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HomeMy WebLinkAbout1985 04-22 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 APRIL 22, 1985 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, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, Finance Director Paul Holmlund, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, and Deputy City Clerk Tom Bublitz. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council has not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Lhotka requested item 7f be removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 85 -60 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING CONTRACT FOR A STRUCTURAL ANALYSIS OF EARLE BROWN FARM 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -61 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MIXTURES 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, Celia Scott, Bill Hawes, and Rich Theis; and the 4 -22 -85 -1- following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -62 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO RELOCATION AGREEMENT NO. 59945 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND AUTHORIZING EXECUTION THEREOF 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -63 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DR. DUANE ORN 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -64 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FUNK ANIMAL HOSPITAL FOR CARE OF IMPOUNDED ANIMALS 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. Garden City School 3501 65th Ave. N. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. RENTAL DWELLING LICENSE Initial: John & Cyndie Hoisve 6337 Dupont Ave. N. 4 -22 -85 -2- Terry Hartmann 6827 Fremont Place Robert & Carolyn Green 3607 Woodbine Lane M.B.L. Investment Co. 3613 47th Ave. N. Renewal: James & Bobbie Simons 6109, 11, 13 Beard Ave. N. Earl James Backer 7018 Brooklyn Blvd. Marvin C. Brieland 7229 Camden Ave. N. Thomas B. Egan 5239, 41 Drew Ave. N. A. Elie, T. Elie, C. Berg 5240 Drew Ave. N. Gerald L. Ratliff 5525 James Ave. N. Gary & Nikki Linder 5715 Knox Ave. N. Robert C. Slind 5312 Morgan Ave. N. Gerald & Elaine Theis 6719 Toledo Ave. N. Michael M. Schmidt 6813 Toledo Ave. N. Quality Investment Co. 3513 47th Ave. N. Donald E. Sobania 3701 47th Ave. N. Nordic Properties 3713 47th Ave. N. L.H. Hanggi 3725 47th Ave. N. Ed Krzesowiak 3001, 07 51st Ave. N. L. A. Beisner 2816 67th Lane J. J. Barnett 2926 68th Lane J. J. Barnett 2830 68th Lane J. J. Barnett 2934 68th Lane J. J. Barnett 3938 68th Lane SPECIAL FOOD HANDLING LICENSE LaBelle's 5925 Earle Brown Dr. SWIMMING POOL LICENSE Four Court Apartments 2836 Northway Drive Northbrook Apartments 1302 69th Ave. N. Northlyn Apartments 6511 Humboldt Ave. N. TEMPORARY ON -SALE NONINTOXICATING LICENSE Brooklyn Center American Legion Evergreen Park Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - APRIL 8, 1985 There was a motion by Councilmember Theis and seconded by Council-member Hawes to approve the minutes of the City Council meeting of April 8, 1985 as submitted. Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: none. The motion passed. Council-member Lhotka abstained from voting as he was not present at the April 8, 1985 meeting. RESOLUTIONS (CONTINUED) RESOLUTION NO. 85 -65 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BARR ENGINEERING COMPANY FOR CONSULTING SERVICES RELATED TO THE AMENDMENT OF THE FLOOD MANAGEMENT BOUNDARIES ALONG SHINGLE CREEK IN LIONS PARK 4 -22 -85 -3- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -66 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ORR- SCHELEN- MAYERON & ASSOCIATES, INC. FOR CONSULTING SERVICES ,RELATED TO THE IMPROVEMENT OF LIFT STATION NO. 2 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, Celia Scott, 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 Specifications and Authorizing Advertisement for Bids for a Van for the Mobile Command Center and Authorizing Agreement for Professional Services. Councilmember Lhotka inquired whether there were any additional costs contained in this resolution which were not in the previous resolution approved by the Council authorizing the transfer of funds for the purchase of the mobile command center. The City Manager replied that the dollar amounts were the same as contained in the original resolution. RESOLUTION NO. 85 -67 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR A VAN FOR THE POLICE DEPARTMENT MOBILE COMMAND CENTER AND AUTHORIZING AGREEMENT FOR PROFESSIONAL SERVICES 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending the 1985 General Fund Budget and explained that the item would authorize the transfer of a portion of the salary of the former Park & Recreation Director to various Park & Recreation programs. A typographical error in the resolution was noted. The word increase in item No. 6 in the resolution should be changed to decrease. RESOLUTION NO. 85 -68 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member 4 -22 -85 -4- Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS EARLE BROWN DAYS FIREWORKS AND PARADE The City Manager noted that the scale of the 1985 Earle Brown Days parade is much larger than in previous years and will require more barricades and security. Councilmember Lhotka recalled the history of the Earle Brown Days celebration, and noted that the first year the City contributed to the fireworks display on a one -time only basis and that last year the City's contribution to the fireworks was done as a bail -out situation. Councilmember Theis agreed that the Council participated in the fireworks display at the original celebration on a one -time only basis and the second year was a bail -out situation. Councilmember Theis stated that he would approve the City's participation again, since he believes that the Earle Brown Days celebration is trying to put together an exceptional and outstanding celebration but if they do not obtain the community support for the event this year it will be more difficult for them to seek funding for the celebration the next time. Councilmember Hawes commented that the 1985 Earle Brown Days celebration is a forerunner to the City's 75th anniversary and that the scale of the parade is much larger this year than in the past. He explained the Earle Brown Days Committee is pursuing a number of fund raising efforts to support the celebration. Councilmember Lhotka expressed a concern that if funds for the celebration are not raised by the committee, it will be a reflection on the entire City of Brooklyn Center. Councilmember Hawes stated that the committee has received a number of funding commitments already and that he believes the celebration will pay for itself. Councilmember Theis stated that he would like to see some type of budget for the celebration. The City Manager stated he would contact the committee and obtain a budget for the Council's information. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to authorize the staff to prepare a resolution which would authorize the expenditure of funds for the 1985 Earle Brown Days fireworks display and for additional security for the Earle Brown Days parade. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON PRIVATE KENNEL APPLICATION The City Manager noted that a public hearing is scheduled for 7:30 p.m. on an application for a private kennel license from Mary Ann Boyer of 5817 Pearson Drive. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license application from Mary Ann Boyer, 5817 Pearson Drive. Mayor Nyquist noted a letter received from Mrs. Barbara Sexton, 382 58th Avenue North. He explained the letter from Barbara Sexton expressed support for the Council's granting of a private kennel license for her neighbor, Mary Ann Boyer. Mayor Nyquist noted that Mrs. Sexton commented in her letter that "the three dogs are 4 -22 -85 -5- medium size. They are not a problem to the neighborhood. I can't remember hearing them bark. Their yard is fenced and kept clean. My neighbors to the east of me believe the Council should turn down the application for the license because the dogs may become a problem. That is hardly a neighborly attitude. I favor the granting of the license." Mayor Nyquist directed the City Clerk to enter the letter into the official record of the meeting. _ Mayor Nyquist recognized a member of the audience who identified herself as Mrs. Jaroscak, 3818 58th Avenue North. Mrs. Jaroscak stated that she lives one door down and behind the applicant's house. She stated that in the general area of her neighborhood there are a total of eight dogs. She stated she believes there should be some type of limit. She noted that the dogs do bark and can be a nuisance. She also stated that there is an odor problem in the area. Mayor Nyquist noted that City ordinance requires that a private kennel license is necessary for individuals who wish to keep more than two dogs in their household, however, he explained that the ordinance does allow keeping of two dogs per household without obtaining any private kennel license from the City. Mayor Nyquist recognized the applicant, Mary Ann Boyer, who stated that she and her husband recently moved to the City of Brooklyn Center and were not aware of the City ordinance with regard to the number of dogs allowed per household. She explained that her situation arose when, in the last litter of her two dogs, one of the puppies was epileptic and could not be sold. She also pointed out that all the dogs had been sent to obedience school and were well trained. She pointed out that next door to her there are two Labrador retrievers. She also stated that her yard is cleaned on a weekly basis and that she had not received any complaints from other neighbors. She expressed a willingness to respond to any problems with the neighbors regarding her dogs. Councilmember Theis noted that one of the dogs is 11 years old. He inquired of the applicant whether she would replace the dog if it died. The applicant replied that she would not replace the animal 1 if one of the dogs died. Mayor Nyquist recognized Mrs. Jaroscak who stated that in March of this year the dogs barked constantly and that the winter was bad for barking. She again objected to the Council's granting of the private kennel license. She explained that she does not object to dogs but that with eight dogs in the area the odor problem is bad, although, Mrs. Jaroscak admitted that the applicant does take good care of her dogs. Councilmember Lhotka explained to Mrs. Jaroscak that if the kennel license is approved and any y complaints are received, the application will come back before the City Council. The City Manager stated that the Council can limit the number of dogs by resolution. Councilmember Hawes stated that he believes the complaint regarding noise is legitimate and that the noise in the area should be monitored. The City Manager stated that he will review the area surrounding the applicant's home. Mayor Nyquist inquired if there was anyone else present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on a private kennel license application from Mary Ann Boyer, 5817 Pearson Drive. Voting in favor: Mayor Nyquist, Council-members 4 -22 -85 -6- Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 85 -69 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRIVATE KENNEL APPLICATION FOR MARY ANN BOYER, 5817 PEARSON DRIVE The resolution shall include the following conditions: 1. The private kennel license is granted to the applicant, Mary Ann Boyer, 5817 Pearson Drive, is nontransferable and shall be approved for the three dogs stipulated in her private kennel license application dated March 25, 1985. 2. If one of the animals indicated in the application dies or is permanently removed from the residence at 5817 Pearson Drive the animal would not be replaced with another dog. 3. The animals shall be housed in the residence at 5817 Pearson Drive. 4. The private kennel license application shall comply with all other requirements of Chapter 1 of the Brooklyn Center City Ordinances. 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. XERXES AVENUE IMPROVEMENTS The Director of Public Works introduced a proposal for landscape improvements along County State Aid Highway 10 and Xerxes Avenue North. He noted that the proposed improvements grew out of a discussion in conjunction with the Year 2000 Study and included the potential for landscape plantings, development of an ornamental lighting concept and the installation of architectural structures such as planters, benches, etc. He explained the staff has contacted Westwood Planning and Engineering, and has requested them to submit a proposal to rovide consulting g services relating to the proposed improvements. He stated that, in response to this inquiry, Westwood Planning and Engineering has submitted a proposal to provide the necessary consulting services at a cost of $1,400 for a County State Aid 10 and $1,600 for Xerxes Avenue. He also brought out the point that there are no standards established for a roadway of this type and that the Minnesota Department of Transportation will approve the project only if a variance from existing municipal state aid standards is passed. After Council discussion of the proposal, the Council agreed to approve the Xerxes Avenue portion of the study and exclude the County State Aid Highway 10 portion. RESOLUTION NO. 85 -70 Member Bill Hawes introduced the following resolution and moved its adoption as amended: 4 -22 -85 -7- RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY FOR CONSULTING SERVICES RELATED TO LANDSCAPE IMPROVEMENTS ALONG XERXES AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed adopted. RESOLUTION NO. 85 -71 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO PETITION THE COMMISSIONER OF TRANSPORTATION TO GRANT A VARIANCE FROM EXISTING MUNICIPAL STATE AID STANDARDS RELATING TO THE PROPOSED IMPROVEMENT OF XERXES AVENUE NORTH 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, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 17 of the City Ordinances Regarding the Use of Sick Leave. He explained the ordinance was first read on March 25, 1985, published in the City's official newspaper on April 4, 1985, and is recommended for a second reading this evening. He explained the ordinance would allow employees to use four of their annual sick leave days for the care of their children or spouse due to illness. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Use of Sick Leave. He inquired if there was anyone resent who wished to speak at the public hearing. Y p p p g. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Use of Sick Leave. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 85 -07 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING USE OF SICK LEAVE The motion for the adoption of the foregoing ordinance was duly seconded by member ' Bill Hawes. In discussion of the motion, Councilmember Lhotka inquired whether there would be any additional cost incurred by the City as a result of the proposed policy. The City Manager explained that there would not be a measurable cost with the new policy and the policy is being proposed partly in response to employee requests since employees are now required to use vacation leave for the care of sick children and the new ordinance is an effort to allow them to remain honest in the use of leave policy. 4 -22 -85 -8- Upon a vote being taken on the motion, the following voted in favor thereof: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed. The Brooklyn Center City Council recessed at 8:02 p.m. and reconvened at 8:20 p.m. RECONSIDERATION OF RESOLUTION AUTHORIZING THE CITY MANAGER TO PETITION THE COMMISSIONER OF TRANSPORTATION TO GRANT A VARIANCE FROM EXISTING MUNICIPAL STATE AID STANDARDS RELATING TO THE PROPOSED IMPROVEMENT OF XERXES AVENUE NORTH Councilmember Hawes indicated that he wished to change his vote to an affirmative vote on the variance resolution. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to reconsider a Resolution Authorizing the City Manager to Petition the Commissioner of Transportation to Grant a Variance from Existing Municipal State Aid Standards Relating to the Proposed Improvement of Xerxes Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 85 -71 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO PETITION THE COMMISSIONER OF TRANSPORTATION TO GRANT A VARIANCE FROM EXISTING MUNICIPAL STATE AID STANDARDS RELATING TO THE PROPOSED IMPROVEMENT OF XERXES AVENUE NORTH 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION APPLICATION NO. 85006 SUBMITTED BY NEW HORIZON ENTERPRISES, INC. FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A GROUP DAY -CARE CENTER IN THE PARK NICOLLET MEDICAL CENTER BUILDING AT - 7 6000 EARLE BROWN DRIVE The Director of Planning & Inspection presented and reviewed for Councilmembers pages one through two of the April 11, 1985 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 85006. He reviewed the location of the subject parcel which is proposed for the Park Nicollet Clinic located on Summit Drive. He explained the area is zoned C2 and that day care is a special use in a C2 zone. The Director of Planning & Inspection then reviewed the letter submitted by the applicant regarding day care standards and special use standards for day care in a C2 zone. He then reviewed the site plans of the playground area submitted by the applicant. The Director of Planning & Inspection noted that the Planning Commission • recommended approval of Application No. 85006 subject to seven conditions which he reviewed for Councilmembers. He explained the sixth condition has been met by the applicant and can be stricken. He added that a public hearing on the application is required this evening, that the proper notices had been sent and a representative of the applicant was present. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 4 -22 -85 -9- No. 85006. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Application No. 85006. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 85006 subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. I 4. A site performance agreement and supporting ortin 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. 5. Six "Parent Parking Only" signs shall be installed at parking spaces near the day -care enter entrance to facilitate traffic to and from the center. 6. Special Use Permit approval is exclusive of signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: '!Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS (CONTINUED.) PRELIMINARY REPORT ON TRAFFIC ANALYSIS BY SHORT - ELLIOTT- HENDRICKSON The Director of Planning & Inspection noted the existing moratorium on commercial retail development on vacant C2 zoned land in the City. He explained the moratorium ordinance is scheduled to expire on May 20, 1985. He explained the Council authorized a traffic analysis to be conducted during the time of the moratorium. He noted that RFPIs had been received from BRW and Short - Elliott- Hendrickson and that the contract was awarded to Short - Elliott- Hendrickson. The Director of Planning & Inspection briefly reviewed the major points of the Short- Elliott- Hendrickson study, noting the boundaries of the study area and the fact that the plan was developed around two scenarios, one being a worst case situation where the land is developed to the maximum retail usage possible and a second scenario which outlines a modified or probable development of the study area 4 -22 -85 -10- The Director of Planning & Inspection introduced Mr. Glen Van Wormer and Mr. Bob Byers from Short - Elliott- Hendrickson. Mr. Byers reviewed the methodology of the project which began with reviewing the various types of trips, existing land use, number of employees, and other relevant information developed by the staff. He then reviewed how the area functions within the metropolitan area citing the example of Brookdale as a regional retail draw. He then reviewed the traffic analysis zones (TAZ) developed for the project and also the computer roadway network which gives turning movements at intersections in the various traffic analysis zones. Mr. Glen Van Wormer then reviewed the next portion of the study, and noted that the analysis reviewed the number of cars and movements recorded on the computer roadway network in the study area. He reviewed the various service levels of traffic flow at intersections which ranged from A, which is a free flow of traffic, to F which is a forced flow of traffic with low operating speeds and volumes below capacity. He reviewed a portion of the study which included the current traffic counts at Summit Drive and Shingle Creek Parkway, and also noted the projected probable and maximum counts at this intersection. He added that the same process can be used for all intersections and the study also gives information for various rush hours, such as the 4:00 to 5:00 p.m. traffic pattern. He explained the report will also show the impact of various types of development on traffic flow. Councilmember Theis brought up the issue of "cut through" traffic included in the study, such as cars moving within the study area but not completely through it. Mr. Byers acknowledged that there would be some of this type of traffic in the study area. The Director of Public Works reviewed the various scenarios established by the study and how changes to intersections, such as signalization, sign phasing, channelization, etc. can change the grade of an intersection relative to the scale developed by the study of A through F. The Council continued its discussion of the study methodology and computer program capabilities. STAFF REPORT ON PRELIMINARY REVIEW OF TARGET STORE PLANS The Director of Planning & Inspection directed the Council's attention to the preliminary plans for the proposed Target Store in Brooklyn Center. He explained the moratorium on retail development in C2 zones is in effect to May 20 of this year, but the plans are being introduced for preliminary review at this time so that the applicant can prepare for formal submission of the application. The Director of Planning & Inspection reviewed Planning Commission Application No. 85001, a site and building plan for a 105,000 sq. ft. Target Store. He noted the application was tabled by the Planning Commission at its January 17 meeting and reconsidered on the 14th of February. He reviewed the site and building plan as submitted to the Planning Commission in January of 1985, and pointed out that the plan includes a Target Store and an attached retail shopping area. He then reviewed the potential traffic pattern problems in the site and building plan and also the concerns expressed from the Planning Commission regarding the exterior appearance of the building initially proposed. He noted that the plans submitted in January of 1985 were tabled by the Planning Commission. The Director of Planning & Inspection pointed out that Target submitted a revised plan, still at 105,000 sq. ft., including a Target Store and retail area; However, 4 -22 -85 -11- the retail shopping area was reduced from 39,000 sq. ft. to 34, 100 sq. ft. He noted that Target also revised the access points to the site and excluded the automotive center from the plans. The Director of Planning & Inspection then reviewed the landscape plans submitted with the application, and noted that the plan includes enlarged green strip areas along Summit Drive. He then reviewed the preliminary plat submitted with the I 'I application, and stated that if the Council considers the application n Target and pp o MaY 20, 1985, Tar g Ryan Construction have requested that preliminary and final plat approval be granted at the meeting. He noted that the Planning Commission recommended approval of Application No. 85001 at its February 14, 1985 meeting with 17 conditions. He also explained that the Planning Commission recommended approval of Application No. 85003 (the preliminary plat) with six conditions which he reviewed for Councilmembers. The Director of Planning & Inspection noted that a representative of Ryan Construction is present this evening nd that g the purpose of this evening's preliminary review is to address any problems or concerns the Council may have regarding the project in anticipation of consideration of the application on May 20. Mayor Nyquist expressed a concern over the loading area located in the rear of the Target Store. Mr. Jeff Rice of Ryan Construction stated that he has contacted the owner of the LaBelle's property, which is Prudential, and that he will present a proposed revision for the loading area to Prudential. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:26 p.m. Deputy Cit Clerk yo b 4 -22 -85 -12-