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HomeMy WebLinkAbout1979 01-22 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center January 22, 1979 7;00 p.m. 1. Call to Order 2 . Roll Call 3 . Invocation 4. Approval of Minutes - January 8, 1979 5. Open Forum S • Appointments a. Planning Commission -The term. of Mr. Harold Pierce expired December 31, 1978. Mr. Pierce has indicated a willingness - to serve another term. 7. Planning Commission Items (8.00 p.m.), a. Application No. 79002 submitted by Janis Blumentals for BCIP for site and building plan approval for an approximate A, # - square foot specula - tive building at 67 Avenue North and Shingle Creek Parkway. The application was recommended for approval at the January 11, 1979 Planning Commission meeting. b. Application No. 79003 submitted by Harold J. Westin & Associates for site and building plan approval for an approximate 7,700 square foot addition to - the Group Health Clinic at 6845 Lee ,Avenue North. The application was recommended for approval at the January 11, 1979 Planning Commission meeting. 8. Resolutions: a. Pertaining to Technical and Engineering Assistance Agreement with the State of Minnesota Department of Transportation -The attached draft resolution is adopted annually providing the capability for 'the City Engineer to request and obtain from - the Minnesota Department of Transportation needed engineering and , technical services during the coming year. The resolution authorizes the Mayor and City manager - to enter into such an agreement and further authorizes - the City Engineer to act for and on behalf of - the City of Brooklyn Center in making such requests b. Pertaining - to Agency Agreement with the State of Minnesota Department of Transportation -The attached draft resolution provides for appointing - the Commissioner of Transportation - to act as the Ci•t',,r's agent in accepting federal aid in the City's behalf for road and bridge construction and in contracting for - the construction financed either all or in part by federal funds. The agreement that the City would be entering Into is a standard agreement prepared by CITY COUNCIL AGENDA -2 January 22, 1979 the State aid division of MN /DOT for execution by the numerous municipalities participating in 'the Federal Aid Urban Program. The resolution and agreement is necessary for proceeding with the con - struction of a pedestrian /bicycle bridge across Highway 100 from Summit Avenue to 59th Avenue North. The City entered into the same type of agreement with MN /DOT in January; 1978. The new agreement provides for the agreement to remain in effect until canceled by either party. c. Accepting Work for Street Grading, Base and Surfacing Improvement Project No. 1977 -17 -The work for - the project has been satisfactorily completed by C. S. McCrossan, Inc. under Paving Contract 1977 -j. The project is located on Unity Avenue North northerly of 69th Avenue in Phase II -of - the Ponds Development Project. d. Accepting Work for Curb and Gutter, Improvement Project No. 1977 -18 -The work for the project has been satisfactorily completed by C. S. McCrossan, Inc. under Paving Contract 1977 -1. The project is located on Unity Avenue North northerly of 69Th Avenue in Phase II of - the Ponds Development Project. e. Accepting Work for Street Base Improvement Project No. 1978 -2B -The project is located on 70th Avenue North from Brooklyn Boulevard easterly -to future Kyle Avenue North. f. Accepting Work for Street Base Improvement Project No. 1978 -20B -The location of the project is on Irving Avenue from 70th Avenue southerly - to Irving Lane, and Irving Lane from Irving Avenue westerly. g. Accepting Work for Street Base Improvement Project No. 1978 -24B -The project is located on Aldrich Avenue North from the cul-de-sac north. h. Accepting Work for Street Base Improvement Project No. 1978 -27B - Located on James Circle from Freeway Boulevard southerly - to the cul -de- sac. The work on 'the four projects as listed in Resolutions 8e 'through 8h has been satisfactorily completed by United Asphalt Co. , Inc. under Paving Contract No. 1978 -I. i. Establishing Storm Sewer Improvement Project 1979 -2 and Ordering Preparation of Plans and Specifications -In conjunction with proposed street project along 53rd Avenue North it is recommended - that storm sewer revisions and additions be accomplished at - this time. CITY COUNCIL AGENDA -3- January 22, 1979 j. Establishing Water Main Improvement Project No. 1979 -1 and Ordering Preparation of Plans and Specifications -In conjunction with - the proposed street project along 53rd Avenue North it is recommended that water main be installed at 53rd Avenue North from Bryant Avenue - to 4th Street North. k. Approving the Purchase of 2,00b Ft. of 1 -1/2 Inch Fire Hose and 2,000 Ft of 2 -1/2 Inch Fire Hose -Fire hose was included in the 1979 fire department capital outlay budget. 1. Expressing Recognition of and Appreciation for the Dedicated Public Service of Michael Schroeder m. Expressing Recognition of and Appreciation for 'the Dedicated Public Service of Sylvia Winkelman n. Expressing Recognition of and Appreciation for the Dedicated Public Service of Vi Kanatz o. Renewing Insurance Contract p. Approving the Purchase of One Pickup Truck for Public Utilities 9. Discussions Items; a. Special HRA Legislation for Brooklyn Center - -A proposed bill has been drafted by Jim Holmes which would authorize the City of Brooklyn Center to use HRA money for rehabilitation grants and loans b. Proposed Charter Amendments Memorandum has been prepared which summarizes the points of agreement and disagreement between - the City Council and - the Charter Commission concerning - the proposed Charter amendments. c. Critical Areas Plan - Council has received - the Critical Areas Plan Document, Approval of document will be considered. d Standardized Pay Schedule for Part -time Clerical Employees - Informational item. No Council action is required. e Local Board of Equalization - Council should set a date, - time -and location for the Local Board of Equalization meeting. A date in - the week of June 4, 1979 is recom- mended. CITY COUNCIL AGENDA -4- January 22, 1979 f. Cable Television - Northern Cable Television, Inca is presenting a proposal asking for approval of a CST consisting of - the municipalities of Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Center, Brooklyn Park, Osseo, Plymouth and Medicine Lake. A representative of Northern Cable Television, Inc. would be available - to explain - the proposal if the City Council requests. g. Approval of Animal Patrol Contract -It is recommended a motion by - the City Council be made approving - the 1979 contract with Municipal and Private Services, Inc: (MAPSI) for animal control. h. Agreement with Hennepin County , to Provide Community Health Services , Under the Community Health Services Act of 1976 -A motion is recommended approving the agreement. The agreement is essentially - the same as in 1977 and 1978 and allows the City •to use Community Health Services subsidy funds - to support environmental health activities within the City of Brooklyn Center. 10. Rental License a. Temporary extension of rental license for a 4 -plex located at 5328 - 4th Street North owned by Robert Bobletter. Temporary extension of rental license through April, 1 is recommended. 11. Licenses 12 Adjournment { DEANA. NYQUIST CITYHALL t Mayor Y 6301 Shingle Creek Parkway Res: 533.0774 Brooklyn Center, MN 55430 Bus: 566 -7420 Telephone 612/561 -5440 MOWN CITY OF BROOKLYN CENTER OFFICE OF THE MAYOR January 15, 1979 TO: COUNCIL MEMBERS I will be submitting the name of Dan Erickson as a replacement for Debbie Jacobson on the Planning Commission. Dan lives at 5324 Boulder Lane in Brooklyn Center. we have a number of applications, however, we should obtain some- one from the westerly area to keep the geography somewhat balanced. I have personally known Dan for more years than I care to admit. In fact we roomed together in college. Dan is a very intelligent individual and is presently an auditor for Control Data. He has a very analytical mind and I personally have a great deal of confidence in his ability. I know that he would do extremely well and serve the community very well as a member of the Planning Commission. I have asked Ron to send out the formal application to him and hopefully we will have that by Council Meeting on Monday night. I plan to submit his name to the Council for approval unless, of course, any of you have any objection. If you have any objection, please let me know or if you have any additional questions, please con_act me. Sinberely, r /Ds an Nyquist r: DAN /lb cc: Jerry S 9;4 9 - FED AT GOVERNMENT EXPENSE) rt _ NOTE Information on Suburban Sanitary Disposal Authority is for information purposes only. Resolution 9r will be a handout resolution. Critical Areas Plan document will be a handout. Refer - to minutes of Planning Commission meeting of 'December 21, 1978 for information on public hearing on Critical Areas Plan. The Director of Planning and Inspection will review document with you at `the Council meeting. You will have - time -to review the > document further after he january 8, 1979 Council meeting. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOkZYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 8, 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 7:12 p.m. R CALL Mayor Dean Nyquist, C'ouncilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Clerk Al Lindman, and Administrative Assistant Mary Harty. INVOCATION The invocation was offered by Councilmember Kuefler. APPROVAL OF MINUTES - DECEMBER 18 1978 Motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of December 13, 1978 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. noting against: no c. Th-- motion passed unanimously. OPEN FORUM Mayor Nyquist opened the meeting for the purposes of the Open Forum session, Mayor Nyquist noted no one had called in prior to the City Council meeting to speak at the Open Forum. Mayor Nyquist inquired if there was anyone present who wished to address the Council during the Open Forum; there being none, Mayor Nyquist proceeded with the rest of the meeting. The City Manager stated there were two items he wished to cover which had not been listed on the agenda He invited_ Council members to attend the dousing Commission meeting to be held Tuesday evening, January 9, 1979. The Chairperson of the Housing Commission had requested the City Manager invite Council members to attend the meeting because the Housing Commission will be discussing the housing plans for large family low income housing. The meeting begins at 7 :30 p.m. at City Hall, The City Manager next reviewed the Howe Fertilizer fire situation to date. He noted some people had been overcome by carbon monoxide fumes not specifically from the fire but from equipment that was running. The City Manager noted there were many agencies involved in assessing the fire and the potential pollution and health problems resulting from the fire, The City Manager explained many of the agencies such as the Environmental Protection Agency, State Agriculture, Health_ and the Pollution Control Agencies were presently working with the Howes to 1 -8 -79 -1- assess the possible pollution problem. He noted temporary disposal sites had been established for run -off pollution. He further noted the Agriculture Department was trying to determine the toxicity potential resulting from the fire. The City Manager stated there was a good listing of what was contained in.the building that burned. The City Manager explained there was no threat to the City's water supply from the fire. He noted there was a possible threat to shallow water wells located in the City but that all residents with shallow water wells had been contacted:. The building which burned was a storage shed and garage. The City Manager explained he had received a request from the Howes to build a temporary building to replace the building that burned. The City Manager explained there was no provision in the State Building Code for temporary buildings other than a temporary building to protect workers while working on another structure. The City Manager noted he had scheduled a meeting with the Howes for Tuesday, January 9 at which time the City administration would be able to assess the request to build a temporary building after more information had been acquired. The key issue in approval or . nonapproval of the request is what the purpose of the building would be and what might be housed in the building. The City Manager further explained the investi- gation into the cause of the fire had been initiated but the final results of the investigation would not be completed for some time. The City Manager explained that both the cold and the smoke made the fire fighting difficult but the wind was favorable in terms of not having to evacuate the homes in the area. Councilmember Fignar questioned the City Manager about police surveillance of the area. The City Manager explained there presently was not 24 hour police sn eiUance in the area because it was unnecessary but the police were checking the site, frequently and had dealt with traffic control in the perimeter ai eat during the fire fighting operation. In response to questions from Councilmember Kuefier, the City Manager explained Brooklyn Center had utilized services available under mutual aid and the Cities of Robbinsdale, Crystal, Brooklyn Park and New Hope had helped to -fight the fire. Councilmember Lhotka wished to note recognition to the Fire Department and the Police Department for their professionalism in handling the problem. Mayor INyquist asked about an announcement put out by the PCA indicating that some people may be in danger as a result of the pollutants from the fire. The City Manager explained that some inaccurate information had been disseminated by a Howe employee. This inaccurate information may have caused that -earlier announcement. The City Manager noted officials have stated -they are satisfied there is no danger to people in the area from pollutant run -off. Noting the time of 7:30, the Mayor again -asked if anyone in the audience wished to speak at the Open Forum; there being; none, the Open Forum was closed. ADJOURN 1978 CI TY COUNCIL There was a motion by Councilmember Scott and seconded by Councilmember Fignar to adjourn the 1978 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 1 -8 -73 2 ADMINISTRATION OF OATH OF OFFICE The City Clerk was present to administer the oath of office to Councilmember- elect Bill Fignar and Councilmember - elect Tony Kuefler. The oath was administered. L CALL TO ORDER 1979 CITY COUNCIL Mayor Nyquist called the 1979 City Council to order at 7 :35 p.m, . SELECTION OF MAYOR PRO TEM There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to appoint Councilmember Bill Fignar as the Mayor Pro Tem. ` Voting in favors Mayor Nyquist, Councilmembers Kuefler; Fignar, Lhotka, and .Scott. Voting against: none. The motion passed unanimously, The Mayor noted the City Charter provides that "the Council shall choose from its members _a President Pro Tem which shall hold office at the pleasure of the Council and shall serve as President in the Mayor's absence and as Mayor in the case of the Mayor's disability or absence from the City. Although the Charter does not so specifically require, it is traditional that the Council selects a Mayor Pro Tem at its organizational meeting, DESIGNATION OF 'OFFICIAL NEWSPAPER There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to designate the Brooklyn Center Post as the official City newspaper for the year 1979 Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,' and Scott. Voting against: none. The motion passed unanimously. • DESIGNATION OF CITY WEED INSPECTOR There was a motion by Councilmember Lhotka and wcccnded by Councilmember Fignar to designate the City Clerk, Al Lindman, as the City Weed Inspector for the year 1979. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. BOND REDUCTIONS The City Manager recommended the following performance bonds for reduction: Century 21 - Lowry Realty office building located at 7000 Brooklyn Boulevard submitted by Mr, Richard Rockstad to be reduced to $5, 000, Westbrook Mall Shopping Center (Gabbert & Beck) located at 5717 Xerxes Avenue North submitted by Mr, Warren Beck to be reduced to $5,000. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the bond reductions as recommended by the City Manager, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott, Voting against: none. The motion passed unanimously_, REDUCE SUBDIVISION BOND The City Manager recommended reducing the'subdivision bond for Robert Barr Addition from $1,870 to $500. The subdivision is located at Lakeside and Twin Lake Avenue North, There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to reduce the subdivision bond for Robert Barr Addition from $1,870 to $500. ,Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, 1 -8 -79 -3 and Scott. Voting against: none. The motion passed unanimously. APPOINTMENTS The Mayor explained that the terms of several Commissioners from the City Advisory Commissions had expired December 31, 1978. Several of those Commissioners had expressed an interest in serving another term. Sylvia Winkelman of the Conserva- tion Commission and Michael Schroeder of the Park and Recreation Commission had indicated they - wished to resign from their respective Commissions. This leaves one vacancy on the Conservation Commission and one vacancy on the Park and Recreation Commission. As Council Liaison to the Conservation Commis- sion, Councilmember Scott asked that the appointment to the Conservation Commission be deferred until the next Council meeting. As Council liaison to the Park and Recreation,. Councilmember Kuefler asked that the appointment to the Park and Recreation Commission be deferred until the next Council meeting. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the following appointments to the City's Advisory Commissions: Edith Johnson- Human Rights Commission, William Price and Bernard Wesloh- Conservation Commission, Gerald Johnson and Vern Velasco -Park and Recreation Commission, Dolores' Hastings, Karen Duenow, and Patricia Weitzel- Housing Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Ku_ -filer to prepare resolutions expressing recognition of and gratttude to those Commissioners who had served oil the City Advisory Commissions and were . • resigning and also to Vi Kanatz who has resigned from the Charter Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, RESOLUTION NO. 79 -1 Member Bill Fignar introduced the following resolution and, moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES The motion for.the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -2 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION- DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY on The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; 1 -8 -79 -4- and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -3 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE CAMDEN NORThWESTERN STATE BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -4 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIDELITY BANK AND TRUST COMPANY A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: - none, whereupon said • resolution was declared duly passed and adopted. o RESOLUTION NO. 79 -5 Member Bill Fignar introduced the following resolutions and moved its adoption: RESOLUTION. DESIGNATING THE FIRST BROOKDALE STATE BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same : - none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -6 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by - member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 -8 -79 -5- , RESOLUTION NO. 79 -7 Member Tony Kuefler.introduced the following resolution and moved its adoption; RESOLUTION DESIGNATING THE FIRST PLYMOUTH NATIONAL BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, - Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against , the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO, 79 -8 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCI- ATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of 'the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO 0 799 Member Celia Scott introduced the following resolution and moved its adoption: • RESOLUTION DESIGNATING THE HOME FEDERAL SAVINGS AND LOAN ASSOCI- ATTONT A DEPOSITORY OF CITY FUNDS o The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler; Bill Fignar, Gene Lhotka, and , Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -10 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS • The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon .vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. RESOLUTION L TION NO. 79 -11 Member Bill Fignar introduced the following resolution and moved its adoption: 1 -8 -79 -5- L _ RESOLUTION DESIGNATING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene. Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -12 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION DESIGNATING THE TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by ` member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. In discussion of the designation of several banks as depositories of City funds, Councilmember Fignar suggested the City might wish to consider the Summit Bank of Richfield, Brooklyn Center branch, as a future depository of City funds The ' Director of Finance indicated the Brooklyn Center branch of the Summit. Bank of Richfield had not approached the City on this matter, which was the accepted procedure RESOLUTION NO. 79 -13 Member Celia Scott introduced.the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE AN APPLICA- TION FOR A GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND UNDER THE PROVISIONS Of THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO fl 79 -14 Member Bill Fignar introduced the following resolution and moved its adoption RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE AN APPLICA- TION FOR A GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND UNDER THE PROVISIONS OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND 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 1 -8 -79 -7 in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and_the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO 79 -15 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF AN ENERGY CONSERVATION ANALYSIS The motion for the adoption of the foregoing resolution was duly seconded by .member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia .Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RESOLUTION NO. 79 -16 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING A PROPOSED AMENDMENT TO THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL OPERATIONAL BYLAWS - The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken _thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted againsC the same: none, whereupon said - resolution was declared duly passed and adopted. RESOLUTION NO. 79--17 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FOR. WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the fallowing voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -1$ Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. 1-8-79 -8- RESOLUTION NO. 79 -19 Member Celia Scott introduced the following resolution and moved its adoption: • RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION IN THE DETACHED WORKER PROGRAM The motion for the adoption of the foregoing resolution was ,duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: _none, whereupon said resolution.was declared duly passed and adopted. RESOLUTION NO. 79 -20 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR, JAMES BOOK The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka -, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted; RESOL't7TION NO. 79 -21 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE - `OF MRS. DEBORAH JACOBSON The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -22 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. GILBERT ENGDAHL The motion for the adoption of the foregoing resolution was duly _seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: 1 -8 -79 -9 RESOLUTION AUTHORIZING THE PURCHASE OF SOILS INVESTIGATION SERVICES FOR STREET IMPROVEMENT PROJECT NOS. 1978 -38 AND 1978 -44 The motion for the adoption of the foregoing resolution was duly seconded by • member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -24 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR FRONT END LOADER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist,.Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -25 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION APPROVING SPECIFICATIONS TO FURNISH AND. INSTALL A TELEPHONE COMMUNICATIONS SYSTEM AT THE CITY OF BROOKLYN CENTER CITY HALL The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCE NO. 79 -I Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO THE REZONING OF THE SLAUGHTERHOUSE PROPERTY The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted.. Mayor Nyquist abstained. DISCUSSION ITEMS The City Manager introduced the first item of discussion, the Critical Areas Plan. He noted the Director of Planning and Inspection was prepared to review the Critical Areas Plan. The Director of Planning and Inspection explained the draft of the Brooklyn Center Critical Areas Plan was a working copy document. The document had been received earlier Monday prior to the Council meeting. Upon 1 -8 -79 _10- review and approval of the Plan by the City Council, recommended adjustments will be made to the document. The final document, as ap- proved, will be distributed to the Metropolitan Council and the Minnesota Environmental Quality Board for a formal review. The City must make final adoption of the Critical Areas Plan within thirty days of final Environmental Quality Board approval. The Director of Planning and Inspection suggested that he would briefly review the document and the Council could study the document further prior to the January 22 City Council meeting, at which time the City Council will be asked to consider approval of the document. In response to questions from the Council, the Director of Planning and Inspec- tion explained in November, 1976, Governor Wendell Anderson had designated the Mississippi River corridor through :the Twin Cities metropolitan area as the second of the State's critical areas. This designation was initiated by a citizens' league committee which had studied the river corridor. The area to be included in this critical area was legally described. Also in response to questions from the Council, the Director of Planning and Inspection explained the Critical Areas designation does not necessarily place another level of bureaucracy on the property owners in the area. The Environ- _mental Quality Board has stated that the Critical Areas designation actually restores more local control to the area. The Director of Planning and Inspection noted the Consultant recommends leaving the area primarily as is. The Director of Planning and Inspection briefly reviewed the process which had been used to formulate the recommended Critical Areas Plan. The City Advisory Commissions and the Neighborhoou Advisory Groups were invited to attend a Planning Commission meeting in October in order to lay out the process for putting together the Critical Areas Plan. The first public hearing on the Critical Areas Plan was held on November 16 Members of the City Advisory Commissions and the Neighborhood Advisory Groups and all other interested citizens were invited to attend that public hearing to provide public input on the first phase of the Critical Areas Plan, The second public hearing was held December 21 at which time the second phase of the Critical Areas Plan was discussed. Again, the City Advisory Commissions and the Neighborhood Advisory Groups and all other interested citizens were invited to the public hearing in order to provide public input on the plan, The Director of Planning and Inspection also noted that although the Critical Areas Plan is not the vehicle for a recommendation concerning the upgrading of 169, the Consultant did look at the question of the upgrading of 169 and has included a recommendation for the upgrading of 169 based on projected needs. The recommendation of the Consultant is to construct a frontage road along the the present 169 right -of -way and construct a possible four lane at grade roadway westerly of the present 169 right -of -way with a recommendation to hold speeds at approximately 45 miles per hour. The Director of Planning and Inspection noted he saw this recommendation as a viable alternative at this time. This recommendation would mean removal of much of the west side of West River Road. The Director of Planning and Inspection further noted the reason the recommendation was being made at this time was because the City of Brooklyn Center is currently involved in the Critical Areas Plan. The , 1 -8 -79 -11- Consultant has given a preliminary report on what might be feasible in terms of the upgrading of 169. The process for a determination of what will be done with 169 is in the beginning stages. As the process proceeds there will be public hearings and environmental impact statements as well as other studies. The Director of Planning and Inspection did note that the proposed bridge over the Mississippi River at 95th Street will increase traffic in the area of 169 north of 694 by 100 %; however, if a northtown crosstown was not constructed there will be a dramatic increase in traffic on 169 north of 694. The Director of Planning and Inspection then explained that the premise in the Environmental Impact Statement for the area is that Highway 169 should not have to carry a greater burden of traffic than the roadway on the east side of the river. Upgrading 169 as a four lane at grade roadway would facilitate this. Upgrading 169 as a freeway roadway would draw more traffic to the west side roadway. In response to questions concerning an erosion of the tax base due to using taxable property as right -of -way for an upgraded 169, the Director of Planning and Inspection explained questions such as these would be included in the Environmental Impact Statement, The Director of Planning and Inspection explained the Critical Areas Plan deals with many other factors other than the upgrading of 169. He explained adoption of the Critical Areas Plan is not an adoption ui the recommendation to upgrade 169. _. The Director of Planning and Inspection briefly reviewed the actual Critical Areas Plan document noting the Council should pay particular attention to the goals and policy guidelines as listed in the document. The Director of Planning and Inspection briefly reviewed the maps which had been included in the document. He suggested the Council should review the document and discuss approval of the document at the January 22 City Council meeting, APPROVAL OF CONTRACT The City Manager introduced the next discussion item, an approval of a contract with the Suburban Community Services for the delivery of services for the handicapped. The City Manager recommended a motion approving the contract, Under the contract with Suburban Community Services, a part -time professional person would be hired to coordinate the existing programs forthe handicapped within eight suburban communities, The City Manager noted the cost to each community for this service would be less than the amount appropriated for this activity for 1978. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the contract with the Suburban Community Services for the delivery of services for the handicapped. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: -none. The motion passed unanimously. ANNUAL WATER ASSESSMENT GRADE ADJUSTMENT CORRECTION The City Manager explained at the December 18, 1978 City Council meeting, the Director of Public Works informed the Council of the extent of increase in water 1-8-79 _12- assessment rates. Pursuant to Resolution No. 74 -45 the City's water assessment policy comprehends an automatic annual adjustment by the change in the Twin City area Consumer's Price Index from October to October of the preceding year. The annual percentage increase from October, 1977 to October, 1978 amounts to 10.3 %, changed from a front footage rate from $14,47 to $15.95 and the area rate from $4.46 to $4.92 per one hundred square feet, and the single family rates from $1,418 to $1,564 per unit. The- increase was incorrectly stated in the December 18 agenda as an increase from $1 418 to $1 ,455 rather than the correct increase. from $1,418 to $1,564. A motion approving the rate adjustment was passed at the December 18 Council meeting. A motion approving the corrected rate adjustment is recommended at this time. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the corrected rate adjustment. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotk4, and Scott. Voting against: none. The motion passed unanimously. LICENSES ° There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: CIGARETTE LICENSE B -K Vending Company 7263 Washington Ave. So. Northern States Power 4501 68th Ave. No. Brookdale Cinema '5801 John Martin Drive Brooks Superette 6800 Humboldt Ave. No Dean's Vending P. 0. Box 380 Brookdale Motel 6500 Lyndale Ave. No. Dud nu' s vii Tire 6900 Brooklyn Blvd. R. E. Fritz Company 8511 10th Ave. No. Bob Ryan Olds 6700 Brooklyn Blvd. Ideal Northbrook Drug 6800 Humboldt Ave. No. Jerry's Super Va lu 5801 Xerxes Ave. No. K -Mart 5930 Earle Brown Drive Lemon Tree Restaurant 5540 Brooklyn Blvd, Midwest Vending Company 8645 5th Ave. So. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Rog & Jim's Superette 6912 Brooklyn Blvd. Service Systems Corporation Soo Line Building Northwestern Bell 5910 Shingle Creek Pkwy. Servoma tion 4301 68th Ave. No Brooklyn Center Post Office 6848 Lee Ave. No. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Iten Chevrolet 6701 Brooklyn Blvd. J. C Penney's Brookdale Shopping Ctr. State Farm Insurance 5930 Shingle Creek Pkwy. Snyder Brothers Drug Brookdale Shopping Ctr, Twin City Vending Co. 1065 E. Hwy 36 Earle Brown Farm Ind. Park 6100 Summit Drive Viking Pioneer Dist. Co. 5200 W. 74th St; LaBelle's 5925 Earle Brown Dr. 1 -8 -79 -13 COMMERCIAL KENNEL LICENSE Brooklyn Pet Hospital 4902 France Ave. No. K -Mart 5930 Earle Brown Dr. FOOD ESTABLISHMENT LICENSE Chuck Wagon Inn •5720 Morgan Ave. No. Farrell's ice Cream Parlor 5524 Brooklyn Blvd. GASOLINE SERVICE STATION LICENSE Brooklyn Center Post Office 6848 Lee Ave. No. Duane's OK Tire 6900 Brooklyn Blvd. Green Meadows 3319 49th Ave. No. Northern States Power Co. 4501 68th Ave. No. LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lynda`e No. MECHANICAL SYSTEM'S LICENSE Cool Air Mechanical 1067 Rice Street NONPERISHABLE VENDING MACHINE LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle OFF -SALE NONINTOXICATING LIQUOR LICENSE Rog & Jim's - Superette 6912 Brooklyn Blvd. SuperAmerica Stations Inc. P. O Box 248 SuperAmerica 6545 W. River Road Zayre Shopper's City 3600 63rd Ave. No. PERISHABLE VENDING MACHINE LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle TAXICAB LICENSE Town Taxi Corporation 7440 Oxford Street Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, 1 -8 -79 -14- l ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the City Council meeting, doting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, The Brooklyn Center City Council adjourned at 8:45 p.m. Clerk Mayor 1 -8 -79 -15- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 11, 1978 :CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Gilbert Engdahl at 8:04 p.m. ROLL CALL Chairman Engdahl, Commissioners Jacobson, Book, Hawes, Theis, Malecki and Pierce. Also present were Director of Public.Works James Merila, Director of Planning and Inspection Ronald Warren, Planning Aide Gary Shallcross and Superintendent of Engineering James Noska. New Planning Commission members present were George Lucht and Nancy Manson, APPROVE MINUTES - DECEMBER 21, 1978 Motion by Commissioner Hawes seconded by Commissioner Malecki to approve the minutes of the December 21, 1978 meeting as submitted. Voting in favor: Chair- man Engdahl, Commissioners Jacobson, Book, Hawes and Theis. Voting against: none. The motion passed. Commissioner Pierce and Malecki abstained as they were not at that meeting. ADJOURN 1978 COMMISSION ° Motion by Commissioner Malecki seconded by Commissioner Book to adjourn the 1978 Planning Commission. The motion passed unanimously. The 1978 Planning Commission adjourned at 8:07 p.m. CALL TO ORDER 1979 COMMISSION Commissioner Harold Pierce, who served as Chairman Pro tem for 1978, assumed the Chair for organizational purposes and called the 1979 Planning Commission to order at 8:09 p.m. ROLL CALL Chairman Pro tem Pierce, CommissionersTheis, Malecki, Hawes, Manson and Lucht. Also present were Director of Public Works James Merila, Director of Planning and Inspection Ronald Warren, Planning Aide Gary Shallcross and Superintendent of Engineering James Noska. New Planning Commission members present were George Lucht and Nancy Manson, Election of Chairman The first item of bus; ess was the annual election of the Planning Commission Chairman. Chairman Pr tem Pierce called for nominations. Motion by Commissioner Hawes seconded by Commissioner Malecki to nominate Harol.d Pierce as Chairman of the Planning Commission. Chairman Pro tem Pierce asked for other nominations. No other nominations were made. Motion by Commissioner Theis seconded by Commissioner Lucht to close the nomi- nations. Voting in favor: Chairman Pro tem Pierce, Commissioners Theis, Malecki, Hawes, Manson and Lucht. Voting against: none. The motion passed unanimously. 1 -11 -79 -1- A vote was taken to elect Harold Pierce as Chairman. The motion passed unanimously. Election of Chairman Pro tem Chairman Pierce next called for nominations for Chairman Pro tem.` Motion by Commissioner Malecki, seconded by Commissioner Lucht to nominate William Hawes as Chairman Pro tem. Chairman Pierce asked for other nominations. No other nominations were made. Motion by Commissioner Manson seconded by Commissioner Malecki to close the nomi- nations. Voting in favor: Chairman Pierce, Commissioners Hawes, Lucht, Malecki, Manson, and.Thei . Voting against: none. The motion passed- unanimously. APPLICATION NO. 79001 (Kenneth Bergstrom Following the Chairman's explanation, the first item of consideration was Appli- cation No. 79001 submitted by Kenneth Bergstrom. The Secretary introduced "the application and explained that the applicant was seeking 'a rezoning from C2 to _R4 of an approximate 8 acre tract located in the 1300 block south of 69th Avenue North. He explained that the property is bounded on the west by the Humboldt Square Shopping Center; on the north by 69th Avenue North and the City's Public Utility Building; on the east by single family residential homes facing Emerson Avenue-North and on the south by a number of R5 Multiple Family Residential dwellings. The Secretary stated that the applicant had submitted a letter re- questing the rezoning indicating that the site has remained undeveloped over the years, because of an apparent lack of a need for additional shopping centers. He stated the applicant intends to build quad ra homes which he claims would ful- fill a need for additional medium - priced housing and provide an attractive buffer between the existing single family homes and the Humboldt Square Shopping Center. The Secretary reported that the City's Comprehensive Plan calls for a site at the Northeast Neighborhood to be retained as Commercial for purposes of ultimate development as a neighborhood business center. He explained that the subject site and the present Humboldt Square Shopping' Center is the area designated for the location of such a facility. He noted• that the"same applicant had requested a rezoning of the subject property from C2-to, ..Ri` under Application No. 77011 in March, 1977, and that the Planning Commission had reviewed the Comprehensive Plan inconsistencies and recommended that the Comprehensive Plan be amended for the following reasons 1. The Northeast Neighborhood is adequately served by shopping facilities, both within and near the neighborhood. 2. The Comprehensive Plan designation for this area for further development as a neighborhood shopping center has been satisfied with the existing retail center. 3. There is substantial vacant commercial land elsewhere in the Northeast Neighborhood. 4. The owner has initiated a rezoning of the approximate 8 acre parcel from C2 to RI. 5. The proposed use represents a reasonable use of the land and is consistent with the Comprehensive Plan development goal for the Northeast Neighborhood. 1 -11 -79 -2- The Planning Commission, at that time, also recommended rezoning of the area through Planning Commission Resolution No. 77 -3 citing that there is an additional need for R1 zoned land in the Northeast Neighborhood; that the existing Humboldt Square retail center adequately serves the neighborhood as a centrally located shopping center; that there is no need for additional C2 development in the area; and that the owner had proposed a zoning change which represents a reason- able use classification of the property. The Secretary explained that the City Council had been inclined to approve the rezoning and the Comprehensive Plan amendment in 1977, but continued its con - sideration of these matters until Mr. Bergstrom submitted a proposal which showed .positive buffering of the property from the Humboldt Square Center. The screen- ing plans were never submitted, and the rezoning request was withdrawn. The Secretary further noted. the Comprehensive Plan Goal which states "made single family detached housing the predominant character of the Northeast Neighborhood." He explained that a March, 1976 land use inventory of the City was discussed by the Planning Commission during its review of the applicant's 1977 rezoning request. He stated that at that time, single family detached dwellings comprised 48.5% of the total number of dwellings in the Northeast Neighborhood while townhouses and multiple family apartment units comprised 51.4% of the total dwelling units. for this neighborhood. He further stated that this land use inventory has been updated and that the figures are now about reversed, that single family dwellings comprise approximately 51% of the total dwelling units in the neighborhood and multiple family residential units comprise approximately 490 ,..The Secretary also reported that he had requested the applicant to submit con- ceptual plans regarding his proposed development to better illustrate how it would meet the R4 district requirements, but that they had not yet been received. He stated that the Commission might want to table the application following this evening's public hearing rather than to refer it to the Northeast Neighborhood Advisory Group until the applicant had submitted such conceptual plans for review. -Chairman Pierce asked what was the allowable density for R4 Zoning. The Secretary respondeu treat the ordinance ailows a density of a units per acre after deducting roadways and abutting setbacks and that approximately 50 units would be allowable. Chairman Pierce then recognized Mr. Bergstrom, who at that time supplied the Com- mission with four copies of his conceptual plans for the development. The Secretary noted that the proposal envisioned four plexes with each building under separate ownership and subject to a Rental Dwelling License. He went on to state that the City's concern-is the maintenance of the common areas and the potential need for cross easements for driveway and parking areas. Commissioner Theis then asked for a clarification of the rent and ownership arrangement. The Secretary ex- plained that the development would essentially be four plexes with each building being under separate ownership probably for investment purposes. He added that owners could reside in one of the units or rent out all four units. The Secretary then asked for, and received, confirmation that a public street was contemplated adjacent to the development. While considering the plans, the Secretary recalled that the earlier proposed RI development would have had to provide screening from the Humboldt Square Shopping Center. He stated that there are no screening re- quirements where R4 abuts C2, but that there would be screening requirements where the proposed R4 would abut Ri on the eastern side of the site. PUBLIC HEARING Chairman Pierce opened the meeting for purposes of a public hearing and asked for comments from the audience as to the proposed rezoning. He recognized George Mayleben, 6824 Emerson Avenue North, who addressed the Commission on behalf of the neighborhood. Mr. Mayleben argued that the neighborhood was being decimated by multiple family development, and that there was not much available land for single family development. He cited Metro Plan calling for a certain percent of R1 development. 1 -11 -79 -3- The Secretary interjected that while not familar with the Metro Council's require- ments for Rl development, he was aware that the Metro Council was concerned with multiple family development as well. Mr. Mayleben replied that those living in the area of 69th and Humboldt Avenues are in an area with an abundance of multiple family dwellings. He stated that the neighbors living around the property in question had hoped that Mr. Bergstrom would continue with his single family de- velopment. He.also cited growing concern in the neighborhood over declining school enrollments and the impact that multiple family development would have on declining entrollments. Tim Boyle, 6813 Emerson Avenue North, stated that he was not in favor of the present rezoning application, while he had been 100% in favor of the R1 rezoning. Mr. Mayleben then asked whether the buffer was the reason why the Rl proposal had been dropped before, and why the R4 development was being proposed now. The Secretary stated that Mr. Bergstrom's 1977 R1 rezoning request had been deferred until he provided the City with a plan for screening the single family area from the Humboldt Square Shopping Center, and he did not know why Mr. Bergstrom with- drew that rezoning application for Rl. Mr. Mayleben expressed his feeling that the Northeast Neighborhood is still not predominantly single family residential development. Mr. Mayleben stressed the fact that west of Humboldt'Avenue, there is a high concentration of multiple family development, and that a number of these apartments are, in fact, vacant. He also commented that he would probably favor a C2 development over an R4 development in this area, Chairman Pierce noted that C2 is the highest commercial zoning designation. He stated further that he had favored an RI development when it was proposed pre- viously, but that the present application was for an R4 zoning. Chairman Pierce recognized the resident of 6804 Emerson Avenue North, who expressed the opinion that there were enough apartments in the immediate vicinity and that there was no need for more. Chairman Pierce inquired if anyone else wished to be heard. No one spoke further relating to the application. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by' Comm issiorier'Hawes to close the 'Public hearing on Application No. 79001. The motion passed unanimously. Chairman Pierce asked Mr. Bergstrom why he did not pursue the R1 proposal. Mr. Bergstrom stated that the developer with whom he had previously been working did not have adequate financing. and .that he had encountered technical problems building single family dwellings on the high water table in the area. Commis- sioner Hawes asked Mr. Bergstrom how many single family dwellings had been con - templated. Mr. Bergstrom replied 23. Chairman Pierce asked the Secretary what other alternative zonings could be considered. The Secretary replied that the land in question could be zoned R3 for townhouses, but that Mr. Bergstrom had indicated he wanted to stay away from a development involving a Homeowners Associ- . ation. Chairman Pierce stated that the proposed four plexes are similar to townhouses. Commissioner Hawes asked Mr. Bergstrom if the individual dwelling units could be `owned. Mr. Bergstrom replied that eventually they could. The City Engineer commented that the developer was considering the - possibility of eventually having each unit available for individual ownership, but that his short range goal was to develop rental units. Commissioner Theis inquired as to what other kinds of development would be allowed if the rezoning were approved. The City Engineer responded that multi residential uses of one and one -half or two stories in height are permitted. He cited Columbus Village as an example. M OTION TO TABLE APPLICATION NO. 79001 (Kenneth Bergstrom Following further discussion, there was a motion by Commissioner Theis, seconded by Commissioner Malecki to table the application and refer it to the Northeast Neighborhood Advisory Group Voting in favor of the motion: Commissioners .. Malecki, Theis, Pierce, Manson and Lucht. Voting against: Commissioner Hawes. The motion passed. Commissioner Hawes indicated that he felt more information was needed before referring the matter. 1-11-79 -4- A brief discussion ensued with Chairman Pierce commenting that the Commission should not look at a rezoning strictly on the basis of the availability of financing, rather, it was important to receive input from the neighborhood and review the proposal in light of the Comprehensive Plan. The Secretary commented that while neighborhood feedback was desirable and necessary, it was not the sole determinant of whether the rezoning is appropriate, but that the Standards for Rezoning in the Ordinance are the criteria to be used. A discussion ensued concerning the process to amend the Comprehensive Plan. Commissioner Lucht inquired whether information given to the Planning Commission could in turn be given to the Neighborhood Groups, citing acreage figures avail- able for multiple family and single family development. The Secretary replied in the affirmative. RECESS The Planning Commission recessed at 9:04 p.m. and resumed at 9:29 p.m. A pplication No. 79002 (Janis Blumentais /B.C.I.P.) The next item of consideration was Application No. 79002 submitted by Janis Blumentals for Brooklyn Center Industrial Park. The Secretary introduced the item and stated the applicant was seeking site and building plan approval for an approximate 85,000 sq. ft. speculative industrial building at approximately 67th Avenue North and Shingle Creek Parkway. He stated that the building is located on a proposed approximate 5 acre site on the northern portion of a large tract (Tract B, R.L.S. 1405) located north of Freeway Boulevard and westerly of Shingle Creek Parkway, just east of the MTC garage site and Shingle Creek. The Secretary reported that the applicant has submitted a proposed conceptual master plan for this large tract including a layout for additional speculative industrial buildings. He stated the plan comprehends the upgrading of Shingle Creek Parkway to a divided four lane facility similar i.n design to Shingle Creek Parkway located south of the freeway. He pointed out that construction for the upgraded roadway, which would allow for a continuation of Shingle Creek Parkway through to 69th Avenue North, is proposed 1979. The Secretary further reported that the conceptual master plan also comprehends the future construction of a cul -de -sac to serve proposed parcels to the south. He explained that the appli- cant was not seeking approval at this time of the master plan and that the subdivision of the area would be accomplished through a future replatting. The Secretary then reviewed the site and building plans and pointed out that the plans indicate parking for 141 cars, which comprehends parking meeting the ordinance formula for 10% of the building to be used as office space associated With the industrial use. He added that the applicant has also presented a Proof of Parking which could provide for an additional 90 parking spaces which would . allow 39% of the building to be used for office space. He further stated that the plan indicates an area south of the building that is to be used in conjunction with a cross easement for driving and parking purposes for two additional build- ings proposed_at a future date. The City Engineer reviewed the conceptual master plan in more detail and com- .mented relative to the proposed upgrading of Shingle Creek Parkway. He explained that the site on which the applicant proposes the speculative industrial building would have two curb cuts, but with the completion of the roadway there would be only one median cut to serve the site. He painted out that the applicant has been made aware of the possible need for an environmental assessment prior to development to the south of the site and adjacent to Shingle Creek and that various approvals or permits from State and Federal agencies will have to be obtained. He explained that this could have an impact on the replatting of this area for further development but does not effect the site under consideration in this application. The City Engineer also commented on a bridge over- Shingle Creek Parkway just west of the MTC site that would tie together existing Shingle Creek Parkway and _explained that the bridge is currently under design. 1 -11 -79 -5 Chairman Pierce recognized the applicants, Janis Blumentals and Al Beisner repre- senting Brooklyn Center Industrial .Park, and a lengthy discussion ensued relative to the site and building plans and the conceptual master plan for the area. Mr. Beisner stated that he has contacted the appropriate agencies regarding the necessary permits for developing some of the lowlands next to Shingle Creek. He explained that`it would be some time before he would receive the necessary permits In response to an inquiry by Commissioner Theis, Mr. Beisner stated that con- struction of the buildings immediately to the south of this building might be as early as next fall. The Secretary next reviewed the landscape plan and recommended that *it be revised to indicate a`five foot sodded and irrigated greenstrip along the west property line rather than the sand and gravel treatment proposed by the applicant. ; He also recommended that the plans be revised to include 6" wood mulch in the plant- ing areas rather than the rock over poly treatment proposed by the applicant. The Secretary then reviewed the recommended conditions of approval. The City Engineer commented that the Commission might also want to include :a condition that would acknowledge that the City would retain the performance bond to cover the installation of a normally required greenstrip buffer area along the proposed south property line should the development of the additional Ld p culativeindustrial buildings not be constructed to share a common parking and iving area. MOTION RECOMMENDING APPROVAL OF APPLICATION NO. 79002 (Janis Blumentals/B.C.I.P. Following further discussion there was a motion by Commissioner Malecki seconded by Commissioner Theis to recommend approval of Application No. 79002 submitted by Janis Blumentals /Brooklyn Center Industrial Park subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and landscaping plans are subject to reveiw and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building, shall be equipped with an automatic fire extinguishing system to meet NFPA 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 equipment and /or rooftop mechanical equipment shall be appropriately screened from view. 6. All landscaped areas shall be equipped with an underground irrigati.on "system as approved by the City Engineer. 7. The property shall be platted in accordance with 15 of the City Ordinances. 1 -11 -79 -6- 8. Performance bond comprehends retaining an amount to assure completion of a greenstrip buffer area along the proposed south property line if the proposed replatting which comprehends joint use of this area with two buildings to the south is not accomplished. 9. The plans should be modified to indicate a 5' greenstrip along he west property line to be sodded and irrigated 9 P P Y 9 along with the proposed plantings. 10. Plans are to be modified to include 6" wood mulch in land- scaped areas proposed for a rock and poly treatment. The motion passed unanimously. APPLICATION NO. 79003 (Harold J. Westin & Associates /Group Health) The next item of consideration was Application No. 79003 submitted by Harold J. Westin and Associates /Group Health. The Secretary introduced the item and stated that the applicant is s s' a building an a approval for an I � t t seeking site and pl pp approximate 7,700 sq. ft. addition to the Group Health Clinic at 6845 Lee Avenue North. He explained that the original site and building plans were approved under Appli- cation No. 74050 in October, 1974. The Secretary stated with the addition, the applicant is proposing to construct an additional parking lot primarily for staff use, to the south of the building addition. He explained that presently the clinic has parking for 99 cars, and that with the addition, a total of 164 parking spaces is required.` The Secretary commented that the applicant proposes to retain as many existing pP P ro P trees as possible in the area of the new parking lot and has also proposed addi- tional landscaping and berming along Noble Avenue North and the south portion of the ro ert . He added that the plans show the continuation of existing trees P P Y �' 9 along Noble Avenue Nort as well as new ti'ecs and plants south of the main drive on Lee Avenue. He pointed out that the exterior treatment to the addition is a precast concrete to match the existing structure. The Secre tary next reviewed the recommended conditions of approval. Chairman Pierce recognized Mr. Bob Kline, representing Harold J. Westin and Associates. Commissioner Theis asked Mr. Kline whether Group Health was extending its current type of treatment in its facility or whether they would be adding new types of treatment. Mr. Kline replied that Group Health was expanding the same type of treatment and would not be providing other types of treatment at this location. Commissioner Lucht pointed out the box elders deteriorate quickly and asked whether they would be removed. Mr. Kline replied that the density proposed is such that some could be lost. The City Engineer added that box elders provide cover until more durable trees mature. The discussion continued on lands -aping aspects of the plan. Chairman Pierce asked whether there was a need for 65 staff parking spaces. Mr. Kline responded that Group Health has 5 staff per doctor and with 13 to 14 doctors, the staff total would be approxi- ma ely 65 or 70. Commissioner Hawes inquired of the Secretary whether the plan provided adequate screening of the parking lot to the north. The Secretary responded that the plan indicates the ordinance required screening provisions. ..Commissioner Theis asked about the type of trees proposed. The Secretary ex- piained each type providing screening on the perimeter. Commissioner Lucht inquired whether the removal of dead and marginal trees would be included in the performance bond requirement. The Secretary indicated that it would. 1 -11 -79 -7- RECOMMEND APPROVAL OF APPLICATION NO. 79003 (Harold J. Westin and Associates/ Group Health) _ Motion by Commissioner Lucht seconded by Commissioner Malecki.to approve Appli- cation No. 79003 submitted by Harold J. Westin and Associates /Group Health, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and landscape 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 sub- mitted to assure completion of approved site improvements. 4. The building addition shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No . l 3 and shall be connected to an approved central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Any outside trash disposal equipment and /or rooftop mechanical equipment shall be appropriately screened from view. 6. The underground irrigation system shall be extended to all landscaped areas as approved by the City Engineer. The motion passed unanimously, . DISCUSSION IJEMS 1979 Meeting Schedule The Secretary reviewed a schedule for 1979 Planning Commission meetings. He explained the meetings are scheduled to provide two meetings per month and are designed to follow the City Council's schedule for convenience. Commission Theis requested a clarification between regular and study sessions. The Secretary explained that regular sessions are designed to handle business, make formal decisions, and hold public hearings, while study sessions are for review of ordinance issues, consultant presentation, and to collect feedback from neighborhood groups.. It was consensus of the Commission to accept the 1979 meeting schedule as proposed. COMMISSION LIAISON TO NEIGHBORHOOD GROUPS Regarding Commission liaison assignments to Neighborhood Groups, the Secretary pointed out that Commission members serve as liaison to the different Neighbor- hood Advisory Groups. He pointed out that with exception of the Southwest Neighborhood which had two members and the Southeast, Neighborhood which had none, there was one Commission member each group. Commissioner Lucht offered to serve as liaison to the Southeast Neighborhood. Chairman Pierce made the following Neighborhood Group assignments: Southwest: Hawes West Central: Malecki Central Pierce Northwest: Theis Northeast: Manson Southeast: Lucht 1 -11 -79 -8 The Secretary urged that Commission liaisons set up neighborhood group meetings to solicit input on the Comprehensive Plan and neighborhood concerns. He added that the City would assist wherever possible in setting up places to meet and serving notice. The Commission concluded its meeting with a brief discussion concerning Howe Fertilizer, Inc. with the Secretary giving them updated information on the status of the site following the January 6, 1979 fire. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Hawes to adjourn the meeting. The motion passed unanimously. The Planning Commission Adjourned at 11:11 p.m. Chairman 1 -11 -79 -9- L` Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PERTAINING TO TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the State of Minnesota, acting through its Commissioner of Transportation, is authorized to provide technical and engineering assistance to other road authorities by M.S. 161.39, and is willing to do so; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: - 1. The City of Brooklyn Center enter into a Technical and Engineering Assistance Agreement with the State of Minnesota, Department of Transportation. 2. The Mayor and City Manager be and they are hereby authorized to execute such an agreement and thereby assume for and on behalf of the City of Brooklyn Center all of the contractual obligations therein. • 3. The City Engineer for and on behalf of the City of Brooklyn Center is hereby authorized to request and obtain from the Minnesota Department of Transportation needed engineering and technical services during the year of 1979 and subsequent years until recinded by either party, for which payment will be made by the City of Brooklyn Center upon receipt of verified claims from the Commissioner of Transportation. 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 AGENCY AGREEMENT WITH THE STATE OF MINNESOTA.DEPARTMENT OF TRANSPORTATION BE IT RESOLVED that pursuant to "Section 161.36, Subdivision l thourgh 6, Minnesota Statutes 1978, the Commissioner of Transportation be appointed as agent of the City of Brooklyn Center to let as its agent, contracts for the construction of portions of Municipal Streets, and the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in 'Minnesota Department of Transportation Agency Contract Form No. 30774 a copy of which said form was before the Council, assuming on ebhalf of the City all of the contractual obligations therein contained. Date Mayor .CTES1: — - - - 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 followin g resolution C- and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1977 -J (CONTRACTED BY CITY) WHEREAS,, pursuant to written Contract No. 1977 -J signed with the City of Brooklyn, Center, Minnesota, C.S. McCrossan, Inc., has satisfactorily completed the following improvement in accordance with said contract: Street Grading, Base & Surfacing Improvement Project No. 1977 -17 On proposed Unity Avenue North from 443 feet north of the centerline of 69th Avenue North northerly approximately 460 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $2,726.09 primarily due to an overestimation of plan quantities for riprap and common excavation. 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said 'contract shall be $39,211.91. 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. ?rlc Member introduced the following resolution and moved its adoption e ., RESOLUTION N0. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1977 -1 (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1977 -1 signed with the City of Brooklyn Center, Minnesota, C.S. McCrossan, Inc., has satisfactorily completed the following improvement in accordance with said contract: Curb & Gutter Improvement Project No. 1977 -18 On proposed Unity Avenue North from 443 feet north of the centerline of 69th Avenue North northerly approximately 460 feet. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is less than the original contract amount by $80.28 because of an overestimation of the plan quantities for curb and gutters 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $4,868.04. 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 followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -I ( CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -I signed with the City of Brooklyn Center, Minnesota, United Asphalt Co., Inc., has satisfactorily completed the following improvement in accordance with said contract: L Base Portion of Street Paving Improvement Project No. 1978 -2 ~ On the north one -half of 70th Avenue North from Brooklyn Boulevard to future Kyle Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is greater than the original contract amount by $40.10 because of an underestimation of the plan quantities for aggregate base. 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $512.60. Date Mayor ATTESTS 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 N0. RESOLUTION ACCEPTING CGEPTING WORK UNDER CONTRACT NO. 1978 -I (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -I signed with the City of Brooklyn Center, Minnesota, United Asphalt Co., Inc.,has satisfactorily completed the following improvement in accordance with said contract: Base Portion of Street Grading, Base & Surfacing Improvement Project No. 1978 -20 Irving Avenue North from approximately 155 feet south of 70th Avenue North to proposed Irving Lane; and proposed Irving Lane from approximately 738 feet east of Logan Avenue North to Irving Avenue North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City, of Brooklyn Center 1. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is greater than the original contract amount by $285,83 because of an underestimation of the plan quantities for aggregate base. 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $1,230.83. Date Mayon ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member . , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted.` Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -I (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -1 signed with the City of Brooklyn Center, Minnesota, United Asphalt Co,, Inc., has satisfactorily completed the following improvement in accordance with said contract- Base Portion of Street Grading, Base & Surfacing Improvement Project No. 1978 -24 Aldrich Avenue North from 68th Avenue North northerly approximately 340 feet to cul -de -sac. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1.- The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is greater than the original contract amount by $208.06 because of an underestimation of the plan quantities for aggregate base. 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $1,153.06. 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 'ell and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -I (CONTRACTED BY CITY) WHEREAS, pursuant to written Contract No. 1978 -I signed with the City of'Brooklyn Center, Minnesota, United Asphalt Co., Inc., has satisfactorily completed the following improvement in accordance with said contract: Base Portion of Street Grading, Base & Surfacing Improvement Project No. 1978 -27 On proposed James Circle from Freeway Boulevard southerly approximately 570 feet to cul -de -sac. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: I. The work completed for said project under said contract is hereby accepted and approved. 2. The value of work performed is greater than the original • contract amount by $761.51 because of an underestimation of the plan quantities for aggregate base, 3. It is hereby directed that final payment be made on said project, taking the Contractor's receipt in full. The total amount to be paid for said improvement project under said contract shall be $3,596.51 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: RESOLU'T'ION NO. RESOLUTION ESTABLISHING STORM SE WER I MPROVEMENT PROJECT NO. 1979 -2 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, on September 11, 1978, the Brooklyn Center City Council adopted Resolution No. 78 -196 establishing Street Grading, Base & Surfacing Improvement Project No. 1978 -38 and Curb & Gutter & Sidewalk Improvement Project No. 1978 -39 and ordered preparation of'plans and specifications for the reconstruction of 53rd Avenue North from Penn Avenue North to 4th Street North; and WHEREAS, the City Council deems it necessary, in conjunction with said 53rd Avenue reconstruction, to initiate Storm Sewer Improvement Project No. 1979 -2; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct the City Engineer to prepare plans and specifications for said improvement project described as follows: 1979 -2 - Storm Sewer • Modification of existing storm sewer along 53rd Avenue North from Penn Avenue North to 4th Street North; and installation of new storm sewer along Oliver Avenue North from 53rd Avenue North northward approximately 300 feet and along Dupont Avenue North from 53rd Avenue North northward approximately 200 feet. 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 ESTABLISHIN WATER IMPROVEMENT G T MAIN I O NT PROJECT NO. 1979 -1 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, on September 11, 1978, the Brooklyn Center City Council adopted Resolution No. 78 -196 establishing Street Grading, Base & Surfaging Improvement Project No. 1978 -38 and Curb & Gutter & Sidewalk Improvement Project No. 1978 -39 and ordered preparation of plans and specifications for the reconstruction of 53rd Avenue North from Penn Avenue North to 4th Street North; and WHEREAS, the City Council deems it necessary, in conjunction with said 53rd Avenue reconstruction, to initiate Water Main Improvement Project No. 1979-1; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct the City Engineer to prepare plans and specifications for said improvement project described as follows: 1979 -1 - Water Main Along 53rd Avenue North from Bryant Avenue North to 4th Street 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 followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF 2, 000 FEET OF 2 -1/2" FIRE HOSE AND 2,000 FEET OF 1 -1/2" FIRE HOSE WHEREAS, Chapter 471.345 of the Minnesota Statutes provides for t the purchase of merchandise, materials or equipment, or any kind of construc- tion work by informal quotations when the amount of such contract is less than ten thousand dollars ($10, 000); and WHEREAS, the City Manager has obtained quotations on the purchase of 4,000 feet of fire hose and has determined that the quotation of Coyer and Associates in the amount of $180 /foot for 1 -1/2" and $270 /foot for 2 -1/2" fire hose for a total amount of $9, 000 is the best quotation submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to contract for the purchase of 4,000 feet of fire hose in the amount of $9,000 from Coyer_ and Associates. 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. Fire Hose Quotations Akins Fire Equipment 2,000 ft. 1-1/2" Hose @ $1 .98 /foot $3,960 2,000 ft. 2 -1/2" Hose @ $2.84 /foot 5,680 $9,640 Coyer and Associates 2,000 ft. 1 -1/2" Hose @ $1.80 /foot $3,600 2,000 ft. 2 -1/2" Hose @ $2.70 /foot 5,400 $9,000 FOB - Brooklyn Center y Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. MICHAEL SCHROEDER WHEREAS, Mr. Michael Schroeder served as a member of the Park and Recreation Commission from September, 1976 through January, 1979; and WHEREAS, his devotion to the tasks and responsibilities of this Commission contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: The dedicated public service of Mr. Michael Schroeder as a member of the Park and Recreation Commission and citizen, is recognized and appreciated by the City of Brooklyn Center. 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 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. SYLVIA WINKELMAN WHEREAS, Mrs. Sylvia Winkelman served as a member of the Conservation Commission from January, 1970 through December, 1978; and WHEREAS, her devotion to the tasks and responsibilities of this Commission contributed substantially to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: I` i The dedicated public service of Mrs. Sylvia Winkelman as a member of the Conservation Com- mission and citizen, is recognized and appreciated by the City of Br ,,nly.� „ C-; enter. 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 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. VIOLA KANATZ WHEREAS, Mrs. Viola Kanatz served as a member of the Charter Commission from April, 1972 through December, 1976 and as that body's chairman from January, 1977 through November, 1978; and WHEREAS, her devotion to the tasks and responsibilities of this Commission and the leadership she provided contributed substantially to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: The dedicated public service of Mrs. Viola Kanatz as a member and Chairman of the Charter Commission and citizen, is recognized and appreciated by the City of Brooklyn Center. 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 RENEWING INSURANCE CONTRACT WHEREAS, on December 4, 1978, the City Council accepted the proposal of the Home Insurance Company and renewed its insurance contract for liquor liability insurance coverage for the calendar year 1979; and WHEREAS, the Home Insurance Company will only insure liquor liability to $300,000 and that the statutory limit for liquor liability is $500,000; and WHEREAS, the Belefonte Underwriters, through the Towle Agency, has submitted a proposal to renew its excess liquor liability insurance contract for the calendar year 1979: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to accept the proposal of the Belefonte Under- writers and the Towle Agency and renew its insurance contract for the period commencing January 1, 1979 for one year as follows: • Excess liquor liability insurance with a limit of liability of $200,000 per location annual aggregate, in excess of $300,000 per location annual aggregate for an annual premium, subject to audit adjustment, of $3,284. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE COMPACT PICKUP TRUCK WHEREAS, the City of Brooklyn Center is authorized to participate in the Hennepin County Purchasing Agreement; and WHEREAS, on Tuesday, November 21, 1978 at 2:00 p.m. bids were received for the furnishing and delivery of light and heavy duty trucks. NOW, THEREFORE, BE IT RESOLVED that the bid of Downtown Chevrolet for one Chevrolet Luv Compact Pickup Truck in the amount of $4,317.37 in accordance with specifications is deemed to be the best bid submitted by responsible bidders 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. ♦ . `` /[ I MEMORANDUM TO: Gerald G. Splinter, City Manager FROM; Brad Hoffman, Administrative Assistant DATE: January 18, 1979 SUBJECT: Proposed Special HRA Legislation Over the past few months, the Brooklyn Center Housing Commission has been Involved in an active discussion of potential housing programs to be implemented in the City using both Community Development funds and HRA monies. The Com- mission recommended to the Community Development Citizens Participation Com - mittee that monies from the Community Development grant be set aside for housing rehabilitation grants and in turn the recommended such a program to the Council The authority of the City to develop and operate its own rehab grant and /or loan program is somewhat clouded. Generally, the statutory authority for a City to be involved in housing orientated programs and the extent of such involvement is defined in Minnesota Statutes, Chapter 462 and Chapter 472A. The citiefi, through HRA's, are empowered to carry out three general types of housing activities under existing state statutes. First, the City has the authority to acquire, relocate, construct and manage public housing projects in conjunction with the Federal Public Housing Program. Public housing projects are generally a thing of the, ;past with current emphasis being placed upon single family, scattered site public housing. Second, the City has certain "housing development project" powers which are quite broad. ° This empowers the City to acquire, relocate and clear sites for so called "moderate income housing projects ". In the past, such powers have been used by HRA's to construct, own and operate middle income housing projects. Third, Chapter 462 authorizes certain HRA activities in conjunction with redevel- opment projects The HRA would be authorized to designate a project area that is blighted and deteriorated and create a plan for the development of that project area Once created, the HRA is authorized to acquire, relocate, clear and convey or lease the land to private developers, with or without a "write- down" for the purpose con- sistent with the plan including commerical and industrial uses. Specialized powers have been added to the state statutes which relate to the three general categories as described. For example, the state statutes permit "spot renewal" . This authorizes the HRA to carry on redevelopment project activities on a lot by lot basis without the necessity of creating an area wide redevelopment plan. The City is also empowered to manage rental projects which grew out of the Federal Public Housing Program and has been construed to permit HRA's to manage nonowned middle income projects. Finally, there is a broad grant of power which Gerald G. Splinter -2- January 18, 1979 authorizes HRA's to "cooperate with or act as an agent for" the federal government, the state or any municipality or agency or instrumentality thereof in carrying out any federal, -state or local legislation related to the provisions of Chapter 462. Accordingly, an HRA can act as an agent for carrying out Community Development Block Grant programs so long as they relate to housing and redevelopment activities.. Absent special legislation which some communities have obtained, the powers of an HRA or a City to carry out housing rehabilitation programs are somewhat limited. First, the HRA can rehabilitate property which it owns whether it intends to retain ownership or intends to sell or lease the property after rehabilitation. Secondly, In its capacity as an agent, an HRA can administer the federal 312 rehabilitation loan grant program. Finally, the state statute authorizes locally funded rehabilita- tion loan and grant programs, but only to the extent that they are consistent with the terms and conditions of the federal 312 program. Many communities carry out Community Development Housing and Redevelopment Programs based solely on federal eligibility criteria without seeking legislative authority. It is the view of some authorities that communities are not specifically authorized to develop and operate their own rehabilitation grant programs using either HRA funds or Community Development Block Grant funds. Attached is a copy of proposed special legislation authorizing the City of Brooklyn Center to develop and administer its own housing rehabilitation loan and grant pro- gram with respect to any property found or located within the City's boundaries. The bill has been developed to give the City the greatest latitude in the development of its own program to meet the housing needs in Brooklyn Center. The proposed bill, if adopted, would alleviate any clouds or ambiguities presently associated with any rehab grant program using either Community Development monies or HRA monies. It would be my recommendation that the City seek passage of this bill in the State Legislature. 1 A BILL FOR AN ACT 2 relating to the city of Brooklyn Center;. 3 authorizing housing and rehabilitation 4 loan and grant program; 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA 6 Section 1. [PURPOSE.] The legislature of the state 7 of Minnesota finds that preservation of the quality of life 8 in a metropolitan city.is dependent upon the preservation 9 of adequate housing, that many houses in the city of Brooklyn 10 Center do not meet the app licable housing code, that there '11 is a need for a housing rehabilitation program in the city 12 of Brooklyn Center which will complement any statewide housing 13 rehabilitation program, that some home owners are unable 14` to afford any rehabilitation expenses, that many home owners 15 are unable to afford housing rehabilitation loans at market 16 rate of interest, and that because the availability of mort -� 17 gage credit for housing rehabilitation is limited some home 18 owners cannot obtain such credit. 19_ Seca 2. [CITY OF BROOKLYN CENTER; HOUSING REHABILITATION 20 LOAN AND GRANT PROGRAM.] The city of Brooklyn Center is 21 authorized to develop and administer a housing rehabilitation 22 loan and grant program with respect to property located 23 anywhere within its boundaries which is owned by persons 24 of low and moderate income on-such terms and conditions ' 25 as it determines. 26 Sec. 3. [REGULATIONS.] The City Council shall, by 27 ordinance, promulgate regulations for this program. Loans 28 or grants shall not be made when the City determines that 29 financing is otherwise available from private lenders upon 30 terms and conditions which are affordable by the applicant, 31 as provided by the city in its regulations. 32 Sec. 4. [ADMINISTRATION.] The rehabilitation loan 33 and grant program established by the City Council pursuant - 34 to Section 3 be administered by the City, or may by 1 ordinance of the City Council, be administered by an existing 2 city agency or an agency created by such ordinance._ 3 Sec. S. [FUNDING.] The City of Brooklyn Center, or 4 any agency designated to administer the program pursuant 5 to Section 4, may finance such program with any available 6, funds, provided, however, that The City of Brooklyn Center 7 shall not be authorized hereby to issue its general obliga- 6 tion bonds for the purposes of this Act. 9 Sec. 6. [EFFECTIVE DATE.] This act shall take effect 10 wh6h approved by a majority of the City Council of Brooklyn 11 Center and upon compliance with Minnesota Statutes, Section ' I '12 645.021. ` f MEMORANDUM TO: Council Members Charter Commission Members FROM: Gerald G. Splinter, City Manager DATE: January 17, 1979 SUBJECT: Proposed Charter Amendments Chairman Kanatz presented the proposed Charter amendments to the City Council on October 16, 1978. The Council discussed the proposed Charter amendments - at the October 30, 1978 City Council meeting and at that time, as part of the official record, the Council listed those proposed amendments which were accep- table and objectionable and the reasons for acceptance or objection. Since that time, Chairman Kanatz has resigned. Commissioners Hintzman and Asplund met with Mary Harty and myself on December 13 to clear up certain ques- tions concerning Council comments on specific proposed amendments. All of the amendments were reviewed at that meeting. Attached is a summation of the under- standing reached at that meeting. This memorandum is being provided to both the Council and the Charter Commission in order to ascertain whether there is an understanding of Council point of view and Charter point of view as it relates to disagreement and agreement in the proposed amendments. It is honed this will expedite the continuation of this process. If either side has been misrepresented, please contact me. Amendment 1 Motion defeated by the Charter Commission. Amendment 2 Charter Commission has agreed to study it further. Substantive disagreement over whether the terms of Councilmembers and the Mayor should be limited. Amendment 3 Charter Commission concurs with the Council suggestion that the wording should be changed. It is a question of draftsman - ship not a substantive difference. Suggested wording "No member of the Council shall be appointed City Manager, nor shall any member hold any paid municipal office or employment for the City, nor shall any former member be appointed to any full time paid appointive office or employment for the City, until one year after the expiration of his term or his resignation from the office of Mayor or Councilman. Amendment 4 Charter Commission has agreed to study udy it further. Substantive disagreement over the number which should constitute a quorum. t Council Members Charter Commission Members -2- January 17, 1979 Amendment 5 Charter Commission concurs with the Council suggestion to change the wording to Minnesota Open Meeting Law rather than the State Open Meeting Law. Amendment 6 The Charter Commission has agreed to study it further. Sub- stantive disagreement over whether the Council "shall" compel the attendance of absent members or whether the Council "may" compel the attendance. Amendment 7 Accepted Amendment 8 Accepted Amendment 9 Charter Commission concurs with a Council suggestion to change the wording to "within 30 days after its final passage" rather than Y A g - "within 30 days of its final passage Still at issue is a ques- tion of what constitutes publish. Since it has been published in full text once after its first reading, would it be adequate to pub - dish the title of the ordinance and a short summation of the ordinance if the titre was not self explanatory. Added to that, notice could be a mention that the full text of the ordinance is available from the City Clerks office. Under this arrangement, the full text of • the ordinance would be published after the first reading. The title, possibly a short summation, and notice, of where to acquire full text of ordinance would be published "within 30 days after its final passage ". This suggestion is made due to the cost of pub- lishing an ordinance in full two times. The cost of publishing lengthy ordinances in full can approach $100. Amendment 10 Accepted Amendment 11 Charter Commission has agreed to, study it further. Substantive disagreement over the number of nominees for an election. Amendment 12 Accepted Amendment 13 Charter Commission has agreed to study it further. Question as to what constitutes "the people ". Amendment 14 Motion defeated by the Charter Commission. - Amendment 15 Charter Commission has agreed to study it further. Question as to whether City could spend any money, even for informational items, under the suggested wording. Amendment 16 Accepted Council Members Charter Commission Members -3- January 17, 1979 Amendment 17 Charter Commission would like to see suggested wording maintained City Attorney will comment. Amendment 18 Charter Commission accepts the Council suggestion to retain the paragraph. Amendment 19 Charter Commission has agreed to study it further. The intent of the Charter Commission, to remove the dollar amounts from the Charter, can be met by the following wording suggested by City staff. Section 6.05. PURCHASE AND CONTRACTS. The City Council shall, by resolution, establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. If the recommended wording is acceptable, a City Purchasing Policy could be passed by resolution. -A draft copy is attached. Amendment 20 Charter Commission has agreed to study it further. The intent of ' the Charter Commission, to remove the dollar amount from the Charter, can be met by the following wording suggested by City staff . Section 6.06. CONTRACTS: HOW LET. Every contract for the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property shall be in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345. Subject to the provisions of this charter, the, Council may by resolution adopt further regulations for the making of bids and the letting of contracts. If the recommended wording is acceptable, a City Purchasing Policy could be passed by resolution. A draft copy is attached. Amendment 21 Charter Commission states their research indicates according to Attorney General's opinion Section 7.16 is meaningless. City Attorney will comment. Amendment 22 Not applicable Amendment 23 Accepted Amendment 24 Accepted City Attorney will be asked to correct gender in Charter. "DRAFT COPY" RESOLUTION NO. RESOLUTION ESTABLISHING A CITY PURCHASING POLICY t WHEREAS, Section 6.05 of the City Charter of the City of Brooklyn t f� Center does direct the City Council to establish and maintain a purchasing policy for the City of Brooklyn Center. BE IT, THEREFORE, RESOLVED by the City Council of the City of Brooklyn Center that the purchasing policy of the City of Brooklyn Center .shall be as follows: . CITY OF BROOKLYN CENTER PURCHASING POLICY PURPOSE: s It shall be the purpose of the Purchasing Policy of the City of Brooklyn Center to: - (I) Assure that all purchases are made in accordance with the laws of the State of Minnesota and the policies of the City of Brooklyn Center. (2) Assure that all purchases are charged to the proper account. !41 fissure vend that the purchase iS auth^r zed and r that their invoices will be paid promptly, (4) Assure uniform purchasing procedures wiihin the City's departments. (5) Assure the City Council and the City Manager that adequate controls over the purchasing function are well established.and are adhered to. DEFINITIONS: For the purposes of establishing purchasing procedures for the City of Brooklyn Center, the following definitions shall apply: Contract for Services A "contract for services" means an agreement entered into by the City for the use of professional services such as consultants, auditors, legal counsel and architects. "Contract for services" shall also include an agreement entered into by the City'for insurance coverages. I Contract for Purchases: A "contract for purchases" means an agreement entered into by the City for the purchase_ of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. "DRAFT UUYY" RESOLUTION NO. PROCEDURES: For the purpose of establishing purchasing procedures, "contracts for services" and "contracts for purchases" shall be divided into separate purchasing categories according to the real or estimated cost of the services or purchases. The purchasing categories shall be: 4 Category I: $10,000 or more Category II: $5,000 or more, but less than $10,000 Category III: $2,000 or more, but less than $5,000 Category IV : Less than $2,000 Contract for services procedures by category shall be as follows: Category I, Category II, Category III: ($2,000 or more) Contract awarded by.the City Council upon recommendation of the City Manager. Category IV : (Less than $2,000) Contract awarded by City Manager. Contract for purchases procedures by category shall be as follows: Category I: ($10,000 or more) a. Awarded by City Council upon recommendation of City Manager. b. rontract awarded by City Council upon receipt of sealed bids in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345. Category II: ($5,000 through $9,999) a. Awarded by City Council upon recommendation of City Manager. b. Contract awarded by City Council in accordance with the Uniform Municipal Contracting'Law, M.S.A. Section 471.345 upon either: (1) receipt of sealed bids. (2) receipt of two or more written quotations when possible. Category III: ($2,000 through $4,999) a. Awarded by City Manager, b. Contract awarded by City Manager upon receipt of two or more written quotations. Category IV: (Less than $2,000) a. Awarded by City Manager. b. Contract awarded by City Manager upon receipt of two or more written or oral quotations when possible. "DRAFT COPY" RESOLUTION NO. t GENERAL POLICIES: I The City Manager shall establish written detailed purchasing procedures which are. necessary to supplement the City Council's purchasing policy and which are necessary to maintain adequate controls over the purchasing-function. 2. Checks shall be issued regularly on the second and fourth Mondays of each month to pay the City's outstanding warrants, or whenever else -necessary to guarantee cash discounts, or whenever else deemed necessary by.the City Manager. 3. The City Manager shall keep on file for public inspection, through the Department of Finance, a listing of all cash disbursements made by the City during the current calendar year, d x 6 { 1 I MEMORANDUM TO: Gerald G. Splinter, City Manager p Y g FROM: Mary Harty, Administrative Assistant DATE: January 17, 1979 SUBJECT: Council Information on Standardized Pay Schedule for Part -Time Clerical Employees_ The following summation briefly outlines the reasons for a recommended standard - ized pay schedule for part -time clerical employees for informational purposes for the City Council. Although the setting of a standardized pay schedule for part -time employees does require a uire Council approval, q pp al, if the pay schedule is implemented in 1979 there is a possibility the Council may have to approve a transfer of funds at a later date due to the schedule. -The departments affected would be able to implement the part -time pay schedule within their allocated 1979 budgets with the exception of the Park and Recreation Department. The maximum amount the Park and Recreation Department would need is $8,000. It is possible the Park and Recreation Depart- ment would be able to cover the added $8,000 labor cost through savings in other • areas of the budget. Whether or not the Park and Recreation Department would be able to cover the $8,000, a t this point is a matter of conjecture. In November, 1977, a concern was raised by several department heads relative to part -time clerical salaries. A meeting was held and a consensus was reached that a standardized pay schedule for part -time clerical employees should be investigated. A standardized schedule was favored for the following reasons: 1. Review of the job descriptions of the part -time clerical employees in various departments showed the positions to be similar in scope, function, skill level required and level of responsibility. 2. A standardized pay scale would ensure consistency and therefore assist in more equitable personnel administration. 3. A standardized pay schedule would assist in attracting part -time clerical employees for positions within the City. An investigation of various alternative pay schedules was explored. Initially, calls were made to other suburban municipalities'to ascertain their pay plan for part -time clerical employees. The situation in a majority of municipalities contacted was similar to the situation as it presently exists in Brooklyn Center, pay plans for part- time clerical are not standardized. Most municipalities reported that they hired Gerald G. Splinter -2- January 17, 1979 . part -time clerical at whatever rates the market would bear and raised individual salaries for the same reasons. It appears that those municipa litie s. contacted, which utilized part -time clerical, paid them a higher starting salary than was being paid by the City of Brooklyn Center. The starting salary in Brooklyn Center ranged from $2.50 in the Park and Recreation department to $3,00 in City Hall, whereas most other_ municipalities started their part -time clerical at approximately $3.25. Regardless of the fact that most other municipalities were operating "by the seat of their pants" in the area of pay plans for part -time clerical, it was decided a standardized pay plan would be beneficial to Brooklyn Center. Due to increased work load in many City departments, the City is now employing more part -time clerical. The City currently employs (or a vacancy exists) part -time clerical employees equal to slightly over 10% of the City's full time complement of employ - ees. What could be dealt with less systematically in the past, presently can be more effectively dealt with in a systematic manner due to an increase in the total number of part -time employees. Several pay schedules have been investigated and the cost of each determined. An attempt was made to accommodate the following concerns in a plan: 1. Cost not prohibitive. • 2. Ability to attract employees at the starting wage. 3. Provide incentive to part -time clerical employees to remain with the City for an extended period of time. 4. Hourly wage for part -time clerical employees would not surpass the rate for full -time clerical although this phenomenon is somewhat offset by the fringe benefits available to full -time employees. 5. Step increases for part -time clerical would occur at approximately the same intervals as for full -time clerical. 6. Pay scale would encompass the salary paid to one part -time employee (higher than other part -time employees) without unduly skewing the scale upward 7. Cost of living increases could be added to scale after 1979. 8. Percentage increases at each interval are reasonable. The following pay schedule is recommended for part -time clerical employees: Start $3.25 6 Mo. $3.40 18 Mo. $3.75 2 Yrs. $4_00 MH:ln NORTHERN CABLEVISION, INC. January 10, 1979 Mr. Gerald Splinter, City Manager City of Brooklyn Center - 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Splinter: In November, 1978, Northern Cablevision, Inc., a wholly -owned subsidiary of Storer Broadcasting Company, filed with the State of Minnesota a proposal for approval of a Cable Service Territory consisting of the municipalities of Richfield, Bloomington, Edina, St. Louis Park, Hopkins, Eden Prairie and Minnetonka. That proposal is now being reviewed by the Metropolitan Council and the Minnesota Cable Communications • Beard and will be on the Board agenda at its February meeting. On January 5, 1979, Northern Cablevision of Minneapolis, Inc., another wholly - owned subsidiary of Storer Broadcasting Company, proposed a Cable Service Territory con- sisting of the corporate limits of the City of Minneapolis. That proposal is also subject to Metropolitan Council review and will be before the MCCB at its April meeting. Representatives of Northern Cablevision have visited each of the nine northwest suburban municipalities listed below to discuss with you the possibility of forming a similar Cable Service Territory to that being proposed in the southwest and in the city of Minneapolis. We have also appeared at several joint meetings of the Northwest Cable Study Commission. Since we have found the communities and your representatives on the Northwest Study Commission to be generally receptive to also being included in a Cable Service Territory, I wish to confirm the intention of Northern Cablevision, inc. to file with the State of Minnesota a proposal asking for approval of a CST consisting of the municipalities of Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Center, Brooklyn Park, Osseo, Plymouth and Medicine Lake. It is our intention to file such a request with the MCCB prior to the end of this month. After the filing of our petition, there will be a ninety day period in which each of the affected municipalities and the Metropolitan Council can comment upon the proposal. Each of your communities will have an opportunity to take a position with respect to this Cable Service Territory both during that period and at the MCCB meeting at which it is considered. Q 1650 Northwestern Financial Center • 7900 Xerxes .Avenue South Minneapolis, Minnesota 55431 + 612- 835 -7784 NORTHERN CABLEVISION, INC. Mr. Gerald Splinter t January 10, 1978 Page Two If you or any of your council members wish to have a representative of Northern Cable - vision appear at your City Council meeting to explain this proposal, we would be more than happy to make provision to do so. Since we wish to propose a Cable Service Terri_ tory which has the support of all included communities, we would very much appreciate your advising us if you do not wish to be included in the Cable Service Territory which we will be filing with the MCCB. Please advise us if you have any questions or comments, or wish to be excluded from the CST application. You may either call or write to me at this address or contact our Legal Counsel, Mr. James Erickson or Ms. Ember Reichgott at Larkin, Hoffman, Daly & Lindgren, Ltd., 7900 Xerxes Avenue South, Suite 1500, Minnea- polis, Minnesota 55431, 835 -3800. Thank you very much for your consideration. We look forward to being able to present you with a proposal to bring cable television service to your city. Sincerely, Jeffrey A.`Maicus NORTHERN CABLEVISION, INC. lc/507 cc; Mr. Dean Nyquist, NW Study Commission Member W. D. Donaldson, MCCB 1650 Northwestern Financial Center • 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 • 612- 835 -7784 MEMO TO: Gerald Splinter, City Manager FROM: Al Lindman, City Clerk i SUBJECT: MAPSI Contract DATE: January 19, 1979 I I have reviewed - the proposed contract with Municipal and Private Service, Inc. (MAPSI) and I recommend signing -the proposed contract. The 1979 contract comprehends an increase of 50� per hour for patrol time and an increase of 20� per hour for - the boarding of animals impounded by the direction of - the City. These increases were expected and money for the increases has been incorporated into the 1979 Budget. The balance of - the contract is the same as 1978 and is acceptable. II cOIViMUNITY HEALTH DEPARTMENT %E " 4th f=loor, McGill Building 509 Park Avenue ;�hNES I HENNEPIN Minneapolis, Minnesota 55415 January 12, 1979 Mr. Gerald G. Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: Enclosed please find the proposed agreement between your municipality and the County for the use of Community Health Services Subsidy funds to support your municipality's environmental health activities. The funds this year have been distributed to nine municipalities on the basis of the proportion that each municipality's environmental health expendi- ture bea to the expenditures of all nine. The total environmental health funds allocated are $32,217. The enclosed agreement is ess`ntially the same as in 1977 and 1976 with one important exception, this year a municipality must submit an invoice detailing revenues and expenditures for environmental health services rior to receiving cash payments for environmental health services. This policy has been implemented as a result of the Minnesota Department of Health's development of a fiscal management report placing audit responsibility for CHS funds with Hennepin County. s Would you please review, sign, notarize and return all three copies of the agreement by January 22, 1979. If you have any questions regarding the agreement please contact me. Yours very truly, "`�`�^'►`h 1`1-1 �—�{, John Wm. Urbach Environmental Health Specialist kmd Enclosure HENNEPIN COUNTY an equal opportunity employer MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspection._,�C .w DATE: January 19, 1979 SUBJECT: Rental Dwelling Licensing for the Four Plex at 5328 - 4th Street North On November 20, 1978, the City Council took action to deny the Rental Dwelling License for the property at 5328 - 4th Street North owned by Mr. Robert Bobleter because a number of housing maintenance related items had not been corrected. You will recall that a number of violations were reported to the City Council regarding such things as a deteriorated driveway, broken screens and storms, paint peeling from soffit and fascia boards, and improperly supported hot water heater flue, as well as a lack of outside lawn maintenance. The owner of the property had indicated to the Building Inspector that the Minnesota Department of Transportation was in the process of acquiring this property for freeway purposes, and that he had indicated that this property acquisition would be completed by April, 1979, and had inquired if it would be possible to get a temporary Rental License through that time without making all of the required maintenance improvements. We had indicated to Mr. Bobleter that such a recom- mendation could be made to the City Council provided maintenance items related to occupancy through the winter months such as the repair of storm windows, storm doors and the hot water heater flue were accomplished. The Building 9 Inspector had made an inspection of this property on November 16, 1978,and none of these items had been addressed and, therefore, a recommendation to deny the • license had been made. Attached is a copy of a January 12, 1979 memo from the Building Inspector re- lating to his inspection of the property. He indicates that the corrections we had requested that were related to a winter occupancy have been made. We have also received a verification from MN /DOT of their intention to acquire this property during the spring of 1979. Because the necessary corrections have been made, it is our recommendation that a Rental Dwelling License be authorized on a temporary basis through April, 1979 to Mr. Robert Bobleter for the four plex at 53.28 - 4th Street North. DATE: January 12 1979 MEMO TO: Ron Warren 1 FROM: Andrew J. Alberti RE: 5328 4th Street North Robert Boble tte r On 8/23/78 a relicense inspection on this four plex was made. On 9/8/78 a compliance order was issued with (15) housing t i code violations with a correction date set for 10/6/78. On 11/16/78 an inspection was made to verify corrections. Only one correction was made at this time. I called Mr. Bobletter regarding this and he explained to me that he had been negotiating with the Highway Department in a sale of this property. I informed him that certain items must j be corrected immediately as the cold weather was setting in. On 12/19/78 another inspection i p ction was made and th,items relating to cold weather have been corrected. - In my conversation with two (2) tenants I found that tbpy had sufficient heat and no water leak problems from torn # roofing and broken gutters. I'm sure we can license this dwelling for a limited time only as I have told the owner that he will have o provide t i p screens for the windows, if he is still the owner in May.. Attached are copies of the Compliance Order and a letter from the Highway Department. • CITY OF BROOKLYN CENTER, MN 55430 • . Department of Planning and Inspection (612) 561 -5440 r • HOUSING MAINTENANCE COMPLIANCE ORDER ) A T E 9 -8 -78 COMPLIANCE DATE: 10 -6 -78 Robert E. Bobieter kfl. 4533 Colorado Ave. N. Minneapolis, MN 55422 5328 4th Street North. .00ATION:. Andrew J. Albert( _ "OV- PLIANCE OFFICIAL: - . rte following violations of the (lousing Maintenance and Occupancy Ordinance were cited during scent inspection of the above premises. You are hereby informed that th violations must ae corrected on or before the COMPLIAKE DATE indicated. The premises grill be reinspected. ailure to correct or to make satisfactory arrangements to correct violations may result in suspension or revocation of a rental dwelling license, if applicable; and, in any case, may result in issuance of a citation which, upon - conviction, is by fine and/or imprisonment. sect, on 12 -1102 of the ordiance provides for Right of Appeal, when it is a11vvvU' L14aL a : nce Order is based upcn erroneous dnterpretat:on of this ordinance. The appeal mu :t suer fitted to the Inspection Department, in writing, specifying the grounds for appeal, trithin five (5) business days after service of the order, and Must be accompanied'by.a filing fee of $15.00 in cash or cashier's check. DESCRIPTION OF VIOLATIC'NS , ORDINANCE SECTION FIRST NOTICE 1) Driveway on west side has large holes and is deteriorated. 12 -316 'fG 2) North rear grass area is high and uncut. 12 -317• 3) North rear storm door has a broken screen. 12 -703 &A,_' 4) northwest lower apartment has broken screen. 12 -703 4 AL 5 Mnrtheast lower apartment has broken screen. 12 -703 /' C! • ,,6) north soffit and facia boards have peeled paint. 12 -702 7) South entrance gutter has pulled away from facia board. 12 -709 Wz___ L) South roof has broken and missing tabs. 12 -702 9) South soffit and facia board has peeled paint. 12 -702 10). Laundry room fire door does not clost tight. 12 - 703 AA �'i�, 11) South storm door has broken screen. 12 -703 NL- 1L 12) West stairway is - #+ooc# with debris. 12 - 303 f G 61& We . 13) Hot water heater/flue' is not properly supported. 12 -7 9 14) Northeast upper apartment screen is broken. 12 -703 15) East side soffit and facia .boards have peeled paint. 12 - 702%�� E$0 �N l1N Tq _ 6 2 Minnesota ° Department of Transportation o Transportation Building F Q St. Paul Minnesota 55155 OF TRP�� phone 6121296- 3221 flow =tuber' 21 1978 r.. ,;,: ��.. • - Mr. Peter M. Boole City Assessor C.ty of Brooklyn Center 6301 Shingle Creek Parkway _ Txooklyn Center, Minnesota 55430 ' In :reply refer to: 360 .'..Y� 2781 (9392) 921 Heinepin County t E. Bo bleter Rober Parc 275. o Dear Yr. Poole, information is in response to our telephone This inform hone call of November 20, 1978 . p y P regarding the status of the parcel identified above. � We nave *.Wade a direct purchase offer on fl7i c parcel and are now in the process of commencing an eminent domain proceedings. P^ expect that the petition will be filed about January 15 1979, and that the hearing on petition will be held in the first half of April 1979. Based on these two dates we should have title and possession of the property by June l 1979. If you should have any further questions regarding this matter, please feel free to contact this office. since'rely, R. H. S livan, P.E. Director Right of Way Operations Section .. _ s�°•!., .if ... s.. ,: .waaE:%.i�: _ ' -t: K' - _ :! :' }' • . — h : . +• � .��: An Equal Opportunity Employer Licenses to be approved b the City Co 1 o pP Y y C nci n January 22, 1979 CATERING FOOD VEHICLE LICENSE Brooklyn Center Community Center 6301 Shingle Creek Pkwy. F. Sanitarian CIGARETTE LICENSE ) Brookdale Ford Inc. 2500 County Road .4• I�./IZ n y 10 Duke's Standard Station 6501 Humboldt Ave. No. <cL2_J Duke's Standard Station 6600 Lyndale Ave. No The Pipeseller 1301 Brookdale Center Servomation 4301 68th Ave. No. Earle Brown Office Bldg. 6040 Earle Brown Dr. City Clerk COMMERICAL KENNEL LICENSE F.W. Woolworth Company 1212 Brookdale Center 1� Q 1tii Sanitarian FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. T w , Baskin Robbins Brookdale Shopping C tr . 7- Berean Evangelical Free Church 6625 Humboldt Ave. No. Bridgeman Creameries 8151 Normandale Blvd. Bridgeman's 1272 Brookdale Center Brookdale Assembly of God Church 6030 Xerxes Ave. No. Brookdale Christian Center 6120 Xerxes Ave. No. Brooklyn Center Baptist Church 5840 Humboldt Ave. No. _f ,, VZLA_c - Brooklyn Center Community Center 6301 Shingle Creek Pkwy. % - , , Vj� �_ Brooklyn Center Evangelical Free Church 6830 Quail Ave. No. ' Brooklyn Center High School 6500 Humboldt Ave. No. Brooklyn Center National Little League 2006 Brookview Drive 7 Cross of Glory Church 5940 Ewing Ave. No. JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle 2C.IL j Earle Brown Elementary School 5900 Humboldt Ave. j Garden City School 3501 65th Ave. No. Lynbrook Bowl 6357 North Lilac Drive Nino's Steak Round -Up 6040 Earle Brown Dr. _ Northbrook Alliance Church 6240 Aldrich Ave. No. Northport Elementary School 5421 Brooklyn Blvd. f� Ian Q riJ1 L.G., Inc. 1700 W. Highway 36 Orange Julius of Brookdale 1396 Brookdale Center Orchard Lane School 6201 Noble Ave. No. J.C. Penney Co 1265 Brookdale Center Perkins Cake & Steak, Inc. 4917 Eden Ave. Perkins Cake & Steak 5915 John Martin Dr. 7- ` Madeline Roche 816 69th Ave. No. CEAP 5607 Brooklyn Blvd, T i F.W. Woolworth, Inc. 1212 Brookdale Ctr. Sanitarian GASOLINE SERVICE STATION LICENSE - Brookdale Shell Service 1505 69th Ave. No. Duke's Standard Service 6501 Humboldt Ave. No. l7td,1CJ Duke's Standard Service 6600 Lyndale Ave. No. SuperAmerica Service Stations P. O. Box 248 Su erAmeri a c p P 6545 W. River Road .d. City Clerk NONPERISHABLE VENDING MACHINE LICENSE Howard Bauermeister 5809 Boone Ave. No. Pizza Factory 6816 Humboldt Ave. Na. 7 ,_(1 Bill's Juice Vending 3900 Beard Ave. So. Holiday Inn 1501 Freeway Blvd. 7 Bond Tool and Die Co. 6840 Shingle Creek Pkwy. Brookdale Covenant Church 5139 Brooklyn Blvd. 7 : Brooklyn Center High School 6500 Humboldt Ave. No. i Carousel Coiffures 6225 Brooklyn Blvd. 77 le - Cass Screw Company 4748 France Ave. No. - Cats Pump Corporation 1600 Freeway Blvd. Cook Paint 4800 North Lilac Drive Dale Tile Company 4825 France Ave. No. Davies Water "Equipment 4010 Lakebreeze Ave. No. — — Dean's Vending Co. P. 0. Box 380 Brookdale Motel 6500 Lyndale Ave. No. Z Duke's Standard Service 6501 Humboldt Ave. No. __,- Duke's Standard Service 6600 Lyndale Ave. No. 77 Lance, Inc. 4917 tibbott Ave. No. Brookdale'Car Wash 5500 Brooklyn Blvd. ?tJ Pilgrim Cleaners 5748 Morgan Ave. No. Lynbrook Bowl 6357 North Lilac Drive T -t1Z`a Malmborg's , Inca 5120 North Lilac Drive Midwest Screw Products 3410 48th Ave. No. Mikros Engineering 3715 50th Ave. No. / Precision, Inc. 3415 48th Ave. No. Ralph's Super Service 6601 Lyndale Ave. No. tiJ Saber Dental Studio 6800 Shingle Creek, Pkwy. Venus Distributing 7035 Washington Ave. So. Venus Water Beds Westbrook Mall �;tC Sanitarian �J OFF -SALE NONINTOXICATING LIQUOR LICENSE 7- Eleven 411 66th Ave. No. City Clerk PERISHABLE VENDING MACHINE LICENSE Duke's Standard Service 6501 Humboldt Ave. No. 7 Duke's Standard Service 6600 Lyndale Ave. No. - 7 - - Sanitarian REA DILY PERISHABLE FOOD VEHICLE LICENSE Little Friends Day Care Center 5840 Humboldt Ave. No --Sanitarian RENTAL DWELLING LICENSE Renewal: ��/ Dwight Jereczek 6319 Brooklyn Drive d - NdQw n _ Robert Bobletter 5328 4th Street North Transfer: Stanley Gibbs & R.W. Irwin 6715,17,19,21 Humboldt ,P .�/1 = / Director of Planning and Inspection SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE Brooklyn Center Liquor Store #1 6800 Humboldt Ave. No. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. P _ Brooklyn- Center Liquor Store #3 Northbrook Shopping Ctr. 1 Fun Services Inc. 3701 50th Ave. No. T A Sanitarian.