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HomeMy WebLinkAbout1981 11-09 CCP Regular Session CITY COUNCIL AGENDA ' CITY OF BROOKLYN CENTER ro NOVEMBER 9, 1981 7:00 p.m. _ /may 1. Call to Order' 2. Roll Call 3. Invocation 4. Approval of Minutes - Special Session, November 3, 1981 5. Open Forum 1 6. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in 3 its normal sequence on the agenda. *7. Performance Bond Reductions: - Northbrook Estates, 58th & Logan Avenue 8. Resolutions: a. Requesting the Change in Public Use of Lot 1, Block 2, Thomas Construction Company 2nd Addition, Hennepin County, Minnesota from Park Land to Water Treatment Plant -This property is the tax forfeit property acquired by the City and is located east of Evergreen Park. b. Authorizing Filing of Application and Execution of Grant Project Agreements to Develop open Space Under the Provision of the State Natural Resource Fund -This grant comprehends landscaping in Central Park. *c. Amending the 1982 General Fund Budget -This resolution would appropriate funds to expand the 1982 skating rink program in accordance with the City Council's directive of October 19', 1981. *d. Expressing Recognition of and Appreciation for the Work of Sharon Schmickle in the Design and Analysis of the Brooklyn Center Resident Preference and V Attitude Survey 9 1 ` ; I �(` -S /) 6�_ -A formal presentation of the resolution will be made at-the November 23, 1981 meeting. *e. Expressing Recognition of and Appreciation for the Work of the Brooklyn Center Jaycees in Conducting the Resident Preference and Attitude Survey -A formal presentation of the resolution will be made at the November 23, 1981 meeting. *f. Expressing Recognition of and Appreciation for the Dedicated Public Service J of Bernard Wesloh S� CITY COUNCIL AGENDA -2- November 9, 1981 g. Authorizing the Mayor and City Manager to Enter into an Agreement for the Purchase of Real Estate -This resolution would authorize the purchase of the remaining 2.09 acres of land which is part of the property lying west of Shingle Creek across from Lions Park. 9. Planning Commission Items (7:30 p.m.) `a. Application No. 81065 submitted by Brooklyn Development Corporation for site and building plan approval to construct an 80,650 square foot office / warehouse building at the northeast corner of Xerxes Avenue North and Freeway Boulevard to be known as Shingle Creek Plaza II. This application amends the site plan approved under Application No. 81038. The Planning Commission recommended approval of Application No. 81065 at its October 22, 1981 meeting b. Application Nos. 80038, 80039 and 81062 submitted by K -Mart Corporation / Inter -City Oil Company for site and building plan and special use permit approval to build a new garden center and operate a gas station and auto center at 3600 63rd Avenue North. Preliminary plat approval is also sought. These applications were reviewed and tabled by the Planning Commission at its September 10, 1981 meeting. The Planning Commission recommended approval of Application Nos. 80038, 80039, and 81062 at its October 22, 1981 meeting. 10. ordinances: °- (, P �� a. An Ordinance Amending Chapter 35 Regarding Minimum Parking Spaces Required -This ordinance amendment would allow the general retail parking formula • to comprehend restaurants in shopping centers. This ordinance was first read at the October 5, 1981 meeting, published on October 15, 1981, and is recommended for a second reading this evening. b. An Ordinance Amending Chapters 34 and 35 Regarding the Provisions for Home Occupations -This ordinance amendment would allow up to 10 students and two on- street parking spaces for home occupations involving classes. This ordinance was tabled at the October 5, 1981 meeting to allow staff time to review the home occupation section of the City's zoning ordinance. The ordinance is offered for a first reading this evening. C. An Ordinance Amending Chapter 35 Regarding Buildings in R -1 and R -2 Districts -This ordinance amendment would change the minimum separation between principal buildings and accessory buildings from 8' to 6'. This ordinance amendment was reviewed by the Planning Commission at its October 22, 1981 meeting and is offered for a first reading this evening. 11. Discussion Items: a. Staff Report on Major Amendments to the Sign and Zoning Ordinance Since 1977 b. Sunday Brunch Law -The staff will be prepared to report on this item at the Council meeting. C. Current State Budget Effect on Municipalities -The staff will be prepared to report on this item at the Council meeting. CITY COUNCIL AGENDA -3- November 9, 1981 e d. Legislative Redistricting for 1982 -The staff will be prepared to report on this item at the Council meeting. *12. Licenses 13. Adjournment s i • Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO. z RESOLUTION REQUESTING THE CHANGE IN PUBLIC USE OF LOT 1, BLOCK 2, THOMAS CONSTRUCTION CO. 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA FROM PARK LAND TO WATER TREATMENT PLANT i f WHEREAS, on January 18, 1980 the above- captioned real estate was conveyed to the City of Brooklyn Center by the Minnesota Department of Revenue to be used exclusively for park and street purposes; and - WHEREAS Evergreen Park lies directly to the west of the subject parcel; and WHEREAS, Evergreen School lies-directly west of Ever- green Park; and WHEREAS, the City's street equipment storage area lies directly to the south of Evergreen School; and WHEREAS, the street equipment storage area is scheduled for conversion to a new water treatment plant; and WHEREAS, it is necessary for the health, safety, welfare and convenience of the public to construct soccer fields in an area adjacent to the Evergreen School property; and WHEREAS, the only available space for soccer fields lies with Lot 1, Block 2, Thomas Construction Co. 2nd Addition, which is a considerable distance from the Evergreen School; and WHEREAS, it would be substantially more beneficial to the public if the proposed water treatment plant were shifted from the street equipment storage area to the Thomas-Construction Co. property and the soccer fields were built on the street equip- ment storage area because of the convenience to those using the soccer fields,. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the mayor and city manager are hereby authorized to make application to the County of Hennepin -requesting that the use designation on Lot 1, Block 2, Thomas a Construction Co. 2nd Addition be changed from park and street purposes to water treatment plant purposes. Dated: ' "1981. Dean Nyquist, Mayor ATTEST: Gerald G. Splinter, City Manager The motion for the adoption of the foregoing resolution was duly seconded by member and upon roll call, the following members voted in favor thereof: and the following voted against same: Whereupon said Resolution was declared duly passed and adopted. b I t Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE NATURAL RESOUCE FUND WHEREAS, the State Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition and development of outdoor recreation projects; and WHEREAS, the City of Brooklyn Center desires to develop certain land known as the Central Park, which land is to be held and used for permanent open space; and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and 5 -year action program (capital improvement); and WHEREAS, Brooklyn Center has an original or revised 5 -year action program which includes Central Park; and WHEREAS, it is estimated that the cost of developing said interest shall be $108,743; and WHEREAS, upon project approval the City of Brooklyn Center must enter into formal grant project agreements with the state for the specific purpose -of developing the Central Park area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: 1. That an application be made to the State of Minnesota, Department of Economic Development, Office of Local and Urban Affairs for a grant from the Natural Resource Fund (Minnesota Laws, 1979, Chapter 333, Section 31, Subdivision 3, paragraphs (j) and (k)) for an amount presently estimated to be $54,372 and the applicant will pay the balance of the cost from other . funds available to it. 2. That the Mayor and the City Manager are directed to execute and file A) such application and B) the 5 -year action program with the State of Minnesota, Department of Economic Development, Office of Local and Urban Affairs, and to provide additional information and furnish such documents as may be required by said Department, and C) to act as the authorized correspondents of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land ( for use (s) designated in said application and approved by the Office of Local and Urban Affairs. RESOLUTION NO. 4, That the United States of America and the State of Minnesota be, and they hereby are, assured of full compliance by the applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. 5. That the City of Brooklyn Center enter into an agreement with the State of Minnesota, Department of Economic Development, Office of Local and Urban Affairs to provide such grants as are specified in numbered paragraphs 2 and 3, above, for the year (s) 1982- 1985. 6. That the Mayor and /or the City Manager are authorized and directed to execute such agreement and any supplemental agreements thereof. 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. e 1 I Member introduced the following resolution and moved its adoption: RESOLUTION NO. s RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET WHEREAS; Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may by majority vote of its members, transfer unencumbered appropriation balances from one office, department, or agency to another within the same Fund; and WHEREAS, the Brooklyn Center Park and Recreation Commission, at the request of the City Council, has reviewed the City -wide skating rink program for the 1981 -1982 skating season and has recommended that additional warming houses be opened and supervised on weekends and school vacation days: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the 1982 General Fund Budget be amended to transfer an appropriation in the amount of $6,500 from the Contingency Acc- ount ( #4995) in the Unallocated Departmental Expense ( #80) Budget to the General Recreation Programs ( #65) Personal Services ( #4130) Budget to provide funds for the expanded skating rink program. i Date Mayor 4 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. t o I i r Member introduced the following resolution 4 and moved its adoption: f� RESOLUTION NO. LJ RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE PUBLIC SERVICE AND ACHIEVEMENTS OF SHARON SCHMICKLE WHEREAS, at the request of the Brooklyn Center City Council Sharon Schmickle prepared and conducted an "Attitude and Preference" survey of Brooklyn Center residents; and WHEREAS, through her work in the design and implementation of the survey information was obtained regarding the attitudes and preferences of City residents toward City services and progralf; and t WHEREAS, the survey provided useful and valuable information to the City ; Council and staff which will enable them to maintain a high standard of service to Brooklyn Center residents; and s WHEREAS, it is highly appropriate that her services and achievements for f g Y the ublic good should be p g permanently recognized and expressed. � NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that Sharon Schmickle is hereby awarded this resolution in recognition of .- her public service and achievements as a visible and lasting expression of gratitude for all of the service she has rendered and the benefits she has secured to the residents of Brooklyn Center through her achievement. Date Mayor ATTEST: 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. i Member introduced the following resolution and moved its adoption: LJ RESOLUTION NO. . RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE PUBLIC SERVICE AND ACHIEVEMENTS OF THE BROOKLYN CENTER JAYCEES WHEREAS, at the request of the Brooklyn Center City Council the Brooklyn Center Jaycees conducted an interview survey of the attitudes and preferences of Brooklyn Center residents towards City services and programs; and WHEREAS, through the diligent efforts of the Brooklyn Center Jaycees the City of Brooklyn Center has been able to obtain valuable and useful information which will enable the City Council and staff to maintain a high standard of service to Brooklyn Center residents; and WHEREAS, it is highly appropriate that the service and achievements of the Brooklyn Center Jaycees with regard to this project should be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that this resolution is hereby awarded to the Brooklyn Center Jaycees as a visible and lasting expression of gratitude for the service and achievement rendered and the benefits that the Jaycees have secured to the City through their service. L A Date Mayor ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following t voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a - t . Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. BERNARD WESLOH F WHEREAS, Mr. Bernard Wesloh served as a member of the Conservation Commission from May, 1977 through August, 1981; and WHEREAS, his devotion to the tasks and responsibilities of the' Commission 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER that the dedicated public service of Mr. Bernard Wesloh as a member of the Conservation Commission and citizen, is recognized and appreciated by the City of Brooklyn Center. i i l Date Mayor � i 1 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. I t t i i I i r e r ', Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE x BE IT RESOLVED, BY THE CITY COUNCIL of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to enter into an agreement for the purchase of real estate described as Lot 19, Auditors Subdivision No. 218, Hennepin County, Minnesota also known as 02- 118 -21 -33 -0009, in the amount of $10,391.09. 4 .3 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 7 ORDINANCE N0. a AN ORDINANCE AMENDING CHAPTER 35 REGARDING MINIMUM PARKING SPACES REQUIRED THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended by the addition of the following: a Section 35 -704 MINIMUM PARKING SPACES REQUIRED. s 2. Commerce (Retail and Service /Office (c) Other retail stores or centers: Eleven spaces for the first 1000 square feet of gross floor area or fraction thereof; eight spaces for each 1000 square feet of gross floor area in excess of 1000 square feet, but not exceeding 15,000 square feet; six spaces for each 1000 square feet of gross floor area in excess of 15,000 square feet, but not exceeding 30,000: square feet; 5.5 spaces for each 1,000 square feet of gross floor area exceeding 30,000 square feet. In multi- tenant retail centers, no additional p arkin spaces be and those re wired b y the retail formula shall be required of restaurant uses w scr, alt'oget er occupy not more than 10% of the gross floor area of the center. the Earki.ng formula for eating and drinking establishments shall apply proj2ortionately to the seats and employees occupying space in the center over and above 100 of the grass floor area. Section 35 -720 JOINT PARKING FACILITIES. With respect to development complexes, the required parking facilities to serve two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces furnished shall not be less than the sum of the separate re- tt re quirements for each .use. (See Section 35 -?04. •2 (c) ardin g restaurant uses in multi - tenant retail centers. t Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. F R Adopted this day'of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline in dicates new matter.) [ CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING TH FOR HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The following provisions of S34 -110 and 535 -900 of the City I Ordinances,are hereby repealed. Home Occupation - (Any gainful occupation or profession, engaged i n 'by the occupant of a dwelling unit within said dwelling, which is clearly incidental and secondary to the residential use of the premises, provided, such activity does not produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures; 2 and further provided that said activity does not involve any of the following: repair, service or manufacturing which requires equip- i ment other than that customarily found in'a.home; over - the - counter sale of merchandise produced off the premises; or the employment of persons on-the premises, other than those customarily residing on the premises. Examples include: dressmaking; secretarial services; professional offices; answering service; .individual music or art instruction; individual hobby craft; child day care (defined as the care of not more than five (5) nonresident children and provided the facility and operation are properly licensed by the County, and provided a record of said license is on file with the City); and the like.] Home Occupation, Special - [Any gainful occupation or profession, approved by special use permission, engaged in by the occupant of a dwelling unit within said dwelling or involving not more than one accessory use permitted by Section 35 -310 or Section 35 -311, and which involves any of the following: stock -in -trade incidental to the performance of the service; repair, service, or manufacturing which requires equipment other than that custo- marily found in a home; the employment on the premises, at any one time, of not more than one person who is a nonresident of the premises; the teaching of more than one (1) but not more than four (4) nonresident students at any given time;.or the need for not - more than two (2) parking spaces in addition to spaces required for the persons residing on the premises; and provided the activity: is clearly incidental and - secondary to the residential use of the premises, including the dwelling, and permitted accessory buildings or installations thereon; does not pro - duce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not consist of over - the - counter sales of merchandise produced off the premises. Examples include: i s barber and beauty services, shoe repair, photography studio, group lessons saw sharpening, motor - driven 9 P � P 9► appliance and small engine repair, and the like Section 2. 534 -110 and 535 -900 of the City Ordinances are amended by addition of the following: Home Occupation - Subject to the further limitations of §35 -405 of the Zoning Ordinance, a Home Occu pation is any gainful occupation or profession, carried on within a Dwelling Unit, by a family member residing within a Dwelling Unit, which is clearly incidental and secondary to the residential use of the Dwelling Unit and the Lot upon which it is co -_ structed, including, without limitation, dressmaking, secre- tarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation, Special - Subject to the further limitations of §35 -406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession ' carried on within a.Dwelling Unit or any permitted accessory buildings or installations on a Lot, by a family member re- siding within °the Dwelling Unit, which is clearly incidenta and secondary to the residential use of the Dwelling Unit, the accesso structures, and the Lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities.' a Section 3.. Chapter 35 of the Brooklyn Center Zoning Ordinance, is amended by the addition of the following: §35 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, s noise, odor or vibration perceptible beyond the boundaries of the Lot; 2. No occupation shall involve the use of.any accessory structures or installations; 3. No home occupation shall involve the use of equipment other than that customarily found in_ a residential Dwelling Unit; 4. No home occupation shall involve the retail sale of merchandise produced off the Lot; 5. No home occupation shall involve the employment o n the Lot of persons who are not members of the - family residing on the Lot; k 1 6. No home occupation providing day care shall serve ruure than ten (10 ) children who are not members of the family occupying the Dwelling Unit; and such day care home occupation shall be licensed by Hennepin County and a copy of the said license shall be kept on file with the City Clerk; 7. No home occupation shall cause traffic congestion on the Lot containing the home occupation or on the streets adjacent thereto; 8. Any home occupation requiring more than four parking s paces for automobiles, on or off the Lot, shall require a Special Use Permit pursuant to 535 -406 hereof. §35 -406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special hom occupations shall require approval of a special use permit pursuant to §35 -220 of the Brooklyn Center Zoning Ordinance; 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use u_ndor_ §35 -310 and §35 -311 of the Brooklyn Center Zoning Ordinance; 3. A special home occupation may use equipment not customarily found in a residential Dwelling Unit; 4. No special home occupation shall employ, at any one time_, more than one person who is not a member of the family occupying the Dwelling Unit; 5. No special home occupation may include the teaching of more than ten (10) students at one ti wh o are not members of the family occupying the Dwe3=irig Unit; rl 6. No special home occupation shall cause traffii.c congestion on the lot containing the Special home occupation or on the streets adjacent thereto; 7. No special home occupation shall produce light, glare,, noise, odor or vibration perceptible beyond the boundaries of the Lott 8. No special home occupation shall include the retail sale of merchandise produced off the Lot. . Section 4•. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication.' Adopted this day of 1981. Dean A.-Nyquist, Mayor ATTEST: Clerk Date of publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) 4 S F F p s E CITY OF BROOKLYN CENTER ORDINANCE NO.. k AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SEPARATION BETWEEN BUILDINGS IN THE Rl AND R2 DISTRICTS' THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -530. Buildings in Rl and R2 Districts, In Rl and R2 districts, every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term "principal building" shall be given .its common, ordinary meaning; in case of doubt, or any question of interpretation, the decision shall rest with the Zoning Official. i 1. No accessory building, unless an integral part of the principal building, shall be erected, altered, or moved within [eight] six feet of the principal building, as measured from exterior wall to exterior wall. No accessory building shall be erected, altered, or moved within six feet of another accessory building, as measured from exterior wall to exterior wall. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of ]g . Mayor ATTEST: r Clerk Date of Publication Effective Date " (Underline indicates new matter, brackets indicate matter to be deleted.)