ramsey County 0 Scott County 0 Washington County
the City Council on March 26 1979
Licenses to be approved by y ,
FOOD ESTABLISHMENT LICENSE
Brookdale Covenant .Church 5139 Brooklyn Boulevard
St. Alphonsus Church 7025 Halifax Avenue North 7`., 2-1 �1
Willow Lane School 7020 Perry Avenue North �". _ il Ct /'✓
Sanitarian
HOUSEMOVER'S LICENSE
Badger Mover's, Inc. 3550 Grimes Avenue North -/
Building Official
ITINERANT FOOD ESTABLISHMENT LICENSE
Jaycee Women 4513 Woodbine Lane
Earle Brown School 5900 Humboldt Avenue North
Sanitarian
MECHANICAL SYSTEM'S LICENSE
Berghorst Plumbing & Heating 10732 Hanson Boulevard
A. Binder & 'Son, Inc. 120 East Butler Avenue Cs t't _,t_y .
Commerical Air Conditioning, Inc. 2200 Niagara Lane
Hayes Contractors, Inc. 1010 Currie Avenue a_.t
Minnesota Gas Company 733 Marquette Avenue
Northeast Sheel Metal, Inc 4347 Central Avenue N.E.
Thompson Air Conditioning 5115 Hanson Court
Trane Home Comfort Center 880 Colorado Avenue South
Building Official
NONPERISHABLE VENDING MACHINE LICENSE
Coca -Cola Bottling Company 1189 Eagan Industrial Road
Arctic Metals 6530 James Avenue ivurtli
Sanitarian jf
PERISHABLE VENDING MACHINE LICENSE
Cola -Cola Bottling Company 1189 Eagan Industrial Road
Arctic Metals 6530 James Avenue North
Sanitarian
RENTAL DWELLING LICENSE
Initial:
Gordon & Joanne Sandahl 6836 Drew Avenue North
Renewal: p
Boyer Palmer 6101 Beard Avenue North
Richard E. Gunderson 6109 ,11,13 Beard Avenue No.
Earl James Backer 7018 Brooklyn Boulevard
Manferd Rasmusson & '
John Christensen 7040 Brooklyn Boulevard ..G—
Catherine P. Shefeluk 3012,18 - 51st Avenue No.
Robert Tombers Willow Lane Apartments
Director of Planning
and Inspection
SIGN HANGER'S LICENSE
Gold Medal Beverage Company P. 0. Box 3466 �•�l• Q��'
Lawrence Sign Company 945 Pierce Butler Route
Building Official J/
SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE
.Weight Loss Clinic Old York Road, Room 214A
Weight Loss Clinic 6040 Earle Brown Drive ?
Sanitarian —�