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HomeMy WebLinkAbout1985 01-14 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 14, 1985 7 :00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - December 17, 1984 5. Employee Service Recognition Program -This is the sixth annual presentation by the City Council of Service Awards to City employees to recognize years of service to the City. 6. Adjourn 1984 Council 7. Administer Oath of Office 8. Call to Order 1985 Council 9. Roll Call 1985 Council 10. Open Forum 11. Select Mayor Pro tem 12. Approval of Consent Agenda genda -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 Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. * 13. Mayoral Appointments a. Conservation Commission b. Housing Commission c. Human Rights Commission d. Park & Recreation Commission e. Northwest Hennepin Human Services Council f. Weed Inspector g. Planning Commission * 14. Designate Official Newspaper - Brooklyn Center Post 15. Resolutions: *a. Designating of Depositories for City Funds *b. Designating Representative and Alternate Representative to the Association of Metropolitan Municipalities �\ c , Designating Director and Alternate Director for Suburban Rate Authority CITY COUNCIL AGENDA -2- January 14, 1985 * d. Accepting Work Performed under Contract 1984 -A (Diseased Shade Tree Removal Project No. 1984 -01) *e. Establishing Well No. 8 Reconditioning Project No. 1985 -01, Phase I and Accepting Proposal for Construction Thereof -This project provides for the removal of sand from the well cavern of the City's Well No. 8 located at Camden Avenue and Woodbine Lane. *f. Establishing Well No. 8 Reconditioning Project No. 1985 -01, Phase II and Accepting Proposal for Construction Thereof -This project provides for the replacement of pump column pipe, and its installation with the existing pump and motor for Well No. 8 located at Camden Avenue and Woodbine Lane. *g. Approving Plans and Specifications and Ordering Advertisement for Bids for Lift Station Improvement Project No. 1984 -05 (Contract 1985 -A) -This project provides for the construction of sanitary sewer lift station and force main to serve the Ramada Hotel. h. Receiving Engineer's Report, Establishing Water Tower Reconditioning Project No. 1985 -02, Approving Specifications, and Directing Advertisement for Bids (Contract 1985 -B) -This project provides for structural repairs and painting of the City's one million gallon elevated storage tank at 69th and Dupont Avenues and minor touchup painting of the City's half million gallon elevated storage tank at 69th and France Avenues. i. Approving Agreement with AEC Engineers & Designers for Engineering Consulting Services Relating g ervices to Water Tower Reconditioning Project No. 1985 -02 g g -This agreement provides for consulting services in the development of project specifications and field inspection for the referenced project. *j. Accepting Bid and Awarding Contract for Two 72" Rotary Mowers -It is recommended the bid of MTI Distributing in the amount of $17,730 be accepted. *k. Authorizing the Metropolitan Council to Implement the Solar Bank Deferred Loan Program within the City of Brooklyn Center 1. Authorizing Purchase of Police Mobile Command Center -This resolution was tabled at the December 17, 1984 meeting to this evening's meeting. *m. Expressing Recognition of and Appreciation for the Dedicated Public Service of Marvin Trautwein *n. Expressing Recognition of and Appreciation for the Dedicated Public Service of Michael Streitz *o. Expressing Recognition of and Appreciation for the Dedicated Public Service of Jacqueline Albright p. Regarding Mayor N uist's 1985 Salary g g Y Yq Y CITY COUNCIL AGENDA -3- January 14, 1985 16. Planning Commission Items (7:45 p.m.) a. Planning Commission Application No. 84040 submitted by Normandale Tennis Clubs for site'and building plan /special,use permit amendment approval to add a multiple purpose facility for basketball, volleyball, etc., to the racket and swim club at 4001 Lakebreeze Avenue North. The Planning Commission recommended approval of Application No. 84040 at its December 20, 1984 meeting. b. Planning Commission Application No. 84041 submitted by City of Brooklyn Center for site and building plan approval to expand the retail building at 1500 69th Avenue North for use as a City Liquor Store. 1. Resolution approving plans and specifications for remodeling of Liquor Store #1, located at 1500 69th Avenue North. c. Planning Commission Application No. 84039 submitted by New Horizon Enterprises, Incorporated for a determination that day care centers be considered similar in nature to educational uses so that a center may be located in the Park Nicollet Med Center Building at 6000 Earle Brown Drive. This application was tabled at the December 6, 1984 meeting with direction to staff to prepare an ordinance amendment making day care centers a special use in the C1 and C2 zoning districts. 1. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Location of Group Day Care Centers in Commercially Zoned Districts. The ordinance is offered for a first reading this evening. 17. Ordinances. • a. An Ordinance Amending Chapter 17 of the City Ordinances Regarding Holiday Leave This item was introduced in conjunction with the 1985 Wage and Salary Adjustments presented at the December 17, 1984 City Council meeting. The ordinance provides for time and one -half pay for certain holidays for police clerk /dispatchers and those employees working irregular work shifts. The ordinance is offered for a first reading this evening. 18. Discussion Items: a. Report on Proposed Study in Conjunction with Interim Ordinance Regarding Suspension of Certain Development within Commercially Zoned Land within the City. 1. An Ordinance Establishing a Moratorium on Development of Certain Commercially Zoned Land within the City of Brooklyn Center. The ordinance amendment is offered for a first reading by City staff. 19. Orchard Lane Parent- Teacher Association - Application for a Class A gambling license (requires a majority vote of the City Council to pass). Waiver of the $10,000 fidelity bond (requires a unanimous vote of the City Council to pass). *20. Licenses 21. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 17, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Scott would be absent from this evening's meeting. INVOCATION The invocation was offered by Rev. Swenson of the Brooklyn Center Baptist Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone in the audience who wished to address the Council at Open Forum. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. The City Manager stated that he would like to remove 8d from the Consent Agenda since this was a handout item at the meeting. Mayor Nyquist requested items 8c and 8k removed from the Consent Agenda and Councilmember Lhotka requested items 8b, 8f, and 81 removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 84 -181 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -I (PARK SHELTER IMPROVEMENT PROJECT NO. 1983 -10) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -182 i Member Gene Lhotka introduced the following resolution and moved its adoption: 12 -17 -84 -1- RESOLUTION ACCEPTING QUOTATION FOR PURCHASE OF MICROFILM READER /PRINTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -183 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -184 Member Gene Lhotka'introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF RADIO ACTIVATED SIREN SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -185 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) 72" ROTARY MOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -186 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: .Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 0 12 -17 -84 -2- t LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Red Lobster _ 7235 Brooklyn Blvd. BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave. N. Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 N. Lilac Dr. CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. Ault 1600 Freeway Blvd. Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 2400 Freeway Blvd. ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Beacon Bowl 6525 Lyndale Ave. N. Brookdale Ford 2500 County Rd. 10 Brooklyn Center Mobil 6849 Brooklyn Blvd. Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. Denne's Market 6912 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Gift Shop Too 1501 Freeway Blvd. Inter City Oil 6300 Brooklyn Blvd. K -Mart Corp. 3600 63rd Ave. N. Lynbrook Bowl 6357 N. Lilac Dr. Miernik Vending 7258 Commerce Cir. E. Brookdale Towers 2810 County Rd. 10 Hiawatha Rubber 1700 67th Ave. N. Total Petroleum 6830 Brooklyn Blvd. GASOLINE SERVICE STATION LICENSE Brooklyn Center Mobil 6849 Brooklyn Blvd. Davies Water Equipment 4010 Lakebreeze Ave. N. Green Meadows 3319 49th Ave. N. Munn Black Top 3601 48th Ave. N. Northern States Power 4501 68th Ave N. Osseo- Brooklyn Bus Co. 4435 68th Ave. N. Total Petroleum 6830 Brooklyn Blvd. MECHANICAL SYSTEMS LICENSE Rapid Heating & Air Cond. 205 Atlantic Ln. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Brookdale Urgent Care 6000 Earle Brown Dr. North France Health Club 4001 Lakebreeze Ave. Salvation Army 2300 Freeway Blvd. 12 -17 -84 -3- OFF- SALE NONINTOXICATING LIQUOR LICENSE Country Store 3600 63rd Ave. N. POOL TABLE LICENSE Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 N. Lilac Dr. PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle RENTAL DWELLING LICENSE Initial: S 0 S Properties 5200 France Ave. N. Gregory M. Ray 3713 Urban Ave. N. Renewal: E. Sullivan, H. Oien 5329, 33 Brooklyn Blvd. Gary & Vicki Zimmerman 6527 Brooklyn Blvd. Fred Johnson 5324 Bryant Ave. N. Robert A. Gold 7217 Camden Ave. N. Larry Fields 6618 Camden Dr. E. Sherritt, J. Sherritt 5235, 37 Drew Ave. N. Leroy G. Meyering 6400 Major Ave. N. Glen Marsh 910 55th Ave. N. Eugene W. Hess 3218 36rd Ave. N. Larry Pederson 5401 63rd Ave. N. Gary M. Olson 3715 69th Ave. N. Gladys E. Perisian 3806 72nd Ave. N. SPECIAL FOOD HANDLING LICENSE European Health Spa 2920 County Rd. 10 SWIMMING POOL LICENSE Brookwood Estates 6201 N. Lilac Dr. TAXICAB LICENSE Suburban Yellow 127 1st Ave. S Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - NOVEMBER 19, 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of November 19, 1984 as submitted. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES DECEMBER 3, 1984 - There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the City Council meeting of December 3, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Hawes and Theis. Voting against: none. The motion passed. Councilmember Lhotka abstained from voting as he was not present at the December 3, 1984 meeting. 12 -17 -84 -4- APP OINTMENT TO PARK & RECREATION COMM ISSION There was a motion by Counci memBer T—ieis and seconded by Councilmember Hawes to appoint Mr. Carl T. Manson, 7100 Dupont Avenue North, Brooklyn Center, to the Brooklyn Center Park & Recreation Commission (Park Service Area 2) to complete the unexpired term of former Commission member Vicki Denissen whose term expires on December 31, 1985. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a resolution granting final approval for an Industrial Development Revenue Bond and explained that the resolution comprehends phase 2 of the Brookdale Corporate Center, Incorporated proposed by Brookdale II Limited Partnership, in the amount of $8,100,000. RESOLUTION NO. 84 -187 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, APPROVING THE ISSUANCE AND SALE OF $8,100,000 COMMERCIAL DEVELOPMENT REVENUE BONDS(BROOKDALE II LIMITED PARTNERSHIP PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member. Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -188 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending the 1984 General Fund Budget. Mayor Nyquist commended the City Manager, Finance Director and City staff for managing the budget. He stated that Brooklyn Center is one of the few cities that operates efficiently and innovatively. Mayor Nyquist inquired whether the figure for legal costs in the resolution includes the money received from the courts. The Finance Director explained that the amount in the budget does include reimbursements for legal fees from the courts. The Council discussed the street construction account overage of $25,000. The City Manager pointed out that this was a result of increasing the contractural account by $25,000, but with a corresponding decrease in the Park & Recreation personnel casts. He noted that the contractural amount was for sealcoating the City streets by contract rather than in -house labor. As a result, he pointed out there was a corresponding decrease in the personnel costs. Councilmember Theis stated it would seem appropriate to have a corresponding decrease in the Park & Recreation 12 -17 -84 -5- personnel account shown in the resolution. The Director of Finance explained that it was not known at the time of the budget adoption exactly which account the savings would come from and that the final report in 1984 should show the amount underspent in the park maintenance budget. RESOLUTION NO. 84 -189 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution to Transfer Funds from the Federal Revenue Sharing Fund to the General Fund, and pointed out that all capital outlay is purchased from the General Fund and then reimbursed from Federal Revenue Sharing. RESOLUTION NO. 84 -190 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Setting Wages and Salaries for the Calendar Year 1985, and explained that this item also includes a discussion of a request from the police department clerk dispatchers regarding pay for work on holidays and a comparison of elected official salaries in other communities. The City Manager proceeded to review the personnel ordinance with regard to the request for change in holiday pay and explained that the ordinance change would provide premium pay for dispatchers and other employees working on certain holidays, including New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. The City Manager stated that he was also recommending a change in Council salaries, since the survey data shows that there is a justification for an increase. He explained that the Council salaries had not been adjusted since 1978 and that he is recommending an increase from $4,140 per year to $4,600 per year for Council salaries. He added that the increase would bring the Council salaries in line with what other suburban metropolitan communities are paying. He explained that the Mayor's salary appears to be in line with other communities and that he is not recommending an increase for the Mayor's salary. He noted that the Mayor has not accepted any salary for the position and returns the amount to the City's General Fund. With regard to nonorganized City employees, the City Manager explained he is recommending a 5% increase, and noted that there have been no settlements yet with 12 -17 -84 -6- the organized bargaining units in the City. He explained that the City is going into mediation with the Police Department and several settlements in other communities with police are at the 5% level. Also, he pointed out the Public Works settlement appears to be at the 5% level, especially since settlements in Public Works have occurred in the metropolitan area and there really could be no expectation of any variance from this through arbitration. RESOLUTION NO. 84 -191 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1985 The motion for the adoption of the - foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 84037 SUBMITTED BY THOMAS P. RALPH FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL AT 5331 63RD AVENUE NORTH AND AN ADJACENT OUTLOT TO THE EAST T The Directoi~ of Planning & Inspection presented and reviewed for Council members pages one through two of the December 6, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84037. He reviewed the location of the subject parcels and explained the purpose of the application is to create two single family lots for residential development. He then showed a transparency of the proposed subdivision, and explained that the Planning Commission held a public hearing at its December 6 meeting at which no one except the applicant requested to speak. He added that the Planning Commission recommended approval of Application No. 84037 subject to four conditions which he reviewed for Councilmembers. He noted that a public hearing on the application has been scheduled for this evening's meeting. The Director of Planning & Inspection pointed out that there is presently a 30' wide access easement over the easterly 30' of the existing corner lot and that it is not a City easement and appears to be unneccessary, since all adjacent lots have access via public streets. He added that the easement should be vacated for the benefit of Lot 2 although it does not make the property unbuildable. Councilmember Theis inquired whether there was anything in the ordinance which would require centering of the house on the lot. The City Manager stated that he believes the economics of the situation would dictate centering the home on the lot. The City Attorney stated that it is typical when a plat is approved that the conditions of approval are set out. In this situation, he pointed out neither the City nor the applicant knows what the easement is. He recommended approval of the preliminary plat with the removal of the easement as a preliminary plat condition and if this cannot be done it will return to the Council. The applicant pointed out _ that the information he has indicates that it is a public easement but no record of the public easement exists at the county. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. 12 -17 -84 -7- There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the ublic hearing Application No 4 P 0 Voting g PP 8 37 V g in ..favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 84037, 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 Ordinances, 3. An agreement for the payment of utility hookup charges for water and sewer shall be entered into prior to final plat approval. 4 Building permits for the proposed Lot 2 shall not be issued until the final plat has been approved by the City Council and filed with the County. 5. A determination of the existing easement on the property shall be made and said easement shall be removed prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 84038 SUBMITTED BY BRIAN COOK FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A TWO -BAY QUICK LUBE FACILITY ON THE SOUTHERLY PORTION OF THE CAR -X MUFFLER SHOP SITE AT 6810 BROOKLYN BOULEVARD The Director of Planning & Inspection presented and reviewed for Council members pages two through three of the December 6, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84038. He reviewed the site and building plan and explained that the request was for a special use permit for the Quick Lube Facility for autos at 6806 Brooklyn Boulevard. He explained the use is a special use in the C2 zone. With regard to parking, the Director of Planning & Inspection explained that the utilization of these buildings under the proposed application and with the parking requirements for the service use would forego this area for any future retail activity. The Director of Planning & Inspection reviewed the landscaping plans submitted with the application. He then stated that the Planning Commission held a public hearing on the application at its December 6, 1984 meeting, and recommended approval subject to ten conditions which he reviewed for Council members. He noted that a public hearing has been scheduled on the special use application and the required public notices had been sent. He also pointed out the applicant was present. Councilmember Hawes suggested a possible 11th condition of approval regarding street cleaning related to the excavation. The Director of Public Works explained that the excavation should be only side work and n y a o major soil correction work is anticipated. The City Manager suggested a condition regarding the re -use of the 12 -17 -84 -8- buildings, since the site could not meet the retail parking requirements. He asked that the applicant recognize this in writing and that he understands the City ordinance regarding parking requirements. The Director of Planning & Inspection explained that retail use of the site would require more parking stalls than is available on the site. The Council then reviewed the building plans submitted with the application and Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84038. Mayor Nyquist recognized the applicant who explained that the width of the building is 30' wide and that the opening in the floor is in the center so that only one car can be serviced per bay. Mayor Nyquist inquired as to the number of cars per day which could be serviced. The applicant stated that between 30 and 50 cars per day could be serviced. Councilmember Lhotka inquired what would be stored in the lower level of the building. The applicant replied that items such as windshield washer fluid, transmission fluid, and case oil would be stored there. Hearing no further requests to speak at the public hearing, Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Application No. 84038. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Application No. 84038, 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. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all _ landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 12 -17 -84 -9- 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 10. The applicant shall enter into a standard agreement for the payment of utility hookup charges prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -192 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted The City Manager introduced a Resolution Approving Plan Layout for Improvement of I -694 Between T.H. 100 and I -35W. The Director of Public Works reviewed the proposed improvement plans for I -694 between Humboldt and T.H. 100 east to I -35W. He explained the improvement consists of widening I -694 to three through lanes with improved merging lanes. He added that the additional lane would be added at the Dupont Avenue bridge and the T.H. 252 interchange. He explained that T.H. 100 would end up with its own through lane and a merging lane He pointed out that the I -694 bridge was designed to accommodate an additional driving lane. Councilmember Lhotka pointed out the problem of the closeness of the ramps off I -694 going north on T.H. 252 and from T.H. 252 to east I -694. The Director of Public Works stated that the additional inside lane will be built so through traffic will be in this lane and that it will help to alleviate the squeeze of traffic in this area. The Director of Public Works stated that the project will widen both directions across the bridge and that the proposed timetable is to have the contracts let in 1986 and the project completed in November 1988. In addition to the project proposed by the State, the Director of Public Works recommended that the City request the Minnesota Department of Transportation to incorporate certain design features into the construction plans for their project, including the redesign of the exit ramp from westbound I -694 to northbound T.H. 252 e to facilitate the ability of the vehicles to make a left turn at 66th Avenue North and also the addition of a pedestrian /bicycle trail facility to the I -694 bridge across the Mississippi River. RESOLUTION NO. 84 -193 Member Gene Lhotka introduced the following resolution and moved its adoption 12 -17 -84 -10- RESOLUTION APPROVING LAYOUT FOR IMPROVEMENT OF INTERSTATE HIGHWAY 694 BETWEEN T.H. 100 AND I -35W The motion for the adoption of the foregoing resolution was duly seconded b member g g Y Y Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -194 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCORPORATE CERTAIN DESIGN FEATURES INTO CONSTRUCTION PLANS FOR THE IMPROVEMENT OF INTERSTATE HIGHWAY 694 BETWEEN T.H. 100 AND I -35W The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with Minnesota Program Development, Incorporated. He explained the agreement provides for continuation of the Domestic Assault Intervention Project in Brooklyn Center and is authorized by the 1985 budget. Mayor Nyquist requested that since the project is to not discriminate on the basis of sex, the references to "women" in the contract should be changed to "spouses." RESOLUTION NO. 84 -195 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MINNESOTA PROGRAM DEVELOPMENT, INCORPORATED The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bids and Authorizing Purchase of a Copy Machine and recommended that the bid of IBM in the amount of $25,275 be accepted. Councilmember Lhotka inquired whether the possibility of leasing machines had been reviewed. Administrative Assistant Hoffman pointed out that it is more expensive to lease over the life of the machine. RESOLUTION NO. 84 -196 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF ONE (1) COPY MACHINE 12 -17 -84 -11- The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Purchase of a Police Mobile Command Center. He explained the Command Center provides complete radio and mobile telephone facilities in emergency situations. An example, he pointed out, was the Howe fire where communications at the scene were lacking. He added that the useful life of the equipment is approximately 15 years. Mayor Nyquist inquired whether there were any surrounding suburbs which have this type of equipment and whether or not the costs could be shared. The City Manager explained that Brooklyn Park and St. Louis Park have the equipment but he added that he does not know how long the funds will be available and if there is time to pursue the project jointly. Councilmember Hawes expressed a concern over the fact that the mutual aid pact may mean that the equipment could be used more extensively and that it could have a detrimental effect on the life of the equipment. The City Manager explained that there is usually a balance with other departments since the departments tend to use what the other does not have and vice versa. Councilmember Hawes questioned the $6,000 for the consulting fee connected with the equipment. The City Manager explained that he was not sure of this cost but was advised by the federal government to make certain that all costs were adequately covered before submission of the application. He noted that the Mobile Command Center would have the same capability as the dispatch center and is a fairly complicated and technical project to undertake, thus, the need for a technical consultant. Councilmember Theis suggested the possiblity of using Brooklyn Park's vehicle and putting the mobile communications equipment in it. The City Manager stated that he believes Brooklyn Park's vehicle is a 12 year old school bus. Councilmember Theis stated that he believes there should be a less expensive way of accomplishing the same ends which are privacy for communications in emergency situations. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to table the Resolution Authorizing Purchase of a Police Mobile Command Center to the January 14, 1985 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed, RECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9:26 p.m. DISCUSSION ITEMS PLANNING COMMISSION RECOMMENDATION REGARDING INTERIM ORDINANCE SUSPENDING CERTAIN DEVELOPMENT IN THE CITY The City Manager explained that the Planning Commission at its December 6, 1984 meeting recommended a moratorium on development of C2 zoned land in the City, and added that the staff is recommending a moratorium on all retail development in the City. He pointed out the Planning Commission is asking that the Council consider 12 -17 -84 -12- their recommendation and would request that they review any final ordinance prior to its passage. The Director of Planning & Inspection reviewed the parcels which would be affected by such an interim ordinance, and explained that the main concern of the Planning Commission and staff was the City's need for additional retail development. He added it seems that Brooklyn Center has been attracting more of the same kind of development that the City already has. He pointed out that the staff and Planning Commission questioned the need for this, and that with the Byerly's project abandoned and no plans for the parcel, the staff and Planning Commission felt the time was right to assess the need for additional commercial development in the City. He explained the staff recommended an interim ordinance and study be undertaken for vacant C2 land and to limit the study to retail uses in the C2 zone. He pointed out the Planning Commission felt it would be appropriate to study all uses for C2 land and that the Planning Commission also recommended a study be undertaken as soon as possible so the moratorium would not drag out over time. He stated the recommendation is for a 12 month moratorium with an 18 month extension and a provision so that the ordinance could be rescinded prior to one year. He explained that the staff calculates that approximately 225 acres of land in the City is now zoned C2 and devoted to retail use. He then reviewed the Planning Commission minutes regarding the recommended study to be undertaken in conjunction with the interim ordinance. Councilmember Hawes inquired whether there were any retail proposals currently underway. The Director of Planning & Inspection explained that some discussion had been held regarding the old Byerly's site but no specific proposals had been submitted at this point. Councilmember Hawes expressed a concern about a possible lawsuit and the subsequent costs. The Director of Planning & Inspection replied that the City could also consider the cost to the City, if the study is not conducted. The City Manager explained that proposals currently in the discussion stages for C2 zones include the, old ByerlyI s site, the land north of LaBelle Is, and the C2 land by the Lynbrook Bowl. Councilmember Theis inquired as to the reasons for the study, whether it was related to traffic, competition for existing retail uses or re -use of existing buildings. The Director of Planning & Inspection explained the purpose of the study would be to examine primarily whether or not the City has reached the saturation point for retail uses. Councilmember Lhotka questioned how the study would quantify present and future needs for retail. The Director of Planning & Inspection explained that he did not know and that this would be one of the outcomes of the study. Councilmember Lhotka then inquired whether the study would be done by staff or by consultant. The Director of Planning & Inspection explained that a certain amount would have to be contracted out, but that the staff could certainly do some of the preliminary work and that in terms of time and skill a consultant would be needed to complete the study. Councilmember Lhotka then requested a cost estimate for the study. The Director of Planning & Inspection explained the cost would be between $18,000 and $36,000. Councilmember Lhotka then inquired of the City Attorney where the City stood legally with regard to such a moratorium. The City Attorney replied that, even before the State statute was enacted, a Minnesota case existed where a developer was in the Council Chambers with a proposal and the Council did not know what to do with the proposal since they had no plan developed. He explained the Council's inquiry resulted in rezoning, and they were subsequently sued by the developer and the Council's action was upheld by the Supreme Court and the case was 12 -17 -84 -13- later codified into State law. The City Attorney explained that, if the zoning is changed on a piece of property after a plan is completed, the owner does not have a vested right to the zoning as long as the City does not interfere with an existing project. He added that he is confident the City would have no problem with the State law. Councilmember Lhotka expressed a concern with the statements made regarding certain developments and that the staff and Council seem to be asking questions after the fact and not before He added that he would like to know when the time for the moratorium would begin. The City Attorney explained that the statute says the City can't have a moratorium if preliminary plat approval is granted to a project. He added that his judgment is that, if the City grants preliminary approval for any project then you have led the developer to believe that the project would be approved, and if he has spent any funds on the project at all then the City would have a problem, if the City had indicated some type of preliminary approval. The City Manager stated that the memo to which Councilmember Lhotka refers addresses the abandonment of several retail areas in the City and that the City staff has been concerned for some time regarding the vacancies of these buildings, Brookdale Square being one example. He added that he is concerned that the metropolitan area has more retail zoning than is necessary and that City's may be trading areas and creating vacant buildings where retail activity is moved on to another City and moves from City to City. Councilmember Lhotka inquired whether there was any waiting period for a moratorium. The City Attorney explained that the same procedure is used as for amending the City zoning ordinance. Councilmember Lhotka then inquired that if Ryan Construction wants to develop the ByerlyI s site does the moratorium end these discussions. The City Attorney stated he does not believe any applications have been submitted at this point and also the time period for passing the ordinance would be less than the time required for the application, even if it were filed tomorrow. Councilmember Lhotka then inquired how long it would require to pass the zoning ordinance amendment. The Director of Planning & Inspection explained that the Planning Commmission could recommend the ordinance - as °early as Thursday and the Council could approve a first reading on January 14 and a public hearing and second reading could be scheduled for the first meeting in February. After the second reading, he explained that the ordinance would become effective 30 days following the original publication date. He added that the effective date would be approximately the middle of February. Councilmember Theis expressed a concern with the possible consultant proposal, and added that he would like to see this prior to the first reading of the ordinance. He added he would also like to see examples of excess retail in other cities and what problems it created and why there is a problem with retail attracting more retail. The City Manager explained that the moratorium is needed only if -a study is to be undertaken. The City Attorney commented that the State statutes says the decision to do a study justifies the moratorium. Councilmember Lhotka then inquired whether the moratorium would have to be enacted at the time of the study. The City Attorney replied that it would not and that if the study is being conducted and the City gets development pressure then the moratorium can be adopted until the study is finished. _ The City Manager explained the Council could direct the staff to prepare an ordinance on the moratorium and also preliminary information on the study and prepare responses to Councilmember Theis' questions. The City Council continued its discussion on the possible interim ordinance and study on retail use in the City. Councilmember Lhotka suggested that the Council 12 -17 -84 -14- f may want enough information to determine if the study is a good idea. Mayor Nyquist suggested that the Council could direct the staff to present a proposed study and address the question of what would happen if the City does not conduct a study. The City Attorney pointed out that the State statute addresses the issue of the study and that the only action the Council can take is by motion, ordinance or resolution. He added that if a vote is not taken it is not an official action under the statute which permits the interim type ordinance. Councilmember Theis stated that he was not comfortable with asking the staff to draft an ordinance for first reading but he is willing to ask for information and details on a proposed study. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to direct to the City staff to prepare information regarding a study to assess the impact of and need for additional P retail development in C2 zoned land for the January 14, 1985 City Council meeting and respond to the questions of Councilmember Theis regarding the study. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Theis. Voting against: Councilmember Hawes. The motion passed. I There was a motion by Councilmember Hawes and seconded by Mayor Nyquist to direct the City staff to prepare an ordinance on the proposed moratorium for the January 14, 1985 meeting. Voting in favor: Mayor Nyquist and Councilmember Hawes. Voting against: Councilmember Theis and Lhotka. The motion failed. Councilmember Theis left the table at 10:45 p.m. 1985 PUBLIC IMPROVEMENT PROJECT The Director of Public Works proceeded to review his memorandum on proposed 1985 Public Improvement Programs. Councilmember Theis returned to the Council table at 10:47 p.m. The Director of Public Works reviewed the general project description and location of projects, including the Municipal Service Garage, Street Improvements, Sanitary Sewer System Improvements, Water Main Improvements, City Hall /Community Center, Trail Construction Projects, Park Improvements, Miscellaneous Improvements and Miscellaneous Petitions anticipated in 1985. T.H. 252 MUNICIPAL UTILITY MODIFICATIONS The Director of Public Works reviewed the proposed utility modifications proposed in conjunction with the T.H. 252 Project. He added that he would like the Council to be aware that the improvements must proceed ahead of or in conjunction with the T.H. 252 Project. He explained that the Minnesota Department of Transportation will have an agreement to put the work on their contracts with the right of refusal for the City. NORTH METRO TRAFFIC TASK FORCE The'Director of Public Works explained that for the past several months an Ad Hoc Task Force has been developed under the auspices of the Metropolitan Council and =` that the impedus for this Task Force was the MN /DOT proposal to widen the Champlain to Anoka bridge across the Mississippi River. He explained that the Task Force may be the best chance the City has for getting input into the traffic system for the northwest area. Councilmember Theis volunteered to represent the City on the North Metro Traffic Task Force. 12 -17 -84 -15- M1 CONSIDERATION OF SPECIFIED LICENSES - LIQUOR LICENSES RENEWALS FOR 1985 The City Manager stated that the Council can approve by a single motion all the license renewals, if the Council has the opportunity to pull off any or all of the licenses for specific consideration. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following specified licenses: 1. On -sale Intoxicating Liquor Licenses Class A ($8,000 per year) Red Lobster (General Mills Restaurant Group), Yen Ching Restaurant 2. On -sale Intoxicating Liquor Licenses Class B ($11,000 per year) Earle Brown Bowl (Diamond Lake Fun Centers, Inc.), Green Mill (Green Mill, Inc.), Ground Round (Howard Johnson Company), Holiday Inn (Brock Hotel Corporation) , Chuck Muer's (C. A. Muer's Corporation /Meriwether's, Inc.), T. Wright's Saloon and Supper Club 3. On -sale Intoxicating Liquor License Class C ($14,000 per year) - Lynbrook Bowl 4. On -sale Sunday Intoxicating Liquor License ($200 per year) -Earle Brown Bowl, Green Mill, Ground Round, Holiday Inn, Lynbrook Bowl, Chuck Muer's, Red Lobster, T. Wright's, Yen Ching 5. On -sale Wine Licenses Denny's Restaurant, The Good Earth Restaurant 6. On -sale Club License - Brooklyn Center American Legion Post #630 (130 members - $300 per year) 7. On -sale 3.2 Beer License Holders ($500 per year) - Beacon Bowl, Chuck Wagon Inn, Davanni's (Davanni's, Inc.) Denny's Restaurant (Denny's, Inc.), The Good Earth (The Good Earth of Minnesota, Inc., III), Little Brooklyn Restaurant (formerly Taco Towne), Rocky Rococo's Pizza (Rocky Rococo Corporation), Scoreboard Pizza (E & S Enterprises) - formerly Pizza Factory, Showbiz Pizza Place (the Sweeney Group) Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 84 -197 - Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: 12 -17 -84 -16- r Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPOINTMENT TO HUMAN RIGHTS COMMISSION Mayor Nyquist commented that Councilmember Lhotka will contact Mr. Mark Boldt for membership on the Human Rights Commission. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at -11:32 p.m. Deputy City Clerk Mayor 12 -17 -84 -17- CITY OF BROOKLYN CENTER EMPLOYEE RECOGNITION NIGHT CITY COUNCIL CHAMBERS 7:00 P.M. JANUARY 14, 1985 CITY OF BROOKLYN CENTER EMPLOYEE RECOGNITION NIGHT JANUARY 14, 1985 Tonight is the sixth annual presentation by the City Council of service awards to City Employees to recognize years of service by those Employees to the City. Recognition is to be given tonight to those employees who, during 1984, observed the anniversary of either twenty or twenty -five years of permanent full -time employment with the City. The awards are a part of a service recognition program approved by the City Council in 1979. Four persons, who are listed below, will receive service awards this evening. EMPLOYEES WITH TWENTY YEARS OF SERVICE Date of Employment Donald Sollars, Police Sergeant January 2, 1964 Paul Holmlund, Director of Finance/ City Treasurer August 28, 1964 EMPLOYEES WITH TWENTY -FIVE YEARS OF SERVICE James Lindsay, Chief of Police January 10, 1959 Robert Zimbrick, Public Utilities Supervisor March 15, 1959 The Employees recognized this evening are representative of all City Employees who serve their City well. ACTIVE CITY EMPLOYEES WITH TWENTY OR MORE YEARS OF SERVICE AND WHO HAVE BEEN RECOGNIZED BY THE COUNCIL IN PAST YEARS ARE: THIRTY OR MORE YEARS OF SERVICE Service Years HENRY DAVIS, Superintendent of Streets and Parks 33 RICHARD JENNRICH, Equipment Operator 31 TWENTY -FIVE OR MORE YEARS OF SERVICE ROBERT CAHLANDER, Supervisor of Streets and Parks 29 EUGENE HAGEL, Director of Parks and Recreation 27 JEAN CHAMPLIN, Chief Accountant 26 JAMES LINDSAY, Chief of Police 25 ROBERT ZIMBRICK, Public Utilities Supervisor 25 TWENTY OR MORE YEARS OF SERVICE ALLAN BRAUN, Engineering Technician 24 RICHARD SCHWAB, Streets and Parks Supervisor 23 RICHARD HANDY, Police Officer 22 LEROY CHRISTENSON, Police Officer 21 GARY GIVING, Engineering Technician 21 DONALD SOLLARS, Police Sergeant 20 PAUL HOLMLUND, Director of Finance /City Treasurer 20 Eighty employees, of a total of 120 full -time authorized City Employees, have served the City for more than five years. An analysis of permanent full - time service as of December 31, 1984 follows: Accumulative Employees with 30 or more years service 2 2 Employees with 25 or more years service 5 7 Employees with 20 or more years service 7 14 Employees with 15 or more years service 14 28 Employees with 10 or more years service 19 47 Employees with 5 or more years service 33 80 Employees with less than 5 years service 40 Total Permanent City Employees 120 /.3 MEMORANDUM �I TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz, Administrative Assistant DATE: January 11, 1985 SUBJECT: Advisory Commission Appointments and Reappointments for 1985 The following is a list of advisory commission members whose terms expired on December 31, 1984. If the Mayor and Council choose to reaffirm their reappoint- ments the respective terms are indicated. Also, there is one new potential appointment in the Human Rights Commission and that individual would serve out the unexpired term of Marvin Trautwein who has resigned from the Human Rights Commission. HUMAN RIGHTS COMMISSION Evelyn Misfeldt - reappointment for a three year term Mark Boldt - appointment to a one year term to complete the unexpired term of Marvin Trautwein PARK & RECREATION COMMISSION Bud Sorenson - reappointment for a three year term (current chairman) Dale Bloomstrand - reappointment for a three year term CONSERV COMMISSION William Price - reappointment for a three year term Barbara Jensen - reappointment for a three year term Everett Carlson - reappointment for a three year term HOUSING COMMISSION Don Lawrence - reappointment for a three year term (current chairman) Phil Cohen - reappointment for a three year term Clifford Williams - reappointment for a three year term Ken Felger - reappointment for a three year term PLANN COMMISSION George Lucht - reappointment for a two year term (current chairman) Lowell Ainas - reappointment for a two year term Wallace Bernards - reappointment for a two year term NORTHWEST HENNEPIN HUMAN S ERVICES COUNCIL Dr. Duane Orn - at the time of writing of this memorandum Dr. Orn has indicated that he may be resigning but has not yet come to a final decision. AT' P T TtO ,r FO'ZI,': r� ?T TC�_� Zy,r �,��'if"_I:tJi�'r1 ?� _ ".JCT.`]�; :;Q�,;?�T "S Larne JQ '4 fli�� E�la1M Age . Address 36G? �7�h . /'✓, 1 awl ,,, 611b,► M ill Telephone Occ:tpatlon E /. 1Cnn L,/,, Years lived in Brooklyn Cen tel - I have rcad die F'ium'a i Right:; ",Omrai Er Resolution (R esol'.:11ci1 No. 68 - 69-35, 71 -211 and 74-68)'., which definies the purpose, a-,t}?erity anti responsibility of the Brooklyn Center I.uman Rights Cel ,missiOn. Yes . 110 Comments I understand the importance of regular Commission meet4rig attendance and participation, and feel I have fine time available to be an act ive participant. Yes Comments Additional commsnts on my interest, experience, background, ideas, etc. 4aM34 /A V G � -�.r�✓ Ln"e t � G �,�+y�;� / GL_���►Ss�''.!^?aicY+ .� n___.,_„L � &e Z&Wc441 6L Signature Date Submit to: Mayor Dean Nyauist City of Brooklyn Center. 6301 Shingle Creek Parkway Brooklyn Center, ilvlN 55430 /SA Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center that the First Brookdale State Bank be and is hereby designated as the depository for the funds of the City of Brooklyn Center, Minnesota. BE IT FURTHER RESOLVED that the following named banks are hereby designated additional depositories to be used for investment purposes: First National Bank of Mi.nneapoli.s F &M Marquette National Bank of Minneapolis Northwestern National Bank of Minneapolis First National Bank of St. Paul American National Bank of St. Paul Fidelity Bank and Trust Company Summit State Bank Camden Northwestern State Bank First Federal Savings & Loan Association Midwest Federal Savings & Loan Association Twin City Federal Savings & Loan Association The City Treasurer is authori.zed to deposit City funds i.n the named depositories to the extent that repayment i.s guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City, and approved by the City, by said depository. BE IT FURTHER RESOLVED that the persons generally authorized by the City Charter to act for the City in any of its business with the depository are any persons holding office from time to time as City Manager and City Treasurer. All checks drawn upon an account of the City shall be signed by both of the above designated persons. BE IT FURTHER RESOLVED that the City Manager i.s Gerald G. Splinter and the City Treasurer is Paul W. Holmlund. Date Mayor ATTEST: 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. 16 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota as follows: Celia Scott i.s hereby designated as a Representative of the Association of Metropolitan Municipalities, and Gerald G. Splinter i.s hereby designated to serve as Alternate Representative of the Associati-on of Metropolitan Muni.ci.pali.ti.es for the year 1985 and until their successors are appointed. Date Mayor ATTEST Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted i.n favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /5G Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: Gene Lhotka i.s hereby designated as a Director of the Suburban Rate Authority, and Gerald G. Splinter i.s hereby designated to serve as the Alternate Director of the Suburban Rate Authority for the year 1985 until their successors are appointed. Date Mayor ATTEST: 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -A (DISEASED SHADE TREE REMOVAL PROJECT NO. 1984 -01) WHEREAS, pursuant to written Contract 1984 -A signed with the City of Brooklyn Center, Minnesota, Midwest Stump Removal has satisfactorily completed the following improvement in accordance with said contract: DISEASED SHADE TREE REMOVAL PROJECT N0. 1984 -01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according o the following schedule: g � As Approved Final Amount Original Contract $ 28,975.00 $ 45,044.50 2. The value of work performed is more than the original contract amount by $16,069.50 due to a general underesti- mation of planned quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $45,044.50. Date Mayor ATTEST: 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. IT Y CIT 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 . TELEPHONE 561 -5440 C ENTER TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 10, 1985 RE: Review of Contract 1984 -A (Diseased Shade Tree Removal Project No. 1984 -01) The attached resolution provides for acceptance of the work performed under the referenced diseased shade tree removal contract. As noted in the resolution, the final contract amount exceeded the original contract amount by $16,069.50, due to a marked increase in the number of trees infected in 1984. The increased infection rate was the result of last winter's heavy snowfall and the snow's insulating effect on the infectious beetle population. A comparison of the three previous seasons' tree removal totals shows that the number of diseased trees removed decreased from 583 in 1981 to 288 in 1983. However, due to the winter of 1983 -1984 and the subsequent high survival rate of the beetle population, 520 trees were removed in 1984 (81% increase from 1983). At the time we prepared the contract documents for the work, we did not anticipate this dramatic increase. Costs incurred under this contract will be charged as follows: Boulevard Trees: 50% to City funds = $ 10,390.88 50% to Property owners (billings or special = 10,390.87 assessments) Trees on Private Properties: 110% billing or special assessment to = 23,685.25 property owners Trees on Public Properties 100% to City funds = 577.50 TOTAL _ $ 45,044.50 `71w mww 6,640" January 10, 1985 Contract 1984 -A Page 2 It is recommended the.City Council adopt the attached resolution providing for acceptance of the work completed by Midwest Stump Removal, the City's tree removal contractor for 1984. Respectfully submitted, SK: jn ls� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING WELL NO. 8 RECONDITIONING PROJECT NO. 1985 -01, PHASE II AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF WHEREAS, the City Council considers it in the best interests of the City of Brooklyn Center, Minnesota to provide the replacement of pump column pipe for the City's Well No. 8; and WHEREAS, the City Engineer has received, proposals for the work, said proposals are tabulated as follows: Bidder Proposal Layne Minnesota Company $6,824.00 Keys Well Drilling Company 6,900.00 Bergerson- Caswell, Inc. 7,750.00 WHEREAS, the City Engineer has advised the City Council that the proposal of Layne Minnesota Company, in the amount of $6,824.00, is the lowest responsible proposal received and has recommended that a contract be awarded to said firm in that amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed improvement shall be established as follows: WELL NO. 8 RECONDITIONING PROJECT NO. 1985 -01, PHASE II 2. The proposal of Layne Minnesota Company, in the amount of $6,824.00, is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with said firm in that amount. 3. The total cost of said project is estimated as follows: Contract Cost $6,824,00 Engineering Cost 614.16 Administrative Cost 68.24 TOTAL $7,506.40 4. The accounting for Project No. 1985 -01, Phase II will be done in the Public Utilities Fund. RESOLUTION NO. Date Mayor ATTEST: 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING WELL NO. 8 RECONDITIONING PROJECT NO. 1985 -01, PHASE I AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF --------------------------------------------------- WHEREAS, the City Council considers it in the best interests of the City of Brooklyn Center, Minnesota to provide the removal of sand from the well cavern for the City's Well No. 8; and WHEREAS, the City Engineer has received proposals for the work, said proposals are tabulated as follows: Bidder Proposal Layne Minnesota Company $6,325.00 Keys Well Drilling Company 6,500.00 Bergerson- Caswell, Inc. 14,000.00 WHEREAS, the City Engineer has advised the City Council that the proposal of Layne Minnesota Company, in the amount of $6,325.00, is the lowest responsible proposal received and has recommended that a contract be awarded to said firm in that amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed improvement shall be established as follows: WELL NO. 8 RECONDITIONING PROJECT NO. 1985 -01, PHASE I 2. The proposal of Layne Minnesota Company, in the amount of $6,325.00, is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into a contract with said firm in that amount. 3. The total cost of said project is estimated as follows: Contract Cost $6,325.00 Engineering Cost 569.25 Administrative Cost 63.25 TOTAL $6,957.50 4. The accounting for Project No. 1985 -01, Phase I will be done in the Public Utilities Fund. RESOLUTION NO. Date Mayor ATTEST: 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. PM CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTE R TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: January 11, 1985 RE: Well No. 8 Reconditioning Project No. 1985 -01 (Phases I $ II) In conjunction with the City's ongoing utility maintenance program, City staff has inspected the pump, pump motor, appurtenances, and the well cavern for Well No. 8 located on Camden Avenue at Woodbine Lane. During the inspection it was determined that minor pump repair was necessary (replace bearings and wear rings), and likewise, minor pump motor repair was required (replace bearings and motor shaft). Both improvements have been completed by local contractors and the pump /motor unit is ready for reinstallation. However, as inspection continued, staff found signs of wear on the pump column piping (i.e. thread joints worn smooth where water leaking occurred and iron becoming brittle as a result of water pumpage), and determined that pipe replace- ment is necessary. It was also noted that some sloughing of sandstone from the well cavern walls into the open hole has occurred in such a fashion that it has 'bounded" directly below the well, thus necessitating its removal. Based upon our estimates, the "mound" consists of approximately 75 cubic yards of material which should be removed at this time. Accordingly, we have solicited proposals from contractors for the work described above. Since the work may be completed independently (i.e. phase I — sandstone removal; phase II - pump column supply and total unit assembly /installation), it was our opinion that more competive proposals would be received if contractors were allowed to bid on either one or both phases of the project. The two resolutions which have been provided for consideration by the City Council list the proposals as received. We recommend adoption of these resolutions. Respectfully submitted, SK: jn /s Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05 (CONTRACT 1985 -A) -------------------------------------------------- WHEREAS, pursuant to Resolution No. 84 -44 adopted by the Council on the 26th day of March, 1984, the City Engineer prepared plans and specifications for Improvement Project No. 1984 -05 and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The plans and specifications for the following improvement as prepared by the City Engineer are approved and ordered filed with the City Clerk: LIFT STATION IMPROVEMENT PROJECT N0. 1984 -05 2. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than ten ('10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on February 14, 1985, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on February 25, 1985, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City fo 5 percent of the amount of such bid. Date Mayor ATTEST: 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. Member introduced the following resolution and )-SH moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING WATER TOWER RECONDITIONING PROJECT NO. 1985 -02, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -B) ------------------------------------------------------- WHEREAS, the City Engineer has reported to the City Council that it is necessary and in the best interests of the City of Brooklyn Center, Minnesota to recondition the City's one million gallon and half million gallon elevated towers as comprehended under an established utilities maintenance program; and WHEREAS, the City Engineer has prepared specifications for the proposed work; and WHEREAS, the City Engineer has estimated the cost of said improvement to be $167,020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following project is hereby established: WATER TOWER RECONDITIONING PROJECT NO. 1985 -02 3. The specifications for Contract 1985 -B for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on February 14, 1985, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on February 25, 1985, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City fo 5 percent of the amount of such bid. 5. The accounting for Project No. 1985 -02 will be done in the Public Utilities Fund. RESOLUTION NO. Date Mayor ATTEST: 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 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 CENTER ENGINEER'S REPORT RECONDITIONING PROJECT NO. 1985 -02 PROJECT DESCRIPTION: Reconditioning of Water Towers PROJECT LOCATION: One million gallon tank located at 69th & Dupont Avenues Half million gallon tank located at 69th & France Avenues In conjunction with the City's ongoing utility maintenance program, the City Engineering staff has worked with a consulting engineering firm (AEC Engineers & Designers) on the inspection of two of the City's three elevated water towers. Water Tower No. 2 (69th Avenue and Dupont Avenue) In the process of inspecting the City's one million gallon tower (located at 69th and Dupont Avenues) we have found that the tank's interior is definitely in need of painting (last painted in 1978). In addition, we found that various structural members within the tank's interior have been severely damaged by ice movement resulting from the normal fluctuation of water level in the tank.(i.e. Winter water levels are lowered to increase water circulation and minimize freezing.) Upon further review of the design standards under which the tower was erected, our consultant has determined that the damaged members are of no structural value, rather, they were required for erection purposes only. Accordingly, the consultant recommends that all such members (damaged and undamaged alike) should be removed. The consultant also recommends that other structural members (i.e. horizontal bars which extend across the tank) be removed as they, too, are of no structural value and could pose a safety threat. We recommend completion of these removals in 1985 in conjunction with the painting of the tower's interior. Although inspection of the tower's external paint system shows that the paint may have two or three years of useful life before it must be repainted (again, last painted in 1978) it is our opinion that it will be most economical to do this at the same time as the work on the interior of the tank (as described above). A summary of the estimated contract costs related to the work described above are: ENGINEER'S REPORT - Project No. 1985 -02 Page 2 Repair cost $ 17,500 Interior painting 35,600 Exterior painting 70;700 $123,800 Water Tower No. 1 (69th Avenue and France Avenue North) Staff continued its inspection program by inspecting the interior and exterior of the City's half million gallon tank located at 69th and France Avenues. It was determined that the tower's exterior (last painted in 1978) is in good condition and that the paint system should last for at least three more years. The tower's interior paint system (last painted in 1975) also appears to be in good condition, except for the presence of minor rusting in the "hard to get at places ". Our consultant recommends that "touch up" painting of these areas be completed in conjunction with the reconditioning of Water Tower No. 2. It is estimated that the contract cost related to the recommended reconditioning of this tower is $6,000.00. PROJECT SCHEDULING We recommend that the above described work be placed under contract for completion during the spring of 1985. The recommended schedule will allow for completion of the structural modifications during the colder, early spring months, leaving the tower painting until later in the spring when temperatures are consistently higher and humidity is lower. Both towers will be required to be back in operation by the time the seasonal sprinkling program begins in mid -May. CONSULTANT SERVICES Accompanying this report is a resolution which provides for the use of consultant services offered by AEC Engineers and Designers. We consider the expertise offered by this firm to be essential in the development of the specification for structural member removal and in the inspection of the work to be done, two aspects where City staff expertise is minimal. Based upon AEC's estimates, consulting fees will total approximately $1,500 in the specification development stage and $7,300 in the inspection stage (total = $8,800). FINANCIAL CONSIDERATIONS A summary of all estimated costs related to the proposed reconditioning as described above is as follows: ENGINEER'S REPORT - Project No. 1985 -02 Page 3 Construction Cost $129,800 Contingencies (150) 19,470 Total Contract Cost 149,270 Engineering Cost Consultant 8 City (5%) 7,460 Administrative Cost 1,490 TOTAL $167,020 All costs related to the proposed reconditioning project will be charged to the Public Utilities Fund. The work as proposed above is feasible at the costs estimated and under the conditions outlined. We recommend that the City Council adopt the accompanying resolutions providing for letting of bids for the work as described herein and for securing the services of AEC Engineers & Designers as consultants in the development of the project specifications and inspection of the field work. Respectfully submitted, SK:jn Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT WITH AEC ENGINEERS & DESIGNERS FOR ENGINEERING CONSULTING SERVICES RELATING TO WATER TOWER RECONDITIONING PROJECT NO. 1985 -02 ------------------------------------------------------- BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the proposal submitted by AEC Engineers & Designers to provide consulting services related to the development of specifications and performance of field inspection for Water Tower Reconditioning Project No. 1985 -02, at an estimated cost of $8,800.00 is hereby accepted. The City Manager is hereby authorized and directed to enter into a contract with AEC Engineers & Designers for said services. Date Mayor ATTEST: 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. Member introduced the followi.nig resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR T C (2) 72" ROTARY MOWERS WHEREAS, written quotations were received and tabulated for the purchase of two (2) Rotary Mowers. WHEREAS, quotations received were as follows: Bidder Quotation MTI Distributing $17,730. Kromer Co. 18,090. Terra Care 19,800. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the quotation for Two (2) Rotary Mowers from MTI Distributing in the amount of $17,730 is hereby accepted. Date Mayor ATTEST: 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. 15K Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT THE SOLAR BANK DEFERRED LOAN PROGRAM WITHIN THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center desires to assist families and individuals in making energy improvements for the purpose of increasing the energy efficiency of their homes; and WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will contract with the Metropolitan Council to administer these Solar Bank Deferred Loan Funds; and WHEREAS, the Metropolitan Council has been designated a housing and redevelopment authority pursuant to Minnesota Statutes Section 473.195 with the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Housing and Redevelopment Authority Act; and WHEREAS, under the provisions of Minnesota Statutes Section 473.195, the Metropolitan Council must obtain the approval of the governing body of any municipality in which it proposed to implement the Solar Bank Deferred Loan Program. NOW, THEREFORE, BE IT RESOLVED that the City of Brooklyn Center hereby authorizes the Metropolitan Council to implement the Solar Bank Deferred Loan Program for the purpose of increasing the energy efficiency of homes in the City of - Brooklyn Center and that the City Manager, Gerald G. Splinter, is hereby authorized to enter into any necessary agreement with the Metropolitan Council for operating the program within the City. Date Mayor ATTEST: 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. SUMMARY SOLAR BANK DEFERRED LOAN PROGRAM Program Description: The Solar Bank Deferred Loan Program provides financing for energy improvements to homeowners who otherwise would be unable to increase the energy efficiency of their homes. Eligible improvements are: furnace repair /replacement, all kinds of insulation, storm windows and doors (if none presently on home), and weatherstripping and caulking. The program provides for deferred loan which need not be repaid unless the borrower sells, transfers, or ceases to live in the home (either voluntarily or involuntarily) within 5 years after the date of the loan. The lien is satisfied after the 5 -year period. The maximum loan amount is $4,850. Property Eligibility: In order to receive assistance through this program, the following criteria must be met: 1) The applicant must own the property to be improved, either through at least a one -third interest in the fee title or as purchaser of a contract- for -deed, or as a recipient of a life estate, and must reside in the property. 2) The property to be improved can contain no more than four dwelling units. 3) The property must be a permanent structure. Mobile homes are not eligible. 4) An energy audit must show that energy improvements are necessary. The audit also will determine priority of improvements. i 5) The property must have been built before 1980. Applicant Eligiblity: Applicant(s) must meet all of the following criteria: 1) be a current heating customer of Northern States Power or Minnegasco unless specifically authorized by Minnesota Housing Finance Agency (MHFA); 2) must not be seeking, have a current commitment for, or be able to 'obtain within a reasonable period of time, a commitment for the same eligible energy conservation improvements from either the federal weatherization program or HUD 312 program; and must be ineligible 3) to receive assistance through the MHFA Rehabilitation Loan Program. If the MHFA funding is inadequate to make both rehabilitation and energy improvements, an eligible applicant may then apply for funding through the Solar Bank Program. (over) 04 Oa Metropolitan Council 4 300 Metro Square Building ��f I Seventh and Robert Streets Qom St. Paul, Minnesota 55101 °�• Telephone (612) 291 -6359 �fNi C:1't December 15, 1984 Brad Hoffman City of Brooklyn Center 63.01 Shingle Creek Parkway Brooklyn Center, MN. 55430 Be: Minnesota Housing Finance Agency (MHFA) Solar Bank Deferred Loan Program Dear Brad: MHFA has developed the Solar Bank Deferred Loan Program to provide deferred loans for energy improvements to owners who are otherwise unable to qualify for financing to increase the energy efficiency of their homes. They have asked Metro HRA to administer the programs in portions of Hennepin County. Enclosed is a summary of the program and a resolution allowing us to implement the program in your community. The resolution requires city council approval before Metro HRA can begin taking applications from homeowners. The total amount of funds to be allocated for 6 Hennepin County communities is $50,000 and the funds must be spent by March 1, 1985. We encourage your participation in this program and ask that you return the enclosed resolution after your city council has acted on it. Please call me if you have any questions about the program (291 - 6504). We look forward to working with you on this. Sincerely, Laurie Garfield Supervisor Program Services Metro HRA An Equal Opportunity Employer Member introduced the following resolution and 1 L moved its adoption: i RESOLUTION NO. RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET, TRANSFERRING FUNDS FROM COUNCIL CONTINGENCY ACCOUNT TO POLICE DEPARTMENT MOBILE EQUIPMENT ACCOUNT NO. 4553 FOR MOBILE COMMAND CENTER AND APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT.' FOR BIDS FOR VEHICLE FOR THE COMMAND CENTER WHEREAS, the Police Department has requested authorization for purchase of a Mobile Command Center for use during natural disasters and other emergency situations; and WHEREAS, federal matching funds are available for a portion of the cost of the Mobile Command Center; and WHEREAS, the cost estimates of the Mobile Command Center are as follows: Vehicle - $23,000 Equipment - $30,000 Consultant Services for Selection of Mobile Communication Equipment - $6,000; and WHEREAS, the federal share of the cost will be $18,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center as follows: 1. The Finance Director is hereby authorized to transfer the amount of $59,000 from the Council Contingency Account to the Police Department Capital Outlay Account (Mobile Equip- ment Object No. 4553) for the purchase of a Mobile Command Center. 2. The specifications for the delivery of one (1) 14 foot aluminum step van as approved in Resolution No. 84 -177 are hereby approved for the Mobile Command Center vehicle and the City Clerk is hereby authorized to advertise for and receive bids for the delivery of one (1) 14 foot aluminum step van in accordance with said specifications. Date Mayor ATTEST: : 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. /V/ Member Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARVIN TRAUTWEIN WHEREAS, Marvin Trautwein served as a member of the Brooklyn Center Human Rights Commissi-on from November 1980 through December 1984; and WHEREAS, hi.s devotion to the tasks and responsibi.li.ti.es of the Commission contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and ci.vi.c effort for the betterment of the copmiunity merit the gratitude of the ci.ti.zens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Marvin Trautwei.n as a miember of the Human Rights Commission is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: 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. ISN Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MICHAEL STREITZ WHEREAS, Michael Strei.tz served as a member of the Brooklyn Center Park & Recreation Commission from May 1979 through December 1984; and WHEREAS, hi.s devotion to the tasks and responsi.biliti.es of the Conunission contributed substantially to the sound progress and development of the City; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and VRIEREAS, it is highly appropriate that hi.s service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicatd public service of Michael Streitz as a member of the Park & Recreation Commission is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: 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. Merber i- ntroduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JACQUELINE ALBRIGHT WHEREAS, Jacqueline Albright served as a member of the Brooklyn Center Park & Recreation Commission from May 1979 through December 1984; and WHEREAS, her devotion to the tasks and responsibili.ti.es of the Commission contributed substantially to the sound progress and development of the City; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the ci.ti.zens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Jacqueline Albright as a member of the Park & Recreation Commission is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote bei.nq taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved i.ts adoption: RESOLUTION NO. RESOLUTION REGARDING MAYOR NYQUIST'S 1985 SALARY WHEREAS, Mayor Dean Nyqui.st served as Mayor of Brooklyn Center in 1978, 1979, 1980, 1981, 1982, 1983, and 1984 without salary compensation; end WHEREAS, Mayor Nyquist has officially requested that he not be compensated in 1985 for serving as Mayor of Brooklyn Center; and WHEREAS, the City Council is appreciative of Mayor Nyqui.st's gesture and wishes to acknowledge his request and formally direct that no salary be given him in 1985 for serving as Mayor of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct that Mayor Nyquist, at hi.s own behest, not be compensated in 1985 for serving as Mayor of Brooklyn Center. Date Mayor ATTEST: 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 20, 1984 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7 :38 p.m. ROLL CALL Chairman George Lucht, Commissioners Nancy Manson, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht noted that Commissioner Molly Malecki had stated she would be unable to attend and was excused. APPROVAL OF MINUTES - December 6, 1984 Motion by Commissioner Sandstrom seconded by Commissioner Ainas to approve the minutes of the December 6, 1984 Planning Commision meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84039 (New Horizon Enterpr Inc.) Fo 1� owing - the Chairman's exp a�nation, the Secretary proceeded with the third business item on the agenda since no other applicants were present. The item of business was a request for a determination that day care centers be considered similar in nature to educational uses so that a center may be located in the Park Nicollet Med Center building at 6000 Earle Brown Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information sheet for Application No. 84039 attached). The Secretary also reviewed a draft ordinance amendment to allow day care centers by special use permit in the C1 and C2 zoning districts, subject to certain special conditions and requirements (see draft ordinance amendment attached). Commissioner Sandstrom asked what would keep someone from trying to put an educational use in a shopping mall. The Secretary stated that if the City Council determined that a particular day care center were an educational use, then it would be exempt from the ordinance amendment P e t restrictin g the location and site characteristics of day care centers in commercial zoning districts. The Secretary stated that the staff would consider an r y e which had to be licensed by the Department of Public Welfare as being a day care center and not a school. Chairman Lucht asked the applicant whether she had anything to add. Ms. Sue Dunkley, representing New Horizon Enterprises, Inc., stated that she had nothing to add to the report or the draft ordinance. Commissioner Sandstrom noted that the playground would be located in the parking lot in the case of the Med Center building. He asked how the installation of the playground would affect the parking requirements for the building. The Secretary stated that the parking requirement for the day care center was calculated at one space for every 200 sq. ft. under the "other commercial uses" category and that the 12 -20 -84 -1- r . b' p balance of the building was calculated at the medical formula. He stated that both of these formulas were less restrictive than the retail formula which had been provided for on the site. He stated that there was, therefore, a slight surplus of parking. There followed a brief discussion regarding the requirement that half of the surface of the playground be of a pervious material. Commissioner Sandstrom asked whether the ordinance amendment would do much for day care centers in Brooklyn Center. The Secretary stated that it would open up the C1 and C2 zoning districts to day care, subject to certain restrictions and requirements. Ms. _Dunkley stated that there are not that many day care centers in commercial locations anyway since day care centers are generally not profitable to locate in commercial areas. Commissiner Manson cited the fact that Brooklyn Center could still control the location of day care centers in commercial districts since none presently existed. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 84039 (New Horizon Enterprises, Inc. Motion by Commissioner Ainas seconded by Commissioner Manson to recommend denial of Application No 84039 on the basis that day care centers are not considered to be similar in nature to an educational use. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT RELATING TO DAY CARE CENTERS IN COMMERCIAL ZONING DISTRICTS '~ Motion by Commissioner Manson seconded by Commissioner Sandstrom to 'recommend adoption of an ordinance amendment to allow day care centers in the C1 and C2 zoning districts by special use permit and subject to certain special conditions and requirements.- Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84040 (Normandale Tennis Clubs, Inc.) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to add a multiple purpose building for basketball, volleyball, etc. to the racquet and swim club at 4001 Lakebreeze Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84040 attached). The Secretary explained briefly that the main building of the complex had somewhat less floor space than originally calculated and that there were more stalls provided on the west side of the site than in the original site plan approval. He stated that the combination of these factors made it possible for the new multiple purpose building to be accommodated on the site without increasing the size of the potential parking ramp that is to serve as proof -of- parking. The Secretary also noted that he had a phone conversation with Mrs. Jackmann who lives on the west side of Azelia Avenue North across from the site in question. He related her opposition to the basketball court, but noted that she had been somewhat confused as to the nature of the addition and was unable to attend for health reasons. Chairman Lucht noted the use of the word "gymnasium" in the staff report and asked that it be changed to some other description inasmuchas gymnasiums are not permitted to abut R1, R2, or R3 zoned property. He stated that he did not consider this to be the type of gymnasium or the type of use that was comprehended under the term "gymnasium" in the Zoning Ordinance. 12 -20 -84 -2- y r Chairman Lucht then asked the applicant whether he had anything to add. Mr. Alan Kimpell of KMR Architects, representing Normandale Tennis Clubs, stated that he had nothing to add. PUBLIC HEARING (Application No. 84040) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak. Noting that no one was present beside the applicant, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Manson to close the public hearing. The motion passed unanaimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84040 ( Normandale Tennis Clubs) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 84040, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The new multi - purpose building shall be equipped with an automatic fire extinguishing system to meet NFPA standards which shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3. All conditions pertaining to Application No. 83051 continue to apply to this approval. Voting in favor: Chairman Lucht, Commissoners Manson, Ainas, Sandstrom, Nelson' and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84041 (City of Brooklyn Center) The Secretary then introduced the next item of business, a request for site and building plan approval to expand the retail building at 1500 69th Avenue North for use as a City liquor store. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84041 attached). The Secretary then reviewed with the Planning Commission the issue of exterior treatments and referred their attention to a three dimensional model of the proposed liquor store. He stated that the Commission should consider whether the mixture of treatments is consistent with past City policy. Commissioner Sandstrom asked whether the metal fascia would match the color of the cedar shakes. The Secretary responded in the affirmative. Commissioner Sandstrom asked why there was a need for expanding the building. The Secretary stated that it represented about the same amount of spaces as the City is presently leasing in the Humboldt Square Shopping Center. There followed a discussion of the exterior treatment of the building. Commissioner Sandstrom asked whether the City would allow someone else to have a mixture of treatments such as is proposed in this case. Chairman Lucht pointed out - that Dale Tile has some mixture of exterior treatments on their complex. The Secretary added that the Mobil Station and Superette at 69th and Brooklyn Boulevard also would have some mixture of treatments, but were considered to be compatible and uniform in appearance. Commissioner Ainas stated that the trend in architecture is toward diversity of treatments rather than uniformity. 12 -20 -84 -3- x Chairman Lucht stated that, although it was not a planning issue, he preferred that the City get out of the liquor business altogether. Commissioner Bernards pointed out that, if the City did phase out of the liquor business, the building would be more marketable with the - expansion and site modifications proposed by the City. The Secretary explained that the City Council had decided to purchase the old 7 Eleven building for a freestanding liquor store because of the high rent that it was paying at the Humboldt Square Shopping Center. He stated that it was felt that the City could pay for the acquisition and expansion of the new liquor store through saving in rent. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84041 (City of Brooklyn Center) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 84041, 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. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Plan approval acknowledges a "proof -of- parking" for the 33 parking spaces required for this expanded use and authorizes the deferral of up to 3 parking spaces. While the motion was on the floor, Chairman Lucht asked the Commission whether they concurred that the exterior treatment was acceptable. He asked whether it would be appropriate to require that the color of the metal fascia be compatible with the cedar shakes. The Secretary stated that such a concern would be reflected in the minutes. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 8:52 p.m. and resumed at 9 :11 p.m. DISCUSSION ITEMS 1985 Meeting Schedule 12 -20 -84 -4- r r The Planning Commission briefly reviewed its 1985 meeting schedule. By consensus it was adopted. Draft Interim Ordinance The Secretary then reviewed with the Planning Commission the action that the City Council had taken regarding the question of directing staff to prepare a Draft Interim Ordinance. The City Council had declined to direct staff to prepare such an ordinance by a tie vote. The Secretary explained that he had prepared a memo explaining the Planning Commission's discussion of the matter at its December 6 meeting and its recommendation that the Council consider an Interim Ordinance prohibiting commercial development on vacant C2 and I -1 zoned land within the City. The Secretary stated that the Council had had questions about the specifics of the study that would be undertaken during the time of such an Interim Ordinance. He stated that the staff would consider during the next month the specifics for a proposal for a study. The Secretary then reviewed a Draft Interim Ordinance based on a similar ordinance that had been prepared by the City Attorney for the City of Independence. He also reviewed with the Commission the locations of vacant C2 zoned land and the number of acres of vacant C2 land relative to the acres of land presently developed in retail use. He stated he felt there was a need to evaluate the future development of these vacant parcels. Commissioner Sandstrom asked whether the study would look just at the vacant parcels. The Secretary answered that the study would also look at the question of whether there is a saturation point in terms of retail development in this area. He stated that the study should look not only at the highest and best use for an owner or developer, but also for the City's needs. Commissioner Sandstrom asked whether the City would not be shutting off future growth in Brooklyn Center for at least one year. The Secretary stated that industrial development would not be prohibited. Commissioner Sandstrom asked whether such a moratorium would be legal. The Secretary answered that it would be legal under State law if the City is doing a study while the moratorium is in place. Commissioner Sandstrom asked what would happen if a good use wanted to develop on some of this vacant land affected by the moratorium. The Secretary and Chairman Lucht both answered that the purpose of the study is to determine what is a good or proper use for those parcels so that the land can be appropriately zoned. The Secretary stated that a question for the Commission to resolve is whether the moratorium is to apply to retail development only or to any development of commercially zoned land. The Secretary stated that the City should not allow a development to go forward while the study is being undertaken, unless it decides to abandon the study altogether. Commissioner Bernards asked whether the City was trying to head a particular developer off. The Secretary answered in the negative. He stated that the staff were recommending a time -out to look at the best use of remaining vacant land from the community's perspective. He stated that Target has looked at a significant — development at the former' Byerly's site and that this prospect has raised the question. He added, however, that the idea of the moratorium was not to stop Target, but to look at the question of retail use altogether. . Commissioner Sandstrom asked whether the moratorium could be less than one year. The Secretary pointed out that if the study were completed and the recommendations 12 -20 -84 -5- implemented, the ordinance could be repealed allowing development in less than one year Is time. Commissioner Manson asked whether a restaurant development could go ahead under the moratorium. The Secretary answered that, under the draft prepared by the staff, the answer would be yes, but that under the Planning Commission recommendation, the answer would be no. Chairman Lucht stated that the City could do the wrong thing if it prohibited only retail development. The Secretary agreed, noting that there were risks involved under either type of moratorium. There followed further discussion of the possible study to be undertaken during a moratorium and on whether the moratorium should be on only retail development or on all commercial development of C2 and I -1 zoned land. There was general agreement among the Commissioners that the moratorium should be on all commercial development, rather than on retail only. ACTION RECOMMENDING DRAFT INTERIM ORDINANCE AMENDMENT Motion by Commissioner Manson seconded by Commissioner Ainas to recommend adoption of an interim ordinance declaring a moratorium on all commercial development of vacant C2 and I -1 zoned land within the City for a period of one year during which time a study would be performed on the question of the best use of those parcels for the betterment of the community. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:03 p.m. Chairman 12 -20 -84 -6- r r Planning Commission Information Sheet Application No. 84039 Applicant: New Horizon Enterprises, Inc. Location: 6000 Earle Brown Drive Request: Determination This application was reviewed by the Planning Commission at its December 6, 1984 meeting. At that time, the Commission tabled the application and directed staff to prepare a draft ordinance amendment making day care centers a special use in the C2 zoning district. This is an alternative means of addressing day care centers than the applicant's request that day care centers be determined to be similar in nature to "educational uses" which is listed as a permitted use in the C2 zoning district. Staff have prepared a draft ordinance that would make day care centers a special use in the Cl and C2 zoning districts. Day care centers would not be permitted to abut certain intense commercial uses such as gas stations or convenience food restaurants which, in turn, are not permitted to abut R1, R2 or R3 zoned property. Speciai conditions would apply to day care centers in commercial districts similar to the conditions which apply to office uses in the R5 and I -1 zoning districts. Finally, the draft amendment would stipulate certain site requirements on the outside recreational areas at day care centers in the Cl and C2 districts. The requirements are intended to make the play area a substantial component of the site, separated from commercial traffic as much as possible. Staff will be prepared to discuss the draft ordinance in further detail at Thursday's meeting. Minutes of the previous discussion are enclosed. It is recommended that the Planning Commission recommend rejecting the determination sought by the aplicant in favor of an ordinance amendment making day care centers a separate, acknowledged special use in the Cl and C2 zoning districts. i 12 -20 -84 DRAFT ORDINANCE AMENDMENT , ORDINANCE N0. AN ORDINAf AMENDING CHAPTER 35 REGARDING THE LOCATION OF DAY CARE CENTERS IN COMMERCIAL ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -320 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 35 -320. Cl SERVICE/OFFICE DISTRICT 3. Special Uses b. Group day care facilities provided they are not located on the same property as or adjacent to a use which is not permitted to abut R1, R2, R3 zoned land and provided that such develop- ments, in each specific case, are demonstrated to be: 1. Compatible with existing adjacent land uses as well as with those uses permitted in the C1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the C1 district generally. 3. Of comparable intensity to permitted Cl district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. and further provided that the special r set forth in R Section 35 -411 are adhered to. I+ ORDINANCE NO. Section 2. Section 35 -322 of the City Ordinances of the City of Brooklyn . Center is hereby amended by the addition of the following: Section 35 -322. COMMERCE DISTRICT 3. Special Uses 9. Group day care facilities provided they are not located on the same property as or adjacent to any use which is not permitted to abut R1, R2, or R3 zoned property and provided they are not located in a retail shopping center; and further provided that such developments, in each specific case, are demonstrated to be: I. Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2. Complementary to existing adjacent land uses as well as wit those uses permitted in the C2 district generally. 3. Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5. Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the ' special requirements set forth in Section 35 -412. -2- ORDINkNCEJ10. Section 35 -411. SPECIAL REQUIREMENTS IN Cl AND CiA DISTRICTS 6. In the case of group day care facilities, outside recreational areas shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height ;or a Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by Parking and driving areas. Section 4. Section 35 -412 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 35 -412 SPECIAL REQUIREMENTS IN C2 DISTRICTS 7. In the case of group day care facilities, outside recreational d facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height or Council approved substitute shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wail of the building or to an adjacent property iine, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. -3- Planning Commission Information Sheet Application No. 84040 Applicant: Normandale Tennis Clubs Location: 4001 Lakebreeze Avenue North Request: Site and Building Plan/Special Use Permit The applicant requests site and building plan and special use permit approval to construct an enclosed volleyball/ basketball court at the racquet and swim _ club under construction at 4001 Lakebreeze Avenue North. The property in question is zoned C2 and is bounded by Lakebreeze Avenue on the north, by Denny's Restaurant on the east, by Highway 100 on the southeast and south, and by a single - family residence and Azelia Avenue on the west. The gymnasium addition is considered to be accessory to the racquet and swim club and, as such, an expansion of a permitted special use in the C2 zoning district. The proposed gym expansion is to the southwest of the principal building and is connected by an enclosed skyway corridor. The proposed expansion comes to 10,160 sq. ft. of gross floor area. Added to the 83,641 sq. ft. of the previously approved building, the total floor area of the complex comes to 93,801 sq. ft. One of the twelve proposed tennis courts will not be built as a result of the addition. Under the newly adopted formula for racquet and swim clubs (20 spaces for the first 1,000 sq. ft., plus one space per 300 sq. ft. thereafter, plus 2 per outside tennis court), the total parking requirement comes to 352 stalls. The site plan provides 262 at grade stalls, plus the possibility of 103 additional stalls through the construction of a parking ramp, for a total proof- of - parking of 365 stalls, 13 in excess of the new requirement. The City and Normandale Tennis Clubs, Inc. have concluded an agreement requiring the installation of the parking ram if the Ci determines it is necessa The w licant is constructing such P Y Y PP a ramp at a similar facility in Bloomington. The proposed addition is to be set back 50' from the Highway 100 right-of-way. The new building area is to be roughly 60' x 144', containing a recreational area large enough to house a college -size basketball court and a storage area. The exterior treatment is to be a continuation of the style and materials being used in the main building, with glass block at three corners, face brick along the lower level and stucco panels accented by a colored metal band for the two upper levels. No significant changes are proposed in the original landscape, grading, or utility plans. The plans appear to be in order and approval is recommended, subject to at least 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. The new multi- purpose building shall be equipped with an automatic fire extinguishing system to meet NFPA standards which shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 12 -20 -84 Planning Commission Information Sheet Application No. 84041 Applicant: City of Brooklyn Center Location: 1500 69th Avenue North Request: Site and Building Plan The applicant requests site and building plan approval to construct an addition to the retail building at 1500 69th Avenue North. The property in question is zoned C2 and is bounded by a four -plex on the west, by the Brookdale Towers Apartments on the north, by Humboldt Avenue 'North on the east, and by 69th Avenue North on the south. Previously, the building was a 7- Eleven store. The new use of the expanded building is to be a City Liquor Store to replace the current store in Humboldt Square Shopping Center. The building addition is to be to the south side of the existing building, 16' x 60'. The floor area of the building, with the addition, will be approximately 3,688 sq. ft. The parking requirement under the retail parking formula is 33 stalls. The proposed site plan shows parking for 30 cars. Three additional stalls can be provided at the southwest corner of the building. No changes in the accesses are proposed. A 13' wide driveway for deliveries behind the building is planned. The dumpster and enclosure which was located at the northeast corner of the former site will be removed. The dumpster will be located within the building. The building exterior is to remain face brick. The mansard with cedar shakes will remain on the north and west elevations. An overhang with a 5' 5" vertical prefinished metal fascia will be provided on the west and south elevations. A circular corner at the southwest corner and a freestanding column at the south- east corner of the building will also have a prefinished metal exterior. The Commission should address the issue of whether this combination of treatments meets the intent of the past policy of consistent exterior treatments. No landscape changes are proposed. Modifications to parking and driving areas will include provision of curb and gutter around any new parking and driving areas. In general, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject review and approval by the 'Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits., 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. The building is to be equipped with an automatic fire extinguishirg system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 12 -20 -84 -1- Application No. 84041 5. Plan approval exclusive f all si ner which is subject to pp s o a g y � Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Plan approval acknowledges a "proof of parking" for the 33 parking spaces required for this expanded use and authorizes the deferral of up to 3 parking spaces. • t 12 -20 -84 -2- f Member introduced the followin g resolution and bl moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR REMODELING OF LIQUOR STORE NO. 1 LOCATED AT 1500 - 69TH AVENUE NORTH ------------------------------------------------------- WHEREAS pursuant to Resolution No. 84 -172, Lindberg Pierce, Inc. has prepared architectural plans for the proposed remodeling of Liquor Store No. 1 building, located at 1500 69th Avenue North and said firm has presented such plans and specifications to the City Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: LIQUOR STORE NO. 1 REMODELING PROJECT N0. 1985 -03 2. Such plans and specifications for Contract 1985 -C for said improvement are hereby approved and ordered filed with the City Clerk. 3. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until 11:00 A.M. on February 21, 1985, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M. on February 25, 1985, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City fo 5 percent of the amount of such bid. Date Mayor ATTEST: 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 b C� Notice is hereby given that a public hearing will be held on the of 1984 at p.m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance regarding t he location of day care centers in commercial zoning districts. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE LLOC'ATIO� OF GROUP. DAYCARE FACILI JN COMME ZON.ING : DISTRIC.TS, THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -320 of the City Ordinances of the City of Brooklvn Center is hereby amended by the addition of the following: Se ction 35 -32 0. Cl SERVICE /OFFICE DISTRICT 3. Special Us b. Grou day ca facilities ,provid the are not located on tine sam pr o�lerty as or adj acent to cas which is not perm itted to anut R1, R2, 73 zoned o f nd and pro vided th at such dev - D- ments, in each specific case, are demonst to be: 1. Comp w ith existing adjacen land uses as well as ,it° t hose us in the Cl district caeneera_TT 2. Complementary to e xisting adjace la nd uses as well a t o th u permitted - in J the Ci d generaT' 3. Of com inten sity to permit Cl di strict lan u ses wi _ res pec t to activotyre - -� 4. Planned and designed to assure that ^nerated traffic will �e w din he ' - capacity o= of av [able 11 7pi b is fa ciIitiesand rvi1 not have an adverse impac upon thos faci Tities, the immediate ne ichbo r hood, or the comm 5. Tr affic g enerated by o ther us es on the si w ill not pose a danger to ch T Tdre seroed by the dav care u se. and fu rther provided that the speci reg uii•rern2 nts s et fort,•; in Section 35 -47f a adhered to. Section 2. 5, 35 -322 of the Cit Ordinances of the City of Srco ;1yr Center i s her " . by the add i ti on of the fo1 1 owi ng: Sect ion 35 - 322. COMMERCE DISTRICT 3. Special lases Grou day care faci prov they are not locat on L Same ro ert' as o r ad,acent't l a�is� S� W� i1Ch l it ^t pe _po 3bt R R2. o RJ_z p o pzr y and "_r_o they are n ot i ocated in a rotail 1 cen and url - her . provid that such de velo pm ents. in each spe cas arc- 6 emonstratei_ Eo be: �" —_ ORDINANCE CVO. Compatible wit ex isting adjacen la uses as well as With-1— use per in the C di strict ge ' 2. Com plementa ry - to existi adjace la nd uses as well as W1 t th ose uses pe in the C2 district ge 'f . 3. Of co intensity to permitted C2 district land uses with respect to act i vi t- le 4. Plan and desig to assure that generated traffic will be withinth capacity of ava pule face itie5 and +rr — nbt have an adverse imp act u pon those facilities, the i neighborhood, or the comm unity. 5 Tra g enerated by other uses on the s ite will not nose a clanue t o children served bar - tie oay ca use. Furthermore group day care facilitie shall be sub ject to the special re ^,u i remen set fo rtis i n Se 35 -41 -� Section 3. Section 35 -411 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following, Se ction 35 -4 . 11. SPECIAL REQUIREMENTS IiV C1. AND CIA DISTRICTS 5. I n the case of grou da care faciliti outsir:e recreational facilitie s - s a -F be appropriate y separated from the parking and d -- ar eas by a wood fence no less than fou feet in he 6 T a Co_ uIIci a-0 rove ab d ss titu t`; spa e o "fcited conti oT to the (nd car` faci itv; shag riot `� ocated in any yard abutting a major thoroughfare unless baffered by a d evice set forth in Section 35 - 4 00, raatnote TG, sg�a n ot Have an impervious surface for more th 9_T tae y as ni�round ar and s h a exten a t as r le t - 0 fe from the waTT" - of the bui Id ing or to a adjace property_ lri r,e , w is _ less, o shall be bounded on not mo re tha - t'r5c _ side b — pa rking an dr iving areas Section 4. Section 35 -412 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Sec 35 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS 7. In th case o gro day care fac ilit ie s, out recreati fac ilities sna be app ropriate sep, �ra�,ed from the parkin; and drivin areas a a >>ood fe nce notno ss�'chan four fee in nei ht; or Co_u_n' i aopro� lee sub shall be T ocdted cantig,, :- ous t the day tare fac - pit y; sha n ot ir e' o c _ate in -any yard abutting a major - orcughfar ;anle buffered by - a devic set for in S ction 35 -4 Footnote_ 1 sila - - ! ' 1 no t n ave an impervi Surface for ii Orr - thdn lid - T - f tile - playground area; and sham Extend at — TeasL 6O fnet from the �r�a of �h� � 2 ,Inc or to ah a r�ra ri 'Ti ^n� .n� chev r js less __ ^r shall be b_o9.nded o noi: o s :to t hin -_ by ; arld �i :� rivi ' f' =ru6•.. __' ORDINANCE NO. Section 5. Section 35• -900 of the City Oruinances of the City of Brooklyn Center is hereby amendeu by the addition of the following: Se ction 35 - _900. DEFINITIONS. The language set forth in the text of this zcning ordinance shall be interpreted in accordance with the following defir,i tion. Words used it the present tense small include the future; words use': in the singular include the plural and the plural incl =udes the singular. Group d c are facility: A facilit licensed by the Minnesota Department of Pu b] i c Welfare to �rc ide child care for s ix or more r. °iTu >r, at one time. This term also i but is not limited to, faci1it inav programs fo chi I — u - ren K"1 vi as nu rsery scho oT's , d ayJ nurseri child +1 re Ce1,t ;7 a, group uay care ce nters, cooperative d ay care cente and H St art �prog Sect 5. This ordinance shall become effective after adoption and upon thirty 1 30)days follov. its legal publication. Adopted this day of 19 Mayor ATTEST: C erf< Date of Publication Effective Date (Underline indicates new muter brackets indicate matter to be :deleted). 35-320 2. Special Requirments a. See Section 35-411 of these ordinances. 3. Special Uses. a. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. Section 35 -321. C1A SERVICE /OFFICE DISTRICT 1. Permitted Uses (No height limitation) a. All of the permitted uses set forth in Section 35 -320 shall be permitted in a building or establishment in the C1A district. 2. Special Requirements a. See Section 35 -411 of these ordinances. 3. Special Uses. a. Accessory off -site parking not located on the same property with / the principal use, subject to the provisions of Section 35 -701. y" Section 35 -322 C2 COP-MERCE DISTRICT 1. Permitted Uses a. The retail sale of food. b. Eating establishments, provided they do not offer live entertainment and further provided . p vlded that the category does not g Y permit drive -in eating places and convenience -food restaurants. c. The following uses: 1. The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2. The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3• The retail sales of apparel and related accessories. 4• The retail sale of furniture, home furnishings and related equipment. ' 5• The retail sale of miscellaneous items such as the following: Drugs and proprietory items 35 -322 Liquors Antiques and second hand merchandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies Gifts, novelties and souvenirs Pets Optical goods Sporting goods and bicycles d. Service /office uses described in Subsection (b) through (u) of Section 35 -320. e. The following repair /service uses: 1. Electrical repair service shops. 2. Household appliances, electrical supplies, heating and plumbing equipment. 3. Radio and television repair service shops. 4. Watch, clock and jewelry repair service shops. 5. Reupholstery and furniture repair shops. 6. Laundering, dry cleaning and dyeing. 7. Equipment rental and leasing services. f. The following medical and health uses: 1. Hospitals, not including animal hospitals. 2. Medical laboratories. 3. Dental laboratories. g. The following contract /construction uses: 1. Building construction contractors offices. 2. Plumbing, heating and air conditioning contractors offices. 3. Painting, paper hanging and decorating contractors offices. 4. Masonry, stone work, tile setting and plastering contractors offices. 5. Carpentering and wood flooring contractors offices. 35 -322 6. Roofing and sheet metal contractors offices. 7. Concrete contractors offices. 8. Water well drilling contractors offices. h. Educational uses. i. Accessory uses, incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3• Outside display and sale of merchandise provided that an administrative permit is first obtained pursuant to Section 35 -800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. 2. Special Requirements a. See Section -412 of the ordinances. 35 se or a es. 3• Special Uses a. Gasoline service stations (see Section 35 -414), motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. b. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal buiding) provided adequate parking is available consistent with the Section 35 -704, 2 (b) and 2 (c). c. Drive -in eating establishments and convenience -food restaurants provided they do not abut an R1, R2, or R3 district including abutment at a street line. d. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks; gymnasiums and suntan studios, all provided they do not abut an R1 , R2, or R3 district, including abutment at a street line. 35 -322 e. The sale of motor vehicles at retail.- f. The out -of -door display and sale of marine craft at retail. g. Transient lodging. h. Animal hospitals. i. Public transportation terminals (excluding truck terminals). j. Clubrooms and lodges. k. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. 1. Sauna establishments and massage establishments, provided they do not abut any residential (R1 through R7) district, including abutment at a street line. m. School bus garage facilities provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly an enclosed building hY uildin and further provided it does not g P abut any residential (R1 through R7) districts, including abutment at a street line. n. Amusement centers provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. o. Automobile and truck rental and leasing. p. Tennis clubs, racket and swim clubs and other athletic clubs and health spas. Section 35 -330. I -1 INDUSTRIAL PARK 1. Permitted Uses a. The following manufacturing activities: 1. Pood and kindred products as illustrated by: Dairy products Bakery products Confectionery and related products Beverages, with the exception of malt liquors Macaroni, spaghetti, and noodles 2. Apparel and other finished products made from fabrics, leather, and similar materials. 3. Lumber and wood products, except; saw mills M A f , CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the of , 1985 at at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Charter. ORDINANCE NO. i AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING HOLIDAY LEAVE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 17 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: SECTION 17 -117. HOLIDAY LEAVE. holidays: 1. Holidays Defined. Holiday leave shall be granted for the following New Year's Day January 1 Washington's & Lincoln's Birthdays Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Christopher Columbus Day Second Monday in October Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Post- Thanksgiving Day Friday after Fourth Thursday in November Christmas December 25 Floating Holiday Scheduled with permission of employees' supervisor. Floating holidays must be taken within the calendar year; they cannot be accumulated. 2. Major Holidays. When New Year's Day, Independence Day, Veteran's Day or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees absent from work on the day following or the day preceding such a three -day holiday weekend without the express authorization of the City Manager shall forfeit their rights to holiday pay for that holiday. ORDINANCE NO. 3. Premium Pay. Employees who work a Monday through Friday work week who are required to be on duty on any holiday as set out in paragraph 1 as qualified in paragraph 2, shall be paid time and one -half for the hours worked in addition to the holiday pay. and Police Department Clerk- Dispatchers who are required to be on duty on the day shift on Thanksgiving, the midshift on Christmas Eve, the next succeeding night shift, and the next succeeding day shift on Christmas Day, the mid shift on New Year's Eve, the next succeeding night shift, and the next succeeding day shift on New Year's Day shall be paid time and one -half for the hours worked in addition to the holiday pay.] Time and one -half pay in addition to straight compensatory time off shall be granted to Police Clerk /Dispatchers for hours worked on Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and N Year's Day. 4. Irregular Work Schedules. In the case of those employees whose work function involves working chedules g other than a Monday through Friday workweek, compensation for holidays shall be as follows: a. Compensatory time off shall be granted for each of the earned and accrued holidays defined in paragraph 1. Each time off shall be taken as soon as practicable after the holiday for which it is accrued and as approved by the Employer. b. Except as provided in paragraph 3 of this section and paragraphsc and d below, premium pay shall not be authorized to those persons working irregular shifts for hours worked on holidays when such work is part of the planned schedule. c. Compensation for holidays in the form of premium time and one -half pay in addition to holiday pay may be authorized for employees working irregular shifts only when the City Manager deems it imperative that such compensatory time as may be accrued be waived, with the employee's consent, in the best interests of the City. d. Time and one -half pay in addition to straight compensatory time off shall be granted to those persons working irregular shifts for hours worked on Memorial Day, Independence Day�abor t hanksgiving Day, Christmas Day, and New Year's Day. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. g Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) M & C N0. 85 -01 p Q January 11, 1985 FROM THE OFFICE OF THE CITY MANAGER SUBJECT: Retail Land Development Moratorium To the Honorable Mayor and City Council: Attached please find a copy of a memorandum from Mr. Ron Warren, Director of Planning and Inspections, relating to the proposed study of future commercial development areas and the proposed moratorium. Also attached please find a copy of a letter from the Brooklyn Center Chamber of Commerce dated January 8, 1985 opposing the proposed moratorium. I would like to make a few 'additional comments in support of Mr. Warren's recommendations and the staff's proposal for a "retail development" moratorium. First of all, I would like to make some comments regarding the reasons and the rationale on the part of the Chamber of Commerce for its opposition to the moratorium. The Chamber of Commerce states its first reason for their opposition is that there is very little vacant retail space currently in Brooklyn Center. When our Assessing staff discusses with the retail shopping center owners in Brooklyn Center their value, they complain about too much retail rental space being available and vacancies. Our "facts" differ from theirs. One of the questions we are attempting to ask, before we build any more retail space, is do we have enough traffic and other municipal systems capability to handle the remaining development within the commercial /industrial areas of Brooklyn Center? Secondly, the Chamber states that recent studies have shown developers are concentrating on inner ring suburbs as opposed to outer ring suburbs. I fail to see the relevancy of this remark. Because of Brooklyn Center's location we would anticipate within the next ten years or so that regardless of what the land is zoned in the Brooklyn Center Industrial Park -- industrial, office, or retail commercial -- chances are it will be built on. The real question is will the mix of development that occurs on this land in the future be compatible with the existing developments. Also will, over time, the traffic systems and other municipal systems be able to handle the development and allow it to be a successful asset to the community rather than a continuing problem. The third objection or reason presented by the Chamber relates to the fact that Brookdale is one of the least dense areas of retail in relation to the population density of the area. This may or may not be the case. We haven't analyzed it but part of the study would give us a good idea regarding the capability of our traffic and other municipal systems to handle whatever density will occur in the area. It is possible the results of the study would say the area could handle more retail traffic. Or it may be able to differentiate between types of retail in relation to its traffic generation and give us controls which will allow us to produce a balance of retail, industrial, and residential in our industrial /commercial areas. The fourth reason they give for opposing the moratorium relates to the fact it will negatively impact local developers who currently have major parties interested in retail development on C2 land. We recognize this is a problem for the developers. The moratorium recommendation was not an easy one to make, and no matter . when a municipality takes time to study something it can delay or affect someone somewhere. If the only criteria for taking time to study something was whether it didn't delay someone or adversely affect someone, I can hardly think of a time when a City could do any planning or planning studies. The staff's recommendation for a retail M &C NO. 85 -1 -1-, January 11, 1985 moratorium to allow for the accomplishment of a study, which we anticipate would run between six and eight months, is as narrow and a short of eri d o f o time as we believe e necessary. The Chamber of Commerce in the past on numerous occasions asked the City to slow down and delay action while it gave them time to study any of our actions. I believe as a courtesy they ought to consider a similar request by the City in terms of its needs. The fifth reason given for opposition stated as the best mix of business in the area is provided by competition rather than mandate. At no time in the discussion of the moratorium was I aware of the fact we were going to mandate uses and development. Of course, to a certain extent by zoning it industrial or commercial we are saying you get one or the other. But what we are saying is that given the existing grouping of land uses in our commercial and industrial area and looking out in the future at the anticipated development, we think before we go any further we should stop and take a short look at the densities and the compatibilities of these uses so they do not break down our traffic and other municipal systems. The Chamber of Commerce's purpose is to promote the business community. Their chief interest and direction is in that area and at times I don't think they necessarily keep in mind the needs of the whole community. I believe it's the job of the City Council to review our moratorium proposals as their effect on the whole community now and the future. Resp 1y bm' ted, Gerald G. linter • City Man er U MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspect n , a.6 DATE: January 9, 1985 SUBJECT: Study Regarding Future Development of Vacant Commercially Zoned Land The City Council during its December 17, 198+ discussion on a recommendation regarding an interim ordinance suspending certain development in the City, directed the staff to provide them with additional information regarding a study which would be conducted in conjunction with a proposed moratorium. Such a study would generally be for the purpose of analyzing and determining the best utilization of the remaining vacant commercially zoned land within the City from the perspective of the overall betterment of the community. The term "highest and best land use" is often associated with or used as the criterion for determining the appropriate land use classification of an particular y p ocular land area. The assumption " tion is that if land p a d is zoned "highest d g est an best It will be developed and utilized in the best interests of the community. Currently there are only about 36 acres of vacant C2 zoned land within the City, the locations of which are, for the most part, in the central commercial area of the City adjacent to Shingle Creek Parkway and Summit Drive and around the Lynbrook Bowl (See attached maps showing vacant C2 land) .The reason for the need to carefully study and analyze these areas is to determine what is the "best" utilization of this remaining land, not necessarily what is the "highest" utilization of this land. It certainly can be said that these areas of concern are already zoned "highest" from the standpoint of variety of uses allowed and traffic generated, the question we believe must be answered is whether maximization of development under the current zoning is A the he "best" use of the land from an overall community standpoint. Retail development represents maximization in terms of uses permitted in the C2 zoning district. Any study to be conducted in conjunction with a moratorium should contain or address the following: 1. An analysis of the problems, if any, that might come about if all the remaining vacant C2 zoned land is developed in a manner that maximizes its potential. Another way of stating this is "what effect, positive or negative, would a maximization of the remaining C2 zoned land and also I -1 zoned land have on the community ?" 2. A traffic and land use analysis of the affected and surrounding areas for the purpose of determining what balance of commercial, industrial and /or residential uses should be achieved with complete development and still maintain a quality environment and remain compatible with adjacent land uses. The analysis should determine whether generated traffic would remain within the existing roadway capacities at an acceptable level of service. 3. How much retail development or office, industrial or residential development in the affected area is too much from both a public facilities perspective and a market perspective? i d. I w1, CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at .m. at the City Shingle p y Hall, 6301 S z gle Creek Parkway, to consider an amendment to Chapters 3, 15 and 35 of the City Ordinances establishing a moratorium on development of certain commercially zoned land within the City of Brooklyn Center. ORDINANCE NO. AN ORDINANCE ESTABLISHING A MORATORIUM ON DEVELOPMENT OF CERTAIN COMhERCIALLY Z014ED LAND WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapters 3, 15 and 35 of the City Ordinances of the City of Brooklyn Center regulating construction and land development are amended as described herein. Finding of Facts. The City Council of the City of Brooklyn Center finds that it has authorized a study to be conducted which would analyze lyze and determine future commercial needs within the community and make recommendations regarding possi617 comprehensive Plan amendments and amendments to its official controls. The City Council further finds that in order to protect the Planning rp ocess and the health, safety and welfare of the City of Brooklyn Center, an Interim Ordinance regulating, restricting, and prohibiting certain kinds of land development within the City is necessary. Moratorium Established. A moratorium is hereby established regulating land development as hereinafter set forth from the ep riod beginning upon the effective date of this ordinance, and en, ding one gear hence. Land Development Prohibited. No plans shall be considered or approved by the City of Drooklyn Center involving new construction and development proposals comprehended by uses listed in Section 35 -322 of the City Ordinances on all currently undeveloped land containing no principal or accessory use within the C2 and I -1 zoning districts in the City of Brook X2 Center. `- Plan Approvals Prohibited. No application for approval of any preliminary plat, special use permit, plan approval, variance or building permit shall be accepted or a roved the City of Brooklyn Center for new commercial construction or development on currently undeveloped C2 or I -1 zoned land during this e� riod of moratorium. Penalties. Violation of the provisions of this ordinance or failure to comply with M of its requirements shall constitute a misdemeanor. Any ep rson who violates this ordinance or fails to c omply with an of its re uirements shall may_ „ � q , upon conviction thereof by lawful authority, be fined not more than $700.00 or imprisoned for not more than 90 days, or both, and in addition, shall aay all cost s and expenses T of prosecution. Each day such violation continues shall be considered a separate offense. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapters 3, 15 and 35 of the City Ordinances establishing a moratorium on development of certain commercially zoned land within the City of Brooklyn Center. ORDINANCE NO. AN ORDINANCE ESTABLISHING A MORATORIUM ON DEVELOPMENT OF CERTAIN COMMERCIALLY ZONED LAND WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapters 3, 15 and 35 of the City Ordinances of the City of Brooklyn Center regulating construction and land development are amended as described herein. Finding of Facts. The �Citt Council of the City of Brooklyn Center finds that it has authorized a study to e conducted which would analyze and determine future commercial needs within the community and make recommendat regarding ssible Comprehensive Plan amendments and amendments to its official controls. The City Council further finds that ' n z order to rotect the P anin g p rocess r ces o s and the health safety and welfar=e of the Cit of Brook Center an Interim Ordinance regu a ing, rests ding and �roF1 ing cer ain i n s3 o�`' Isn`T evd eI'opmen n the City is necessary. —' — Moratorium Established. A moratorium is hereby stablished re ulatin Y g g land development as hereinafter set forth from the period beginnin upon the - — p .._ g g effective date of this ordinance one and endin �� year hence. Land Development Prohibited. No plans shall be considered or approve the City of Brooklyn Center involving new construction and development proposals comprehended by uses listed in Section 35 -322 Subdivision 1a, 1c 3e and 3f of the City Grdinances on all currently undeveloped land no principal or accessory use within the C2 and I -1 zoning districts in the City of Brooklyn Center. Plan Approvals Prohibited. No application for approval of any preliminary plat, Special use permi t plan approval variance or buildinp shall be accepted or a proved by the City of Brooklyn Center for new retail construction or deveropment on Currey undeveloped C2 or I -1 zoned land during this period of moratorium. — — Penalties. Violation of the r�ovi_s_ions of this ordinance or failure to comply with any of its re uirements shall constitute a misdemeanor. n "— q A person who violates this ordinance or fails to comply with any its requirement hall, upon conviction thereof a lawful auEhority, be fined not more than $700. 00 or impriso - nice for not more than 90 days, or both, and in addition, shall pay all costs and expenses of prosecution. Each day such violation continues shall be considered a separate offense. — -- Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Ufi�iNRwCE NC. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted). Brooklyn Center Chamber of Commerce YOUR PARTNER IN PROGRESS January 8, 1985 Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Mayor Nyquist SUBJECT: 'Proposed Retail and /or C -2 Moratorium in Brooklyn Center Recent action by the City Council, staff and Planning Commission has prompted an exploration of the proposed moratorium by the Chamber of Commerce. After due consideration which included presentations by City Manager Jerry Splinter, Planning Director Ron Warren and de- veloper Lombard Properties, both the Economic Development Committee and the Board of Directors of the Chamber strongly oppose a mora- torium. The following reasons were cited during recent meetings: Brooklyn Center currently has very little vacant retail space available to new businesses. As of 1/8/85, 20,376 sq. ft. is vacant (15,867 under negotiation) out of a total of 1,242,750 sq. ft. in the six major shopping areas - or 1.60. Brooklyn Center is considered a major retail area by developers and shoppers alike. Recent studies shots developers are con - centrating on inner -ring suburbs as opposed to outer ring cities. The area around Brookdale is one of the least dense areas of retail in relation.to density of population when comparing it to other major shopping areas. And currently there are only 36 acres left to be developed in C -2 zones in the city. Local developers currently have major parties interested in C -2 zoned areas for which a moratorium could negatively affect the outcome. Historically, the best mix of retail or business in an area is provided by competition rather than mandate. Therefore, we urge in this case that we let the market forces prevail. We hope you will consider our position carefully when studying this proposed moratorium. We will be glad to sit down with you for further discussions on the matter. Best regards, 3300 COUNTY ROAD TEN SUITE 108 m J esen, President BROOKLYN CENTER, MN 55429 cc; Jerry Splinter 612/5668650 Memo Page 2 January 9, 1985 4. How can development of these areas be directed in a way which is complimentary to existing developments within the City so as to avoid the need of future redevelopment of these areas, or other areas, by assuring well designed and balanced initial development? 5. What alternative land uses should be encouraged if the existing permitted land uses are considered unacceptable? 6. An analysis of existing ordinance standards and regulations relating to construction and land development to determine if there is a need for modifications to accomplish community goals. Such an analysis might well concentrate on: a. A potential need to further differentiate between types and intensities of retail or other commercial uses. b. Should some uses permitted in the C2 zoning district be classified as special uses requiring more specific standards affecting compatibility with adjacent uses and existing public facilities. Two ordinances have been drafted for the City Council's consideration, one is an ordinance recommended by the Planning Commission which would suspend all commercial development on currently vacant C2 zoned land and commercial land use utilization on I -1 zoned land. Another ordinance, which was recommended by the staff, would suspend only retail development on currently vacant C2 and I -1 zoned land. The staff reasoning for its proposal is that retail utilization represents maximization of the remaining land which could lead to serious problems for the City from a systems or public facilities perspective. Other commercial utilization of vacant C2 zoned land would not create the maximization problems mentioned above. Retail development also presents a high traffic generation concern that can cause adverse affects on the roadway system and in turn cause adverse impacts on adjacent development which service /office uses and other nonretail commercial uses would not. The staff position is also that alternative land uses, which are less intense than retail uses, may well be the only types of uses which should be considered. The Planning Commission's position on the other hand, is more from a general planning standpoint. Some members of the Commission felt that possibly the best use of the remaining C2 zoned land might be retail, but perhaps retail development of a different caliber or variety with more or less development restrictions. Members of the Commission also felt that suspending only retail development and allowing other commercial development may in the long run have an adverse affect and that it was best to curtail all new development during the time of study. Thus, the two versions are before the City Council for consideration. It again should be pointed out, that neither recommendation would prohibit expansion of already existing developments or the reuse of existing buildings. Although I understand, and can appreciate, the Planning Commission's position, I would still recommend that any moratorium only affect retail development. This type of moratorium would be more limited and less disruptive in terms of potential development. Such a moratorium would not prohibit all development in the C2 zoning district during the time of study, only the most intense type of development that could be considered. �e G l _ � AP 111 �j ♦ ♦ 1:� 1 EARLE N / B -• �� SCH • • �� � BM : �������� 1111111oil 111� /� �iii� i11 ►����� � �� �i�� � 11111 1 � �111ON1111� HIM wool 0 Miami MINE MEW M0 LP mom in IN MENEM W ME= I HALIFAX !GRIMES RL ;:;::: ■ . /1111111111 ���1�� ' �� 111 ■ �� �: �: �: � E'��lGI� t � � ,� �� � 1�I�� • � �IIIIII�IIIIII gill 11 11�� :o.............•.% /111 ; = =iiii iiii ��• �iin� 11 t - 11111. �L CAMDEN IL Iftmus d y MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: December 26, 1984 SUBJECT: Class A Gambling License Application of Orchard Lane Parent- Teacher Association Attached please find a completed police ; investigation of Orchard Lane Parent- Teacher Association in application for a Class A Gambling License. Mary Jo Danielson is listed as the officer of the corporation and Melissa Lynn Parkin, the Gambling Manager. Investigator Monteen's report lists nothing of a questionable nature discovered during the course of this investigation.` In addition to a Class A Gambling License, Orchard Lane Parent- Teacher Association has made application for a waiver of a $10,000 fidelity bond as allowed under City Ordinance The City Council must act on the following two (2) matters: 1. The application for a Class A Gambling License. This requires a majority vote of the City Council to pass. 2. Waiver of a $10,000 fidelity bond. This requires the unanimous vote of the City Council to pass. a T he following is a resume of the investigation of the Orchard Lane School Parent /Teacher Association, Mary Jo DANIELSON, Executive Officer, and Melissa Lynn PARKIN, Gambling Manager. This is an application for a Class A. Gambling license, Brooklyn Center Police Department Case No. 84- 19011. This investigation has been conducted by A. Paul MONTEEN and this resume transcribed and typewritten by Shirley SWARTOUT, Clerk /Typist for the Brooklyn Center Police Department. APPLICANT Orchard Lane School Parent /Teacher Association 6201 Noble Avenue North Brooklyn Center, MN. 55429 Phone 533 -1645 Mary Jo DANIELSON 6223 Major Ave. No. Brooklyn Center, MN. `'55429 Phone 533 -4424 Melissa Lynn PARKIN 4530 Kathryn Drive Brooklyn Center, MN. 55429 Phone 533 -5481 INVESTIGATION MATERIAL CONTAINED WITHIN THIS FILE s Application for a gambling license. Application for a gambling license, Part II, in the name of Mary Jo DANIELSON, Application, Part II, for a gambling license in the name of Melissa Lynn PARKIN Application for a gambling license, Part III, organizational information. Letter requesting the waiver of the fidelity bond in the name of the Gambling Manager. Investigator MONTEEN has received the application of the Orchard Lane Parent /Teacher Association for a Class A gambling license. The investi- gation included a complete background on Mary Jo DANIELSON, Executive Officer, and Melissa Lynn PARKIN, Gambling Manager for the Parent /Teacher Association. A complete criminal backgound which consisted of checks made in the files of the Brooklyn Center Police Dept., Hennepin County Sheriff's Office Criminal Records and Warrant Division, Bureau of Criminal Apprehension Criminal Information Section and the National Crime Information Center Records System. All of these various sources provided no criminal history on either of the applicants. The Orchard Lane Parents /Teacher Association has received gambling licenses in 1982, 1984 and 1984. The carnival and raffle for 1985 is anticipated to be similar to the events conducted in previous years. i 4 Resume by Investigator MONTEEN Case No. 84 -19011 Page 2 The Orchard Lane Parent /Teacher Association has complied with State Statutes and City Ordinances in reporting the proceeds and disposition of profits from their carnival and raffle in previous years Investigator MONTEEN finds nothing which would preclude the Orchard Lane Parent /Teacher Association, DANIELSON or PARKIN from receiving the gambling license applied for in 1985. The City Coucil must act on the two following matters: 1. A Class A gambling license This requires a majority of the vote of the City Council to pass. 2. A waiver of a $10,000 fidelity bond. This requires the unanimous vote of the City Council to pass. Licenses to be approved by the City Council on January 14, 1985 CIGARETTE LICENSE Advance Carter Company 850 Decatur Ave. N. Brooklyn Center Liquor Stores 6800 Humboldt Ave. N. 40 Denny's Restaurant 3801 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Brookdale Cinema 5801 John Martin Dr. Brookdale Mobil 5710 Xerxes Ave. N. Chuck's Q. 1501 69th Ave. N. Dahlco Music & Vending 119 State Street Ground Round Restaurant 2545 County Rd. 10 Duke's Standard 6501 Humboldt Ave. N. Interstate United Corp. 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. State Farm Insurance 5940 Shingle Cr. Pkwy. Jerry's Super Valu 5801 Xerxes Ave. N. K -Mart 5930 Earle Brown Drive Pipeseller Brookdale Center Servomation 7490 Central Ave. NE Dayton's Brookdale Center Graco 6820 Shingle Cr. Pkwy. Snyder Brothers Brookdale Center City Clerk GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Ave. N. Brookdale Car Wash 5500 Brooklyn Blvd. Brookdale Mobil 5710 Xerxes Ave. N. Chuck's Q. 1505 69th Ave. N. Chuck's Standard 6501 Humboldt Ave. N. M.T.C. 6845 Shingle Cr. Pkwy. Northwestern Bell 6540 Shingle Cr. Pkwy. Plum Company 6840 Shingle Cr. Pkwy. City Clerk LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lyndale Ave. N. City Clerk MECHANICAL SYSTEMS LICENSE Cronstrom's Heating & Air Conditioning 4410 Excelsior Blvd. Guaranty Heating Co. 11741 Elm Creek Road Lloyd's Sheet Metal 6659 Vicksburg Lane United Burner Service Inc. 7909 30th Ave. N. aoxaUW-A� Buildi fficial NURSING HOME LICENSE _ Maranatha Conservative Home 5401 69th Ave. N. City Clerk, OFF -SALE NONINTOXICATING LIQUOR LICENSE Chuck's Q. 1505 69th Ave. N. Denne's Market 6912 Brooklyn Blvd. .� Jerry's Super Valu 5801 Xerxes Ave. N. Ctjlr ofPolice POOL & BILLIARD TABLE LICENSE Advance Carter Company 850 Decatur Ave. N. Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. City Clerk GENERAL APPROVAL: 9/ G rald G. Splinter, City Clerk