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HomeMy WebLinkAbout1985 01-14 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 JANUARY 14, 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 7:02 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 Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Brad Hoffman. INVOCATION The invocation was offered by Pastor Sheldon Matheson of the Brookdale Covenant Church. APPROVAL OF MINUTES - DECEMBER 17, 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the Council meeting of December 17, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Theis, and Hawes. Voting against: none. The motion passed. Councilmember Celia Scott abstained from the vote as she was not present at the December 17, 1984 meeting. EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager announced that this evening is the sixth annual presentation by the City Council of service awards to City employees to recognize their years of service to the City. He indicated that recognition is being given tonight to those employees who during 1984 observed the anniversary for either their 20 or 25th year of permanent full -time employment with the City. The City Manager introduced Paul Holmlund, Finance Director; Bob Zimbrick, Public Utilities Superintendent; and Don Sollars, Sergeant in the Police Department. He noted that Jim Lindsay, Chief of Police, was not present because of a sore back. He also noted that Paul Holmlund had 20 years of continued service with the City, that Jim Lindsay had 25 years, that Bob Zimbrick also had 25 years and that Don Sollars had 20 years with the City. City Council members congratulated the individuals recognized by the Employee Service Recognition Program and Mayor Nyquist presented their awards of appreciation. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the 1984 Brooklyn Center City Council meeting. Voting in favor: Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed. Mayor Nyquist was not present for the vote. 1 -14 -85 -1- OATH OF OFFICE The City Manager /City Clerk administered the oath of office to Councilmembers Rich Theis and Bill Hawes. Councilmembers Theis and Hawes then took their places at the Council table. CALL TO ORDER The 1985 Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:11 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 Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Brad Hoffman. OPEN FORUM Mayor Nyquist noted he had not received any 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 proceeded with the regular agenda items. SELECTION OF MAYOR PRO TEM There was a motion by Councilmember Hawes and seconded by Councilmember Theis to nominate Councilmember Scott as Mayor Pro tem for 1985. Councilmember Lhotka then indicated his desire to see the position rotated and nominated Councilmember Theis. The motion was seconded by Councilmember Scott. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the nominations. Voting for the closure of nominations were: Mayor Dean Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Councilmembers voting for Councilmember Theis as Mayor Pro tem for 1985 were Councilmembers Lhotka, and Celia Scott. Councilmembers voting for Celia Scott as Mayor Pro tem for 1985 were Mayor Nyquist, Councilmembers Hawes, and Theis. Councilmember Scott was appointed Mayor Pro tem for 1985. CONSENT AGENDA Mayor Nyquist inquired if any Councilmember desired any items removed from the Consent Agenda. The City Manager requested that item 151 be removed from the Agenda to be brought back at a later date. Councilmember Lhotka requested item 15c be removed from the Consent Agenda and Mayor Nyquist requested that item 15k be removed from the Consent Agenda. MAYORAL APPOINTMENTS There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following appointments: a. Conservation Commission. Reappointment of Conservation Commission members William Price, Barbara Jensen, and Everett Carlson to three year terms. b. Housing Commission. Don Lawrence, Phil Cohen, Cliff Williams, and Ken Felger to reappointment to three year terms. 1 -14 -85 -2- L c. Human Rights Commission. The reappointment of Evelyn Misfeldt for the reappointment for a three year term. The appointment of Mark Boldt to a one year term to complete the unexpired term of Marvin Trautwein. d. Park & Recreation Commission. The reappointment of Bud Sorenson and Dale Bloomstrand to three year terms. e. Northwest Human Services Council. The reappointment of Dr. Duane Orn. f. Weed Inspector. Mr. Brad Hoffman. g. Planning Commission. The reappointment of George Lucht, Lowell Ainas, and Wallace Bernards to a two year term. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DESIGNATION OF OFFICIAL NEWSPAPER There was a motion by Councilmember Scott and seconded by Councilmember Hawes to designate the Brooklyn Center Post as the City's official newspaper. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 85 -01 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS 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 -02 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member 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. 11 -03 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY 1 -14 -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 -04 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -A (DISEASED SHADE TREE REMOVAL PROJECT NO. 1984 -01) 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 -05 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WELL NO. 8 RECONDITIONING PROJECT NO. 1985 -01, PHASE I AND ACCEPTING PROPOSAL FOR CONSTRUCTION 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 -06 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WELL N0. 8 RECONDITIONING PROJECT NO. 1985 -01, PHASE II AND ACCEPTING PROPOSAL FOR CONSTRUCTION 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 -07 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05 (CONTRACT 1985 -A) 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 1 -14 -85 -4- duly passed and adopted. RESOLUTION NO. 85 -08 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING WATER TOWER RECONDITIONING PROJECT NO. 1985 -02, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -B) 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. RESOLUTION NO. 85 -09 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH AEC ENGINEERS & DESIGNERS FOR ENGINEERING CONSULTING SERVICES RELATING TO WATER TOWER RECONDITIONING PROJECT NO. 1985 -02 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, 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 -10 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 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, 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 -11 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT THE SOLAR BANK DEFERRED LOAN PROGRAM WITHIN THE CITY OF BROOKLYN CENTER 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION N0, 85 -12 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARVIN TRAUTWEIN 1 -14 -85 -5- 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 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MICHAEL STREITZ 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 -14 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JACQUELINE ALBRIGHT 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 -15 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION REGARDING MAYOR NYQUIST'S 1985 SALARY 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. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 17 of the City Ordinances Regarding Holiday Leave. He noted that the ordinance provided for time and a -half pay for certain holidays for police clerks /dispatchers and those employees working irregular work shifts. He noted the ordinance was being offered for a first time reading. Councilmember Lhotka inquired if this was consistent with settlements with organized employees. The City Manager replied that it was. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve An Ordinance Amending Chapter 17 of the City Ordinances Regarding Holiday Leave for a first reading. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 1 -14 -85 -6- ORCHARD LANE PARENT - TEACHER ASSOCIATION GAMBLING LICENSE There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve a Class A gambling license for the Orchard Lane Parent - Teacher Association. 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 Theis to waive the $10,000 fidelity bond for the Orchard Lane Parent - Teacher Association Class A gambling license. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS Mayor Nyquist recessed the Council at 7:40 p.m. The Council then reconvened at 7:43 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 84040 SUBMITTED BY NORMANDALE TENNIS CLUBS FOR SITE AND BUILDING PLAN /SPECIAL USE PERMIT AMENDMENT APPROVAL TO ADD A MULTIPLE PURPOSE FACILITY FOR BASKETBALL, VOLLEYBALL, ETC. TO THE RACQUET AND SWIM CLUB AT 4001 LAKEBREEZE AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages two and three of the December 20, 1984 Planning Commission meeting in which the Planning Commission reviewed Application No. 84040. The Planning Director then provided the City Council with site plans and renderings for the Council's review. He noted that a residence along Azelia Avenue had relayed her opposition to the basketball court but indicated that she was somewhat confused as to the nature of the addition and was unable to attend. He did note that it was not intent of the applicant to have large public games to which crowds would be attracted. Following his review, Councilmember Lhotka inquired if any additional landscaping would be required. Planning Director Warren indicated that no additional landscaping was required but that the original proposed landscape plan was still intact. Mayor Nyquist then opened the public hearing on Application No. 84040. Councilmember Theis inquired what type of landscaping was proposed for the southeast corner of the lot. The applicant did not provide his name but indicated that blue spruces would be planted on the southeast corner. At that time he provided elevations of the project for the Council to review. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the Planning Commission Application No. 84040, 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. 1 -14 -85 -7- 2. The new multi - purpose building shall be equipped with an automatic fire extinguishing system to meet NFPA standards which shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3. All conditions pertaining to Application No. 83051 continue to apply to this approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION N0. 84041 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL TO EXPAND THE RETAIL BUILDING AT 1500 69TH AVENUE NORTH FOR USE AS A CITY LIQUOR STORE The Director of Planning & Inspection presented and reviewed for the Councilmembers pages three and four of the December 20, 1984 Planning Commission meeting at which Application No. 84041 was reviewed. The Planning Director then provided the Council with site plans and elevations for the proposed building. A discussion then ensued relative to a proposed landscape plan for the development. The Planning Director indicated that the landscape plan at this time has not been completed but would be made available to the Council at a later date. He also indicated the intent of the City was to provide more extensive landscaping at the site than was presently there. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Planning Commission Application No. 84041 contingent upon the receipt of a landscape plan and 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. 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. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Plan approval acknowledges a "proof of parking" for the 33 parking spaces required for this expanded use and authorizes the deferral of up to 3 parking spaces. 1 -14 -85 _8_ Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 85 -16 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR REMODELING OF LIQUOR STORE NO. 1 LOCATED AT 1500 69TH 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. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the Resolution Approving Plans and Specifications for Remodeling the Liquor Store No. 1 located at 1500 69th Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 84039 SUBMITTED BY NEW HORIZON ENTERPRISES, INC. FOR DETERMINATION THAT DAY CARE CENTERS BE CONSIDERED SIMILAR IN NATURE TO EDUCATIONAL USES SO THAT A CENTER MAY BE LOCATED IN THE PARK NICOLLET MED CENTER BUILDING AT 6000 EARLE BROWN DRIVE The Director of Planning & Inspections indicated to the Council that this application had been before the Planning Commission at its December 6, 1984 meeting. At that time, the Commission tabled the application and directed the staff to prepare a draft ordinance amendment making day care centers a special use in a C2 zoning district as an alternative means of addressing day care centers. Under the proposed ordinance, day care centers would be a special use in C1 and C2 zoning districts. Day care centers would not be permitted to abut certain intense commercial uses such as gas stations or convenience food restaurants which, in turn, are not permitted to abut R1 , R2 or R3 zoned property. He further indicated special conditions would apply to day care centers in commercial districts similar to the conditions to apply to office uses in R5 and I -1 zoning districts. Finally, the ordinance amendment would stipulate certain site requirements on the outside recreational areas at day care centers in the C1 and C2 districts. The requirements were intended to make the play area a substantial component of the site, separated from commercial traffic as much as possible. It was recommended by the Planning Commission that Planning Commission Application No. 84039 submitted by New Horizon Enterprises, Inc. be denied and that An Ordinance Amending Chapter 35 of the City Ordinances Regarding Location of Group Day Care Centers in Commercially Zoned Districts be adopted. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny Planning Commission Application No. 84039. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 1-14-85 -9- There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adopt An Ordinance Amending Chapter 35 of the City Ordinances Regarding Location of Group Day Care Centers in Commercially Zoned Districts as a first reading. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS Mayor Nyquist recessed the City Council from 8:50 p.m. to 9:10 p.m. DISCUSSION ITEMS REPORT ON PROPOSED STUDY IN CONJUNCTION WITH INTERIM ORDINANCE REGARDING SUSPENSION OF CERTAIN DEVELOPMENT WITHIN COMMERCIALLY ZONED LAND WITHIN THE CITY The City Manager introduced the next agenda item making reference to memorandums from himself and Ron Warren as well as a letter from the Brooklyn Center Chamber of Commerce relative to a proposed moratorium on all commercial development within the City. In reviewing the staff recommendation, the City Manager indicated he believed the moratorium was in the best interest of the community by providing the City with an opportunity to examine the potential development of the remaining commercial sites within the City. This examination would analyze the impact such development would have and the computability of that development with the City's existing systems, such as traffic, water, sewer, etc. He indicated such a study would help the City make a determination as to the most appropriate mix of development in the remaining sites so as to be compatible with existing development and existing capacities of various municipal systems. Councilmember Scott indicated her concern with the cost of the consultant and inquiried as to the need for a consultant to perform the study. The City Manager in reply to Councilmember Scott' question indicated existing staff did not have the expertise or the time to provide the type of traffic or real estate development analysis necessary for this study. He also indicated should the City and Council ever be challenged in court relative to the use or implementation of the study, a consultant would provide a more credible witness in court as an expert witness as opposed to existing staff. A discussion relative to traffic peaks and need for signal ization within the Shingle Creek area south of I -694 then ensued. Councilmember Lhotka inquired of the staff what the City hoped to attain from such an ordinance. The City Manager replied that he believed the study should provide at least three answers. First, he believed the study should indicate whether there is presently sufficient retail development within the City, or in fact, if there was a need for additional retail. Second, he indicated there were certain limited capacities within our present municipal systems to handle traffic, sewer, and water, etc. He indicated the study would identify potential problems within this area so such problems could be dealt with prior to development when it would be less costly and more easily accomplished. Third, he indicated that he believed the study should provide the City with some recommendations relative to the best uses or mixes of development relative to the capacity of the City's existing systems and computability with existing development. Councilmember Hawes then noted the number of truck deliveries per day generated by the retail development within the City. He indicated its effect upon the City's traffic system. It was also noted that the Planning Commission had recommended the inclusion of all industrial development as well. 1 -14 -85 -10- Mayor Nyquist then invited the audience to address the Council relative to the proposed ordinance. Jim Justesen from the Chamber of Commerce spoke to the Council. He reviewed the process the Chamber went through in taking a position on the issue. He made reference to the letter sent to Mayor Nyquist from the Chamber and reviewed the same. He stated that at the present time there is very little retail space available for new business in Brooklyn Center. He further indicated developers are concentrating on inner rings as opposed to the outer rings in the City. He also stated the Brookdale retail area is one of the least dense areas in retail relative to the density of the population. He also indicated local developers have major parties interested in the C2 areas for which a moratorium is planned and a negative impact would be the outcome. He also said he was concerned that the City would be mandating the type of development allowed in the retail areas and felt that the best mix of retail should be determined in the area through competition. Dick Grones from Lombard Properties then addressed the Council. He indicated that from a business perspective they have held land for six years for development and now they are close to having development in hand and a delay of a year or more could drastically change the outcome of that development. The next person to address the City Council was Darryl Kramer from Target stores. He indicated to the Council that he felt that Target stores were perhaps the catalyst for the moratorium. He indicated that the Target stores plan to build on the former ByerlyIs site. He also indicated to the Council the willingness of Target stores to accommodate the needs of the City with respect to traffic flow design, landscaping, building size, and exterior materials and other areas of major concern to the City. The next person to address the City Council was Barb Jensen. She inquired as to the tax advantages or disadvantages of retail as compared to the cost of services. The City Manager indicated that relative to Fiscal Disparity Act the City loses the first 40% of the taxes generated by such a project and that the fact of the matter is that Brooklyn Center is a net loser. Barb Jensen then indicated her concern is that we not spend the money unless we are sure that the study being proposed is going to provide the kinds of information we are seeking. Councilmember Theis then inquired as to the length of time it would take to do a traffic study. The City Manager indicated that for traffic study only it would take approximately three to four months. Councilmember Theis stated it was his perception the major concern seems to be one of traffic generation and that perhaps we should do a traffic study only and let the market place decide the retail development. The City Manager indicated that while a traffic study could be conducted without the moratorium ordinance, the City does not have any options available to them should a development take place before a study is complete and implemented. Councilmember Lhotka expressed his concern for the potential for maximized development, but he questioned whether we couldn't do the analysis without the moratorium. Councilmember Scott inquired as to whether it would not be appropriate to include I -1 zoned land also in the study. The City Manager indicated that I -1 could be included in the proposed study and that staff has no preconceived perception of what was the appropriate mix of development for the City. Councilmember Hawes then indicated his concern with the cost and length of time for the study. He also stated he was very concerned that by allowing development to proceed at this time was literally shooting in the dark. He felt that the study would provide us with an orderly process. Jeff Rice from Ryan Construction then addressed the City Council. He noted that traffic studies performed for Ryan Construction indicated that the traffic 1 -14 -85 -11- generated from Target and Byerly's were approximately the same. The Director of Public Works commented upon Jeff Rice's comments indicating that the studies done by Ryan Construction did not show that the two were same. A discussion then ensued relative to the potential length of time for the study and the options before the Council to extend the moratorium. The City Attorney indicated that the City Council could have a one year moratorium plus 18 additional months on a month to month basis at the discretion of the Council. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to institute the moratorium per the staff recommendation. Councilmember Lhotka then inquired of Councilmember Hawes if he meant to include only retail. Councilmember Hawes answered yes. Councilmember Theis then inquired as to why we would include just retail when the Planning Commission recommended the inclusion of the industrial land. Councilmember Hawes indicated that he felt the primary concern was with retail and not industrial. Councilmember Scott reiterated her concern with the length of time of the proposed moratorium. Voting in favor: Councilmember Hawes. Voting against: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis. The motion was denied. There was a motion by Councilmember Theis and seconded by Councilmember Scott for a three month moratorium in order to perform a traffic study. Further, if the traffic study was to provide some insight for the need for a broader study the moratorium extension would be considered at that time; and further that the study cover just retail uses in all zones. Voting in favor: Mayor Nyquist, Councilmembers Theis, Hawes, and Scott. Voting against: Councilmember Lhotka. The motion passed. Councilmember Lhotka stated he wanted the moratorium to extend to industrial land uses also. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to direct the staff to obtain traffic study proposals for Council review and approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE LICENSE Advance Carter Company 850 Decatur Ave. N. Brooklyn Center Liquor Stores 6800 Humboldt Ave. N. Denny's Restaurant 3801 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Brookdale Cinema 5801 John Martin Dr. Brookdale Mobil 5710 Xerxes Ave. N. Chuck's Q. 1501 69th Ave. N. Dahlco Music & Vending 119 State Street Ground Round Restaurant 2545 County Rd. 10 Duke's Standard 6501 Humboldt Ave. N. Interstate United Corp. 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. State Farm Insurance 5940 Shingle Cr. Pkwy. Jerry's Super Valu 5801 Xerxes Ave. N. K -Mart 5930 Earle Brown Drive 1 -14 -85 -12- Pipeseller Brookdale Center Servomation 7490 Central Ave. NE Dayton's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Snyder Brothers Brookdale Center GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Ave. N. Brookdale Car Wash 5500 Brooklyn Blvd. Brookdale Mobil 5710 Xerxes Ave. N. Chuck's Q. 1505 69th Ave. N. Duke's Standard 6501 Humboldt Ave. N. M.T.C. 6845 Shingle Cr. Pkwy. Northwestern Bell 6540 Shingle Cr. Pkwy. Plum Company 6840 Shingle Cr. Pkwy. LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lyndale Ave. N. MECHANICAL SYSTEMS LICENSE Cronstrom's Heating & Air Conditioning 4410 Excelsior Blvd. Guaranty Heating Co. 11741 Elm Creek Road Lloyd's Sheet Metal 6659 Vicksburg Lane United Burner Service Inc. 7909 30th Ave. N. NURSING HOME LICENSE Maranatha Conservative Home 5401 69th Ave. N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Chuck's Q. 1505 69th Ave. N. Denne's Market 6912 Brooklyn Blvd. Jerry's Super Valu 5801 Xerxes Ave. N. POOL & BILLIARD TABLE LICENSE Advance Carter Company pa y 850 Decatur Ave. N. Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis 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 11:00 p.m. r .. v f Deputy City Clerk M &yor f 1 -14 -85 -13-