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HomeMy WebLinkAbout1991 11-04 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 4, 1991 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed form the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: *a. October 21, 1991 - Regular Sessions 7. Planning Commission Items: (7:05 p.m.) a. Planning Commission Application No. 91018 submitted by PDQ Food Stores, Inc. requesting site and building plan and special use permit approval to construct a 2,400 sq. ft. gas station/ convenience store /car wash at the southeast quadrant of T.H. 252 and 66th Avenue North -This application was first considered by the City Council at its meeting on October 7, 1991, at which time the City Council directed the preparation of a resolution denying this application on the basis that the standards for special use permit had not been met. The City Council on October 21, 1991, considered said resolution and tabled further consideration of this application at the request of the applicant which indicated it was willing to make some modifications to its plan. The City Council also directed the staff to notify neighboring property owners of its consideration of a resolution of denial or approval of a revised site plan at its November 4, 1991, meeting. 8. Ordinances: (7:15 p.m.) a. An Ordinance Vacating a Portion of a Drainage and Utility Easement in Earle Brown 1st Addition -This ordinance was offered for a first reading on October 7, 1991, published in the City's official newspaper on October 16, 1991, and is offered this evening for a second reading. r CITY COUNCIL AGENDA -2- November 4, 1991 b. An Ordinance Amending Chapter 11 of the City Ordinances Regarding Gambling Regulations -This ordinance was offered for a first reading on October 7, 1991, published in the City's official newspaper on October 16, 1991, and is offered this evening for a second reading. c. An Ordinance Amending Chapter 35 of the City Ordinances to Allow Detached Car Washes at Service Station Sites -This ordinance was offered for a first reading on October 7, 1991, published in the City's official newspaper on October 16, 1991, and is offered this evening for a second reading. 9. Discussion Item: a. Request of Marquette Bank Brookdale for Consideration of Amendment of the Sign Ordinance 10. Resolutions: *a. Establishing Project and Accepting Proposals for Televising/ Cleaning Interceptor Sewer, Improvement Project No. 1991 -24 *b. To Increase the Fee to be Charged for the Processing of 40 Returned Checks Issued to the City of Brooklyn Center *c. Congratulating Judy Lamp, Principal of Park Center High School -Ms. Lamp was name Minnesota Principal of the Year. Ms. Lamp is principal of Park Center High School. 11. Consideration of Specified Licenses: a. On -Sale Nonintoxicating Malt Liquor License for Chuck Wagon Grill *12. Licenses 13. Adjournment r s K''% MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPI:N AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 21, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Public Works Coordinator Diane Spector, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Peggy McNabb. OPENING CEREMONIES The Council and staff observed a few moments of silence. OPEN FORUM Mayor Paulson noted the Council had received three requests to use the open forum session this evening. KRISTEN MANN, 5415 E TWIN LAKE BLVD., 535 -7646 Mayor Paulson invited Kristen Mann to come before the Council regarding itinerant food establishment policies and procedures. Ms. Mann advised the Council she is chairing the upcoming "Taste of Brooklyn Center" which is an annual event sponsored by local restaurants and organized and coordinated by the Brooklyn Center Chamber of Commerce. The event this year will be at the Captain's Room in the Earle Brown Heritage Center on November 12, from 5 :00 to 8:00 p.m. Eight local restaurants will be participating; there will be a cash bar and silent auction. Ms. Mann advised the Council she has agreed to chair the event this year, and is hopeful to raise some funds for the Chamber of Commerce to retire some of its debt. She has, however, experienced some conflict and mixed messages regarding itinerant food establishment policies and procedures, and asked the Council for clarification. The City health inspector has indicated a list of all the restaurants participating along with a statement from the Chamber accepting responsibility will fulfill state requirements for such 10/21/91 - 1 - an event. According to City staff, however, an itinerant food establishment license is required for the event -- either one license for each restaurant participating or else one blanket license issued to the Chamber of Commerce. Ms. Mann distributed a copy of the City's itinerant food establishment procedures and policies to the Council members. She addressed the fact that the restaurants participating in the event are all reputable, licensed, local restaurants, as is the Captain's Room in the Earle Brown Heritage Center, and asked the Council if in fact the Chamber of Commerce needs to pursue an itinerant food establish license for this event. The City Manager responded by saying the policy is generally intended for people who set up and serve food at temporary locations for a short period of time. He will review the requirements and procedures with both the City health department and City staff, and respond to Ms. Mann on Tuesday, October 22, 1991. The Mayor and Councilmember Pedlar thanked Ms. Mann for her involvement in the event. DAWN BAZANT RENEE THOMAS AND CONNIE HOWE The Mayor invited Dawn Bazant, Renee Thomas and Connie Howe to address the Council regarding their desire for a "Children At Play" sign on the corner of 69th and Major Avenues. Ms. Bazant, Ms. Thomas and Ms. Howe advised the Council they, and the other residents of the 6900 block of Major Avenue North, would like a traffic sign installed to caution motorists approaching their neighborhood to slow down. The residents informed the Council there are 18 small children living on the one short block of Major Avenue North, a number far above the average number of children for a one block area. Their concerns are both the volume of cars and the rate of speed at which those cars travel on Major Avenue North. In addition, Major Avenue North is not a thru street; and the number of motorists test driving cars from the nearby automobile dealerships is a continual problem. They again emphasized the rate of speed at which those motorists travel, and the complete disregard to the City sign prohibiting test driving of automobiles on Major Avenue North. The residents reported to the Council their numerous attempts to have such a sign installed have been continually denied by City staff, and they are now asking for assistance from the Council. Ms. Thomas presented the following petition to the members of the Brooklyn Center City Council: 10/21/91 -2- We would like a sign "Slow Children at Play" or "Caution Children at Play" put up on the corner of 69th and Major Avenues North. Signature Address Mr. and Mrs. Mike Bazant 6907 Major Avenue N Patrick and Renee Thomas 6933 Major Avenue N Cheri and Dan Paradise 6945 Major Avenue N Velma Nitz 6942 Major Avenue N Mark and Connie Howe 6906 Major Avenue N Maria Wazwaz 4600 - 69th Avenue N Norman and Mary Hanson 6921 Morgan Avenue N John and Inara Langford 6930 Major Avenue N Jeannie Kaine 6915 Major Avenue N Phil Schackman 6927 Major Avenue N Howard and Edith Jones 6939 Major Avenue N Sean and Lynn O'Mara 4508 - 69th Avenue N Michael R. Solberg 6912 Major Avenue N The City Manager responded to the residents' comments and concerns by stating the City's position on these types of traffic signs is based first on the fact that virtually every street has children on it, and ideally every street would then have to be posted. It would be very difficult, if not impossible, to justify signing some streets and not others. And secondly, national studies have shown these types of traffic signs are basically ineffective; motorists do not comply with them. Therefore, the City's policy has been to not install these types of traffic signs on its roadways. The City Manager recommended this issue, however, be referred to the Traffic Safety Advisory Committee for review and comment. The Council members discussed the residents' concerns and the City's policy. Councilmember Cohen raised a discussion on the apparent misuse of Major Avenue North as a test - driving area by patrons of the nearby automobile dealerships. The City Manager reported the City had posted a sign forbidding test driving on Major Avenue North in response to the problem cited by the residents; and in addition, had spoken with the nearby automobile dealers. The dealers responded that unless the salesmen and women accompany the test drivers, it is very difficult to control where patrons go to test drive cars. The City Manager suggested, and the Council concurred, the issue of these types of cautionary traffic signs, as well as the test driving of automobiles in this specific area, be further addressed by the Traffic Safety Advisory Committee. Ms. Bazant, telephone 560 -1456, agreed to be the main contact person for the neighborhood residents; and the City Manager indicated a response from the City should be forthcoming within 30 days. 10/21/91 -3- The Council members thanked Ms. Bazant, Ms. Thomas and Ms. Howe for bringing their concerns before the Council. Councilmember Cohen added it was refreshing to once again address a citizen issue such as the safety of the children in the community. The Mayor inquired if there was anyone else present who wished to address the Council on open forum. There being none, he continued with the regular agenda items. COUNCIL REPORTS TOWN MEETINGS The Mayor advised the Council two town meetings have been tentatively scheduled; and while Council member attendance would not be mandatory, he would like to see these meetings initiated and promoted by the City Council. Both town meetings will be held in the C Barn at Earle Brown HeritaJe Center beginning at 7:00 p.m. TOWN MEET_ ING ON CHARTER PREAMBLE (COMMUNITY MISSION STATEMENT) NOVEMBER 14, 1991 The Mayor advised the Council the topic of this first town meeting would be the Charter Preamble and would include executing the Community Mission Statement based on that Preamble. He recalled this idea had been discussed at the Council's joint meeting with the Planning Commission. He further advised the Council he had also received a very enthusiastic response to the idea from the Charter Commission. TOWN MEETING ON TRANSIT ISSUES OPT -IN PROGRAM JOINT POWERS OPPORTUNITIES) NOVEMBER 21, 1991 The Mayor felt Brooklyn Center is ready to begin work on current transit issues such as the Opt -In Program with the Metropolitan Transit Commission and also the RTB's proposal to establish Brookdale as a transit hub. He felt, however, that residents should first be informed as to what may be available to them, and also should be offered an opportunity to offer input and become involved in the decision making processes. The Mayor advised the Council the Communications Commission's first meeting will be Wednesday. He has asked the Communications Commission: 1) to propose a format as to how they felt these town meetings should be operated, i.e., the standard council /audience type meeting; and 2) for input on how best to encourage residents to attend the meetings and become involved. MINNESOTA'S PRINCIPAL OF THE YEAR AWARD In recognition of Judy Lamp, Principal of Park Center High School, recently being named Minnesota's Principal of the Year, there was a motion by Councilmember Rosene and seconded by Councilmember Cohen to present a resolution commending Ms. Lamp for this achievement. The motion passed unanimously. 10/21/91 -4- SAFEGUARDING RENTAL PROPERTY RESIDENTS WITH SPECIAL HEALTH NE EDS AGAINST THE MAIN POWER BEING SHUT OFF BY POLICE In response to recent media coverage of a situation wherein some residents with special health needs were unknowingly put at risk when the main power source at their apartment complex had been shut off by the police during a drug bust, Councilmember Rosene proposed Brooklyn Center institute a program wherein the police can be informed by rental property owners when residents have special health needs in order to safeguard similar possibly life- threatening situations from occurring in Brooklyn Center. The City Manager advised the Council the 911 /central communications system initially had a feature wherein special alerts and considerations can be programmed into the system. The problem, however, was keeping the information up to date. Unless rental property owners and /or residents call in each and every time there is a move involving tenants with special health needs, the information quickly becomes inaccurate and unreliable. He will discuss this issue with the 911 /Central Communications Director. KIDS FOR SAVING THE EARTH On behalf of the Kids for Saving the Earth organization, Councilmember Rosene presented a reusable ceramic coffee mug to each Council member, and suggested they use the mugs, rather than styrofoam or paper cups, for their coffee. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. No requests were made. APPROVAL OF MINUTES OCTOBER-7,1991 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the minutes of October 7, 1991, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -247 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1991 -16 AND APPROVING EASEMENT NEGOTIATIONS FOR TRAIL IMPROVEMENTS AT HUMBOLDT SQUARE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 10/21/91 -5- RESOLUTION NO. 91 -248 Member .i erry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SALE OF CITY OWNED PROPERTY IN THE VICINITY OF 66TH AVENUE AND CHOWEN AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -249 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1991 -21, CONTRACT 1991 -Q, SIDEWALK REPLACEMENT -- VARIOUS LOCATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -250 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/21/91) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91-25 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION N0. 91 -252 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 10/21/91 -6 - RESOLUTION NO. 91-253 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) 1,500 GALLON WATER TANK The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the following list of licenses: COMMERCIAL KENNEL Snyder Bros. Drug Store 1296 Brookdale Center FOOD ESTABLISHMENT Chuck Wagon Grill 5720 Morgan Avenue N ITINERANT FOOD ESTABLISHMENT Brooklyn Harmonettes 6155 Earle Brown Drive St. Alphonus Catholic Church 7025 Halifax Avenue N MECHANICAL SYSTEMS Kraemer Heating 7441 Dallas Court Preferred Mechanical Services, Inc. 712 West 77 -1/2 Street RENTAL DWELLINGS Initial: Mr, and Mrs. Joseph Maddy 5540 Aldrich Avenue N Craig and Barbara Benell 1807 - 70th Avenue N Renewal: ROI Properties, Inc. 6306 Brooklyn Drive Douglas and Kathleen Williams 5107 Drew Avenue N Clifford Lane/Dorothy Ernst 6927 June Avenue N Michael Goodwin 5006 Howe Lane Leslie Reinhardt 5713 Humboldt Avenue N John and Edna Moryn 4207 Lakeside, #130 Jonathan Cain 4207 Lakeside, #135 E. Alan Knudson 5547 Lyndale Avenue N Carin Rudolph 5318 - 20 Queen Avenue N Casmir and Doris Stachowski 5327 -29 Queen Avenue N Tom and Wendy Wurr 5422 - 72nd Circle N The motion passed unanimously. 10/21/91 -7- PLANNING COMMISSION ITEM PLANNING COMMISSION APPL I C ATION NO 91019 -- CONDURA MARKETING CORPORA'T'ION The City Manager presented Planning Commission Application No. 91019 submitted by Condura Marketing Corporation requesting a site and building plan and special use permit to install and operate a Tires Plus store in the commercial building at 5927 John Martin Drive, formerly the site of Burger Brothers. The Director of Planning and Inspection reviewed the application and staff report, noting the request is for both a site and building plan and a special use permit to modify the commercial building at 5927 John Martin Drive (formerly Burger Brothers) in order to relocate the Tires Plus store currently operating at 69th Avenue and Brooklyn Boulevard. The property is zoned C2, and is bounded on the northeast by John Martin Drive, on the southeast by Perkins Restaurant, on the south by Group Health Dental and U.S. West Communications, and on the northwest by Ethan Allen Furniture. Auto repair shops are special uses in the C2 zoning district. Tires Plus will occupy slightly less than half of the 10,490 square -foot building. No access changes are proposed. The parking lot at the site exceeds the present retail parking requirement. Staff generally agreed the proposal can meet the standards for a special use permit; however, felt the possibility of open service doors and outside display might have a detrimental effect on this commercial neighborhood; and therefore, recommended conditions of approval aimed at preventing noise and visual pollution from this use. It should also be clear to the applicants that if the request is approved, the use of trailers for storage will be strictly prohibited. Although service stations are allowed to have outside display of merchandise within four feet of the building, staff believed such display would be incompatible with the surrounding commercial area and should be consistent with its standards applied to other commercial property in the immediate area through the use of Administrative Land Use Permits. The Director of Planning and Inspection advised the Council the Planning Commission considered this application and held a public hearing at its October 10, 1991, meeting; and recommended the application for approval subject to the 11 conditions listed on pages four and five of the minutes from that meeting. Notices have been sent advising the surrounding property owners of the Council's consideration of this request. The Director of Planning and Inspection informed the Council representatives of the applicant were present at the meeting and available for questions and /or comments. He explained that a letter had been submitted indicating that Ethan Allen did not object to having the service bay doors open. Councilmember Scott noted that condition No. 10 of the recommended approval also prohibits delivery and semi- trucks with promotional logos on the sides from sitting in the parking lot for prolonged periods of time. 10/21/91 $ w well an automotive service operation would blend Councilmember Rosene questioned ho p with the neighboring Ethan Allen Furniture and Perkins Restaurant and cited such characteristics as the noise level and the visual effect of open bays in which automobiles are being serviced. Councilmember Rosene suggested, and the Mayor and Council concurred, staff may want to work on developing a plan which would address the issue of appropriately blending commercial areas with the same types and calibers of businesses. Councilmember Cohen suggested addressing this concern at a special work session of the Council. Councilmember Pedlar thanked Tires Plus for wanting to reinvest in Brooklyn Center, and raised a concern on the potential fire hazard that would exist with 2,400 tires stored at the facility, as proposed. Councilmember Rosene expressed thanks and appreciation to the Tires PIus for exceeding the landscaping requirements. Mayor Paulson opened the meeting for the purpose of public input at 7:55 p.m. He inquired if there was anyone present who wished to address the Council on Planning Commission Application No. 91019. There were none. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve Planning Commission Application No. 91019 submitted by Condura Marketing Corporation and subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. areas. 5. B612 curb and gutter shall be provided around all new parking an d driving b. The special use permit is granted for a tire, battery and wheel related repair and service operation. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 10/21/91 -9- 7. The special use permit is subject to all applicable codes, ordinances, and regulations. rounds for revocation. violation thereof shall be Any o g 8. There shall be no outside display of tires or other merchandise on the site except by the use of an Administrative Land Use Permit. 9. All vehicles serviced at the store shall be serviced inside the building. Vehicles not being serviced must be parked on the site in authorized parking spaces. No parking of vehicles is permitted in front of the service bays. 10. The use of traders for storage° of new or used tires or any other merchandise or materials is strictly prohibited. 11. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. The motion passed unanimously. Following a brief discussion of Councilmember Rosene's earlier recommendation on developing a plan to appropriately blend businesses of like types and calibers in commercial areas, there was a motion by Mayor Paulson and seconded by Councilmember Pedlar directing staff to meet with the Council to further address this issue. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 91020 -- BROOKLYN CENTER BAPTIST CHURCH The City Manager presented Planning Commission Application No. 91020 submitted by Brooklyn Center Baptist Church requesting preliminary plat approval to subdivide into two lots the parcel on which the Brooklyn Center Baptist Church and parsonage presently sit in order to sell off the church building to another congregation. The Director of Planning and Inspection reviewed the application and staff report, noting the property is at the corner of 59th and Humboldt Avenues North. The property is zoned R1 and is bounded on the north by 59th Avenue North, on the east by a seven -unit apartment building and two single family homes, on the south by other single family homes, and on the west by Humboldt Avenue. No new construction is proposed at the site at this time. The purpose of the subdivision is to divide off a separate Iot for the parsonage. Upon completion of the subdivision, the church will be sold to another congregation. There is some confusion between the new property line location and existing location of a fence which runs inside the church property along the entrance drive from Humboldt back to the area where the church has a garage. The arrangement gives the impression that the residence owns more land than it actually will under the proposed subdivision. The Planning 10 10/21/91 _10- Commission did discuss this matter with the applicant and recommended that it be pointed out to the fixture buyer, The Director of Planning and Inspection advised the Council the Planning Commission considered this application and held a public hearing at its October 10, 1991, meeting; and recommended the application for approval subject to the two conditions listed on page six of the minutes from that meeting. Notices have been sent advising the surrounding property owners of the Council's consideration of this request. Following a brief discussion of the application, there was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91020 submitted by the Brooklyn Center Baptist Church and subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinance. The motion passed unanimously. FINAL PLAT APPROVAL -- BROOKLYN CENTER BAPTIST CHURCH The City Manager presented the request from Brooklyn Center Baptist Church for final plat approval on Planning Commission Application No. 91020. The City Engineer briefly reviewed the request, noting all the conditions have been met. He added, however, the final plat document will not be presented for signature until a favorable title is secured. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar approving the final plat of the Brooklyn Center Baptist Church. The motion passed unanimously. RESOLUTIONS - f CONTINUED RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF NEW LIFT STATION NO. 2, IMPROVEMENT PROJECT NO. 1990 -05, CONTRACT 1991 -P The City Manager presented a Resolution Accepting Bid and Awarding Contract for Construction of New Lift Station No. 2, Improvement Project No. 1990 -05, Contract 1991 -P. The Director of Public Works recalled the Council approved the plans and specifications and directed advertisement for bids for improvement project No. 1990 -05, reconstruction of lift station No. 2, on August 26, 1991. Of the three bids received, the low bidder was Gilbert Mechanical Contractors, Inc.; and while neither Short Elliott and Hendrickson nor the City 10/21/91 - 11 - has had previous experience with Gilbert Mechanical Contractors, Inc., some good references have e be en obtained. He advised the Council the next agenda item is consideration of a resolution which approves a cost participation agreement with the Metropolitan Waste Control Commission, for the construction of the metering station included with the project. Additionally, the City Council previously authorized a proposed agreement with Suburban Hennepin Regional Park District for the exchange of properties between LyndaIe Avenue and the Mississippi River. Staff is in the process of completing final details for these transactions. Robert W. Stark, Project Engineer, and John Stadola, Department Manager, Short Elliott and Hendrickson, gave a slide presentation and discussed the design, features, and capabilities of the proposed new lift station, as well as the areas and degrees of improvement over the existing lift station. Councilmember Scott questioned staff on properly securing the property exchange paper work prior to proceeding with the plan. In response, the City Engineer assured the Council the proper documents would be secured in a timely manner. Councilmember Pedlar raised a discussion on the low bid being over $21,000 higher than the previously approved budget for this project and asked for clarification as to what makes up the difference. In response, Messrs. Stark and Stadola indicated they had talked to the contractor regarding the difference and were told that while a detailed breakdown is not readily available, the major increases are: 1) the cost of the hot tap is $10,000 over the preliminary estimate because of the size of the pipe; and 2) most likely the remainder is a combination of the electrical and concrete work being more expensive than expected. The Mayor and Council were not satisfied with this response, and emphasized the need for detailed information on quantities, costs, and overruns, and which overruns are charged to the City and which to the contractor. In response, Mr. Stadola advised the Council one lump -sum bill will be submitted after completion of the project and will include the requested information. Councilmember Pedlar next raised a question as to why the preliminary estimate included a 10% contingency figure and the bid was submitted with a 5% contingency figure. In response, the Director of Public Works stated a 10% contingency was included in the preliminary estimate to cover the costs of bonding and insurance which were not available at the time the estimate was prepared. The 5% contingency in the bid is a standard inclusion to cover any unanticipated costs that may be incurred due to unforeseen circumstances during the construction process. Councilmember Pedlar stated bonding, insurance, and licensing should without question be included in the preliminary estimate as they are a given, and not as a contingency. In response to Councilmember Cohen's question as to when the contractor can begin and how long the construction will take, Mr. Stadola stated the contract can begin work once the 10/21/91 - 12- i contract is signed. The concrete can be completed this fall, with a final completion date estimated to be the first part of June, 1992. Councilmember Cohen next questioned the engineers as to the risk of the existing lift station collapsing in its current condition. Mr. Stadola stated the structure will hold together through the construction period so that this is not a factor which might require immediate award of the contract. RESOLUTION NO. 91 -254 Member Jerry Pedlar introduced the following resolution and moved its adoption contingent upon: 1) receipt of the fully executed paper work from the Suburban Hennepin Regional Park District; and 2 the engineers and staff presenting the Council with a breakdown of the project costs itemizing and justifying the differences between the preliminary estimate and the low bid: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF NEW LIFT STATION NO. 2, IMPROVEMENT PROJECT NO. 1990 -05, CONTRACT 1991 -P The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen, and the motion passed unanimously. CounciImember Scott expressed thanks and appreciation to the Council for getting this project moving, and stated the problems experienced with the existing lift station have been a great concern to both the City and residents. CounciImember Cohen thanked CounciImember Pedlar for raising some good concerns regarding estimates and bids. RESOLUTION APPROVING AGREEMENT WITH METROPOLITAN WASTE CONTROL COMMISSION FOR COST PARTICIPATION IN LIFT STATION NO. 2 IMPROVEMENT PROJECT NO 1990 -05 The City Manager presented a Resolution Approving Agreement with Metropolitan Waste Control Commission (MWCC) for Cost Participation in Lift Station No. 2, Improvement Project No. 1990 -05, in conjunction with the replacement of lift station no. 2. The total dollar amount of the cost participation by the MWCC will be determined after the contractor submits a schedule of values for the construction specific to the meter station. The City Engineer's estimate is $50,000; the MWCC has pre- approved an amount of $60,000. 10/21/91 _ 13 - RESOLUTION NO 91 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH METROPOLITAN WASTE CONTROL COMMISSION FOR COST PARTICIPATION IN LIFT STATION NO. 2, IMPROVEMENT PROJECT NO. 1990 -05 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosen, and the motion passed unanimously. R ECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9 :25 p.m. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 91018 SUBMITTED BY PDO FOOD STORES INC The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 91018 Submitted by PDQ Food Stores, Inc., noting that following Council's extensive review and deliberation of this application at its October 7, 1991, meeting, staff, as directed, prepared a resolution denying this application on grounds that the standards for special use permit are not met. The Director of Planning and Inspection reported that the staff met with representatives from PDQ today at 10 a.m. at which time a Ietter and sketch of a revised site plan were presented to staff for consideration. Included in the letter, was a proposal to move the proposed northern driveway along the frontage road ten feet to the south contingent upon approval of the revised site plan. The revised site plan also relocated the detached car wash to the north of the site and shifted the gasoline pumps and convenience store further to the south. In view of the continued divergence with regard to relocating the driveway, the Director of Planning and Inspection recommended the Council consider adopting the resolution denying the application on the ground that the standards for special use permit are not met. He explained that staff strongly believes, as does MN/DOT, that the northerly driveway be no closer to 66th Avenue North than the existing driveway servicing Atkins Mechanical site. The Mayor invited Jim Merila, Merila and Associates, the engineering firm representing PDQ Food Stores, Inc., to appear before the Council. Mr. Merila began his address by pointing out PDQ felt they have been very cooperative in developing an acceptable plan. He added PDQ's major concern is exposure equal to that of SuperAmerica across T.H. 252. Mr. Merila reviewed the following revisions PDQ has conceded to: 1. Providing access from the east property line which intersects 66th Avenue at the median break. 2. The City's request regarding utilities. 10/21/91 -14- 3. Shifting the north driveway on the frontage road to the south beyond the City requirements. 4. Additional landscaping. 5. A masonry screening fence. 6. Painting the backside of the drop lens on the canopy light Mures which face the residents to the east. 7. Relocating the PDQ emblem from the gas canopy to the building facia. 8. Constructing all-brick . buildin g g 9. Installing directional signage on site for traffic control. Mr. Merila summarized PDQ's position by stating all the criteria have now been met and again asked for equal treatment as given to SuperAmerica. The Public Works Director reminded the Council and representatives from PDQ that relocating the driveway as far to the south from 66th Avenue North as possible is a matter of public safety, and staff felt very strongly on the recommendation to move the driveway 25' to the south rather than the 10' to which PDQ has agreed. The Director of Planning and Inspection also reminded the Council a comparison of the canopy lighting cannot be made as the lighting at SuperAmerica exceeds that which is on file and was approved b the C The City is curren taken Y tY ty y g action to correct this violation. Councilmember Cohen asked Jim Shelton, President of PDQ, to comment on the entrance conforming to City ordinances. Mr. Shelton responded that the driveway is well within the 40' required in section 35 -414, subd. 4 of the City ordinances. Councilmember Cohen expressed dismay in PDQ's manner of submitting a letter and sketch of a revised site plan to the staff for consideration the same day as the Council meeting. The Council had tabled the application two weeks ago in order to give PDQ an opportunity to work with staff, and by submitting it today provided little time for staff and no time for Council to review it prior to the meeting. Consequently, the resolution currently before the Council for consideration may now be inaccurate because of additional revisions /concessions in PDQ's letter dated October 21, 1991. Councilmember Cohen reminded the Council that whenever Council action subjects the City to litigation, every measure must be taken to ensure the Council has clearly and thoroughly addressed and defined each and every issue. The City Attorney asked the representatives from PDQ if they were requesting the Council to again table the matter for two weeks in consideration of the October 21, 1991, letter and revised site plan. In response, Mr. Shelton indicated tabling the matter for two weeks would be acceptable to PDQ. 10/21/91 15 The City Manager summarized the Council's two options: 1) to reject the revised site plan and adopt the resolution as written; or 2) to resubmit the revised site plan to the Planning Commission for review and recommendation. Following a brief discussion regarding possibly resubmitting the revised site plan to the Planning Commission, Councilmernber Cohen stated applications should be brought before the Council for consideration and approval only after having been reviewed by the Planning Commission. Councilmember Pedlar reminded the Council and staff the affected residents in the site plan area were expecting the Council to deny the application on October 21, 1991; and if in fact consideration of a revised plan is going to be given, those residents need to be advised accordingly. Councilmember Pedlar then raised for discussion the potential for increased crime at this site and reviewed the statistics on the numbers and types of police calls made to SuperAmerica. The police records reported 191 calls from October 1990 to October 1991, or approximately 16 per month, several of which were assault and theft. He summarized his position on the proposal by expressing great respect and support to Mr. Atkins; and stated he, however, cannot support this type of development at this site. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff to review the most recent submissions of the applicant and to report back to the Council with a resolution outlining their recommendations. The motion passed unanimously. DISCUSSION ITEM TOBACCO FREE POLICY The Personnel Coordinator presented and reviewed a tobacco free policy for Council's consideration. The tobacco free policy was recommended by the Employee Safety Committee in response to an employee concern regarding the hazards of second -hand smoke in City facilities. The Employee Safety Committee drafted a policy, but recommended obtaining employee input. In response, the City Manager appointed a nine- member ad hoc committee, of which the Personnel Coordinator was chair, to review the policy. Representation was obtained from all City facilities as well as from tobacco users and nonusers. In addition, employees were surveyed on their views related to tobacco use in the work place. The returned surveys indicated approximately 20% of City employees currently use tobacco products. The ad hoc committee recommended approval of the Employee Safety Committee's proposed tobacco free policy with some changes and also developed an implementation plan. 10/21/91 -16- The purpose of the policy is to create a safe, clean and healthy environment. The policy prohibits the use of any tobacco product in all buildings and vehicles owned or Ieased by the City, and applies to all employees as well as members of the public while in City facilities. The proposed implementation plan includes employee information meetings to convey the policy to all supervisors and employees and to rovide information to tobacco P users on options of available cessation programs. The American Lung Association will provide assistance in presenting these meetings, at an approximate cost of $300. The policy also includes a reimbursement program in which the City reimburses up to $100 per employee for the cost of participating in cessation programs. The one -time anticipated expense of this reimbursement program is approximately $5,000 and can be absorbed in the 1991 and 1992 City Manager's office's budget for professional services. Employees would have one year in which to take advantage of this offer. "Tobacco Free Environment" signs will be posted at entrances to all City facilities. Councilmember Pedlar applauded the efforts of staff in dealing with a difficult and sensitive issue, and noted the designated smoking areas outside of the buildings will be beneficial in preventing smokers from moving to unsafe areas in which to smoke, and minimizing the amount of smoking debris on City grounds. He also noted a tobacco free environment promotes better productivity and healthier employees in the work place. In response to Councilmember Pedlar's u q estton as to whether the Employee Safety Committee had considered a gradual step -down implementation plan, the Personnel Coordinator indicated employees have known the policy has been in the making for quite some time now and have had time to prepare themselves. Councilmember Scott felt the City needed to take a leading role in creating a more healthy environment in which to work and expressed support for the policy. The Mayor raised a discussion on employee options for cessation assistance. The City Manager indicated information on smoking cessation programs will be made available to all tobacco users. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the tobacco free policy and implementation funding with an effective date of February 1, 1992. The motion passed unanimously. VIDEO DISPLAY TERMINAL (VDT) EYEWEAR PURCHASE POLICY The Personnel Coordinator presented and reviewed avideo display terminal (VDT) eyewear purchase policy for Council's consideration. This policy also is at the recommendation of the Employee Safety Committee. The purpose is to prevent and reduce problems related to eye fatigue and eye strain due to prolonged use of microcomputers or terminals. The 10/21/91 -17- policy proposes the City pay for fifty percent of an employee's special eyewear package which now ranges from $60 to $120. About 42 employees would be eligible far the program. The maximum cost to the City is approximately $2,500. Although it is an ongoing expense, the majority would be incurred during the first year of the program. The Council briefly discussed implementation of this policy and noted an added benefit should be a reduction in the number of workers compensation claims of eye problems incurred with the use of video display terminals. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the video display terminal eye wear purchase P Y case olic and d' Y funding in the 1992 budget P P Y S g with an effective date of January 1, 1992. The motion passed unanimously. AMERICAN DISABILITIES ACT In response to Councilmember Pedlar's request for an update on consideration of the American Disabilities Act (ADA), the City Manager said staff has studied and is presently working on obtaining the standards. STREET MAINTENANCE AND IMPROVEMENT POLICIES The City Manager presented proposed street maintenance and improvement policies and advised the Council he and the Director of Public Works had been working on a plan to get some of the City streets rebuilt. The Director of Public Works advised the Council the City f Brooklyn Center ty yn Ce to is respons ;ble for the construction and maintenance of 105 miles of streets which are under its jurisdiction. Of these streets, 21 miles are classified Municipal State Aid streets and 84 miles are classified as Iocal streets. The high level of street maintenance the City has provided in the past is becoming more and more difficult as costs continue to increase. The street maintenance program includes the patching and repair of chuckholes, cracking, settlement and rough edges as they manifest. Total costs for this level of maintenance are currently estimated at $650,000 per year. The average street in Brooklyn Center is approximately 30 years old and has not had a major upgrade since construction. In addition, the lack of curbs and gutters creates an unkempt appearance, hastens deterioration of the street, and increases maintenance costs. The Director of Public Works further reviewed a report prepared in response to the ongoing decline in the City's ability to maintain an acceptable level of street maintenance service. In addition to providing an overview of the subject matter, the report discussed costs and potential sources of financing, and recommended development of a program based on citizen participation in and the development of a technical pavement management system (PMS). The Director of Public Works reviewed each of the following existing and potential funding sources: special assessments; general obligation bonds; infrastructure replacement reserve 10/21191 _ 18- fund; local Municipal State Aid Accounts 2600 and 2611; storm drainage utility funds; CDBG funds; utility franchise fees; and transportation utility funds. The Director of Public Works reviewed the proposed technical pavement management system (PMS) which is a software program included in the 1992 data processing department's budget request. The program will: fine tune the City's sealcoating program by better forecasting which street segments will benefit and which can wait• r documented basis for deciding whether to continue to repair a street segment or to reconstruct it; and maintain inventories of trees, roads, sidewalks, trails, bridges, etc. In addition, it will be integrated into the total public works information management system P g which will include automated mapping, a public utilities management system, a vehicle management system and other MIS applications. In summary, the PMS system will assure the City's ability to develop the most cost effective, long -term street maintenance program, document the needs, and provide a sound basis for development of a street improvement program. It will take one to three years to fully implement the system. The Director of Public Works advised the Council the street reconstruction program includes three types of improvements, and will cost between $200,000 and $500,000 per mile depending on the type of improvements needed. Type I, estimated to be approximately 40% of the streets, includes the installation of curb and gutter, minor drainage ad patching and overlay, and will cost approximately $200,000 per mile. Type II, estimated to be approximately 30% of the streets, includes the installation of curbs and gutters, minor drainage adjustments, patching, overlay, and minor regrading, and will cost approximately $300,000 per mile. Type III, estimated to be approximately 30% of the streets, includes complete reconstruction, and will cost between $400,000 and $500,000 per mile. The cost to reconstruct all 81 miles of non -MSAS streets in the City will be $25 to $30 million, and does not include the cost of related utility improvements. The Director of Public Works discussed the City's approach of reconstructing those streets which are in the poorest physical /structural condition first. The first area to be selected would be the residential streets west of Brooklyn oulevard and north of 69th Avenue. enue However, recognizing the Maxfield Housing Market Study recommended beginning with curbs and gutters in the southeast neighborhoods to strengthen the appeal of the neighborhood, staff also recommended priority consideration of a program within a selected segment of the southeast neighborhood. The northwest streets are basically Type III; the southeast streets are basically Types I and II. The Council and staff discussed the different aspects of the Director of Public Works' report. In response to the Mayor's question as to what 1992 would entail, the Director of Public Works said in addition to organizing the program for implementation in 1992, possibly the first 1 -1/2 miles of street could be reconstructed. Councilmember Cohen raised a discussion on the importance of aggressively pursuing all possible avenues of strong financial resources to cover the cost of the program. In addition, 10/21/91 _19- he felt the City needs to determine what residents feel will be a fair amount to be assessed for curbs and gutters and street reconstruction. He recognized that the deferment of special assessments for street reconstruction is not now permitted. If the City wishes to provide for such deferments, it may need to obtain special legislation and to create a special fund to cover the costs of such deferments. In response to Councilmember Pedlar's question as to how long the streets will last, the Director of Public Works said the curbs and gutters should last 40 years, as should the streets with regular overlay and sealcoating. In view of the response, Councilmember Pedlar indicated he would like to see a reconstruction /cost program that would address the next 40 years. Councilmember Scott advised the Council and staff she supports the program and would like to see it get started as soon as possible. She suggested the first street to be reconstructed under the program be a highly visible street in the southeast neighborhood to reflect the aesthetic enhancement and generate resident enthusiasm of the program. The Director of Public Works asked the Council for direction on citizen involvement in the program to assure public support, possibly through the Earle Brown Neighborhood Advisory Committee and /or the Financial Task Force. The Mayor raised a discussion on promotional information formulating improvement proposals, costs, and financing options. Councilmember Cohen suggested that such a package be tested in one select area to ascertain effectiveness and resident response. Councilmember Scott suggested information on the proposed improvements along with the best financial alternatives to covering the cost be relayed through the local newspapers inviting residents to an open forum to determine citizen interest and response. The City Manager advised the Council he would like the Financial Task Force to review the staff report on the program after the budget process is completed. In response to Councilmember Pedlar's question as to how to deal with residents on streets that "need" to be done versus residents on streets that "want" to be done, the Director of Pubic Works concluded the discussion of the street maintenance and improvement program by emphasizing an effective program would be a combination of a sound pavement management system and citizen participation. RESOLUTION REGARDING BIDS FOR COMMUNITY WATER SLIDE IMPROVEMENT PROJECT NO. 1990 -24 CONTRACT 1991 -R The City Manager presented an update on the bids for community water slide improvement project No. 1990 -24, contract 1991 -R. The Director of Public Works reviewed the current status regarding bids for community water slide improvement project No. 1990 -24, contract 1991 -R. 10/21/91 -20- The Council and staff discussed the differences between the architect's $182,500 preliminary estimate of the project and the two bids which were received in the amounts of $254,300 from Alltech Engineering Corp. and $255,300 from Sheehy Construction Co. The Director of Public Works identified the following major factors in the overrun: 1. The project was designed to be a permanent structure with very low maintenance costs and to compliment the existing design and architecture of the swimming pool and Community Center. The design features included a custom built concrete stairway to the top of the water slide, a custom built concrete bridge over the end of the water slide, ceramic tile on the stair treads for both the stairway and bridge, custom built railings on the stairway and bridge, no exposed piping on the deck surface, as well as other enhancements to the function and appearance of the water slide. 2. Development of the plans and specifications was done on a fast -track basis which did not allow for detailed discussions between the architect and prospective contractors, nor between the architect and City staff. 3. In addition to the advertisement for bids, copies of the bid notice were mailed to 15 contractors whom the architects felt would be capable of doing this project, and there was more than ample time for contractors to prepare bids; however, only four general contractors obtained copies of the plan and specifications and only two responded with bids. The Director of Public Works further reviewed possible substantial revisions to the plans and specifications which would bring the project costs back down to the established budgeted amount of $182,500. 1. Use of a prefabricated steel bridge with fiberglass stair treads and standard pipe railing rather than the custom bunt concrete bridge. Estimated cost savings would be $20,000 to $25,000. 2. Use of a steel stairway with fiberglass stair treads and landings and standard pipe railings rather than the custom built concrete stairway with ceramic tile treads and custom build railings. Estimated cost savings would be $28,00 to $33,000. 3. Revision of plumbing system and pump room design for an estimated cost savings of $5,000 to $7,000. 4. Allow contractor to use spread footings rather than concrete filled steel caissons for an estimated cost savings of $5,000 to $7,000. 10/21/91 -21- The Director of Public Works advised the Council the architect and staff felt such revisions would provide a water slide just as functional and acceptable as the original design. The differences would be in the appearance of the slide; the maintenance costs of the steel bridge and stairway would be higher than for concrete structures; and the pre - fabricated steel bridge and stairway would have more posts extending down to the pool deck and steel bracing, resulting in somewhat more interference with the use of the pool deck spaces. He added if steel structures are used, rather than concrete, a very high quality paint system will be used to keep maintenance costs as low as possible. He further added a possible advantage to the steel structure would be the ease with which it could be changed or removed if need be at a later date. The Director of Public Works presented the four options for the Council's consideration: 1. Accept the low bid received and award the contract in accordance with that bid. 2. Award contract to the lower bidder, but negotiate a change order to reduce the costs. 3. Reject the current bids, authorize the architect to revise plans and specifications in accordance with the alternative designs outlined above, and advertise for new bids. 4. Reject all bids and terminate consideration of the installation of a water slide. The Director of Public Works and City Manager recommended the Council consider option 3 to reject all bids, revise the plan and specifications, and advertise for new bids. The recommendation is based on the considerations provided, the current budget crunch, and with the prevailing goal of serving the community's needs. The Director of Public Works reported staff estimated construction could start in early February 1992 and would take approximately two full months to complete. An April 1, 1992, re- opening of the pool would provide opportune time to promote the water slide prior to the seasonal openings of the outdoor swimming pools. The Council and staff discussed the recommendation and compared long -term maintenance costs of the revised design to the initial costs of the original design. In response to Councilmember Pedlar's question as to the payback on the project, the Finance Director stated the payback would be two to five years on the revised design and approximately five years on the original design. Councilmember Pedlar suggested, and the Council and staff concurred, the City rebid the original plan and specifications as well as option 3. 10121/91 -22- RESOLUTION NO 91-256 Member Jerry Pedlar introduced the following resolution and moved its adoption pending an amendment to include direction to rebid the original plan and specifications as well as option 3: RESOLUTION REGARDING BIDS FOR COMMUNITY WATER SLIDE IMPROVEMENT PROJECT NO. 1990 -24, CONTRACT 1991 -R The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Mayor reported to the Council the Recreation Director and staff had worked out an arrangement whereby lengthwise lap swimming lanes will be available to lap swimmers at all times. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1991 -23 SEWER REPLACEMENT AT BROOKLYN DRIVE APPROVING PLANS AND SPECIFICATIONS AND DIREC ADVERTISEMENT FOR BIDS The Mayor summarized the Council's earlier review and discussion of staff reports covering both the need and plans for this particular sewer replacement project. RESOLUTION NO. 91 -257 Member Phil Cohen introduced the following resolution and moved its adoption; RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1991 -23, SEWER REPLACEMENT AT BROOKLYN DRIVE, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PRESENTATION OF PROPOSED 1992 CITY MANAGER'S BUDGET The City Manager advised the Council the presentation of his proposed 1992 budget had been removed from the October 21, 1991, agenda, and would be included on a future agenda. REQUESTS FROM COUNCILMEMBER COHEN Councflmember Cohen requested staff consider establishing a policy that Planning Commission applications be brought before the Council for consideration and approval only after having been reviewed by the Planning Commission. Such a policy would restrict applicants from bringing last - minute revised /modified proposals directly to the Council for consideration. 10/21/91 -23- Councilmember Cohen also requested the Council consider establishing a parameter for its regular sessions to provide for a reasonable adjournment time. LABOR NEGOTIATION WORK SESSION There was a motion by Mayor Paulson and seconded by Councilmember Cohen to schedule a labor negotiation work session immediately following adjournment of the October 21, 1991, Economic Development Authority meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:01 a.m. (October 22). Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Peggy McNabb Northern Counties Secretarial Service I 10/21/91 -24- CORRECTION Chairperson Malecki asked the applicant whether they had anything new to add. Mr. Jim Merila, an engineer representing PDQ stated that they had nothing to add, that they did not agree with the resolution but would not contest it at this point. Chairperson Malecki noted that the public hearing was closed, but acknowledged a question from Mr. Rod Snyder of 6408 Willow Lane. Mr. Snyder stated that he appreciated the resolution and the staff input into the Commission's deliberations. He stated that he would feel more comfortable with point number (4) if it made reference to distance between the proposed service station site and the residential area along Willow Lane as compared to the distance from Superamerica to that residential area. He stated that the land would eventually be developed and that some sort of commercial use will come close to residential property. Chairperson Malecki noted that the public hearing had been closed and asked the Commission for a motion on the draft resolution. ACTION ADOPTING PLANNING COMMISSION RESOLUTION NO. 91 -5 REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 91018 SUBMITTED BY PDO FOOD STORES, INC. Member Ella Sander introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION 91018 SUBMITTED BY PDO FOOD STORES, INC The motion for the foregoing resolution was duly seconded by member Lowell Ainas and upon vote being taken thereon, the following voted in favor thereof: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Mann and Holmes. The following voted against the same: none, whereupon said resolution was declared duly passed and adopted. OTHER BUSINESS A) Ordinance Amendment on Detached Car Washes The Secretary then introduced the next item of business, a draft ordinance amendment to allow detached car washes at service station sites. He reviewed the direction by the Planning Commission to prepare the ordinance amendment and also reviewed the ordinance language. The Secretary added that this section of the ordinance also has to do with outside display at service stations and stated that the Planning Commission may wish to discuss that aspect of the ordinance as well. He noted some concerns with outside display such as height of display and whether it should be restricted to a certain portion of the building. He noted that the ordinance limits display to the area within four feet of the building. Commissioner Ainas pointed out that there are four communities in the Twin Cities area which actually require a detached car wash and that a variance is needed in those communities in order to attach the car wash. 9/26/91 2 MINUTES OF THE PROCEEDINGS OF A JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA OCTOBER 17, 1991 SPECIAL SESSION CITY HALL CALL TO ORDER The City Council and the Planning Commission met in a special joint session and were called to order by Mayor Todd Paulson and Chairperson Molly Malecki at 7:14 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Jerry Pedlar, David Rosene, and Phil Cohen. Chairperson Molly Malecki, Commissioners Sander and Mann. Also present were City Manager Gerald Splinter, Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. The Director of Planning and Inspection noted that Councilmember Scott and Commissioners Bernards and Johnson were unable to attend. Commissioner Holmes arrived at 7:17 p.m. DISCUSSION ITEMS a) Real Estate Signs Director of Planning and Inspection Ronald Warren introduced the subject of real estate signs, particularly space for lease signs, by reviewing the recent history of a variance application that had been submitted by Welsh Companies for some space for lease signs at three of their properties in the City. He noted that the City's ordinance relating to space for lease signs was developed about 10 years ago as a result of another variance and noted that it was difficult to enforce, especially since no permit was required for such signs. He noted that there has been change in personnel in recent years and that the ordinance has not been rigorously enforced. He explained that a letter was sent to building owners and managers in the spring informing them of the ordinance and requiring them to comply. As a result of those compliance letters, a variance application was submitted and a new ordinance was ultimately adopted which has an expiration date of September 20, 1992. The Director of Planning and Inspection stated that staff prefer as simple an ordinance as possible in order for it to be easy to understand and to enforce. The Director of Planning and Inspection then reviewed slides of a number of space for lease signs in Brooklyn Center. There followed a lengthy discussion of the matter of real estate space for lease signs and what the City's objectives were. Councilmember Cohen expressed concern about the aesthetics of some 10 -17 -91 1 of the signs and also the need to define what is a temporary sign. He noted that there is a slow real estate market right now and that there is a lot of vacant space because office space was overbuilt in the early to mid 1980 He expressed concern that there would be more signs for a longer period because of this. Councilmember Cohen stated that it would be appropriate for the City to develop its own set of goals and objectives regarding this subject and to transmit them to the buildin g managers owners and and let them g respond. He stated that it would be important to develop an ordinance that would stand up in court. Councilmember Pedlar stated that there would always be space available in larger buildings and that the signs served to market those buildings to people who are interested in space in Brooklyn Center. He expressed concern that limiting the signs too severely might deter development or redevelopment of certain areas. Councilmember Rosene stated that it is important to define what is temporary. He suggested that perhaps these signs should be allowed only every other year, yet he emphasized a need to be sensitive to business. Councilmember Rosene expressed a preference for a setback for these signs and wondered what the building owners and managers would say if the City laid the issue in their laps and told them of the City's - concerns. Mayor Paulson wondered whether it was appropriate to change the ordinance at all. He stated that the City had a good sign policy and that sign policies should be made by the Planning Commission and City Council. He expressed reservations about policy changes being pushed by advocates and wondered whether any change was really needed. He also stated that he did not think office space was as available as represented. The Mayor also expressed concern about the amount of staff time and time by the Planning Commission and City Council that would be needed to address this issue, which he felt was fairly marginal. He expressed a concern that such meetings address larger issues relating to the City's goals and objectives. Chairperson Malecki, referring to the number of signs shown in the slide presentation, stated that if people saw that many signs in a residential neighborhood, they would think something was wrong with the neighborhood. She expressed an interest in a time limit for such signs. Commissioner Sander stated that what bothered her was the lack of consistency with the placement and size of signs. She stated that residential real estate signs are all pretty much the same. Commissioner Mann expressed support for a permit process with a time limit on such signs. The Planner pointed out some of the administrative difficulties with time limits and sizes of signs. He noted that sign contractors have a difficult enough time reading sign ordinances and that they get permits. He expressed skepticism that realtors who put up real estate signs would be familiar enough with the 10 -17 -91 2 ordinance to observe anything that was very complex. The City Manager pointed out that the more complex the ordinance, the more likely it would require a permit process. He stated that the City had to balance the need for ease of enforcement with other goals regarding aesthetics and necessary visual communication. The Director of Planning and Inspection answered many questions throughout this discussion. He noted that there was a greater preference for freestanding signs except with tall buildings where greater visibility is obtained by putting it on the wall. He stated that it is difficult to regulate aesthetics. He noted that flashing signs are prohibited, but that he was not aware of other ordinances that regulate colors, etc. The Director of Planning and Inspection asked for more input on this subject and noted that representatives of the building owners and managers would certainly have their input into the process as well. b) Major Thoroughfare Setback The Director of Planning and Inspection then introduced the subject of major thoroughfare setbacks particularly as it relates to commercial buildings along Brooklyn Boulevard. He noted that Brooklyn Boulevard would see more development and redevelopment in the future and that the lack of depth of the lots along Brooklyn Boulevard can make redevelopment difficult. He stated that loosening the setback requirement might facilitate some redevelopment. He stated that this could be done through a Planned Unit Development or through an ordinance amendment. The City Manager pointed out that by putting the building back 50' from the right -of -way line, the activity is put closer to a residential area behind. He suggested that it might be more appropriate to put parking area closer to the residential area. He stated that this issue was easier to address before an application is submitted. He stated that there is some logic to putting parking behind the building. Regarding the abutment of gas stations adjacent to residential, the City Manager stated that there may be a way to buffer such uses and to allow the abutment. Councilmember Cohen offered some historical perspective on these ordinances. He stated that the Comprehensive Plan has been in effect for many years and that market forces have led development to go where it is easier, namely to vacant land up in Brooklyn Park. He stated that there may be a need to create a special zoning district on Brooklyn Boulevard to facilitate redevelopment. The City Manager stated that a special district could be used or a Planned Unit Development. He stated that the City may also have to look at more retail development along Brooklyn Boulevard than the Plan presently calls for. The Director of Planning and Inspection stated that he was not proposing that there be no standard, but that the City possibly look at a normal setback for commercial development instead of the extraordinary major thoroughfare setback. He stated that the rationale for extraordinary setbacks along major thoroughfares is to protect residences from noise and 10 -17 -91 3 traffic, etc. He asked whether the same concern really held true for commercial development along major thoroughfares. He added, however, that there may be an effect on the movement of traffic along a major thoroughfare if the buildings were allowed to be closer. Chairperson Malecki asked whether development was 50' from the right -of -way now. The Director of Planning and Inspection responded that it was not at 69th and Brooklyn Boulevard. Councilmember Rosene suggested that the matter be considered further. Councilmember Cohen stated that the City has been waiting 25 years for redevelopment along Brooklyn Boulevard and that it hasn't happened. He stated that the Planning Commission should look at this area and consider the possibility of revising ordinances to facilitate it. Mayor Paulson urged a long term look and referred to the example of Burnsville. The City Manager explained that Burnsville had completed a redevelopment along one of its major thoroughfares in which it tried to lead the redevelopment, not just react to it. c) Ordinance Prohibiting Abutment of Gas Stations and R1, R2 and R3 Zoning Districts The Director of Planning and Inspection then introduced a similar subject relating to redevelopment along Brooklyn Boulevard, namely the prohibition in the Zoning ordinance of gas stations abutting R1, R2 and R3 zoned property. He pointed out that the ordinance flatly prohibited such an abutment and that there are no standards to evaluate for a possible abutment. He asked the Council and Commission whether the City wanted to be that absolute in its approach. He stated that it has caused some difficulties with some redevelopment prospects. Commissioner Holmes asked whether the gas stations at 69th and Brooklyn Boulevard were grandfathered. The Director of Planning and Inspection responded in the affirmative. The City Manager explained that the Superamerica at 57th and Logan was the original cause of the ordinance now in effect. He stated that this ordinance may stymie redevelopment in certain locations along Brooklyn Boulevard. He stated that the City would get an application in the near future and that it should look at the issue ahead of time. He asked for direction from the Council and Commission. Councilmember Pedlar asked what would happen if the City stuck with the existing ordinance. The City Manager stated that the City would be limiting its redevelopment options somewhat on busier intersections where gasoline /food stores wish to locate. He pointed out that convenience stores almost always sell gas now and that they, therefore, cannot abut R1, R2, or R3 zoned property. The Director of Planning and Inspection pointed out that changing the rules would not necessarily bring about redevelopment, that it Y g P , would still be necessary to remove houses and find an economically viable use for the land. In response to Councilmember Pedlar, the Director of Planning and Inspection stated that if the City relied on the special use � 10 -17 -91 4 I standards, it would be tougher to deny a service station use. He stated that the outright prohibition of such uses to abut R1, R2 and R3 zoned property is the cleanest way to control them. He stated that if the City feels that there are other ways to deal with the abutment of these uses, it might open up some redevelopment possibilities. Councilmember Cohen stated that opportunity is fine, but that it doesn't always solve the problem. He stated that if an abutment of these uses was part of a package which would accomplish redevelopment of a block along Brooklyn Boulevard, it might be worth looking at. He stated that creating buffers might be acceptable if it leads to a comprehensive redevelopment. He concluded that hanging with principles has not accomplished anything for redevelopment along Brooklyn Boulevard. Mayor Paulson stated that he did not know whether the City would accomplish anything if it opened up the opportunity for these uses to abut each other. He stated that the City might simply be setting up a conflict between neighbors and service stations. He stated that it would be appropriate to develop a plan and to involve the neighbors in looking at that plan for resolution of these issues. The City Manager stated that if the Planning Commission and City Council say no to abutment of service stations and single family residential, that gives direction to the staff. On the other hand, he stated, if the ordinance is loosened up, it would open up possibilities for redevelopment. He suggested considering looking at a development zone along Brooklyn Boulevard. He stated that it would be appropriate to work from a set of standards first and then to implementation. Mr. Janis Blumentals, an architect concerned with these issues, stated that there was a need for a master plan from the City, that it should not be too specific, but that it should provide some guidance. He suggested that a Planned Unit Development might be created by establishing a district and a redevelopment plan which could be effectuated by private parties in the future. The City Manager stated that it was important to develop a plan earlier and work with the neighbors so that they are not surprised at a public hearing. The Director of Planning and Inspection stated that a master plan can be developed, but that somebody has to control the land and make the redevelopment happen. Otherwise, the City would just be looking at one parcel at a time. Mr. Dave Nelson, a local developer, stated that the City could set up a development district as has been done in Brooklyn Park. The Director of Planning and Inspection suggested that could be done under the Planned Unit Development ordinance. Mr. Blumentals stated that a master plan could be broad in scope, but establish some ground rules for future development. He asked for the City to tell them what it wanted. The Director of Planning and Inspection stated that that has been communicated, though the private parties may not like it. 10 -17 -91 5 ti The City Manager stated that if the City gives up an abutment restriction, it should know what it is going to get. He stated that the Maxfield Study carries some weight on these redevelopment issues, but that the Comprehensive Plan carries weight as well. He stated that the City has to decide what it wants. Councilmember Pedlar stated that it was important to look at these issues on a case by case basis. The City Manager stated that there would be risk in approaching these issues and urged the City Council and Planning Commission to be anticipatory. Councilmember Cohen stated that it was cheaper to go where there is vacant land and that redevelopment is costly. He noted that there are few corner gas stations and repair shops and that there is actually a consumer need for this type of business. He noted that property on Brooklyn Boulevard is deteriorating and that the City should put efforts into Brooklyn Boulevard to keep it from going downhill. He stated that the City could not afford to condemn all the land along Brooklyn Boulevard and that it would have to use zoning to try to facilitate redevelopment. He expressed a willingness to look at zoning provisions relative to redevelopment. Mayor Paulson stated people are waiting to see what the City is going to do with the redevelopment issue along Brooklyn Boulevard. Councilmember Rosene stated he was in favor of opening up to all the opportunities the City could. He added that the City has four school districts and a number of physical barriers that stand in the way of a sense of community. He urged that when Brooklyn Boulevard is redeveloped, that a sense of cohesion be sought. There followed a brief discussion of service stations. Chairperson Malecki stated that there was a difference between a gas station and a service station where cars are repaired. Councilmember Pedlar stated 24 hour operations are not compatible with residential neighborhoods. Councilmember Cohen noted that repair garages do not operate late into the night and suggested that the City look at the hours of operation when stations are adjacent to residential. Chairperson Malecki asked whether anybody was absolutely opposed to a change in the ordinance. Mayor Paulson stated that he was opposed to a change unless the City knows what it is going to get. d) R7 Property South of the Library The Director of Planning and Inspection then brought up the final discussion item, the R7 property south of the library. He noted that the Maxfield Study recommends a change in the zoning of this property and states that there is no market for multiple family residential at this time. He noted the study stated that commercial /retail would be better for this area from a market standpoint. He noted that the staff has been contacted in the past by people interested in commercial development and the staff has indicated that the R7 zoning is appropriate or that possibly C1 or 10 -17 -91 6 i C1A zoning would be acceptable. He noted there is no market for these developments now, though there is apparently a market for retail development. The City Manager noted the City would get a request to rezone the property in the near future. He stated a traffic analysis of the area indicates that retail would fit in this area whereas, if the properties were developed R7 or C1, the City would have to wait. The Director of Planning and Inspection stated staff has looked at this area as a transitional area between the park to the west and the commercial area to the east. He stated Shingle Creek Parkway tends to divide the less intense uses from the more intense uses. The City Manager stated the Hennepin County Government Center is a busy retail type public use and the Earle Brown Common High Rise was built 3 years ago. Councilmember Pedlar stated the City should perhaps look at a commercial rezoning. The City Manager stated commercial uses in this area would not be a big problem if those uses were lower traffic generating and the City does not really need more multiple family development at this time. Councilmember Pedlar added the City did not really need more office space either. He suggested looking at the opportunities. The Director of Planning and Inspection pointed out that back in the 1960 the opportunity was multiple family development. He stated it isn't always bad to set land aside for future use, be it multiple family or office, and wait for the demand to come along. Councilmember Cohen stated the City has sat on this zoning for a long time. He stated it was planned originally for an elderly high rise, but that there is no demand for that kind of development now. He stated if someone brings in a plan, the City should look at it. Councilmember Pedlar stated that in 30 years things get old and that if an opportunity comes along, the City needs to look at it. ADJOURNMENT Motion by Councilmember Rosene to adjourn the joint meeting of the Planning Commission and City Council. The motion passed unanimously. The meeting adjourned at 9:51 p.m. Mayor Todd Paulson Planning Commission chairperson 10 -17 -91 7 CITY OF BROOKLYN CENTER council Meeting Date Agenda Rom Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 91018 - PDQ Food Stores, Inc ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. AP OVAL: RONALD A. WARREW DIRECTOR OF PLANNING AND INSPEC 0 MANAGER'S REVIEW/RECOMMENDATION:2 No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The City Council last considered Planning Commission Application No. 91018 submitted by PDQ Food Stores Inc. on October 21 1991 at which time a resolution denying this > Y g application on the grounds that the standards se fors special permits contained in the Zoning P Ordinance were not met was presented and recommended. Representatives of PDQ presented a revised sketch plan at that meeting in an attempt to meet the concerns which were leading to a denial of this application. The City Council, at the applicants request, tabled further consideration of the application until its November 4, 1991 meeting because the applicant indicated it was willing to make modifications to the plan. The City Council also directed the staff to notify neighboring property owners of its consideration of the resolution of denial or approval of a revised site plan at its November 4, 1991 meeting. Notices of the Council's consideration have been sent. The neighborhood has responded with a petition presented to the Planning and Inspection Department by Mr. Rod Snyder, 6408 Willow Lane, on Wednesday, October 30, 1991. The petition (attached) is signed by over 150 persons and expresses that group's opposition to the PDQ proposal to construct a gas station /convenient store /car wash at the proposed location. • 1 Regarding a revised site plan, a representative of Merila and Associates delivered a revised 40 plan to the Planning and Inspection Department office about midday on Friday, October 25, 1991. The staff including the Director of Public Works, the Director of Planning and Inspection, the City Engineer and the City Planner, met to review the submission on the morning of Monday, October 28, 1991. The revised plan moved the car wash to the north side of the site; shifted the service station /convenience store southerly; showed the north access off the frontage road at the same location as that currently serving the Atkins Mechanical site; and shifted the easterly access to the shared drive to about midway on the site. The revised plan met one of the staff's major design concerns, that being the location of the north access off the frontage road, and the design seemed to lead patrons to the shared access to the east. We noted, however, that the northerly driveway width of 45 feet greatly exceeded the ordinance maximum of 30 feet and the separation of the two accesses off the frontage road did not meet the ordinance minimum of at least 50 feet of separation. We had continued concern regarding site lighting; how the revised plan would affect screening to the east; revised landscaping and whether or not a grading plan could be devised to provide slopes on the site that are acceptable. Following the staff review of the site plan on Monday morning, we faxed the staff comments to Mr. Merila early Monday afternoon. Please see attached memorandum to Jim Merila from the City Planner responding to the submittal and requesting various revisions. To date we have not received the requested response. If a response is received prior to Monday's meeting we will attempt to make a staff recommendation with possible conditions of approval or a revised resolution of denial. 2 October 21, 1991 To: City Council, City of Brooklyn Center Re: Oposition To Special Use Permit Petition by PDQ Stores, Inc. for Southeast quadrant of Highway 252 and 66th Avenue North as Location to construct a gas station /convenience store /car wash Where as, the elected representatives of Brooklyn Center are the community governmental guardians of the general welfare of residents and property owners as outlined under Section 35- 220 - -- Special Use Permits- - - - - "A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safely, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district..... Where as, the development of a 24 hour gas station/convenience store (car wash), as petitioned by PDQ, would not promote or enhance the general welfare(of Brooklyn Center residents); would be detrimental and would endanger the public safety and comfort, would be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and would substantially diminish and impair property values within the neighborhood; and, would impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Where as, Section 35 -220 requires that there be a "demonstration by evidence" that all criteria are met before a special use permit may be granted; Where as, PDQ Stores, Inc. is not currently a community member and is petitioning a special use permit for the sole purpose of a profit making business investment with a demonstrated lack of concern for the existing community neighborhood welfare by failing to direct their petition based upon the above Special Use Permit criteria; Where as, with a 24 hour gas station - convenience store already in their SW quadrant of the 252 -66 intersection, there has been no presented evidence that the neighboring residents need or desire another gas station/convenience store, and there is no desire for a car wash; Where as, the 66th Avenue North -Hwy 252 intersection, having undergone two re- engineerings within the last three years at great tax payer expense, is currently a busy, hazardous, and difficult intersection to egress and enter. It has extremely short 252 entrance lights west to 252, and has a bus stop north just past 66 -252. The area of Willow Lane North to 77th Ave. N is an area nearly isolated dependent upon the 66th Ave. interchange and already experiencing significant traffic delays without traffic that would result from a Twenty four hour service station; Where as, the eighteen southern most Willow Lane river side residential property owners, given the legal and maintenance problems of adjacent R -5 apartments, have already been under a property value depressing situation with low resale values as shown through recently closed sales. These property owners can not afford the value negating effect of a very close proximity 24 hour per day gas station/convenience store such as petitioned by PDQ; Where as, any short range C 2 tax revenue that might be received from PDQ must be weighed by fixture loses from city development costs, loss of taxes from neighboring property value, and increased costs of police maintenance; Where as, the closest R 1 property owners to the petitioned site have only 1/2 the C 2, R 3 and R5 buffering and distancing from the proposed PDQ development as do R 1 property owners compared to the Super America site; Where as, police and media documented disturbances of the peace have occurred with alarming frequency at the 24 hour -a -day south east quadrant Super America , the addition of a similar facility on the petitioned site can be expected to produce additional police patrol responsibilities and a negative impact on the closest residential property owners; Where as, the C 2 property in the SE quadrant of 252 -66th ave. is suitable for a variety of special uses compatible with the close proximity residential property, a 24 hour gas station/ convenience store is not compatible; Where as, owners of prime residential river properties, already given the negative impact of neighboring R 5 residences, would be, with the additional negative addition of a 24 hour gas station/convenience store, disinclined to further improve their properties and more inclined to sell their properties at a loss, resulting in a continuing long range lose of tax revenue; Therefore, be it resolved, that it is in the best interests of existing property owners and the Community that m petition for a 24 hour gas station/convenience station within the SE quadrant of 252 -66 ave. be denied; Be it further resolved that, should the City Council of Brooklyn Center issue a special use permit to PDQ or any other applicant for a similar 24 hour gas station/convenience store on the site in question, they should expect legal action by affected property owners. � r Ck�� 1 l� These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by PDO for Reasons Above Signature Address Phone # Date q1 :" 1 1 G h L��v 1 !n1��{ �t� J •S � �nl ��b:J nI � �S�" �S /!� .�5 G � .'�.�2�1 -�; e G-.j b � � ,,Q� -�� ,C._ I�� _..j' - (;, j •- ..I r�� l� � � .� s / / D (L-- These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by PDO for Reasons Above � Signature Address Phone # Date / , C ' L 5 / G c ( !/ l? - G J 1 J � r n 4 t -.!`C Or �Ic 11 J � G These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by PDQ for Reasons Above Signature Address Phone # Date i - - L �i Util r' l � /Z �2 k, h J r � tS� 5f These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSMON Special Use Petition by PDQ for Reasons Above Signature Address Phone # Date - 3 q j 0 2 e '9 'Z A, 6 ) L 211 /C c z) X X I A G These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by PDQ for Reasons Above Signature Address Phone # Date Lob /6/ z 7 t 3 12- Z, ,I/ 100 f7 - � J ,;- , C 1 0.) 1 C. - 67 Gq - /b -;7- - f b These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by PDO for Reasons Above Signature Address Phone # Date 7I1, Y -,'l f' -, 41 f�%►+ -c_ = 7'Z O Lv c 5C Ss 8 / O Z6 IN 0i I I L 7z K�I S OIL Lill" 1 t Y These signatures of Brooklyn property Center rope owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by PDO for Reasons Above ,- Signatur Address Phone # Date tf'4�a,, ,� �i � `- � � � "I �� c✓ ,., � �l _ � j am/ R 1 l C �" ! Z ��� �j,� ill' ✓ h , it � �c 7c 5 j a A C� �" �, t' /2�2 i 7- o 2 _L & ice, l 7 CL Gk These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by-PDO for Reasons Above Signature Address Phone # Date , i� -�� _ t "a 7 Z ZE b U (0 These signatures of Brooklyn Center property owners are in support the afore attached petition: POSITION OF OPPOSITION Special Use Petition by PDQ for Reasons Above Signature Address Phone # Date �iC7v, ., 'y' J 1 (' , i 1 E P J :� rl �J j'; 4� y %sue - j f ' N bQ _7 4 r I- 3 ,j 0 Q - -- ta_7�— ~� 40' 60' CONVENIEN STORE I 1 n , _1 4' _ 1 t2' i of I MEMORANDUM TO: Jim Merila, Merila and Associates FROM: Gary Shallcross, City Planner Date: October 28, 1991 SUBJECT: PDQ Site Plan Review The following items were noted by City staff in our review of the PDQ plans submitted Friday, October 25, 1991. Please respond to these items with a full set of plans as soon as possible so that a recommendation can be made to the City Council. 1. Maximum driveway width of 30' on all driveways. Minimum separation between driveways of 50 Northerly access on frontage road can be no closer than existing Atkins Mechanical access. 2. Install directional signery on site to direct traffic to exit to east driveway. (There will be a condition making such signery subject to approval by the City Engineer.) 3. Indicate location of masonry wall. Wall must screen headlights pointing east and coming out of east driveway. Provide a screening plan and cross section. Wall must prevent lights from shining into houses across Willow Lane. 4. Recess or shield canopy lamps. Painting lenses is not acceptable. 5. Neon band must be eliminated from canopy. 6. Provide lighting details and photometric plan for freestanding lights. Lighting must be provided on the common access drive. 7. A grading plan and details must be submitted to show that slopes are acceptable. 8. Exterior of the masonry wall must match exterior of the building. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 91018 SUBMITTED BY PDO FOOD STORES, INC. WHEREAS, Planning Commission Application No. 91018 was submitted by PDQ Food Stores, Inc., seeking site and building plan and special use permit approval to build a gas station/ convenience store /car wash at the southwest quadrant of Highway 252 and 66th Avenue North; and WHEREAS, Section 35 -220, Subdivision 2 of the Zoning Ordinance states that a special use permit may be granted by the City Council after demonstration by evidence that all of the five standards for special use permits listed in said section of the ordinance are met; and WHEREAS, the application was considered by the Planning Commission at its September 12, 1991 regular meeting during which a public hearing was held and testimony regarding the request was received; and WHEREAS, the majority of the Planning Commission believed it was necessary to revise the plans submitted by PDQ Food Stores, Inc. as a means of meeting the standards for special use permits; and WHEREAS, the applicant, during the public hearing, indicated it was not willing to revise the site and building plans in accordance with the Planning Commission's recommendations; and WHEREAS, the Planing Commission directed the City staff to prepare a resolution recommending to the City Council the denial of Planning Commission Application No. 91018 on the grounds that the standards for special use permits are not met; and WHEREAS, the Planning Commission at a duly called meeting held on September 26, 1991 adopted Planning Commission Resolution No. 91 -5 recommending the denial of Planning Commission Application No. 91018 submitted by PDQ Food Stores, Inc.; and WHEREAS, the City Council of the City of Brooklyn Center considered said application at a duly called City Council meeting on October 7, 1991; and WHEREAS, the City Council reviewed all of the materials submitted, the record of the Planning Commission's review of this matter, and information supplied and testimony presented by the applicants and their representatives as well as information and testimony presented by other interested parties; and RESOLUTION NO. WHEREAS, the City Council has, furthermore, considered the applicant's proposal in light of the standards for special use permits contained in Section 35 -220, Subdivision 2 of the City's Zoning Ordinance; and WHEREAS, the City Council has determined that it is necessary to revise the plans submitted by PDQ Food Stores, Inc. in the following manner as a means of meeting the five standards for special use permits: 1. Provide an access off of the frontage road no closer to 66th Avenue North than the existing access serving the Atkins Mechanical site. 2. Provide a site design that clearly leads patrons to exit the site via a shared access leading to the existing median opening on 66th Avenue North. 3. Consideration of a site design that might lead to the elimination of some gasoline dispensing pumps which would lead to better circulation on the site. 4. Consideration of only one acces °s point from the frontage road serving this site. 5. Modification to the plans for the canopy to provide recessed lights to avoid light glare to the neighboring property. 6. Elimination of the neon band on the canopy. 7. Modification to the plan to include a minimum 6' high masonry wall to provide appropriate screening of the site to the residential property to the east; and WHEREAS, the City has received a letter from the Minnesota Department of Transportation reviewing the PDQ Plan as it relates to T.H. 252 indicating traffic congestion concerns and the need to keep the first entrance from the frontage road setback from 66th Avenue North as far as possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to deny Planning Commission Application No. 91018 submitted by PDQ Food Stores, Inc. on the grounds that the plans submitted to date do not demonstrate that the standards for special use permit contained in Section 35 -220, Subdivision 2 have been met. Specifically, the City Council finds that the standards are not, or cannot, be met on the basis of the following: RESOLUTION NO. 1. The arrangement of the access drives on the proposed site plan does not lead motorists to exit the site via the joint driveway to the median opening in 66th Avenue North. The result of this arrangement will be for many cars exiting the site onto the frontage road and creating traffic congestion at the intersection of the frontage road and 66th Avenue North immediately east of T. H. 252. This is deemed to pose an unacceptable risk of congestion effecting T. H. 252 and is at variance with standard (d) of Section 35 -220, Subdivision 2 of the City Ordinances. 2. The proposed access design provides an access which is too close to 66th Avenue North. An appropriate access design for this site would have only one access onto the frontage road no closer to 66th Avenue North than the existing access serving the current Atkins Mechanical site. This design also causes an unacceptable risk for traffic congestion at 66th Avenue North and T.H. 252 which is at variance with standard (d) of Section 35 -220 Subdivision 2 of the City Ordinances. 3. The proposed lighting for the' canopy is not properly recessed or shielded and will cause glare beyond the boundaries of the property in a manner inconsistent with the requirements of Section 35- 712 of the City Ordinances and is, therefore, at variance with standard (e) of Section 35 -220, Subdivision 2 of the City Ordinances. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C TY OF BROOKLYN CENTER Council Meeting Date 11/4/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE VACATING ACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT IN EARLE BROWN 1ST ADDITION (SECOND READING) DEPT. APPROVAL: r G Sy Knapp, irector of Public Works MANAGER'S REVIEW /RECOMMENDATION: �/3 �nR No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The plat of EARLE BROWN 1ST ADDITION, recorded in 1980, dedicated drainage and utility easements to the City, along the perimeters of its lots. The owner of Lot 4, Block 1, Mr. Paul Horarik, has requested that the City vacate a portion of the easement adjacent to his easterly lot line. It is his desire to build a garage next to his house, into the area currently dedicated as public easement. The attached figures are provided for reference. As originally platted, there existed a 20 foot wide easement, centered on the common lot line between Lots 4 & 5. The original preliminary plat for this development (dated 1979) identified a low area at the southeast corner of Lot 4, and the 20 foot wide easement was proposed to allow the construction of a storm sewer to drain it. A subsequent grading plan, however, shows a swale created for the same purpose, and field verification indicates that no drainage problems currently exist. It now appears that the "extra- wide" easement was left on the final plat as an oversight. At the request of Mr. Horarik's neighbor to the east, the portion of the drainage and utility easement lying on Lot 5 was vacated by the City for similar reasons in 1983. It is now proposed that the drainage and utility easement westerly of and adjacent to the east line of Lot 4, be effective) reduced in width b vacating y y g the west 5 feet. While we do not foresee the need for future storm sewer construction along this lot line, it is staff's recommendation not to vacate the easement in its entirety. Under normal circumstances, staff doesn't recommend • vacating public easements to allow further development. In this case, however, the width of the easement can be reduced without adversely affecting the public. The homeowner, Mr. Horarik, has commented that his needs would be met with the S foot remaining easement. The private utility companies serving the area have reviewed this request and no objections to the proposed vacation have been received. RECOMMENDED CITY COUNCIL ACTION This ordinance was first read on October 7, 1991, published in the City's official newspaper on October 16, 1991, and is offered this evening for a second reading. i 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 4th day of November 1991 at 7:15 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating A Portion Of A Drainage And Utility Easement in EARLE BROWN 1ST ADDITION. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3350 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT IN EARLE BROWN 1ST ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The ten foot drainage and utility easement along the east line of Lot 4, Block 1 EARLE BROWN 1ST ADDITION Hennepin County Minnesota except the northerly 10 feet the southerly 5 feet and the easterly 5 feet thereof, is hereby vacated Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date f 4 66TH. AVE. N z LLj 65TH. AVE. N. � Q i w { X W 64TH. AVE. N. X EARLE BROWN 1st ADDITION VICINITY 0 200 400 SCALE . r IN FEET o PREPARED BY ULTIMAP SHEET 1 OF 2 66TH. AVE. �o 38.8 I 101 LOT 4 I I �1I � 1 Y I I 1 15 U3 5 BLOCK 1 I � 10 1 I I 75 75 PORTION OF EASEMENT T BE VACATED i 1s 1s EASEMENT VACATION LOT 4, BLOCK 1 EARLE BROWN 1st ADDITION 0 30 60 0 6 - w Wz SCALE IN FEEL C��NG°3 PREPARED BY ULTIMAP SHEE? 2 OF 2 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 4th day of November , 1991 at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 11 regarding Charitable Gambling Regulations in On -Sale Liquor establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING GAMBLING REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 11 -717. GAMBLING REGULATIONS. 2a. Maximum rent that may be charged is [$100 per week.] $700 per month. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Ordinance Amending Chapter 35 of the City's Ordinance to allow detached car washes at service station sites DEPT PPROVAL: RONALD A. WARREN, DIRECTOR OF PLANNING AND INSP T 1 MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report .Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The Planning ommission considered th itl ordinance amendment during its review of a above entitled a 9 9 Planning Commission No. 91018 involving the proposed PDQ gas station /convenience store /car wash. Detached car washes are not permitted under the current ordinance which requires facilities for washing vehicles to be enclosed within the principal building. This provision has been questioned occasionally by developers proposing to build car washes in conjunction with other uses such as gas stations and convenient stores. It has been noted that within the last 10 years detached car wash facilities at service stations have become more popular and have been able to provide more flexibility for better circulation around a site. It has also been noted that in some communities attached car washes to principal buildings have been prohibited and that the only way to build such a facility is through a variance. We believe that the primary reason for our ordinance prohibition against detached car wash facilities has been one of appearance. Being able to provide either an attached or detached facility will provide greater flexibility in designing for good traffic circulation and appropriate stacking. By requiring that the building materials and exterior treatment of a detached facility be of the same level of quality as the principal building should address any concerns regarding the appearance of such a building on the site. The City Council held a first reading on this ordinance amendment on October 7, 1991. It was published in the City's official newspaper on October 16, 1991 and is scheduled for a public hearing at the Council's November 4 meeting. • RECOMMENDATION It is recommended that the City Council, after holding a public hearing, adopt this proposal ordinance amendment which would allow detached car washes at service station sites. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 4th day of November 1991 at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance to allow for a detached car wash at a service station site. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW DETACHED CAR WASHES AT SERVICE STATION SITES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 35 -414. SPECIAL REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS. Automobile service stations pose particular problems in achieving compatibility with abutting and adjacent land uses because of potentially detrimental aspects of their operation. The problem is basically both functional and esthetic involving traffic hazards, noise, light glare at night, outdoor storage of merchandise, poor architectural design, indiscriminate advertising, etc., all of which contribute to less enjoyment and use of and reduction of property values in surrounding properties. It is hereby determined that the general welfare will be better served by minimizing adverse functional and esthetic conditions which may result from operation of automobile service stations and that the use, enjoyment, and improvement of surrounding property will be enhanced by the following requirements: 6. Facilities for chassis and gear lubrication [and for washing] must be enclosed within the principal building. Vehicle washes may be located in a separate building on the site provided that the materials and exterior treatment for the wash building shall be of the same level of quality as for the principal buildings. No merchandise may be displayed for sale outside the principal building except within four feet of the building or in pump islands unless enclosed by a structure compatible with the building. No discarded trash, parts, or tires may be stored outside the building unless enclosed by a durable structure compatible with the design of the principal building. ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underlined indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date November 4, 1991 A ends Item Numbe g REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: REQUEST OF MARQUETTE BANK BROOKDALE FOR CONSIDERATION OF AMENDMENT OF THE SIGN ORDINANCE DEPT. APPR erald nter, City Manager MANAGER'S RE /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Attached please find a co of a letter I received from Frank Slawson, President of Marquette PY q Bank Brookdale, requesting consideration of a variance or modification of our sign ordinance to allow a reduction or elimination of building signage for smaller free standing signage. The City Council has recently asked the Planning Commission to review sections of our sign ordinance which relate to real estate and advertising signs and during the discussion between the Planning Commission and the City Council staff observed the City Council and Planning Commission approved of the results in the community of the current sign ordinance. Your staff also understands and you should be aware of the fact that there are sections of our sign ordinance in the retail districts which allow for significantly more signage than what most businesses use. The request of Marquette Bank Brookdale points out this fact as their wall signage as it exists is less than what they are allowed under the ordinance and it appears now some business types are looking for smaller freestanding signs rather than larger wall signs. The City Council may want to consider referring this proposal to the Planning Commission for further review and ask them to evaluate some of the parts of our ordinance that allow rather extensive use of wall signs. RECOMMENDED CITY COUNCIL ACTION Staff recommend referral of this proposal to the Planning Commission and requesting the Planning Commission to evaluate our existing sign ordinance to see if reduction of wall signage is warranted • and if smaller freestanding signs would be a possible tradeoff. Marquette Bank Brookdale....,FO� 5620 Brooklyn Boulevard Brooklyn Center, MN 55429 -3084 (612) 561 -2530 October 29, 1991 Brooklyn Center City Council % City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn 55430 Re: Request for Variance or Modification of Sign Ordinance Dear Council Members, We understand the current city ordinance provides for one pylon sign per property. We currently have a pylon two sided sign (time & temperature) on the west edge of our property that provides good visibility for the north -south traffic on Brooklyn Blvd. at our main bank (expanding location) at 5620 Brooklyn Blvd. That sign remains in place. We have removed the former 39 foot by 3 foot lighted neon sign from the top, south side of our building to allow for the new construction and would.prefer not to reinstall the same.sign or a similar sign on the building itself. 45 The variance or modification would request instead the installation on one side of the south facing plaza wall a ground lit 12 foot by 2 1/2 foot Marquette Bank Brookdale sign with logo included made of aluminum letters. As you can see by the enclosed Pascual drawings and pictures, this is a much smaller enhancement than our prior signage on the building and is much more pleasing to the eye and yet serves the same purpose. We believe a sign on the building would detract from its architectural beauty and the plaza wall is much more subtle and tasteful. If we were to provide signage based on the existing ordinance, it could be considerably larger than our prior building sign because we are almost doubling our square footage. We've discussed the possibility of a variance with city staff and they've informed us that the council has not granted a variance in the past. We would request you to consider possible modification in the ordinance to allow for signage of this type that while not mounted on the building itself, enhances the beauty of the property, identifies the property and is much smaller and in essence replaces a significantly larger building mounted sign and is an extension of the foundation. We respectfully request you to consider a modification that would allow for the reduction in size in building mounted signage as a trade off for a smaller free - standing sign in the sign ordinance. Please give our request your careful attention and we will be pleased to try to answer any questions or concerns you may have. Respectfully Yours, Frank F. Slawson President _._._... __.. _ ..___ ... .. ...vu ._. .... -. w,;. . .. .. .. .....:..:.::..1 !,, .:. ..:{,Y!-.._.... 4¢•:•:L ° - \ "a> vye: ia- :v.. ^w.r:x5r^:' - L^)c>:i ^:- Y - : •': MKS;.::_` - . . • a. hrfe f FltG n :. : : -•: >. 6 . .:�:.. .. ..n SIGNS INC. FLAT CUT OUT ALUMINUM LETTERS ©^' '—y STUD MOUNTED TO BLOCK WALL s cli BAKED ENAMEL FINISH (OPTION S i� `' ANODIZED BLACK BRONZE) u 39' -0" p p 24• i � 1�• 000 000 SCALE 1/4"= 1' -0" • CHANNEL NEON LETTERS • "MARQ. WHITE FACES WHITE NEON BLACK RETURNS BLACK 1" EDGETRIM -"LOGO"= 3 SEPARATE PIECES RED FACES -2283 BLACK RETURNS & EDGETRIM PQ��ds�t� Ta 81 p��tc�fl a� z v 12 ' -0" SCALE 1/4" = 1' -0" FLAT CUTOUT ALUMINUM LETTERS STUD MOUNTED TO BLOCK WALL BAKED ENAMEL FINISH (OPTION ANODIZED BLACK BRONZE) Marquette Banks ® Marquette Bank Now Brookdale Brookdale w• 1 � P e , y q ' 6 .a, # I n ' 9 F "'� .J � y ; �' k �� ,�Y a�.'� �' �� ,�+,.. 1 , i � ' :;. �, �,. � �• �'4e + �. w w�J � ✓ w .e1. � J 1', ql �. �.. � , qua .�tk � X 1 { M ,� { �. I , e ,.. � {�. K ,{• t'+ A ! + 3'�a „�K . :. • °;, t$s .. `i ;:. .�,. i I r A'�. � ,y��. y�' -' `y t ' ,4��' "� ;*.; 1 .. r . ,. � .. a D, � ' •fit. � ti � �" �' , `' t�" �} �,� 41 .,„; �D Y � , � t` � ray r � ,! f + � ' y, , r. q e .•i� it ��-. 7' a SO ► _ r � :'I 1 v nj � �,r.. C 1 D �9, r ��.L �.6 �'�: t ;��t -tatq M ���.4.. !�) ff C +� • 'i. y �� 11 �� ,: � '��- � .{ :g: � �` D � �f� � ' R y��� ,n h q C k R ^�� � �Y •.i :!if .k s('� f ,Y.• ° — 4 fl $ "rl +j� gg 5� s _y.. A j� ' 9 . 1 ,Q''• v( w � t � �� � z g C n S r � J '� w s t� F • E �� . , wYS. .w.d+�F �a,.c+�y .,�r44i ttd'�• : ,a».r"!�' a e' aq X*`4 , 1' 4 CITY OF BROOKLYN CENTER Council Meeting Date 11/4/9I Agenda Item Number Z a/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSALS FOR TELEVISING /CLEANING INTERCEPTOR SEWER, IMPROVEMENT PROJECT NO. 1991 -24 DEPT. APPROVAL: Sy Knapp, Director of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Commerr s below /attached • SUMMARY EXPLANATION: (supplemental sheets attached The 21" interceptor sewer located adjacent the Mississippi River was originally scheduled for televised inspection earlier this year, as part of the 1991 Sewer Televising Project. When the contractor for the City attempted to perform the inspection, he found that the television camera could not be pulled through the pipe, because of the presence of tree roots which had grown through the joints of the pipe. In places, it is estimated that the roots in this segment of the sewer system have reduced the effective diameter of the pipe by 50 %. To prevent a blockage (and subsequent sewer back -up) and allow inspection, it is necessary to first remove the tree roots. The removal of this amount of roots in a pipe of this large diameter is considered to be somewhat specialized, and proximity to the riverbank makes for difficult access. Consequently, the City Engineer requested proposals for Improvement Project 1991 -24, Televising /Cleaning Interceptor Sewer, for the above described sewer segment. Two proposals were received for the work; the lowest being submitted was that of Solidification Inc., of Minneapolis, Minnesota, in the amount of $ 6,400. Solidification, Inc. has experience in this type of work in the Metro area and has previously worked in the City of Brooklyn Center. Consequently, staff recommends award to Solidification, Inc., of Minneapolis, MN. RECOMMENDED CITY COUNCIL ACTION • A resolution establishing the project, accepting proposal and awarding contract to Solidification, Inc. is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSALS FOR TELEVISING /CLEANING INTERCEPTOR SEWER, IMPROVEMENT PROJECT NO. 1991 -24 WHEREAS, the City Engineer has reported to the City Council of the need for televised sewer inspection and cleaning; and WHEREAS, the City does not possess the equipment necessary to perform such inspections; and WHEREAS, proposals for Televising and Cleaning the Interceptor Sewer adjacent to the Mississippi River were received, opened, and tabulated by the City Engineer, on the 28th day of October, 1991, and said proposals were as follows: Bidder Bid Solidification, Inc. $ 6,400.00 Visu -Sewer Clean & Seal, Inc. $ 7,717.50 WHEREAS, it appears that Solidification, Inc. of Minneapolis, Minnesota, has provided the lowest responsible proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1991 -24, Televising /Cleaning Interceptor Sewer, is hereby established. 2. The proposal as submitted by Solidification, Inc. of Minneapolis, Minnesota is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $ 6,400.00, with Solidification, Inc. in the name of the City of Brooklyn Center, for Improvement Project No. 1991 -24. 3. All costs relating to this project shall be charged to the Public Utility Sewer Fund. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER sound Meeting Date 9 L 1 _ Agenda nem Number DDDRCC REQUEST FOR COUNCIL CONSIDERATION O ITEM DESCRIPTION: RESOLUTION TO INCREASE THE FEE TO BE CHARGED FOR THE PROCESSING OF RETURNED CHECKS ISSUED TO THE CITY OF BROOKLYN CENTER stt*f tst* rt*, rst, ts#, t, t: r►* st* wf is:* srts** st+*, trt* sit,►trr *r * *sr+►sts�t *ts� *it,r : *�+t*ssiw *� DEPARTMENT APPROVAL- W Director of Finance Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) The City collects a fee for processing checks taken by the City and returned by the bank for lack of funds in the checking account. That fee was last set by the Council in 1990 at $15 per check. Collection cost of returned check -s continues ed to rise and the Legislature has now raised the legal amount which can be char • 9 g a u g to $20 per check. Most businesses now charge $20. STAFF RECOMMENDATION -------------------- Staff recommends that the fee for processing returned checks be increased from $15 to $20. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL -------------------------------------------- Pass the attached resolution increasing the fee to be charged for the processing of returned checks issued to the City of Brooklyn Center. ARTAG t ) Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION TO INCREASE THE FEE TO BE CHARGED FOR THE PROCESSING OF RETURNED CHECKS ISSUED TO THE CITY OF BROOKLYN CENTER ----------------------------------------------------------------- WHEREAS, Resolution No. 90 -227 authorized a fee to be charged for the processing of returned checks issued to the City of Brooklyn Center in the amount of $15.00 per check; and WHEREAS, the collection costs of returned checks continues to increase; and WHEREAS, the Director of Finance has recommended that the amount of $20.00 per check would be a reasonable estimate of the cost of collecting a returned check. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Director of Finance is hereby authorized to establish a $20.00 per check fee for the processing of returned checks issued to the City. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OF CONGRATULATIONS FOR JUDITH LAMP, PRINCIPAL OF PARK CENTER HIGH SCHOOL WHEREAS, Judith Lamp has been principal of Park Center High School since 1981; and WHEREAS, she recently achieved her doctorate degree in Philosophy with a Major in Educational Administration; and WHEREAS, Dr. Lamp was recently named Minnesota Principal of the Year; and WHEREAS, Dr. Lamp will be participating in the "Burger King Honors Excellence in Education" symposium in Washington, D.C.; and WHEREAS, Dr. Lamp will be part of a select number of Teachers and Principals of the Year to testify at a special hearing conducted by Senate Labor and Human Resource Committee Chairman Edward Kennedy; and WHEREAS, Dr. Lamp was also recently named to the National Committee for the Association of Secondary School Principals which works for increased communication and dialogue between high schools and colleges. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that congratulations are hereby extended to Dr. Lamp on her recent accomplishments and honors. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 11i4i91 Agenda Item Number i REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ON -SALE NONINTOXICATING MALT LIQUOR LICENSE FOR CHUCK WAGON GRILL 7 DEPT. APPR AL: J es Lindsay, Chie of Police i * MANAGE VIEW/RECO ATION: No comments to supplement this report Comments below /attached • MVEVIARY EXPLANATION: (supplemental sheets attached ) Attached please find the background investigation for an on -sale nonintoxicating liquor license for Chuck Wagon Grill located at 5720 Morgan Avenue North. RECOMMENDED CITY COUNCIL ACTION • The City ouncil a p p roves the on -sale nonintoxicatin l license for Chuck Wagon Grill. Y PP g q g This is a Liquor License background Investigation. This investigation was conducted by Detective ROBINSON. The report was dictated on 10 -31 -91 at approximately 1600 hours. The case number is 91- 15977. This resume is transcribed and typewritten by Wendy Aaserud, Police Typist, for the Brooklyn Center Police Department. SUBJECT: Donald Keith CASTLEMAN DOB: 12 -17 -55 Jane Elizabeth CASTLEMAN DOB: 11 -21 -62 4807 Colfax Avenue North Minneapolis, MN 55430 Home phone: 521 -9574 are currently Mr. and Mrs. CASTLEMAN y in the process of purchasing a restaurant /bar business known as the Chuck Wagon Grill located at 1928 57th Avenue North in Brooklyn Center, Minnesota. There is also an address listed for it as 5720 Morgan Avenue North. The business itself, not the building, has been sold to the CASTLEMAN'S for the amount of $33,000.00. That sale price includes the business name and the fixtures contained in the building. Due to this transfer of the business to a new owner and the fact that the business currently holds a non - intoxicating malt liquor license and Mr. CASTLEMAN'S will be listed on that license and so due to new ownership, the liquor license was necessitated. Mr. CASTLEMAN was born in Robbinsdale and lived with his family in the City of Minneapolis at 3754 Morgan Avenue North where his parents still live. CASTLEMAN graduated from Henry High School in Minneapolis in 1974 and went two quarters at North Hennepin Community College in Brooklyn Park and then attended the University of Minnesota for approximately 7 years working his way through school at a longer time due to the fact that he would have to take one or two quarters off every now and then to work full -time to gather enough money to go back to college. CASTLEMAN indicates he is four credits short of his graduate degree with a major in Urban Studies. After stopping going to the University of Minnesota, he then went to work full -time at the Green Mill Restaurant at it's location on Hennepin Avenue in downtown Minneapolis and worked for both the Green Mill in Minneapolis and was later made a manager in 1985 at the Green Mill at Grand at Hamline in St. Paul, Minnesota. He was a manager there for approximately 6 months prior to becoming employed with Holmsten Ice Rinks, Inc. located in Eagan, Minnesota in a sales and design position. Mr. CASTLEMAN worked for Holmsten from 1985 to October 25, 1994. ROBINSON spoke to a supervisor /vice president of the company, Bob VOHNOUTKA, who Liquor License Investigation by Detective ROBINSON Case No. 91 -15977 Page 2 indicated that CASTLEMAN worked directly for him and he was responsible for traveling throughout the country both maintaining and developing new accounts dealing with the maintenance and the design of ice rinks throughout the United States. VOHNOUTKA indicated that CASTLEMAN was very conscientious or responsible and very trusted as he had amounts of money and access to company credit cards and were never misused. He did a very good job of coordinating the sales and designing custom made equipment for various accounts and coordinating the sale, design and delivery and construction of those custom made items. The Green Mill was also contacted and ROBINSON spoke to Mr. Christopher BANGS. Mr. BANGS confirmed the fact that CASTLEMAN did work for Green Mill and that there was no major problems with him. He indicated his brother Brian actually worked more closely with CASTLEMAN but indicated Brian no longer works with the company and has his own business. Chris BANGS did verify that CASTLEMAN was regarded as a good employee. CASTLEMAN did start at the very bottom with the Green Mill indicating that he was a cook counter sales and eventually the manager and again was given the position at the Hamline at Grand store as manager also. His employment history dated back to 1982 for CASTLEMAN. Mrs. CASTLEMAN, Jane Elizabeth CASTLEMAN, formerly known as Jane Elizabeth PRIBYLE was born in Owatonna, Minnesota and lived there for 14 years until her and her mother moved to the Twin Cities where one of her older sisters attended college. Mrs. CASTLEMAN graduated from Totino Grace High School in 1981 and then attended the University of Wisconsin at Stout for 2 years without graduating. In 1983 she then went to work for a construction firm as a secretary in the State of Connecticut. In 1984 she then returned to Minnesota and approximately 6 months lived and worked in the City of Fairbault living with her father and then in August of 1984 she then began Cosmetology School in the City of St. Paul and graduated from there in September of 1985 and them immediately after that went to work for Dayton's downtown store as a Hairstylist. She went to work for Carson Pirie Scott in 1988. Mrs. and Mrs. CASTLEMAN met in February of 1985 and Mr. CASTLEMAN proposed 3 months later and they were married a short time afterward. The CASTLEMAN'S have two children, age 5 and 1 1/2. Mrs. CASTLEMAN is currently working part -time at Carson's where she has been for the last 3 years as a Hairstylist at Carson's Brookdale. Liquor License Investigation by Detective ROBINSON Case No. 91 -15977 Page 3 ROBINSON contacted two of the three references that Mr. CASTLEMAN had listed, the first being a Robert JEX of 6708 83rd Place North in Brooklyn Park, Minnesota. Mr. JEX has known Donald CASTLEMAN since they were both approximately 4 years old. He considers him his best friend as someone extremely trustworthy and hardworking, just an all around great guy. When questioned about any possible problems with alcohol or substance abuse, Mr. JEX indicated there is no problems with Mr. CASTLEMAN as far as either one. He indicates that Mr. CASTLEMAN drinks socially but not to excess and he knows that owning a restaurant business has been a long term goal of CASTLEMAN for quite some time and has always been his dream. JEX does not foresee any problem with Mr. CASTLEMAN enforcing the Regulatory laws concerning the dispersion of alcohol in the City of Brooklyn Center especially in his own business. The next reference contacted was a Richard SEVERSON who resides at 2616 Fremont Avenue in Minneapolis. SEVERSON has known CASTLEMAN since the third grade and also indicates that CASTLEMAN has a terrific character and considers CASTLEMAN one of his best friends. He is aware that CASTLEMAN has quite a restaurant background and is an above average person. He indicates CASTLEMAN has never been in trouble with the law to his knowledge and has no problems with alcohol and is very responsible in liquor management. He indicated that when CASTLEMAN was employed at the Green Mill he used to work with CASTLEMAN. He indicated at times CASTLEMAN would make sure that people who were driving were cut off from the serving of anymore alcohol and has no reservations about CASTLEMAN being responsible concerning dispensing of alcohol to either intoxicated people or people underage. He indicates his best asset he believes is the ability to solve problems quickly and can think on his feet quickly and make a good sound decision in doing SO. None of the references had anything bad to say about Mr. CASTLEMAN'S wife either indicating that she was a very nice person and believed that they were very happy. Routine checks were run on both the CASTLEMAN'S and Mrs. CASTLEMAN'S maiden name and nothing of significance was shown. Mr. CASTLEMAN does have some moving violations on his drivers license most recent being a speed on 9 -21 -89 and another speed on 7 -21 -88 and a stop sign violation on 6 -22 -87 and a speed on 8- 31 -85. Mrs. CASTLEMAN shows no moving violations at all. Checks were run with the State of Minnesota Bureau of Criminal- Apprehension, the Hennepin County Sheriff's Office, the City of Minneapolis and the City of Brooklyn Center who show no contacts with these people. Liquor License Investigation by Detective ROBINSON Case No. 91- 15977 Page 4 In speaking to Mr. CASTLEMAN personally, ROBINSON visited him at his residence and found it to be a single family dwelling, clean and well maintained. CASTLEMAN indicates that in reference to his prior experience in the restaurant business he indicated was in charge overall of the restaurant several nights a week as that duty rotated for various managers who were on duty. He primarily supervised the bartenders and had two or three years dealing directly with bar patrons and had no problem removing patrons who had too much to drink or stopping them from being served anymore. He indicates as far as personal consumption, he drinks beer only and his consumption is very little. It never was very much but it has decreased since he has obtained a family. Mr. CASTLEMAN explained that the business itself and the furnishings are being purchased for $33,000.00. That amount of money has been obtained by Mr. CASTLEMAN several ways. He obtained a personal loan from Ridgedale State Bank on 10 -10 -91 in the amount of $25,000.00 and that loan is secured by his parents certificates of deposit at the Ridgedale State Bank. His parents have no interest in the business nor will they have any say in the running of it. Also on 10 -10 -91 he received a $5,000.00 personal loan from Ridgedale State Bank and that money is secured by his parents stock in A T & T. Of the $3,000.00 balance, $1,000.00 was put down with Investors of Minnesota Inc. as good faith or down payment on the business. The remaining two thousand dollars is being called from his savings account. ROBINSON observed a bank statement dated 9- 30-91 which indicated a savings account balance of $1,721.00. This is from the Minneapolis Teleco Credit Union. He also has a $2,000.00 certificate of deposit that matures in March of 1992. This was indicated on the same bank statement. In addition, ROBINSON received a copy of a lease agreement from Mr. CASTLEMAN that he indicated the Police Administration had asked for. This will be turned in with the Liquor License background. Mr. CASTLEMAN indicates he does not plan to make any major changes in the business itself, he wants to retain the flavor that now exits with the business and retain the clientele. The people working there will probably be himself and his wife and indicates that he plans on having at least two people working at all times especially when his wife is working. He will be doing the cooking and the books in addition to the every day running of the business and his wife will work part -time running the business when he is not there. Liquor License Investigation by Detective ROBINSON Case No. 91 -15977 Page 5 CONCLUSION: At this time, Detective ROBINSON can find no indication as far as any flaws in the character of 14r. or Mrs. CASTLEMAN or anything that indicates that it would be a problem issuing a liquor license to these individuals for this particular business. Licenses to be approved by the City Council on November 4, 1991: 1 CHRISTMAS TREE SALES LOT P.Q.T. Company 4007 - 58th Ave. N. Wsber's Greenhouse 5040 Brooklyn Blvd. Jerry's NewMarket 5801 Xerxes Ave. N. City Cl rk_ COMMERCIAL KENNEL �y , Brooklyn Pet Hospital 4902 France Ave. N. Sanitarian GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Ck. Pkwy. City Cle k ; ITINERANT FOOD ESTABLISHMENT Brooklyn Center Chamber 6205 Earle Brown Dr. Brooklyn Center Park & Rec 6301 Shingle Ck. Pkwy. Sanitarian LODGING ESTABLISHMENT Inn on the Farm 6155 Earle Brown Dr. �L Sanitarian MECHANICAL SYSTEMS Fisher -Bjork Sheetmetal Co., Inc. P. 0. Box 40009 Midway Sign Company, Inc. 444 N. Prior Ave. S.B.S. Mechanical, Inc. 7160 Madison Ave. W. Building Official Q SPECIAL FOOD HANDLING ESTABLISHMENT � KarmelKorn Shoppes, Inc. Brookdale Center l Sanitarian TOBACCO RELATED PRODUCT Brooklyn Center Liquor Store #1 1500 - 69th Ave. N. Brooklyn Center Liquor Store JJ2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store JJ3 1966 - 57th Ave. N. Drug Emporium 5900 Shingle Ck. Pkwy. City Clerk] RENTAL DWELLINGS Initial: MONYCOR Federal Savings Bank 6637 Humboldt Ave. N. Renewal: Keith Nordby 5960 Brooklyn Blvd. Ralph C. Johnson 5440 Bryant Ave. N. Robert Lerum 4207 Lakeside Ave. N. JJ332 Ernest W. Gertzen 5349 Penn Ave. N. Stephen L. Cook 5306 Russell Ave. N. Robert and Arlene Johnson 7218 -24 West River Road Wai A. Chan 6685 Xerxes Place N. Sherry A. Ronallo 819 -21 55th Ave. N. J, J. Barnett 2918 - 68th Lane N. Director of Planning and Inspection GENERAL APPROVAL: P. Page, Depuq Clerk