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HomeMy WebLinkAbout1985 05-06 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 MAY 6, 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 :03 p.m. ROLL CALL Mayor an 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, Director of Finance Paul Holmlund, City Engineer Jim Grube, and Deputy City Clerk Tom Bublitz. INVOCATION The invocation was offered by Pastor Dick Rabine of the Brookdale Covenant Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone 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. None of the Councilmembers requested items removed from the Consent Agenda and the Mayor continued with the regular-agenda items. APPROVAL OF MINUTES - APRIL 22, 1985 There was a motion by Councilmember Lhotka and seconded by Council-member Scott to approve the minutes of the City Council m6eting of April 22, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PRESENTATION TO CITY COUNCIL FROM NATIONAL WATER SKI ASSOCIATION The Council received a letter from Mr. Hank Longo, President of the Minnesota Water Ski Association, thanking the Council for their cooperation in allowing the Water Ski Association members to perform ski jumping on Twin Lake. RESOLUTIONS RESOLUTION NO. 85 -72 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET, AUTHORIZING TRANSFER OF FUNDS FROM COUNCIL CONTINGENCY ACCOUNT AND AUTHORIZING DISBURSEMENT OF FUNDS FROM CITY'S LIQUOR FUND 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 5 -6 -85 -1- 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 -73 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF JOAN DOMAAS 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 -74 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET, AUTHORIZING THE EXPENDITURE OF FUNDS FOR CAPITAL OUTLAY IN THE FIRE DEPARTMENT 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, YQ , 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 Lhotka and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE S. C. National Little League Hwy. 100 & Lilac Dr. Los Primos Brookdale Center T. Wrights 5800 Shingle Cr. Pkwy. ITINERANT FOOD ESTABLISHMENT LICENSE B. C. American Legion Auxilary 4307 70th Ave. N. Orchard Lane School 6201 Noble Ave. N. MECHANICAL SYSTEMS LICENSE Advance Heating 7805 Beech St. NE Atkins Mechanical, Inc. 6550 W. River Rd. Berghorst Plumbing & Htg. 10732 Hanson Blvd. Carlson Refrigeration 133 W. Island Ave. Ganley's Htg. & Air Cond. 2401 80th Ave. N. Genz -Ryan 14745 South Robert Trail Harris Mechanical Contracting 2300 Territorial Rd. LeVahn Brothers Plumbing & Htg. 3200 Penn Ave. N. Pump & Water Service, Inc. 1800 2nd St. S. Rapid Heating & Air Cond. 205 Atlantic Ln. G. Sedgwick Htg. & Air Cond. 1001 Xenia Ave. S. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Ford 2500 County Rd. 10 5 -6 -85 -2- POOL TABLE LICENSE Lynbrook Bowl 6357 N. Lilac Dr. SWIMMING POOL LICENSE B. C. Community Center 6301 Shingle Cr. Pkwy. Brookwood Estates 6125 N. Lilac Dr. Columbus Village Apts. 507 70th Ave. N. Earle Brown Farm Apts. 1701, 07 69th Ave. N. Hi Crest Apts. 1300 67th Ave. N. Marvin Garden Townhouses 68th & Orchard Ave. N. Riverwood Townhouse Association 6611 Camden Dr. Twin Lake North Apts. 4536 58th Ave. N. TAXI CAB LICENSE Town Taxi 11318 Olson Highway Yellow Suburban 127 1st Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced several resolutions Accepting Petition and Engineer's Report, Establishing Street Improvement Projects and Calling for a Public Hearing. The four areas addressed by the resolutions, included Ewing Avenue North, Drew Avenue North, Dallas Road, and Wingard Lane. The Director of Public Works reviewed the Engineer's Report on Ewing Avenue North Street Improvement Project No. 1985 -10, and explained that the project was initiated by a petition which was signed by seven out of the 14 property owners in the area. He explained a second petition requesting no improvements along Ewing Avenue was signed by ten out of the 14 property owners, including four of the original seven signers in favor of the project. As a result of this situation, he explained the staff needs additional input from the neighborhood regarding the project. The Director of Public Works explained the staff has completed a preliminary review of the existing conditions and determined that the existing surface placed in 1956 is essentially sound and that accordingly the staff would recommend that the project, if approved, provide for the widening of the existing 27' to 28' surface to the standard 30' width. He pointed out that such a reconstruction should produce a street which would last 20 years. He then reviewed the estimated construction cost of the project which was $36,650 plus $5,500 for contingencies for a total of $42,150. In addition to the construction cost, the engineering cost, administrative cost legal cost and capitalized g interest would bring the � g total project to $48,580. The Director of Public Works then reviewed the revenue sources for the project and again reviewed the problems with the two petitions. He stated that as a result of the conflicts among the two petitions the staff is recommending the Council proceed with a public hearing process. The Director of Public Works also p resented an alternate resolution to the Council denying the project. Ms. Janice Hopke requested to speak and stated that of the four individuals in the project area who did not sign her petition against the improvement project, one of 5 -6 -85 -3- these four did not sign either petition. She explained that ten out of the 13 property owners who signed petitions expressed a desire to deny the project. Currently, she stated there are two persons for the project, 11 recommending denial, and one not indicating either denial or approval. The Director of Public Works reviewed the City's petition process, and explained that it is standard policy to send two petitions along with the petition carrier, one for the project and one against. He explained the person carrying the petitions is asked d o record all persons in favor and also those opposed to a articular project. AP A P J REVIEW OF DREW AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -11 The Director of Public Works reviewed the location of the proposed Drew Avenue project which is one block east of the Ewing Avenue project. He explained the project was initiated by a petition carried by Mr. Larry Goga. He noted that six of the 14 property owners signed a petition in favor of the project and seven of the 14 property owners signed a petition opposing the project. He explained one property owner indicated no position on the project. The Director of Public Works explained that a second petition was circulated by property owners on Drew Avenue between 67th and 68th opposing the improvements on Drew between 67th and 69th. He noted that almost 100% of these property owners were against the project and that this was being submitted as information only to the Council. With regard to the project, the Director of Public Works explained that the street improvement p project on Drew was almost identical to the Ewing Avenue project. He proceeded to review the project costs which totaled $48,580 and also reviewed the revenue sources for the project. He explained that two resolutions are being presented to the Council this evening, one in favor and one denying the project. REVIEW OF DALLAS ROAD STREET IMPROMENT PROJECT NO. 1985 -12 The Director of Public Works noted that the Dallas Road Street Improvement Project was initiated by petition with nine of the 17 property owners in the area signing in favor of the project and five of the 17 signing in opposition. He explained the project area comprehended by the Dallas Road project is 22 years old and is experiencing signs of stress. He reviewed the recommendations for reconstruction of the roadway, which included subgrade drainage and a new roadway surface. He explained that the new street could expect to have a life expectancy of 20 years or more. The Director of Public Works proceeded to review the cost of the project which totaled $92,830. He then reviewed the revenue sources for the project. The Director of Public Works recommended that the alternative of no reconstruction on this project is not advisable since the minimum repair cost for the roadway would be between $20,000 and $30,000. REVIEW OF WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13 The Director of Public Works explained the project on Wingard Lane was initiated by a petition which calls for the closure of the Wingard Lane intersection with Brooklyn Boulevard. The petition was signed by five of the ten affected property owners and requests that a "hammerhead turnaround" be installed. He pointed out that the person carrying the petition did not obtain the signatures of those opposed to the project. The Director of Public Works noted that there are approximately 1,250 vehicles per day traveling on the affected portion of Wingard Lane. He then reviewed the cost of 5 -6 -85 -4- I construction for the project which totaled $20,590, including engineering and administrative costs. He explained the project is a safety improvement and a benefit to the entire City and therefore, the staff is recommending the total cost of the project be charged to the City's MSA fund. Councilmember Hawes expressed a concern that perhaps this type of structure may be requested in other areas of the City. The City Manager recommended to the Council that each project must be weighed on its own merits. The staff and Council continued to discuss the general traffic flow in the area and the proposed project. Mayor Nyquist noted that there were public hearings scheduled for 7:30 p.m. and that the Council would return to the street reconstruction projects later in the meeting, and requested the staff to begin the Planning Commission items. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85007 SUBMITTED BY SIGN SERVICE, INC. FOR A VARIANCE FROM THE SIGN ORDINANCE TO ERECT AN 8 BY 10' FREESTANDING IDENTIFICATION SIGN AT 00 BROOKLYN BOULEVARD The City Manager pointed out the Planning Commission recommended denial of Application No. 85007 at its April 25, 1985 meeting. The Director of Planning & Inspection presented and reviewed for Councilmembers pages one through two of the April 25, 1985 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 85007. He explained the applicant is Sign Service, Inc. and is seeking a variance for the Ryan Oldsmobile dealership on.Brooklyn Boulevard north of I -94. He explained the request is to erect an 8' x 10' freestanding identification sign at the Oldsmobile dealership at 6700 Brooklyn Boulevard. He explained that there exists on the site three roof signs which exceed the height in area allowed by the sign ordinance. He pointed out these were allowed under a variance granted in 1975 which forbade any other freestanding signery on the site. He added the sign ordinance would normally allow two freestanding identification signs for this type of outdoor sales and display activity. At present, he pointed out Ryan Oldsmobile has one more roof sign than is permitted and all three roof signs are higher than the 23 1 6 " allowed by ordinance. He explained that the current situation was acknowledged by a variance Application No. 75004 in lieu of all other freestanding identification signery on the site. In summary, he pointed out the variance was granted in 1975 with the condition that no other freestanding sign be permitted on the site. The Director of Planning & Inspection presented and reviewed for Councilmembers the applicant's letter requesting the sign variance. He explained the sign requested is legal under normal circumstances but not in consideration of the previous variance granted. The Director of Planning & Inspection explained that, after holding a public hearing on the application, the Planning Commission determined that there were no grounds for granting the variance. He pointed out there is a public hearing scheduled on the application this evening and that the proper notices had been sent to surrounding property owners and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85007. He recognized the applicant, Mr. C. L. McKline of Sign Service, Inc. who told the City Council that he was in a unique position with the sign already being 5 -6 -85 -5- installed. He explained that last fall Ryan Oldsmobile went into the leasing business, and wanted a sign to announce its rates and at that time he indicated he checked with Building Official Will Dahn, and was told that he could have such a sign. However, he pointed out when he made formal application for the sign permit he was denied. He again emphasized that Ryan Oldsmobile like many other car dealers is moving into the leasing area and believes it is important to get the right information on their daily and monthly rates for leasing. He also stated that he believes the sign panels on top of Ryan Oldsmobile's building are part of the wall and that the signs were therefore a wall sign. He asked that the Council consider the signs as wall signs and, therefore, allow the freestanding signs normally permitted. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Application No. 85007. In discussion of the application, Councilmember Theis inquired as to the procedure for variance request. The City Manager explained that the staff does a detailed check of applications when the formal application is submitted. He explained that the staff answers questions over the phone but does not go into detail unless an application is submitted. The Council continued to discuss and review the history of the sign variance granted to the Ryan Oldsmobile dealership formally Velie Oldsmobile, in 1975. Councilmember Hawes asked that, if the roof signs were removed, could the dealership install freestanding signs. The Director of Planning & Inspection stated that the freestanding signs would be permitted and the dealership would be entitled to two freestanding signs, one 250 sq. ft. and another 125 sq. ft. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to deny Application No. 85007 on the grounds that the standards for a variance are not met. Voting n favor: Mayor yor Nyquist, Councilmembers Lhotka Scott Hawes and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 85008 SUBMITTED BY RYAN CONSTRUCTION COMPANY FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A 4, 000 SQUARE FT. DRIVE -UP BANK FACILITY IN THE OFFICE BUILDING UNDER CONSTRUCTION AT SHINGLE CREEK PARKWAY AND SUMMIT DRIVE The City Manager pointed out the Planning Commission recommended approval of Application No. 85008 at its April 25, 1985 meeting. The Director of Planning & Inspection presented and reviewed for Councilmembers pages two through four of the April 25 minutes and also the Planning Commission information sheet prepared for Application No. 85008. He explained the request is for a special use permit for a drive -up bank facility in the office building under construction on Shingle Creek and Summit Drive. He explained the building is phase II of the Brookdale Corporate Center. The Director of Planning & Inspection proceeded to review the parking requirements for the proposed project and also reviewed the traffic concerns raised by the application. He explained the four drive -up lanes are to be located on the east side of the building and bank customers would enter the site via an access slightly 5 -6 -85 -6- south of the building. As a result, he pointed out cars using the drive -up lanes will turn right almost immediately and stack between the drive -up teller stations and the driving lane running along the south side of the building. He explained the concern of staff is that the stacking associated with the bank drive -up may back up into this lane, hindering entrance to the site, perhaps, to the point of affecting the flow of traffic on Earle Brown Drive. He cited another concern with regard to the peak business hours for the bank particularly Friday afternoon and the possibility that it will lead to conflicts between cars willing to enter the site for banking and cars exiting both office buildings and moving into the right turn lane of southbound Earle Brown Drive. He stated that the staff is concerned that if the bank's business grows there may be a serious traffic problem affecting the public streets, and that the staff is recommending that the permit approval be conditioned on the southerly access being moved north of the building, if the City determines that a traffic problem related to the operation of the bank exists in Earle Brown Drive. The Director of Planning & Inspection stated that, following a public hearing the Planning Commission recommended approval of Application No. 85008 subject to eight conditions which he reviewed for Councilmembers. He also pointed out that a public hearing is scheduled this evening, that the proper notices had been sent, and that a representative of the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85008. The Director of Planning & Inspection noted that item No. 7 in the Planning Commission recommended conditions should be modified to state that the easements for landscape improvements should be at both the southwesterly and southeasterly corners of the property, where Shingle Creek Parkway and Summit Drive intersect, and where Earle Brown and Summit Drives intersect. Mayor Nyquist recognized Mr. John Kelly of Ryan Construction who stated that he has nothing to add to the information presented to the Council this evening but is available to answer any questions the Council might have regarding the proposed project. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 85008. 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 Theis to approve Application No. 85008 subject to the following conditions: 1. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 5 -6 -85 -7- 2. The certificate of occupancy for the bank shall be subject to the installation of 15 minute parking signs at no less than 10 stalls on the south side of the office building. 3. The applicant shall agree in writing that the south entrance to the site off Earle Brown Drive shall be relocated to a point north of the office building upon a determination by the City that a traffic problem related to the operation of the bank exists in Earle Brown Drive. Said agreement to be executed prior to the issuance of the special use permit and prior to building permits for the bank space and shall be filed with the title to the property. 4. Special use permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 5. Permit approval acknowledges a proof -of- parking plan received April 11, 1985 from Ryan Construction Company providing 492 parking stalls on site. If it becomes necessary to install some deferred spaces, those located in the Earle Brown Drive greenstrip shall be installed first and those potentially under the landscaped islands installed last. 6. The applicant shall agree in writing to install proof -of- parking spaces upon a determination by the City that a parking deficiency exists on the site. Said agreement shall be executed prior to issuance of building permits for the bank. 7. The applicant shall grant easements to the City for the purpose of allowing landscape improvements at the southeasterly and southwesterly corners of the property, where Shingle Creek Parkway and Summit Drive intersect, and where Earle Brown and Summit Drives intersect. 8. The applicant shall grant a 5' sidewalk easement along the southerly side of the property to the City. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09 The Director of Public Works introduced the public hearing and explained that notice of the hearing has been published in the official newspaper and all affected property owners have received written notice of the hearing. He proceeded to review the location of the project which is along Xerxes Avenue North from County State Aid Highway 10 to the I -94 bridge. He noted the project proposes to improve the surface on the roadway by repairing the structural cracking then constructing a bituminous overlay. Also, he pointed out included in the proposed surface improvement is the replacement of cracked, settled, and deteriorated concrete curb and gutter, the reconstruction of the sidewalk pedestrian ramps and placement of settled sidewalk panels at the Xerxes Avenue I -94 bridge approach. The Director of Public Works then discussed the proposed geometric changes to the roadway which is include a left turn lane for northbound to westbound traffic 5 -6 -85 -8- movements at the Xerxes Avenue, 59th Avenue intersection, construction of a roadway surface taper for the northbound traffic lane approach prior to the left turn lane and lengthening of the left turn lane for northbound to westbound turn at the Xerxes Avenue, 63rd Avenue intersection. The Director of Public Works then reviewed the cost estimates for the project totaling $359,290. He also reviewed the special assessment share of the project which totaled 67 %, and reviewed the approach to assessing the project which consisted of establishing two zones with different assessment rates based on square footage. He also noted the staff determined it would be difficult to show benefit to residential properties in the project area, especially, with a more or less routine bituminous overlay. He pointed out, however, benefit can be proved to commercial properties which will receive an improved level of service with the improved street surface. He continued his review of the zones of benefit indicated in the project which included zone A and zone B. The Director of Public Works stated that notices of this evening's public hearing had been sent to all commercial and residential property owners in the project area and that the staff is not aware of any written correspondence from property owners in the project area. Councilmember Theis expressed a concern regarding the left turn lane proposed to facilitate traffic moving through the residential area at 59th & Xerxes. The Director of Public Works replied that one of the recommendations in the City's comprehensive plan is to eliminate the access from 59th onto Brooklyn Boulevard. He explained this was discussed with some of the residents in the area and generally the residents preferred the access to Brooklyn Boulevard to remain open. The City Manager added that the left turn lane at 59th can be justified on a safety basis even if 59th Avenue were closed off to Brooklyn Boulevard. Councilmember Theis commented that he could approve the left turn lane, if the left turn lane aided residents living in the area. The Director of Public Works commented that in both the Wingard Lane and Xerxes Avenue project it is recognized that the traffic conditions are not good and can go either way. He explained that in the Xerxes Avenue project he believes the better of the two choices is to accommodate the traffic movement via the left turn lane. !He noted that the left turn lane will always be used by someone even if traffic circulation changes along 59th. He added that he does not believe that traffic is going to be any more encouraged to travel down 59th with the left turn lane but rather he views it as improving the safety of the intersection. Mayor Nyquist opened the meeting for the purpose of a public hearing on Xerxes Avenue North Street Improvement Project No. 1985 -09• 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 Xerxes Avenue North Street Improvement Project No. 1985- 09. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion assed unanimously. p RESOLUTION NO. 85 -75 Member Celia Scott introduced the following resolution and moved its adoption: 5 -6 -85 -9- RESOLUTION ORDERING XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09, AND PREPARATION OF PLANS AND SPECIFICATIONS THEREON Upon a roll call vote being taken on the motion, the following voted in favor thereof: Councilmember Hawes yes, Councilmember Scott yes, Councilmember Lhotka yes, Councilmember Theis yes, Mayor Nyquist yes. and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 9:35 p.m. RESOLUTIONS (CONTINUED) Mayor Nyquist noted the Council would now address the resolutions presented in conjunction with the various petitions for street improvement projects reviewed earlier in the meeting. RESOLUTION NO. 85 -76 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITION, RECEIVING ENGINEER'S REPORT, ESTABLISHING EWING AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -10, AND CALLING FOR A HEARING THEREON 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 an Rich , , d c Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -77 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITION, RECEIVING ENGINEER'S REPORT, ESTABLISHING DREW AVENUE NORTH STREET IMPROVMEMENT PROJECT NO. 1985 -11, AND CALLING FOR A HEARING THEREON 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 -78 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITION, RECEIVING ENGINEER'S REPORT, ESTABLISHING DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12, AND CALLING FOR A HEARING THEREON 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 -79 Member Rich Theis introduced the following resolution and moved its adoption: 5 -6 -85 -10- RESOLUTION ACCEPTING PETITION, RECEIVING ENGINEER'S REPORT, ESTABLISHING WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13, 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. RESOLUTION NO. 85 -80 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER WELL NO. 8 IMPROVEMENT PROJECT NO. 1985- 01, PHASE I AND PHASE II 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. DISCUSSION ITEMS REPORT ON TRAFFIC STUDY RELATING TO THE RETAIL DEVELOPMENT MORATORIUM The Director of Public Works introduced Mr. Bob Byers and Mr. Glen Van Wormer of Short - Elliott- Hendrickson, the consulting firm conducting the traffic analysis study. Mr. Byers stated that he would present a verbal summary of the report this evening with a written report to follow. Mr Byers proceeded to review the project process and project methodology. He explained the analysis estimated the number of trips generated under each potential land use in the study area. He stated the traffic counts were developed around three scenarios, existing land use, probable land use, and maximum usage of land. He noted that the maximum development alternative for some intersections presented some very difficult traffic situations. He noted the study addressed the various rush hours experienced in the study area, one being, 5:00 to 6:00 p.m. carrying work related traffic and another 7:00 to 8:00 p.m. carrying retail related traffic. Mr. Byers cited an example of one of the intersections studied in the analysis, that being County Road 10 and Shingle Creek Parkway. He explained the 5:00 to 6:00 p.m. traffic totaled 3,600 vehicles in the intersection and the 7:00 to 8:00 p.m. traffic totaled 3,400 vehicles. He then reviewed the intersections at the Brookdale area, and noted that the City would probably not want to deviate much beyond the probable development in this area because of the heavy traffic. Asa general rule, he stated that south of Interstate 94 there is less flexibility with regard to traffic and north of the interstate there is relatively more flexibility and the City may deviate from the probable development scenario. He then reviewed the traffic service levels at various intersections in the study area, and noted that most intersections can be handled at the probable level with some improvements but the maximum case presents more difficult problems with more expensive solutions. The City Manager explained that the staff will be working with Short- Elliott- Hendrickson before May 20th to develop strategies to control development to a probable case. 5 -6 -85 -11- ORDINANCES The City TEnager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Commercial Uses in Multi -story Office Buildings. He explained the ordinance was first read on April 8, 1985, published in the City's official newspaper on April 18, 1985, and is recommended for a second reading this evening. He pointed out accessory uses permitted under the ordinance amendment include retail food shops, gift shops, book and stationery shops, tobacco shops, accessory eating establishments, sale and service of office supply equipment, newsstands, and similar accessory retail shops. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinance Regarding Accessory Commercial Uses in Multi -story Office Buildings. 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 Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Commercial Uses in Multi -story Office Buildings. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 85 -08 Member Celia Scott introduced the following ordinance and move its adoption: d i i g P AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ACCESSORY COMMERCIAL USES IN MULTI -STORY OFFICE BUILDINGS The motion for the adoption of the foregoing ordinance was duly seconded b member P g � Y Y 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 ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Fees, and explained the ordinance is offered for a first reading this evening and would provide an additional class of liquor license ( Class D ) to the ordinance. He added that the ordinance also addresses miscellaneous housekeeping changes and corrections to the City liquor ordinance. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor License Fees for a first reading and to set the public hearing date on the ordinance for un J e 10 1985 at 0 .m. t' f Ma 9 7 3 Voting in favor: or Nyquist, P g Y Yq , Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced An Ordinance Amending Chapter 23 of the City Ordinances Regarding On -Sale Intoxicating Liquor License Fees, and explained the ordinance is offered for a first reading and would establish the license fee for the Class D liquor license. I I There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances I � 5 -6 -85 -12- Regarding On -Sale Intoxicating Liquor License Fees and to set the public hearing date for the ordinance amendment for June 10, 1985 at 7:30 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles. He explained the ordinance is offered for a first reading this evening and addresses the issue of vehicles stored on private property which had been previously classified in the ordinance as junk vehicles. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles and to set the public hearing time and date at 7:30 p.m. on June 10, 1985. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSIDERATION OF APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE FOR MIDWEST RESTAURANT ASSOCIATES, INC. TO OPERATE UNDER THE NAME OF T.J. APPLEBEE'S The City Maiiager explained the restaurant 71 ll be located in the Brookdale Shopping Mall in the space formerly occupied by the Hennepin County Service Center and the Video Arcade. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the On -Sale Intoxicating Liquor License for Midwest Restaurant Associates, Inc. to operate under the name of T.J. Applebee's contingent upon the police department final on -site inspection and approval of the premises and seating requirements. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MOTION APPROVING MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND THE LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL N0. 2 The City Manager requested the Council's approval of the memorandum of understanding between the City and the Police Department Bargaining Unit and noted that the only changes in the existing contract is a 5% wage increase and an additional $10 per month towards the purchase of health insurance. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the Memorandum of agreement between the City of Brooklyn Center, Minnesota and Law Enforcement Labor Services, Inc., Local No. 82 and dated May 2, 1985. 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 Hawes 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 10:25 p.m. putt' CitY elk Mayor: f % 5 -6 -85 -13-