HomeMy WebLinkAbout1981 10-05 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER r
October 5, 1981 rr
7:00 p.m.{
u €
1. Call to Order ° s'
s t-
2. Roll Call
3. Invocation
4. Approval of Minutes - September 14, 1981
5. Open Forum
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 dis-
cussion of these items unless a councilmembe-r so requests, in which event
the item will be removed from the consent agenda and considered in its
normal sequence on the agenda.
*7. Final Plat Approval - Lynbrook Bowl Addition
*8. Performance Bond Reduction:
a. Spec Industrial Building No. 11, 6707 Shingle Creek Parkway
9. Resolutions: ✓ �Vila
• a. Approving Supplemental Agreement No. 2 to-Contract 1981 -E (Shingle
Creek Trailway Project)
-This supplemental agreement provides for the lowering of the existing
trailway under the Freeway Boulevard bridge to provide a full 8 foot
vertical clearance under this bridge.
b. Appointing a Responsible Authority and Assigning Duties Pursuant to the
Minnesota Government Data Practices Act /_ J C _;L K �k
C. Approving Public Offering of Industrial Development Revenue Bonds for''�'I �
Brookdale Office Park Partnership (Brooklyn Crossing Office Park Project))<//
- 1vo
10. Planning Commission Items (7:15 p.m.)
a. Application No. 81064 submitted by Standard Oil for site and building
plan and special use permit approval to remove the existing service
station at 6600 West River Road and replace it with a_Quik Six gas
station /convenience store /car wash establishment. The Planning Commission
recommended approval of Application No. 81064 at its September 24, 1981
meeting.
11. Ordinances:
a. An Ordinance Amending Chapter 34 of the City Ordinances Regarding'
Gasoline Service Station Signery
-This ordinance was first read at the September 14, 1981 meeting, +`
published on September 24, 1981 and is recommended for a second reading
this evening.
CITY COUNCIL AGENDA -2- October 5, 1981
b. An Ordinance Amending Chapter 5 of the City Ordinances Regarding' l r
a Remote Station Fire Alarm Protective Signaling System
-This ordinance was first read at the September 14, 1981 meeting,`
published on September 24, 1981, and i$ recommended for a second
reading this evening.
C. An Ordinance Amending Chapter 35 of the City Ordinances Regarding
Minimum Parking Spaces
-This ordinance amendment will allow the general retail parking formula
to comprehend restaurants in shopping centers. This item was discussed
on pages 9 and 10 of the September 10, 1981 Planning Commission minutes
and is offered for a first reading this evening.
d. An Ordinance Amending Chapters 34 and 35 of the City Ordinances Regarding
Home Occupations
-This ordinance amendment will allow up to ten students and two on- street
parking spaces for home occupations involving classes. The ordinance is
offered for a first reading this evening.
Note: The Planning Commission has recommended amending approval of
Planning Commission Application No. 81034 to allow ten students and
no on- street parking.
12. Discussion Items:
a. Survey of Cities with Regard to Administrative Permits for New Businesses
• and Grand Openings
b. Snowmobile Regulations for Palmer Lake Nature Area, Shingle Creek Trailway,
and Central Park
C. Community Center Rental Policy for Meeting Facilities
d. Report on City Radio Communication Study Conducted by W. H. Montgomery.
and Associates
*13. Consideration of Specified Licenses:
a. On -Sale Intoxicating Liquor License for Green Mill Restaurant
*14. Licenses
15. Adjournment
Member introduced the following resolution
and moved its adoption:
RESOLUTION N0.
I
(. RESOLUTION APPROVII, CHANGE ORDER mr-MER 2 TO CONTRACT 1981 -E
(SHINGLE CREEK TRAILWAY IMPROVEMENT PROJECT 1978 -42)
s
WHEREAS, the City Engineer has deemed it in the best interests of
the City of Brooklyn Center to provide for lowering the existing trailway
under the Freeway Boulevard bridge to provide a full eight foot vertical
clearance under this bridge; and
WHEREAS, the City of Brooklyn Center has a contractural agreement
with Shafer Contracting Company, Inc. for similar work under Contract 1981 -E.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, that:
1. The Mayor and City Manager are authorized to execute Change
Order No. 2'to Contract 1981 -E in the amount of $5,280.00,
providing for an itemized increase in the contract.
2. The Finance Director is authorized to appropriate $5,280.00
from the Capital Improvement Fund for the increased project
cost of Improvement Project 1978 -42 resulting from the issuance
of Change Order No. 2.
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.
r
Member introduced the following resolution ,
and moved its adoption:,
RESOLUTION NO.
RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING
DUTIES PURSUANT TO THE MINNESOTA GOVERNMENT DATA PRACTICES ACT
WHEREAS, the Minnesota Government Data Practices Act, Minnesota
Statutes 15.1611 to 15.1699 as amended, requires that the City of Brooklyn
Center appoint one person as the Responsible Authority to administer the
requirements for collection, storage, use, and dissemination of data on
individuals, government data, and summary data within the City of Brooklyn
Center; and
WHEREAS, the Brooklyn Center City Council is concerned the
responsible use of City data and wishes to satisfy this concern by immediately
appointing an administratively qualified Responsible Authority as required
duties to that
e Act and assigning
under th erson. P
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of Brooklyn
Center, Minnesota as follows:
1. The City Council of the City of Brooklyn Center, Minnesota
appoints City Manager, Gerald Splinter, as the Responsible
Authority for the purposes of meeting all requirements of
the Minnesota Government Data Practices Act, Minnesota
Statutes Section 15.1611 to 15.1699 as amended.
2. The Responsible Authority may designate a City employee or,
employees to assist in the administration and enforcement
of the duties of the Responsible Authority and to be in
charge of individual files or systems containing_ government
data and to receive and comply with requests for government
data. If the Responsible Authority appoints a designee or
designees, the appointment must be in writing, and the City
Council shall be provided a copy of the appointment. If
designees are appointed, the Responsible Authority shall
instruct them in the requirements of administering and
enforcing the Minnesota Government Data Practices Act.
3. The duties of the Responsible Authority and designees are as
follows:
(a) The Responsible Authority shall prepare a public document
containing his name, title, and address, and a description
of each type of record, file, or process relaing to private
or confidential data on individuals retained by the City.
In addition, the public document shall contain the rights of
the data subject pursuant to the Minnesota Government Data
Practices Act and the specific procedures in effect in the
City for access by the data subjects to public or private
data on individuals. Forms used to collect private and
confidential data shall be included in this document. The
RESOLUTION NO.
"? Responsible Authority shall update the public document and'
0 annually and make any changes necessary to maintain its accuracy.
s'
t (b) The Responsible Authority shall keep records containing government
data in such an arrangement and c6ndition as to make them easily
accessible for convenient use by the public. Photographic,
photostatic, microphotographic, or microfilm records shall be
considered as accessible for convenient use regardless of the
size of these records.
(c) The Responsible Authority shall establish procedures to ensure
the requests for government data are received and complied
with in an appropriate and prompt manner.
(d) The Responsible Authority shall establish procedures to assure
that all data on individuals is accurate, complete, and current
for the purposes for which it was collected; and establish
appropriate security safeguards for all records containing
data on individuals.
(e) The Responsible Authority or designee shall, upon request by
any person, permit that person to inspect and copy government
data during the normal business hours of the City and at places
provided by the Responsible Authority, and if the person requests,
that person shall be informed of the data's meaning. The Responsible
Authority or designee shall provide copies of government data
upon request. The Responsible Authority or designee shall require
the requesting person to pay the actual cost of making, certifying,
and compiling the copies. If the Responsible Authority or designee
is not able to provide copies at the time a request is made, the
Responsible Authority or designee shall supply copies as soon
as reasonably possible. If the Responsible Authority or designee
determines that the requested government data is classified so
as to deny the requesting person access, the Responsible Authority
or designee shall so inform the requesting person orally at the
time of a request, and in writing as soon thereafter as possible,
and shall cite the statute, temporary classification, or federal
law upon which the determination is made.
(f) Upon request to the Responsible Authority or designee, any
individual shall be informed whether he is subject to stored
data on individuals, and whether it is classified as public,
private, or confidential. Upon further request, the individual
who is a subject of stored private data on individuals shall be
shown the data without any charge to him and, if he desires,
shall be informed of the content and meaning of that data. The
Responsible Authority or designee shall provide copies of the
private data upon request by the individual subject of the data,
and the cost of providing copies shall be borne by the individual.
The Responsible Authority or designee shall comply immediately,
if possible, with any requests made by any individual under this
paragraph, or within five days of the date of the request, excluding
Saturdays, Sundays, and legal holidays, if immediate compliance is not
possible. If the Responsible Authority or designee cannot comply with the
RESOLUTION NO.
request within that time, he shall so inform the individual,
and may have an additional five days within which to comply
with the request excluding Saturdays, Sundays, and legal holidays.
(g) If an individual contests the accuracy or completeness of public
or private data concerning himself, and notifies in writing the
Responsible Authority describing the nature of the disagreement,
the Responsible Authority shall within thi'Kty days either correct
the data found to be inaccurate or complet An attempt to notify
past recipients of inaccurate or incomplete data, including
recipients named by the individual; or notify the individual
that the Responsible Authority believes the data to be correct.
Data which is in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
(h) The Responsible Authority or designee shall allow another Responsible
Authority or designee access to data classified as not public only
when the access is authorized or required by statute or federal
law. The data shall retain the same classification in the hands
of the agency receiving it as it had in the agency providing it.
A change in classification is permitted if required by judicial
or administrative rule pertaining to the conduct of legal action
or with a specific statute to the data in the possession of the
providing or receiving agency. The Responsible Authority or
designee when supplying government data under this provision
may require the requesting Responsible Authority to pay the actual
cost of supplying the data.
(i) The Responsible Authority or designee shall prepare summary data
from private or confidential data on individuals upon the request
of any person, provided that the request is in writing and the
cost of preparing the summary data is borne by the requesting
person. The Responsible Authority may delegate the power to
prepare summary data to the administrative officer responsible
for any central repository of summary data; or to a person outside
of the City if the person, in writing, sets forth his purpose and
agrees not to disclose the information, and the Responsible Authority
reasonably determines that the access will not compromise private
or confidential data on individuals.
(j) The Responsible Authority shall, when appropriate, apply to the
Commissioner of Administration for the classificiation of data
or types of data on individuals as private or confidential, or
of data not on individuals as non- public or protected non - public,
on a temporary basis until a proposed statute can be acted upon
by the legislature.
4. This resolution implementing the Minnesota Government Data Practices
Act shall remain in force and affect until modified by the Brooklyn
Center City Council.
RESOLUTION NO.
r
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
,
i
i
• l
k
f
i
i
i
r
c
I
i
I
Member introduced the following resolution
and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING A PUBLIC OFFERING OF TAX EXEMPT BONDS
FROM THE BROOKDALE OFFICE PARK PARTNERSHIP
WHEREAS, the City of Brooklyn Center has given preliminary approval
to a project application for industrial revenue bonds submitted by the Brookdale
Office Park Partners; and
WHEREAS, the City Council of the City of Brooklyn Center has established
minimum criteria for consideration of a public offering of industrial revenue bonds;
and
WHEREAS, the applicant (Brookdale Office Park Partnership) has requested
authorization for a public offering; and
WHEREAS, the applicant (Brookdale Office Park Partnership) has demon -
strated that the bonds would carry a AA+ rating; and
WHEREAS, the applicant (Brookdale Office Park Partnership) has or will
meet all of the requirements for a public offering of tax exempt bonds set forth
by the City Council of the City of Brooklyn Center.
` NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
(• Brooklyn Center that the Brookdale Office Park Partnership be authorized to
make a public offering of their industrial revenue bonds contingent upon a
bond rating of AA or better and that all references to the City of Brooklyn
Center on the bond be minimized with a lesser typesetting.
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
ORDINANCE NO.
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:
Section 35 -704 MINIMUM PARKING SPACES REQUIRED.
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 parking spaces beyond
those re uired by the retail s all be
• required of restaurant uses w ich a toget er occu
not more than 0% of the gross floor area of the
center. The parking formula for eating and drinking
establishments shall apply proportionately to the
seats and employees occupying space in the center
over and above 10% of the gross 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-
quirements for each use. (See Section 35 -704:2 (c) regarding
restaurant uses in multi- tenant retail centers.
- Section 2. This ordinance shall become effective after adoption
and upon thirty (30) days following its legal publication.
Adopted this day.of 19 •
Mayor
ATTEST: °
•
Clerk
Date of Publication
Effective Date
(Und erline indicates new matter.)
CITY OF BROOKLYN CENTER
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING HOME .
OCCUPATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER-DOES ORDAIN AS
FOLLOWS:
Section 1. Section 34 -110 and Section 35 -900 of the City of
Brooklyn Center are hereby amended in the following manner:
Horne Occupation - Any gainful occupation or profession, engaged
in 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; and further provided that
said activity does not involve any of the following: repair, service
or manufacturing which requires equipment 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: dress-
making; 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) ] ten (10) nonresi
dent children and provided the facility and operation are properly li-
censed 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 customarily 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)] ten (10) nonresident
students at any given time; or the need for not more than two (2) on-
street parking spaces [in addition to spaces required for the persons
residing on the premises]; and provided the activity: is clearly in-
cidental and secondary to the residential use of the premises, in-
eluding the dwelling, and permitted accessory buildings or install-
ations thereon; does not produce 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: barber and beauty services, shoe repair, photo -
graphy studio, group lessons, saw sharpening, motor - driven appliance
and small engine repair, and the like.
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.)
A