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HomeMy WebLinkAbout1984 12-17 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 17, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Scott would be absent from this evening's meeting. INVOCATION The invocation was offered by Rev. Swenson of the Brooklyn Center Baptist Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone in the audience who wished to address the Council at Open Forum. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. The City Manager stated that he would like to remove 8d from the Consent Agenda since this was a handout item at the meeting. Mayor Nyquist requested items 8c and 8k removed from the Consent Agenda and Councilmember Lhotka requested items 8b, 8f, and 81 removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 84 -181 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -I (PARK SHELTER IMPROVEMENT PROJECT NO. 1983 -10) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -182 Member Gene Lhotka introduced the following resolution and moved its adoption: 12 -17 -84 -1- RESOLUTION ACCEPTING QUOTATION FOR PURCHASE OF MICROFILM READER /PRINTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -183 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -184 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF RADIO ACTIVATED SIREN SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -185 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) 72 ROTARY MOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -186 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12 -17 -84 -2- LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Red Lobster _ 7235 Brooklyn Blvd. BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 N. Lilac Dr. CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. Ault 1600 Freeway Blvd. Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Beacon Bowl 6525 Lyndale Ave. N. Brookdale Ford 2500 County Rd. 10 Brooklyn Center Mobil 6849 Brooklyn Blvd. Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. Denne's Market 6912 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Gift Shop Too 1501 Freeway Blvd. Inter City Oil 6300 Brooklyn Blvd. K -Mart Corp. 3600 63rd Ave. N. Lynbrook Bowl 6357 N. Lilac Dr. Miernik Vending 7258 Commerce Cir. E. Brookdale Towers 2810 County Rd. 10 Hiawatha Rubber 1700 67th Ave. N. Total Petroleum 6830 Brooklyn Blvd. GASOLINE SERVICE STATION LICENSE Brooklyn Center Mobil 6849 Brooklyn Blvd. Davies Water Equipment 4010 Lakebreeze Ave. N. Green Meadows 3319 49th Ave. N. Munn Black Top 3601 48th Ave. N. Northern States Power 4501 68th Ave. N. Osseo - Brooklyn Bus Co. 4435 68th Ave. N. Total Petroleum 6830 Brooklyn Blvd. MECHANICAL SYSTEMS LICENSE Rapid Heating & Air Cond. 205 Atlantic Ln. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Brookdale Urgent Care 6000 Earle Brown Dr. North France Health Club 4001 Lakebreeze Ave. Salvation Army 2300 Freeway Blvd. 12 -17 -84 -3- i OFF -SALE NONINTOXICATING LIQUOR LICENSE Country Store 3600 63rd Ave. N. POOL TABLE LICENSE Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 N. Lilac Dr. PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle RENTAL DWELLING LICENSE Initial: S 0 S Properties 5200 France Ave. N. Gregory M. Ray 3713 Urban Ave. N. Renewal: E. Sullivan, H. Oien 5329, 33 Brooklyn Blvd. Gary & Vicki Zimmerman 6527 Brooklyn Blvd. Fred Johnson 5324 Bryant Ave. N. Robert A. Gold 7217 Camden Ave. N. Larry Fields 6618 Camden Dr. E. Sherritt, J. Sherritt 5235, 37 Drew Ave. N. Leroy G. Meyering 6400 Major Ave. N. Glen Marsh 910 55th Ave. N. Eugene W. Hess 3218 36rd Ave. N. Larry Pederson 5401 63rd Ave. N. Gary M. Olson 3715 69th Ave. N. Gladys E. Perisian 3806 72nd Ave. N. SPECIAL FOOD HANDLING LICENSE European Health Spa 2920 County Rd. 10 SWIMMING POOL LICENSE Brookwood Estates 6201 N. Lilac Dr. TAXICAB LICENSE Suburban Yellow 127 1st Ave. S. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - NOVEMBER 19, 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of November 19, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - DECEMBER 3, 1984 There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the City Council meeting of December 3, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Hawes and Theis. Voting against: none. The motion passed. Councilmember Lhotka abstained from voting as he was not present at the December 3, 1984 meeting. 12 -17 -84 -4- APPOINTMENT TO PARK Sc RECREATION COMMISSION There was a motion by Counci member Theis and seconded by Councilmember Hawes to appoint Mr. Carl T. Manson, 7100 Dupont Avenue North, Brooklyn Center, to the Brooklyn Center Park & Recreation Commission (Park Service Area 2) to complete the unexpired term of former Commission member Vicki Denissen whose term expires on December 31, 1985. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a resolution granting final approval for an Industrial Development Revenue Bond and explained that the resolution comprehends phase 2 of the Brookdale Corporate Center, Incorporated proposed by Brookdale II Limited Partnership, in the amount of $8,100,000. RESOLUTION NO. 84 -187 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, APPROVING THE ISSUANCE AND SALE OF $8,100,000 COMMERCIAL DEVELOPMENT REVENUE BONDS(BROOKDALE II LIMITED PARTNERSHIP PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -188 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending the 1984 General Fund Budget. Mayor Nyquist commended the City Manager, Finance Director and City staff for managing the budget. He stated that Brooklyn Center is one of the few cities that operates efficiently and innovatively. Mayor Nyquist inquired whether the figure for legal costs in the resolution includes the money received from the courts. The Finance Director explained that the amount in the budget does include reimbursements for legal fees from the courts. The Council discussed the street construction account overage of $25,000. The City Manager pointed out that this was a result of increasing the contractural account by $25,000, but with a corresponding decrease in the Park & Recreation personnel costs. He noted that the contractural amount was for sealcoating the City streets by contract rather than in -house labor. As a result, he pointed out there was a corresponding decrease in the personnel costs. Councilmember Theis stated it would seem appropriate to have a corresponding decrease in the Park & Recreation 12 -17 -84 -5- personnel account shown in the resolution. The Director of Finance explained that it was not known at the time of the budget adoption exactly which account the savings would come from and that the final report in 1984 should show the amount underspent in the park maintenance budget. RESOLUTION NO. 84 -189 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution to Transfer Funds from the Federal Revenue Sharing Fund to the General Fund, and pointed out that all capital outlay is purchased from the General Fund and then reimbursed from Federal Revenue Sharing. RESOLUTION NO. 84 -190 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Setting Wages and Salaries for the Calendar Year 1985, and explained that this item also includes a discussion of a request from the police department clerk dispatchers regarding pay for work on holidays and a comparison of elected official salaries in other communities. The City Manager proceeded to review the personnel ordinance with regard to the request for change in holiday pay and explained that the ordinance change would provide premiun pay for dispatchers and other employees working on certain holidays, including New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. The City Manager stated that he was also recommending a change in Council salaries, since the survey data shows that there is a justification for an increase. He explained that the Council salaries had not been adjusted since 1978 and that he is recommending an increase from $4,140 per year to $4,600 per year for Council salaries. He added that the increase would bring the Council salaries in line with what other suburban metropolitan communities are paying. He explained that the Mayor's salary appears to be in line with other communities and that he is not recommending an increase for the Mayor's salary. He noted that the Mayor has not accepted any salary for the position and returns the amount to the City's General Fund. With regard to nonorganized City employees, the City Manager explained he is recommending a 5% increase, and noted that there have been no settlements yet with 12 -17 -84 -6- the organized bargaining units in the City. He explained that the City is going into mediation with the Police Department and several settlements in other communities with police are at the 5% level. Also, he pointed out the Public Works settlement appears to be at the 5% level, especially since settlements in Public Works have occurred in the metropolitan area and there really could be no expectation of any variance from this through arbitration. RESOLUTION NO. 84 -191 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1985 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 84037 SUBMITTED BY THOMAS P. RALPH FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL AT 5331 63RD AVENUE NORTH AND AN ADJACENT OUTLOT TO THE EAST The Director of Planning & Inspection presented and reviewed for Council members pages one through two of the December 6, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84037. He reviewed the location of the subject parcels and explained the purpose of the application is to create two single family lots for residential development. He then showed a transparency of the proposed subdivision, and explained that the Planning Commission held a public hearing at its December 6 meeting at which no one except the applicant requested to speak. He added that the Planning Commission recommended approval of Application No. 84037 subject to four conditions which he reviewed for Councilmembers. He noted that a public hearing on the application has been scheduled for this evening's meeting. The Director of Planning & Inspection pointed out that there is presently a 30' wide access easement over the easterly 30' of the existing corner lot and that it is not a City easement and appears to be unneccessary, since all adjacent lots have access via public streets. He added that the easement should be vacated for the benefit of Lot 2 although it does not make the property unbuildable. Councilmember Theis inquired whether there was anything in the ordinance which would require centering of the house on the lot. The City Manager stated that he believes the economics of the situation would dictate centering the home on the lot. The City Attorney stated that it is typical when a plat is approved that the conditions of approval are set out. In this situation, he pointed out neither the City nor the applicant knows what the easement is. He recommended approval of the preliminary plat with the removal of the easement as a preliminary plat condition and if this cannot be done it will return to the Council. The applicant pointed out that the information he has indicates that it is a public easement but no record of the public easement exists at the county. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 12 -17 -84 -7- There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Application No. 84037. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 84037, subject to the following conditions: 1. T he final lat is subject to review and approval b the C' P J PP Y City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An agreement for the payment of utility hookup charges for water and sewer shall be entered into prior to final plat approval. 4. Building permits for the proposed Lot 2 shall not be issued until the final plat has been approved by the City Council and filed with the County. 5. A determination of the existing easement on the property shall be made and said easement shall be removed prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 84038 SUBMITTED BY BRIAN COOK FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A TWO -BAY QUICK LUBE FACILITY ON THE SOUTHERLY PORTION OF THE CAR -X MUFFLER SHOP SITE AT 6810 BROOKLYN BOULEVARD The Director of Planning & Inspection presented and reviewed for Council members pages two through three of the December 6, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84038. He reviewed the site and building plan and explained that the request was for a special use permit for the Quick Lube Facility for autos at 6806 Brooklyn Boulevard. He explained the use is a special use in the C2 zone. With regard to parking, the Director of Planning & Inspection explained that the utilization of these buildings under the proposed application and with the parking requirements qu for the service use would forego this area for an future retail g Y activity. The Director of Planning & Inspection reviewed the landscaping plans submitted with the application. He then stated that the Planning ommission held a public hearing g P g on the application at its December 6, 1984 meeting, and recommended approval subject to ten conditions which he reviewed for Council members. He noted that a public hearing has been scheduled on the special use application and the required public notices had been sent. He also pointed out the applicant was present. Councilmember Hawes suggested a possible 11th condition of approval regarding street cleaning related to the excavation. The Director of Public Works explained that the excavation should be only minor side work and no major soil correction work is anticipated. The City Manager suggested a condition regarding the re -use of the 12 -17 -84 -8- buildings, since the site could not meet the retail parking requirements. He asked that the applicant recognize this in writing and that he understands the City ordinance regarding parking requirements. The Director of Planning & Inspection explained that retail use of the site would require more parking stalls than is available on the site. The Council then reviewed the building plans submitted with the application and Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84038. Mayor Nyquist recognized the applicant who explained that the width of the building is 30' wide and that the opening in the floor is in the center so that only one car can be serviced per bay. Mayor Nyquist inquired as to the number of cars per day which could be serviced. The applicant stated that between 30 and 50 cars per day could be serviced. Councilmember Lhotka inquired what would be stored in the lower level of the building. The applicant replied that items such as windshield washer fluid, transmission fluid, and case oil would be stored there. Hearing no further requests to speak at the public hearing, Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Application No. 84038. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Application No. 84038, 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 approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 12 -17 -84 -9- 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 10. The applicant shall enter into a standard agreement for the payment of utility hookup charges prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -192 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Plan Layout for Improvement of I -694 Between T.H. 100 and I -35W. The Director of Public Works reviewed the proposed improvement plans for I -694 between Humboldt and T.H. 100 east to I -35W. He explained the improvement consists of widening I -694 to three through lanes with improved merging lanes. He added that the additional lane would be added at the Dupont Avenue bridge and the T.H. 252 interchange. He explained that T.H. 100 would end up with its own through lane and a merging lane. He pointed out that the I -694 bridge was designed to accommodate an additional driving lane. Councilmember Lhotka pointed out the problem of the closeness of the ramps off I -694 going north on T.H. 252 and from T.H. 252 to east I -694. The Director of Public Works stated that the additional inside lane will be built so through traffic will be in this lane and that it will help to alleviate the squeeze of traffic in this area. The Director of Public Works stated that the project will widen both directions across the bridge and that the proposed timetable is to have the contracts let in 1986 and the project completed in November 1988. In addition to the project proposed by the State, the Director of Public Works recommended that the City request the Minnesota Department of Transportation to incorporate certain design features into the construction plans for their project, including the redesign of the exit ramp from westbound I -694 to northbound T.H. 252 to facilitate the ability of the vehicles to make a left turn at 66th Avenue North and also the addition of a pedestrian /bicycle trail facility to the I -694 bridge across the Mississippi River. RESOLUTION NO. 84 -193 Member Gene Lhotka introduced the following resolution and moved its adoption: 12 -17 -84 -10- RESOLUTION APPROVING LAYOUT FOR IMPROVEMENT OF INTERSTATE HIGHWAY 694 BETWEEN T.H. 100 AND I -35W The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -194 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCORPORATE CERTAIN DESIGN FEATURES INTO CONSTRUCTION PLANS FOR THE IMPROVEMENT OF INTERSTATE HIGHWAY 694 BETWEEN T.H. 100 AND I -35W The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with Minnesota Program Development, Incorporated. He explained the agreement provides for continuation of the Domestic Assault Intervention Project in Brooklyn Center and is authorized by the 1985 budget. Mayor Nyquist requested that since the project is to not discriminate on the basis of sex, the references to "women" in the contract should be changed to "spouses." RESOLUTION NO. 84 -195 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MINNESOTA PROGRAM DEVELOPMENT, INCORPORATED The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bids and Authorizing Purchase of a Copy Machine and recommended that the bid of IBM in the amount of $25,275 be accepted. Councilmember Lhotka inquired whether the possibility of leasing machines had been reviewed. Administrative Assistant Hoffman pointed out that it is more expensive to lease over the life of the machine. RESOLUTION NO. 84 -196 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF ONE (1) COPY MACHINE 12 -17 -84 -11- The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Purchase of a Police Mobile Command Center. He explained the Command Center provides complete radio and mobile telephone facilities in emergency situations. An example, he pointed out, was the Howe fire where communications at the scene were lacking. He added that the useful life of the equipment is approximately 15 years. Mayor Nyquist inquired whether there were any surrounding suburbs which have this type of equipment and whether or not the costs could be shared. The City Manager explained that Brooklyn Park and St. Louis Park have the equipment but he added that he does not know how long the funds will be available and if there is time to pursue the ro 'ec t jointly. P J J Y• Councilmember Hawes expressed a concern over the fact that the mutual aid pact may mean that the equipment could be used more extensively and that it could have a detrimental effect on the life of the equipment. The City Manager explained that there is usually a balance with other departments since the departments tend to use what the other does not have and vice versa. Councilmember Hawes questioned the $6,000 for the consulting fee connected with the equipment. The City Manager explained that he was not P sure of this cost but was advised by the federal government to make certain that all costs were adequately covered before submission of the application. He noted that the Mobile Command Center would have the same capability as the dispatch center and is a fairly complicated and technical project to undertake, thus, the need for a technical consultant. Councilmember Theis suggested the possiblity of using Brooklyn Park's vehicle and putting the mobile communications equipment in it. The City Manager stated that he believes Brooklyn Park's vehicle is a 12 year old school bus. Councilmember Theis stated that he believes there should be a less expensive way of accomplishing the same ends which are privacy for communications in emergency situations. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to table the Resolution Authorizing Purchase of a Police Mobile Command Center to the January 14, 1985 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9:26 p.m. DISCUSSION ITEMS PLANNING COMMISSION RECOMMENDATION REGARDING INTERIM ORDINANCE SUSPENDING CERTAIN DEVELOPMENT IN THE CITY The City Manager explained that the Planning Commission at its December 6, 1984 meeting recommended a moratorium on development of C2 zoned land in the City, and added that the staff is recommending a moratorium on all retail development in the City. He pointed out the Planning Commission is asking that the Council consider 12 -17 -84 -12- their recommendation and would request that they review any final ordinance prior to its passage. The Director of Planning & Inspection reviewed the parcels which would be affected by such an interim ordinance, and explained that the main concern of the Planning Commission and staff was the City's need for additional retail development. He added it seems that Brooklyn Center has been attracting more of the same kind of development that the City already has. He pointed out that the staff and Planning Commission questioned the need for this, and that with the Byerly's project abandoned and no plans for the parcel, the staff and Planning Commission felt the time was right to assess the need for additional commercial development in the City. He explained the staff recommended an interim ordinance and study be undertaken for vacant C2 land and to limit the study to retail uses in the C2 zone. He pointed out the Planning Commission felt it would be appropriate to study all uses for C2 land and that the Planning Commission also recommended a study be undertaken as soon as possible so the moratorium would not drag out over time. He stated the recommendation is for a 12 month moratorium with an 18 month extension and a provision so that the ordinance could be rescinded prior to one year. He explained that the staff calculates that approximately 225 acres of land in the City is now zoned C2 and devoted to retail use. He then reviewed the Planning Commission minutes regarding the recommended study to be undertaken in conjunction with the interim ordinance. Councilmember Hawes inquired whether there were any retail proposals currently underway. The Director of Planning & Inspection explained that some discussion had been held regarding the old Byerly's site but no specific proposals had been submitted at this point. Counci lmember lmember Hawes expressed a concern about a possible lawsuit and the subsequent costs. The Director of Planning & Inspection replied that the City could also consider the cost to the City, if the study is not conducted. The City Manager explained that proposals currently in the discussion stages for C2 zones include the old Byerly I s site, the land north of LaBelle I s, and the C2 land by the Lynbrook Bowl. Councilmember Theis inquired as to the reasons for the study, whether it was related to traffic, competition for existing retail uses or re-use of existing buildings. The Director of Planning & Inspection explained the purpose of the study would be to examine primarily whether or not the City has reached the saturation point for retail uses. Councilmember Lhotka questioned how the study would quantify present and future needs for retail. The Director of Planning & Inspection explained that he did not know and that this would be one of the outcomes of the study. Councilmember Lhotka then inquired whether the study would be done by staff or by consultant. The Director of Planning & Inspection explained that a certain amount would have to be contracted out, but that the staff could certainly do some of the preliminary work and that in terms of time and skill a consultant would be needed to complete the study. Councilmember Lhotka then requested a cost estimate for the study. The Director of Planning & Inspection explained the cost would be between $18,000 and $36,000. Councilmember Lhotka then inquired of the City Attorney where the City stood legally with regard to such a moratorium. The City Attorney replied that, even before the State statute was enacted, a Minnesota case existed where a developer was in the Council Chambers with a proposal and the Council did not know what to do with the proposal since they had no plan developed. He explained the Council's inquiry resulted in rezoning, and they were subsequently sued by the developer and the Council's action was upheld by the Supreme Court and the case was 12-17-84 -13- later codified into State law. The City Attorney explained that, if the zoning is changed on a piece of property after a plan is completed, the owner does not have a vested right to the zoning as long as the City does not interfere with an existing project. He added that he is confident the City would have no problem with the State law. Councilmember Lhotka expressed a concern with the statements made regarding certain developments and that the staff and Council seem to be asking questions after the fact and not before. He added that he would like to know when the time for the moratorium would begin. The City Attorney explained that the statute says the City can't have a moratorium if preliminary plat approval is granted to a project. He added that his judgment is that, if the City grants preliminary approval for any project then you have led the developer to believe that the project would be approved, and if he has spent any funds on the project at all then the City would have a problem, if the City had indicated some type of preliminary approval. The City Manager stated that the memo to which Councilmember Lhotka refers addresses the abandonment of several retail areas in the City and that the City staff has been concerned for some time regarding the vacancies of these buildings, Brookdale Square being one example. He added that he is concerned that the metropolitan area has more retail zoning than is necessary and that City's may be trading areas and creating vacant buildings where retail activity is moved on to another City and moves from City to City. Councilmember Lhotka inquired whether there was any waiting period for a moratorium. The City Attorney explained that the same procedure is used as for amending the City zoning ordinance. Councilmember Lhotka then inquired that if Ryan Construction wants to develop the Byerly Is site does the moratorium end these discussions. The City Attorney stated he does not believe any applications have been submitted at this point and also the time period for passing the ordinance would be less than the time required for the application, even if it were filed tomorrow. Councilmember Lhotka then inquired how long it would require to pass the zoning ordinance amendment. The Director of Planning & Inspection explained that the Planning Commission could recommend the ordinance as early as Thursday and the Council could approve a first reading on January 14 and a public hearing and second reading could be scheduled for the first meeting in February. After the second reading, he explained that the ordinance would become effective 30 days following the original publication date. He added that the effective date would be approximately the middle of February. Councilmember Theis expressed a concern with the possible consultant proposal, and added that he would like to see this prior to the first reading of the ordinance. He added he would also like to see examples of excess retail in other cities and what problems it created and why there is a problem with retail attracting more retail. The City Manager explained that the moratorium is needed only if a study is to be undertaken. The City Attorney commented that the State statutes says the decision to do a study justifies the moratorium. Councilmember Lhotka then inquired whether the moratorium would have to be enacted at the time of the study. The City Attorney replied that it would not and that if the study is being conducted and the City gets development pressure then the moratorium can be adopted until the study is finished. The City Manager explained the Council could direct the staff to prepare an ordinance on the moratorium and also preliminary information on the study and prepare responses to Councilmember Theis' questions. The City Council continued its discussion on the possible interim ordinance and study on retail use in the City. Councilmember Lhotka suggested that the Council 12-17-84 -14- may want enough information to determine if the study is a good idea. Mayor Nyquist suggested that the Council could direct the staff to present a proposed study and address the question of what would happen if the City does not conduct a study. The City Attorney pointed out that the State statute addresses the issue of the study and that the only action the Council can take is by motion, ordinance or resolution. He added that if a vote is not taken it is not an official action under the statute which permits the interim type ordinance. Councilmember Theis stated that he was not comfortable with asking the staff to draft an ordinance for first reading but he is willing to ask for information and details on a proposed study. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to direct to the City staff to prepar=e information regarding a study to assess the impact of and need for additional retail development in C2 zoned land for the January 14, 1985 City Council meeting and respond to the questions of Councilmember Theis regarding the study. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: Councilmember Hawes. The motion passed. There was a motion by Councilmember Hawes and seconded by Mayor Nyquist to direct the City staff to prepare an ordinance on the proposed moratorium for the January 14, 1985 meeting. Voting in favor: Mayor Nyquist and Councilmember Hawes. Voting against: Councilmember Theis and Lhotka. The motion failed. Councilmember Theis left the table at 10:45 p.m. 1985 PUBLIC IMPROVEMENT PROJECT The Director of Public Works proceeded to review his memorandum on proposed 1985 Public Improvement Programs. Councilmember Theis returned to the Council table at 10:47 p.m. The Director of Public Works reviewed the general project description and location of projects, including the Municipal Service Garage, Street Improvements, Sanitary Sewer System Improvements, Water Main Improvements, City Hall/Community Center, Trail Construction Projects, Park Improvements, Miscellaneous Improvements and Miscellaneous Petitions anticipated in 1985. T.H. 252 MUNICIPAL UTILITY MODIFICATIO14S The Director of Public Works reviewed the proposed utility modifications proposed in conjunction with the T.H. 252 Project. He added that he would like the Council to be aware that the improvements must proceed ahead of or in conjunction with the T.H. 252 Project. He explained that the Minnesota Department of Transportation will have an agreement to put the work on their contracts with the right of refusal for the City. NORTH METRO TRAFFIC TASK FORCE The Director of Public Works explained that for the past several months an Ad Hoc Task Force has been developed under the auspices of the Metropolitan Council and that the impedus for this Task Force was the MN/DOT proposal to widen the Champlin to Anoka bridge across the Mississippi River. He explained that the Task Force may be the best chance the City has for getting input into the traffic system for the northwest area. Councilmember Theis volunteered to represent the City on the North Metro Traffic Task Force. 12-17-84 -15- CONSIDERATION OF SPECIFIED LICENSES - LIQUOR LICENSES RENEWALS FOR 1985 The City Manager stated that the Council can approve by a single motion all the license renewals, if the Council has the opportunity to pull off any or all of the licenses for specific consideration. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following specified licenses: 1. On -sale Intoxicating Liquor Licenses Class A ($8,000 per year) -Red Lobster- (General Mills Restaurant Group), Yen Ching Restaurant 2. On -sale Intoxicating Liquor Licenses Class B ($11,000 per year) -Earle Brown Bowl (Diamond Lake Fun Centers, Inc.), Green Mill (Green Mill, Inc.), Ground Round (Howard Johnson Company), Holiday Inn (Brock Hotel Corporation) , Chuck Muer's (C. A. Muer's Corporation /Meriwether's, Inc.), T. Wright's Saloon and Supper Club 3. On -sale Intoxicating Liquor License Class C ($14,000 per year) - Lynbrook Bowl 4. On -sale Sunday Intoxicating Liquor License ($200 per year) -Earle Brown Bowl, Green Mill, Ground Round, Holiday Inn, Lynbrook Bowl, Chuck MuerIs, Red Lobster, T. Wright Is, Yen Ching 5. On -sale Wine Licenses - Denny's Restaurant, The Good Earth Restaurant 6. On -sale Club License - Brooklyn Center American Legion Post #630 (130 members - $ 300 per year) 7. On -sale 3.2 Beer License Holders ($500 per year) - Beacon Bowl, Chuck Wagon Inn, Davanni's ( Davanni's, Inc.) Denny's Restaurant ( Denny's, Inc.), The Good Earth (The Good Earth of Minnesota, Inc., III), Little Brooklyn Restaurant (formerly Taco Towne), Rocky Rococo's Pizza (Rocky Rococo Corporation), Scoreboard Pizza (E & S Enterprises) - formerly Pizza Factory, Showbiz Pizza Place (the Sweeney Group) Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -197 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACT ._ The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: 12 -17 -84 -16- Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPOINTMENT TO HUMAN RIGHTS COMMISSION Mayor Nyquist commented that Councilmember Lhotka will contact Mr. Mark Boldt for membership on the Human Rights Commission. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 11:32 p.m. C Deputy ty Clerk r� /' �%/ 12 -17 -84 -17-