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HomeMy WebLinkAbout1993 08-09 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER AUGUST 9, 1993 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: * a. July 21, 1993 - Special Session b. July 26, 1993 - Regular Session 8. Mayoral Appointments: a. Human Rights and Resources Commission -On 7/26/93, the City Council tabled consideration of these appointments. This evening, by majority vote, the City Council may approve appointing the nominees. 9. Planning Commission Item: a. Planning Commission Application No. 93009, submitted by Wendy's International, Inc. Request for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive -up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North. This application was recommended for approval by the Planning Commission at its July 29, 1993, meeting. 10. Ordinances: a. An Ordinance Repealing Chapter 8, in its Entirety, of the City Ordinances Regarding Food Sanitation Code -This ordinance amendment is offered for a first reading this evening. b. An Ordinance Amending Chapter 18 of the City Ordinances Regarding Authority to Issue Citations -This ordinance amendment is offered for a first reading this evening. ' CITY COUNCIL AGENDA _2_ AUGUST ST 9, 1993 11. Discussion Items: a. Recommendation of the Financial Commission Regarding the Organizational Evaluation Process b. Proposed Park and Ride Facility -On 6/28/93, the City Council conducted a public hearing, then tabled consideration regarding this proposal. As requested by the Council, City staff has prepared a report responding to the issues discussed at the public hearing and evaluating alternative locations for such a facility. If the Council wishes to continue consideration of this proposal, it is recommended that: (1) the Council direct staff to conduct one or more discussion meetings with citizens; and (2) schedule another public hearing to discuss the proposal. c. Approval of Minutes - June 28, 1993, Regular Session and Consideration of Action Pursuant to Resolution No. 93 -06, Resolution Declaring Commitment to the Brooklyn Center City Charter, Pledging Fair Treatment of Employees, Declaring Against Conflicts of Interest and Misuse of Positions 12. Resolutions: * a. Authorizing the Mayor and City Manager to Enter into a Joint and Cooperative Agreement for the Formation and Administration of the Hennepin -Anoka Suburban Drug Task Force * b. Awarding Sale of $120,000 General Obligation Equipment Certificates of Indebtedness of 1993, Fixing Form and Terms Thereof and Providing for Their Payment * c. Amending the 1993 General Fund Budget to Recognize the Grant for the Forestry Program * d. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. Dst 08/09/93) 13. Consideration of Specified License: * a. Class B and Sunday On -Sale Intoxicating Liquor License to Apple American Limited Partnership of Minnesota, DBA Applebee's * 14. Licenses 15. Adjournment • MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Director of Community Development DATE: August 5, 1993 SUBJECT: Brooklyn Boulevard Task Force I have been able to contact the following people, all of whom have indicated a strong desire to serve on the Brooklyn Boulevard task force. 1. Planning Commission Members Diane Reem, 6225 Chowen Avenue North, 561 -2690 Mark Holmes, 7207 Grimes Avenue North, 560 -3036 Bob Mickelson, 4006 Winchester Lane, 537 -0813 i 2. At Large Bill Bartram, Brookdale Chrysler, 535 -5200 Dave Nelson, Uhde /Nelson, 424 -8559 Frank Slawson, Marquette Bank, 569 -1454 Janis Blumenthals, Chamber of Commerce, 561 -5757 Dr. Duane Orn, Northport Medical, 533 -8666 Lee Cook, Jr., 5341 Brooklyn Boulevard, 537 -1168 Dr. David Monson, 6142 Brooklyn Boulevard, 566 -9330 Phyllis Owen, 6520 Brooklyn Boulevard, 561 -6520 Bonnie Engler from Pilgrim Cleaners has indicated that she is expecting soon and is not able to serve at the moment; however, she feels Don Rosen would like to continue. I have also tried to contact the following persons and have not been able to reach them at this point: Marty Iten, Iten Chevrolet, 561 -9220 Perry Watson, North Star Dodge, 560 -8000 cc: Sharon Knutson CITY OF BROOKLYN CENTER Council Meeting Date August 9, 1993 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY COUNCIL MINUTES - JULY 21, 1993 - SPECIAL SESSION CITY COUNCIL MINUTES - JULY 26, 1993 - REGULAR SESSION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: I Sharon Knutson, Deputy City Clerk ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: ►� N No comments to supplement this report Comments below /attached ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: su lemental sheets attached � PP ) RECOMMENDED CITY COUNCIL ACTION 'r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF ]HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JULY 21, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Todd Paulson at 6:05 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter and Personnel Coordinator Geralyn Barone. Planning Session Mayor Paulson reviewed this evening's agenda which included developing a mission statement, priority review, visioning exercise, and policy formation. Councilmember Scott distributed a mission statement and objectives which she had drafted. Mayor Paulson distributed his copy of a draft mission statement. He reviewed the components of what he would like to see in a mission statement and the process to be used for this evening's meeting. The Council proceeded to discuss and draft a mission statement which needs to be refined and will be reviewed again by the city council. The Council agreed the communications task force should have a part in reviewing the final draft of the mission statement. Mayor Paulson directed a review and discussion of city priorities. The city manager reviewed the prioritization processes used in 1991 and 1992, and proceeded to review three main issues of concern to city staff. The Council discussed the issue of diversity, its impact on the community, and ways to address it. There was additional discussion on a "City Image Program" and infrastructure issues and a possible bond issue (its timing and impact). Staff was asked to prepare a preliminary report on a process to address infrastructure issues. Mayor Paulson proceeded to direct a visioning exercise, explaining the process and requesting each member to independently visualize what they would like the community to look like and what positive changes people would be reading about in Brooklyn Center in the year 2000 and beyond. Following independent preparation of positive changes, Council proceeded to categorize each of the items suggested by the members present. These items were categorized into municipal operations /public facilities; finance and 06/21/93 - 1 - administration /budget, finance; public safety /crime; community development /housing, economic development, communications, diversity. A summary list of these items will be prepared for the city council. There was discussion regarding the specific issue of diversity, and the Council drafted a statement outlining the City's goals and objectives for addressing diversity. The Council expressed interest in following this process for each of the areas brought forth during the visioning exercise. There was further discussion regarding the process for pursuing a bond election. Mayor Paulson provided some concluding remarks regarding having a vision. ADJOURNMENT The Brooklyn Center City Council adjourned at 9:38 p.m. Deputy City Clerk Todd Paulson, Mayor 06/21/93 -2- i r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BRUUKI. CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 26, 1993 CITY HALL BALL TO ODDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Barb Kalligher, and Kristen Mann. Councilmember Dave Rosene was excused from this evening's meeting. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Manning and Zoning Specialist Ron Warren, City Attorney Charlie LcFevere, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, and Council Secretary Carla Wirth. OFFNING CEREMONIES The invvK; ;Aioll w as obscrvcd with a momcnt of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening, He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS No Council reports were given. OF AGENDA D CONSENT APPROVAL G AN CO T G Mayer Paulson inquired if any C:ouncilmembers requested any items be removud froiu the consent agenda. Councilmember K er asked item 12a Resolution Accc tin Work T g al li Sl' � P b Performed and Approving n for ntr 1993- Final F t Contract B, be r emoved. APPROVAL OF MINUTES JULY 12. 1993 - REGULAR SESSION "There was a motion by Councilmember Scott rind sec:ondcd by Councilmcmbcr Mann to approve the minutes of July 12, 1993, regular session as printed, The motion passed unanimously. 7/26/93 - 1 - RESOLU'T'IONS The City Manger introduced a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Richard Handy. He extended the City's deep appreciation to Officer Handy for his years of dedicated service. Mayor Paulson commented every Police Officer has something that distinguishes their service, and he felt Officer Handy's legacy would be duties he performed with the Expl Post, All in attendance extended their appreciation for Officer Handy with a round of applause. RESOLUTION NO 93 -115 Member Barb Kallighor introduced the following resolution and moved its adoption- RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD HANDY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously, RESOLUTION NO 93 -116 MGniber Cilia Scat Scutt int'roduccd tho foll resolution and moved its adoption. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON AP 9- S MS 109- 10. 26, SHINGLE CREEK PARKWAY BETWEEN 69TH AVENUE NORTH AND THE NORTHERI.Y EXTENSION OF FREEWAY BOULEVARD; AND ON MSAP 109.125- 08, 69TH AVENUE NORTH BETWEEN WEST PALMER LAKE DRIVE AND 332' EAST OF THE INTERSECTION WITH SHIN CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by mem {�cr Kristen Mann, and the motion passed unanimously. RESOLUTION NO 93 -117 Member Culia Scott introduced tho following resolution and moved its adoption.- RESOLUTION ACCEPTING PROPOSAL OF WESTWOOD PROFESSIONAL SERVICES, INC. TO PROVIDE GRANT APPLICATION SERVICES FOR DEVELOPMENT OF THE TWIN LAKE TRAIL SYSTEM, AND APPROPRIATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 7/26/93 -2- 2 RESOLUTION NO. 93 -118 Member Cclia Scott introduced the following resolution and moved its adoption; RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 7[26/93) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO, 93 -119 Member Celia Scott introduced the followin, resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY REPAIR ACCOUNT, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND 69TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A STATE OF MINNESOTA APPROVED TEMPORARY EARLY RETIREMENT INCENTIVE PROURAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. FINAL FLAT APPROVALS CADY ADDITION PHILLIPS 66 PROPERTY NW QUADRANT OF 69TH AVENUE NORTH AND BROOKLYN BOULEVARD There was a motion by Councilmember Scott and seconded by C:ouncilmember Mann to approve the final plat for Cady Addition (Phillips 66 property NW quadrant of 69th Avenue North and Brooklyn Boulevard). The motion passed unanimously. BROt7 SALE CHRISTIAN CHURCH ADDITION (XERXES AVENUE NQR TH NEAR 61ST AVENUE There was a motion by C,auncilmembcr Scott and seconded by Couneilmember Mann to approve the final plat for Brookdale Christian Church Addition (Xerxes Avenue North near 61st Avenue North), The motion passed unanimously. 7/26/93 -3 - PERFORMANCE GUARANTEE RELEASE T ' MAINS REST fEPARTMENT STORE (KOHL'S) There was a motion by Councilmember Scott and seconded by Councilmember Mann to approvo a performance guaranti-.P relrase for Mainstreet Department Store (Kohl's). The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS Construction Mechanical Scrviccs, Inc. 1307 Sylvan Street Green Mechanical, Inc. 8811 East Research Center Road Wenel ,Services, inc. 5301 Edina Industrial Boulevard The motion passed unanimously. MAYORAL APPOINTMFNTS HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson stated a number of excellent applications were received for the two Human Rights and Resources Commission vacancies. He further stated he took into consideration geographic and gender balance as well as the number of times applications have previously applied for positions. He requested confirmation of Trayce Ann Olsen, West Central Neighborhood, and Daniel Reiva, Northeast Neighborhood, for appointment to the Human Rights and Resources Commission. Councilmember Mann stated all applicants would wonderful due to their understanding of the true meaning of volunteerism; however, currently all members of the Human Right and Resources Commission are female and two males are needed to provide better gender balance. She asserted g ra eo g P hic balance does not mean as much with this Commission. She suggested Dean Nyquist and Wayne Lerbs, both from the Southwest Neighborhood, be considered for appointment. She reported on Mr. Nyquist's involvement in the community and in mediating human rights issues, and Mr. Lerbs' involvement with Hilton Hotels. She stated it would be a travesty of justice against the community not to appoint these two men. Councilmember Scott stated she has no objection to the Mayor's recommendation nor to Councilmember Mann's statements regarding the qualifications of Mr. Nyquist and Mr. Lerbs. She further stated the Human Rights and Resources Commission is not currently represented by the needs of apartment residents and Ms. Olsen could provide that insight. She added Ms. Olsen also has a great deal experience with families in conflict, chemical dependency, and abuse issues. 7/26/93 - 4 - Mayor Paulson stated he considered this in his recommendation. Mayor Paulson further Stated since a unanimous vote was not possible tonight, he would entertain a motion Lo table this item to the next meeting when the appointments could be made by a majority vote. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to table further consideration of Human Rights and Resources Commission appointments to the August 9, 1993, meeting. The motion passed unanimously. PLANNING COMMISSION ITEMS _ The City Manager introduced Planning Commimion Application No. 93003, submitted by Randy Rau, for a special use permit and site and building plan approval to allow construction of an addition at 6849 Brooklyn Boulevard for use as a gas station /convenience store /car wash. He stated this application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion of the application. He explained the Planning; Commission recommended approval of Application No. 93003 subject to 14 conditions which he, reviewed for the Council. Randy Rau, applicant and owner of the property under consideration, stated he needs to expand his business to remain competitive and has tried to meet all requirements suggested by staff. He requested the Council's approval of his application. In response to Mayor Paulson's question, Mr. Rau reviewed the property's greenstrip, traffic circulation, and setback. Councilmember Scott commented Mr. Rau has included two heated concrete aprons which she feels is needed, especially in the winter when water from the car wash can cause icy conditions. She questioned the location of the handicapped parking space. Mr. Rau explained the handicapped parking space will be relocated due to concerns about heavy traffic in close proximity. He stated he has submitted an alternative to staff which will resolve their concern. In response to Councilmember Mann's question, Mr. Rau stated he has no objection to the listed conditions for approval. Councilmember Mann stated the conditions have bccn met to grant approval and the findings are in order. She added the planning Commission has done an excellent job considering this application. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Application No. 93003 submitted by Randy Rau, subject to the following conditions; 7/26/93 - 5 - 1. Building plans arc subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits, 2. Grading, drainage and utility plans arc subject to review and approval by the City Engineer, prior to the issuance of permits, 3. A Site Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior tO the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view, 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in acuurdancc with Chapter 5 of the City ordinances. 6. Underground irrigation shall be extended to any new or modified landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all driving and parking areas where the site is being modified. 9. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Guarantee. 10. Approval of this application is contingent upon the granting of a variance under Planning Commission Application No. 93004 or alterations to the property. 11. The amended special use permit is granted to the applicant for an expanded gas station/convenience store /car wash at 6849 Brooklyn Boulevard as contuincd in the plans submitted, Any expansion or alteration of the use shall require additional amendments to this special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 13. The plan shall be modified prior to the issuance of building permits to show a minimum 5' building setback along the south property line to coincide with a 5' drainage and utility casement and to provide a more appropriate iocatiffln for the handicapped parking. 7/26/93 - 6 - 14. Appropriate signage is required to avoid blockage of the Brooklyn Boulevard access. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 93004 The City Manager introduced Planning Commission Application No. 93004, submitted by Randy Rau, requesting a variance to allow for a lesser greenstrip than required by ordinance. He stated the applicant proposes to extend parallel gas pumps and to encroach into the required fifteen foot greenstrip at 6849 Brooklyn Boulevard. He further stated this application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion or the application. He explained the Planning Commission recommended approval of Application No. 93004. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Application No. 93004 submitted by Randy Rau, based on a precedent established in granting the variance for Phillips 66 under Planning Commission Application No. 92003, and the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. The City Manager introduced Planning Commission Application No. 93005, submitted by Cracker Barrel Old Country Store, requesting site and building plan approval to allow the construction of a restaurant and gift shop at 1501 James Circle North. He stated this application was recommended for approval by the planning Commission at its July 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion of the application. He explained the Planning Commission recommended approval of Application No. 93005 subject to 11 conditions which he reviewed for the Council. He explained the eleventh condition requires modification to the landscape plan indicating the location of the seven Sugar Maple trees as well as a modification to the trash enclosure to indicate a wood opaque gate rather than a chain link gate with metal slats. In response to Councilmember Scott's questions, Bill Snodgrass, representing Cracker Barrel Old Country Store, stated they will have hard surface aggregate line walkways which weer handicap and Al7A codes, 7/26/93 - 7, Mayor Paulson questioned the need for excess parking and suggested the ap plicant consider P g � PP der including an outdoor dining patio area. He stated additional landscaping would also need to be considered to screen the dining patio area from the parking. He further stated his support of creating a unique use that offers more than the "corporate cookie cutter" design. The Planning and Zoning Specialist stated staff did not pursue this aspect but there is sufficient parking area to allow some flexibility. Mr. Snodgrass stated the porch and chairs are strictly decorative. He further stated they have never included outdoor dining in their restaurants but this does not mean it is not possible. He explained the proposed parking area is based on the need experienced at other locations He further explained they will have approximately 100 to 120 employees which can fill the parking lot during shift changes. The Planning and Zoning Specialist suggested the applicant review the possibility for providing outdoor dining and if it appears they want to pursue it, a plan amendment could be considered. He stated parking needs would be included for the outdoor patio if it is a permanent use. Mr. Snodgrass stated they take great pride in their buildings and usually exceed local requirements for landscaping, etc. Mayor Paulson commented on the color of tha Earle Brown Heritage Center. Mr, Snodgrass stated their buildings are usually brownish in color so they blend in. Mayor Paulson suggested the applicant work with staff to research options for outdoor dining which he asserted would also attract business from pedestrians. Councilmember Scott sup porte d m i i pparte mo ving forward w the applicat and allowing the applicant to decide whether they want to consider an amendment for a patio. She related her positive experience with other Cracker Barrel Old Country Stores and stated outdoor dining is usually not used because it is too hot, cold, wet, windy, or too many mosquitoes. She stated her support for the bus parking area, extra landscaping, and low -glare lighting which adequately lights the parking lot without spilling into the neighborhood. Councilmember Kalligher concurred with allowing the applicant an opportunity to decide whether they want to provide outdoor dining and welcomed them into the community. Mayor Paulson requested the applicant check with his headquarters regarding this option and work with City staff on the details. With regard to the building schedule, Mr. Snodgrass estimated it would be open in mid - January or February. He briefly reviewed their history and type of 'old country cooking" offered, Councilmember Mann commented this will be a fine addition to the community. 7/26/93 - 8 - There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Application No. 93005 submitted by Cracker Barrel Old County Store, subject to th fol lowing c o lowtng candrttons; 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to thee issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting and financial guarantee (in an amount to be determined by the city Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building s to be e quip p ed with an automatic fire exting g � sy stem to meet g NFPA standards and shall be connected to a central monitoring device in auc ordancc with Chapter 5 of the City ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. flan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. A minimum of B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, uarantee. rior to the release of the p erformance p P S 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The plans shall be modified prior to the issuance of building permits to include the following a) Modification to the landscape plan indicating the location of 7 Sugar Maple. b) Modification to the trash enclosure detail to indicate a wood opaque gate as opposed to a chain link gate with metal slats for screening purposes. The motion . assed unanimously. Y 7/26/93 -9 - PLANNING C(7MMISSION APPLICATION NO 93006 The City Manager introduced Planning Commission Application No. 93006, submitted by Hills Gilbertson Architects, Inc,, requesting a special use permit and site and building plan approval to allow an approximate 3,000 square foot expansion to the Salvation Army building at 2340 Freeway Boulevard, He stated this application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. The planning and Zoning Specialist used overhead slides to indicate the area and reviewed the Planning Commission's discussion of the application. He explained the Planning Commission recommended approval of Application No. 93006 subject to 11 conditions which he reviewed for the Council, In response to Councilmember Scott's question, the Planning and Zoning Specialist pointed out the turn around area and shipping/receiving dock which is only used for deliveries of Office supplies. He clarified this is not a distribution site and used only for their administrative office. With regard to parking, the Planning and Zoning Specialist reported the Salvation Army has operated under a Proof -of- Parking Agreement for over ten years. He explained if it is determined that there is a need for additional parking, the City will give the Salvation Army notico and allow one year for them to expand their parking to sufficiently cover their needs. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve Application No. 93UU6 submitted by Hills Gilbertson Architects, Inc., subjmt to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any on -site trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. S. The building addition is to be equipped with an automatic fire extinguishing system to meet with NFPA standards and shall be connected to a central moniwriiig device in accordance with Chapter 34 of the City Ordinances. 7126/93 6. The underground irrigation system shall be extended to new landscaped areas to facilitate site maintenance, 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances, 8. B612 curb and gutter shall be provided around all new parking and driving areas. 9. The applicant shall enter into a revised Proof -of- Parking agreement acknowledging that they will install up to 90 parking spaces on the site upon determination by the City that any or all of these parking stalls are required. 10. The Special Use Permit granted. to the Salvation Army in 1983 for an office use in the 1 -I Zoning District is amended to acknowledge the expansion of this office area. Any modifications to the use of this property that is inconsistent with the granting of this amended special use is prohibited, 11. The 6" spruce tree to be removed due to the addition shall be relocated and the proposed landscaping surrounding the addition shall be re- arranged taking into consideration the entire site and existing building. The motion passed unanimously with Mayor Paulson abstaining, Mayor Paulson explained he abstained from voting because his father works as a computer consultant for the Salvation Army, ORDINANCI✓ The City Manager introduced an Ordinance Amending Chapter 27 of the City Ordinances Regarding On- Strcct Soliciting and Vending by Catering Food Vehicles. He stated this ordinance amendment is offered for a first reading tonight. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve first reading of An Ordinance Amending Chapter 27 of the City Ordinances Regarding On- Strect Soliciting and Vending by Catering Food Vehicles. The motion passed unanimously, DISCUSSION ITEMS PROPOSED AMENDMENT TQ SIGN ORDINANCE CHAPTER 34-140 ALLOWING FREE. TANDINO SIGNS FOR APARTMENT CQMPLEXE$ WITH 36 UNITS OR RE The City Manager requested Council consideration of an amendment to the City's Sign ordinance regarding square footage of freestanding signs for apartment complexes based on the number of units rather than the number of buildings. He reviewed signage restrictions for Northlyn Apartments compared to Hi -Crest apartments. 7/26/93 The Director of Community Development reviewed proposed ordinance language and renderings of the proposed g p posed apartment sign, 0 Mayor Paulson complimented the Four Court's sign stating it is professionally designed with landscaping. He suggested apartments be encouraged to provide similar signage. He expressed concern with the Council's recent action to loosen restriction on leasing signs. Councilmember Scott agreed permanent signs are more attractive than temporary ones. Councilmember Kalligher suggested the Planning Commission consider more specifications on aesthetics relating to permanent signs. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to refer the proposed amendment to Sign Ordinance Chapter 34 -140 allowing freestanding signs for apartment complexes with 36 units or more to the Planning Commission for its review and recommendation and to direct staff to review with the Brooklyn Boulevard task force possible ordinance amendments relating to signs. The motion passed unanimously. PROPOSED AMENDMENT T THE AMUSEMENT ENT DEVICE I.. OPOS O NiUS 1C ENSING REQUIREMENTS The City Manager explained staff was directed, at the May 24, 1993, Council meeting, to develop a proposed Ordinance amendment which regulates amusement devices in commercial areas. He further explained the amendment would allow up to four amusement devices in a laundromat. He added these devices could be used only by laundromat patrons or their children and would operate only on tokens obtained from an on -duty attendant. Councilmember Kalligher stated based on the City's past experience in dealing with children hanging out by amusement devices, she could not support the proposed amc;riduicnt at this time, She explained this area is going well at this stage and she wants to stay on that course. Councilmember Scott stated she did not see where adding amusement devices would increase the business of a laundromat and felt they would result in causing more problems than they would provide entertainment. She fttrther stated amusement devices will place a lot of pressure on the laundromat attendant from youngsters who purchase something from the vending machines so they can use the amusement devices. Councilmember Mann agreed and added the Duds'n Suds laundromat is new to Brooklyn Center, She suggested the Council see how this establishment operates before considering an Ordinance amendment. Mayor Paulson commented he had hoped the proposal would contain something regarding community contribution, especially since the police substation is located so clusc to this site and needs volunteers. 7/26/93 - 12- Mr. Phillip Krass, representing Duds'n Suds Laundromat, stated they have indicated all along that they want to be part of the community. He reviewed organizations they contribute to. With regard to use of amusement devices, he stated their entire chain operates with this type Of concept. He further stated the audio volume of the devices is turned down. He explained it is their intent the customers of the laundromat, not children from the neighborhood, make use of the snack bar and amusement devices. He further explained the laundromat is fully attended to assure the patrons' needs are met. He added Duds'n Suds invested over $100,000 in equipment alone. Mr. Krass supported the City Attorney's suggested amendment and stated Duds'n Suds would agree the amusement device license would not be automatically renewed cvrry yCar, and the Council would have no obligation to renew-it. He stated they are concerned about their image and asked the Council to reconsider the proposed amendment and allow a trial period. Councilmember Scott expressed doubt the attendant would be able to handle young teenagers who come into the laundromat to use the amusement devices. Mr. Krass responded managers from the home office check with their laundromats to make sure their policies are followed. He added their laundromats do not have as many amusement devices as arcades so they do not attract the same number of youth. Councilmember Scott agreed they have a nice facility and comments from patrons indicate they "love it ". She expressed concern the amusement devices will be a magnet for teenagers. Councilmember Kalligher agreed and added approving a trial period could result in a "very long year ". She indicated a willingness to look at the issue again in one year when the Council knows more about how the Duds'n Suds laundry operates. Councilmember Scott explained the Council is sensitive because this entire shopping center had deteriorated, resulting in three to four police calls per night. She further explained thc; Cite has made a special effort to resolve these problems and are not anxious to open the area to amusement devices again. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to deny first reading of the proposed amendment to the amusement device licensing requirements and to review this issue again in nine months to one year. The motion passed unanimously. SET COUNCIL WORK SESSION FOR AUGUST 2 1993 TQ DISCUSS STAFF REPORT REGARDING PARK AND R SITES AND BROOKLYN BOULEVARD TASK FORCE The City Manager recommended the C MICil establish a work session on August 2, 1993, to discuss park and ride sites and the Brooklyn Boulevard Task Force. 7/26/93 - 13 - There was a motion b Couneilmember Scott and seconded d b Council m � _ eml er Mann Y n to schedule a Council work session for August 2, 1993, at 7 p.m. The motion ass d unanimously. p c 1994 STREET IMPROVEMENT PRO GRAM The Public Works Director stated despite extensive efforts by the Council and staff, the 1992 -93 street improvement program in the southeasterly portion of the City failed to receive substantial support from residents within the project area. He explained this occurred because few residents in that area recognized street improvements create a stimulus to overall neighborhood revitalization. He added it was hoped the Earle Brown Neighborhood Advisory Committee would facilitate discussion and communication between the City and residents, however, this did not happen and by the time, of the public informational meetings and hearings, many residents were opposed to the proposed improvements based on hearsay information and the feeling they had been left out of the process. The Public Works Director stated there is a strong need to initiate a comprehensive improvement program to maintain, upgrade, or reconstruct all streets within the City. He used overhead slides to provide a detailed report of the proposed 1994 street improvement program and suggested the following procedure be followed: .Building Block l: Selection of Candidates for Improvement Building Block 2: Preliminary Studies of Costs, Benoflts and Financing Building Block 3; Preliminary Meetings with Property Owners Building Block 4: Field Surveys, Studies and Feasibility Reports 0 Building Block 5: Worksessions with Citizens Building Block b: Completion of Feasibility Report and Development Plans and Specifications Building Block 7: Conduct Informational Meetings Building Block 8: Individual Petitions Building Block 9: Official Public nearing Building Block 10: Construction Summary and Schedule The Public Works Director pointed out use of the suggested "building blocks" or steps results in five opportunities for residents to provide input on the proposed project. The Public Works Director then reviewed the proposed time schedule for each of these steps. He suggested the Council consider the following six projects: Project No. 1: James and Knox Avenues between 53rd and 55th Avenues North and 54th Avenue North from 1/2 block west of Knox Avenue to 1 /2 block east of James Avenue Project No. 2: 57th Avenue between Logan Avenue and Cduiilen Avenuc Project No, 3: Humboldt Avenue Between 49th and 73rd Avenues North 7/26/93 - 14 - 0 Project No. 4; 73rd Avenue North from Humboldt to Camden Avenues Project No. 5: Willow Lune from cul -de -sac north of 66th Avenue to dead end south of 65th Avenue Project No. 6: Reconstruction of some or all of the following; streets in thv northwesterly portion of the City: ► Perry Avenue/71st Avenue from 69th Avenue to Brooklyn Blvd. w Quail Avenue from 69th to 71st Avenue North Regent Avenue from 69th to 71st Avenue North Scott Avenue from 69th to 70th Avenue North Toledo Avenue from 69th to 70th Avenue North 70th Avenue from Toledo to Quail Avenue North 70th Avenue from Quail to Perry Avenue North 71st Avenue from Regent to Quail Avenue North The Public Works Director reviewed the needs of each project, stating of the streets proposed in 1993 those included in Project 1 received the greatest cxpression of support. With regard to Project 2, the Public Works Director explained a number of citizen requests have been received, primarily relating to the need for improved drainage at intersections. He further explained correction of the drainage problems will require extensive and costly changes to the storm sewer system and is currently being researched in the water Management Plan, He pointed out the section of 57th Avenue between Logan and Humboldt is a County State Aid Highway, and it may be difficult to obtain Hennepin County approval of the plans and participation of project costs by 1994. He added the section of 57th Avcnue from Humboldt to Camden is a Minnesota State Aid (MSA) street and use of those funds require it be constructed to comply with MSA standards. He explained owners of corner properties can chose to be assessed on one side or the other so he expects special assessments will be levied on only a few properties. He pointed out construction of a bicycle/pedestrian trail on the NSP easement will also need to be addressed. The Public Works Director stated the City received a petition signed by a majority of the property owncrs in Project 3 requesting an improvement; however, once more detailed information became available, many who signed the original petition changed their minds and opposed the project. He pointed out MSA standards have since been amended to allow Humboldt to be constructed as a two -lane or three -lane street so residents may be more willing to consider the project again. The Public Works Director noted Project 4 involves the street which divides Brooklyn Center and Brooklyn Parr. He reviewed past issues regarding the placement and installation of a sidewalk on this section of 73rd Avenue and suggested Brooklyn Park be approached to participate in the total reconstruction of the roadway with a two -lane offset from the centerline of the right -of -way to allow more room for construction of a sidewalk or trailway. He added if the Council is interested in pursuing this project, staff will work with Brooklyn Park to schedule joint meetings, 7126/93 - 15 - The Public Works Director explained construction of Project 5 would include the "missing link" in the trailway system between West River Road, the 1.694 bridge and River Ridge Park. He added it could also address the possible realignment of the Willow Lane/66th Avenue intersection to reduce conflicts between the C-2 uses south of 66th Avenue and single - family homes on Willow Lane, With regard to streets designated in Project 6, the Public Works Director explained they are in fair to poor condition and have required frequent, high -cost repairs. He stated another need is improvement of the storm drainage system which is currently very skeletal, using surface -drain along and across streets for several blocks before entering a storm sewer. He added special steps will be needed to assure the Water Management Plan for this area is completed as soon as possible to assure storm water system improvements can be integrated with consideration of the street improvement. Councilmember Scott questioned the type of storm water system in the northwest quadrant of Project 6. She stated there are currently drainage problems in the spring and icy road conditions during the winter, The Public Works Director explained the system and stated these needs would be addressed by the reconstruction project. Councilmember Kalligher questioned the public notice procedure with the proposed "building block" process. The Director of Public Works responded notices will be sent out for every meeting. He again reviewed the communication shortcomings experienced when using the Neighborhood Advisory Committee and suggested this time the information be sent directly to the property owner. Councilmember Kalligher suggested work on Willow Lane be delayed until the apartment is removed. The City Manager explained it is scheduled for removal this summer or early fall and would not affect the project. R'R- E,_ LESS Mayor Paulson declared a recess at 8:58 p.m, to allow the cablecasting personnel to change tapes. Mayor Paulson reconvened the meeting at 9:12 p.m. 1994 STREET IMPROVEMENT PROTECT .(CONTINUEDI Counclbmcmber Scott indicated support of Project 1 due to concern with infrastructure failure. She expressed concern regarding the ability of Hennepin County to make a commitment to participate with Project 2 by 1994 and suggested it be delayed. She asserted the proposed timeline is too short for a project that will be extremely costly and time consuming and suggested it be included in the 1995 schedule. She expressed support for Projects 3, 4, 5, and 6. Councilmember Kalligher questioned using an independent appraiser. The Public Works Director stated he is comfortable with appraisals conducted previously with the southcust area and with using the same appraiser used in the past. He stated he would send out additional requests for proposals to other appraisers if the Council so directs. 7026193 - 16- Mayor Paulson suggested all six projects be taken into the process to receive input from Hennepin C o unty and affected residents. He added Council could then decide, based on that input, which projects should proceed further, The Public Works Director agreed and added the Council may want staff to approach Hennepin County at this time regarding Project 2 so it can be included with their 1 995 project if unable to do so in 1994, Councilmember Kalligher agreed and supported including Project 2. Mayor Paulson supported a detailed review of the City's assessment policy and determining options to assess the "bare minimum ". The Dimcot of Public Works commented on the importance of maintaining a contingency factor to assure compliance with State Statute requirements for bcnefitting property. He added the City must collect 20% of a project through special assessments. He stated he would prepare a recommendation regarding these issues for Council's review. Councilmember Scott stated it is important to provide residents with written, detailed, easily understood information explaining the assessment procedure to avoid misunderstandings and misinformation. She suggested staff prepare a handout residents can take with them. The Public Works Director agreed. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to direct staff to proceed with projects 1, 2, 3, 4, 5, and 6 as presented, to obtain proposals for appraisals excludin Project 1 d appraisals ( excluding � ), an to make recommendations to Council on sp ecial assessment options. The motion passed unanimously. 1994 HENNEPIN RECYCLING GROUP (HR Q) BUDGET The City Manager reported the Hennepin Recycling Group (HRG) Board approved its 1994 budget at their ,tune meeting as required in the joint powers agreement. He stated the HRG has been able to avoid an increase in RS fees despite a 63% increase in curbside collection costs over the past four years but are now recommending an increase to $1.25 per month, He pointed out the program will add mixed paper beginning January 1, 1994, which is expected to result in a 15o per household per month increase in costs He recommended the Council review the report and place it on a future agenda for discussion. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to accept the 1994 Hennepin Recycling Ciroup budget, the motion passed unanimously. RESOLUTIONS..- (CONTIN!;EQ The City Manager introduced Resolution Accepting Work Performed and Approving Finul Payment for Contract 1993 -B (1993 Sealcoating, Improvement Project No. 1993 - 06). 7/26/93 _ 17 Councilmember Kalligher explained she requested this item be removed from the Consent Agenda so she could question the overrun. She stated she did not realize the contract allowed for increases, . re aces decreases or change orders. g The Public Works Director explained it is standard procedure in Brooklyn enter Yn and other governmental agencies tq award contracts for construction of roadway projects on a unit price basis. He further explained the contract included estimated quantities, however, actual quantities required may vary somewhat. He stated in this case the final value of work exceeds the original contract of $131,176.28 by $228.41. Mayor Paulsen commented it appears to be a reasonable discrepancy considering the large amount of the contract. He suggested the public Works Director provide a report on the City's bidding policy for the Council's review. Councilmember Scott reported she received numerous comments from residents indicating they were satisfied with the work done and efficient, timely clean up of the project. Slit added the type of rock used for the sealcoating appeared to provide a better driving surface than used with previous projects, Councilmember Kalligher stated she wants to make sure the change order process is not abused. RE—SOLUTION NO 93 -121 Member Bart) Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCENTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -B (1993 SEALCONrING, IMPROVEMENT PROJECT NO. 1993 -06) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion a sse 1 s d unanimously. tmous . Y REVIEW OF CONSENT AGENDA Mayor Paulson reviewed items previously apptoved on the Consent Agcnda. ADJOURNMI✓NT There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :44 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth TimeSAver Off Site Secretarial 7/26/93 CITY OF BROOKLYN CENTER Council Meting Date 8I9/93 Agenda Item Number CU 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMI�IENDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) At its July 26, 1993, meeting, the City Council discussed the appointments to the Human Rights and Resources Commission. This item was tabled to the August 9, 1993, City Council meeting for lack of a unanimous vote by the City Council on the Mayor's recommendations. This evening, by majority vote, the City Council may approve the appointments recommended by the Mayor. RECOMMENDED CITY COUNCIL ACTION Appoint two persons to the Human Rights and Resources Commission, one person whose term shall expire December 31, 1993, and one person whose term shall expire December 31, 1994. CITY OF BROOKLYN CENTER Council Meeting Date 7/26193 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: Gerald G. Splinter, 'ty Manager ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) Notice of vacancy on the Human Rights and Resources Commission was announced in the Brooklyn Center Sun -Post on June 2, 1993, and in the Northwest News on June 7, 1993, and posted at City Hall and Community Center from May 25, 1993, to July 2, 1993 (see attached). The notice also aired on Cable Channel 37 from May 25, 1993, to July 2, 1993. As requested by Mayor Paulson at the May 24, 1993, City Council meeting, the people who previously had applied for the Human Rights and Resources Commission have also been notified of the vacancies on the commission (see attached letter dated May 25, 1993). All previous applicants requested their application be considered except Bonnie Lukes who requested not to be considered for the vacancy. On July 8, 1993, you received copies of the applications for appointment to the Human Rights and Resources Commission from the following persons: APPLICANT NEIGHBORHOOD Joel Hilstrom, 3509 66th Avenue North Central Richard Hilstrom, 6107 Perry Avenue North West Central Robert Kensinger, 2619 65th Avenue North Central Wayde Lerbs, 5107 East Twin Lake Boulevard Southwest Dean A. Nyquist, 5701 June Avenue North Southwest Trayce Ann Olsen, 3910 65th Avenue North, #4 West Central Sarah Robinson Pollock, 7018 Girard Avenue North Northeast Daniel Reiva, 1707 Amy Lane Northeast According to the resolution defining duties and responsibilities of the Commissions: "the Mayor shall present at a regular City Council meeting the nominee for Human Rights and Resources Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee." Also attached for your convenience is a map indicating geographical location of current members and applicants of the Human Rights and Resources Commission. Council should note that there will now be nine members of the Human Rights and Resources Commission each serving a three -year term. Currently the seven members have expiration terms as follows: two members in 1993; two members in 1994; and three members in 1995. In order to even out the terms so that three members are appointed annually, one appointee will need to be appointed with a term expiring December 31, 1993, and one appointee will need to be appointed with a term expiring December 31, 1994. RECOMMENDED CITY COUNCIL ACTION Appoint two persons to the Human Rights and Resources Commission, one person whose term shall expire December 31, 1993, and one person whose term shall expire December 31, 1994. Smoklyn Center Sun - Pest — Weed., June 1993— . 2. itA Luther; arr'uthers ' ' k A • .aft , on ill law By Lisa Legge "Openness was before some legislators encountered ' Long- distance Aelephone trouble with, personal use of records of ali,state offices, in- ' telephones for long distance eluding Gov. Arne Carlson's, calling," judges' -and the Legislature's, The bill raised some'. tort- are now public cerns about the loss of consti= -State Sena - William Luther, `tuent telephone call confiden -DFL- Brooklyn Park, and Rep tiality,,Luther said.. h ¢�, Phi1:,Carruthers, DF'IrBrook "That's a concern, but it has ' '1yn '_Center, crafted the o be wgighed againstthe,need A r\ °: Iegislation. _i. for openness in government," Both houses passed the pro he said "'We have to guard vision without dissent. =The against °abuse when the ' vote follows a press report ear public's money ` involved. ly in the session that the That has to be our overriding . Legislature's long- distance concern." service had been abused. Some The bill requires public of- legislators made personal ficials to sign their monthly n`1ast,week when he signed�tlus year's. Omnibus phone calls, and others outside telephone bills and report i01, including Rep Darlene Luther, third from left, the capital had used the ser- misuse of .telephone service to vice. State Rep. Allan Welle's the legislative ::auditor. All bill totaled more than $85,000. state offices, 'including con- Luther and Carruthers have stitutional officers, state agen- no involvement in the scandal, ` cies and local government of- which has taken on the name ficials and their employees will Guevara, in "dehumanize" a trial. ' honegate." Carruthers' be required to make public barred from. .Carruthers disagrees. distance bill was less than their long- distance records. bility of the . "This is - scientific evidence, for both years combined. "We need to catch up with the suspect's and we" shouldn't be afraid of "If the bill is being paid by common practices of corpora- semen found science if it can help us do a bet the government, it should be Lions and business," Car- a missing 5- ` ter job, he said.. public information,''_ Car -- ruthers said. ecused of kid-. I The - Omnibus Crime Bill ruthers said. "It's not just for The bill also requires the a was found would also level a tougher penal - the Legislature, but all local Legislature to put together a ty for the murder of police of- - officials." detailed budget open to public t in paternity ficers. Spurred by last year's - Although open phone records review, The budget will in- n't allow it" in fatal shooting of Minneapolis Of- • are a topic of public interest, elude travel and phone ex- thers said. ficer Jerry - Haaf, the bill would Luther's legislation includes pense reports, according to is important call for a -life sentence without more comprehensive reforms Luther's statement. to have ... not parole upon conviction. 'as well, according to a state- The bill has been forwarded us convict the "It was in response to the ment from the senator. . I to Carlson, who is expected to the innocent." . murder of Officer Haaf, Car- "It's unfortunate long- sign the legislation. The new is have been ruthers said. "I think all of us distance. telephone misuse had law will take effect immediate- DNA evidence just found a completely different to be the catalyst for this kind ly, starting the day after the a evidence is atmosphere in the metro area of legislation," Luther said. governor signs the bill.. t jurors may after that happened. People vidence and were scared." WEEKLY HIGHLIGHTS Members sought fort panel The' Brooklyn Center _ City ments will be made by the Council recently approved a, mayor and City Council. resolution to increase the size of The Human -Rights: and C r6 �• �� membership of the Human Resources Commission meets Rights and Resources Commis - the second Wednesday of each � n from seven to nine month. Its general purpose is to ghborhood Noravest banker rnbers. act in an advisory capacity to Anyone interested in the two the City Council on issues Choosing a new positions may get an ap- related to human relations and �+ plication at Brooklyn Center Ci- civil rights issues. It also recom- omi rig t� ty Hall, 6301 Shingle Creek mends the adoption of such Parkway, Brooklyn Center, or specific policies or actions as for you call Deputy City Clerk Sharon are needed to provide for equal Knutson at 5643300. ADDlication or)Dortunity in the community. U-1 Qf'Mrk nt,"nY)n1 June 7,1993 NORTHWEST NEws Brooklyn: Center Brooklyn Park N. W,31� Human Rights Senior Citizen C _ a FF� nd Resources Schedule AA RP Defensive Commissions June '1993 � . = - - Driving For has Vacancies Thursday, June 3rd & June 17th At its May 24,1993 meeting, the 10 a.m.. to 3 p.m. - . Seniors. Crafts & Cards - Zanewood Brookl . Center Community Brooklyn Center City Council _ap- Y1 proved a resolution to increase the' " 7200 Zane Ave. N.)-. Education will ,be sponsoring an Thursday, `June 10th, Noon p Defensive Driven for Seniors ;size 'of membership on the Human g Rights and Resources Commission Catered Dinner -CAC course ; from seven to nine members. Notice (Community Activity Center, - ,The - two session course will be is hereby given that two vacancies `5600 85th Ave. N.). held June21 and22. It will be held Saturday, June 12th, 8 a.m. from 9 a.m. to 1:00 m. both days exist on the Brooklyn Center Brook -. P• s Y lyn Center Human Rights and Re Community Tripsters To at Brooklyn Center School at Inventors Congress, Leave 65th and H mboldt. m s sources Comission. The-general Villa e North, 8 a.m. purpose of the Commission is to act g The registration fee is $8. It is in an advisory capacity to the City Monday, June 14th & Tuesday, necessary to preregister by calling Council on issues and recommend June 22nd, 1 p.m. to 3 p.m. 561 8460.: the adoption of such specific policies Bingo - Zanewood. Tuesday, June 15th & or actions as are needed to provide Wednesday June 16th — Tor equal opportunity in the comet_ u- e - , �"'�" M. nity. The Human Rights and R `} :3Q p.m. to 9 p.m. S%0 55 Alive - Zanewood. sources Commission meets on the Yo u� A # cond'Wednesday of -each month. Wednesday, June 16th, 9:30 a.m. erested persons can obtain an Van Outing, Murphy's Land - � _ plication at Brooklyn Center City ing, Leave Village North at Hall, 6301 Shingle Creek Parkway, 9:30 a.m. ; Thursday, June 17th, 7:00 p.m. Brooklyn Center, or call Deputy City �='�yj =�� Y'(� �j$ j Clerk Sharon Knutson at 569 -3300. pater Daze Parade Brooklyn Final appointment will be made by 'ark. the Mayor and City Council. Appli- Saturday June 19th, 6:00 a.m. MINIMIZE THE FEE... cation deadline is July 2, 1993. Lions Club Fishing Trip, , Leave Brooks Landing. Variable Commission Rates Saturday June 19th 2 - 4 -5% pater Daze Race - Brooklyn sell your home faster with more Brooklyn Center P ar k. return for YOU - the seller! R Get . Wednesday, June 23rd, E 12:30 p.m. . Full Multiple Listing Service q .. - ... - ..Movie,- "Sister Act" - _. a j?pOTtlllllty t0 " Zanewood. Call Lynn Clark T 11�� • �t7�f.. A Real lJstate Professional for 19 years 11 T "C w sl . For more information about 1 " 55 Alive ", call 424 -8017. For other • INDEPENDENT They d Like to See - information call Myrna Scott, B ROKERS . 561 -2072 ;►> in } _ 94 Bu dget .. 493 -8355. Q REac:rY RJR As the '94 budget process con- tinues, the Brooklyn Center City Council & staff are opening their Birian'S FDCIT Shop doors & pars to the community for ( Mon. - 12 PM • 522.6585 • Free Estimates I If you own a home simil their input & ideas on the 1994 Electronics • Microwaves • Computers budget. _ VCR's • Small Appliances • Lamps and are looking for 9� TheTownMeeti ng withcommu- ' ' to-t high cost o & council is scheduled for Mon - 4831 Lyndale Ave. (1 - 94 at 49th Ave.)_ J day, June 7 at 7:00 p.m. in city WE OFFER A SOLI Council Chambers: o ff 7D ------ . • .. , i a • YOUSAV CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 13 C ENTER EMERGENCY- POLICE - FIRE 911 NOTICE OF VACANCIES BROOKLYN CENTER HUMAN RIGHTS . AND RESOURCES COMMISSION Notice is hereby given that two vacancies exist on the Brooklyn Center Human Rights and Resources Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. The Human Rights and Resources Commission meets on the 2nd Wednesday of each month. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS JULY 2 1993. [Posted at Brooklyn Center City Hall and Community Center May 25, 1993] [Published in the Brookl yn Center Sun -Post June 2, 1993] [Published in the Northwest News June 7, 19931 '( CHANNEL #37 ANNOUNCEMENTS CITY OF BROOKLYN CENTER ! 5 -93 DATE: �j _ { DEPARTMENT: 4 fn n CONTACT PERSON:- DATE ANNOUNCEMENT ON DATE ANNOUNCEMENT OFF: - 93 GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR :_ Please list the announcement as you would like it to appear: 77 Ur'Y1c�n �i b1t5 �- eScUtceS C - 0 m ry\i 55�ory 15 See- r�n c e r 5 RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL R- CVISED 4/9_ CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 May 25, 1993 Dear Advisory Commission Applicants: At its May 24, 1993, meeting, the City Council adopted a resolution to increase the size of membership on the Human Rights and Resources Commission from seven to nine members. With the increase in membership size, there now exists two vacancies on the Human Rights and Resources Commission. Since you completed. an application for appointment to the Human Rights and Resources Commission just a short time ago, Mayor Paulson suggested you be notified of these vacancies to inquire if you continue to have an interest in serving on the commission. Please call me at 569- 3306 if you continue to have an interest in serving on the Human Rights and Resources Commission. The Mayor and City Council will be appointing commissioners at the July 12, 1993, City Council meeting. Thank you. Sincerely, Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER cc: Mayor and City Council Members �" NM ILLAMI IIU CR'I • � .•sue•. Al If Im CITY OF BROOKLYN CENTER C=wfl Mecft Due 9z ,tea. iwm xwob« _ REQUEST FOR COUNCIL CONSIDERATION 40 ITEM DESCRIPTION: Planning Commission No. 93009- Wendy's International Inc. DEPT. OVAL: ') RONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Planning Commission Application No. 93009 submitted by Wendy's International Inc. is a request for site and building plan approval and a special use permit to construct an approximate 3,100 s. f., 82 seat, Wendy's Restaurant on the site of the old Midwest Federal Savings and Loan at 5545 Xerxes Avenue North. This application was considered by the Planning Commission at it's July 29, 1993 study meeting. Attached for the Council's review are minutes and information sheets from that meeting, an area map showing the location of the subject site, a survey of the existing conditions and various site plans and building elevations for the proposed restaurant. A public hearing was held by the Planning Commission for the special use permit. Notices of the City Council's consideration of this matter have also been sent out. Recommendation The Planning Commission recommended approval of this application subject to the conditions and considerations listed on pages 3 and 4 of the July 29, 1993 Planning Commission minutes. i PLANNING COMMISSION INFORMATION SHEET Application No: 93009 Applicant: Wendy's International, Inc. Location: 5545 Xerxes Avenue North Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and a special use permit to construct an approximate 3,100 s. f. , 82 seat, Wendy's Restaurant on the site of the old Midwest Federal Savings and Loan at 5545 Xerxes Avenue North. The property in question is zoned C -2 and the proposed convenience food restaurant, with drive -up windows, is a special use in that zoning district. The subject site is located at the southwest corner of Xerxes and 56th Avenue North and it is bounded on the north by 56th Avenue; on the east by Xerxes Avenue; on the south by a vacant parking lot that once served as an employee /overflow parking lot for the Green Mill Restaurant; and on the west by a private (non - public) access road serving the businesses located between Brooklyn Boulevard /Xerxes and 55th /56th Avenues. Investors Savings and the Clothing Distribution Center are located westerly of this access road, adjacent to the subject site. The proposal calls for the demolition of the existing Midwest Federal Building to be replaced by a new Wendy's Restaurant. ACCESS /PARKING The plan calls for one access to this site from the private access road and one access from Xerxes Avenue. The northerly access from the private road which served the Midwest Federal site would be closed, while the southerly access which served that site would be shifted somewhat to the north to align with the drive lane along the south side of the new building. The access to the site from Xerxes would be in the same location but would be expanded to the north to 30' in width with a concrete island delineater to separate entering and exiting traffic and to also direct traffic into a counter clockwise flow around the site. A menu board and order station are located at the northwest corner of the building with a 10' wide drive lane leading to two pick -up windows located along the south side of the building. Stacking for this drive -up lane meets the six spaces we use as a benchmark for evaluating stacking capability. A 20' wide by- pass lane is shown to the west and south of the drive -up lane. Angled parking is situated on the south side of the site. This 20' wide drive lane is wide enough only to accommodate one - way traffic on this portion of the site. Appropriate directional signery indicating the counter- clockwise and one -way traffic pattern should be provided at various locations on the site. Ninety degree parking and a 24' wide drive lane are provided on the north side of the building. Parking on the site includes 45 parking spaces with 2 spaces being handicapped, located adjacent to the main entrance to the building. The 45 spaces are adequate to accommodate the 82 seats and 8 employees on the average maximum shift. (Note: This approximate 3,100 s. f. building would require only 17 parking spaces if it were a retail use). Planning Commission Information Sheet Application No: 93009 Page 2 GRADING /DRAINAGE /UTILITIES Curb and gutter is to be provided around all driving and parking areas. Drainage is generally from west to east on the site where water would be collected by two catch basins, one at the northeast corner and the other at the southeast corner of the site, and then conveyed via storm sewer to the existing City storm sewer system. The applicant proposes 3' high berms along the north and east greenstrips to help provide some screening and buffering of the parking areas from the public streets. The Planning Commission's attention is directed to the City Engineer's memo relating to his analysis of the grading, drainage and utility plans thusfar submitted. No review and approval by the Watershed Commission is required with this submission. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This site is less than one acre and requires a minimum of 80 landscape points. The applicant's proposal is well in excess of 250 points with a diversity of plantings around the perimeter greenstrips and around the building as well. Amur Maple and Kelsey crabapple trees are intermixed with Goldmound Spirea on the berm and greenstrip along the north side of the site. Three Amur Maple are located in the greenstrip along Xerxes Avenue north of the proposed entrance and three Austrian Pine are located south of the entrance. Jackmans Potentilla, Daphne Spirea and Seafoam are shrubs located along the Xerxes Avenue greenstrip. The south property line does not include new shrubs, however it is my understanding that the applicant hopes to. maintain the existing shrubs in this location. Five Austrian Pine are located around the trash enclosure at the southwest corner of the site and three Redsplendor Crabapple are separated by a row of ,Alpine Current along the service drive greenstrip. Around the building the applicants propose to provide six Skyline Honeylocust trees. Foundation shrubs include Little Princess Spirea, Proebels Spirea, Seafoam, Golden Scepter Hosta, Blue Mammoth Hosta, Buffalo Juniper, Daphne Spirea and Albo - Marginata Hosta. BUILDING The building exterior is made up primarily of a brown brick veneer with split -faced concrete block strips and accent. Red and silver wall tile are provided around the drive -up windows and copper finish metal panels are located above the windows in the seating area. LIGHTING /TRASH A 15' x 20' brick and block trash enclosure to match the building exterior will be located at the southwest corner of the site. Rough sawn cedar will be used to provide opaque screening for the gates. 400 watt metal halide light fixtures are shown atop 20' high poles. The location of Planning Commission Information Sheet Application No: 93009 Page 3 the lights, however, are not indicated on the plan. Our main concern is that the lights be directed downward and not cause glare off the site. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for the special use permit and notices have been sent. Attached for the Commission's review is a copy of Section 35 -220 containing the five standards for special use permits. We do not find any conflicts with the standards for special use permits given the site plan submitted by the applicant. RECOMMENDATION Altogether the plans and special use permit appear to be in order. Approval is, therefore, recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet MFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. Planning Commission Information Sheet Application No: 93009 Page 4 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspections of utility and storm drainage systems, prior to the issuance of permits. 11. The applicant shall provide a lighting plan indicating the location of site lighting which is consistent with Section 35 -712 of the City ordinances prior to the issuance of permits. 12. The special use permit is granted to the applicant for a convenience food restaurant with drive -up windows as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 13. The special use permit is subject to all applicable codes, ordinances and regulations, any violation therof could be grounds for revocation. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTEK IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JULY 29, 1993 CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Ella Sander at 7,36 p.m. Chairperson Ella Sander, Commissioners Bertil Johnson, Mark Holmes, Robert Mickelson, Dianne Reem, Debra Hilstrom and Tim 'Willson. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Kathy Stratton. APPROVAL OF MINUTES - JULY 15 1993 Motion by Commissioncr Johnson and seconded by Commissioner Hilstrom to approve the v r , Voting m to Planning Commission meeting as submitted. o minutes of the July 15, 1993, g g S Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Reem and Willson. Voting against: none, Commissioner Mickelson abstained from voting due to his absence at the July 15, 1993, meeting. The motion passcd. CHAI.RPERSQN'S EXPLANATION_ Chairperson Sander explained that the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. / 93009 ENDY'S INTERNATIONAL, INC. Chairperson Sander introduced the first item of business, a request from Wendy's International, Inc. for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive -up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93009, attached). The Secretary indicated the parapet wall on the roof will be raised several feet to provide adequate screening for rooftop mechanical equipment. He added the exterior walls surrounding the cooler will be brick to match the building. _ 7_ 2993 1 Chairperson Sander asked whether flowers are included in the landscaping point system, as She was concerned they would only last a few months out of the year. The Secretary responded the flowers are not included and he then reviewed how the point system was calculated based on the size and type of trees and shrubs. Commissioner Holmes asked whether the site plans automatically comply with handicap Codes or if this should be checked out on this particular site plan. The Secretary pointed out Condition 1 requires compliance with applicable codes prior to issuance of permits and stated this will be reviewed by the Building Official. He added the City is not required to enforce ADA requirements but many architects and builders now include handicap requirements in their plans. In response to Commissioner Mickelson's questions, the Secretary pointed out the location of the cooler stating the majority of deliveries would be made prior to opening of thr, restaurant to avoid traffic congestion. He added the site plan includes two handicap parking spaces, although only one handicap space is required per 50 regular spaces per the handicap provisions of the State Building Code. Jurig Ozga, representing Wendy's International, Inc. addressed the Commission and reviewed colored artist's renditions of previously built Wendy's restaurants. He stated the hours of operation are 10:30 a.m. to 11 p,m, and no breakfast is served. Commissioner Hilstrom asked which parking spaces would be used by cars waiting for their food from the drive - through window. Jurig Uzga pointed out which spaces would be uscd, and explained the first drive - through window would be used for cashiering purposes, and the second for order pick - up. Commissioner Willson questioned the time line for completion. Mr. Ozga responded they would like to start construction by the end of August and be fully operational within 75 days. PUBLIC HEARING(APPLICAJION NO� 39 0,09) Chairperson Sanders opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive -up windows on the site of the old Midwest Federal Savings and Lean, 5545 Xerxes Avenue North at 8:11 p.m. She inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and she entertained a motion tu elom tho public houring, CLOSE PUBLIC HEARING There was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to close the public hearing at 8:11 p.m. The motion passed unanimously. In response to Commissioner Reem's question, the Secretary responded the general contractor is required to submit an as -built survey to the City Engineer before; the City will 00 release the performance agreement. 7 -29 -93 2 The Commission discussed the need for proper grease disposal. The Secretary indicated this will be addressed by the city engineer when the building permit is issued. Mr. Ozga stated Wendy's would be willing to comply with the City's requirements, whatever they may be. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93009 (WEND�'S IN ERNATIGNAL, INC. There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to recommend approval of Application No. 93009 submitted by Wendy's International, Inc. for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive -up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuaacc of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device; in accordance with Chapter 5 of the City ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service tines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspections of utility and storm drainage systems, prior to the issuance of permits. 7 -29 -93 3 11. The applicant shall provide a lighting plan indicating the location of site lighting which is consistent with St'alun 35 -712 of the City ordinances prior to the issuance of permits. 12. The special use permit is granted to the applicant for a convenience food restaurant with drive -up windows as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 13. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. Voting in favor; Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Mickelson, Reem and Willson. Voting against: none, The motion passed. DISCUSSION ITEMS The Sccretary reviewed a draft ordinance amending chapter 34 (Sign Ordinance) regarding signs in multiple family zoning districts which would eliminate reference to "three or more buildings ". The Secretary explained this amendment is a result of discussions with the new owners of the Northlyn Apartments which contain only two buildings, but 102 units wid, therefore, not entitled to a free - standing sign. He further explained HiCrest Apartments, four buildings with only 54 units, is entitled to a free- standing sign. He stated the Council had discussed the fairness of this ordinance and referred it to the Planning Commission for their review and recommendation. He added the Council has also directed staff and the Planning Commission to consider aesthetic criteria for signs, especially in conjunction with the Brooklyn Boulevard Study, The Secretary discussed at length sign criteria that could be considered such as material used for wall base, freight, lighting, size of sign in conjunction with the building, use of Peon, impact on surrounding area, etc. Commissioner Hilstrom asked why the original ordinance contained a limit of three buildings in the first place. The Secretary responded he did not know, but perhaps the city used a model ordinance as a basis for their own that contained this type of provision. Commissioner 'Willson expressed support for requiring sign material similar to that of the building and wondered if a planter type base could be included. The Secretary reviewed various signs and their locations, as well as types of lighting options. Commissioner Johnson questioned the number of signs allowed in the case of multiple entrances since the ordinance only allows two. The Secretary gave several examples of apartment locations with multiple entrances that still only had two signs. 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APPR VAL: �,�/ �l Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONVIlVIENDATION: No comments to supplement this report Comments below /attac ed SUNEVIARY EXPLANATION: (supplemental sheets attached ) CHAPTER 8 In December 1992, the City of Brooklyn Center, the County of Hennepin, and the State of Minnesota entered into an agreement whereby Hennepin County assumed responsibility for food and beverage establishments located in Brooklyn Center. Since Hennepin County has taken over licensing these establishments, the City no longer requires licensing food establishments, food vehicles, or food vending machines. Chapter 8 of the City ordinances establishes license requirements for food establishments, food vehicles, and food vending machines. Since the City no longer licenses these establishments, it is necessary to repeal Chapter 8 of the City ordinances. City Attorney Charlie LeFevere has prepared proper wording for the repeal of Chapter 8. An ordinance can be repealed only by passing another ordinance which states, in its body, the title, number, subject, and date of the ordinance being repealed, and which then explicitly states that it is repealing the ordinance. I have also included a copy of Chapter 8 as it currently reads. CHAPTER 18 With the elimination of the health department and the addition of the community development department (previously planning and inspections department), there are some necessary housekeeping changes for Chapter 18 of the City ordinances. First of all, the director of planning & inspections has been changed to the director of community development. Secondly, the section regarding health department employees has been deleted. RECOMMENDED CITY COUNCIL ACTION Consider ordinance amendments and pass for a first reading, and set a future council meeting date for a public hearing. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1993, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance repealing Chapter 8, in its entirety, of the City Ordinances regarding food sanitation code. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 8, IN ITS ENTIRETY, OF THE CITY ORDINANCES REGARDING FOOD SANITATION CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 8, in its entirety, of the City Ordinances of the City of Brooklyn Center is hereby repealed. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CHAPTER 8 - FOOD SANITATION CODE Section 1. Hennepin County Ordinance No. 3, Food Protection Ordinance for Hennepin County, is hereby adopted by reference and shall be a part of this ordinance as if set out in full, except Section II, scope; Section IV, license and administration; Section V, administration and inspection, Subdivision 1; and Section VI, food sources and supplies, subdivision 1 thereof. All references in Ordinance No. 3 to "county," "county board," or "health authority" shall be read to refer to the City of Brooklyn Center, its city council, and its sanitarian, health department, or other designated agent. Section 2. For the purpose of this ordinance, the following terms shall have the meanings given to them. Subd. 1. "Social or service agency shall mean any organization not organized for profit and not part of the net earnings of which inures to the benefit of an private shareholder or individual. Y P 1. Subd. 2. "Quality Assurance Plan" shall mean a written plan for the prevention of food borne illness which includes a self - inspection program. This plan shall meet the criteria of the University of Minnesota Extension Service Special Report #61, which is hereby incorporated and made a part of this ordinance as if set out in full. Section 3. Licenses. Subd. 1. Licenses Required. No person shall operate a food establishment or engage in the business of operating any of the following types of enterprises within the corporate limits of this municipality unless a license for the current year of the applicable type described herein and listed below shall have obtained therefor pursuant to this ordinance from the clerk: Bakery food vehicle Catering food vehicle Food establishment Itinerant food establishment Readily - perishable food vehicle Vending machine vendor Special food handling. Subd. 2. Exemption from Second License Where the business consists only of a bakery food vehicle, catering food vehicle, itinerant food establishment, readily - perishable food vehicle, or vending machine, a food establishment license shall not be required in addition. Subd. 3. Readily- perishable Food Vehicle Fleet License When more than five readily - perishable food vehicles are operated by the same person in the same business in the City, he may obtain a fleet license therefor in lieu of a separate license for each vehicle. If such fleet license is suspended or revoked, such suspension or revocation shall affect every vehicle licensed thereunder. 8 -4 Subd. 4. Special Food Handling License When the only food sold or offered for sale in a food establishment is wrapped or packaged candy, or bottled or canned soft drinks, a food establishment license shall not be required; however, a special food handling license shall be required. Subd. 5. Display of License Such license shall be conspicuously displayed at all times in all licensed food establishments. All food vehicles shall be identified with a decal, license plate or other means supplied by the clerk displayed in a conspicuous place thereon designated by the clerk. Section 4. Fee Exemptions License Required Food service in or operated by governmental subdivisions, charitable institutions, houses of worship, child- care homes, schools, charitable and nonprofit hospitals, itinerant food establishments operated by a social or service agency and employee coffee rooms shall be required to apply for and obtain a license and shall be subject to all requirements of this ordinance, but shall not be charged a fee for such license. Section 5. License Fee. Fees for licenses issued hereunder shall be in the amount set forth by the council from time to time for bakery food vehicles, catering food vehicles, food establishments, itinerant food establishments, readily - perishable food vehicles, vending machines (excludes bottled and soft drink vending machines), and special food handling licenses. Section 6. Administration. The application for such licenses shall be made on forms furnished by the clerk and shall set forth the general nature of the business, the location and such other information as the clerk shall require. Section 7. Temporary Suspension of License The health authority with the approval of the city manager shall immediately suspend the license of any food establishment for the violation of any terms of this section if such violations constitute an imminent public health hazard. Upon notification by the health authority of a temporary suspension of license, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the city council.. Upon notification in writing by the licensee to the .health authority that all violations have been corrected for which temporary suspension was invoked, the health authority shall reinspect the food establishment within a reasonable period of time. If all violations constituting the grounds for the temporary suspension have been corrected, the health authority shall immediately terminate the suspension. The health authority and the city manager may not suspend a license if the violation or violations which constitute an imminent public health hazard can be eliminated or removed by embargo or condemnation. Section 8. Inspection and Correction Transport or Sale Noise Prohibited. No person licensed under this ordinance, shall call attention to his business or to his goods, wares or merchandise, by crying them out, by blowing a horn or by any loud or unusual noise. Section 9. Food Sources. All food in all food establishments shall be clean, wholesome, free from spoilage, adulteration, and misbranding, and shall be prepared, processed, handled, packaged, transported and stored so as to be protected from contamination and spoilage and shall be safe for human consumption. No home prepared foods shall be kept or used in any food establishment except that home prepared foods other than readily - perishable foods may be kept or used in schools and houses of worship and by social or service agencies at itinerant food establishments. No more than three itinerant 8 -9 food establishment licenses authorizing the sale of home prepared foods shall be issued to a social or service agency in any calendar year. All food received or used in all food establishments shall be from sources approved by the health authority. Section 10. Vending Machines. Subd. 1. Each vending machine licensed under this ordinance shall be constructed and maintained as follows: a. Each machine shall be filled only with wholesome ingredients which have been manufactured and packaged under sanitary conditions and transported to the machine in sanitary containers or vehicles. b. The owner or operator of all such vending machines shall, whenever requested, make provision for the health authority to have access, either in company with an employee or otherwise, to the interior of all vending machines operated by him. C. Every licensee shall keep and maintain each vending machine in a clean, wholesome, and sanitary condition at all times. d. Each machine must be so designed as to protect against infestation of insects, vermin, rodents, and to protect against the entrance of dust, dirt, rain, overhead leakage, or other sources of contamination, and shall be so constructed and operated as not to create a rodent harborage. The machine location shall be such as to minimize the potential for contamination of the food, shall be well lighted, easily cleanable, and the surroundings shall be so maintained as not to create an unsanitary or unsightly condition. e. Each machine shall be so designed that it may be readily cleaned. The walls, floors, ceiling, covers, lids and other physical features shall be of such construction as to withstand repeated cleaning. f. All interior surfaces and component parts of the vending machine shall be so designed and constructed as to be readily cleaned in place or removable for cleaning operations, and shall be kept clean. All food contact surfaces of the machine shall be smooth, nontoxic in themselves or in combination with food, corrosion resistant, and relatively nonabsorbent material, and shall be capable of withstanding repeated cleaning and sanitizing by normal procedures. g. Each vending machine shall be so constructed that it may be opened and all parts thereof made available for inspection purposes by the health authority. h. Each vending machine that vends a cup to receive food from such machine shall have the dispensing opening protected from dust and insect infestation by means of a manual or mechanical opening device. 8 -10 i. The temperature of all vending machines which dispense perishable unfrozen food shall be maintained at a temperature of 40 degrees F., or below, or 150 degrees F., or above, whichever is applicable. Where frozen food is being vended, the temperature shall be maintained at 5 degrees F., or below at all times; provided that exceptions may be made for (a) the actual time required to load or otherwise service the machine and for a maximum recovery period of 30 minutes following completion of loading or servicing operation; and (b) in the case of hot food vending machines, a maximum of 120 minutes to heat food through the 40 degrees F. to 150 degrees F. temperature zone. In hot food vending machines which are not equipped with refrigerated storage, there shall be no time delay to preclude heat from being applied to perishable food immediately after it is loaded or placed in the machine. Perishable food once heated to, or held at, a temperature of 150 degrees F. or above shall be maintained at such temperature until served or discarded. j. Vending machines dispensing perishable food shall be provided with adequate refrigeration or heating units, or both, and thermostatic controls which ensure the maintenance of applicable temperatures at all times. Such vending machines shall also have controls which prevent the machine from vending perishable food until serviced by the operator, in the event of power failure or other condition which results in noncompliance with temperature requirements in the food storage compartment. Hot food vending machines designed to heat food through the 40 degrees F. to 150 degrees F. temperature range shall also be equipped with automatic controls which render the machine incapable of vending perishable food until serviced by the operator in the event that heating through this temperature range is not accomplished in 120 minutes or less. Perishable food which has failed to conform to the time - temperature requirements of this section shall be removed from the vending machine and not made available for sale unless inspected and approved by the health authority as safe for human consumption. Vending machines dispensing perishable food shall be provided with one or more thermometers which, to an accuracy of plus or minus 2 degrees F., indicates the air temperature of the warmest part of the refrigerated food storage compartment, or the coldest part of the heated food storage compartment, whichever is applicable. Subd. 2. Water Supply. All water used in vending machines shall be drawn from a safe water supply. Vending machines shall be so designed, constructed, installed, and operated as to prevent the production of toxic substances in the water or the back - siphonage of liquids or gases into the supply line. Subd. 3. Identification. Each vending machine shall have posted thereon a label or sign stating the name, address, and telephone number of the person responsible for its operation. / CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1993, at p.m. at the City Hall 6301 Shingle Creek Parkway, to consider an amendment to g Y, Chapter 18 of the City Ordinances regarding authority to issue citations. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY ORDINANCES REGARDING AUTHORITY TO ISSUE CITATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 18 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 18 -102. AUTHORITY TO ISSUE CITATIONS. The following employees of the City of Brooklyn Center[,] are authorized to issue citations in the specified circumstances. A. Code Enforcement Officers. These employees, if designated by the city manager, under the direct supervision of the police department, are authorized to issue citations for: 3. Violations of the City's sign ordinance at the request of the director of (planning q [P g & inspections communi development or his p ] Y P designee; 4. Violations of the City's building code, at the request of the director of [planning & inspections] community development or his designee; 5. Violations of the City's housing maintenance and occupation ordinance at the request of the director of [planning & inspections] community development or his designee; 9. Violations of the City's zoning ordinance at the request of the director of [planning & inspections] community development or his designee; ORDINANCE NO. 11. Violations of the City's garbage and [food] sanitation ordinance[s] at the request of the director of [planning & inspections] community development or his designee. [B. Health Department Employees. Employees of the health department, if designated by the city manager, are authorized to issue citations for any violations of State Statute or City Ordinance related to: 1. Public health; 2. Garbage and sanitation; and 3. Food sanitation.] [C]B. Building Inspectors. Inspectors working under the direct supervision of the director of [planning and inspections] community development if designated by the city manager, are authorized to issue citations for: Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER council Meeting Date /9-3 Agenda Item Number Ila REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RECOMMENDATION OF THE FINANCIAL COMMISSION REGARDING THE ORGANIZATIONAL EVALUATION PROCESS DEPT. APPROVAL: Charles Hansen, Finance Director XANAGER'S REVIEW /RE A J' TIQ No comments to supplement this report Comments below /attached SUW4ARY EXPLANATION: (supplemental sheets attached ) Earlier this year, the City Council charged the Financial Commission with the responsibility of evaluating the organization of the City of Brooklyn Center as to its effectiveness and to report back to the City Council. The Financial Commission took up this issue at its meeting of July 12, 1993 and wishes to inform the City Council of a motion passed regarding the organizational evaluation process. C ommissioner Ron g g 1 on r ce g P Christensen moved that "The Financial Commission, as a preliminary step to fulfilling its responsibility for evaluation the organization of the City of Brooklyn Center as to its effectiveness, accepts Areas 1 & 2 as outlined in the City Manager's Memoranda of March 31, 1993 and July 9, 1993." Commissioner Ned Storla seconded the motion and all commissioners voted in favor of it. The City Manager's Memoranda lists areas of interest as follows: 1) evaluation of potential for administrative structure reorganization; 2) evaluation of the supervision /management and other staffing levels; and 3) service evaluation rocess. The Commission's e motion deliberately omitted P y any reference to area 3, because they felt there wasn't an adequate description of what the objective was, the resources which will be available to accomplish it, and what the Commission's role was to be in this area. Complete minutes of the meeting will be distributed and approved at their next meeting. RECOMMENDED CITY COUNCIL ACTION Review and discuss the Financial Commission's motion. MEMORANDUM TO: Chair and Members of the Financial Commission FROM: Gerald G. Splinter, City Manager DATE: July 9, 1993 SUBJECT: Recommendations Relating to the Organizational Evaluation Process At your last meeting when you discussed the organizational evaluation process, you requested City staff to expand on the three areas of City Council interest. The three areas were: 1) evaluation of potential for administrative structure reorganization; 2) evaluation of the supervision /management and other staffing levels; and 3) a service evaluation process In the first area, that of administrative structure reorganization, I have enclosed a copy of the original memorandum sent to the Commission on this subject dated March 31, 1993. Attached to that memorandum is additional information relating to the organizational structures of a number of metropolitan area communities of similar size and activity to Brooklyn Center. Our initial review of these documents indicate there is a wide variety of organizational structures and plenty of different types of examples. It would be my suggestion the Commission hold a special meeting just to review the different types of organizational structures and come to some initial conclusions regarding some general concept. I would recommend finalization of a future organizational structure only after we have completed the Area 2 portion of the organizational evaluation process. With regard to the Area 2 portion of this process, supervisory/management and staffing levels review, I would like to report the fact the City Council authorized the hiring of a summer intern position which would assist staff in developing the second stage of this process. We are currently in the initial stages of interviewing, and we would expect to have someone on board in about two to three weeks. The supervisory/management and staffing levels review project will be the first and top priority for this individual. We would expect to have a preliminary report in this area around September 1. With regard to the service evaluation process, I would like to suggest to the Financial Commission they consider recommending to the City Council, after careful evaluation, a process or philosophy called Total Quality Management or TQM. This process is defined by textbooks as: "a process- orientated, results - driven, organizational philosophy and management approach which seeks to bring about congruence between the quality of the services and the products provided by an organization and the quality expectations and desires held by customers and stakeholders. It integrates fundamental management techniques, existing improvement efforts, and technical tools in a disciplined and focused continuous improvement process." Memo to Financial Commission 0 Page 2 July 9, 1993 I have attached for your review copies of materials I have researched regarding the subject of TQM. You should understand that if the City chooses to enter into this process, a complete and total organizational commitment is necessary to allow it to succeed. This commitment has to extend from City Council through the City Manager, department heads and supervisory personnel, and all employees of the organization. Our recent experience with the prioritization process indicates the employees of our organization are amenable to this type of management approach. I believe to implement this approach would require a thorough training and education effort directed at the City Council and advisory commissions, City department heads, and supervisory staff. I have recently attended an introductory course on this subject through the University of St. Thomas Management Center. ZD I am personally convinced the only way to effectively improve the quality of the municipal services is to employ some type of continuous improvement which becomes and integral part of how an organization operates. TQM fills that bill, but it will take attitude change on the part of elected and appointed officials to accomplish this approach. I have attached copies of the first chapter of a participant's handbook from the International City Manager's Association on this subject, and I have also included for your information excerpts from some of the materials I received as a part of the St. Thomas course. I believe it would be absolutely essential if the decision is to go ahead with a TQM program in Brooklyn Center that a thorough planning and training process precede its implementation. In discussion with the St. Thomas people, they appeared to be able to provide that type of assistance and another source of assistance could be the International City Manager's Association and others. I have also had discussions with our auditor Cliff Hoffman from Deloite Touche, and he has indicated his organization could also provide assistance in this area and in the area f o developing a service/activity p g centered budget. I will be available for a portion of your meeting to discuss this concept with you. Attachments DRAFT MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER JULY 12, 1993 BROOKLYN CENTER CITY HALL, CONFERENCE ROOM B CALL TO ORDER Chair Donn Escher called the meeting to order at 7:00 P.M. in the City Hall Conference Room B. ROLL CALL Present at roll call were Chair Donn Escher, Commissioners, Viola Kanatz, Ron Christensen, Ned Storla, Ulyssess Boyd and Denis Kelly. Also present was Finance Director Charlie Hansen. Approval of Minutes A motion was made by Commissioner Denis Kelly to approve the minutes of the May 11, 1993 and May 17, 1993 meetings. Commissioner Viola Kanatz seconded the motion and it passed unanimously. Comprehensive Annual Financial Report Finance Director Charlie Hansen made a presentation of the financial report similar to the presentation made to the City Council on June 14, 1993. The Auditor's letters to the City Council were also presented and discussed. Organizational Evaluation Process City Manager Gerald Splinter arrived at 7:47 and made a presentation of his proposal as described in his memorandum of July 9, 1993, on how to proceed on this project. The Commission had many questions regarding the City. Council's intentions, the Commission's role, the outside consultant's role and cost, a timetable, and how other processes such as benchmarking and Total Quality Management fit in. Commissioner Ron Christensen moved that "The Financial Commission, as a preliminary step to fulfilling its responsibility for evaluating the organization of the City of Brooklyn Center as to its effectiveness, accepts Areas 1 & 2 as outlined in the City Manager's Memoranda of March 31, 1993 and July 9, 1993." Commissioner Ned Storla seconded the motion and all Commissioners voted in favor of it. Criteria for evaluation of requests for funding by outside agencies or groups Copies of the Human Rights and Resources Commission's policy, application form, and evaluation form which they use to handle such requests were distributed in the agenda packet. It was decided to take up this subject at the next meeting. Capital Expenditure Policy Finance Director Charlie Hansen distributed the Capital Expenditure Policy as revised at the May 11, 1993 Financial Commission meeting. This was done so that Commission Members could confirm that the changes represented the Commission's intent. He also explained that both he and City Manager Gerald Splinter have reservations about the section of the policy which prohibits projects with a value of less than $100,000. They feel it will be impossible to fund these through the General Fund as called for in the policy. The Commission directed them to come back at the August meeting prepared to demonstrate their case. Next Meeting The next meeting as set for Tuesday, August 10 1993 at g Y, g , 7:00 P.M. Its agenda will include: Requests for funding by outside agencies or groups, Capital expenditure policy, and Organizational evaluation process. ADJOURNMENT There was a motion by Commissioner Viola Kanatz and seconded by Commissioner Denis Kelly to adjourn the meeting. The motion passed unanimously. CITY OF BROOKLYN CENTER Council Meeting Date 08/09/93 Agenda Item Number // b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROPOSED PARK AND RIDE FACILITY (DISCUSSION ITEM) DEPT. APPROVAL:, Sy Knapp, irector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • Submitted herewith are the following items: • Sy Knapp's 8/2/93 report which provides responses to the issues raised at the 6/28/93 public hearing - including analyses of optional locations suggested at that hearing. • a letter from Aaron Isaacs of the MTC, dated 7/7/93. • a letter from Mary A. Olsen, a resident within the project area. • traffic count and turning movement study information as developed by Engineering staff. ( Note : These four items are unchanged from those which were presented and discussed at the City Council's 8/2/93 worksession. Also submitted is a report from SRF which is a revised version of their report which was submitted at the worksession (the revision includes information on Average Daily Traffic forecasts). In addition, the following comments are submitted to reinforce staffs' responses to issues discussed at the worksession: ■ Regarding costs, MTC has agreed that they will be responsible for paying all costs which are directly associated with acquisition, development, construction, operation and maintenance of the properties used by the Park and Ride facility — based on the final site and design of that facility Because the location and design of the facility is subject to change based on discussions with citizens in the neighborhood, and to final agreement between the City Council and MTC, it is not possible to now define which properties will be purchased by the MTC and which will be purchased by the City for use as a storm water pond and park. However, the following considerations make it obvious that there are financial advantages to the City to have MTC develop a Park and Ride facility at this location: ✓ Preliminary plans for Brooklyn Boulevard improvements (developed by the City in cooperation with Hennepin County in support of HCDOT's ISTEA grant application) indicates the need for additional right -of -way on the west side of Brooklyn Boulevard to allow construction of an acceleration /turning /deceleration lane from I -694 to 65th Avenue. Under Hennepin Count policy, n Center would P Y P Y� Y be required to pay for one -half ( of the costs for that right -of -way. However, MTC has agreed that if they develop a Park and Ride facility at this location, they will make that right -of -way available to HCDOT from the properties which MTC purchases for the Park and Ride facility — because they recognize the benefit of that improvement to the Park and Ride operation. ✓ If the Park and Ride facility is not developed, we believe the City should purchase all 5 single- family homes which front on 65th Avenue. If, however, the Park and Ride facility is built, MTC.will participate in the cost of buying one of those homes — if a portion of that lot is to be utilized by MTC based on the final plan for development of the MTC and City facilities. • It is staff's opinion that if the Park and Ride facility is not developed in this location, the development which does exist will remain, and will probably tend to deteriorate in the foreseeable future unless the City provides a very heavy subsidy as an incentive for private redevelopment. The costs for acquisition and development of these properties are simply • too high to allow this area to compete in the real estate market with other development sites which are available for development in the northwest suburbs. • The plans developed to date should be regarded as "preliminary" plans — since both the City and MTC are willing to consider making changes based on review of requests from, and discussion with citizens from the project area. • Development of a Park and Ride facility at this location is included and endorsed in the first phase study of Brooklyn Boulevard, and we foresee no change in that position during the second phase study. RECOMMENDED CITY COUNCIL ACTION After reviewing all of the issues raised at the public hearing and compiling this information it is City staff's s o inion that: 1 Park and Ride facilities in P ( ) general are vital elements of a cost - effective Y transportation system, and a Park P and Ride facility is needed in this general area; and (2) the 65th Avenue location is better than any of the option locations suggested — both in terms of fulfilling the function of a Park and Ride facility, and in terms of comprehensive city planning and cost - effectiveness. At the same time it is understandable that residents are concerned about possible impacts of such a development in their neighborhood. Accordingly, it is recommended that, if at the 8/9/93 meeting, Councilmembers agree this issue needs additional consideration, that Council adopt a motion directing staff to meet with citizens from that neighborhood in one (or more) meeting(s) to discuss the attached information and any other issues and to consider alternative designs, etc. Following completion of such meeting(s) staff would report back to the City Council. At that time, if Council wishes to continue consideration of the proposal, a new public hearing should be scheduled. I • MEMORANDUM TO: City Council Members FROM: Sy Knapp, Director of Public Works DATE: August 2, 1993 SUBJ: Park and Ride Facility - Issues and Options Following is a summary of issues, concerns and questions raised by citizens who spoke at the June 28, 1993 public hearing regarding the proposal to construct an MTC Park and Ride facility in the vicinity of Brooklyn Boulevard and 65th Avenue, in conjunction with the City's development of a storm water pond on adjacent properties, and responses to these issues as developed by City staff, the MTC and SRF (consultants for this project). ISSUE NO.1 What would be the tax impact of the Park and Ride facility? Also: Why retire taxable property? Response ✓ The following information has been compiled by the City Assessor: Total Property Taxes City's Share Facility Paid 1993 1993 Taxes Storm Water Pond (6 properties *) $10,659.72 $1928.34 Park & Ride Site (9 properties *) $19,348.34 $4678.4 0 Total $30,008.06 $6606.75 *Note: If only the storm water pond is built, we now assume that the City will need to buy 5 homes and the 4 acre vacant parcel. If, however, the Park and Ride facility is also built, MTC would share in the costs of buying one of those 5 homes. Note See Issue No. 13 for an analysis of the tax impact of alternate sites which were suggested for consideration. ✓ Because of current conditions, these properties are now is a transitional stage. Without government involvement, this area can be expected to continue to deteriorate over an extended period of time. It is expected that any plan for redevelopment by private developers would need to be subsidized by Tax - Increment Funding or some other public funds. -1- ✓ In summary, the decision to "retire taxable property" is one which must sometimes be made when it is found to be the most cost - effective way of providing a needed public facility. ISSUE NO 2 What will be the impact on property values for surrounding properties? Response ✓ A full answer to this subjection question will only come if the project proceeds. ✓ However, that answer will be the result of how carefully the project is designed, constructed and operated. It is noted that MTC has requested the City to take the lead to acquire the properties, develop plans, and supervise construction (i.e. - a "turnkey" project). This allows the City to design and build the facilities to be "good neighbors" with adjacent properties. Note The City's design standards are exemplified on the 69th Avenue project and on the West River Road project. ✓ Staff is confident that the City and MTC can and will take the necessary steps to have these facilities provide a positive benefit to this neighborhood. ISSUE NO. 3 Existing traffic problems on 65th Avenue (traffic volume, back -up from signals, accidents, etc.) Response During the week of July 19, 1993 traffic volume counts were taken on 65th Avenue - just west of 65th Avenue and on 65th Avenue between -Marlin Drive and Indiana Avenue. The average daily traffic at these locations was 3564 and 3404 (respectively). In addition, turning movement counts were taken for all vehicles making the eastbound approach to the Brooklyn Blvd. /65th Ave. signal system during A.M. and P.M. peak hours. This information has been submitted to SRF for review and analysis. They will present their report and comments at the Council worksession. One note made by the City employees who took these counts is that there was ". . . no stacking on 65th Avenue to northbound Brooklyn Boulevard due to ramp buildup. All vehicles cleared intersection at each cycle". ISSUE NO. 4 Traffic impacts (volume, congestion, safety, etc.) of Park and Ride operation. Response SRF is developing an analysis of the traffic impacts. Their report will be submitted at the Council's 08/02/93 worksession. -2- ISSUE NO. 5 Because of high traffic volumes "...Brooklyn Boulevard is not the right place for single family homes..." (noting safety problems, air pollution, noise levels, etc.) Response ✓ This comment made by one of the property owners on Brooklyn Boulevard whose property would be included in the Park & Ride site. It appears that she supports (or at least, does not object to) the proposed Park & Ride facility. ✓ Another property owner who made essentially the same comment lives in a house on the east side of Brooklyn Blvd. (directly across Brooklyn Blvd. from the proposed Park & Ride site). It appears that he is very interested in having his property purchased, so he can get away from the existing problems on Brooklyn Blvd. ✓ It is also noted that the Brooklyn Boulevard planning study supports this evaluation. ✓ It is noted that alternative full development based on existing zoning would create more traffic, congestion, air pollution and noise than the proposed Park & Ride facility. ISSUE NO. 6 If Park and Ride is "too successful ", the overflow could cause a new set of problems Response ✓ While it is possible that the demand for Park & Ride parking spaces may exceed the supply (i.e. - the capacity of this lot), Park & Ride patrons are "repeat customers" who are fully aware of conditions on a day to day basis. As one facility becomes filled up, patrons will find other options. So, we believe this is a self - monitoring /self- controlling issue. ✓ If this lot were full, one option patrons might wish to use would be parking on neighborhood streets. However, our experience at other Park & Ride areas (along T.H. 252 at 66th and at 73rd Avenues) has shown that periodic enforcement of the City's 6 -hour daytime parking restrictions is a very effective, low -cost way of dealing with this issue. ISSUE NO. 7 (Various questions) regarding bus traffic patterns: i.e. - the ability of MTC buses to maneuver through the proposed facility, to turn onto 65th Avenue, delays through the 65th Ave. /Brooklyn Boulevard intersection, and onto the HOV ramp. Response All of these issues were evaluated during original plan development, and reviewed again following the public hearing. In summary: -3- ✓ Regarding site design, MTC and SRF have a great deal of experience in developing plans for Park & Ride facilities. Most importantly, MTC has the benefit of their experience with numerous other Park & Ride sites, and their staff is confident this plan will work well. ✓ Regarding the ability of buses to turn into the facility, and back out into 65th Avenue - this is primarily a matter of correct design of the driveways which buses will use. This will not be a problem. ✓ Regarding delays of buses at the Brooklyn Blvd. signals, Hennepin County Public Works staff has advised us that they are able to reprogram signals to give higher priority to approaches where buses from Park & Ride facilities enter. In fact, it is their policy to do so - as a way of encouraging and facilitating the use of mass transit. ✓ Regarding the ability of buses to enter the HOV ramp, some minor geometric changes were (and are) included in the proposed design layout, and will be completed by HCDOT or MNDOT if this proposed facility is built. ISSUE NO. 8 Size of Park and Ride facility (i.e. - 200 to 235 spaces) Response MTC's original request was for a 200 space lot. When preliminary plans were layed out, Alternate Plan 1 showed 185 spaces, while Alternative Plans 2 and 3 show 235 spaces. MTC would prefer a plan with 235 spaces, but states their minimum need is for 200 spaces. ISSUE NO. 9 Possible increase in crime, vandalism, etc. (Note: the speaker assumed that the Park and Ride facility would be so heavily screened from Brooklyn Boulevard, that it could not be seen or monitored from Brooklyn Boulevard.) Response ✓ It is true that preliminary plans for these facilities include construction of landscape mounds and heavy plantings along Brooklyn Blvd. (to complement the proposed "gateway" improvements to the Brooklyn Blvd. /I -694 interchange area). However, minor plan modifications can easily be made to assure that the proposed facility can be seen and monitored from Brooklyn Blvd. ✓ Brooklyn Park police chief Don Davis and director of service Dave Johnson report they have experienced very few problems with crime or vandalism at the two Park & Ride facilities in Brooklyn Park (none at the facility on 85th Ave. at CR 81 near Fleet Farm, and only a few minor problems at the facility at T.H. 252 and 73rd Avenue). -4- 0 ✓ MTC recognizes the need to maintain the public perception that these facilities are safe areas in order for them to be successful. At other sites MTC has effectively developed a cooperative agreement between MTC security and the local police departments to assure problems are dealt with positively. Accordingly, we believe they are committed to do what's necessary to deal with any problems which arise - early and effectively. ISSUE NO. 10 What assurance do citizens have that plantings and landscape berms will actually be completed and that they will be properly maintained? Response ✓ MTC has requested that City develop this site for them on a "turnkey basis ". This assures that the City will have an opportunity to assure P ro design and supervise construction. P er g su P ✓ MTC has established a record for high -level maintenance on their facilities. ISSUE NO. 11 Objections to possible commercial use (for convenience store - or daycare facility ) on the Park and Ride site Response ✓ This is strictly a concept which is under discussion... no decisions have been made. ✓ MTC generally favors this concept because it could: (1) provide services to MTC patrons and to the neighborhood; (2) provide revenue to help pay the costs for maintaining their facility; (3) provide some level of on -site monitoring; and (4) has the possibility of having the tenant provide maintenance, snow plowing, sweeping, etc., services. ISSUE NO. 12 Previous request (15 years ago) for stop signs at 65th /Indiana was denied Response This issue will be reviewed by the Administrative Traffic Committee, in cooperation with citizens who have information about this matter. ISSUE NO. 13 House(s) on 65th Avenue have been hit by vehicles Response ✓ To date we have not been able to get details on this accident(s). ✓ This matter will be reviewed by the Administrative Traffic Committee. ✓ If authorized by the City Council and MTC, staff and SRF will meet with property owners in the project area to more fully communicate and understand all issues and concerns, and to attempt to revise plan designs to assure it is functionally effective while it addresses the needs (including safety) of the neighborhood. -5- ISSUE NO 14. Alternate site suggestions Response ✓ Following is a summary of evaluations of alternate sites: b staff P g Y 1 () Y MTC sta regarding functional suitability of these sites within MTC's plans for future service systems; and (2) by City staff regarding issues which directly impact the City's plans and /or the neighborhoods in which those alternative sites are located: -6- MTC Staff Comments City Staff Comments 1. 63rd & Brooklyn Blvd. Functionally this site can City staff strongly objects to (i.e. Builders Square) work for a Park & Ride if the use of this location for the following conditions are the following reasons: met: 1. Development of a 1. If MTC receives 200( +) Park & Ride site permanent control of the would consume facility (no short term lease approximately 25-35% of the agreement would be total Builders Square /Super acceptable). Value site. We consider it highly 2. If the portion of the doubtful that the owners of Builders Square site adjacent this complex would agree to to Brooklyn Blvd., and large lease that much area to enough to hold 200 buses, is MTC, or that they would made available for this agree to split -off that much purpose; and of their property for sale to MTC. 3. Adequate entrance and exit facilities are made 2. We believe the costs for available to assure good such a taking, including access to Brooklyn Blvd. damages to the remaining portion of the site, would be However, if all of these prohibitive. conditions were met, MTC would still consider this to be 3. The tax impact of this a less desirable site than the redevelopment would be one at 65th Ave. much greater than at 65th. City Assessor Mark Parish estimates the loss from current '93 taxes paid would be about $40,000 per year. 4. Vacation of Park & Ride site at this location contradicts the recommendation of the Brooklyn Boulevard Planning study - to redevelop this area as a "Town Square" area. -7- MTC Staff Comments City Staff Comments 5. Construction of a Park & Ride site at this location would place it adjacent to the Garden City School (on north side) and at the western boundary of the Garden City neighborhood. 2. 69th & Brooklyn Blvd. Functionally, this site could City staff also strongly (NE quadrant) work well for MTC - objects to the use of this approximately the same level location for the following of service as from the 65th reasons: Avenue site 1. This quadrant of 69th has the most potential for good retail redevelopment of any property on Brooklyn Blvd. 2. The current taxes on the remaining properties in this area are $63,500 per year. 3. The potential tax impact of these properties assuming retail development would exceed $200,000. 4. Development of this site for a Park & Ride facility is contradictory to the goals of the Brooklyn Boulevard study. 5. Construction of a Park & Ride facility at this location would place it adjacent to good residential area east of June Avenue. -8- MTC Staff Comments City Staff Comments 3. Brookdale Center MTC does now operate a The tax impact of dedicating Park & Ride facility at a major portion of Brookdale Brookdale Center for 50 cars Center as a Park & Ride site on a short-term lease basis. would be approximately This is not a good site to $100,000 /year. serve the park & ride concept to downtown Mpls. /St. Paul, We believe a Park & Ride but has been used beyond the facility here to serve capacity of the leased portion commuters to downtown of the lot. Usually 70 -80 Mpls. or St. Paul is totally cars park there, spilling over inappropriate. into portions of the Brookdale lot which have not been We believe it is totally leased by MTC. appropriate to have two facilities, i.e. - MTC 's plan is to transfer this temporary Park & Ride - the Park & Ride facility at operation to the new Brooklyn Blvd /65th permanent site ASAP. - to serve the patrons to Regarding an MTC facility at downtown Mpls /St. Paul and Brookdale Center, MTC is the transit hub at Brookdale proposing to develop a to serve the suburb to suburb "Transit Hub" at Brookdale. circulator system. This is intended to serve the "circulator routes" which will offer "suburb to suburb" service rather than the "suburb to downtown" service for which they need the park & ride facilities. Those two systems must each work well for the entire MTC system to properly serve the public. -9- MTC Staff Comments City Staff Comments 4. Xerxes Ave. at I -94 Access to this site would be This vacant property now very undesirable - both for pays $13,800 total buses and Park & Ride taxes /year. It is estimated patrons. that the tax potential for this property when it's developed commercially will be over $80,000 /year. 5. 53rd & Lyndale (I -94) This is not a good location Staff agrees this site is much because: too small. Because buses 1. It is too small. would stop at the ramp terminals patrons would need 2. Two existing Park & Ride to walk across the 53rd Ave. facilities already exist along bridge to catch the bus in the T.H. 252 morning. Also, it is not strategically located for this 3. Most potential patrons use. This property is now from the target area would vacant, and owned by the need to get on I -94, then City of Brooklyn Center. leave it to get to this location. However, with the sale of Drivers simply won't do this these properties for private when they're already on the development of 2 single freeway and that close to family homes, the tax impact downtown.. will be approximately $4500 /year. -10- ISSUE NO. 15 Notices were sent only to those property owners within 300 feet of the proposed site. Response ✓ This follows the policy established by City codes and ordinances for proposed zoning code amendments, site plan approval, etc. ✓ For future meetings we'll also include the names of anyone beyond the 300 feet distance whose name is on the petition(s) and /or who spoke and identified him (her) self at the public hearing. ISSUE NO. 16 Need for a timely decision Response We agreed that a decision should be made as soon as possible - so that property owners (and tenants) know what their status is, and so City and MTC can schedule our implementation plan. -11- 3 , r M E T R O P O L I T A N T R A N S I T C O M M I S S I O N 560 -6th Avenue North, Minneapolis, Minnesota 55411 -4398 612/349 -7400 July 7, 1993 Gerald Splinter, City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: This letter describes why MTC wants to build a park -ride lot at 65th and Brooklyn Blvd. TYPES OF PARK -RIDES There are two types of park -ride lots, joint use and exclusive use. Joint use lots are typically owned by churches, shopping centers and units of governments. The owners allow park -ride use for different reasons. MTC frequently pays the snowplow costs, which churches find attractive. Stores and shopping centers get increased sales from the park - riders. Joint use lots are cheap, but have their limitations. Typically they are small, usually 25 -50 cars and rarely more than 100 cars. If they become too successful, the park -riders may crowd out the lots' primary users and the owners have to ask MTC to leave. Location is another problem. Park -ride lots are most successful when they are the last stop before the bus enters the freeway to run express. Joint use lots often are located away from the freeway, making them less attractive. Finally, the owners of joint use lots don't allow large signs, so the lots may be hard for bus riders to find. Exclusive use lots are owned by MTC or MnDOT. They can be built as large as necessary, and can be more easily located near freeway entrances, often on MnDOT land. They can be well- signed, with bus shelters or larger waiting stations. GENERAL LOCATION CRITERIA As stated above, the best lots are located next to the freeway, where the bus begins the . Y g non -stop portion of its trip. There are two reasons for this. First, the local pickup portion of the bus trip is considerably slower than driving. Park -riders can save time if the lot is the last stop before the freeway. Second, the lot is more visible and likely to be used if next to the freeway. Most park -riders live within four miles of the lot. If they have to drive too far to reach a lot, they are likely not to use the bus at all. For that reason it is important to space lots so that they are within a few miles of most customers, especially if the routes are widely spaced.. EXISTING PARK -RIDE LOTS Brooklyn Center and Brooklyn Park are served by six park -ride lots, with a total of 414 spaces. They are: Brookdale: This joint use lot is supposed to be for 50 cars, but about 75 park there. The lot's shortcoming is its distance from I94, about two miles. Church of the Nazarene (73rd and Hwy. 252): This 43 car lot is full, so MTC recently built a 117 -car lot across Hwy. 252 from it. The new lot is about half full. Way Cross Evangelical Church (7733 West River Road): This small 15 -car lot is full. 1 Brooklyn Evangelical Lutheran Church (69th and Zane Ave.): This 45 car lot is full. MTC lot at 85th Avenue and Co. Rd. 81: Located on the extreme western edge of Brooklyn Park, this 131 car lot serves mostly Maple Grove and Osseo. To summarize the present park -ride situation, there are about 60 spaces available at the MTC lot on Hwy. 252 at 73rd Avenue, and that lot is filling up. Otherwise, all the park - ride spaces are either occupied, or inconvenient to the central portions of Brooklyn Center and Brooklyn Park. PROPOSED BUS SERVICE IMPROVEMENTS The present express bus network in Brooklyn Center and Brooklyn Park needs reworking. Specifically, Routes 45 and 94G , 94K and 94M are circuitous and too slow to be competitive with the automobile. 94G, K and M travel through north Minneapolis before finally entering 194 at 49th Avenue. MTC would like to enter 194 at the first opportunity. The best entrance is at Brooklyn Blvd., because it is conveniently located and because there is a bus /carpool bypass ramp. There is a problem, however. Entering 194 at Brooklyn Blvd. will shorten the local pickup portion of the route. Even though the faster ride should attract more customers, the shorter local route portion will reduce the number of homes served and cut down the potential ridership. This in turn will reduce the number of bus trips that can be run economically, making the route less attractive to new customers. The solution is to build a park -ride, which will bring more customers to the routes, increasing the number of cost - effective trips, and in turn making the route more attractive. THE PROPOSED LOT NEAR BROOKLYN BLVD. AND I94 A lot near Brooklyn Blvd. and I94 will serve the western half of Brooklyn Center and the southwest and central portions of Brooklyn Park. It will fill a hole in the network of park - ride lots. It may also attract some cars that pass on I94. To be ideally situated and sized the lot should be located on Brooklyn Blvd. between Y � Y 65th and 69th Avenues. It should hold at least 200 cars. It will be served by up to four express routes, three from the north and one from the south. All will enter I94 after leaving the lot in the morning. Route 45 will approach the lot via Zane, 69th Avenue and Brooklyn Blvd. Route 94G will approach the lot via 63rd Ave. and Brooklyn Blvd. Route 94K approach the lot via Noble and Brooklyn Blvd. Route 94M approach the lot via France, 69th Ave. and Brooklyn Blvd. The number of buses serving the lot is flexible, but at a minimum there will be one every 15 minutes from 6:30 to 8:00 AM and from 4:00 to 6:00 PM. There may be a couple of earlier or later buses, but little or no midday or night service. At the public hearing, the option of locating a private business at the park -ride was discussed. MTC is open to this concept, provided it does not hurt the chances of getting the lot built, or reduce the lot size below 200 cars. The rent from a business could cover the operating and maintenance costs of the lot. Possibilities include a small convenience store or a day are center. The day care would serve commuters and make it possible for Y Y P them to conveniently use the bus. 2 As a final note, I want to emphasize the importance of a park -ride lot in this location. It is a crucial ingredient in MTC's plans for improving express service within Brooklyn Center and Brooklyn Park, and is MTC's highest priority park -ride project. If I can provide additional information, please let me know. Sincerely, Aaron Isaacs Director of Team Transit and Special Projects 3 � • ._ �� / / s 6'/ ' / � / � � � � � / / ,/ L� �`_ � � � � / i J / � � � i i ♦ .� i i i � A, / ./ � /� / � / i / i �� � ��� �� / � // � _/ �/ J / I / // �� � � .. � � � / / / / �� / i /. ♦ � / / �i � � � � / , ��, i / � � � � � � i ! I I i � � �� � , '� � i i ,, i I, �! \ � i i � � I I �;;I � , � ', i i I '� i v � � i '�, i i '� �; � '� � { i • � V � � I j `I \ I .` ;� I i i � � i i � � i � � i i V � �� � � V ` I j � ; j � ' I , � I M � � i i `` � I i I i i l I i I I ! i I i I i i - I i I ox% I I I i I I i I Ile V-d�. A�g CV July 1, 1991 TRAFFIC ENGINEERING MANUAL LOCATION: COUNTY: -- 1L/ 7-40 STATION NUMBER: COUNT BEGINNING DATE: L 3 DATA BY: 17514 DATE Itze ET�H �/G AVERAGE of COUNT DAY MON TUE WED FRI SAT SUN WEEKDAY WEEKEND 12 -1 AM S/ 1 -2 2 -3 3-4 /'7 1/3 4 -5 a /c 5 -6 &o3 6 -7 1 6 1 /W U 7 -8 8 -9 /' IT 9-10 A L3 10-11 3 11 -12N 12 - 1 / a 20 1-2 / 2 90 2 -3 y e 4-5 9.5 - --;2 7 311-1 6-7 Q ,� I`ll -/ 7 -s 3 2/0 - 9-10 10-11 11 11 -12M /D TOTAL, C C SKETCH AVERAGE DAILY TRAFFIC �� 6 Remarks: N C sm ,�,, Recorder Type: H 1 :1 MRS AR ❑ C a-( �� Machine No. � Tape No. File No. Text Ref.: 5- 3.05.01 July 1, 1991 PORTABLE TRAFFIC RECORDER DATA SHEET FIGURE 5.7 5 -26 i July 1, 1991 TRAFFIC ENGINEERING MANUAL LOCATION: '�� 4 � / a , COUNTY: STATION NUMBER: COUNT BEGINNING DATE: - DATA BY: �' t DATE 7 Zv7 AVERAGE of COUNT DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEKEND 12 -1 AM 1 -2 2 -3 /Q 3 -4 / 4 -5 �() 5-6 6 -7 7-8 8 -9 / 9-10 23 10 -11 a 2 /' 11 -12N /90 1;? Q. 12 - 1 02 / 1 - 2 2 -3 F - 4-5 o� -S a - 6-7 7-8 ca - 9 -10 / 3 10-11 /d 11 -12M 7� TOTAL y SKET H � AVERAGE DAILY TRAFFIC N Remarks: Recorder Type: HR ❑ MR { AR ❑ C Machine Nai ` __'`�-- Tape No. File No. Text Ref.: 5- 3.05.01 July 1, 1991 PORTABLE TRAFFIC RECORDER DATA SHEET FIGURE 5.7 5_26 July 1, 1991 TRAFFIC ENGINEERING MANUAL MINNESOTA DEPARTMENT OF A. M. TRANSPORTATION TRAFFIC ENGINEERING SECTION DATE: S.P.: TRAFFIC VOLUME AND LOCATION: #2 TURNING MOVEMENT STUDY PEAK HOUR: NORTH AT Ara. D E F \ � G #1 v Q H /9 C gyp' v #3 N 7Z A M L K LANES OF APPROACH RIGHT LEFT THRU TURN TURN LANES TOTAL #1 #2 J�< v zzr / 993 #3 #4 J 7 X✓ c rr,, r: T E - I Text Ref.: 5- 3.05.02 FIGURE July 1, 1991 TRAFFIC VOLUME AND TURNING MOVEMENT STUDY 5 . 12 5 -31 July 1, 1991 TRAFFIC ENGINEERING MANUAL MINNESOTA DEPARTMENT OF A. M. TRANSPORTATION TRAFFIC ENGINEERING SECTION DATE: S.P.: TRAFFIC VOLUME AND LOCATION: #2 TURNING MOVEMENT STUDY PEAK HOUR: m 0 N NORTH D E F #1 H 3.2. C y J Zp B 0 " #3 A V M L K LANES OF APPROACH RIGHT LEFT THRU TURN TURN LANES TOTAL `n #1 � #2 #3 #4 0 z,4v� 1. ✓07? /VCl j7Jc ; ,'_ i d eJ rl `✓ f '_C= S c'.' S/ f / ' G G ell'C Text Ref.: 5- 3.05.02 July 1, 1991 TRAFFIC VOLUME AND TURNING MOVEMENT STUDY FIGURE 5.12 5 -31 July 1, 1991 TRAFFIC ENGINEERING MANUAL DATE DISTRICT TRAFFIC ENGINEERING STATION RECORDER CONSTRUCTON DIST D.T.E. CITY MOTOR VEHI LE TRAFFIC VOLUME AND TURNING MOVEMENT FIELD REPORT COUNTY FROM vE FROM FROM FROM G O HOUR A C O Total To To To ota T To To T T Total o To To To Total To To To Total 600-6 15 6:15 -6:30 6:30 -6:45 6,45-700 7 00-7:15 7:15 -7:30 I Z7 7:30 -7:45 B 7.45 -8:00 800 -815 4z 1 / 8:15 -8:30 Z 8:30 -8:45 /3 Z 845 -900 Z Z 11 900 -9:15 915 -9'.30 93 5 - 1 9 0 :45 -1000 lo no-jo is 10'15 - 10.30 1030-1045 10:45 -111 0 00 11:00 11.15 1115 -1130 1130 -1145 11 45- 12'.00 12:00 -12:15 12'15 - 12.30 12.30 -1245 1245 -100 1:00 -1'15 1 15 -1:30 1,30-145 1 45 -2 00 2'00 -2:15 2:15 -230 2:302 45 2:45 -3:00 - 3 00 -3:15 /7 0 Z 3:15 -3:30 / 3:30 - 3:45 ,3 Q 3'.45 -4'.00 .,3 Z & I V I / 400 -4:15 Q 4:15 -4 30 / Z 2 4'.30 -445 27 S / 4:45 -5'00 Z. / 5:00 -5:15 5:15 -5:30 530 -5:45 5'45 -6 00 600-6 r.15 6:15 -6:30 6 30-645 6:45 -7.00 7'00 -T 15 215730 7.30.7.45 7.45 8.00 /// 8:00 -8 15 8:15 830 8.30 -8.45 I 8 45 -9 00 9.00915 9 15 , 930 -9 45 945 1000 TOTAL Text Ref.: 5- 3.05.02 REDUCED SCALE July 1, 1991 MOTOR VEHICLE TRAFFIC VOLUME AND FIGURE TURNING FIELD REPORT 5.11 5 -30 5-24-0 1 TRAFFIC COTS 1993 NO 1993 NUM LOCATION DATE COUN BEGINING TIME ENDING TIME TOTAL OF 24 HR. NUM. NUMBER NUMBER TRAFFIC HRS. TOTAL 42 THWE AVE N. & 69TH (SOUTH) 43 E AVE 6 -28 -93 0 11:05 A. M. N. & 65TH 6 -29 -93 1059 11:15 A.M. (5- (WEST) 6 -30 -93 2112 11:05 A.M. 2112 48 1056 116 44 FRANCE AVE N. & 66TH ELIMINATED 1993 (EAST) 45 SROOKLYN 6 -30 -93 9 0 :15 BLVD & 65TH 7 -1 -93 1924 2:50 P.M. (EAST) 7 -21 -93 3616 1:15 P.M. 3616 48 1808 46 'BROOKLYN 6 -30 -93 14 0 1:05 P.M. BLVD & 65TH 7 -1 -93 4326 2:55 P.M. (WEST) 7 -2t -93 7720 1:05 P.M. 7720 48 3860 47 INDIANAAVE N. S H ELIMINATED 1993 SRF STRGAR-ROSCOE- FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRAN'SPORTAT70N ■ CIVIL ■ STRUCTURAL 8 ENVIRONMENTAL ■ PARKING SRF No. 0921777 MEMORANDUM TO: Sy Knapp, P.E. City of Brooklyn Center FROM: Ferrol O. Robinson DATE: July 29, 1993 Revised August 5, 1993 SUBJECT: BROOKLYN BOULEVARD /65TH AVENUE PARK - AND -RIDE FACILITY - TRAFFIC ANALYSIS As you requested, we have completed a traffic analysis for a proposed park -and -ride facility to be located in the northwest quadrant of the intersection of Brooklyn Boulevard and 65th Avenue (see attached Figure). Based on this traffic analysis, we offer the following comments and recommendations for your consideration: 1. The City staff collected new traffic volume data on 65th Avenue at two locations during the week of July 19th, 1993. The two locations are on 65th Avenue just west of Brooklyn Boulevard and west of the existing apartment buildings. A summary of this data is as follows: 65th Avenue Just West of 65th Avenue West of Existing Traffic Volume Brooklyn Boulevard Apartment Bu Average Daily 3,6$5 3,404 Peak Period 858 (4 -7 p.m.) 722 (4 -7 p.m.) Peak Hour 302 (4 -5 p.m.) 268 (5.6 p.m.) (35% eastbound/ 65% westbound) Peak 15 Minute 78 (4:45 -5:00 p.m.) NA (45% eastbound/ 54% westbound) Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447-4443 (612) 475 -0010 FAX (612) 475 -2429 Sy Knapp, P.E. .2- August 5, 1993 2. The subject park - and -ride facility is proposed to provide 235 parking spaces. Primary access to this facility is proposed to be provided from 65th Avenue just west of Brooklyn Boulevard. A secondary (right in /out only) access on southbound Brooklyn Boulevard has also been proposed. However, this secondary access would not be constructed initially, but may be included in a future project. This secondary access was therefore, not included in this analysis. This analyses should be considered a conservative one since provision of this secondary access would reduce site generated traffic impacts at the intersection of Brooklyn Boulevard and 65th Avenue. 3. An alternative site land use scenario was developed in order to complete a comparative traffic impact analysis. The subject site was assumed to have approximately 4.7 acres of developable area on which commercial /office and service /retail type land use could be developed. Primary access to the site was again assumed to be provided from 65th Avenue just west of Brooklyn Boulevard. 4. Trip generation estimates were completed for each alternative land use scenario. The afternoon peak hour (typically 4:30 to 5:30 p.m.) is generally the most critical hour of the day for the purpose of completing a traffic analysis for these types of land use. The trip generation estimate for the proposed park -and- ride facility was based on data for similar facilities located on 1 -394. The trip .1generation estimate for the commerciaVoffice and service /retail land use alternative was based on average office park trip generation rates contained in the Institute of Transportation Engineers, Trip Generation Report, 5th Edition 1991. Office park land use is comprised of small offices with support service and retail businesses. The trip generation estimates are as follows: Park- na _ d- R1dg!ripGGeneration 235 parking spaces x 0.60 (60% leave in — 141 outbound trips p.m. peak hour) 141 x 0.15 (15% buses, carpools, in p.m. = 21 inbound trips peak hour enter then leave the site) = 21 outbound trips Total P.M. Peak Hour Trips Generated = 183 Total Daily Trips Generated = 580 Sy Knapp, P.E. .3- August 5, 1993 - Com merciallOffice and rvi ri r i 4.7 acres x 28.28 trips p.m. peak hour /acre = 133 total p.m. peak hour trips 15% inbound (20 inbound)/ 85% outbound (113) outbound 4.7 acres x 195.11 daily trips /acre = 917 total daily trips 5. These daily and p.m. peak hour site generated trips for both land use scenarios were then assigned to the year 2010 background traffic volumes at the intersection of Brooklyn Boulevard and 65th Avenue (see attached worksheets for p.m. peak hour forecasts). The directional trip distribution used for this traffic assignment was based on the existing and future background traffic volume distribution at the intersection. The daily traffic forecasts are tabulated as follows: Brooklyn Blvd. Brooklyn Blvd. 65th Avenue 65th Avenue North of South of East of West of Scenario 65th Avenue 65th Avenue Brooklyn Blvd. Brooklyn Blvd. Opening Year 23,130 21,180 1,630 3,685 No Build Opening Year 23,460 21,285 1,695 4,265 Park -and -Ride Opening Year 23,730 21,370 1,760 4,605 Commercial Year 2010 34,800 31,900 2,500 5,565 No Build Year 2010 35,130 32,005 2,565 6,145 Park - and -Ride Year 2010 35,400 32,090 2,630 6,485 Commercial Sy Knapp, P.E. -4- August 5, 1993 6. Planning level traffic operations analyses were then completed for these alternative p.m. peak hour traffic forecasts assuming improved geometries and traffic control (see attached worksheets). A review of these analyses indicates that the future intersection of Brooklyn Boulevard and 85th Avenue would operate at acceptable levels of service (Level of Service D) for both land use alternatives. The park - and -ride facility would generate slightly higher critical lane volumes (1,275) than the commercial land use (1,240) during the p.m. peak hour. 7. A 2010 No Build alternative scenario for the subject site was also analyzed. Assuming the site remained unchanged, the 2010 p.m. peak hour operation of Brooklyn Boulevard and 85th Avenue would be Level of Service C with a critical lane volume 1,180. 8. The existing a.m. and p.m. peak hour traffic volumes at the subject intersection were also analyzed. For both the a.m. and p.m. peak hours, (assuming existing geometries), the subject intersection operates at very acceptable levels of service (Level of Service C or better). 9. On a daily basis the park -and -ride facility generates very little off -peak period traffic. The commercial land use would generate significantly more daily traffic (much more off -peak activity) as well as weekend traffic from the retail /service businesses. 10. A queuing analysis was completed for the eastbound 65th Avenue approach to Brooklyn Boulevard. This analysis indicated that. the park - and -ride scenario forecasts generated a 350 foot long queue in the single combined left -turn/ through lane. Depending on where the main park - and -ride access is located on 65th Avenue much of the queue generated by the park -and -ride facility would develop within the park - and -ride site. The commercial alternative forecast would generate a similar queue of 300 feet. Should you have any questions or comments concerning this traffic analysis, please contact us. FOR:bba No 4,1RL,' OR l - E1111111N1 t 'i - - - - -- -- - -- - - - - -- CO. RD. NO. 152 .. .. ... .. -. STRGAR- ROSCOS- FAUSCH, INC. - Mw STORM WATER POND c woawu i x "�� D /PARK AND 3� CONSULTING RNGINRRR9 ■ LAND BURVRYORB uL ~� RIDE FACILITY BROOKLYN CENTER, MN sz rsir 7[1) LANDSCAPE PLAN S'I'TtGAIt- ItOSCOI IOAUSCII, INC. Como NO. CONSUI:1'ING EE INEF.I(S � _— PROJECT NAME._ i.! S1L' u `_ � i �_.._l �!`-� SCSG._ ��EEi DATE COMPUTATIONSFOR�- t11.d.1�. _1. -11 - CHKU.BY DATE P11LA APPLICATION n C PPLI I ATION � - 7 WORKSHEET /J /�j PLANNING APPLICATION WORKSHEET W 111if14111141 / Rlt�RM!�rV W 6 - Tp A j/. ().�Il': - 4^Y ._. �. • 5__ - - - - - - Intfru•Ilion:�bl..ell3__.tt�._. _. 4��'1� -� _(_SvL.__ Dale: Time Period Analyzed: V. PAY-- Analy _�,e,.. 1 LiC1VN+ I.r t if�l . 1 tAA �1._ /� Time Period Analyzed: hl �(� 1 Pm*, t N 1 10561C - . t�l � _. City /Sl.rle i� ��n � i l l � ._ )v LL Z�Ll- -- I'rvjerl Nul kw , 13d. City /State: �t1 p�. C ! —., I � 58 TOTAL N S STREET SB TOTAL N STREET 114 '75 �- Z �- [loo CIS � � � 1 . � � WBIOTAL L�� � � � 2 n � WBTOTAL 1 (350 �,✓)� C� a�).�. tEC,N�'S,7�REE1 //��//�� 1 I55; 1�1J C� / �N SHEET � 30o J EB7OTAL / EBTOTAL NB TOTAL NB TOTAL EBLT - 2�o NB IT t! ✓_ EBLT Z = ' � -- MAXIMUM NB LT _ �!._ SB TH - 73C� SUM OF CRITICAL CAPACITY WBTH SB Tli SUM OF CRITICAL CAPACITY MAXIMUM WBTH = VOLUMES LEVEL -1 = D Or � LEVEL nl — V OL U MES L�� J I:M Will IT -___ -- SB IT = � 0 TO 1,200 ur :R Will IT -_-- - SB LT = _ - 0 TO 1.200 U �VR _ OR _ �qo OR 1,201 to 1,400 NEAk OR 79 OR 1.2 EB Tli _ .__ NB III EB TH = ___` _ NO 111 ( to 1,400 t /-- 1.100 ^^ O ER > 1.400 EWC NSCR - - -- - -" �21T1 - -- STATUS ?�S1L ,_2 E W CRITICAL N S CkI TIC .AI F W CRITICAL N.S CRITICAI- XX = T1Y(P.t. '��J1C - �► f �, Gam.► Yr.K A'(�f7 +k(�K?L�NO STRGAR-ROSCOETAUSCII, INC. � � CONSUIa COMM NO. 1 �1 LET- 0 A � COMPUTATIONS FOR �,` 1' ✓� CIIKO.OY DATE PLANNING APPLICATION WORKSHEET G q PLANNING APPLICATION WORKSHEET Intersection: T }}�� !�� (��1 � ' n ✓L � p Lei 11 � Daly. � � t - 1 ` 4 W ?_ , Intersection. _ Dale: Analyst: ,C�� J . �>� / Tiimme�Peririood Analyzed�t i r y * x- n Analyst: Time Period Analyzed: Project No D ZIL'n City /State:{d +� L�1 F - TC - L�I Project No. City /Slate: �- ObK -L`f IJ VLV �, SB TOTAL N S STREET 2 SB TOTAL N S STREET W8 TOTAL — Will TOTAL E W STREET 6N'STREET I# TOTAL � 4b /_r /_ ElITOTAL NO TOTAL NO TOTAL ED IT - 1S21L NO LT MAXIMUM ED IT - NO LT - MAXIMUM J WBTH - 1.G. SETH - SUM OF CRITICAL CAPACITY t ✓ ! WBTH - SBTH - SUM OF CRITICAL CAPACITY VOLUMES LE VEL V OLU M ES IF.V WB LT - SB IT - 010 1,200 �tNIA K WO LT - SO IT 0101,2W uNUER OR �/qnn OR 1,201 to 1,100 R Ell Ill -� NB TH - l Ic.J EB Ti) OR NB T11 - OR 1.201 to 1,100 NEAR L (J5 > 1,400 OVER (�� ( —� > 100 OVER L ✓�� _ + g2 (Q`� - �_- 11.L_ STATUS ?. 1 —J � 1 ` -- J _ STATUS? E W CRITICAL N -S CRITICAL E W CRITICAL N S CRITICAL STRGAII- ROSCOL- FAUSCIi, INC. COMM.RO. ___� CONSUL:PING ENGINEERS /� OF d p PROJECT NAME _O`-� F -l.��f T�J Lif e, Z COMPUTATIONS FOR X I�JT l�1 Cz C oW C71 I � � � �✓ CRKO. BY DATE PLANNING }� APPLICATION WORKSHEET q y� � � ` n P 1 LANNING APPLICATION WORKSHEET Q Inlniectlon: T �QF - �P.� Gl� . (O� ( .{ �'' N �, DAIC; -/ -� �2�y�- 1 Y.AK � /�� inlaseclion: CJtI�1) ( o ft � (11 J sA w U." - Analyst: 2 f� -r - J � � Time Period Analy : _LEI i 4UI )� Analyst: bur • � � ��Al^� Time Prriod Analysed: Yl� � T c+�'T`�i+ PYOjcct Nn 1J t y , �' �2 City /Sl ate: �*`-s � �� &) � � PYO�ec, N0 `�^>! C! �!- �`� - l2 CRyl stak: nc�ki- L)I t t V p, nok1NF I L,�10. 58 TOTAL WS STREET 56 TOTAL N S STREET 50 Will TOTAL I WB TOTAL ENSTR E �1 I EWSTREET EITOTAL 2 A © UTOTAL �? NB TOTAL NO 1DUl ED IT - NO LT - ED IT - liq - 6 Z - �{ � MAXIMUM QQ���} NB LT WOTH - � SETH - tj SUM OF CRITICAL CAPACITY WgTH - [ -)c C MAXIMUM SB TH - ✓ ✓l i SUM OF CRITICAL CAPACITY ® VOLUMES LE VEL 02 VOIUMES _LE VEL WB LT - 56 IT - OTC) 1,200 UT:UER - OR 2A W IT LT SB IT � 010 1,2W UGUER ED TH NO 111 - )54 1,201 to 1,100 NEAR EB TN - _ Olt 58 TN - (2 OR 1,201 to I,I1,400 NEAR (--j 2 i > 1.100 L.V /� OVER (// ^� /► ✓� L > 1,1100 OVER 2 _ + - i -- �sCSL__- STATUS?. -sc L ! - C1 J ._ + -- 1[Lil — � `L--- -'b -'-`L - STATUS ►=Y E -W CRITICAL N -5 CRITICAL O� �� p E W CRITICAL N 5 CRITICAL CITY OF BROOKLYN CENTER Council Meeting Date 8/9/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: DISCUSSION ITEM: APPROVAL OF MINUTES - JUNE 28, 1993, REGULAR SESSION AND CONSIDERATION OF ACTION PURSUANT TO RESOLUTION NO. 93 -06 DEPT. APPROVAL: Geralyn . Barone, Personnel Coordinator MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached Si:JAIlVIARY EXPLANATION. sheets attached • (supplemental. ) At Mayor Paulson's request, this item has been placed on the agenda as a discussion item, and all materials, other than the minutes attached to this request form have also been submitted at the Mayor's request. At your July 12, 1993, meeting, you tabled the June 28, 1993, City Council minutes so Council could have an opportunity to review the language of the first full paragraph on page ten. Attached is a copy of the portion of the July 12, 1993, minutes which tabled this item. The minutes are being submitted this evening as originally printed, since no language changes have i been suggested and agreed upon by all Councilmembers. However, the minutes have been amended to reflect a requested name change on page 17 as noted by Councilmember Mann at your July 1993 meeting. y eet ng. Mayor Paulson has also requested consideration of action pursuant to Resolution No. 93 -06, Resolution Declaring ommitment to the Brooklyn Center City Charter Pledging Fair Treatmen t g Y tY g g of Employees, Declaring Against Conflicts of Interest and Misuse of Positions. RECOMMENDED CITY COUNCIL ACTION Review and discuss appropriate language for the first full paragraph on page ten of the June 28, 1993, minutes. Then approve the amended June 28, 1993, minutes. Discuss Mayor Paulson's request regarding Resolution No. 93 -06. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING DISAPPROVAL OF THE REMARKS OF A COUNCILMEMBER WHEREAS, the full City Council for the City of Brooklyn Center affirmed Resolution No. 93 -06 Declaring, in part, Against Misuse of Positions; and WHEREAS, Resolution No. 93 -06 asserts the Council's obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Councilmember Kristen Mann did violate the norms of acceptable and courteous business behavior in her remarks to a local business person during the Council meeting of June 28, 1993. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The Council stands in disapproval of said remarks. 2. The Council asks Councilmember Mann to exercise 0 greater prudence in the future. 3. The Council reaffirms its dedication to ensure that all who come before it will be dealt with pursuant to the norms of acceptable and courteous business behavior. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly P g g Y 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. is -- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 28, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Finance Charlie Hansen, Director of Public Works Sy Knapp, Public Works Coordinator Diane Spector, City Attorney Charlie LeFevere, Police Chief Trevor Hampton, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES Elaine Bernards offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Councilmember Mann thanked City staff and residents for their involvement with Earle Brown Days, which were a success. i Councilmember R n ose e added his thanks and stated he was p p roud of this special event. He reported Councilmember Kalligher has suggested staff be directed to prepare resolutions of appreciation to all who put forth effort to make this an outstanding event. The Council agreed. Councilmember Rosene reported he received a request asking if the Council could establish an informal way for citizens to telephone during Council meetings to provide input. He asked the listening audience to respond to City staff if they are interested in volunteering to answer phones and take notes during the meetings. Councilmember Rosene asked staff 6/28/93 - 1 - to place this item on a future agenda as a discussion item. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. The City Manager requested the addition of item 10.1, consideration of a Resolution in Support of Hennepin County's Proposed Improvements to Brooklyn Boulevard, 64th Avenue North to 71st Avenue N. APPROVAL OF MINUTES JUNE 14, 1993 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of June 14, 1993, regular session as printed. The motion passed unanimously. i RESOLUTIONS RESOLUTION NO. 93 -89 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE ROTARY CLUB OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -90 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE BROOKDALE AREA STORM WATER PLANNING STUDY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -91 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING LOAD LIMITS ON PENN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH AND ON 55TH AVENUE NORTH FROM PENN AVENUE TO LOGAN AVENUE NORTH 6/28/93 - 2 - The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -92 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1992 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1992 -10, CONTRACT 1992 -E The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -93 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BROOKLYN BOULEVARD SIDEWALK REPAIRS (IMPROVEMENT PROJECT NO. 1993-08), ADA TRAIL IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1993 -09), REPLACEMENT OF DEFECTIVE SIDEWALKS IN MISCELLANEOUS LOCATIONS (IMPROVEMENT PROJECT NO. 1993 -10), EXPANSION OF PARKING LOT IN SOUTH PALMER LAKE PARK (IMPROVEMENT PROJECT NO. 1993 -11), REPAIR OF FREEWAY BOULEVARD (IMPROVEMENT PROJECT NO. 1993 -12), AND RECONSTRUCTION OF APPARATUS AREA IN NORTHPORT PARK (IMPROVEMENT PROJECT NO. 1993 -13), CONTRACT 1993 -E The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -94 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FURNISHING AND INSTALLING PLAYGROUND APPARATUS AT NORTHPORT PARK AND AT FREEWAY PARK, IMPROVEMENT PROJECT NO, 1993 -14, CONTRACT 1993 -F The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -95 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 6/28/93 - 3 - The motion for o the adoption of the foregoing p ego g was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -96 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -97 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 6/28/93) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -98 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE E 993 GENERAL FUND BUDGET TO RECOGNIZE THE GRANT FOR THE "AT RISK YOUTH OUTREACH WORKER" PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -99 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING MODIFICATION TO COMMUNITY DEVELOPMENT BLOCK GRANT JOINT COOPERATION AGREEMENT TO PROVIDE FOR ADMINISTRATIVE SERVICES FOR THE BROOKLYN CENTER COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION DEFERRED LOAN PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 6/28/93 - 4 - RESOLUTION NO. 93 -100 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF TWENTY AIR TANKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -101 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF FOUR SCOTT AIR PACS WITH TWO SPARE MASKS APPROVED IN THE 1993 FIRE DEPARTMENT BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 93 -102 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 1,600 FEET OF FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Chi -Chi's 2101 Freeway Boulevard Lynbrook Bowl 6357 N. Lilac Drive AMUSEMENT DEVICES - VENDOR American Amusement Arcades 850 Decatur Avenue GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation 875 Prior Avenue N. Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street 6/28/93 - 5 - MECHANICAL SYSTEMS Associated Mechanical Contractors, Inc. P.O. Box 237 A. Binder & Son, Inc. 222 Hardman Avenue Northern States Power Company 414 Nicollet Mall RENTAL DWELLINGS Initial: Pow -Bel Company Hi -Crest Apartments Norwest Enterprises, Inc. 5533 James Avenue N. John & Gail Lambert 5900 Washburn Avenue N. Renewal: Henry Ulhorn 5207 E. Twin Lake Boulevard Douglas G. Finch 6637 Xerxes Place N. Menninger Youth Program of MN 6012 Zenith Avenue N. Craig & Barbara Bennel 1807 70th Avenue N. SIGN HANGER Signage Systems, Inc. 10814 County Road 81 The motion passed unanimously. DISCUSSION ITEMS AMERICANS WITH DISABILITIES ACT (ADA) - STATUS REPORT OF TRANSITION PLAN DEVELOPMENT AND REQUEST FOR FUNDS The City Manager explained a committee comprised of City employees has developed the City's Americans with Disabilities Act (ADA) transition plan based on the accessibility evaluation conducted by Julee Quarve- Peterson, Inc. He further explained each item has been prioritized by year and staff requests Council approval to fund items that should be completed in 1993 but have no current budget authorization. In response to Councilmember Kalligher's question, the City Manager responded the plan implementation costs $8,000 more than estimated. The Personnel Coordinator reviewed budgeted items that can be covered by existing funding and those that will be included as a separate request. Councilmember Scott expressed her appreciation to staff for the informative report which was presented in an easily understood format. The Personnel Coordinator indicated the Committee worked hard to refine the information. Councilmember Mann expressed her support for the program, stating it is a proactive approach. 6/28/93 - 6 - 0 The City Manager introduced a Resolution Amending the 1993 General Fund Budget for Certain ADA Compliance Expenditures. RESOLUTION NO. 93 -103 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET FOR CERTAIN ADA COMPLIANCE EXPENDITURES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. STAFF RECOMMENDATION TO CREATE THE POSITION OF IMS TECHNICIAN WITHIN THE PUBLIC WORKS DEPARTMENT The City Manager stated staff is requesting consideration of creating the position of IMS Technician in the Public Works Department which can be funded from several sources. He further stated one of the primary reasons for the request is the need for computer capability in the Public Works Department. The Director of Public Works reviewed staff's recommendation which is being made at this time, in part, because of the upcoming retirement of the current dispatcher. He explained the need for overlap between the retiring employee and new employee, and staff's desire to deal with the central garage recommendation by the City's auditor. He further explained staff supports this recommendation and hopes to have the central garage in operation by January 1, 1994; however, accomplishing this will require an employee who understands the concept and has computer knowledge. Councilmember Rosene expressed his support for computerization which is more efficient. In response to Councilmember Rosene's question regarding salary, the Director of Public Works explained this position would be equivalent to an Engineering Tech 3 and the maximum yearly salary would be $39,000, which is the top range, not starting wage. He added staff will review the Comp Worth Plan to determine the exact level. The Director of Public Works stated the total cost, including fringe benefits is $47,000 which would be charged to the public utility fund, not the general fund. Councilmember Scott asked what will happen prior to the retirement, and if the part -time position would be eliminated when the IMS Technician is hired. The Director of Public Works clarified the part -time clerk is not needed once the IMS Tech is hired. He added the part -time employee may be interested in the permanent position. Councilmember Mann asked if existing staff could absorb the duties once a system is organized and set up rather than adding a position. The Director of Public Works answered staff could not, especially since computer knowledge is essential. 6/28/93 - 7 Councilmember Kalligher asked if the Council had determined to establish a central garage, and whether there was adequate funding in the budget for this new position. The Director of Public Works responded at this point both the clerk and part time clerk are paid from the general fund. He explained in the future these costs for staffing, if the concept is approved by Council, would be charged to the central garage. The public utility fund will also carry substantial costs result in a net break -even impact to the general fund, or possibly even a reduction. Councilmember Scott and the Public Works Director reviewed the responsibilities that will be assumed by an IMS Technician. Mayor Paulson expressed concern that consideration of this issue is on somewhat of a "fast track," and consideration of creating a central garage should take place during 1994 budget discussions. He pointed out a lot of time was spent investigating the City's dispatching service as well as the communication position, which he felt resulted in a better proposal. He stated more time should be spent considering this issue. The Director of Public Works stated this issue is being brought up at this time for two reasons: 1. the present employee will be retiring and there is a need for overlap, and 2. compliance with the auditor's recommendation to establish a central garage system so it becomes an enterprise fund and the need for computer knowledge to accomplish task. He further stated staff is recommending whatever is necessary to implement the central garage by January 1, 1994. The City Manager stated approval of staff's recommendation would tY g pp upgrade the current position to someone with computer capabilities. The Director of Public Works informed the Council one factor for the employee's retirement by January 1, 1994 is the window of opportunity established by the Legislature which may not be available again. Councilmember Rosene indicated support of staff's recommendation. He stated he sees the need for computerized systems which are more efficient and saves tax dollars, but hopes staff hears the Council's desire to receive more information, as soon as possible, regarding upcoming retirements. The City Manager introduced a Resolution Amending the 1993 Pay Plan. RESOLUTION NO. 93 -104 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. 6/28/93 _ 8 - Vote: four ayes, one nay. The motion passed. Mayor Paulson voted nay. 1992 ANNUAL REPORTS FROM THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND THE WEST MISSISSIPPI WATERSHED COMMISSION The City Manager explained Brooklyn Center is part of two watershed commissions, the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. He stated the 1992 annual reports from these commissions have been submitted for Council review and acceptance. The Director of Public Works reviewed the area encompassed by each district and the State requirement to prepare annual reports for each. He also reviewed the responsibilities and duties of the Watershed Commissions in reviewing construction projects, assuring conformance with their standards and making recommendations. He stated the City is in the process of preparing a local water management plan which will compliment the Commission's plan. Councilmember Mann questioned funding for the Watershed Districts. The Director of Public Works explained funding is allocated 50% on the basis of area and 50% of the tax capacity of the nine cities involved in the JPA. He explained that the city's annual costs of participating in these organizations is paid from the Storm Drange Utility. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to accept the 1992 annual reports from the Single Creek Watershed Management Commission and the West Mississippi Watershed Commission. The motion passed unanimously. DISCUSSION OF RFP FOR TOWING SERVICE (REQUEST OF COUNCILMEMBER MANN Councilmember Mann expressed concern the City is using a towing service they are currently in litigation with. The City Attorney stated this case was referred to the League of Minnesota Insurance Trust and is not yet resolved. Councilmember Mann stated she realizes the costs do not warrant an RFP but she was concerned about comments made by Mr. Cardinal in his court testimony indicating "...they don't give contracts, nobody does. Nobody gives written contracts any more, they just give it to their buddy..." Councilmember Mann stated she does not think this is right and an RFP should be considered so any one of the fine towing companies in the City can submit a bid. Councilmember Kalligher asked if Cardinal Towing and West Towing are the only services with storage facilities that meet Police Department requirements. The Police Chief stated they are. He explained the Department's current policy to use these two towing companies on a rotating basis, and this decision traditionally resides with his office. He further stated for five years West Towing was used exclusively until March of 1993 at which time Cardinal Towing was included. 6/28/93 - 9 - Councilmember Rosene asked if the Council could request RFP's from only Brooklyn Center towing services, or if it had to be opened to companies from all communities. The City Attorney stated it may not be lawful to restrict the RFP to Brooklyn Center towing services, however, a prompt response clause could be included which would require proximity but not necessarily residency. Councilmember Mann expressed concern regarding Cardinal's ability to respond to calls for picking up a vehicle and the public safety issues involved. The City Manager stated there are a great number of towing services in Brooklyn Center but not many have the required storage capability in a secured yard that is reasonably convenient to the public. He reviewed the four larger towing services in the area. Councilmember Rosene stated he would normally agree with Councilmember Mann's suggestion to require an RFP process to assure the best quality and price, but in this case, it may be creating more problems than would be solved. He further stated he has talked with Mr. Cardinal who indicated he has all of the required licenses, and not all other towing services do. Councilmember Scott stated she does not feel an RFP is necessary in this case, but there may be other licensed towing services who have adequate storage. She suggested staff contact other towing services to see if they are interested in working with the City. If they are, they can contact the Police Chief and be rotated into the schedule. Councilmember Mann agreed with this suggestion. Mayor Paulson said a "level playing field" was needed so there is no favoritism. The Police Chief reported a survey had been done less than a year ago on the cost for towing services which indicates Cardinal Towing and West Towing are the lowest available. Council consensus was reached to direct staff to contact other towing services and inform them of the City's need for towing services and secured storage. PUBLIC HEARING REGARDING PROPOSED STORM WATER POND PARK AND RIDE FACILITY AND PARK DEVELOPMENT IN THE SOUTHWESTERLY QUADRANT OF THE I- 694BROOKLYN BOULEVARD INTERCHANGE The City Manager stated on May 24, 1993, the City Council adopted a resolution calling for a public hearing regarding the City's proposed storm water pond, MTC's proposed park and ride facility and possible additional park land. These improvements are proposed for the southwesterly quadrant of the 1-694/Brooklyn Boulevard Interchange. 6/28/93 - 10- The Director of Public Works stated public hearing notice was published in the Brooklyn Center Post on June 9, 1993, and individual notices mailed out to all property owners and residents within 300 feet of the proposed facilities. He explained this project was initiated by a City study of the 99th Avenue storm drainage system, resulting in a recommendation to construct three storm water ponds. He further explained residents were also notified of the four informational meetings held regarding these improvements. The Director of Public Works reported the City Council approved hiring SRF to develop a detailed plan which shows storm water pond construction. In response, SRF developed three plans, Alternates 1, 2 and 3. The Director of Public Works explained the MTC is studying the potential of constructing a park and ride facility in the same area, and would like a minimum of 200 parking spaces. He then provided a detailed review of each alternate for the Council and audience, pointing out the number of parking spaces, ingress, egress, intended circulation pattern, and landscaping used for screening. The Director of Public Works pointed out the proposed apparatus area in Alternative 3 which could accommodate a use such as a basketball area. He explained if Alternative 3 were approved, staff would have to work with the neighborhood and Park and Recreation department to determine specific recreational uses for the property. The Director of Public Works next reviewed the estimated costs for each alternative. He reported acquisition of property and development of a two stage pond for Alternative 3 would be $600,000 to $650,000, and the cost for the park and ride facility (acquisition and construction) is estimated at $1.4 to $1.7 million. He explained the additional recreational space would cost an additional $600,000 to $700,000 for acquisition and development. He further explained the City has an agreement with MTC whereby they will cover the costs relative to acquisition and development of the park and ride facility. He added the City would be responsible for costs associated with the pond and recreational area. With regard to funding, the Director of Public Works explained the acquisition costs for the pond are programmed into the 1993 storm drainage utility budget, and the construction costs will need to be included in the 1994 storm drainage utility budget. He further explained these costs are not part of the general fund or tax levy. Staff recommends the costs for the four to five properties on 65th Avenue be split between the drainage utility fund and capital improvement project fund. The Director of Public Works reported Park and Recreation Commissioners attended the informational meetings and after considering all the information, unanimously recommended consideration of Alternative 3. Aaron Isaacs, MTC, stated their interest in this site is part of a larger plan to upgrade service to Brooklyn Center and Brooklyn Park, especially the express bus service. Mr. Isaacs explained they are looking for a location that provides direct access to I -694 in an effort to provide faster, more competitive service. He further explained they approached staff regarding this four acre site and found the City was also looking at it for storm water ponding. Because of this, a joint project was considered to lower design costs. Mr. Isaacs reviewed the intended bus routes that would use this facility and their access onto I -694. 6/28/93 - 11 - He stated this park and ride facility will attract people who drive from neighborhoods west and north of the site. Mr. Isaacs explained MTC has budgeted money for land acquisition this year and will approach the federal government for construction dollars, or will approach the MTC Commission for local funds for construction in 1994. He pointed out Mayor Paulson is a member of the MTC Commission. Farrol Robinson, MTC, reviewed the circulation for each of the three alternatives and reported MnDOT plans to reconstruct the bus lane from the freeway to 65th Avenue. Mr. Robinson pointed out the site improvements which separate vehicle movement from bus movement. He stated Alternative 3 best serves their purposes and will provide a service level of C or B. The Director of Community Development provided a brief review of the Brooklyn Boulevard Study and the potential that this site be developed to provide service to the community, such as a convenience store, deli, day care, etc. Mayor Paulson opened the meeting for the purpose of a public hearing regarding proposed storm waste pond, park and ride facility and park development in the southwesterly quadrant of the I- 964/Brooklyn Boulevard interchange at 8:37 p.m. Bob McGowan, 6407 N. Marlin Drive, questioned the advisability of retiring tax property and asked what the tax impact will be. He also expressed concern with adding more congestion to the 1 -694 entrance. He stated on Friday it sometimes takes him twenty minutes to gain access to I -694. Mr. McGowan suggested another site be considered, such as Builders Square. The Director of Public Works responded staff has reviewed the impact of removing this property from the tax base. He reported the grand total of the 1993 taxes paid for all property involved is $30,008 and the City's annual portion is $6,600. Regarding the Builders Square site, Mr. Isaacs stated they have not talked with them because they prefer to stay as close to I -694 as possible, and most of the people coming from the north want to minimize their travel distance. He explained MTC has park and ride facilities all along I -694 that result in reducing freeway traffic from the site towards downtown. He further explained this facility will reduce traffic east of the site. The Director of Public Works explained the lane expansion will probably not be constructed until 1997 but may be brought forward one year, depending on funding. He further explained a High Occupancy Vehicle (HOV) lane will be constructed west of Brooklyn Boulevard. He stated MnDOT plans to build a HOV lane from Rogers to downtown so this site would fit into their total plan. Rose Owens, 6520 Brooklyn Boulevard, stated she does not think Brooklyn Boulevard is the right place for single - family homes. She explained she has lived on Brooklyn Boulevard and because of the traffic levels and tight turn lanes, does not think a bus will be able to travel 6/28/93 - 12- north on Brooklyn Boulevard and make a right turn into the bus lane. Scott Schultz 6425 Marlin a n Drive, presented the following petition: June 21, 1993 We are OPPOSED to the PARK & RIDE proposed for the northwest corner of 65th and Brooklyn Boulevard in Brooklyn Center. Name Address Floyd Schmidt 6436 Marlin Dr. Katherine Adams 6442 Marlin Dr. Eugene J. Adams 6442 Marlin Dr. Shane Wald 4013- 65th Ave. N. Scott Wald 4013- 65th Ave. N. Eleanor Baldy 4007- 65th Ave. N. Thomas Baldy 4007- 65th Ave. N. Bill Wendt 4001- 65th Ave. N. Rose Friedl 4012- 65th Ave. N. Arnold J. Fried] 4012- 65th Ave. N. Julie A. Bible 6443 Marlin Dr. Larry Schultz 6437 Marlin Dr. Shirley Schmidt 6436 Marlin Dr. Brian Jones 6443 June Ave. N. Cheryl Filipiak 4412- 65th Ave. N. Ken Halvorsen 4312- 65th Ave. N. Debra Siddings 4312- 65th Ave. N. Patty Gorman 4212- 65th Ave. N. Eero Mattson 4206- 65th Ave. N. Russell M. Wald 4013- 65th Ave. N. David L. Sverson 6431 Marlin Dr. Kalen M. Schultz 6425 Marlin Dr. Scott R. Schultz 6425 Marlin Dr. Elizabeth M. Schick 6419 Marlin Dr. F.R. Welma 6419 Marlin Dr. Mary Ann McGoulan 6407 N. Marlin Dr. Robert. E. McGoulan 6407 N. Marlin Dr. Patricia A. Skomars 6419 Marlin Dr. E.A. Welna 6419 Marlin Dr. Mrs. Joe Bednarczyk 6412 Marlin Dr. Mr. Joe Bednarczyk 6412 Marlin Dr. Mr. Jerry Weyland 6400 Marlin Dr. Cathy Weyland 6400 Marlin Dr. Cheryl Larson 6312 Indiana Ave. N. 6/28/93 - 13 - Homer Carey 6307 Indiana Ave. N. Ruth Carey 6307 Indiana Ave. N. Jim Fischer 6330 Indiana Ave. N. Irene Fischer 6330 Indiana Ave. N. Charles B. Skomans 6418 Marlin Dr. Anne K. Vik 6436 Indiana Ave. N. Mr. W.K. Tamblyn 4201- 65th Ave. N. Mrs. W.K. Tamblyn 4201- 65th Ave. N. Al Engleman 6343 Indiana Ave. N. Mr. Scott Cundiff 6424 Indiana Ave. N. Mrs. Scott Cundiff 6424 Indiana Ave. N. Mr. Sidney Chaffee 6431 Indiana Ave. N. Mrs. Sidney Chaffee 6431 Indiana Ave. N. David H. Turnbull 6325 Indiana Ave. N. Joe Lovitt 6406 Indiana Ave. N. David A. Nyquist 6412 Indiana Ave. N. Eric S. Peohler 4201 Winchester Lane Mr. Douglas Vickman 6506 Indiana Ave. Mrs. Douglas Vickman 6506 Indiana Ave. Mr. Cleon Larson 6424 Marlin Dr. Mr. Schultz stated he spoke with residents beyond the 300 foot notification and found many supported the storm water improvements but were concerned about the park and ride facility and felt they should be treated as separate issues. Mr. Schultz stated he heard the following concerns from residents he contacted: dual use of property such as the Builders Square site, the Brookdale park and ride facility is not being used to capacity, desire for less paved -over property, cost versus return, use of undeveloped property for this facility rather than residential property, increase in crime since the facility will be screened from Brooklyn Boulevard, the need for a telephone at the facility, impact on surrounding property values, treatment of ponding water, mosquito control, and safety of children and pets. The City Manager explained the two stage pond allows solids to settle out before going into the creek and river. He further explained a dragline will be used occasionally to remove solids from the pond. He stated the City has not received complaints about the smell from other ponds and the Mosquito Control District treats the ponds, if necessary. He further stated issues regarding safety were addressed at the informational meetings, and other communities with similar ponds have not had problems with children or pets. The Director of Public Works explained the proposed pond was designed to provide a gentle slope, 4 to 1 above the water level and 6 to 1 below. He further explained this design was recommended as desirable by the Shingle Creek Watershed Commission who also recommend a fence not be constructed. The Director of Public Works stated staff will continue to work with adjacent property owners to reach a consensus regarding the fence. 6/28/93 - 14 - CORRECTION RECESS Mayor Paulson recessed the meeting at 8:57 p.m. The meeting was reconvened at 9:05 p.m. The City Manager addressed concerns expressed regarding increase in traffic to this site by pointing out a light industrial, retail, or medium density residential use would generate more traffic than the proposed park and ride facility. Mr. Isaacs explained this facility is the cornerstone for their plan to speed service from the northern portion of Brooklyn Center and is the highest priority for park and ride facilities. With regard to a joint use, Mr. Isaac stated they have several and found churches are compatible. He explained they have not found retail sites to work as well because of the parking concern. Councilmember Kalligher asked if they have studied ridership and number of cars per day that will use a facility like this. Mr. Isaacs responded there is no definite guarantee so they have based their assumptions on the number of units per acre and past experience. Councilmember Rosene commented on the benefit of increasing MTC ridership since it reduces freeway traffic. Bill Wendt, 4001 65th Avenue N., stated this area already has a lot of traffic and is quite congested. He pointed out with Alternate 3, each bus will pass by his home twice. He further stated a major ramp reconstruction would be needed to accommodate bus traffic. Mr. Wendt stated he supports the storm drainage project but is concerned about the park and ride facility and resulting safety for neighborhood children who will be attracted to the site. He further stated the plan shows many plantings and landscaping berms which look wonderful, but only if they are planted and cared for. Mr. Isaacs responded the HOV ramp reconstruction will result in buses being able to easily make turning movements. Debra Braun, 4023 65th Avenue N., stated she doubt buses will be able to handle the curve on 65th Avenue because it is too narrow. She reported she has lived in this neighborhood for ten years and her house, and her neighbor's house have been hit by cars that cannot make the curve. Ms. Braun reported on the congestion also being experienced at the dental office. Mrs. Leroy Evensen, 4112 65th Avenue N., stated she has lived in this area for 16 years and found no one has developed the site in question because it is a swamp. She further stated 200 cars going into this site every day during rush hour will be very dangerous and cause longer traffic delays. She asked that more detailed plans be presented on how traffic circulation will work. Ms. Evensen reported she asked for a stop sign at Indiana Avenue 16 years ago but it was never approved. She commented she did not know the Mayor was on the MTC Commission. 6/28/93 - 15 - Ken Halvorsen, 4312 65th Avenue N., stated a park and ride facility on this side will result in major reconstruction. Because of this, he suggested the undeveloped property at the northeast corner of Xerxes Avenue and I -94 be considered. Clarence Dudley, 6510 Brooklyn Boulevard, stated he has lived in Brooklyn Center for 35 years and felt the pollution on Brooklyn Boulevard has become a problem. He objected to the added pollution this facility would create and removing it from the tax base. He explained he is on a fixed income and is concerned that his taxes increase every year. Dan Ryan, 6442 Indiana Avenue N., expressed concern about traffic patterns, especially access to the proposed park and ride facility. He stated the freeway entrance being discussed is one of the busiest intersections in the metro area and adding a park and ride facility will cause nothing but further problems. He further stated he is concerned about the safety of neighborhood children and how this facility would function during peak hours. He suggested the northeast corner of Brooklyn Boulevard and 69th Avenue be considered. Ms. Dale Anderson, 6313 Indiana Avenue N., expressed concern regarding traffic cutting through the neighborhood on Indiana Avenue if they cannot get freeway access. Floyd Schmidt, 6436 Marlin Drive, commented on the traffic delays he experiences getting to his property during the day. He stated a park and ride facility will result in traffic stacking up if they try to make a left turn onto Brooklyn Boulevard. Doug Vickman, 6506 Indiana Avenue N., stated residents were told in February the parking lot would hold only 200 cars, and now the number has increased to 235. The City Manager stated the same three alternatives, holding 200 to 235 cars, were presented at the informational meetings. Ron Christensen, 6101 June Avenue, stated it appears the MTC needs a park and ride facility somewhere in this area but this may not be the appropriate site. He suggested MTC be asked to find a different site. Crystal Solem, 3910 65th Avenue N., expressed concern about the intersection being dangerous and school children will be attracted to the site, especially during the summer months. Leroy Evensen, 4112 65th Avenue N., questioned whether this low property would ever be developed. He stated he has no objection to the storm pond improvements but felt the proposed park and ride access from Brooklyn Boulevard was dangerous. He questioned past proposals for this site. The City Manager reviewed past proposals which included a church and mini storage business. He noted a retail store or deli would require a rezoning. Mr. Evensen stated every freeway improvement has come ten years too late. He added the freeway cut off north /south and east /west residential streets which changed traffic patterns 6/28/93 - 16 - 0 CORRECTION and resulted in 65th Avenue carrying more traffic. He stated approval of the park and ride facility would mean the residents of this neighborhood would have to sacrifice their health and welfare. He stated Brooklyn Center residents should not be asked to do this for people who live miles away. Doug Stewart, 6518 Indiana Avenue, stated he works for a courier service and is in traffic all day. He further stated traffic on the north end of the metro area is terrible and some of the intersections are the worst in town. He stated he does not feel the Builders Square site is appropriate because of the left turn needed to get onto the site, which he felt would be backed up all the way to the freeway. Mr. Halvorson commented cars wanting to use this facility may find it is already full and have to reenter traffic, which will cause even more congestion. Hazel Beterick, 4010 65th Avenue N., stated she owns the four -plex apartments and was surprised to learn they are paying 20% of the taxes from the 14 properties involved. She stated they were required to do a $5,000 upgrade of their property several years ago and had to expand their parking lot. Ms. Beterick stated she has no objection to the traffic situation since she does not live in this area. She requested a timely response from the Council so they can determine whether to make improvements before winter. Mayor Paulson explained the process usually taken involves holding a public hearing to receive public input and then directing staff to address those concerns in the proposal to the residents satisfaction. He stated he feels City staff does a good job in incorporating those concerns into proposals. He explained this is an early phase for the project under discussion and he welcomes resident's input. Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 9:44 p.m. The motion passed unanimously. Councilmember Mann addressed the concern expressed by Mrs. Leroy Evensen that the Mayor was on the MTC Commission and stated she felt a conflict of interest exists. Councilmember Mann suggested the Mayor take part in the discussion but abstain from the final vote. She stated her concern the park and ride facility will adversely impact the quality of life for residents due to traffic congestion and pollution. She further stated residents supported Alternative 3 because the two stage pond would reduce the impact on the two parks, but she does not feel the storm water improvement and park and ride facilities needed to be combined. Councilmember Mann indicated her support of Alternate 3 without the park and ride facility. 6/28/93 - 17- Councilmember Kalligher concurred regarding traffic congestion and pollution concerns. She stated she supports park and ride facilities but not at this corner. She suggested MTC look for alternate sites such as 69th Avenue and Xerxes Avenue or the Country Store. Councilmember Kalligher indicated her support for the storm water pond. Councilmember Scott concurred. She stated a park and ride is badly needed to serve residents of Brooklyn Center but the proposed site is not suitable because of the curve on 65th Avenue. Councilmember Scott pointed out she suggested six months ago that MTC look at the vacant property on 53rd Avenue and Lyndale which has direct access to the freeway ramp and is available for purchase. She stated residents of this area have had to attend many meetings regarding this site. She supported Alternative 2 or 3 without the park and ride facility. Councilmember Rosene stated it appears the Council has not done their homework well enough. He further stated resident's comments indicate they are not against the storm water ponding project, believe the park and ride facility is needed, but this is not the proper location. He indicated he is not going to force residents to accept a park and ride facility since their sentiment is clearly against it. He asked how this process got so far without the Council being aware of the sentiment against the park and ride facility. Mayor Paulson commented this facility was supported by the Council following a work session because they felt it would bring money into the community from federal ISTEA money, but now after the public hearing their opinion has changed. He stated this indicates the Council is listening to their constituents. He requested a legal opinion regarding this 0 position as an MTC Commissioner. The City Attorney responded in addressing a legal conflict of interest as a court would, he does not think anything under discussion would rise to the level where a court would invalidate a decision based on the Mayor's participation or abstention. Regarding a political conflict of interest, the City Attorney declined to comment since the public's perception of an action is not a legal question. He stated it is up to each Councilmember to be mindful of the perception of the public in matters they have an interest or bias in. Councilmember Rosene questioned whether the public's sentiment would have been different if the proposal had taken some land from the park and ride facility to widen 65th Avenue. He reported one resident from the apartment contacted him indicating support of the park and ride facility. The City Manager introduced a Resolution Ordering Storm Water Pond Improvements Project No. 1992 -29 and Appropriating Funds Therefore. 6/28/93 - 18 - RESOLUTION 93 -105 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 AND PARK DEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher. The Director of Public Works clarified the resolution would approve the non -park and ride facility portion of Alternate 3, which includes the acquisition of four properties on 65th Avenue. Bill Williams, 4018 65th Avenue N., stated the residents voicing objections tonight should have provided input at the informational meetings. He further stated a park and ride facility would be good for the city and will reduce the number of cars on the freeway. He pointed out a park and ride facility would produce less traffic than other uses, and the traffic would only be heavy during limited periods of time. Scott Schultz stated he attended the informational meetings and it was his impression they were just that, to obtain information about the proposal. He reiterated his previous comments stating support for the storm water pond but not the park and ride facility. Councilmember Kalligher explained it is never too late to provide input for Council's consideration, and she appreciated all who attended to state their opinion. Ken Halvorson asked if less property could be acquired, thus reducing the cost, if the park and ride facility is not included. The City Manager suggested this be left flexible so the Council can consider whether the existing house should be left adjacent to the apartments. Mayor Paulson asked what type of development could take place on this parcel. The Director of Public Works stated based on its existing zoning of C -1, an office /commercial type of development could take place. He further stated the Brooklyn Boulevard Study indicates approval of this type of development (Alternative 3). He suggested the Council direct staff to work with the MTC to final alternative sites. Councilmember Rosene concurred there are alternate sites which could be considered, however, he does not want to eliminate this site from consideration. He stated he is not anxious to see this site used for a park and ride facility until all other alternatives have been fully addressed. The City Manager stated the City usually does not renotify residents but felt in this case it should be done so all are aware. 6/28/93 - 19 - Councilmember Scott called the question. Vote: Four ayes, one abstain. The motion carried. Mayor Paulson abstained from . votin Y g There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct City staff to work with MTC representatives and to provide alternate locations for a park and ride facility in Brooklyn Center. Vote: Four ayes, one abstain. The motion carried. Mayor Paulson abstained from voting. The City Manager introduced a Resolution Providing for the Acquisition of Real Property for Storm Water Pond Improvement Project No. 1992 -29. RESOLUTION NO. 93 -106 Member Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ACQUISITION OF REAL PROPERTY FOR STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Kalligher the motion passed unanimously. RECESS Mayor Paulson recessed the meeting at 10:16 p.m. The meeting was reconvened by Mayor Pro tem Rosene at 10:27 p.m., at which time Mayor Paulson chaired the meeting. DISCUSSION OF FEASIBILITY OF CABLECASTING COUNCIL WORK SESSIONS (REQUEST OF COUNCILMEMBER MANN) Councilmember Mann stated families today are very busy and often times unable to attend meetings. She suggested staff obtain a cost estimate to cablecast Council work sessions so this information can be made available to residents. The City Manager reported it costs $57.50 per hour to cablecast. He added another consideration is the Council Chambers is the only room available for cablecasting, which may make scheduling more difficult. Councilmember Mann stated she felt this would be money well spent. There was a motion by Councilmember Mann to broadcast work sessions held in the Council Chambers. No second was received for this motion. Councilmember Rosene pointed out most items brought forward at work sessions are discussed again at Council meetings. He added the work sessions are open to the public for any one interested in attending. Councilmember Kalligher agreed and added she prefers a more relaxed atmosphere for work session discussions. 6/28/93 -20- Councilmember Rosene stated major issues, such as the town forum on the budget, have been cablecast. He suggested this matter be considered on a case by case basis depending on the topic under discussion. He also suggested the meeting agenda be cablecast. Mayor Paulson stated he always advocates communication with residents but did have one resident tell him he would have spoken at the public hearing tonight if the cameras were turned off. He further stated the Council also needs to respect the resident's privacy. Councilmember Scott stated she supported cablecasting the work session agenda and location of the meeting. She further stated she has not been asked why work sessions are not cablecast but has received calls from residents who are intimidated by the cameras and would not speak at the meeting because of them. She felt a more informal setting encouraged discussion. Council consensus was reached to take no action to cablecast work sessions. RESOLUTIONS - CONTINUED The City Manager introduced a Resolution in Support of Hennepin County's Proposed Improvements to Brooklyn Boulevard, 64th Avenue North to 71st Avenue North. The Director of Public Works explained Hennepin County is in the process of developing an ISTEA/STP grant application for funding ts proposed Brooklyn Boulevard improvement rovement P P Y P project. One requirement of this application is the inclusion of resolutions of support from affected jurisdictions. Councilmember Kalligher questioned the resolution section referring to a park and ride facility. he Director ty. cto of Public Works pointed out it does not indicate a location. Councilmember Mann stated this was added to the agenda tonight and asked if it can be held over to the next meeting. The Director of Public Works stated it cannot since the application deadline is July 7, 1993. RESOLUTION NO. 93 -107 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION IN SUPPORT OF HENNEPIN COUNTY'S PROPOSED IMPROVEMENTS TO BROOKLYN BOULEVARD, 64TH AVENUE NORTH TO 71ST AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Vote: four ayes, one abstain. The motion passed. Councilmember Mann abstained from voting. 6/28/93 -21 - ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:47 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 6/28/93 - 22- GARBAGE AND REFUSE COLLECTION VEHICLES - (CONTINUED) 16 Super Cycle, Inc. 775 Rice Street T T & L Sanitation Service P.O. Box 34695 Twin City Sanitation 279 Meadowood Lane Walz Bros. Sanitation, Inc. P.O. Box 627 Waste Management - Blaine 10050 Maples Street NE Woodlake Sanitary Service, Inc. 4000 Hamel Road MECHANICAL SYSTEMS Fore Mechanical P.O. Box 130788 Gilbert Mechanical 4451 West 76th Street RENTAL DWELLINGS Initial: Linda L. Jensen 6700 Quail Avenue N. Renewal: ROI Properties erties P 6303 Brookly ookl Drive Helene Ebhardt 5639 Girard Avenue N. Leslie G. Reinhardt 5713 Humboldt Avenue N. Lewis/Vivian Hedlund 5316 Russell Avenue N. The motion passed unanimously. APPROVAL OF MINUTES JUNE 21 1993 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of June 21, 1993, special work session as printed. The motion passed unanimously with Councilmembers Kalligher and Mann abstaining. JUNE 28 1993 - REGULAR SESSION Mayor Paulson expressed concern with the wording of the first full paragraph on page ten. He stated he has requested language from the Secretary to reflect the verbatim statement. He requested this item be tabled to the July 26, 1993, meeting so Council has an opportunity to review the language and take whatever action they feel appropriate. Councilmember Mann stated the name in the eighth paragraph on P a g e 17 should be Mrs. Leroy Evensen. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to table approval of the minutes of June 28, 1993, regular session until the July 26, 1993 meeting. The motion passed unanimously. 7/12/93 _ 4 _ TRANSCRIPT FROM MINUTES Councilmember Rosene asked if the Council could request RFP s from only Brooklyn Ccntcr towing services, or if it had to be opened to companies from all communities. The City Attorney stated it may not be lawful to restrict the RFP to Brooklyn Center towing services, however, a prompt response clause could be included which would require proximity but not necessarily residency. Councilmember Mann expressed concern regarding Cardinal's ab1)itY to respond to calls forRicking. up a vehicle and the public safety issues involved. The City Manager stated there are a great number of towing services in Brooklyn Center but not many have the required storage capability in a secured yard that is reasonably convenient to the public. He reviewed the four larger towing services in the area. TRANSCRIPT OF THE TAPE Mann: Well, I thought public s*ty was part of the issue here too about towing, and I have a real concern here. If you look in court records when Mr. Cardinal is asked about If he had read one of our City ordinances, he can't read. How does he find these addresses to pick up these trucks Mr. Cardinal? The City Manager ... 5!JGGESTED LANGUAGE Councilmember Mann expressed concern regarding Mr. Cardinal's ability to read the addresses and respond to calls for picking up a vehicle. The City Manager ... From the Desk of CARLA WIRTH Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION N0. 93 -06 RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council /Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards and commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides for four Council members and a Mayor, all elected at large, with the Mayor entitled to a single vote as other Council members and who in addition serves as presiding officer of the Council and as official head of the City for ceremonial purposes; and WHEREAS, the Charter provides that "the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City "; and WHEREAS, the Charter provides that "the Council and the City Manager, or either of them, and any officer or officers formally authorized by them, or either of them, shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers "; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to police its own conduct and to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and I RESOLUTION NO. 93 -06 WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. To rededicate itself to the spirit and letter of the City Charter, and to call to account any of its members who ignore the spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable and to reaffirm its commitment to the first amendment rights of the U.S. Constitution. 3. To pledge that no employees suffer recriminations, abuse or humiliation for acting in a forthright, proper, honest, and candid manner in performing their responsibilities. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner. Any City officials or employees, elected or appointed, who engage in conflict of interest or who use their positions in a self - serving manner, having the effect of promoting their own financial interest or the financial interest of a friend, associate, business employer, or relative instead of the public interest, shall be subject to censure by the City Council. 5. To direct the City Manager to place this resolution for readoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council /Manager responsibilities. January 25, 1993 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Barb Kalligher, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 8/99/93 Agenda Item Number a , 4z " REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE DEPT. APPROVAL: Gerald G. Splinter, City Manage MANAGER'S REVIEW/RECOMAMNDATION: No comments to supplement this report Comments below /attached • SUND IARY EXPLANATION: (supplemental sheets attached ) In 1990, Brooklyn Center entered into a joint powers agreement with Brooklyn Park, Maple Grove, and Coon Rapids for a Drug Task Force. This agreement was for a three -year period. In 1993, the cities entered into a new joint powers agreement which added the City of Anoka. This agreement was for a one -year period and will be reviewed for renewal on a year -to -year basis. A copy of the 1994 agreement is attached for the City Council's review. This agreement must be approved by the governing board of each of the participating cities, and the Drug Task Force must submit its application for a grant to the Federal government prior to January 1, 1994. Brooklyn Center's financial commitment for 1994 is in the police department's 1994 budget request. RECOMMENDED CITY COUNCIL ACTION The City Council authorize the Mayor and City Manager to enter into a joint and cooperative agreement for the formation and administration of the Hennepin -Anoka Suburban Drug Task Force. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE WHEREAS, the City believes drug abuse and related criminal activities are an important law enforcement problem to be addressed within the community; and WHEREAS, the nature of drug law enforcement does not lend itself to jurisdictional boundaries; and WHEREAS, the City recognizes resource shortages which make effective, organized drug enforcement difficult on a jurisdiction -by- jurisdiction basis; and WHEREAS, the City of Brooklyn Center deems this joint powers agreement to be desirable and within 1994 budget requests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to enter into a joint and cooperative agreement for the formation and administration of the Hennepin -Anoka Suburban Drug Task Force. Date Todd Paulson, Mayor ATTEST: Deputy 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. JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE I. PARTIES The parties of this agreement are political subdivisions of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. II. GENERAL PURPOSE The parties hereto find that drug abuse, and related criminal activities, have increased significantly within their communities in recent years. The completion and opening of the Highway 610 bridge over the Mississippi River has provided a corridor for drug trafficking between the parties. The nature of drug law enforcement does not lend itself to jurisdictional boundaries, and the individual parties hereto suffer from resource shortages which make effective, organized drug enforcement difficult on a jurisdiction by jurisdiction basis. The general purpose of this agreement is to provide coordination and joint enforcement within the parties of controlled substance violations as defined in federal, state and local statutes. III. NAME The joint enforcement project shall be known as the Hennepin- Anoka Suburban Drug Task Force. IV. MEMBERSHIP The parties to this agreement shall be the cities of Anoka, -1- Brooklyn Center, Brooklyn Park, Coon Rapids and Maple Grove. All parties shall execute a copy of this agreement and conform to all provisions herein. V. ADMINISTRATION A Task Force Advisory Board consisting of the Chief of Police or his or her designee from each party, the coordinator, and a prosecuting attorney each from Anoka and Hennepin Counties shall have overall responsibility for administration of the project. The City of Brooklyn Park will provide the day to day administration through a line supervisor assigned full time to the task force. The Task Force Advisory Board shall hold meetings as determined to be necessary by the members of the board. The Advisory Board members which have voting authority will be the Chief of Police or his or her designee from each party. The coordinator and prosecuting attorneys will serve in an advisory capacity and have no voting authority. The Advisory Board members will have a vote which is weighted in proportion to the number of officers committed to the task force as follows: Brooklyn Park 3 votes Coon Rapids 3 votes Anoka 1 vote Brooklyn Center 1 vote Maple Grove 1 vote In any issue requiring a vote of the advisory board, a quorum of four voting members must be present to vote. In order for a motion to pass, a majority vote shall consist of at least five votes. -2- The Advisory Board shall elect a chair to conduct board 0 meetings and serve as liaison between the parties, the coordinator, and the board. VI. OPERATION Section 1. The Task Force shall consist of nine full -time peace officers P.O.S.T. licensed to practice law enforcement as defined in Minnesota Statutes, Chapter 626. The officers will be assigned to the task force by the parties as follows: Brooklyn Park 1- Sergeant, 2- Officers Coon Rapids 3- Officers Anoka 1- officer Brooklyn Center 1- Officer Maple Grove 1- Officer Section 2. Chain of Command. The Task Force coordinator shall be the supervisor of the Task Force and will be the Sergeant assigned to the Task Force from Brooklyn Park. The coordinator shall serve at the pleasure of the Advisory Board an d may be removed by a majority vote of the board. The coordinator reports directly to the advisory board. The officers assigned to the Task Force report to the coordinator. Section 3. Clerical. The Task Force may hire clerical support for the task force from the grant budget. Section 4. Equipment. Equipment purchased by the Advisory Board during the grant period for Task Force usage shall be divided amongst the parties by the advisory board at the end of the grant period if this agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, all -3- equipment owned by the task force will be distributed between the parties as decided by the Advisory Board. Parties are expected to also utilize their own equipment such as body transmitters and surveillance vans on an as needed basis. Section 5. Facilities. Each Task Force member will work out of a centrally located office furnished and maintained by the Task Force as provided in the annual grant budget. Section 6. Purchase of Evidence /Information. The Task Force coordinator will maintain an accounting of all confidential funds utilized for the purchase of evidence and information and to pay investigative expenses incurred by the Task Force. Each Task Force officer will fill out a "Confidential Funds Receipt" when obtaining advances of confidential funds from the coordinator. Upon expenditure of confidential funds by a Task Force officer, a "Payment for Evidence and Information" form will be completed by the officer making the expenditure and this form will be forwarded in a timely fashion to the coordinator. The coordinator will maintain a master expenditure log for all Task Force officers. Each individual officer will maintain an individual expenditure log for confidential funds. The coordinator will audit the confidential funds on a regular basis and will file the necessary quarterly report with the Office of Drug Policy of the Minnesota Department of Public Safety. Any evidence obtained or seized by the Task Force will be maintained in the department property room of the officer -4- assigned as the case agent. 00 Section 7. Supplies. Office supplies will be provided by the Task Force under the grant budget. Any supplies not itemized in the annual budget will be provided by the officer's agency. Operating supplies such as vehicle fuel and vehicle maintenance will be the responsibility of the officer's agency. Section 8. Sworn Personnel Each party is providing licensed peace officers under the conditions outlined herein. Wages and benefits for these officers will be absorbed by the officer's employing agency during the grant period. Wage and benefit reimbursement, to include overtime costs, may be_ reimbursed through the grant as approved by the Advisory Board. An officer assigned to the Task Force by a party may be removed from the Task Force through a majority vote of the Advisory Board. The party shall then appoint a suitable replacement for the removed officer. Peace officers assigned to the Task Force shall be equipped by their employing parties with appropriate police credentials and suitable firearms. The employing party will be responsible for providing any P.O.S.T. required training to their officers assigned to the Task Force. The Advisory Board may direct additional, specialized training to be paid through the grant budget. Section 9. Vehicles The Task Force shall lease one vehicle -5- for each officer assigned to the Task Force. Each party will be responsible for fuel, insurance, and maintenance costs incurred by the vehicle leased for them. Upon termination of this.agreement, the leased vehicles will either be absorbed by the parties or returned to the leasing agency. VII. TASKS Section 1. The primary function and responsibility of the Task Force is to detect, investigate, gather evidence, and apprehend drug traffickers within the geographic area of the parties. As a result of the nature of covert undercover operations it is anticipated that undercover operatives may detect or become aware of other crimes. The Task Force will continue to pursue those avenues of investigation only upon recommendation of the Task Force coordinator and by permission of the Chief of Police of the particular party involved. Section 2. It is the mission priority of this unit to investigate drug wholesalers (those individuals that bring drugs into the task force area), street level drug distributors, those persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals who attempt to acquire pharmaceutical drugs in violation of the provisions of Minnesota Statutes, Chapter 152. Section 3. A function of the Task Force will be to gather and to disseminate controlled substance intelligence information. The Task Force will maintain an ongoing intelligence filing system. The Task Force will attempt to -6- investigate those leads, maintain on file that information, and upon request disseminate that information to the parties hereto. Section 4. With permission of the Task Force coordinator, the Task Force will provide training to member parties requesting that service. Requests for community drug education and drug awareness will be provided only upon permission of the Task Force coordinator and the police department of that particular party. Section 5. Public announcements concerning the function of the Task Force will be made only by permission of the Advisory Board in conjunction with the parties to this agreement and by approval of the Chief of Police of the party in which that release is to be made. Section 6. Public announcements concerning arrests or investigations conducted by the Task Force will be made by the Chief of Police of that party or his or her designee where that arrest was made and upon approval of the Task Force coordinator. News releases concerning the Task Force's function, investigations, and /or arrests will not be made by any Task Force officer unless specifically requested by the Chief of Police with permission of the Task Force coordinator or the Advisory Board. VIII. Financial Matters Section 1. The fiscal year of the Task Force shall be the calendar year. -7- I Section 2. The Finance Department of the City of Brooklyn Park will be responsible for the administration of all funds coming under the direct supervision of the Task Force whether Federal grant funds,- contributions of the parties or seized assets pending forfeiture. Section 3. The Task Force Advisory Board shall direct the coordinator to prepare an annual grant application including proposed budget which will be submitted to the parties on or before the first day of August. The Advisory Board shall submit the approved grant application and budget to the Office of Drug Policy by the deadline established by the Office of Drug Policy. Section 4. Funding shall be in the form of a matching grant from the Federal government. The contributions of the parties shall be at least 25% of the total budget of $188,748. An individual party's financial contribution shall be proportioned to the number of officers committed to the task force as follows: Brooklyn Park $15,729 (1/3) Coon Rapids $15,729 (1/3) Anoka $ 5,243 (1/9) Brooklyn Center $ 5,243 (1/9) Maple Grove $ 5,243 (1/9) Section 5. Any assets seized by the Task Force and awarded to the Task Force through administrative of judicial proceedings, shall be distributed to the parties on a periodic basis as determined by the board. The formula for distribution of these assets shall be proportioned as follows: -8- Brooklyn Park 33.33% can Rapids 33.33% Anoka 11.11% Brooklyn Center 11.11% Maple Grove 11.11% Section 6. The coordinator, upon direction and approval of the Advisory Board, is authorized to sign and enter into contracts on behalf of the Task Force as may be necessary. I%. DEPUTATION Officers assigned to the Task Force, while performing their assigned duties as Task Force officers in a member city other than their own jurisdiction, shall have the same powers, duties, privileges and immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the Task Force or by the member city in which the duty or duties are being performed. Any worker's compensation claim or work related injury that may occur as a result of working with the task force shall be the sole responsibility of the officer's home jurisdiction. Any civil or criminal litigation that may be taken against any officer as a result of working with the Task Force will be the sole responsibility of the officer's home jurisdiction. Further, the authority granted hereunder extends only so far as may be necessary to complete the duties assigned to the officers, and terminates at the expiration of this agreement and any extension thereof. The intent of the indemnification requirement of this Section is to impose on each city a limited duty to defend and indemnify other cities for claims arising within its jurisdiction. The purpose of creating these reciprocal -9- duties to defend and indemnify is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants in a single occurrence to be defended by a single attorney. Therefor, each city's duty to defend and indemnify as provided in this Section shall not apply to any claim that would not be covered by the League of Minnesota Cities Insurance Trust's standard liability coverage document, including optional errors and omissions coverage. Further, each city's duty to indemnify shall not exceed $600,000 less any amount which must be paid for such claim on behalf of the indemnitor as the covered party. X. DURATION Section 1. The Task Force shall commence operations on January 1, 1994 and continue through December 31, 1994. The task force may then be renewed on a year to year basis through the execution of a new agreement. -10- DATED: CITY OF ANOKA By Its By Its DATED: CITY OF BROOKLYN CENTER By Its By Its DATED: CITY OF BROOKLYN PARK By Its By Its DATED: CITY OF COON RAPIDS By Its By Its DATED: CITY OF MAPLE GROVE By Its By Its —11— CITY OF BROOKLYN CENTER counci t Meeting Date 8 -9 -93 Agenda Item Number a b REQUEST FOR COUNCIL CONSIDERATION ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AWARDING SALE OF $120,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1993, FIXING FORM AND TERMS THEREOF AND PROVIDING FOR THEIR PAYMENT DEPT. APPROVAL: C A•ai1,Q.a.Q H a -%4Ri1,% Charles Hansen, Finance Director ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECD ATIO. ti No comments to supplement this report Comments below /attached ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The City of Brooklyn Center has used Certificates of Indebtedness to • finance the purchase of capital equipment in the General Fund for several years. It began with $700,000 issued in 1991 which purchased all of that year's equipment, including a fire truck. Another $480,000 was issued in 1992. This financing device was initiated in part as a way to ease the constraints placed upon the City by levy limitations. For 1993, these limitations were removed entirely. In crafting the 1993 budget, it was decided that because of the higher long term costs of certificates of indebtedness, it would be better to switch back to a pay as you go method of buying capital equipment. To ease the transition, $120,000 of certificates were included in the 1993 budget as way of phasing out of their use. The commitment was made to use no certificates in the 1994 budget. The attached resolution provides for the sale of these $120,000 of certificates of indebtedness, as specified in the adopted 1993 budget. The certificates will be sold by the General Fund and purchased by the Investment Trust Fund to be held as a common investment of all city funds. They will be repaid over the period of 1993 through 1995, and the amount needed for 1993 debt service was included in the amount certified to Hennepin County for property taxes payable in 1993. An interest rate of 8% is charged on the certificates, which is the rate we are using for most other internal borrowing. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING SALE OF $120,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1993, FIXING FORM AND TERMS THEREOF AND PROVIDING FOR THEIR PAYMENT --------------------------- BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. It is hereby determined to be necessary and expedient that the City issue and sell equipment certificates in the amount of $120,000 pursuant to Section 412.301, Minnesota Statutes, for the purpose of purchasing capital equipment. 2. Such obligations may be sold without a public sale pursuant to Section 475.60, Subd. 2(2), Minnesota Statutes. Accordingly, the City shall purchase for its Investment Trust Fund, from amounts therein not needed prior to maturity, $120,000 General Obligation Equipment Certificates of Indebtedness of 1993 of the City (the "Certificates "), bearing interest at the rate of 8.00% per annum, at a price of $120,000 plus accrued interest and on the terms set forth herein. 3. The certificates shall be in the aggregate principal amount of $120,000, shall be dated January 1, 1993, interest payable December 31, 1993 and annually thereafter on December 31 in each year and shall mature serially on December 31 in the years and amounts as follows: $40,000 in 1993, $40,000 in 1994, and $40,000 in 1995. 4. The Certificates shall be payable upon presentation at the office of the City Director of Finance, in Brooklyn Center, Minnesota. 5. The Certificates shall be prepared under the direction of the City Clerk and when so prepared shall be executed on behalf of the City by the manual signatures of the Mayor and the City Manager, under its official seal. 6. There is hereby created a separate debt service fund for said Certificates, which shall be held by the Director of Finance and used for no other purpose than to pay principal of and interest on said Certificates, provided, that, if any payment of principal or interest shall become due when there is not sufficient money in said fund to pay the same, the Director of Finance shall pay such principal or interest RESOLUTION NO. from the General Fund of the City, and said General Fund shall be reimbursed for such advances out of the proceeds of the taxes heretofore levied as described below or other moneys appropriated by the City Council for such purpose. Into said debt service fund shall be paid all proceeds of such taxes levied and such other moneys as may be received by the City for the purpose of or appropriated to the payment of said certificates and interest. 7. The City has heretofore levied a tax collectible in 1993 in the amount of $49,600 which is sufficient to pay principal and interest due December 31, 1993 and there is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of other general taxes of the City, which tax is in the years and amounts as follows: Year Collectible Amount of Levy 1994 $46,400 1995 43,200 "Each of said levies shall be irrepealable, but the City reserves the right to reduce said levies in the manner and'to the extent permitted by law. Date Todd Paulson, Mayor ATTEST: Deputy 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 CITY OF BROOKLYN CENTER Council Meeting Date 84/93 Agenda Item Number �� e REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AMENDING THE 1993 GENERAL FUND BUDGET TO RECOGNIZE THE GRANT FOR THE FORESTRY PROGRAM DEPT. APPROVAL: Charles R. Hansen, Director of Finance MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No The Council on February 22, 1993 considered and approved the 1993 forestry program. This program included a Small Business Administration Boulevard Tree Planting Program, to be funded in part by a $5,000 grant from the Small Business Administration. In previous action, the Council had carried over from 1992 funds, which had been dedicated for forestry but which were unexpended in 1992, to match the grant. This resolution formally amends the budget by recognizing the receipt of the grant. The SBA Grant program was implemented this spring in conjunction with the Residential Reforestation program. Forty -eight property owners took advantage of the program to have a tree planted on the boulevard in front of their home. The participants could choose between an American Linden, Norway Maple, or Bicolor White Oak. The average cost to the property owner, who was required to pay one - fourth the cost of having the tree planted, was about $27. The City paid one - fourth the cost, and the grant paid the remaining half. In addition, SBA funds were used to plant 19 trees on City- maintained boulevards, and three trees at the entrance drive to the Civic Center. The cost of these trees was split 50/50 between the grant and city funds. RECOMMENDED CITY COUNCIL ACTION Approve the resolution amending the budget and formally accepting the $5,000 SBA grant. 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO RECOGNIZE THE GRANT FOR THE FORESTRY PROGRAM ------------------------------------------------------------ WHEREAS, Section 7.08 of the City Charter does provide the City Council with the authority to increase a budget appropriation if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the Small Business Administration has awarded the City a $5,000 grant to support a tree planting program; and WHEREAS, the Engineering Department has devised a tree planting program which meets the grant requirements; and WHEREAS, the City Council by previous action carried over to the 1993 budget $5,000 appropriated in 1992 for the purpose of matching said grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the 1993 General Fund Budget as follows: 1. Increase the estimated revenues for Federal Grants: $5,000 2. Increase the Streets Department appropriation for landscaping materials: $5,000 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meetin Date 08/09/93 Agenda Item Number C1 REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROV : f, Sy Knapp, erector of Public Works , MANAGER'S REVIEW/RECOMMENDATION: t No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDED CITY COUNCIL ACTION It is recommended the Council adopt the attached resolution. Member introduced the following resolution and a moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/09/93 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- CITY OF BROOKLYN CENTER CENTERBROOK GOLF 100 EDWARD & THRESSA NOBLE 5117 XERXES AVE N 101 MARILYN WONG 6006 WASHBURN AVE N 102 ROGER & GERALDING REGER 5024 FRANCE AVE N 103 HAZEL ANDERSON 5918 JUNE AVE N 104 CHARLES KINCH 4218 66TH AVE N 105 WALTER & JOYCE KOWALOZYK 5112 66TH AVE N 106 KATHERINE GRIMMER 5322 FREMONT AVE N 107 MARION MCKINLEY 5706 JAMES AVE N 108 JAMES GENADEK 6307 XERXES AVE N 109 CITY OF B.C. NORTHPORT PARK 110 S & G ASSOCIATES LOT 1,BLOCK T,TANAMI ADN 87 BROOKDALE THREE LTD.PRTNR. 6160 SUMMIT DR 88 ANN BORDERS 3201 62ND AVE N 89 NORM CHAZIN 1308 69TH AVE N 90 RICHARD & MAY TRAINOR 6945 INDIANA AVE N 91 THOMAS & JANET POHL 6945 JUNE AVE N 92 THOMAS & JANET POHL 6945 JUNE AVE N 93 MICHAEL BICE 6932 JUNE AVE N 94 MICHAEL BICE 6932 JUNE AVE N 95 ROGER & DARLENE GUSTAFSON 6935 JUNE AVE N 96 7100 BROOKLYN BLVD. ASSOC. 7100 BROOKLYN BLVD 97 BRUCE & BARBARA SUNDBERG 5433 DUPONT AVE N 98 CITY OF BROOKLYN CENTER CENTERBROOK GOLF 99 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. I Date Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date August 9, 1993 Agenda Item Number 1 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA, DBA APPLEBEE'S DEPT. APPROVAL: OF Trevor A. Hampton, Chief of Police MANAGER'S REVIEW /RECOMMENDATION: - 7�4 No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached no) • Apple American Limited Partnership f Minnesota has applied for a Class B and Sunda On -Sale P PP Y Intoxicating Liquor License, located at 1347 Brookdale Center. The Apple American Limited Partnership of Minnesota is currently in the process of purchasing a number of Applebee's Restaurants in the state of Minnesota. The Apple American Limited Partnership of Minnesota is also involved in owning approximately 32 Applebee's Restaurants throughout the United States. Applebee's International Incorporated is a publicly held, stock owned corporation of which members of Apple American Limited are part and parcel. This entire incorporation is a publicly exchanged stock which is regulated by the Security and Exchange Commission of the United States. Their records are available, not only federally but in the state of Minnesota. This location has previously been and is currently licensed under the ownership of Midwest Restaurant Associates, Inc. A background investigation was conducted by Investigator M. Catherine Hennessy regarding the on -site General Manager and applicant. Nothing was found in that investigation under State Statute or City Ordinance that would preclude the issuance of a new license at this time. RECOMMENDED CITY COUNCIL ACTION • The City Council approve issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to Apple American Limited Partnership of Minnesota, dba Applebee's. CITY OF BROOKLYN CENTER Council Meeting Date 8/9/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: M Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONEWENDATION. No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. N i icenses to be approved by the City Council on August 9, 1993: MECHANICAL SYSTEMS Blaine Heating, Air Cond. & Electric, Inc. 13562 Central Avenue NE Building Official ,ok_ RENTAL DWELLINGS Initial: David Theisen 5601 Lyndale Ave. N. Renewal: Thomas & Joanne Limond Humboldt Square Apts. Robert Nechal 5332 -36 Russell Ave. N. Fred /Judie Swenson 5340 -44 Russell Ave. N. Director of ,ak Community Development GENERAL APPROVAL: Sharon Knutson, Deputy City Clerk