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Home My WebLink About1992 11-23 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 23, 1992 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 form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: *a. November 9, 1992 - Regular Session *b. November 10, 1992 - Budget Work Session *c. November 12, 1992 - Budget Work Session 8. Proclamation: *a. Declaring November 30 - December 4, 1992, as Manufacturers' Week 9. Ordinance: a. An Ordinance Amending Chapter 6 of the City Ordinances Regarding the Administrative Code of the City -This item will delete the Department of Planning and Inspection and the Director of Planning and Inspection and add the Department of Community Development and Director of Community Development as proposed in the 1993 budget. This item is offered for a first reading this evening. 10. Discussion Items: a. Designation of a Third Presiding Official for City Council b. 1993 Council Meeting Schedule C. Violation of Zoning Ordinance Odor Standards - Woodco Products, 6800 Shingle Creek Parkway 40 d. 1992 Priorities Update CITY COUNCIL AGENDA -2- November 23 1992 e. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Greenstrip Requirements 11. Resolutions: a. Regarding the Disposition of Planning Commission Application No. 92002 Submitted by Phillips 66 Company b. Regarding the Disposition of Planning Commission Application No. 92003 Submitted by Phillips 66 Company C. Regarding the Disposition of Planning Commission Application No. 92001 Submitted by Phillips 66 Company *d. Acknowledging Gift from the Brooklyn Center Lions Club *e. Establishing Project, Approving Plans and Specifications, Accepting Proposal and Awarding Contract for Improvement Project No. 1992 -26, Wells No.4 & No. 9 Maintenance f. Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs *g. Authorizing Mayor and City Manager to Execute Third -Party Agreements for Year XVIII Urban Hennepin County Community Development Block Grant Program -These third party agreements include the City's Home Rehabilitation Grant Program, the City's Scattered Site Acquisition Program and the Household Outside Maintenance for the Elderly (H.O.M.E.) *h. Accepting Work Performed for Improvement Project 92 -02, Local Area Network System for the City of Brooklyn Center Facilities *12. Licenses 13. Adjournment EXECUTIVE SESSION OF CITY COUNCIL TO DISCUSS STRATEGY FOR LABOR CONTRACT NEGOTIATIONS. CITY OF BROOKLYN CENTER Council Meeting Date November 23, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES OF NOVEMBER 9, 1992 - REGULAR SESSION CITY COUNCIL MINUTES OF NOVEMBER 10, 1992 - BUDGET WORK SESSION CITY COUNCIL MINUTES OF NOVEMBER 12, 1992 - BUDGET WORK SESSION DEPT. APPROVAL: N A It Patti A. Page, Deputy City Clerk MANAGER'S REVIEW/RECOABIENDATION: No comments to supplement this report Comments below /attached SUNEMLARY EXPLANATION: (supplemental sheets attached ) • RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND T14E STATE OF MINNESOTA REGULAR SESSION NOVEMBER 9, 1992 CITY HALM CALL TQ 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, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, Public Works Coordinator Diane Spector, and Council Secretary Nancy Berg. OPENING CEREMONIES A moment of Silence was observed. 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 Mayor Paulson reported a letter from Village. Properties has been received requesting the City Council delay action on the request to convert up to eight two- bedroom apartment sets to three- bedroom and one bedroom units because the owners of Village Properties are out - of -town, The Council agreed to delay action until December 14, 1992. Mayor Paulson announced the winners of the October recycling awards. He congratulated Jan Scholla, Rod Johnson, Donald Kermeen and Robert Marcus. Councilmember Rosene reported he met with the City Manager and the Police Chief last Wednesday in regard to the citizen's forum on public safety. Councilmember Rmcne further stated progress is being made and a good plan will be implemented in the near future. 11/9/92 - 1 - APPROVAL OF AGENDA AND QONS NT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Scott requested item 7b be removed from the Consent Agenda. APPROVAL OF MINUTES OCTOBER 26, 1992 - REGUL R SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of the October 26, 1992, meeting as printed. The motion passed unanimously. NOVEMBER 3, 1992 - REGULAR SESSION There was a motion by Councilmember Scott wed seconded by Councilmember Cohen to approve the minutes of the November 3, 1992, meeting as printed. The motion passed: four ayes, one abstain. Mayor Paulson abstained from voting. RESOLUTIONS RESOLUTION NO, 92 -252 Member C'.clia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED, APPROVING FINAL PAYMENT, AND APPROVING SETTLEMENTAOREEMENT WITH BONDING COMPANY FOR WATER DISTRIBUTION SYSTEM IMPROVEMENT PROJECT NOS. 1990 -03 AND 1990 -03A, AND REPLACEMENT OF ENTRANCE DRIVE TO LIFT STATION #1, IMPROVEMENT PROJECT NO. 1992 -41, CONTRACT 1992 -H The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -253 Member Celiil Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH EVERGREEN DEVELOPMENT GROUP The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 11/9!92 -2 R . OL UTIQN NO, 92 -254 Membcr Celiu Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID DIVISION PROVIDING FOR REIMBURSEMENT OF COSTS INCURRED FOR CERTIFICATION OF CITY PERSONNEL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. BE SOLUTION NO, 92 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING BROOKLYN CENTER ADVISORY COMMISSION BYLAWS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list ot licenses: CHRISTMAS TREE SALES LOT P.C.T. Company 5616 - 101st Avenue N. p Y 5040 Brooklyn 13oulevard Jcrry's NewMarket 5801 Xerxes Avenue N. QARBAGE AND REFUSF, COLLECTIQN VEHICLE K & S Sanitation 24 Crossway Drive MECHANICAL SYSTEMS D 3's Huu iuig and Air Cond. 6060 Leboaux Avenue S.B.S. Mechanical, Inc. 7160 Madison Avenue W. RENTAL DWELLINGS Renewal: Gar -Nan Management Co. Humbolt Courts Walt Halberg 1326 - 67th Lane N. Marlyn and Gayle Kruse 2101 - 71st Avenue N. The motion passed unanimously. 11 -3- PLANNINQ COMMISSION ITEMS, The City Manager introduced Planning Commission Application No. 92014 submitted by the 50's Grill restaurant requesting site and building plan approval to construct an approximate 12'x40' addition to the south side of the 50's Grill restaurant at 5524 Brooklyn Boulevard. This application was considered by the Planning Commission at its October 29, 1992, meeting and approval was recommended. The Director of Planning and Inspection used transparencies illustrating elevations of the building, a survey of the property, and a map of the area. He explained the addition will be for kitchen expansion, but not for additional customer seating. The Director of Planning and Inspection informed Council the Planning Commission recommended approval of this application subject to five conditions; listed on pages two and three of the October 29, 1992, Planning Commission minutes. Mayor Paulson asked if this application required an ordinance amendment. The Director of Planning and Inspection answered yes, the ordinance amendment was effective on November 5, 1992, Councilmember Scott asked if there will be extra fire protection on the south wall. The Director of Planning and Inspection answered there will be. See ,A There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve Planning Commission Application No, 92014 submitted by the 50's Grill restaurant 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 issuance of permits to assure completion of all approved site improvements. 4. The building addition 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. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. es. Councilmember Rosene stated he hoped the ordinance amendment would not change the look of our community. 11/9!92 -4- The motion passed unanimously. See B. The City Manager introduced Planning Commission Application No. 92003 submitted by Phillips 66 Company. This application is a companion to Application No. 92001. Explained that originally, it was a setback variance, now, it is a greenstrip variance. This application was tabled by the City Council at its February 10, 1992, meeting with the applicant's consent. This application was reconsidered by the Planning Commission at its October 29, 1992, meeting and denial was recommended. The City Manager then introduced Planning Commission Application No. 92001 submitted by Phillips 66 Company requesting site and building plan approval to construct a gas station/eonvenienco store /car wash at 6901 Brooklyn Boulevard. This application was tabled by the City Council at its February 10, 1992, meeting with the consent of the applicant and direction to pursue a study of Brooklyn Boulevard which should guide consideration of this proposal. ThG applicant has submitted revised plans which, under City Ordinance, must be reviewed by the Planning Commission, The Planning Commission reconsidered this application at its October 29, 1992, meeting and approval was recommended subject to the adoption of an ordinance amendment. The City Manager then introduced Planning Commission Application No. 92002 submitted by Phillips 66 Company requesting preliminary plat approval. This application was also tabled by the City Council with the applicant's consent at its February 10, 1992, meeting, but did not have to be reconsidered by the Planning Commission. Approval of this application is also recommended, The City Manager recommended the Council consider all three applications together. He g pP g stated these applications were tabled by the City Council on February 10, 1992, following review of the applications and review of a recommendation by the Planning Commission to deny Application No. 92001 and Application No. 92003. He further explained the Planning Commission had recommended approval of the preliminary plat, Application No. 92002, subject to three conditions of approval, The Director of Planning and Inspection further explained the three applications to the Council, and used transparencies to further clarify the current proposal from Phillips 66 Company, He stated the Planning Commission had recommended denial of the variance, and recommended approval of the development plans contingent on an ordinance amendment being adopted to allow the Council an option other than the 15 foot greenstrip. Mayor Paulson questioned why this matter was before the Council prior to the completion of the Brooklyn Boulevard study. The Director of Planning and Inspection answered the applications are back for reconsideration at the applicants request because they have offered revised plans. 11/9/92 -5 - Jon Baccus, Phillips Petroleum Company, explained approximately two years ago Phillips developed a design plan which would function well from customer and operational standpoints, and would meet all city code requirements. He further explained, thereafter, Phillips was advised by City staff that 18 feet along 69th Avenue was needed for possible future widening of 69th Avenue. Mr. Baccus stated the additional 18 feet does not allow Phillips to meet all greenstrip requirements. He showed Council an illustration of the landscaping proposed by Phillips which would include a keystone wall similar to what has been utilized along 69th Avenue. Mr. Baccus informed Council that Phillips is agreeable to using brick on its building instead of the stone they normally use as requested by the City. Mayor Paulson asked if the reason for Phillips' request for Council to decide this matter before the completion of the Brooklyn Boulevard Study, was because of the frontage road possibly being proposed. Mr. Baccus answered no. The City Manager stated the frontage road is only in the discussion stages. He explained the road being discussed is really not a frontage road, but really an access drive going from business to business. The City Manager also stated the consultant, Timothy J. Griffin of Dahlgren Shardlow and Uban, and the Planning Commission recommended the City continue to enforce the setback of 50 feet. Councilmember Rosene asked if the individual businesses agree to have an access road, who would pay for it -- the businesses to share, or just the City? The City Manager answered discussions are in the pr6iminary stages, and the question of financing has not been looked at. The Director of Planning and Inspection stated with respect to the Brooklyn Boulevard Study, the consultants were recommending the City maintain the 50 -foot setback at this time which might accommodate an access drive if needed. Councilmember Cohen asked staff to illustrate on the map the possible site for the access road. The Director of Planning and Inspection showed Council the location, and explained in the current comprehensive plan, the whole triangular area currently, bounded by 69th, Lee and Brooklyn Boulevard is recommended for commercial land use in the future. Mayor Paulson suggested the Council delay' action on this matter until the Brooklyn Boulevard Study is complete, See C. The Planning Commission did not believe the standards for variance were met in this case. The Planning Commission further suggested if the Council is going to vary, do not vary in the setback, just in the 15 -foot greenstrip. Mayor Paulson asked the Director of Planning and Inspection for his recommendation. The Director of Planning and Inspection replied (See D) follow the Planning; Commission's recommendation and amend the zoning ordinance to allow this kind of consideration imsimilar situation. 11/9/92 -6- i Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 92003 submitted by Phillips 66 Company, is a request for a variance from Section 35 -700 of the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North and along Brooklyn Boulevard at 6901 Brooklyn Boulevard; Planning Commission Application No, 92001 submitted by Phillips 66 Company, a request for site and building plan approval to construct a gas station/convcnience store/car wash; and Application No. 92002 submitted by Phillips 66 Company, a request for preliminary plat approval at 8:16 p.m. He inquired if there was anyone present who wished to address the Council. Randy Rau, 6849 Brooklyn Boulevard, stated he owns the Holiday Station, and the Phillips proposal is too large for the property. Mr. Rau stated he does not agree with a 3 -foot keystone wall as a replacement for grass, and the 18 -foot dedication is important to the local businesses, He asked the Director of Planning and Inspection to show where the car wash will be located, and asked if the car wash will have air- powered doors, as they are very loud and will disturb the neighbors, or electric doors which do not make much noise, The Director of Planning and Inspection showed the proposed location of the car wash, and answered he did not know what type of doors Phillips was planning on using. Bob Grosshans, 6920 Lee Avenue North, stated the site is too small, and recommended the City Council deny the applications. Gene Wright, owner of the four -plex next to the proposed car wash, which houses Northwest Residence requested a visual and sound barrier be established between the applicant's property and his property. Mayor Paulson asked the Director of Planning and Inspection if there was a provision for visual and sound barriers, The Director of Planning and Inspection answered there is a proposal for a 6 -foot wood fence along the north and west property lines, Mr. David Nelson, Phillips 66 consultant, stated he would like to know more about the plans for an access road. lie further stated Phillips 66 plans to install benches along the sidewalk because of the loss of greenstrip, and the doors on the car wash will be electric doors. Mr. Nelson stated this application is an opportunity to make something of Brooklyn Boulevard, to develop Brooklyn Boulevard without the City expending any money. Mr. Nelson urged the Council to consider Phillips proposal. Don Lowry, 6914 Lee Avenue North, stated he owns the property at the tip of the triangle. He explained bc. is against this proposal because of the noise and appearance. Mr. Wright asked Mr. Baccus why Phillips wants this property, and why Phillips purchased it prior to receiving approval to build. Mr. Baccus responded when Phillips began working on the site, the building met all requirements -- the property is zoned for a gas station. 11/9/92 -7- There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 8:35 p.m, The motion passed unanimously. Councilmember Scott stated there are many problems with this application including the 15- foot greenstrip minimum, She pointed out if Phillips erects a keystone wall, there will not even he one foot of greenstrip in some areas, Councilmember Scott stated as a City Council we have an obligation to other business owners who have complied with our ordinances. She stated she believes the applicant can alter the plans to meet the requirements and that the 15 foot greenstrip is a minimum requirement for a Brooklyn Boulevard study. Councilmember Cohen respected Councilmember Scott's comments. He explained, however, in Brooklyn Center's RFP, this City Council did make the development proposal for 6901 Brooklyn Boulevard a high priority, He stated this property needs to be developed, and the City has an applicant who will develop the property with their own dollars, not with City money. Councilmember Cohen further stated if the Council wants to move forward with the Brooklyn Boulevard beautification, this proposal meets the requirements. He believed the applicant has brought forward a plan, and it is possible it could be improved upon. He further stated he was in favor of this application. Councilmember Pedlar recalled the Council tabled this matter and asked the consultant to look at this application and the application by the 50's Grill. He stated the 50's Grill has now be dealt with, He further stated he agrees with both Councilmembers Scott and Cohen. Councilmember Pedlar expressed concern about the lack of progress on Brooklyn Boulevard. He reminded Council this is an opportunity to move forward. He agreed there are issues to be dealt with such as the noise and the upkeep of property. Councilmember Pedlar asked the applicants to work with the abutting property owners to alleviate these problems. Councilmember Pedlar read the following statement from the consultant's report: "Apparently by design, the Phillips and Amoco sites are not interested in achieving such a relationship, but rather only stating their corporate identity and presence." He asked for an explanation. The Director . of Planning and Inspection answered the consultant was suggesting Phillips follow the architecture north of 69th Avenue, and to use some imagination with their. See E. Mayor Paulson agreed with many of the concerns of Councilmember Scott. He stated the Council has not really received an answer as to why the applicant brought these applications to the Council before the completion of the. Brooklyn Boulevard Study, Mayor Paulson stressed the importance of looking at the existing businesses and what this will do to them. He asked the Council to have some patience in this matter stating Council has been consistent in approving anything that comes before us. Mayor Paulson pointed out the apposition from residents and from the consultants. He quoted the consultant: 11/9/92 -8- 0 "The purpose of the Brooklyn Boulevard Study is to prepare a plan for the economic preservation and redevelopment of Brooklyn Boulevard. To that end DSU has been commissioned to prepare a plan which integrates economic development requirements and regional and local transportation needs with urban design principles that will create a sense of place that is Brooklyn Boulevard. If the study is to be successful, it will have to do away with rubber stump development prototypes and relentless traffic regulations, while retaining their economic and planning integrity. Then, through the creative application of urban design principles and civic priorities, a distinctive environment for Brooklyn Boulevard will be, created that meets the respective and not necessarily incompatible objectives of an aesthetic landscape, successful commerce and the efficient movement of multi -modal traffic," Mayor Paulson stated he has no problem with a gas station eventually going on this property; but he believed the applicant should comply with the City's regulations. Councilmember Rosene stated there is no single correct vote; there are excellent arguments on both sides. He agreed until some of these problems are worked out, it is not possible to vote on this matter. Cc)uncihnembcr Rosene suggested the applicant agree to continue this matter until the Brooklyn Boulevard Study is complete, and work with the neighboring residents to work out the noise and visual barrier problems. The City Attorney asked the Director of Planning and Inspection what the limitations are in the zoning ordinance upon which City Council would act on these kinds of applications. The Director of Planning and Inspection reported under the zoning ordinance, there are certain time limits. He further explained the Planning Commission has up to 60 days to make its recommendation, which it has, and then the City Council has another 30 days after that to make a final decision, The City Attorney stated unless the Brooklyn Boulevard Study is going to be completed and implemented within 30 days, the applicant can insist on a decision on these applications within that time limit; however, the applicant is free to waive this time limit. Councilmember Rosene summarized the Planning Commission has made their recommendation to approve two of the applications with the third application recommended for approval contingent upon the City Council adopting an ordinance amendment to allow a Council approved substitute for the 15 -foot greenstrip requirement adjacent to public right-of-way, Councilmember Rosene asked if the ordinance is changed, will the Council be within the 30 -day requirement. The City Attorney answered no, because the Planning Commission then would need to publish the proposed ordinance change a two public hearing would need to be held by the Council following publication of the amendments. Councilmember Scott stated the real question for the Council is the variance request for the greenstrip. She stated the site plan cannot be approved if the variance is not approved. 11/9/92 - 9 - The City Attorney stated everything is contingent upon the plat approval. He explained the Council can legally approve or disapprove. The Director of Planning and Inspection suggested if Council denies these applications, that Council direct staff to prepare a resolution outlining Council's reasons for denial to be brought back for the Council's consideration, Councilmember Rosene expressed his uneasiness about doing this sort of creative platting and asked if it is common for an applicant to request such changes. The Director of Planning and Inspection stated the Council cannot ignore the 18 -feet right -of -way requested by Hennepin County, Councilmember Cohen asked if the 18 -feet dedication is required right now. The Director of Planning and Inspection explained Hennepin County has advised staff it will need, at a minimum, 18 feet to widen 69th Avenue. The Director of Public Works advised Council, in his opinion, these improvements to 69th Avenue and the replanting causes the need for the rights of why dedication will take place in 5 to 10 years. There was a motion by Councilmember Rosene and seconded by Mayor Paulson to direct staff to prepare a resolution for denial of Planning Commission Application No. 92042 submitted by Phillips 66 Company is a request for preliminary plat approval. Vote on the motion, three ayes, two nays. The motion passed. Couneilmembers Cohen and Pedlar voted nay. There was a motion by Councilmember Rosene and seconded by Councilmember Scott directing staff to prepare a resolution for denial of Planting Commission Application No. 92003 submitted by Phillips 66 Company, Vote on the motion: four ayes, one nay. The motion passed, Councilmember Pedlar voted nay. There was a motion by Councilmember Scott and seconded by Councilmember Rosene directing staff to prepare a resolution for denial of Planning Commission Application No. 92001 submitted by Phillips 66 Company. Councilmember Cohen opposed the motion stating this application is an opportunity for Brooklyn Center. He explained it is not going to be easy to develop the properties on Brooklyn Boulevard. Councilmember Scott stated she has no problem with'the concept of a filling station on this property, however she stated she will not approve the variance. Councilmember Cohen agreed a variance is not the way to go, however the Planning Commission did give Council an option. He stated he would like to rescrve the right to introduce a resolution to approve an ordinance change as recommended by the Planning Commission. The City Attorney suggested staff prepare findings for Council's review at the next Council meeting. g 11/9/92 -10- i Councilmember Cohen again. suggested Council carefully consider these applications. The City Attorney pointed out the Council will not be voting on these resolutions until the Text Council meeting on November 23, 1992. Councilmember Scott asked the City Attorney if the applicant submitted a revised plan, would it have to go back to the Planning Commission prior to going before the Council. The City Attorney answered if the changes made were not substantial, then it would not have to be referred back to the Planning Commission. He further explained in this case, however, if the applicant came lack with a proposal which did not require a variance, then the Council would have to decide if this public hearing would be adequate or if it should go back to the Planning Commission for reconsideration. Vote on the motion: three- ayes, two nays. The motion passed. Councilmembers Pedlar and Cohen voted nay, There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to directing staff to prepare an ordinance amendment as recommended by the Planning Commission to allow a Council approved substitute for the 15' greenstrip requirement adjacent to public right -of -way. Councilmember Scott stated the timing is totally wrong. She explained the City paid a great deal of money for a consultant and now the Council is not listening to the consultant's advice. Councilmember Rosene stated he is not comfortable with ordinance amendments which take things out of the realm of being clear cut and put Them in the realm of Council's opinion. He explained whenever Council takes things out of a strictly- written ordinance and puts it into Council's opinion, it is a dangerous area. Vote on the motion: three ayes, two nays. The motion passed. Mayor Paulson and Councilmember Scott voted nay. RECE The Brooklyn Center City Council recessed at 9:40 p.m., and reconvened at 9:50 p.m. DISCLJS$ION ITEMS STAFF REPORT R GARDING ICE gONTROL PRACTIgES The City Manager presented the staff report regarding ice control practices stating a suggestion was made during the Financial and Service Prioritization Process to move toward using straight Salt for street ice control rather than the current 80 percent sand/20 percent salt mixture. 11/9/92 The Director of Public Works explained cities have recognized using the sand/salt mixture has a number of disadvantages including: sand provides traction, but does not assist in removing ice which is bonded to pavement; sand fills and blocks catch basins and storm sewers or remains on the streets, necessitating extensive cleanup of streets, sewers, and catch basins each spring and sand collected during cleanup must be disposed of, and opportunities for disposal are becoming less available and more costly. The Director of Public Works further explained if this policy change is approved, street maintenance staff would use this winter, 1992 -93, as a test period. He also explained Salt is considerably more expensive than sand, but much less salt is needed to provide ettective ice control. Councilmember Scott asked the Director of Public Works to clarify the city would be using slightly more salt, but no sand, Tbe Director of Public works answered yes. The City Manager stated there is an increasing cost for disposal of the sand as it has an environmental impact and cannot just be disposed of in a landfill. Councilmember Rosene observed the sand is never completely cleaned up in the spring, and he would like to reduce the amount of sand on the streets. He asked If salt will damage boulevards as much as the sand does. The Director of Public Works said as much damage occurs to boulevards from heavy sand as from the salt accumulation. Councilmember Rosene asked if the City has a mitigation technique to use cattails in storm water ponds. Ile Director of Public Works replied yes. Councilmember Cohen explained his property has a county road on one side and a city road on the other, and the city side, on which sand was used, was worse than the county side, on which salt was used. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the proposed policy change to use salt for street ice control. The motion passed unanimously. ST T REPORT REGA Dl� ING PUBLIC EL7UCATIO PROGRAM- REGARDING ABATEMENT Ol~ WATER POLLUTION The City Manager presented the staff report regarding a public education program regardng abatement of water pollution. He explained. the Storm Drainage Utility annual budget includes $5,000 for public education programs; and at its July 27, 1992 meeting, the Council approved the concept of publishing education material regarding storm drainage and water pollution abatement, and the concept of a coloring contest. 11/9/92 - 12 - The Director of Public Works stated the coloring contest and picture will be published in the City's newsletter, He explained the total cost of the campaign including materials and prizes will total $670, and all costs will be charged to the Storm Drainage Utility, Councilmember Pedlar compared the coloring contest to the D.A.R.E. program and the Fire Prevention Program in that these programs are all targeted at children ages 5 to 8, and he believes targeting this age has contributed greatly to their success. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the implementation of the coloring contest, and authorize the expenditure of funds for materials and prizes, Councilmember Rosene suggested staff consult first, second, and third grade teachers to simplify the wording, and to perhaps improve the sketch of "Stormier The motion passed unanimously. STAFF REPORT RE: RATES AND POLICIES- FOR PUBLIC UTILITIES The City Manager presented the staff report in regard to rates and policies for public utilities. Councilmember Pedlar asked if the Financial n inane al Commissio has reviewed these proposed rates and policies, The City Manager answered yes. Diane Spector, Public Works Coordinator presented the issue of water restrictions. She explained it is recommended the Council approve a policy of automatic, annual water restrictions to encourage water conservation. The restrictions would be a ban on lawn and garden sprinkling during all hours of the day, on an odd -even basis from May 1 to September 30. Councilmember Cohen asked how well the old restriction between 3 to 8 p.m. worked. The Director of Public Works answered it worked well, but this restriction is unly used in drought conditions. The odd -even system would help keep peak water demands within the ` water supply system's capacity, and would allow the postponement of construction of a two million gallon reservoir and pumping station. Councilmember Pedlar asked if residents will. still be allowed to use their own wells, and if so, does this cause a problem with the aquifer. The Cit Manager answered yes, residents may use their own wells, and no it does not cause a problem with the aquifer as the private wells are at a different level than the City's. The Public Works Coordinator presented the issue of water shutoffs. She explained it is recommended the shut off and collections policy be as follows: 11/9/92 - 13 - 1. Continue the policy of issuing red tags and shutting off water to residential and commercial customers who are resident at the property and who are in arrears. 2. Amend the current shut off procedure to provide for a public hearing prior to water shut oft. I Certify as a special assessment all rental property utility accounts more than 60 days past due. 4. Certify as a special assessment all closing bills more than 30 days past due. 5. Certify special assessments for utility service accounts quarterly, rather than annually. Y Councilmember Scott agreed with the recommendations and specifically agreed with certifying special assessments for utility service accounts quarterly rather than annually. The Public Works Coordinator presented the issue of water connection surcharges. The Department of Health has begun billing water utilities a $5.21 per water connection surcharge to fund water testing by the federal Safe Drinking Water Act. She explained the Council has two options to consider in collecting the Water Connection Surcharge. The first option is to charge each customer the $5.21 yearly, regardless of consumption. The second option is to add the surcharge to the overall revenue requirements in determining future utility rates. Diane Spector stated staff recommendation is for Council to adopt the second option as it is fairer than option 1 and is consistent with treatment of other testing costs. Staff further recommended the water charge resulting from the surcharge be a separate line item and identified as a state - mandated charge. Councilmember Pedlar asked if senior citizens are generally lower water consumers. The City Manager answered ten years ago an extensive study of senior citizen consumption was completed, and they did use significantly less water. The Director of Public Works added the study was reviewed two years ago and the water consumption pattern for senior citizens remained the same. Councilmember Rosene emphasized if this surcharge is adopted, the City must heavily publicize the reason for the surcharge. The Director of Public Works explained notes will be sent to all residents. Councilmember Cohen agreed the public must be informed, and recommended also putting the notice right on the utility statement. The Public Works Coordinator p resented the issue of water rates. She explained the C'.nuncil annually reviews established rates for their adequacy and makes adjustments as necessary. She further stated it is recommended that permanent water conservation 11/9/92 - 14 - measures be implemented, starting in 1993; and also the water connection surcharge be included in the rates, rather than passed directly on to customers. Councilmember Rosene stated the rates have gone up due to capital improvements, and he asked if once the capital improvements are completed will the rates go down. The Public Works Coordinator answered it might be possible, in the future, to slow the rate of increase. The Public Works Coordinator presented the issue of water fees and charges. She stated staff has recommended two fee changes: to incrcasc the water meter fee from $40 to $50; and to change the delinquent meter reading fee to $2 the first and second consecutive time, $5 the third time, and $10 the fourth time. The Public Works Coordinator presented the issue of sanitary sewer rates. She explained substantial outlays were made in 1991 and 1992 on four major projects including: construction of new lift station #2; replacement of sanitary mains under 194/694 and near the Brookdalc Shopping Center; and the sanitary main improvements associated with the 69th Avenue street improvement prQjcct. Diane Spector stated staff has recommended the Council consider a rate increase which would be sufficient to support some portion of the capital improvement program, The Public Works Coordinator presented the issue of sanitary sewer fees and charges. She explained no increase is recommended on the fees and charges portion of the water utility rate schedule. The Public Works Coordinator presented the issue of storm drainage utility rates. She stated the City Council, on October 7, 1991, adopted Resolution 91 -246, which established storm drainage utility rates for 1992 and 1993, and the Council annually reviews established rates for their adequacy and makes adjustments as necessary. She further stated the Council has determined that a high priority improvement project is the 63rd/Halifax/Indiana Avenues area, and in order to accomplish this project and any other projects identified for 1993, it is necessary to increase the rates, The Public Works Coordinator presented the issue of water and sanitary sewer hookup rates. She explained the water hookup rates are adjusted annually to account for inflation, and for 1993 that increase will be 3.2 percent. Diane Spector, in summary, stated the overall rate increase will be 14.2 percent. She cautioned that the rates should be looked at in content of how they compare: to other cities in the area, and overall Brooklyn Center is below average. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the automatic odd -even sprinkling ban from May 1 to September 30 of each year. The motion passed unanimously. 11/9/92 - 15 - There was a motion by Councilmember Scott and seconded by Councilmember Rosene to amend the water shutoff policy to clay that shut off for delinquent bills applies only when the responsible person currently resides or is in business at the property, The motion passed unanimously, There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve including the water connection surcharge in the rates, and the surcharge be a separate line item and identified as a state - mandated charge on the utility bills. The motion passed unanimously. Councilmember Pedlar recommended the Financial Commission take a look at the proposed increase to the water rates from $4.64 to $0.73 per 1000 gallons. He was concerned the rates are consistently being increased, Councilmember Cohen stated the City needs to collect the money from the users. He further explained the user of the product should bear their fair share of the cost. Councilmember Pedlar stated there is no incentive for consumers to conserve water. He said the City must look at all financial options, and look at costs. Counuilmember Pedlar expressed the need to do more with less funds. He asked if the overall increase will be 14.2 percent. The Public Works Coordinator answered yes. Councilmember Cohen reiterated the $5.21 increase is due to State mandate, and it is important the citizens be informed of this. He agreed the Financial Commission should tako a look at the rates and policies for public utilities. The Director of Public Works explained the City is dealing with a $5.21 mandate on the water rate and also the newly imposed State sales tax. He also stated the Financial Commission has recommended interest earnings not be used to subsidize utility rates. Implementation of that policy results in rate increases. The Director of Public Works further explained during the prioritization process, the number of issues that were addressed within the public utility system did in fact reflect a reduction in cost. Councilmember Rosene stated the Council has been following the recommendations of the Financial Commission and staff, and if not for their good work, the' rates might have been even higher. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to increase the water rates from $0.64 to $0.73 per 1000 gallons. The motion passed: four ayes, one nay. Councilmcmber Pedlar voted nay. RESOLUTION NC. 92-256 Member Jcrry Pedlar introduced the following resolution and moved its adoption; 11/9/92 -16- RESOLUTION ADOPTING THE WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosone, and the motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to increase the quarterly residential charge from $35.75 to $40.00. The modvn passed. four ayes, one nay. Commissioner Pedlar voted nay. l__UOLUTION NO. 92 -257 Member David Rosenc introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOL_UT ON NO. 92 -258 Member Philip C Bell introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESO"TION NO, 92 -259 Mciuber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. JOINT DISPATCHING VENTURE The City Manager presented the joint dispatching venture explaining this is a proposal to consolidate the City's public safety answering and dispatch operations for the cities of Brooklyn Center, Crystal, Golden Valley, New Hope and Robbinsdale. He further explained the joint facility is proposed to be built in Golden Valley by expanding the lower level of the current public safety facility there or in a separate existing building in Crystal. The City Manager also reviewed for Council the possible timetable for this project. Councilmember Pedlar expressed the need to look at both the dollars and the quality of service. He asked staff to provide Council with a financial pro forma and five -year projection. 11/9/92 -17- RESOIXTIONEO, 92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION OF INTENT RELATING TO JOINT PUBLIC SAFETY DISPATCHING The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Commissioner Cohen asked that a copy of Resolution No. 92 -260 be provided to the Governor. AI)JOURNNIENT There was a motion by Councilmember Scott, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11.25 p.m, Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Burg Northern Counties Secretarial Services 11/9/92 -18 - MINUTES OF THE PROCEEDINGS OF THE BUDGET WORK SE65ION OP' THL CITY OF 13ROOK.LYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 10, 1992 CITY HALL CALL 1!2-ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Todd Paulson at 7:10 p.m. R01 L CALL Mayor Todd Paulson, Commissioners Dave Rosenc, Philip Cohen, Celia Scott, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund; Director of Planning and Inspection Ron Warren; City Assessor Mark Parish; and Council Secretary Nancy Berg. The City Manager presented the proposed City of Brooklyn Center Annual Budget. The Finance Director reviewed the 1903 City Manager's proposed budget for the City of Brooklyn Center including the General Fund, Debt Retirement Funds, Economic Development Authority, and Special Operating fund, He informed Council the budget does not include separate levy for the Housing & Redevelopment authority of $145,619. The Finance Director explained the budget proccss started in January and is continuing to this date. He also reviewed the established truth in taxation public hearing dates, as well as the remaining important blIdget dates. 1Ic also stated the preliminary property tax notices should be received from the county this week, The Finance Director suited the significant problem factors total $952,064. He listed these factors as: Fund balance trarisf'er not available -- $303,725 Nrt w &aw sulus tax -- $100,000 Cut -knack of borrowing for equipment purchases -- $365,000 Economic t)cvclopment Authority first time levy -- $1$3,339 The Finance Director stated in addition to the factors unique to this year's budget, there are other issues that also have a direct bearing on the preparation of this budget. The following is a list of some of them: 11/10/92 1 _ r State aid to cities has been cut each of the past four years, 1989, 1990, 1991, and 1992. Most of these cuts occurred after cities had established their budgets for the year, and were unable to increase the property tax levy to compensate. Cuts to December distributions of 1992 aid payments are still very possible. For 1993, cities are scheduled to receive a three percent increase in local government aid, and that has been guilt into this budget. But, by no means, is there any guarantee that this full amount will be received. Cuts have been made to the budgets the last years because of the revenue cutbacks, However, the city must continue to provide services and programs needed by our citizens. State and federal mandates continue to increase the costs of local governments. The state continues to tightly restrict the sources of revenue which cities may use to finance local services. Brooklyn Center, as well as most Minnesota cities, is making real efforts to provide additional services or to reduce costs, such as cooperative agreements, The State, not cities, determine the property class rates which affect the portion of takes property owners pay, The amount of federal aid to cities has nearly evaporated over the past five years. Cities have either had to reduce services or raise property taxes to pay for programs which were previously funded with federal grants, Population growth substantially increases city costs for new facilities and expanded services, On the other hand, as population declines, the need for services does not immediately decline proportionately. For example, Brooklyn Center still needs to maintain the same number of miles of streets; as the City becomes more commercial, the need for police and fire protection does not go down; and the need for social services goes up, The Finance Director reviewed the following adopted policies for 1993: - In accordance with the City Charter, the total sum appropriated in the general fund annual budget shall be equal to the total estimated general fund revenue and the allocated general fund balance. 11/10/92 - 2 - The City will maintain an undcsignatcd and unreserved general fund balance in an alnau_iit dc;lermined by applying the adequate general fund balance Policy formula as established by the City Council. Prior to adopting the general fund annual budget, the City Council shall review the ad4.�luate general fund balance policy formula, The City Manager when submitting the proposed budget to the City Council sliall submit a balanced budget in which appropriations shall not exceed the total of the estimated general fund revenue and the fund balance available after applying the adequate fLmd balance formula. The Finance Director listed the accounting changes motivated by outside auditor's recommendations: Salary and fringe benefits netted against expense rather than shown as revenue Charge custodial costs to community center to better reflect costs to be recovered The Finance Director presented two areas Im savings: Departmental reorganization -- Community Development, net savings $5$,000 - Health regulation and nd ins ecticin net savings 44 P g $ , 000. The Finance .Director reviewed the prop(ised tax impact showing residential and commercial property tax comparisons from 1992 to 1 993 showing the rate of increase and the rate of decrease. This chart also showcd the 1991 versus 1992 market value of properties, Councilmember Pedlar asked the City Assessor why a small commercial property was valued at $96,000 in 1991, and valued at $84 in 1 99 The City Assessor answered in this case it was an office condominium on 71st and Brooklyn Boulevard. He explained that smaller commercial properties are going dawn in value while other types of property vary differently. For example, gas station values are up, office buildings are either stable or declining and retail values are stable. Councilmember Pedlar asked when appraising the small commercial property, is the income uunsidered. The City Assessor answered yes, income is significantly down. The Finance Director stated the operating buudget increased 1.85 percent, while the capital outlay decreased by 7.5 percent which results in the; total general fund budget increasing 1.39 percent. 11/10/92 _ 3 - The Finance Director stated the Financial Commission had asked why there will be a tax increase. if the expenditures are cut. He answered: - First time levy for F.DA of $183,339 - Fund balance transfer not avail , lble -- $303,725 - Reduction in borrowing for equipment purchases -- $365,000 - Reduction in interest earnings of $140,000 Councilmember Pedlar asked if staff has given consideration to a prioritization process for capital outlay. The Finance Director answered yes, the City Manager has requested each department provide a prioritization of capital c:nitlay. Councilmember Pedlar stated the Council should only be considering very urgent items -- items we need to continue to operate. Councilmember Rosene asked COtlnCilmCmbcr Pedlar what his underlying philosophy is on this. Councilmember Pedlar answered he is accUstor1eci to prioritizing and he likes the process. He compared it to buying a new car. Councilmember Pedlar explained when you buy a new car you have to decide. if it i$ ahs<,lutQly urgent or is it necessary. Councilmember Roscnc askcd if he meant l in and mean, bare bones. Councilmember Pedlar answered no, just retluest capital outlay, that is absolutely urgent, 1 stated we have a paper society and we must find a way to h;indle in the. most cost- effective manner. He explained the Council must ask wh, do we nccd to continue. business -- only that which is necessary to continue Business. Councilmember Rosene stated he has a request for the budget. The Human Rights and Resources Commission has suggcstccl an evening het- together with all commissions, department heads and voluntcers for an apl)rQ.6ation night. 1 is stated the City could get along without this, but it is something that will help the commissions to work together and allow our Commission mcmbcrs to network; with department heads. Councilmember Pedlar stated this is a good i_!ca and he supports it. The Finance Director advised that capital ollllay is still chcaper than people, and to keep this In mind when making decisions. 11/10/92 The Finance Director reported the Financial Commission met last night and after discussion made two reccrrrrrnendations: - They supported the tax increase - Important to set the levy high enough in the event that levy limits are restorcd for 1994 - To build up the fund balance - Recommended after going through prioritization process, the City C OL111 1 risk the City Manager to go through the budget one mo time and cut $75,000, but place the $ 15,000 in tile, contingency fund, Pamela. Foster, Supervising Sanitarian, presentcd the Council with a memo regarding the elimination of the local health program. Nis. Foster stated it is not in the best interest of the residents, businesses and overall community of the cities of Crystal and Brooklyn Center to eliminate their locally shared health prograin transfer to County services. She warned there is no provision for return (-)i' the pro , - to the. City if a City relinquishes the function to a County. Councilmember Cohen asked what kind of scrvicc can the, City expect from the County. The City Manager answered salt has c_c)ntact:d {:ithcr cities Nvht) arc: using the County, and they are generally pleased. He further explain4d the service Nve have now is at a higher level then what we will be receiving if we go to th:' Ccntntti. Councilmember Roseno asked if daycares will Esc required to obtain a license for providing food. Ms. Foster responded affirmatively, Councilmember Pedlar asked if some of the communities who have contracted with the County have retained some sanit aria ns. Ms. Faster answered yes -- Golden Valley, New Hope, Wayzata., and Hopkins have kept a part -tin)c sttnitari�in to thandlc sonic licensing and emergencies. Councilmember pedlar asked if we look at the c)pportunity of retaining the responsibility of restaurant licensing anci seasonal items, would that t ?c t ?udgct neutral. The City Manager answered that would be handled by the $ 1 0, 000 sct aside for emergency situations. He further stated it is staffs judgenicrnt the County is thin plttcV fc)r this responsibility. Councilmember Cohen suggested the City keep its options open, possihly join forces with other citic$ for soin,�. sc.ryitcs it' the Cotanty is slnw ill t'csp( ld;i� 1 is stated if we need 24- hour service, the County will have: to lilok itt the City as t)Cinti th(:ir customer. Ms. Foster stated that Roger Carlson at 11cimepill Cc)unty WOUld w jnt to izc ter the Cowicil's concerns, and she believed lie would want to work with Brooklyn Ccntt�r. 11/10/92 _ ; _ Councilmember Scott stated she was concerned about those inspections the County does not do on a regular basis. She askcd if the $10,000 would cover all those things which might fall through the cracks. The City Manager answered yes, staff believes so, Councilmember Rosene asked staff to provide Council with cost comparisons between using Hennepin County for these services versus remaining with the present plan. Councilmember Rosene expressed concern about the additional licensing fees for establishments serving food, such as church -run daycares and Little League concession stands, if the City health program is transferred to the County. The City Manager stated one of the problems the City faces is how to cover the cost of the licensing; does the City cover or does the daycare and the Little League. He explained it is a difficult choice when making budget cuts. Councilmember Rosene stated a daycare would rather pay a smaller fee to the City than a larger fee to the County. He asked who should bear the burden for this. He stated the community as a whole benefits from having a quality daycare available; the whole community benefits and the City is not in a position to set up or run a dayearc, hjit the City is in a position to help them out to make them viable, Councilmember Rosene stated the Council has a responsibility to make sure daycares are available and viable. The City Manager stated the City does not have that responsibility. He stated it is more of a social service area of the County or a matter for private business, The City Manager further explained it is a judgement call on the part of the City Council, but it does have to be careful because of the cost involved. He continued, if the Council subsidizes things such as daycares, it is stepping out of the bounds of City government. Councilmember Cohen reminded Council that the Hennepin County Board has changed its composure, and he asked the City Manager to keep the lifeline open with the County. He stated he was concerned about giving up all the health programs, and advised keeping some programs in the City in case the contract with the County does not work out. He stated it is hard to argue against this proposal, but also the Council wants to make sure the quality of service is maintained, Qouncilmembcr a - ) hQn thanked Pamela Foster for her fair presentation, and stated it has always been good working with her. The City Manager will confirm that Hennepin County will provide an acceptable level of services, Pamela Foster asked that the Council make their decision as soon as possible as she needs as much time as possible for the transition if that is the Council's decision, 11/10/92 _ 6 - Councilmember Pedlar agreed with Councilmember Cohen in the City retaining a portion of the services. He asked staff to pro - Ode Council with estimated costs to retain some health responsibilities. Gary Shallcross, City of Brooklyn Center Planner, presented Council with a memo regarding the proposed elimination of his position. He stated the elimination Of his position may be short -sited and asked Council to consider keeping his position for three reasons 1. The real estate industry has been in a depression, however development now takes more time. 2. The City is presently undertaking a study of Brooklyn Boulevard, and the result of the study will lie p)an implementation. 3. The business retention program. Mr. Shallcross asked the Council consider his service e and the service of Mary Lou Larsen i whose position s proposed to be reduced to two- thirds time from full -time, He explained he and Ms. Larsen produce the Planning Commission agendas and minutes; and he hoped their efforts have been acccptal)ic. Councilmember Cohen thanked Mr. Shallcross for his presentation and stated the Council will look at his position as they get to it in the budget process. Councilmember Rosene asked how many different options were tried with these P ositions. The City Manager explained staff was trying to look at reduction, not moving people around. He emphasized it is not a qucstiQn of their agility, it is a matter of reduction under the budget recommendations, Councilmember Rosene asked if the position is eliminated, are there any provisions for job transition assistance. The City Nlanagcr answered staff is working with the City f Crystal ty r}' for employee relocation assistance fInd will havc a program for Council's review should the reduction be made. Councilmember Pedlar stated the emotional part of eliminating positions is a very difficult one, but if it is in the best interest of the community, he would not be adverse to approval. Councilmember Pedlar asked if thcrc is a need for this position. The City Manager answered there is a need for ono position, but not two. Councilmember Pedlar further Stated there is a need for many of the departments to reorganize with a division of responsibilities. He warned against too many leaders and not enough workers. 11/10/92 _ 7 _ The City Manager explained a reorganization is being proposed for the planning and inspection department to cons( with the EL iVHRA which will result in the elimination Of two full -time positions and the creation of one part -time position. He further stated because of this elimination, there will not be as much time available for planning, but staff can get by. Councilmember Cohen addressed Councilmember's Rosene's concerns about licensing for daycare$, and asked the City Manager to talk to Northwest Hennepin Human Services and see what they are charging; for licensing compared to Hennepin County. He stated it is important to keep those amounts equal. Councilmember Rosene thanked Councilmember Cohen for the good thoughts. He further stated he i$ uneasy with relinquishing all health responsibilities to the County, and would like to keep the City's options open. He further stated the Council is considering painful cuts, but it is the hope that eventually things will turn around. He agreed the City will lose services it has previously enjoyed. �QJQURNMENT There was a motion by Councilmcmhcr Collcn and seconded by Councilmember Scott to adjourn the budget work session at 9;25 p.m. The m otion , asked unanimously, Y Todd Paulson Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Sorvicc. 11/10/92 MINU'T'ES OF THE PROCEEDINGS OF THE BUDUET WORK SESSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 1 1992 CITY HAIL, CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Todd Paulson at 7.04 p.m. ROLL CALL Mayor Todd Paulson, Commissioners Philip Cohen, Celia Scott, and Jerry Pedlar. Commissioner Dave Rosene arrived at $ p.m. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund; Director of Planning and Inspection Ron Warren; EDA Coordinator Brad Hoffman; Assistant Finance Director Charlie Hansen; and Council Secretary Nancy Berg. Mary Lou Larsen, City of Brooklyn Center Secretary, addressed the Council stating her position has been recommended to be cut from full -time to two- thirds time. She pointed out that planning functions are not her only responsibilities. She explained the addition of a third inspector has created more duties for her position. Ms. Larsen asked the Council to reconsider as she has been with the City for 16 years. The Council thanked Mary Lou Larsen for her presentation. Mayor Paulson asked what the difference is between a full -time and part -time position, The City Manager answered there are no fringe benefits with a part -time position. Councilmember Scott asked who will take over Ms. Larsen's responsibilities. Ms. Larsen answered the receptionist. The City Manager reviewed each department's budget and answered questions of Council. Councilmember Scott asked why there is no provision for a police dog in the budget. She Stated she did not want the police dog eliminated from the budget, and she stated the Lions Club as well as other organizations have expressed an interest in helping to finance a police dog. The City Manager answered the matter of a police dog was not requested by the department. He stated the cost for the police dog is around $5,000 to $6,000. Councilmember Pedlar stated he had spoken with some police officers who stated one dog is not productive enough. Councilmember Pedlar supported the concept of a police dog, but to be functional, the City would need two dogs and he is not supporting two dogs 11/12/92 - 1 - because the City cannot afford it. Councilmember Pedlar asked if the $6,000 covers the cost of the training and the cost of the officer. The City Manager answered it is hard to define exactly how much a police dog costs as there is the matter of the dog living with the officer and how much should the officer be compensated when caring for the dog on their off duty time. Councilmember Cohen suggested establishing a system between cities to provide a dog 24- hours a day, not just during one officer's shift. The City Manager responded some communities have talked about pooling the use of police dogs, and it is also possible to contract with the City of Minneapolis. Councilmember Scott stated both Brooklyn Center and Maple Grove are very interested in such a program. She explained the problem with Minneapolis is they have four dogs, but they are heavily used. Council directed staff to pursue some funding and report back to Council, Mayor Paulson asked if the captain's position, which was changed by Council to a lieutenant's position, can be reversed by the new police chief. The City Manager answered, no, the Council approved this change and will have to approve an modification. Councilmember Cohen asked if the fire department is receiving a significant number of applications for volunteer fire people. The City Manager answered yes, the City receives many qualified applicants for the evening hours, however more recruiting is required for the day -time hours. Councilmember Scott asked why staff was recommending the reduction in the secretarial position rather than the receptionist position in the planning depamment. The City Manager answered because there will be a loss of work due to the elimination of a position currently providing work to the secretary, Councilmember Scott asked why Worker's Compensation has increased more in some departments than in others. The Finance Director answered it is based on the expericnce of each department, not just straight across the board. He noted 1993 is the first year these costs are allocated to individual departments. Councilmember Pedlar asked if Council will have something from Hennepin County describing the health services they will provide. The City Manager answered yes, they will provide us with a description, He also explained he had talked with Hennepin County, and if Brooklyn Center has a special problem, the County will work with us. 11/12/92 -2- Councilmember Rosene explained the senior transportation program serves only a small section of the community, and social services would like to replace this program with something else such as a joint transportation system with other communities. Councilmember Rosene stated the Parks and Recreation Commission was going to adopt a means by which people could apply to the Parks and Recreation Commission for partial funding similar to the Human bights & Resources Commission. The City Manager stated he was not sure what the status of the proposal is. Councilmember Rosene explained when the Hockey Association came to the Council for help, he opposed it because the Council did not have a procedure in place for control and to provide guidelines. The City Manager stated he will check with the Personnel Coordinator and report back on November 16, 1992. Councilmember Pedlar stated in respect to the procedure or policy and form, he would find it really hard to provide funds to the most wonderful organization in town if in fact the Council is looking at eliminating positions. Councilmember Rosene agreed with Councilmember Pedlar stating the Council cannot provide funding when a person's position or benefits are going to be eliminated, but the Council almost did give money so we need to have procedures. Councilmember Pedlar stated there was a significant difference in the process the Council was looking at last year because, at that time, there was extra funds. He further stated, the City does not have funds now, and maybe in April, May or June if the Council has extra funds they can look at these procedures, but for now the Council is looking at a very strict budget. Councilmember Pedlar asked how many members of the Brooklyn Center band live in Brooklyn Center. Councilmember Pedlar asked what all of the costs arc associated with the band. The City Manager stated he would provide the information. Councilmember Cohen asked if the City's recreation programs have become a babysitting Service. The City Manager answered no, that has not been a problem in Brooklyn Center. Councilmember Scott expressed concern that so many of the Park and Recreation programs are funded by the City by at least 65 percent. She asked why the fees are set too low to cover the expenses. The City Manager answered the ice - skating rinks and Entertainment in the Parks have no user fees. Councilmember Scott suggested a hat could be passed at the Entertainment in the Park concerts as they are much appreciated by the attendees. Councilmember Rosene asked how much is left in the contingency fund for 1992. The Finance Director answered it remains at $139,838. Councilmember Pedlar asked how much on average is returned to the fund balance. The Finance Director answered about one -half, or $75,000. 11/12/92 -3 - Councilmember Pedlar asked if the contingency account can be carried over to the next year. The Finance Director answercd no, it goes into the general fund balance. Councilmember Pedlar asked if you have positions identified for the proposed budget, can we remove them from this budget and put in the contingency fund. The Finance Director answered yes, as long as the contingency fund sloes not exceed 5 percent or $529,171. The Finance Director explained the Council should try to stay away from using the contingency fund for personnel. The City Manager further explained a position, such as the communication coordinator position, could mote appropriately be put in the personnel contingency fund. The Finance Director reported the Financial Commission will attend the November 16,1992, budget workshop. Councilmember Cohen stated he would like to see some communication from Hennepin County in regard to the health services. He also asked staff to explore with the Clltunber of Commerce what the Council is considering and get their reaction. Councilmember Cohen again suggested keeping some of the services with the City. Councilmember Cohen asked what kind of work load the Planning and Inspection department currently has, how many applications come through that department, and what projects are expected in the future. The City Manager stated he has some statistics on planning commission applications he will share with the Council on November 16, 1992. He further stated in 1985 there were 40 applications, and in 1991 there were 23 planning commission applications. He stated the trend is going downward. Counctmember Pedlar asked if there will be a trend toward redevelopment in Brooklyn Center, The City Manager answered no, he did not believe so as land for development is not available. Councilmcmber Cohen asked staff to provide a map illustrating how much land is available for development. The City Manager stated he will provide this information. ADJQ[JRNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to adjourn the budget work session at 9:20 p.m. The motion passed unanimously. Todd Paulson, Mayor Recorded and transcribed by. Nancy Berg Northern Counties Secretarial Service 11/12/92 -4- CITY OF BROOKLYN CENTER Council Meeting Date November 23, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING NOVEMBER 30 - DECEMBER 4, 1992 AS MANUFACTURER'S WEEK IN BROOKLYN CENTER DEPT. APPROVAL: f Patti A. Page, Deputy City Clerk MANAGER'S REVIEW/RECOMM ENDATION: 5 No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION PROCLAMATION DECLARING NOVEMBER 30 DECEMBER 4, 1992, AS MANUFACTURER'S WEEK IN BROOKLYN CENTER WHEREAS, Manufacturing employs one out of every five off -farm worker in Minnesota; and WHEREAS, Manufacturing has the largest total payroll of any sector in Minnesota, and the second highest average wage; and WHEREAS, Manufacturing produces $19.8 billion for Minnesota's economy, the largest single share of our gross State product; and WHEREAS, Manufacturing exports brought nearly $5.9 billion into the State in 1990, far outstripping any of Minnesota's other sectors; and WHEREAS, Manufacturing contributed nearly $68 million more than any other sector in income taxes alone. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby publicly declare its thanks and appreciation to all Brooklyn Center area manufacturers and their employees for the contributions they make to our stand and community; and in particular, the City Council thanks the following members of the Chamber of Commerce: Beal Cabinets Hoffman Engineering Bergmann Machine Works Howe Company General Litho Service, Inc. Kratech, Inc. Cass Screw Machine Co. Macro Scientific, Inc. Diversico Industries Midwest Screw Products Douglas Metal Specialties Omni Tool, Inc. Graco, Inc. Promeon Granquist Company Technical Resin Packaging Hiawatha Rubber Toolmark Company NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim November 30 through December 4, 1992, as Manufacturer's Week in Brooklyn Center. Date Todd Paulson, Mayor Attest: Deputy City Clerk CITY OF BROOKLYN CENTER Council Meeting Date 11/23/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 6 REGARDING THE ADMINISTRATIVE CODE DEPT. APPROVAL: U Geral n R Barone, y a one, Personnel Coordinator �Y MANAGER'S REVIEW/RECONENIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The City's 1993 budget proposal includes provisions for the reorganization of several City functions, so the current ordinance regarding the City's administrative organization must be amended to reflect such changes. A first reading of the accompanying ordinance amendment starts the process to acknowledge the reorganization. Final adoption of the ordinance will come after the city council has formally approved the 1993 budget. The budget proposal includes the elimination of the department and director of planning and inspection and the creation of a department and director of community development. The ordinance amendment simply makes these adjustments. If the council approves the ordinance amendment for a first reading this evening, a second reading would be scheduled for December 14, 1992, and the ordinance would become effective January 1, 1993. RECOMMENDED CITY COUNCIL ACTION Approve for a first reading An Ordinance Amending Chapter 6 Regarding the Administrative Code. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 6 Regarding the Administrative Code. Auxiliary aids for handicapped persons 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 6 REGARDING THE ADMINISTRATIVE CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 6 -102. ADMINISTRATIVE ORGANIZATION. The administrative services of the City shall be divided into the following departments and offices and heads thereof, and said departments, offices and positions are hereby created: City Manager's Office ...................City Manager Deputy City Manager City Clerk's Office .....................City Clerk Deputy City Clerk City Assessor's Office ..................City Assessor Deputy City Assessor Department of Finance /City Treasurer's Office ................Director of Finance /City Treasurer Deputy City Treasurer Department of Public Works ..............Director of Public Works Department of Police ....................Chief of Police [Department of Planning and Inspection..Director of Planning and Inspection] Department of Community Development Director of Community Development Department of Parks and Recreation ...... Director of Recreation Fire Department .........................Fire Chief Municipal Liquor Facility ...............Liquor Stores Manager Section 6 -117. FUNCTION OF DEPARTMENT OF [PLANNING AND INSPECTION] COMMUNITY DEVELOPMENT The department of [planning and inspection] community development shall be responsible for community planning, administration of the zoning and sign ordinances, [and] administration and enforcement of housing maintenance and building ordinances and policies adopted by the City economic development economic redevelopment and the Earle Brown Heritage Center Section 6 -118. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF [PLANNING AND INSPECTION] COMMUNITY DEVELOPMENT ORDINANCE NO. 6- 118.10. Duties. The director of [planning and inspection] community development shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the administration, supervision, and operation of the department of [planning and inspection] community development 6- 118.20. Additional Duties. The director of [planning and inspection] community development shall perform any additional duties that may be assigned from time to time by the city manager. Section 2. This ordinance shall become effective after adoption and thirty (30)days following its legal publication. Adopted this day of 1992. 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 11/23/92 Agenda Itan Numbcr REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: Designation of a Third Presiding Official for City Council DEPT. APPROVAL: Geralyn It. Barone, Personnel Coordinator . ea, MANAGER' RE S VIEW/RECOAMENDATION: 7 � No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • On occasion, both the Mayor and pro tem of the city council are absent from a council meeting at which a quorum is present. Attached is a resolution which provides for the designation of an acting pro tem who will preside in the absence of both the Mayor and pro tem. Also attached is the provision of the City charter which designates the Mayor as presiding officer and the president pro tem to serve in the Mayor's absence. RECOMMENDED CITY COUNCIL ACTION Discuss and approve if desired A Resolution Establishing and Designating an Acting President Pro Tem of the City Council. 1� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Councilmember is hereby appointed acting president pro tem of the Brooklyn Center City Council effective immediately and until December 31, 1992. BE IT FURTHER RESOLVED that at the first City Council meeting of each calendar year, the City Council shall choose from its members a president pro tem, who shall serve in the Mayor's absence, and an acting president pro tem, who shall serve as presiding officer in the absence of both the Mayor and the president pro tem. 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 th6reon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Section 2.03. ELECTIVE OFFICERS. The Council shall be composed of a Mayor and four Council members who shall be registered voters of Brooklyn Center, and who shall be elected at large. Each Council member shall serve for a term of four (4) years. The Mayor shall serve for a term of four (4) years. The Council shall be canvassers of the election of the Mayor and the Council members. Section 2.04a. INCOMPATIBLE OFFICES. No member of the Council shall be appointed City Manager, nor shall any member hold any other paid municipal office or employment for the City; and until one (1) year after the expiration of the member's term or the member's resignation as Mayor or Council member, no former member shall be appointed to any paid appointive office or employment for the City except as provided in Section 2.05. Section 2.04b. PRIVATE EMPLOYMENT. No former Mayor or Council member may, within one (1) year after leaving the position, appear or participate in proceedings before the Council except to represent the former member's own personal interests as a private citizen of the City of Brooklyn Center. Section 2.05. VACANCIES IN THE COUNCIL. The office of Mayor or Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of the office. The Mayor or Council member shall forfeit the office for (1) lack at any time during the term of office of any qualification for the office prescribed by this charter or by law, (2) violation of any express prohibition of this charter, (3) conviction of a crime involving moral turpitude, or (4) failure to attend three consecutive regular meetings of the Council without being excused by the Council. A vacancy in the Council shall be filled temporarily by the Council and then by the voters for the remainder of the term at the next regular election unless that election occurs within one hundred (100) days from the occurrence of the vacancy, this period being necessary to allow time for candidates to file. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special election to fill the vacancy. The election will be held not sooner than ninety (90) days.and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, special elections. The quorum of the Council consists of three (3) members; if at an time the membership of the y Council is reduced to less s than three 3 ( ), the remaining members may by unanimous action appoint additional members to raise the membership to three (3). Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except. that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any•neglect, dereliction of duty, or waste ox, the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the'Council, take command of the police, maintain order and enforce the law. -2- CITY OF BROOKLYN CENTER Council Meetin Date November 23, 199 Agenda Item Number f 6 L / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1993 COUNCIL MEETING SCHEDULE DEPT. APPROVAL: �). pj.!�5L I/ Patricia A, Pae, Deputy City Clerk MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUN EM[ARY EXPLANATION: (supplemental sheets attached ) • Below is the proposed 1993 Council meeting schedule. Meetings have not been scheduled for December to allow some flexibility with regard to the budget hearings. January 11 July 12 January 25 July 26 February 8 August 9 February 22 August 23 March 8 September 13 March 22 September 27 April 12 October 12, Tuesday April 19, Board of Equalization October 25 April 26 May 10 November 8 r May 24 November 22 June 14 June 28 RECOMMENDED CITY COUNCIL ACTION I recommend approval of the proposed 1993 City Council meeting schedule. CITY OF BROOKLYN CENTER Council Meeting Date N ovember 2 3, 1992 Agenda Item Number /,�q REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: VIOLATION OF ZONING ORDINANCE ODOR STANDARDS - WOODCO PRODUCTS, 6800 SHINGLE CREEK PARKWAY DEPT. APPR V : Gerald G. S linter, ity Manager MANAGER'S REVIEW/RECOM WENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) t Attached please find a copy of a memorandum and other materials relating to enforcement action currently under way with Woodco Products as it relates to odors emanating from this facility affecting the neighborhood north of 69th Avenue. The background materials indicate there was confusion in the initial stages of handling the complaint and now those problems seem to be resolved. The inspection department has requested formal action on a determination of compliance under our Zoning Ordinance at your December 14, 1992, City Council meeting. It could be possible by the time of your Council meeting on December 14 comes we will have resolved some of the problems with this situation but we can't be assured of that at this time. Neighbors concerns about this situation will be notified of your consideration on December 14 and may wish to comment on the problems created by the emissions from Woodco. Woodco is currently installing higher stacks which will mitigate some of the problems. In addition we are asking for changes in the type of product used which will further reduce emissions. RECOMMENDATION Because this will be the first time the Council will be asked to conduct a "Determination of Compliance" under our Zoning Ordinance on a matter regarding odor we believed it would be appropriate to preliminarily discuss the situation with the City Council prior to its formal "Request formal Request for Determination on December 14, 1992. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 November 17, 1992 Richard Wood Woodco Prefinishing 6800 Shingle Creek Parkway, Suite 370 Brooklyn Center, MN 55430 Dear Mr. Wood, I am in receipt of your letter dated November 9, 1992 stating that you are currently at work, in several ways, reducing the odorous emissions at Woodco Prefinishing. Pursuant to City Ordinance 35- 413 -12. the City Council will be asked, at its regularly scheduled meeting on December 14, 1992, to determine compliance with said ordinance (enclosed). It would be appropriate at that time to present evidence of compliance. Sincerely, Clayton A. Larson Building Official Enc: 1 cc: Gerald G. Splinter, City Manager cc: Administrative File MEMORANDUM TO: G.G. Splinter, City Manager % f FROM: Clay Larson, Building Official' DATE: 13 NOV 92 RE: Woodco Prefinishing, 6800 Shingle Creek Parkway Attached is a letter from Woodco detailing the measures they have taken to comply with orders sent to them on Sept. 24, for Nov. 2 compliance. This compliance, however, has not been attained as we continue to receive complaints from the residents who live in the neighborhood. To provide you with some background, the urgency of this matter is tied to the fact that when complaints were first received in June the matter was referred to the City Health Dept. who in turn referred it to the PCA. About three months later I received a petition from aprox. 30 residents demanding that something be done about the emissions. When I called the PCA they stated that they were unable to address the problem since Woodco did not have a PCA permit. Had this information been revealed when the initial complaint was referred, we would not have lost three months of enforcement time nor the patience of the residents. I have spoken with Carolena Schutt of the Pollution Control Agency, Air Quality Division, and was told that they had not yet received a permit application from Woodco. Given the above information, I recommend reissue of the previous order to cease emissions with the provision that, pursuant City Ordinance 35- 413 -12, a determination of compliance be made at the Dec. 14, 1992 City Council meeting. At that time the facts can be presented by all interested parties. �35 -412 6. Access from a local street intended primarily to serve residential development may only be allowed upon a finding by the City Council that such access will not negatively affect the residential character of that neighborhood. 7. In the case of group day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. Section 35 -413, SPECIAL REQUIREMENTS IN I -1 AND I -2 DISTRICTS. 1. Buffer and Setback Where a proposed I -1 or I -2 development abuts any residential district (R1 through R7) either at a property line or a public street line, buffer provisions shall be established according to the following: a. Where I -1 or I -2 abuts R1, R2, or R3 at a property line, the protective strip shall be no less than 100 feet in width. The protective strip shall not be used for parking, driveway, off - street loading or storage and shall be landscaped. Parking may be permitted in the buffer strip where an I -1 or I -2 use abuts an institutional use provided it does not extend to within 15 feet of the property line. The landscaped treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right -of -way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall. b. Where I -1 or I -2 abuts R1, R2, or R3 at a public street line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for parking, off - street loading, storage, or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip where an I -1 or I -2 use abuts an institutional use provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. C. Where I -1 or I -2 abuts R4, R5, R6, or R7 at a property line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for off - street loading, storage or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. 35 -413 d. Where I -1 or I -2 abuts R4 RS R6 or R7 at a ublic p street line, the protective buffer strip shall be no less than 25 feet in width, shall contain no structures other than screening devices, shall not be used for parking, off - street loading, storage, or any other industrial activity, and shall be landscaped. The activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. 2. Explosives No activities involving the storage, utilization or manufacture of materials or products which could be detonated shall be permitted except such as are specifically licensed by the City Council. Such prohibited materials shall include but not be confined to: all primary explosives, such as lead oxide and lead sulphate; all high explosives and boosters such as TNT and RDS, tetryl and ammonium nitrate; propellants and components thereof such as nitrocellusous, black powder, ammonium perchlorate and nitro glycerin, blasting explosives such as dynamite powder, magnesium, potassium chlorite, potassium permanganate, potassium nitrate, and potassium nitrite and reactive propellant materials. 3. Noise Noise shall not exceed 40 decibels on any octave band frequency measured at any point along the property line of the use and operation. Decibel level shall be measured by equipment meeting the specifications of the American Society for Testing and Materials. 4. Vibration No activity or operation shall at any time cause earth vibrations perceptible beyond the limits of the immediate site on which the operation is located. 5. Incineration The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the Zoning Official and the Sanitarian. No smoke or other effusive or particulate matter shall be discharged more opaque or dark than the No. 1 classification of the Ringelman Smoke Chart published by the United States Bureau of Mines. Measurements shall be at the point of emission. No solid or liquid particulars of any type shall be emitted in such concentration that they become detectable at the limits of the immediate site. 35 -413 6. Odor None of the uses shall at any time cause the discharges of toxic, noxious or odorous matters in such concentrations as to be detectable beyond the limits of the immediate site. 7. Glare and Heat Glare and heat whether directed or reflected shall not be detectable beyond the limits of the immediate industrial site from which it originates. 8. Wastes All solid waste materials, debris, refuse or garbage not disposed of through the public sanitary sewage system shall be kept in a completely enclosed building or properly contained in a closed container designed for such purposes. All wastes shall be treated in compliance with existing legislation. 9. Outdoor Storage and Activity In the industrial park district (I -1) all production, storage, servicing, or merchandising, except off - street parking and off - street loading shall be conducted within completely enclosed buildings. Semi- trailers may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved the C' PP by City Council. 10. Lakeshore Setback No industrial activity shall extend within 50 feet of a lakeshore or a natural drainage way. 11. Site Lavout No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 15 feet of the street right -of -way and this 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 35 -413 12. Com liance None of the permitted uses in either the general industrial district or the industria 1 ark district, ' P rict dur' ing the period of their operations, shall fail to satisfy any of the standards set forth above. In determining compliance with those standards, the majority vote of the City Council shall be the test of detectability for vibration, particulate matter, and odor, glare and heat. Before making this determination, the Council shall personally observe any alleged noncompliance. For noise, odor, smoke and wastes, determination of compliance shall be by any independent testing organization satisfactory to all parties concerned, or if there is failure to agree, by such testing organizations as may be selected by the City Council after 10 days notice to the alleged violator. 13. Utilities On developments of sufficient magnitude so as to require on -site water main or sewer main construction, plans for such facilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or sewer main construction is required, the land owner or developer shall enter into a water and sewer main and fire hydrant maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -414. SPECIAL REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS. Automobile service stations pose particular problems in achieving compatibility with abutting and adjacent land uses because of potentially detrimental aspects of their operation. The problem is basically both functional and esthetic involving traffic hazards, noise, light glare at night, outdoor storage of merchandise, poor architectural design, indiscriminate advertising, etc., all of which contribute to less enjoyment and use of and reduction of property values in surrounding properties. It is hereby determined that the general welfare will be better served by minimizing adverse functional and esthetic conditions which may result from operation of automobile service stations and that the use, enjoyment, and improvement of surrounding property will be enhanced by the following requirements: 1. Automobile service stations must front, and the primary building face, on a street designated by the City Council as a major thoroughfare. The minimum width of the use site shall be 130 feet and the minimum area shall be 20,000 square feet. 2. No service station shall be constructed on a parcel which abuts an Rl, R2, or R3 district including abutment at a street line. For the purpose of this paragraph, a parcel which adjoins another parcel at one corner will be deemed to abut. CHAPTER 19 - PUBLIC NUISANCES AND PETTY OFFENSES NUISANCES - GENERALLY Section 19 -101. PUBLIC NUISANCE DEFINED. Whoever, by act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, and is punishable as set forth herein: 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; or 2. Interferes with, obstructs, or renders dangerous for passage, public streets, highway or right of way, or waters used by the public; or 3. Is guilty of any other act or omission declared by statutory law, the common law, or this ordinance to be a public nuisance, whether or not any sentence is specifically provided therefor; or 4. Permits real property under his or her control to'be used to maintain a public nuisance or rents the same, knowing it will be so used. Section 19 -102 DEFINITIONS. The following words, when used in this ordinance, shall have the meanings ascribed to them: 1. Garbage includes all putrescible animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrappers wasted along with such materials. 2. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats ad all other combustibles not included under the term garbage. Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. 2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. 3. Garbage not stored in rodent free and fly -tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. 4. Accumulations of rubbish as defined herein. S• The dumping of any effluent, garbage, rubbish, wastewater, or other noxious substance upon public or private property. 19 -103 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. 7. The pollution of any public or private well or cistern, any public stream, lake, canal, or body of water by effluent, garbage, rubbish or other noxious substance. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or welfare or which is contraband within the meaning nin of state or federal laws. g 9. The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities P q which unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number of members of the public. 10. The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused appliances, liances machine PP ry, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. 12. The parking and /or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailers, back hoes, front -end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck - tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any equipment or vehicle described above which is actually makin g a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. C) Any equipment or .vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. WOOD FINISHING • EMBOSSED MOLDINGS • MILLWORK • DOORS • CABINETRY P R E F I N I S H I N G November 9, 1992 Mr. Clay Larson City of Brooklyn Center Dept of Planning and Inspection 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Larson: This letter is to outline the steps that Woodco Prefinishing is taking to reduce the odorous fumes from our location. The transition to using water -based coatings at our location has proven to be more difficult than originally anticipated. Currently, I am using a water -based topcoat in the spray booth. My supplier has rec.ently fur- nished me with a sample of an acrylic urethane which looks very promising. I have enclosed a material safety data sheet for you to review. On Nov- ember 11, I will be receiving a sample of water -based paint that is to replace a solvent based coating I am currently using. My goal is to be purchasing the clear acrylic urethane and the water -based paint by Dec- ember 1, 1992. I presently have lacquer material to use, but feel-con- fident that'the majority will be gone by the first part of December. This week the exhaust'ducts will be raised from 5 feet to 20 feet from the top of the roof. This is an attempt,to better disperse the fumes presently being emitted from our facility. Please contact me with any questions or concerns you have regarding my efforts. Sincerely, Richard Wood Owner dcw Enclosures 6800 SHINGLE CREEK PARKWAY SUITE 370 BROOKLYN CENTER, MN 55430 PHONE: (612) 560 -8267 FAX: (612) 560 -2687 CITY OF BROOKLYN CENTER Councu Meeting Date November 23, 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: 1992 Priorities Update DEPT. APPRO Gerald G. p inter, City Manager MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SU EVIARY EXPLANATION: (supplemental sheets attached ) • Early in 1992 the City Council decided to forego the annual planning process for 1992 to allow staff and advisory commissions time to be directed at the Financial Commission's work with the prioritization process. The priorities established in 1991 were extended for 1992 and attached please find a report on the status of the 1991/92 priorities. The proposed 1993 budget does not currently fund a planning process for 1993. I believe the City Council should discuss and decide whether to extend the 1991/92 priorities through 1993 or decide on a process for 1993. RECOMMENDATION Review and discuss the status report of Brooklyn Center Priorities and decide a plan of action for 1993. STATUS OF 1992 BROOKLYN CENTER PRIORITIES NOVEMBER 1992 The City Council carried over priorities from the 1991 process into 1992. At some time in 1993 these priorities should be reviewed and updated. The current listing of priorities is as follows: 1. Crime /Drugs 2. Budget /Finances 3. Housing 4. Communications 5. Economic Development /Redevelopment 6. Public Facilities 7. Demographic Changes CURRENT STRATEGY STATUS REPORT: 1. CRIME /DRUGS a. Drug Education /Prevention Programs. The D.A.R.E. (Drug Awareness Resistance Education) is in its fourth year operating in all four school districts within the community serving 5th and 6th graders. Two of our officers spend part time in these schools teaching this program from September to June, during the normal school session. This program continues to have a high acceptance level and enthusiastic support of the school districts, the Police department and the community. The Joint Powers Drug Enforcement Program (Brooklyn Center, Brooklyn Park, Coon Rapids and Maple Grove) is in its fourth year of operation and is continuing its high quality efforts. Over the time of its operation it has an excellent reputation with the courts and the Police departments and the communities involved. Its existence and activity is well noted by the criminal community and is serving as an effective deterrent to organized drug activity. The first nine month of 1992 have shown a significant decline in serious crime rates (part one crimes) . Part one crimes are the more serious crimes and they have dropped seven percent over the first nine months and the less serious crimes have dropped one percent for a total crime drop in all categories of,four percent. -1- This summer Brooklyn Center opened up the Humboldt Substation for the Police Department and it is fully operational manned by COP officers and volunteers. Early indications are this is going to be an affective tool for the Police Department and the Community in communicating with the citizens in this area and addressing the fear surrounding those crime issues in the area. The Police Department is also working with the Brooklyn Park Resource Center on 73rd and Noble just into Brooklyn Park. This Community Resource Center is serving the citizens of the northwest corner of Brooklyn Center in a similar manner as the Humboldt Substation. b. Crime Prevention Program. We currently have approximately 75 Crime Watch groups active in the community. This is up from 43 in 1991. Our Crime Prevention Officer is working closely with the newly organized and reconstituted apartment owners group to work with them on solving crime problems in their apartment complexes. They are working with this group to modify our trespass laws to allow more flexibility in handling problem tenants and their guests. C. Domestic Abuse Intervention Program (Project P.E.A.C.E.). This program is in transition in 1992. Because of budget pressures we changed from providing this service through our own personnel to contracting for these services. We also solicited other Police Departments in the area and Robbinsdale, Maple Grove, Champlin and possibly Crystal will be joining us in this program in 1993. The new joint powers group will contract with the Peacemaker Center for this service and the new director of the program, Lisa Growette, will be working with the individual cities and setting up a group of volunteers. Volunteers from the member communities will assist each other when the regular volunteers are not available. The program has worked very affectively to increase our level of service this year and we are looking forward to an even better year in 1993. d. Youth Outreach Program. This year we contracted with INVITE to provide service to troubled youth to divert them from gang and other illegal activities. This program is working out of the Firehouse Park building and in 1993 state funding will run out. The budget calls for financing this program out of General Fund proceeds in 1993. -2- e. Crime Prevention Fund. The Crime Prevention Fund enters its 12th year of service to the community. This is a private, non- profit group which offers rewards and "buy money" for use by the Police Department and complements Police Department activities where public funds cannot be expended. They have over the years, and again this year, worked closely with the Drug Awareness Commission, D.A.R.E. program and other community groups to supplement crime prevention, D.A.R.E. and drug awareness efforts. 2. BUDGET /FINANCES a. Legislative Efforts. City staff members and members of the City Council have and will continue to lobby our State legislators to emphasize the need to stabilize State fiscal policy as it relates to local government finances and aid. We again this year tend to promote and encourage enactment of a fiscal note process which will hopefully control mandates by the State and local governments. Through the lobbying efforts of the North Metro Mayors Association, the State League of Cities and the Association of Metropolitan Municipalities efforts in a wide number of areas will be made to assist cities in their financial situations. The current mix of taxes produces an imbalance of revenue flow from the metro area to outstate communities at the expense of the metropolitan suburban communities. It is our intention to work with various lobbying efforts to gain more equitable treatment in the future. b. Financing Housing Programs. In 1991 the Housing Implementation plan suggested the cities seek legislative changes authorizing additional funding sources to implement Brooklyn Center's housing program. As a part of that effort the state legislature removed levy limits which will allow the City Council to consider an increased levy for economic development and housing purposes. The State legislature also authorized Brooklyn Center to seek a referendum of the citizens to implement a 1% tax on liquor and food sales through restaurants. Unfortunately this referendum initiative failed in this falls election. C. During 1992 the Brooklyn Center City Council approved the establishment of a permanent advisory commission called the Financial Commission. They empowered this commission r -3- to review the budget and fiscal policies. This commission, in conjunction with the City employees developed a "Prioritization Process" which was designed to evaluate General Fund expenditures and make suggested cuts or revenue enhancement which would total at least 10% of the City's General Fund budget ($1,100,000). The resulting prioritization recommendations suggested four priority categories for implementation, should it become necessary, totalling revenue enhancement or expenditure reductions of $1,723,011. 3. HOUSING a. Early in 1992 the City Council passed, after recommendation by the Housing Commission, the extension of the housing maintenance code to include commercial /industrial buildings and sites. We now have ordinances which will allow us to enforce the same housing standards for commercial/ industrial buildings as we do have for residential buildings. b. Apartment Buyout Program. In 1992 the City Council authorized the purchase of three apartment buildings/ complexes. At this time one four Alex has been purchased at 6715 Humboldt Avenue. We are in the process of negotiating the final terms for the purchase of a four unit apartment complex at 6637 Humboldt Avenue and an 18 unit apartment complex at 65225 Willow Lane. C. Housing Revitalization Program Initiatives. 1. Staff has met with HUD, MHFA and Marquette Bank Brookdale in an attempt to work out a program for allowing renters to purchase single family dwellings. After working with MHFA the Council decided to contract with Vicki Murray to develop a program which will assist us in implementing this program through a marketing and education process. 2. EDA /HRA staff has worked with the Engineering department in a series of meetings which led to the approval by the southeast area neighborhood advisory committee to proceed with a preliminary report on a comprehensive street and utility reconstruction program in this neighborhood. d. Community Development Department. The City Manager's 1993 proposed budget recommends, with Financial Commission concurrence, the merger and -4- consolidation of the Planning and Inspections department and the EDA /HRA department. This proposal will save the General Fund budget approximately $50,000 annually and will consolidate redevelopment planning and inspection efforts into one department to facilitate coordination and implementation of more effective redevelopment programs. e. Group Home Siting Process. In 1992 the Planning Commission recommended and the City Council adopted changes in our zoning ordinance which modify the siting process for group homes. The process was modified to make the City's zoning ordinance consistent with the State mandated licensing process for these type facilities. 4. COMMUNICATIONS The 1992 City Manager's proposed budget calls for the hiring of a professionally qualified individual, part time or by contract, to coordinate the City's communications efforts. In 1992 the City Council commenced telecasting of all City Council meetings. In 1992 the City instituted, as recommended by the Communications Task Force, an employee newsletter. 5. ECONOMIC DEVELOPMENT /REDEVELOPMENT In the summer of 1992 the City Council approved a three city business retention and development program. The joint powers agreement between Blaine, Brooklyn Park and Brooklyn Center contracted with the professional group to conduct the first phase of the project. Phase I involves surveying various elements of our business community regarding their activity, types of business, material used, training and education needs, and other business data. Teams of interviewers personally visit each business to follow up on a mailed out survey and complete the survey. The business advisory council will be set up to analyze the data from the survey and members of the education community (K -12, community college and vocational college) will serve on the advisory committee and assist in interviewing. The City Council has also authorized a redevelopment study for Brooklyn Boulevard. The current comprehensive plan for Brooklyn Boulevard has not been affective in encouraging redevelopment. The current study is approximately 500 complete and the first draft of the report is due by the end of 1992. 6. PUBLIC FACILITIES. Currently the City Council has placed on hold consideration of public building and facility expansions in the area of: City Hall /Police Department, Fire Station remodeling, senior citizen drop in center, ice arena feasibility, park and trail system development in the Twin Lake area, and other trail segments as a part of the bike and pedestrian trail system plan. These improvements have been placed on hold because during 1992 and possibility into 1993 the financial picture for State aid and the stagnant economy makes pursuing a bond issue election for these type projects questionable. Staff has completed most preliminary studies on these projects and awaits the Council's decision. The City Council, as a part of reviewing the Twin Lakes park concept plan did acquire through platting a nine acre site adjacent to the Soo Line tracks and on the south end of the north bay of Twin Lakes. In addition the City Council purchased the only occupied site adjacent to the platted property thus almost completing the purchase of the expanded park site on the south end of the north bay of Twin Lake. 7. DEMOGRAPHIC CHANGES Currently the City Council and staff are awaiting the final detailed figures from the Census Bureau to conduct further demographic analysis for Brooklyn Center. -6- CITY OF BROOKLYN CENTER council Meeting Date 1 Agenda Item Number x� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item: An Ordinance Amending Chapter 35 of the City Ordinances Regarding Greenstrip Requirements ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROV C . eja-�U� Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: '0 A No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) • The City Council on November 9, 1992, following discussion and direction on three applications submitted by Phillips 66 Company involving a proposal for the northwest corner of 69th and Brooklyn Boulevard, directed the staff to prepare an ordinance amendment which would give the City Council the ability to approve a substitute or alternative to the minimum 15' greenstrip ;adjacent to public right -of -way. The Planning Commission, in its review of the Phillips 6j6 proposal, had recommended that the City Council consider such an amendment rather than to grant a variance from an ordinance requirement in a situation where they did not believe the Standards for a Variance were met. Attached for the Council's review is a draft language that would amend Section 35 -700 of the Zoning Ordinance regarding greenstrip requirements to allow the City Council to approve something less than the permitted minimum upon a determination that additional screening, landscaping, or other treatment is sufficient to meet the spirit and intent of the City Ordinances. The language presented addresses only one section in the ordinance which refers to all zoning districts. There are four other sections in the ordinance that deal with the same requirements and might need to be amended depending on the direction the Council gives.. The other sections of the ordinance deal with specific zoning districts such as the "Multiple Residential (R3, R4, R5, R6, and R7), the Service/ Office.(C1 and C1A), the Commerce (C2) and the Industrial (I -1 and Summary Explanation Page 2 November 23, 1992 I -2). It should be noted that along major thoroughfares a minimum 35' greenstrip is required in the C1 (Service/ Office) and C1A (Service /Office - no height limit). The City Council should review the proposed language and discuss the desirability of having the ordinance affect all zoning districts or perhaps limit it only to a few common districts or allow it only on certain streets such as major thoroughfares. Also, the City Council should discuss whether or not the language adequately addresses the standards that they would like to have for approving options. Any change to the ordinance, because it is a Zoning Ordinance amendment, would require review and comment by the Planning Commission and also adoption by an extraordinary majority of the City Council (at least four votes). Recommendation The City Council should review, discuss and give direction with respect to an ordinance amendment to the 15' greenstrip requirement and then refer the matter to the Planning Commission for their required input and recommendation. If the City Council does not wish to pursue this matter at this time, it will be set aside, but could be resurrected if the City Council so chooses. DRAFT ORDINANCE AMENDMENT AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING GREEN STRIP REQUIREMENTS Section 35 -700. OFF - STREET PARKING REQUIREMENTS. Off - street parking and loading space shall be provided in all districts in accordance with the requirements of this ordinance. There shall be no off - street parking, storage of vehicles nor perimeter parking lot driveway within 15 feet of any street right -of -way and this 15 foot strip shall be planted and maintained as a green strip. In the case of C1 and C1A districts, there shall be no off - street parking nor perimeter parking lot driveway within 35 feet of any major thoroughfare right -of -way and this 35 foot strip shall be planted and maintained as a green strip. Notwithstanding the foregoing requirements of this section, a lesser green strip may be authorized by the City Council in conjunction with the plan approval process contained in Section 35 -230 provided that it can be demonstrated to the City Council's satisfaction that a lesser standard should be permitted based on additional screening, landscaping, the combination of both or some other treatment that is sufficient to meet the spirit and intent of this section of the Ordinance. (Underline indicates new matter, brackets indicate matter to be deleted.) ' CITY OF BROOKLYN CENTER council Meeting ll Agenda Item Number , rJ, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolutions: Regarding the Disposition of Planning Commission Application Nos. 92002, 92003, and 92001 submitted by Phillips 66 * * * ** o************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Ronald A. Warren, Director of Planning and Inspection MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached • On November 9, 1992 the City Council, following public hearing and deliberation, directed the staff to prepare resolutions denying three Planning Commission applications submitted by Phillips 66 Company. The three resolutions have been drafted and are set on the City Council agenda for consideration. The order in which they appear is important to the sequence of denial in that some of the findings and conclusions are based on the denial of another application. The recommended sequence of consideration is to first consider the resolution relating to Planning Commission Application No. 92002 which is the preliminary plat that would redraw the property lines so that there would be no property line abutment between the proposed Phillips 66 site and the single family residential property to the west addressed as 6914 Lee Avenue North. As long as this property line abutment exists, no expansion, relocation, or structural alteration of the gasoline service station or no addition of a car wash on the site can take place. Denial of this request makes the other requests moot. SUMMARY EXPLANATION Page 2 November 23, 1992 The second resolution to consider would be that relating to Planning Commission Application No. 92003 which is the request for a variance from Section 35 -700 to allow less than a 15' greenstrip along Brooklyn Boulevard and 69th Avenue North. The recommended findings acknowledge the denial of Application No. 92002 as a reason for the denial of this application and also acknowledge the fact that the Standards for a Variance are not met as well. This denial, with some adjustments, could be comprehended even if the denial of 92002 is not done. The third resolution to consider is the one relating to Planning Commission Application No. 92001 which is the special use permit and site and building plan consideration. The recommended findings in this case acknowledge the denial of 92002 (preliminary plat) and 92003 (variance) as reason for the denial of the special use and site plan. The resolution also goes on to point out that the car wash noise effect on the Northwest Residence property and the inadequate buffering, landscaping and screen of the single family residential property to the west are also reasons for denial of this application. • Recommendation It is recommended that the City Council adopt the three resolutions in the recommended order of consideration (92002, 92003 and 92001) to provide the most appropriate and defensible position relating to the denial of these applications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 92002 SUBMITTED BY PHILLIPS 66 COMPANY WHEREAS, Planning Commission Application No. 92002 was submitted by Phillips 66 Company requesting preliminary plat approval to redraw the property line between Tract A, R.L.S. 1163 (6901 Brooklyn Boulevard) and Lot 5, Block 1, Sunset Manor (6915 Brooklyn Boulevard) by transferring an approximate 35 x 23' x 42' triangular piece of property from Tract A, R.L.S. 1163 to Lot 5, Block 1, Sunset Manor; and WHEREAS, the purpose of this transfer is to eliminate the current property line abutment of Tract A, R.L.S. 1163 with Lot 11, Block 1, Sunset Manor (6914 Lee Avenue North); and WHEREAS, said application was considered by the Planning Commission of the City of Brooklyn Center in conjunction with two other applications (92001 and 92003) also submitted by Phillips 66 Company at a duly called regular meeting on January 16, 1992 at which time a public hearing as held testimony regarding the g � Y g g applications was received, deliberation of the matters was undertaken, and a decision to table the three applications was made; and WHEREAS, the applications were reconsidered by the Planning Commission on January 30, 1992 at which time it recommended approval of Application No. 92002 to the City Council subject to three conditions which can be found on page 3 of their January 30, 1992 minutes; and denial of Application Nos. 92001 and 92003 through Planning Commission Resolution No. 92 -1; and WHEREAS, Application No. 92002, along with 92001 and 92003, was referred to the City Council for consideration at their February 10, 1992 meeting at which time the applications were reviewed, testimony was received, the matters were deliberated and the City Council decided to table the applications, with the concurrence of the applicant, to study possible ordinance amendments which might address redevelopment on Brooklyn Boulevard; and WHEREAS, subsequent to the tabling of this application, the City Council retained the consulting firm of Dahlgren, Shardlow and Uban, Inc. to undertake a study of Brooklyn Boulevard with a high priority given to the development proposal for 6901 Brooklyn Boulevard; and RESOLUTION NO. WHEREAS, the applicant revised its plans under Application Nos. 92001 and 92003, and requested reconsideration of these applications which was undertaken by the Planning Commission on October 29, 1992; and WHEREAS, Application No. 92002 was considered by the City Council, along with Application Nos. 92001 and 92003 on November 9, 1992 at which time the applications and Planning Commission recommendations were again reviewed, additional testimony both for and against the applications was received and considered, and Council deliberation was conducted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings regarding Planning Commission Application No. 92002: 1. Section 35 -322, Subdivision 3 of the City's Zoning Ordinance relating to special uses in a C2 (Commerce) zoning district prohibits certain specific uses including gasoline service stations, motor vehicle repair and auto washes from abutting R1, R2 or R3 zoned property including abutment at a street line. 2. Tract A, R.L.S. 1163 (6901 Brooklyn Boulevard) is zoned C2 and formerly was the site of a gasoline service station /motor vehicle repair operation conducted by Union 76. 3. Lot 11, Block 1, Sunset Manor (6914 Lee Avenue North) is zoned R1 (Single Family Residential) and contains a single family home and an accessory structure. 4. Lot 11, Block 1, Sunset Manor and Tract A, R.L.S. 1163 abut upon a common property line for approximately 26 feet. 5. Due to property line abutment between said parcels, a gasoline service station, motor vehicle repair or auto wash use may not be located on Tract A, R.L.S. 1163, pursuant to Section 35 -322, subdivision 3 of the City's Zoning Ordinance. 6. The Union 76 use of Tract A, R.L.S. 1163 as a gasoline service station /motor vehicle repair site is a legal nonconforming use of the property under Section 35 -311 of the City's Zoning Ordinance which can continue, but may not be expanded, enlarged, moved to another part of the parcel, be structurally altered, be continued if 50% destroyed and may not be re- established if it ceases to be used as a nonconforming use continuously for two years. RESOLUTION NO. 7. The rebuilding, relocation and proposed use of Tract A, R. L. S. 1163 by Phillips 66 Company as a gasoline service station and car wash as proposed under Planning Commission Application No. 92003 would be in violation of the nonconforming use provisions of Section 35 -111 and the use provisions in Section 35 -322, Subdivision 3 of the Zoning Ordinance and cannot be permitted as long as Lot 11, Block 1, Sunset Manor remains zoned R1 and abuts along a common property line with Tract A, R.L.S. 1163. 8. The only reason for the proposed plat and transfer of land under Application No. 92002 is to avoid this property line abutment and to circumvent the use provision in the City's Zoning Ordinance. 9. The contrived property lines proposed under Application No. 92002 are not in the best interests of the City and do not afford an appropriate buffer or separation between incompatible uses. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to deny Planning Commission Application No. 92002 submitted by Phillips 66 Company based on the above findings and considerations. Date Todd Paulson, 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. 1%.b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 92003 SUBMITTED BY PHILLIPS 66 COMPANY WHEREAS, Planning Commission Application No. 92003 was submitted by Phillips 66 Company originally requesting a variance from Section 35 -400 of the Zoning Ordinance at 6901 Brooklyn Boulevard to allow a building setback of 28' rather than 50' from the Brooklyn Boulevard right -of -way; and WHEREAS, Section 35 -240, Subdivision 2 of the Zoning Ordinance states that a variance may be granted by the City Council only after demonstration by evidence that all of the four standards for a variance listed in said section of the ordinance are met; and WHEREAS, said application was first considered by the Planning Commission of the City of Brooklyn Center in conjunction with two other applications (92001 and 92002), also submitted by Phillips 66 Company at a duly called regular meeting on January 16, 1992 at which a public hearing was held, testimony regarding the applications was received, deliberation of the matters was undertaken, and a decision to table the three applications was made; and WHEREAS, the applications were reconsidered b the Planning P Y g Commission on January 30, 1992 at which time the Commission adopted Planning Commission Resolution No. 92 -1 recommending denial of application No. 92001 and 92003 on the grounds that the Standards for a Variance contained in Section 35 -240, Subdivision 2 have not been met and that the site and building plans cannot be approved without a concurrent approval of the setback variance; and WHEREAS, this application along with Application Nos. 92001 and 92002 were referred to the City Council for consideration at their February 10, 1992 meeting at which time the applications were reviewed, testimony was received, the matters were deliberated and the City Council decided to table the applications, with the concurrence of the applicant, to study possible ordinance amendments which might address redevelopment on Brooklyn Boulevard; and WHEREAS, subsequent to the tabling of this application the City Council retained the consulting firm of Dahlgren, Shardlow and Uban, Inc. to undertake a study of Brooklyn Boulevard with a high priority given to the development proposal for 6901 Brooklyn Boulevard; and RESOLUTION NO. WHEREAS, the applicant revised its plans under Application Nos. 92001 and 92003 by rearranging the building location (92001) and requesting a variance from Section 35 -700 of the Zoning Ordinance to allow a greenstrip less than 15' from the Brooklyn Boulevard and 69th Avenue right -of -ways; and WHEREAS, the Planning Commission reconsidered this application at its duly called meeting on October 29, 1992 and, following a public hearing at which testimony was taken, consideration of the revised plans was given and a review of the Standards for a Variance contained in Section 35 -240, Subdivision 2' was made, recommended denial of Application No. 92003 on the grounds that the Standards for a Variance have not been met, based on the staff report and testimony received; and WHEREAS, Application No. 92003 was considered by the City Council, along with Application Nos. 92001 and 92002 on November 9, 1992 at which time the applications and Planning Commission recommendations were again reviewed, additional testimony both for and against the applications was received and considered, and Council deliberation was conducted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings regarding Planning Commission Application No. 92003: 1. The denial by the City Council of Planning Commission Application No. 92002 for preliminary plat approval renders this application moot because a gas station and car wash cannot be located on a property that abuts R1 zoned property. 2. Furthermore, the City's Planning Consultant has shown that a gas station/ convenience store /car wash with the approximate same square footage can be developed on this site meeting all of the requirements of the Zoning Ordinance. 3. The insistence on the part of the applicant to have a prototype building on the lot is not a hardship as defined in the Zoning Ordinance and the Zoning Ordinance does not recognize a right to a prototype design as grounds for granting a variance from any provision of the code. 4. The circumstances surrounding this variance application are not unique to this parcel of land, but are likely to be repeated in other instances along Brooklyn Boulevard. RESOLUTION NO. 5. The hardship of not being able to build the desired building on this site is a self - imposed hardship. Applicant asserts that the loss of 18' of land dedicated as part of the platting process is a hardship. While the 18' dedication is a challenge to developing a proper site layout, it is not a prohibitive challenge. Design solutions do exist which the applicant will not consider. Even after the dedication of 18' of right -of -way the subject lot is neither so small nor so irregular in shape as to justify a variance. 6. Approval of the variance in question would not be in the City's best interests inasmuch as it would set a poor precedent for future development and redevelopment on Brooklyn Boulevard by placing corporate image above local aesthetic standards. 7. Absent the ability to find that the Standards for a Variance are met, the only way to accommodate the applicant's request to allow a lesser greenstrip than required would be to amend the ordinance so that like situations could be treated in a similar manner. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to deny Planning Commission Application No. 92003 submitted by Phillips 66 Company on the basis of the above findings and considerations. Date Todd Paulson, 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 92001 SUBMITTED BY PHILLIPS 66 COMPANY WHEREAS, Planning Commission Application No. 92001 was submitted by Phillips 66 Company requesting site and building plan approval and a special use permit to construct an approximate 1,800 sq. ft. gas station/ convenience store /car wash at 6901 Brooklyn Boulevard; and WHEREAS, Section 35 -220, Subdivision 2 of the Zoning Ordinance states that a special use permit may be granted by the City Council after demonstration by evidence that all five of the Standards for Special Use Permits listed in said section of the ordinance are met; and WHEREAS, said application was first considered by the Planning Commission of the City of Brooklyn Center in conjunction with two other applications (92002 and 92003) also submitted by Phillips 66 Company at a duly called regular meeting on January 16, 1992 at which a public hearing was held, testimony regarding the applications was received, deliberation of the matters was undertaken, and a decision to table the three applications was made; and WHEREAS, the applications were reconsidered by the Planning Commission on January 30, 1992 at which time the Commission adopted Planning Commission Resolution No. 92 -1 recommending denial of Application Nos. 92001 and 92003 on the grounds that the Standards for a Variance contained in Section 35 -240, Subdivision 2 have not been met and that the site and building plans cannot be approved without a concurrent approval of the setback variance; and WHEREAS, this application, along with Application Nos. 92002 and 92003 were referred to the City Council for consideration at their February 10, 1992 meeting at which time the applications were reviewed, testimony was received, the matters were deliberated and the City Council decided to table the applications, with the concurrence of the applicant, to study possible ordinance amendments which might address redevelopment on Brooklyn Boulevard; and WHEREAS, subsequent to the tabling of this application, the City Council retained the consulting firm of Dahlgren, Shardlow and Uban, Inc. to undertake a study of Brooklyn Boulevard with a high priority given to the development proposal for 6901 Brooklyn Boulevard; and RESOLUTION NO. WHEREAS, the applicant revised its plans under Application No. 92001 by rearranging the building location and requesting a revision to Application No. 92003 by requesting a variance from Section 35 -700 of the Zoning Ordinance to allow a greenstrip less than 15' from the Brooklyn Boulevard and 69th Avenue right -of -ways; and WHEREAS, the Planning Commission reconsidered this application at its duly called meeting on October 29, 1992 and, following a public hearing at which testimony was taken and consideration of the revised plans was given, did recommend approval subject to 15 conditions found on pages 9 and 10 of the Planning Commission's October 29, 1992 minutes; and WHEREAS, the key condition of the Planning Commission's recommendation is Condition No. 14 which states: "Plan approval is contingent on the City Council adopting an ordinance amendment to allow a Council approved substitute for the 15' greenstrip requirement adjacent to public right -of -way. Said ordinance shall be effective prior to issuance of permits "; and WHEREAS, Application No. 92001 was considered by the City Council along with Application Nos. 92002 an 92003 on November 9, 1992 at which time the applications and Planning Commission recommendations were again reviewed, additional testimony both for and against the applications was received, and Council deliberation was conducted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings regarding Planning Commission Application No. 92001: 1. The denial by the City Council of Planning Commission Application No. 92002 for preliminary plat approval renders this application moot because a gas station and car wash cannot be located on a property that abuts R1 zoned property. 2. The denial of Planning Commission Application No.92003 for a variance from Section 35 -700 to allow a greenstrip of less than 15' also renders this application moot unless an ordinance amendment is accomplished. 3. Furthermore, the applicant has not provided evidence, either through his site plan or his submittal, that noise from the car wash will not adversely affect the Northwest Residence property to the west. This is in conflict with Standard (b) of Section 35 -222, Subdivision 2 which requires a special use not to be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor ' substantially diminish and impair property values within the neighborhood. RESOLUTION NO. 4. The applicant has not shown, to the satisfaction of the City Council, that it will provide adequate buffering, landscaping and screening to the single family residential property to the west. This fact is also in conflict with Standard (b) in that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to deny Planning Commission Application No. 92001 submitted by Phillips 66 Company on the basis of the above findings and considerations. Date Todd Paulson, 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 November 23, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB DEPT. APPROVAL: ( �w Paul Holmlund, Director of Finance MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUAWLARY EXPLANATION: (supplemental sheets attached ) • Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB ----------------------------------- WHEREAS, THE BROOKLYN CENTER LIONS CLUB has presented the City a gift of $700 and has designated that it be used for A TV -VCR for the Humboldt Square Police Sub - Station; and WHEREAS, the City Council is appreciative of the gift and commends the Brooklyn Center Lions Club for its civic efforts: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to acknowledge the gift with gratitude; and BE IT FURTHER RESOLVED that the gift be appropriated to the Police Department capital outlay budget. 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 Meeting Date 11/23/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1992 -26, WELLS NO. 4 & NO. 9 MAINTENANCE DEPT. APPRO AL: Sy Knapp Director of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attac ed SUMMARY EXPLANATION: (supplemental sheets attached The City's municipal water supply wells are maintained by Public Utility personnel, who provide the day -to -day inspections, adjustments, etc. necessary to ensure constant delivery of water to the City. As a part of the normal well maintenance schedule, the underground portion (column, shaft and pump) of each of the City's wells are "pulled" once every six years, for inspection and repair or replacement, by contractors who specialize in that type of work. Wells No. 4 and No. 9 were recently pulled in this maintenance cycle, and were found to require repairs to and replacements of their column pipes, line shafts and pumps. Also, a modest amount of loose sandstone has accumulated in the well cavities and should be removed at this time. Consequently, the City Engineer developed specifications and requested proposals for Improvement Project No. 1992 -26, Wells No. 4 and No. 9 Maintenance, for the above mentioned repairs and replacements. Of the two proposals received for the work, the lowest submitted was that of Layne Minnesota Company, of Minneapolis, Minnesota. The-proposals submitted were: Layne Minnesota Company $13,957.00 Keys Well Drilling Company $14,230.00 Layne Minnesota Company has considerable experience in this type of work in the • Metro area and has performed well on previous contracts with the City of Brooklyn Center, most recently, last year's well maintenance project. Accordingly, staff recommends award to Layne Minnesota Company, of Minneapolis, MN. RECOMMENDED CITY COUNCIL ACTION A resolution establishing the project, approving plans and specifications, accepting proposal and awarding contract to Layne Minnesota Company, is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1992 -26, WELLS NO. 4 AND NO. 9 MAINTENANCE WHEREAS, the City Engineer has reported to the City Council of the need for routine well maintenance; and WHEREAS, the City does not possess the parts or equipment necessary to perform the more specialized inspections; and WHEREAS, the City Engineer has developed plans and specifications for performing the necessary work; and WHEREAS, proposals for Wells No. 4 and No. 9 Maintenance were received, opened, and tabulated by the City Engineer, on the 13th day of November, 1992, and said proposals were as follows: Bidder Bid Layne Minnesota Company $13,957.00 Keys Well Drilling Company $14,230.00 WHEREAS, it appears that Layne Minnesota Company of Minneapolis, Minnesota, has provided the lowest responsible proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1992 -26, Wells No. 4 and No. 9 Maintenance, is hereby established. 2. The plans and specifications as prepared by the City Engineer are hereby approved. 3. The proposal as submitted by Layne Minnesota Company of Minneapolis, Minnesota is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $13,957.00, with Layne Minnesota Company in the name of the City of Brooklyn Center, for Improvement Project No. 1992 -26. 4. All costs relating to this project shall be charged to the Public Utility Water fund. RESOLUTION NO. 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 Meeting Date 11/23/92 Agenda Item Number — /// ,(-- REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS DEPT. APPROVAL: Sy Knapp, rector of Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /at ched SUMMARY EXPLANATION: (supplemental sheets attached Yes • We were very pleased with the number of volunteer groups who participated in this first year of the Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street programs. A total of 11 groups generously donated their time and energy to keeping these facilities clean. One group, Brooklyn Center Rotary Club, also planted trees in Central Park. We were especially pleased that the volunteer groups represent a cross - section of the community. Volunteers include service organizations, employee groups, schools, and neighborhood groups. A listing of the volunteer groups and their adopted facilities is attached. Organizations providing service have been recognized by small signs at their adopted facilities. The attached resolution thanks the groups for their commitment to this program. In addition, each group will receive a certificate of appreciation. City staff managing this program are Kent Korman, Park Maintenance Department, and Joyce Gulseth, Engineering Department. We recommend that this program be continued and expanded in 1993. A copy of the general information sheet which describes the program is attached. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for Council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in he t City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have generously volunteered their time and energy participating in the Ado t -A -Park Ado t -A -Trail and P gY P g P P Adopt -A- Street programs. WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the public service of the following groups is hereby recognized and appreciated: Brooklyn Center Community Oriented Policing Kids On The Move Daycare Brooklyn Center Charter Commission Neighbors of Bellvue Brooklyn Center Rotary Club Target "Good Neighbors" Brooklyn Swim Club Textron Financial Corporation Children's World Twin Lake Association Evergreen Park School & P.T.O. 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. ADOPT A PARK /TRAIL /STREET ... . .... ... . ....... .. .............. . ........ ....... . . . . . . . . . . . .... . .... Central B.C. Rotary Club 337-9215 Charlie LeFevere Grandview Children's World 427-9628 Theresa Anderson Twin Beach,Twin Lake Twin Lake Association 535-7646 Kristen Mann Island, Twin Lake North, Twin Lake Peninsula, Twin View Outlots East & West Palmer Lake Target, Brooklyn Center 566-0739 Chris Hixon "Good Neighbors" Shingle Creek North Brooklyn Swim Club 560-7556 James Riess Evergreen Park Evergreen Park School & 561-0270 Ken Berg P.T.O. Bellvue Park Neighbors of Bellvue 566-8932 Wendy Aaserud Firehouse Park Brooklyn Center Charter 561-7442 Myrna Kragness Commission Orchard Park Kids On The Move Daycare 535-7304 Jan Tieden Earle Brown Drive (Street) Textron Financial Corp. 569-5232 Laura Funck Shingle Creek South B.C. Community Oriented 569-3333 Dave Tombers Policing CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 I:BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 Dear Community Organization: The City of Brooklyn Center is pleased to offer your organization an opportunity to become involved in the recently approved Adopt -A -Park, Adopt -A- Trail, Adopt -A- Street Programs. These programs are modeled after the MNDOT Adopt -A- Highway Program, and are designed to involve civic organizations in a personal commitment to provide a cleaner and safer community. Community groups, clubs, churches, schools, service organizations, neighborhood groups, scouts, and individuals are being asked to consider adopting one of the city facilities highlighted on the enclosed map. Participating groups are asked to commit to providing service at least three times a year for at least two years. In return, participating groups will receive recognition in the form of a small sign at the facility, a City Council resolution thanking them for participating, and the satisfaction of providing a useful community service. Participants are asked to provide trash pickup and general cleanup. It is also possible for groups to be involved in weed pulling and flower bed /shrub maintenance, flower planting, painting, or other occasional services. Mr. Kent Korman of the Park Maintenance staff is available to provide assistance in selecting a City facility which best meets the interests and needs of participating groups. The Park Maintenance Department will provide trash bags, gloves, litter pickup sticks, and other materials, as well as safety vests for participants working near traffic. Park Maintenance staff will collect and dispose of trash bags and other items. If your organization is interested in participating in the Adopt -A -Park, Adopt -A- Trail, Adopt - A- Street programs, please contact Kent Korman in the Park Maintenance Department, 569- 3380, or Joyce Gulseth in the Engineering Department, 569 -3340, or send in the enclosed application form . Projects will be allocated on a first -come first- served basis. Thank you for considering participating in this program. We look forward to working with you on this program. Sincerely, Diane Spector PUBLIC WORKS COORDINATOR hL 19B6ALL #MFfiCA CfiY CITY OF BROOKLYN ADOPT CENTER A PARK TRAIL APPLI CA TION FORM STREET The City of Brooklyn Center reserves the right to refuse, cancel or revise this agreement if in its sole judgement the nature of the group or its sign is political, controversial, or in questionable taste, or if the i roup is not meeting the terms and conditions of this agreement. By signing this agreement, the group acknowledges the nature of the work and agrees to comply with the terms and conditions herewith to the satisfaction of the City of Brooklyn Center. Except for negligent acts of the City of Brooklyn Center, its agents and employees, the volunteers or their agents shall assume all liability for, and save the City of Brooklyn Center, its agents and employees, harmless from, any and all claims for damages, actions or causes of action arising out of the work to be done herein. Any and all volunteers of the group or other persons while engaged in the performance of any work or service performed under this agreement shall not be considered employees of the City of Brooklyn Center, and any and all claims that may or might arise under the Worker's Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party of the group's volunteers or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the City of Brooklyn Center. 4:Y.!!rYr:r.4 "i.iiJ <::•JJJJJJJJ;;ry4JJ rry f/.: v l.M.:H1.:4V:!. % <^:!!!< <i:•'Y.! Jf.< Wf .:!V4%At +.hWO'n'Y. « <!.JJ:<:WJJ !!.% r:• f. C9ttiJ% ry. P.: YKt .:X.:ti.: <.JJNt•:O.v,.:<6:ti• \.J: N: W:« 4Yr» J>:<.J:JC:.n•R;;•V;•Y!!.iJJJJJ� .J:: <K!.J!R:...... \ \ \W:vJ::vJ. JJTWt Name of Group (Please Print) Name of Group Representative Address Phone (H) (W) Name to Appear on Sign lst Choice Park/Trail /Street 2nd Choice Park /Trail /Street Signature of Group Representative Date CITY OF BROOKLYN ADOPT mm"Allm CENTER A PARK TRAIL TE "S AND CONDITIONS STREET 1. The group agrees to pick up litter and perform other duties as agreed to in the assigned City park/trail /street at least three (3) times per year over a two year period. Park maintenance staff suggest that the services be provided during the following periods: April 10 - May 10; July 1 - 31; and September 1 - 30. Groups are welcome to volunteer more often, or during other periods as appropriate. 2. The group shall perform said services during daylight hours only. 3. The group shall provide adequate supervision to participants eighteen years of age or younger on site at all times during the project. 4. The group shall arrange project dates at least one week in advance with designated City Adopt -A Program personnel. The group shall obtain materials during regular City Garage business hours, which are 7:00 a.m. - 3:30 p.m. Monday- Friday. The Garage is located at 6844 Shingle Creek Pkwy, and the phone number is 569 -3380. 5. The group shall place filled trash bags and other items to be discarded at a prearranged pick -up point at each project location. Groups are encouraged to recycle appropriate materials for their own benefit. 6. Borrowed or unused supplies shall be returned to the City garage within one week. 7. Groups wishing to contribute other services or perform one time special projects should contact designated City Adopt -A Program personnel. Any planting projects must be approved in advance by the Director of Public Works. The City qf' Brooklyn Cutter agrees to: 1. Provide trash bags, gloves, and litter pickup sticks. Safety vests will be provided if volunteers will be working on a street. When necessary, as determined by the City Engineer or his designee, temporary traffic warning signs will be provided. 2. Arrange to remove filled trash bags and large, heavy, or hazardous materials from the project location. 3. Erect a sign at the protect location highlighting the group COIllillitnleilt to the Adopt -A Program and obtain an annual City Council resolution thanking the group for its commitment. 29 V 13 I I ♦ 16 12� - • -- ----------- - - - - - - -- 33 = 34 45 43 \. 17 42 T 30 14 -- - -- 37 , 7 ? 6 - '19 I 26 l • 4 ..,R- ' .............. . . i ----------------- , 8 10 35 $ 44 20 i I 39 _ f • 0. " t E - - -- - - - - - -- 32 L _ �— — — —!: ♦ 46 23 . 5 3 1 25 i -1 .28 . ro�u C��3o©CSL� 17M �11�1�i'v� sC( 47 i 4 �1 MUM IFRAIF� �Ulp SIDEWALKS \\ EXISTING ON STREET TRAILS EXISTING OFF STREET TRAILS 1 a I - - - - -- PROPOSED ON STREET TRAILS PROPOSED OFF STREET TRAILS Mw.a MAP I SEE KEY ON REVERSE SIDE 11 , ADOPT -A PROGRAM SITES PARK I III. TRAIL ,,.....,.. STREET • • 0 Adopt -A -Park 1. BELLVUE 55th and Aldrich Avenues 2. GRANDVIEW 59th and Humboldt Avenues 3. LIONS 55th and Russell Avenues 4. HAPPY HOLLOW 50th and Abbott Avenues 5. NORTHPORT 55th and Sailor Lane 6. GARDEN CITY 63rd and Brooklyn Drive 7. BROOKLANE 65th and Drew Avenues 8. KYLAWN 61st and Kyle Avenues 9. ORCHARD LANE 65th and Orchard Lane 10. WANGSTAD 61st and France Avenues 11. WILLOW LANE 69th and Orchard Lane 12. WEST PALMER Palmer Lake Circle 13. EAST PALMER 71st and Oliver Avenues 14. FIREHOUSE 65th and Bryant Avenues 15. EVERGREEN 72nd and Bryant Avenues 16. RIVERDALE Dallas and Riverdale Roads 17. FREEWAY 67th and Beard Avenues 18. TWIN BEACH Twin Lake and Lakeside Avenues 19. CENTRAL Shingle Creek Parkway and Brooklyn Drive 20. RIVER RIDGE Mississippi River and 194/694 21. LAKESIDE Twin Lake Boulevard and Lakeside Place 22. MARLIN Marlin Drive and Indiana Avenue 23. TWIN LAKE ISLAND Upper Twin Lake 24. TWIN LAKE NORTH 58th and Major Avenues 25. TWIN LAKE PENINSULA Halifax and Eckber- Avenues 26. ARBORETUM 61st and Major Avenue 27. SHINGLE CREEK NORTH Both sides of Brooklyn Blvd, north of Wingard Lane 28. TWIN VIEW OUTLOTS 51st Avenue and Twin Lake Boulevard 29. WELL HOUSES East side of Camden Avenue, 70th to 72nd Adopt -A -Trail 30. SHINGLE CREEK NORTH 69th Avenue to 194/694 Pedestrian Bridge 31. SHINGLE CREEK SOUTH Hennepin County Center to CR 10 32. LILAC DRIVE Centerbrook Golf Course to CR 10 33. 69th AVENUE Brooklyn Blvd to Shingle Creek Parkway (avail 1993) Adopt -A- Street 34. SHINGLE CREEK PKWY N 69th Avenue to I94/694 35. SHINGLE CREEK PKWY S 194/694 to CR 10 36. FREEWAY BOULEVARD WEST Xerxes Avenue to Shingle Creek Parkway 37. FREEWAY BOULEVARD EAST Shingle Creek Parkway T.H. 252 38. SUMMIT DRIVE Shingle Creek Parkway to T.H. 100 39, JOHN MARTIN DRIVE Shingle Creek Parkway to T.H. 100 40. EARLE BROWN DRIVE John Martin Drive to Summit Avenue and loop north 41. COUNTY ROAD 10 Brooklyn Boulevard to T.H. 100 42. HUMBOLDT AVENUE 194/694 to 69th Avenue 43. DUPONT AVENUE NORTH 194/694 to 69th Avenue; 44. DUPONT AVENUE SOUTH 194/694 to 57th Avenue 45. WEST RIVER ROAD 66th Avenue to 73rd Avenue 46. LYNDALE AVENUE 53rd Avenue to 57th Avenue (includes river bank) 47. FRANCE /LAKEBREEZE AVES 51st to Azelia Lane CITY OF BROOKLYN CENTER Council Meeting Date November 23, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD - PARTY AGREEMENTS FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DEPT. APPROVAL: Toni u litz, Assistant EDA Coordinator r MANAGER'S REVIEW/RECOMIVIENDATION. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached )Les This resolution would authorize the City to enter into formal agreements with the implementing agencies for several Community Development Block Grant (CDBG) program activities for Year XVIII which covers the period July, 1992 through December, 1993. These agreements are executed as part of each funding cycle for the Urban Hennepin County CDBG program. The implementing agencies and activities are as follows: AGENCY CDBG ACTIVITY Metropolitan Council Eligibility verification for home rehabilitation grant program Senior Community Services Household Outside Maintenance for the Elderly (H.O:M.E.) Brooklyn Center EDA Scattered Site Acquisition Program Copies of each of the three (3) third -party agreements are included with this request form. Staff will be present at Monday's meeting to answer any questions the Council may have regarding the agreements. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of Resolution Authorizing Mayor and City Manager to Execute Third - Party Agreements for Year XVIII Urban Hennepin County Community Development Block Grant Program. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS the City ouncil of the City of Brooklyn Center Y Y Y by Resolution No. 92 -185 has authorized a subrecipient agreement with Hennepin County for the Year XVIII Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center, Metropolitan Council and Senior Community Services, serve as providers of Community Development Block Grant activities in the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that its Mayor and City Manager are hereby authorized to execute third -party agreements between the City of Brooklyn Center, the Economic Development Authority in and for the City of Brooklyn Center, Metropolitan Council and Senior Community Services for the purpose of implementing Year XVIII Community Development Block Grant Program activities. 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 Meeting Date Agenda hem Number f` REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED FOR IMPROVEMENT PROJECT 1992 -02, LOCAL AREA NETWORK SYSTEM FOR THE CITY OF BROOKLYN CENTER FACILITIES DEPT. APPROVAL: &JV'44 A. - o BARBARA A. GALLO, MIS COORDINATOR /PAUL HOLMLUND, FINANCE DIRECTOR MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Resolution No. 92 -33 authorized the Improvement Project 92 -02, Local Area Network System for the City of Brooklyn Center Facilities. All work on this project is now complete. During the course of this project additional items were found necessary to assure the proper operations of the local area network. These included: • additional data communication cables • two T1 modems • T1 circuit installation • a repeater and two additional hubs s` This project was broken into two parts: the Civic Center and Garage facilities, funded by the General Fund; and the Earle Brown Heritage Center, funded by the Earle Brown Farm Tax Increment Financing District Fund. The total cost of this project for the Civic Center and Garage was $75,004, which was $3,221 over the estimated project cost, which does not exceed the amount appropriated in the 1992 annual budget. The total for the Earle Brown Heritage Center was $5,094 which was $699 over what was appropriated. Actionf Required A resolution accepting the work performed is provided for Council consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED FOR IMPROVEMENT PROJECT 1992 -02, LOCAL AREA NETWORK SYSTEM FOR THE CITY OF BROOKLYN CENTER FACILITIES WHEREAS, Resolution No. 92 -33 established Improvement Project 92 -02, Local Area Network System for the City of Brooklyn Center Facilities to be funded from the General Fund and the Earle Brown Farm Tax Increment Financing District Fund; and WHEREAS, work on the project is now complete and is recommended for acceptance NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project 92 -02 is hereby complete and accepted. 2. Final project costs are as follows: General Fund As Estimated Final Hardware $40,531 $41,129 Software $26,356 $25,071 Communications $2,696 $5,926 Support & Training $2,200 $2,878 Total 71 783 $ 75.1-0-0 4 Earle Brown Farm Tax Increment Financing District Fund As Estimated Final Hardware $3,032 $3,793 Communications $950 $1,301 Total 3 982 5 094 3. Additional costs in the amount of $699 for the Earle Brown Heritage Center local area network are to be funded by the Earle Brown Farm Tax Increment Financing District Fund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 11/23/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. /e Licenses to be approved by the City Council on November 23, 1992: GASOLINE SERVICE VIC STATION Brookdale Unocal 76 5710 Xerxes Ave. N. Brooklyn Center Service 76 6245 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. City Clerk MECHANICAL SYSTEMS Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd. - Building Official RENTAL DWELLINGS Initial: Steven & Marla Gemar 5540 Knox Ave. N. Mike Hannon 1339 - 67th Lane N. Renewal: Randall B. Cook 5347 Brooklyn Blvd. Ronald L. Nyberg 5301 Dupont Ave. N. Patrick Menth 5302 Fremont Ave. N. Delores Hanson 7210 Perry Court East Duane & Jenny Christiansen 5400 Sailor Lane Gregory M. Ray 3713 Urban Ave. N. Director of Planning and Inspections GENERAL APPROVAL: P. Page, Dep y Clerk