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HomeMy WebLinkAbout1987 07-27 CCM Regular Session 1 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 JULY 27, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also present were City Manager Gerald Splinter, City Engineer Bo Spurrier, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist noted Councilmember Theis would be absent from this evening's meeting. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Lhotka requested items 6a and 9b be removed from the consent agenda. PERFORMANCE BOND RELEASE - POND'S PLAT 5 UD CONSTRUCTION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to release the performance bond for Pond's Plat 5, UD Construction. The motion passed. PERFORMANCE BOND RELEASE - 5615 BROOKLYN BOULEVARD UHDE /NELSON There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the performance bond release for 5615 Brooklyn Boulevard, Uhde /Nelson. The motion passed. RESOLUTION NO. 87 -146 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 07/27/87) 7 -27 -87 _1_ The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: GARBAGE AND REFUSE COLLECTOR'S VEHICLE LICENSE Hilger Transfer, Inc. 8550 Zachary Lane MECHANICAL SYSTEMS LICENSE United Heating & Air Conditioning 7909 30th Avenue N. RENTAL DWELLING LICENSE Initial: Neil Grindheim 801 Woodbine Lane North Victor & Jean Huang 3813 72nd Avenue North Renewal: Chippewa Park Investment Group Chippewa Park Apartments Irvin & Ruth Schloff 4819 Azelia Avenue North Donald Parkin 5624 Camden Avenue North Lanny and Judith Berke 5018 Ewing Avenue North Michael L. Goodwin 5134 Ewing Avenue North James & Agatha Eckman 5350 Irving Avenue North Amos Levang 4100 Lakebreeze Avenue LeRay & Keith Mortensen 4110 Lakebreeze Avenue Randy Elam 4200 Lakebreeze Avenue James & Shirley Anderson 4204 Lakebreeze Avenue James & Bobbie Simons 4210 Lakebreeze Avenue Michael & Jane Danielson 4216 Lakebreeze Avenue Northwest Bank Minneapolis 7002 Quail Circle West Robert Baltuff 5930 Xerxes Avenue North The motion passed. APPROVAL OF MINUTES - 13 1987 - REGULAR SESSION Councilmember Lhotka stated he would like a correction made to the minutes of the July 13, 1987, City Council meeting.. He stated on page five, the section relating to Resolution No. 87 -144, he would like it reflected in the minutes he was opposed to this resolution because he feels all appeals should be made to the City Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott j to approve the minutes of the July 13, 1987, City Council meeting as corrected. The motion passed. I APPROVAL OF STATE HEALTH DEPARTMENT CONTRACT The City Manager stated the new language contained in the State Health Department contract accurately represents the actual practices and will require no additional effort or changes on the City's part. 7 -27 -87 -2- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the State Health Department contract. The motion passed. The City Manager presented a Resolution Ordering the Abatement of Nuisance and Hazardous Condition of Real Estate Existing at 6933 Brooklyn Boulevard in the City of Brooklyn Center. Councilmember Lhotka inquired if the securing and cleanup of this home would have to wait until August 5 or 6. The City Manager stated at this point there is nothing the City can legally do other than approve this resolution. He stated if the resolution were not approved this evening the City would have to wait even longer for the cleanup to begin at this residence. RESOLUTION NO. 87 -147 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITION OF REAL ESTATE EXISTING AT 6933 BROOKLYN BOULEVARD IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions. Councilmember Hawes stated it appears City staff will be doing nothing more than what has been done in the past. The City Manager stated that was correct and noted due to a change in State law only Police Officers are authorized to write citations unless specifically authorized by local City ordinance. Councilmember Scott stated this law was initiated by the Police Association because many small towns were allowing noncertified personnel to issue criminal tags. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions and to set the public hearing date for August 24, 1987, at 7:45 p.m. The motion passed. DISCUSSION ITEM PAY EQUITY IMPLEMENTATION PLAN The City Manager stated since the July 13, 1987, City Council meeting, staff has spent much time reviewing and attempting to revise the Pay Equity Implementation Plan. He stated a revised plan has been developed, and he has discussed this new plan with Councilmember Theis since he would not be present at this evening's meeting. He noted Councilmember Theis found the revised plan acceptable. The City Manager went on to briefly review the revised plan and noted this plan would be extended over a four -year period. He went on to review the letter from the Attorney's office and the proposed resolution for this evening. Councilmember Hawes inquired what the consequences would be if the City Council did not appropriate enough money for implementation during a certain year. The City Manager stated the plan could not be fully implemented if the funds were not available. He added the City Council could amend the implementation plan if 7 -27 -87 -3- i P funding were not available for a particular year. Councilmember Lhotka inquired, prior to the study, where the City Manager felt the City of Brooklyn Center stood with regard to pay discrepancies. The City Manager stated the City of Brooklyn Center has always paid fairly close to market rate. He added because of the Pay Equity Act certain personnel items and adjustments have been put on hold until the findings were complete from the study. He noted not all of the changes recommended in the implementation plan can be completely attributed to the Pay Equity Act. Councilmember Lhotka stated he agrees with the Pay Equity Act in principle, but he has some concerns regarding increasing salaries substantially each year from now on. The City Manager stated City staff has tentatively set a meeting with representatives of the state and federal government to discuss the costs of implementing items mandated by the state and federal government. Mayor Nyquist inquired if the State of Minnesota has made any estimates for its cost of implementing Comparable Worth. The City Manager stated the State of Minnesota has not fully implemented the Pay Equity Act at this time. Councilmember Lhotka inquired if the City Council refuses to adopt the Pay Equity Act Implementation Plan, are there only the four consequences outlined in the City Attorney's letter. The City Attorney stated it is quite possible none of the things outlined in the letter would happen. He noted it depends on if an employee or a group of employees decided to bring legal action against the City for not adopting the plan. He added it does not seem improbable some attorneys will be out looking for work by approaching employees of those cities who have not adopted an implementation plan. He stated no other state has a Pay Equity Act, and it is near to impossible to judge what the outcome of our actions may be. Councilmember Lhotka inquired if the City Council were to approve the Pay Equity Implementation Plan and set certain conditions, would the City Council still be allowed to review other City's plans each year. The City Attorney stated by approving the Pay Equity Implementation Plan this evening the Council was not closing all available options. Mayor Nyquist stated he could not justify putting a tax bill of $1 million on the tax payers to implement this plan. The City Manager stated the City Council could pass the resolution this evening and instruct staff to investigate other concerns. He noted by adopting the plan this evening the Council will be lowering the City's chances for a lawsuit. Mayor Nyquist stated he would like to lay this item over until later in the meeting. PUBLIC HEARING - REPLACEMENT OF SIDEWALK ON CAMDEN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH The City Manager noted this is not the typical improvement hearing because no assessment is being proposed for the project. He stated after much staff review it does not appear this area qualifies for sidewalks on both sides of the street because of the low usage. He noted the City Engineer is present this evening to discuss the proposed project. The City Engineer briefly reviewed the City -wide sidewalk plan and noted all streets with sidewalks on both sides have an average daily traffic count of 7 -27 -87 -4- 3,000 cars a day. He noted there are two exceptions to this rule those being the Northport area and the area in question this evening. He noted crossing Camden Avenue does not appear to be a hazard because there are slightly less than 1,000 cars a day in this area. The City Engineer went on to briefly review the resident survey which was conducted for this area and noted there was a greater response from the east side of the street. He stated staff feels it would be favorable to install the new sidewalk on the east side of the street because of a higher concentration of sun during the winter. The City Manager noted there would be no proposed assessments for the project, and the City crews would maintain and repair the sidewalk. Councilmember Lhotka inquired what would happen to the homes which have a service walk from the home to the sidewalk. The City Engineer stated the service walk would be extended out to the street. F Mayor Nyquist opened the meeting for the purpose of a public hearing on replacement of sidewalk on Camden Avenue North between 53rd and 55th Avenues North. He recognized a resident who stated she lives on the west side of Camden Avenue. She noted she takes the bus every day to and from work. She inquired where the Council would like her to walk if the sidewalk is installed on the east side of the street. Mayor Nyquist then recognized William Andreasen, 5321 Camden Avenue North, who t stated he could see no reason to extend the service walks to the curb. He also noted he believes the traffic count in the area has risen since the opening of I -94. Mayor Nyquist then recognized another resident who stated it appears most streets have the sidewalk on only one side of the street. He noted he personally does not care which side of Camden Avenue the sidewalk is installed but noted the school buses do stop on the east side of Camden Avenue and this would allow for an area for parents and younger children to wait for school buses. Mayor Nyquist recognized the first resident who spoke and she stated the ` entrance to the City park is on the west side of the street and many people walk on the west side of Camden Avenue to g et to the park. ' There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on replacement of sidewalk on Camden Avenue North between 53rd and 55th Avenues North. The motion passed. Councilmember Lhotka stated he agrees with the staff recommendation for installation of the sidewalk along the east side of Camden Avenue. He added staff should check with the residents on the west side of Camden Avenue with regard to extension of the service walks to the curb. RESOLUTION NO. 87 -148 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1987 -10 APPROVING SPECIFICATIONS, AND DIRECTING 7 -27 -87 _5_ i ADVERTISEMENT FOR BIDS (CONTRACT 1987 -L) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. PUBLIC HEARING ON PROPOSED FINANCING PROGRAM FOR MULTIFAMILY HOUSING DEVELOPMENT ( MARANATHA NURSING HOME) Mayor Nyquist stated he would reconvene the public hearing on the proposed financing program and then continue on with the three Planning Commission items submitted for the proposed project. PLANNING COMMISSION APPLICATION NO. 87008 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME REQUESTING REZONING FROM R1 TO R6 THE WESTERLY 3.3 ACRES OF THE SITE OF THE MARANATHA NURSING HOME AT 5401 69TH AVENUE NORTH AND PLANNING COMMISSION APPLICATION NO. 87010 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A FOUR- STORY, 65 UNIT APARTMENT BUILDING ATTACHED TO THE NURSING HOME AT 5401 69TH AVENUE NORTH AND PLANNING COMMISSION APPLICATION NO. 87011 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL AT 5401 69TH AVENUE NORTH The City Manager noted all three items were considered at the Planning Commission meeting on July 16, 1987, and recommended for approval at this time He noted the City Council should act on the Planning Commission items first and then on the financing program. The Director of Planning & Inspection referred the Mayor and Councilmembers to pages one through five of the July 16, 1987, Planning Commission minutes and the attached informational sheets with those minutes. He stated he would like to review each application and answer all questions at the end of his presentation. The Director of Planning & Inspection went on to review Application No. 87008 which requests rezoning from R1 to R6 for a portion of the property. He noted the Planning Commission originally referred this item to the Northwest Neighborhood Advisory Group for its review and comment. He stated the Northwest Neighborhood Advisory Group recommended rezoning for this project. He continued to review Application No. 87008 and the proposed resolution which would give approval for the rezoning of this land. The Director of Planning & Inspection next reviewed Application No. 87010. He noted there are no major watershed problems with this project, but the drainage plan will be subject to review and approval by the Shingle Creek Watershed Management Commission. He added a pond is proposed to be installed for aesthetic purposes. The Director of Planning Inspection g p n briefly reviewed the 17 conditions recommended by the Planning Commission for this application. The Director of Planning & Inspection proceeded to review Application No. 87011 i 7 -27 -87 -6- which requests preliminary plat approval to subdivide into two lots the parcel at 5401 69th Avenue North. He stated the common property line dividing proposed lots one and two touches the northwest corner of the existing nursing home. Since the buildings will be attached at this point, this will not present a problem. He went on to review the four conditions which the Planning Commission recommended for this item. He noted public hearings have been scheduled for all three applications, and representatives of the applicant are present this evening. Councilmember Hawes inquired if there would be trash containers for each facility. The Director of Planning & Inspection stated there would be a trash container for each facility and they have inside storage for these containers. Councilmember Lhotka inquired how many elevators were in the proposed project. Dave Wolterstorff, the architect, stated there would be one elevator in the building. Councilmember Lhotka inquired if there were any codes that regulate the number of elevators in a building. The Director of Planning & Inspection stated he was not aware of any such codes. Councilmember Lhotka stated he was concerned there would be only one elevator for 64 units of elderly housing. The Director of Planning & Inspection stated the applicant has met the minimum requirements for his building. Mr. Wolterstorff stated studies have been completed regarding the required number of elevators for elderly housing, and it has been found when looking at 50 to 85 units it is questionable whether there is a need for more than one elevator. He added there are a number of housing units located on the main floor. Mayor Nyquist opened the meeting for the purpose of a'public hearing on Planning Commission Application Nos. 87008, 87010, and 87011. He recognized Dave Viland, Administrator for Maranatha nursing home. Mr. Viland gave a brief history of the Maranatha nursing home and went on to review the proposed project. Councilmember Scott inquired if there would be any units available for interim or short term housing. She explained these units could be used for persons who live out of town but need to live close to their hospital or clinic for therapy reasons for a short time. Mr. Viland stated no units have been set aside for this use but if units are open it could be done. Councilmember Lhotka inquired if it would be possible for Brooklyn Center residents to be given first priority in the project. The City Manager stated a condition of this type could not legally be set on the project. Mr. Viland stated he could give a good faith assurance all efforts would be made to give Brooklyn Center residents first preference to units. Councilmember Hawes inquired if the size of the elevator is large enough to accommodate a stretcher. Mr Wolterstorff, the architect, responded affirmatively and noted a hospital size elevator is being installed. Councilmember Lhotka inquired if the project would be feasible without the proposed bonding program. Mr. Viland stated the project could be feasible but the rents would be much higher. Councilmember Lhotka inquired how much higher. Mr. Viland stated assuming a conventional loan would be given for the project, the rents could be as much as $100 a month higher. Mayor Nyquist inquired if there was any one else in the audience who wished to speak at the public hearing. There being none, he entertained a motion to close 7 -27 -87 -7- f the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 87008, 87010, and 87011 submitted by Maranatha Conservative Baptist Home. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 87008 submitted by Maranatha Conservative Baptist Home. The motion passed. RESOLUTION NO. 87 -149 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 87008 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. i There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the Zoning Ordinances Regarding Zoning Classification of Certain Land, and to set the public hearing date for August 24, 1987. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 87010 submitted by Maranatha Conservative Baptist Home 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. 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 i system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 7 -27 -87 -8- 8. The applicant shall submit an as -built survey of the property prior to the release of the performance guarantee. 9. Fire hydrants shall be provided on the site at locations to be approved by the Fire Chief. 10. The grading and drainage plan is subject to review and approval by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 11. Plan approval acknowledges the existence of 11 trees on the site greater than 6" in diameter. If these trees are removed or die as a result of construction, they shall be replaced with new trees at least 6" in diameter. 12. The plat of the property containing the parcel for this project shall receive final approval and be filed at the County prior to the issuance of building permits. 13. The ponding area on the site shall be protected by an easement over the affected area. Said easement document shall be executed and filed with s the title to the property at the County prior to the issuance of permits. y 14. The applicant shall execute a covenant agreement to provide up to 35 ' additional parking stalls on the site upon a determination of need for such stalls by the City. Said covenant shall be filed with the title to the property at the County prior to the issuance of permits. P 15. The plans shall be amended prior to the issuance of permits to indicate ` the following: a) Looping of the 8" water main on the site with the existing 6" line. b) Screening provisions in the southerly buffer strip shall be clearly indicated. t 16. Plan approval acknowledges landscape screening in lieu of an opaque fence per Section 35 -410 subdivision 3 where the R6 zoned property abuts R1 zoned property. The landscape screening shall be Euonymus (nondwarf variety), American Cranberry or comparable shrubs capable of attaining a height of 10 to 12 feet. 17. The applicant shall enter into a standard utility maintenance agreement as approved by the City Engineer. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87011 submitted by Maranatha Conservative Baptist Home subject to the following conditions: 7 -27 -87 -9- 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 'f 3. Easement documents for drainage and utilities and ponding shall be executed and filed with the plat at the County. 4. A cross access agreement between Lots 1 and 2 of the proposed subdivision shall be executed and filed with the plat at the County. The motion passed. t Mayor Nyquist inquired if there was anyone present in the audience who wished to address the public hearing regarding the proposed financing program for a multifamily rental housing development. There being none, he entertained a C motion to close the public hearing. f There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on a financing program for a multifamily rental housing development. The motion passed. RESOLUTION NO. 87 -150 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT (THE "PROJECT "), GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE FINANCING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, ! AUTHORIZING THE ISSUANCE OF REVENUE BONDS, AUTHORIZING THE SUBMISSION OF THE ! FINANCING PROGRAM FOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT AND FINANCING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. RECESS The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:20 p.m. PLANNING COMMISSION APPLICATION NO. 87013 SUBMITTED BY DAVID BRANDVOLD j REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL OF LAND AT 5819 BRYANT AVENUE NORTH i AND PLANNING COMMISSION APPLICATION NO 87014 SUBMITTED BY DAVID BRANDVOLD REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE AND SECTION 15 -106 OF THE SUBDIVISION _ ORDINANCE TO ALLOW A SINGLE-FAMILY INTERIOR LOT LESS THAN 75' IN WIDTH The City Manager noted these items were both recommended for approval by the Planning Commission at its July 16, 1987, meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages 10 and 11 of the July 7 -27 -87 -10- 16, 1987, Planning Commission minutes and the informational sheets attached with those minutes. He went on to review Application No. 87013, a request for preliminary plat approval to subdivide into two lots the parcel of land at 5819 Bryant Avenue North. He noted one of the recommended conditions is the existing garage shall be relocated with at least a 3' side yard setback onto Lot 1 prior to release of the final plat for filing. He went on to review Application No. 87014, a request for variance approval to subdivide the lot at 5819 Bryant Avenue North. He noted this was necessary because proposed Lot 2 would have a width of only 72.72 feet rather than the 75 feet required by ordinance. The Director of Planning & Inspection noted generally lot variances have been granted when two out of three lot requirements are met and the request is reasonable. He stated staff feels this request is reasonable, and the extra depth to the lot makes the area more than adequate for a single - family lot. He also noted the presence of utility stubs that have already been paid for argues persuasively for the right of the property owner to have a second lot from his property. The Director of Planning & Inspection stated there are other oversized lots along this block; however, none are as large as this particular lot, and he does not feel a precedent is being set by granting a variance for this particular lot. The Director of Planning & Inspection went on to review the conditions recommended for approval for Application Nos. 87013 and 87014. r He pointed out a public hearing has been scheduled for this evening and notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 87013 and 87014. He inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. a There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 87013 and 87014 submitted by David Brandvold. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Planning Commission` Application No. 87013 submitted by David Brandvold subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. P 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing garage shall be relocated with at least a 3' side yard setback onto Lot 1 prior to release of the final plat for filing. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87014 submitted by David Brandvold subject to the following conditions: 1. The proposed lot has extra depth which produces ample lot area. 7 -27 -87 -11- 2. Extra water and sewer laterals have been extended to the property and _ have been paid for. 3. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood. 5. The extent of the variance has been minimized by creating one lot of 75' width and another of 72.72'. 6. The property shall be platted in accordance with the provisions of Chapter 15 of the City Ordinances. 7. An existing detached garage shall be relocated onto the proposed Lot 1 with a minimum side yard setback of 3'. The motion passed. DISCUSSION ITEMS REPORT FROM THE COMMITTEE FOR THE BICENTENNIAL OF THE U.S. CONSTITUTION REGARDING RENAMING THE SOCIAL HALL AS CONSTITUTION HALL Mayor Nyquist recognized Bill Lakotas, Chairman of the Bicentennial Committee. Mr. Lokatas noted his committee has met with the architect (CMA) and City staff and noted some additional recommendations have been made regarding the social hall /constitution hall. He stated these additional recommendations have brought about a cost increase from the original proposal; however, the committee will be raising additional funds to make up the deficit for these costs. The City Manager stated it is being recommended these items be implemented at this time. He stated the Constitution Committee has requested the City to make all necessary arrangements for these items and also to make full payment for the items when necessary. He added the Constitution Committee will fully reimburse the City for all costs related to these items. There was a motion by Councilmember Scott and seconded by Councilmember Hawes directing staff to prepare a resolution appropriating funds from the contingency account for the items outlined in the memorandum from the Director of Public Works. The motion passed. PAY EQUITY IMPLEMENTATION PLAN Mayor Nyquist stated the City Attorney has prepared an additional paragraph to be added to the resolution presented for this evening regarding the implementation plan. He noted it reads as follows: "BE IT FURTHER RESOLVED that the amended 1987 Employee Position and Classification Plan is approved and adopted solely for the purpose of compliance with the mandate of Minnesota Statutes, Sections 471.991 through 471.999; that adoption of said plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees after calendar year 1987; that said plan shall be subject to continuing review and 7 -27 -87 -12- 1 calendar year 1987; that said plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and." There was a general consensus among Councilmembers to approve the resolution J with the above stated amendment. ! RESOLUTION NO. 87 -151 Member Gene Lhotka introduced the following resolution and moved its adoption: J RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. { i OTHER BUSINESS Mayor Nyquist stated he would like to briefly discuss the Bill Kelly House which was tabled by the Planning Commission at its July 16, 1987, meeting. Mayor Nyquist stated representative Phil Carruthers was present at this meeting, and representative Carruthers spoke as though the City had some type of authority to deny or approve this use. Mayor Nyquist stated he did not agree with representative Carruthers' opinion and stated he had prepared a hand written resolution for the Council to consider this evening. He stated basically the resolution requests the legislature to open a special session to discuss and clarify the issue of state or local control for these types of uses. He stated he would like to see the City try to avoid legal action if at all possible. The City Manager stated he understands the Council's feelings of urgency in this matter but noted he did not believe it would be wise to pre -empt the Planning Commission process. He stated he would have staff and the City Attorney review the issues and have a report presenting the various options within the next week. Councilmember Hawes inquired if staff has checked into the present Bill Kelly House location. He noted he has received some comments regarding the upkeep of the present house. Councilmember Scott inquired if it would be possible for the City's police department to run some record checks through the Minneapolis police department regarding police calls for the present Bill Kelly house k location. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 10:02 p.m. �,AJ, City Clerk May G i i G ! 7 -27 -87 -13-