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HomeMy WebLinkAbout1985 02-11 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 FEBRUARY 11, 1985 CALL TO ORDER CITY HALL The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 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, Chief of Police James Lindsay, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Bob Cilke of the Brookdale Christian Center. 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 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 Theis requested item 7a removed from the Consent Agenda. APPROVAL OF MINUTES - JANUARY 28, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of January 28, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 85 -26 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DENYING THE REQUEST BY NEIL HEATING AND AIR CONDITIONING FOR A MECHANICAL CONTRACTOR'S LICENSE 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 -27 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR PURCHASE OF TWO (2) 27,500 GVW DUMP TRUCKS 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 2 -11 -85 -1- following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -28 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 14 FOOT ALUMINUM STEP VAN 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 -29 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF VIRGINIA SWANSON 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 -30 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DIANE LEMKE 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: BULK VENDING LICENSE Brooklyn Center Lions 7131 Knox Ave. K -Mart 3600 63rd Ave. N. ITINERANT FOOD ESTABLISHMENT Orchard Lane 6201 Noble Ave. N. MECHANICAL SYSTEMS LICENSE Air Conditioning Associates 689 Pierce Butler Rte. Anderson Mechanical 3551 Emerson Ave. N. NONPERISHABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. 2 -11 -85 -2- i Ault 1600 Freeway Blvd. Bob Ryan Oldsmobile 6100 Brooklyn Blvd, ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Open Systems 2700 Freeway Blvd. Beacon Bowl 6525 Lyndale Ave. N. Bond Tool & Die Company 6840 SHingle Cr. Pkwy. Canteen Company 6200 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. MTC 6845 Shingle Cr. Pkwy. Medtronics 6700 Shingle Cr. Pkwy. Cook Paint 4800 N. Lilac Drive D.L. Service Co. 2516 83rd Ave. N. Lowell's Auto 6211 Brooklyn Blvd. Dale Tile Co. 4825 France Ave. N. Earle Brown Bowl 6440 James Circle Interstate United Corporation 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. State Farm 5930 Shingle Cr. Pkwy. Iten Leasing 4301 68th Ave. N. Jimmy Jingle, Inc. 1304 E. Lake St. Johnson Control 1801 67th Ave. N. K -Mart 3600 63rd Ave. N. Malmborg's Inc. 5120 N. Lilac Dr. Midwest Screw 3501 48th Ave. N. Pilgrim Dry Cleaners, Inc. 5748 Morgan Ave. N. Servomation 7490 Central Ave. NE Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Onan Tech Center Theisen Vending Nicoll et 3804 Ni et Ave. Thrift Scot Y 6445 James Circle Bill West Union 76 2000 57th Ave. N. Twin Lake North Apts. 4539 58th Ave. N. PERISHABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. Ault Inc. 1600 Freeway Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Canteen Company P Y 6300 Pen n Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. MTC 6845 Shingle Cr. Pkwy. Medtronics 6700 Shingle Cr. Pkwy. Earle Brown Bowl 6440 James Circle Interstate United Corporation 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. State Farm 5930 Shingle Cr. Pkwy. Servomation 7490 Central Ave. NE Dayton's Brookdale Center 2 -11 -85 -3- Donaldson's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Onan Tech Center READILY PERISHABLE FOOD VEHICLE LICENSE American Bakeries Co. 4215 69th Ave. N. SPECIAL FOOD HANDLING LICENSE Fun Services, Inc. 3701 50th Ave. N. European Health Spa 2920 County Rd. 10 Gift Shop Too 1501 Freeway Blvd. Ideal Drug Store 6800 Humboldt Ave. N. Snyder Brothers Brookdale Center Total Petroleum Inc. 6830 Brooklyn Blvd. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Establishing Diseased Shade Tree Removal Project No. 1985-08, Approving Specifications, and Directing Advertisement for Bids o (C ntract 1985-E) . Councilmember Theis inquired whether the City could authorize more than one contractor to be hired under the contract in case the City gets into a time bind with regard to the 20 day removal period for diseased elm trees. He also noted that Dutch Elm disease is on the increase again in Minnesota. The Director of Public Works replied that last year the City's contractor took down the number of trees he contracted for but also took down more than the initial amount 'n specified i the contract. Councilmember Theis su g g ested that the specifications be wri tt en so that the City could go to a second contractor if it gets in a bind over the 20 day removal period. The Director of Public Works replied that he would review the contract to see if there can be some flexibility in this area. i RESOLUTION NO 85-31 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING DISEASED SHADE TREE REMOVAL PROJECT NO. 1985-08, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985-E) 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, Celia Scott, Gene Lhotka, and Bill Hawes; and the following voted against the same: none, Rich Theis abstained; whereupon said resolution was i declared duly passed and adopted. The City Manager introduced a Resolution Amending the 1985 General Fund Budget, Transferring Funds from the Council Contingency Account to Police Department Mobile Equipment Account No. 4553 for Mobile Command Center. Councilmember Scott inquired whether the staff believed the Command Center would meet the City's needs for sometime to come or just a few years. Chief of Police Lindsay responded by stating that he believed the equipment would meet the needs of the City for approximately the next ten years and that only the radio equipment would 2-11-85 -4- become outdated. At the request of Councilmember Lhotka, Chief Lindsay reviewed the costs of the equipment noting that the vehicle will be purchased at City cost but all other outfitting costs would be matched by the federal government. He added that the vehicle will be primarily a communication center which can only be duplicated by the City's existing dispatch center. He stated the command center would allow the City to separate emergency situation communications from the day to day communications which are ongoing in an emergency. He added that the van will provide the same radio capacity as the existing dispatch center and that the command center will eliminate the delay caused by communications going through the dispatch center from the emergency site. Councilmember Lhotka stated that he was not convinced that the results, in terms of lives saved and other similar standards, would be improved. The Chief of Police replied that he cannot definitely state that such results would be realized but the command center would improve the capability in situations, such as hostage situations. He added that he does not know when it may be needed and only asks that the City have the capability to give what the staff believes will improve the reaction time and communication efficiency emergency in g Y situations. He pointed out the intent is that the command center would be operated by a police dispatcher. Councilmember Theis requested the Chief to review how the day to day operations of the police department would interfere with an emergency situation. The Chief replied that medicals, alarms, and call for assistance, such as personal injury accidents would have to be dealt with and would interfere with emergency communications. The Chief then reviewed how the police department operates now in emergency situations, and painted out that the department uses neighboring homes for communications and that he believes this is not an efficient use of personnel. Councilmember Theis asked the Chief to rate the priorities in the police department budget in relation to the command center such as personnel needs. The Chief replied that in terms of personnel there is one officer currently on short term disability and two on long term disability, and that certainly manpower is the number one priority in the department. He stated, however, that the command center would provide better overall service to the community than items such as remodeling of the police department entryway. RESOLUTION 85-32 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET, TRANSFERRING FUNDS FROM COUNCIL CONTINGENCY ACCOUNT TO POLICE DEPARTMENT MOBILE EQUIPMENT ACCOUNT NO. 4553 FOR MOBILE COMMAND CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. In discussion of the motion Councilmember Lhotka stated he was not convinced that the City needs this particular piece of equipment. Councilmember Theis commented that he believes the communication capability is more important than remodeling of the entryway to the police department and that if the resolution passes he would like to look at the police department remodeling in light of cosmetic versus efficiency type remodeling. Upon a vote being taken on the motion on the floor, the following voted in favor thereof: Dean Nyquist, 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. 2-11-85 -5- i PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION N0. 84036 SUBMITTED BY THE CITY OF BROOKLYN PARK FOR A SPECIAL USE PERMIT TO CONDUCT A DITCH DREDGING PROJECT IN THE FLOOD PLAIN WITHIN THE CRYSTAL AIRPORT PROPERTY WEST OF UNITY AVENUE, NORTH AND SOUTH OF 63RD AVENUE NORTH — The Director of Planning & Inspection presented and reviewed for Councilmembers the January 31, 1985 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84036. He explained the ro 'ect originally ro osed to dredge P J proposed ed e the drainage ditch from 6 rd Avenue North to g g 3 Bass Lake Road in Crystal, but that the ro'ect has been modified to extend only to P J y the environmental preserve bordering Crystal and Brooklyn Center. He explained the purpose of the project is to facilitate drainage in Brooklyn Park between 63rd Avenue North and the I -94 freeway. He explained any deposit of dredged spoils is a special use in a flood way zone. He proceeded to review the provisions in Chapter 35 -2184 related to the project and by which the Planning Commission and Council must base its decision. He pointed out the primary concern in the project is the potential higher flood levels which would be created in Twin Lake. He then referred Councilmembers to an engineering study done by Barr Engineering which indicated the effects would be minimal. He pointed out that the Planning Commission, after holding a public hearing on January 31, 1985, recommended approval of the project, subject to four conditions which he reviewed for Councilmembers. He explained a public hearing on the special use permit request has been scheduled for this evening, that notices had been sent and that a representative of the applicant is present this evening. Mayor Nyquist expressed a concern for the project as it relates to the water level on Twin Lake, and noted that last summer Twin Lake did not appear to recede at all. The Director of Public Works reviewed the proposed project area, and explained that the drainage from the project goes into Twin Lake through upper, middle, and lower Twin and passes through Ryan Lake and finally to Shingle Creek. He explained high water was experienced through most of the summer, and pointed out that there was a great deal of rainfall throughout last summer. He explained that hydraulic studies show that primary restrictions to the flow of water are at T. H. 100 and France and also at the outlet from Ryan Lake. The purpose of the project, he pointed out, is to speed up the run -off rate and that the staff had expressed some serious reservations about the project and insisted on a detailed hydraulic study. He explained Brooklyn Park agreed to the study which showed a five year storm level may increase the level of the water in Twin Lake 1 1/8 inches, which is significant. He explained that Brooklyn Park then went back to Barr Engineering for a more detailed study which showed that the levels would only be between 0 and 1/8 inch and that the question now appears to be whether 1/8 inch is a significant effect. Councilmember Scott noted that the problem at France and T.H. 100 is quite severe. The Director of Public Works agreed, stating that the channel appears to be silted in quite heavily in this area. Councilmember Scott also commented on the blockage of the channel at the railroad crossing on upper Twin Lake. The Director of Public Works stated that measures had been taken of the lake levels last year and that there did not appear to be a blockage shown in this area. He explained the most severe restrictions are the culvert and the channel west of the culvert. In response to further questions from the Council regarding the cost to alleviate the problem, the Director of Public Works stated that dredging would not be the expensive part of the project but replacement of the culvert would be quite expensive. Councilmember 2 -11 -85 -6- Theis inquired whether the 1/8 inch level during the five year flood would reach the capacity of the culvert. The Director of Public Works replied that the five year level would reach the capacity of the culvert. Councilmember Theis then asked whether the 10 year or 50 year flood levels would be more serious problems than the five year flood level. The Director of Public Works explained that the Barr Engineering study tested for 5, 10, 50 and 100 year flood levels and showed that the maximum effect is on the five year flood since on larger floods there is a greater overland flow and that the five year flood produces the most significant change. The City Manager pointed out that the water level will get to its end point with or without the proposed project, and that dredging would only increase the time at which the levels downstream would increase. The Director of Public Works added that by modifying the project as was done the increase in levels should be less than 1/8 inch increase. Councilmember Theis inquired whether there was any option for ponding in Brooklyn Park. The Director of Public Works explained that development in the area to be drained is so intense that this does not appear to be an option. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84036. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak at the public hearing and he entertained a motion to close the hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on Application No. 84036. 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 approve Application No. 84036, subject to the following conditions: 1. If the project results in construction of a ditch crossing under the existing boardwalk which crosses the "Environmental -Preserve" area, Brooklyn Park shall construct a pedestrian bridge meeting the approval of the Brooklyn Center Director of Public Works and the Crystal City Engineer at no cost to the City of Brooklyn Center or to the City of Crystal. 2. Upon completion of the project, the City of Brooklyn Park shall submit to the Brooklyn Center Director of Public Works a center line profile along the route of the constructed channel, showing an "as built" profile of the bottom of the ditch after construction. 3. The expiration date for the permit shall be April 1, 1986. 4. Any damage to existing fences adjacent to the project caused by the ditch dredging project will be repaired at the expense of the City of Brooklyn Park. There was a motion by Councilmember Hawes to table consideration of Application No. 84036 until the City of Brooklyn Center obtains some input from the City of Robbinsdale regarding any problems created by the restrictions of water flow in the project area in the City of Robbinsdale. The motion died for lack of a second. 2 -11 -85 -7- Upon Up a vote being taken an the motion an the floor, the following voted in I� , g favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same; Bill Hawes, whereupon Application No. 84036 was declared duly passed and approved. Mayor Nyquist requested the staff to see what could be done with regard to the area in question in Robbinsdale. RECESS The Brooklyn Center City Council recessed at 8:30 p.m. and reconvened at 8 :45 p.m. ORDINANCES AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING HOLIDAY LEAVE The City Manager introduced the ordinance and explained that it was first read on January 14, 1985, published in the City's official newspaper on January 24, 1985, and is offered this evening for a second reading. He explained the ordinance provides for time and one -half pay for certain holidays for police clerk /dispatchers and those employees working irregular work shifts. He added that a public hearing on the ordinance has been scheduled for 8:00 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Holiday Leave. 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 Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Holiday Leave. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE N E N0. 85 -01 Member Rich Theis introduced the following ordinance and moved its adoption.: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING HOLIDAY LEAVE The motion for the adoption of the foregoing ordinance 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 fallowing voted against the same: none, whereupon said ordinance was declared duly passed and adapted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE LOCATION OF GROUP DAY CARE FACILITIES IN COMMERCIAL ZONING DISTRICTS The City Manager introduced the ordinance and explained it was first read on January 14, 1985, published in the City's official newspaper on January 24, 1985, and is offered this evening for a second reading. He explained the ordinance was presented in conjunction with Planning Commission Application No. 84039 submitted by New Horizon Enterprises, Inc. and that a public hearing on the ordinance has been scheduled for 8:00 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances regarding the location of group day care 2 -11 -85 -8- facilities in commercial zoning districts, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to chose the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Location of Group Day Care Facilities in Commercial Zoning Districts. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 85 -02 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE LOCATION OF GROUP DAY CARE FACILITIES IN COMMERCIAL ZONING DISTRICTS The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. AN ORDINANCE ESTABLISHING A MORATORIUM ON DEVELOPMENT OF CERTAIN COMMERCIALLY ZONED LAND WITHIN THE CITY OF BROOKLYN CENTER The City Manager introduced the ordinance and explained it was first read on January 14, 1985, published in the City's official newspaper on January 24, 1985, is offered this evening for a second reading and that a public hearing on the ordinance has been scheduled for 8:00 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Establishing a Moratorium on Development of Certain Commercially Zoned Land within the City of Brooklyn Center. The City Manager stated that he had received a letter from Ryan Construction regarding a proposed project on Summit Avenue, and explained that in the letter Ryan Construction states that the project will not produce a deleterious effect from traffic. The City Manager also recommended that in order to allow Ryan Construction to have the project on the Planning Commission agenda on May 20 the moratorium would have to end on May 20, 1985. He explained that this would mean a three week difference to Ryan Construction with regard to the time required for consideration of their application. The City Manager also recommended that if the Council chooses to act favorably on the ordinance they should first adopt the resolution authorizing the traffic study. Mayor Nyquist stated that he would like to allay any rumors with regard to the moratorium, and stated that the moratorium would be for a three month period only and would only be extended if the traffic study showed a need. Mayor Nyquist recognized Mr. Nick Stenson, President of Davanni's Pizza and Hot Hoagies. Mr. Stenson stated that he sees an opportunity to have a neighbor as early as November of this year and urged the Council not to close the window on this opportunity. He stated that he would like to see the moratorium set aside. Mayor Nyquist recognized Mr. Dick Grones representing Lombard Properties, who showed a map of the developed and undeveloped area in the Shingle Creek Business Center area, and noted that most of the retail businessess existing went in with the 2 -11 -85 -9- thought that more retail would also go in. He stated that he had been encouraged to develop the area according to zoning which has been commercial for 13 years and that it is a little disturbing that it may not be able to be used for the purpose it was originally purchased for. He added that in Brooklyn Center the existing retail space is now leased up. With regard to the parcel across from Davanni's, he explained that the purchase price was $880,000 and that $1.4 million has been invested in the property considering taxes, engineering studies, and interest costs. He stated that the perception is that this area cannot be developed. He added that the moratorium will be costly and that if retail is not acceptable, he would like some suggestions for what is acceptable, and requested the Council to urge the staff to have a firm recommendation regarding usage. Mayor Nyquist recognized Lonnie McCauley, Executive Vice President of the Brooklyn Center Chamber of Commerce. Ms. McCauley stated that the Chamber opposed the full year moratorium but that the board voted not to take any formal action when the Council reduced the moratorium to a three month period to conduct a traffic study. She added that she is here this evening on her own and not representing the Chamber formally. She added that she is concerned about what will happen to land uses if the study shows that retail would be restricted. Mayor Nyquist recognized Mr. Tom Bonneville, representing Target Stores. Mr. Bonneville stated he feels confident that the traffic studies will show Target will be a good member of the greater Brookdale shopping area, and that he also feels confident that Target will be a member of the Brooklyn Center community. Mayor Nyquist recognized Mr. Dick Grones who cited the large amount of office space currently vacant in Brooklyn Center. He stated there is about a two year supply of office space in the City now. Mayor Nyquist inquired if there was anyone else 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 Hawes and seconded by Councilmember Scott to close the public hearing on An Ordinance Establishing a Moratorium on Development of Certain Commercially Zoned Land within the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 85 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SHORT - ELLIOTT- HENDRICKSON, INC. TO CONDUCT A TRAFFIC ANALYSIS RELATING TO RETAIL DEVELOPMENT WITHIN BROOKLYN CENTER AND AMENDING THE 1985 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. In discussion of the motion, Councilmember Lhotka stated that he does not see why a moratorium is necessary and that he believes the traffic study can be accomplished without enacting a moratorium. Councilmember Theis inquired as to the proposed construction schedule indicated by Target Stores. The City Manager explained that Target has indicated that they would plan the opening for August of 1986 and that he did not see a moratorium 2 -11 -85 -10- delaying Target's plans. He pointed out that Target has been cooperative in working out plan changes to go to the Planning Commission. Councilmember Theis stated that he looked at the traffic study to deal with traffic flow problems before hand and not after the fact as in the Target store located in Fridley. In light of that procedure, he pointed out he would support the moratorium. In reponse to questions from the Council, the City Manager stated that he believes the City could plug in to the study other criteria from future developments to receive data on traffic related to future development. In this way, he pointed out the study would not be limited to a one time assessment but could be used in the future also. Mayor Nyquist stated that he wanted to assure the study could be used for more than this single purpose. Councilmember Lhotka again stated that he believed the study could be accomplished without the moratorium. Upon a vote being taken on the resolution on the floor, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 85 -03 Member Bill Hawes introduced the following ordinance and moved its adoption with the stipulation that the period of the moratorium established by the ordinance shall begin upon the effective date of the ordinance and end on May 20, 1985: AN ORDINANCE ESTABLISHING A MORATORIUM ON DEVELOPMENT ENT 0 CERTAIN COMMERCIALLY ZONED LAND WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance as amended was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said ordinance was declared duly passed and adopted. DISCUSSION ITEMS STAFF RECOMMENDATION REGARDING ASSESSMENT POLICY AMENDMENT RELATED TO STREET RECONSTRUCTION — Councilmember Lhotka inquired where the increased costs in terms of dollars to the City would be coming from with the new policy. The City Manager replied that with regard to the Lyndale Avenue reconstruction project an oral approval has been received from the State regarding the turnback funds. He added that the turnback funds would provide for all the costs of the project except the portion assessed. He pointed out that if the City assesses 20% of a project the City can bond for the rest. He pointed out that assessments can cover 60% and 40% would come from the general fund. Also, the City could bond for the whole project and assess 60% and obtain 40% through a general obligation bond. He noted that the debt service would increase the tax levy until the debt is paid off. Councilmember Theis asked that, assuming six to ten blocks per year are reconstructed, how long would it take to replace all the streets in the City. The Director of Public Works stated that it would take approximately 150 years, but that he did not think the City will need to replace all the streets and that an evaluation that all streets need to be replaced within 20 to 30 years is reflective of current 2 -11 -85 -11- policy which has resulted in not replacing any streets in actuality. Mayor Nyquist asked of the City Attorney whether the Council must make findings of an increase in market value with regard to a reconstruction project. The City Attorney replied that such a finding would reduce the risk of having an appeal but that the appeal process itself remains the same. He added that, with an assessment hearing held before construction, if appeals come, the City can change the project and satisfy appeals before the project is built or the project can be abandoned completely. RESOLUTION NO. 85 -34 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING ASSESSMENT POLICY RELATING TO STREET RECONSTRUCTION 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 -35 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING LYNDALE AVENUE WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04, STREET IMPROVEMENT PROJECT NO. 1985 -05, AND SIDEWALK IMPROVEMENT PROJECT NO. 1985 -06 AND CALLING FOR A HEARING THEREON 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. CONSIDERATION OF ON SALE WINE AND BEER LICENSE FOR DENNY'S RESTAURANT Councilmember Scott questioned the reference to the Manager of Denny's Restaurant in the memo, and noted that the memo has indicated that the Manager has been there since 1978 and that this is an error and the current Manager is not the same one as in 1978. The City Manager noted that the City investigates the company holding the license, including the officers of the corporation, and that the investigation of the onsite manager is separate. Councilmember Scott stated that she would like the statement in the memo checked out regarding the tenure of the current manager. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table consideration of the on sale wine and beer license for Denny's Restaurant to the next regularly scheduled Council meeting to clarify the investigation report. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Y CONSIDERATION E TION OF CLASS B GAMBLING LICENSE FOR THE KNIGHTS OF COLUMBUS, COUNCIL 6772 There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the Class B gambling license for the Knights of Columbus, Council 6772. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 2 -11 -85 -12- There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to waive the $10,000 fidelity bond for the gambling license for the Knights of Columbus, Council 6772. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager noted that the Knights of Columbus paid their $75 fee in advance, and that because of the State Statute change which grants authority for gambling licenses to the State as of March 1, 1985, this license will expire on February 28, 1985. He explained further that this means the license will only be in effect for approximately three weeks and that the staff is recommending refund of the $75 fee. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to refund the $75 fee for the Class B gambling license for the Knights of Columbus, Council 6772. Voting in favor: Mayor Nyquist, Councilmember Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSIDERATION OF ON SALE WINE AND BEER LICENSE FOR DENNY'S RESTAURANT The City Attorney explained to the Council that the trading of the stock for Denny's Restaurant means that the new license should be in effect before any liquor can be sold. For example, he pointed out, if they reorganized tomorrow they would be operating outside the law for every sale they made, if the Council does not grant the license this evening. He added that he recommends approval of the license with a call for an investigation of the onsite manager. Mayor Nyquist noted that the item had been tabled earlier in the meeting and that a motion to reconsider would be necessary. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to reconsider the on sale wine and beer license for Denny's Restaurant. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the on sale wine and beer license for Denny's Restaurant for a period of 30 days, subject to the results of the investigation of the onsite manager and clarification that the existing manager is not the same manager as in 1978. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION OF BROOKWOOD SENIOR HOUSING PROJECT Councilmember Lhotka requested the staff to report on the status of the Brookwood Housing Project. The City Manager commented that Mr. Phil Cohen has met with Mr. Dan Brutger this afternoon regarding the housing project. Mayor Nyquist requested that the Brookwood Senior Housing Project be put on the next Council agenda as an information item. ADJOURNMENT There was a motion by Councilmember Theis 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 10:06 p.m. —<Z Zpu L tyC — ite Clerk Mayor 2 -11 -85 -13 -/