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HomeMy WebLinkAbout1986 04-07 CCM Regular Session I 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 APRIL 7, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:09 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum 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 7a and 7b be removed from the Consent Agenda. APPROVAL OF MINUTES - MARCH 24 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the March 24, 1986 City Council meeting as submitted. The motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Arby's Brookdale Center Beacon Bowl 6525 Lyndale Ave. N. Berean Evangelical Free Church 6625 Humboldt Ave. N. Bosa Donuts 1912 75th Ave. N. Brookdale Cinema 5801 John Martin Drive B. C. American Legion Post #630 4307 70th Ave. N. B. C. American Little League 60th & Xerxes Ave. N. Brooklyn Center Service Inc. 6849 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. Denny's Restaurant 3901 Lakebreeze Ave. N. Donaldson's Brookdale Center Donut Delight 6838 Humboldt Ave. N. Duke's Standard 6501 Humboldt Ave. N. 4 -7 -86 -1- Kim Fung 5704 Morgan Ave. N. Highway 100 N. France Racquet Club 4001 Lakebreeze Ave. N. K -Mart 5930 Earle Brown Dr. Little Brooklyn 6219 Brooklyn Blvd. Los Primos Brookdale Center Lynbrook Bowl 6357 N. Lilac Dr. Marc's Big Boy 5440 Brooklyn Blvd. Munch Box Snack Service 6840 -20 Shingle Cr. Pkwy. Nutrition World Brookdale Center 1 Potato 2 Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. Showbiz Pizza 5939 John Martin Dr. GARBAGE HAULERS LICENSE Waste Management - Blaine 10050 Naples St. NE MECHANICAL SYSTEMS LICENSE Air Conditioning Associates, Inc. 689 Pierce Butler Rte. All Season Comfort, Inc. 55 Mound Ave. N. Alta Mechanical & Electrical P.O. Box 545 Binder & Sons, Inc. 120 E. Butler Ave. Cherokee Refrigeration 285 W. George St. H. Conrad Manufacaturing Co. 509 lst Ave. NE Ditter, Inc. 3570 Kilkenny Lane Louis DeGidio, Inc. 6501 Cedar Ave. S. Dependable Heating & Air Cond. 2619 Coon Rapids Blvd. L.S.V. Metals, Inc. 6800 Shingle Cr. Pkwy. Thompson Air Conditioning 5115 Hanson Court Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE DEALERSHIP LICENSE Iten Chevrolet 6701 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Lutheran Church of the Master 1200 69th Ave. N. Five Star Vending 15034 Fillmore St. NE Hawatha Rubber 1700 67th Ave. N. Viking Gym 6504 Shingle Cr. Pkwy. PERISHABLE VENDING MACHINE LICENSE Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber 1700 67th Ave. N. Norcraft, Inc. Rte. 1 Box 222 Brooklyn Center High School 6500 Humboldt Ave. N. SIGNHANGERS LICENSE Poblocki & Sons, Inc. 620 S. 1st St. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Waldrum Sign Company 530 E. Pioneer Dr. SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. N. Brookdale Ten Apartments 53rd & Highway 100 4 -7 -86 -2- Brookwood Estates 6201 N. Lilac Dr. Columbus Village Apts. 507 70th Ave. N. Evergreen Park Apts. 7200 Camden Ave. N. Four Court Apts. 2836 Northway Dr. Garden City Court Apts. 3407 65th Ave. N. Hi Crest Apts. 1300 67th Ave. N. Holiday Inn 1501 Freeway Blvd. Marvin Garden Townhouses 68th & Orchard Ave. N. Moorwood Townhouses 5809 Lake Curve Lane North France Racquet Club 4001 Lakebreeze Ave. N. North Lyn Apts. 6511 Humboldt Ave. N. Northbrook Apts. 1302 69th Ave. N. TAXI CAB LICENSE Yellow Suburban 127 lst Ave. N. The motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract for Improvement Project Nos. 1985 -27 and 1986 -07 (Contract 1986 -G). He noted that this item had been tabled at the last Council meeting to allow staff more time to further review the bids. RESOLUTION NO. 86 -50 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR IMPROVEMENT PROJECT NOS. 1985 -27 AND 1986 -07 (CONTRACT 1986 -G) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, The City Manager presented a Resolution Approving Limited Use Permit from the Minnesota Department of Transportation for Use of Properties at Centerbrook Golf Course. He stated that it was staff's recommendation that this item be tabled indefinitely. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table the Resolution Approving Limited Use Permit from the Minnesota Department of Transportation for Use of Properties at Centerbrook Golf Course. The motion passed unanimously. The City Manager presented a Resolution Declaring Cost to be Assessed and Providing for a Hearing on Proposed Assessment for Nuisance and Hazard Abatement at 5800 Drew Avenue North. He stated that this resolution certifies the costs incurred relating to the removal of a hedge which was in violation of the City ordinance relating to site distance at intersections, and provides for the conduct of a hearing related to the special assessment. Mayor Nyquist asked why the City would not be recovering the attorney's fees. The City Manager stated that this was a unique case and that it was the staff's recommendation to only assess the total noted. Councilmember Scott asked if the hedge had merely been trimmed or totally removed. The City Manager stated that the hedge had been totally removed. Councilmember Lhotka asked if this action would set a precedent for future assessments. The City Manager stated 4 -7 -86 -3- that this was a unique case and that no precedent has been set. RESOLUTION N - 0. 86 51 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR A HEARING ON PROPOSED ASSESSMENT FOR NUISANCE AND HAZARD ABATEMENT AT 5800 DREW AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. i The City Manager presented a Resolution Authorizing the Execution of an Amendment to Petitio Regarding Special and Agreement Re ardin S ecial Assessments. He noted this action confirms the action of the HRA in the same matter. RESOLUTION NO. 86 -52 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO PETITION AND AGREEMENT REGARDING SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Approving Addendum No. 1 to the Plans and Specifications for Brooklyn Farm Storm Sewer Improvement Project No. 1986- 08, Contract 1986 -I. The Director of Public Works stated that this is the final step in approving a contract with Ryan Construction. RESOLUTION NO. 86 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM NO. 1 TO THE PLANS AND SPECIFICATIONS FOR BROOKLYN FARM STORM SEWER IMPROVEMENT PROJECT NO. 1986 -08, CONTRACT 1986 -I The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Establishing Project No. 1986 -11 for Installation of a Lightning Protection System at Grandview Park, Appropriating Funds Therefor, and Accepting Quotation. He briefly reviewed the memorandum and other materials prepared by the Director of Public Works and stated that this project should warrant consideration. Councilmember Lhotka asked if the protection system would be installed on each pole. The City Manager stated that the protection system would be installed on all 12 poles and on the park shelter building. Councilmember Lhotka asked why it was necessary to put a lightning rod on each pole. The Director of Public Works stated that each pole is the same height and it is difficult to determine which pole will be hit by lightning. Councilmember Theis asked if there would be any savings in our insurance rates and if this is a project we should consider doing in other parks. The Director of Finance stated that there would be no insurance savings from this g project, and that P J � there is not a 4 -7 -86 -4- pattern in any other park in the City to warrant this project. Councilmember Scott asked if there would be any danger to a person leaning against the poles. The Director of Public Works stated the round cable will be insulated ated up to ten feet from the ground. RESOLUTION NO. 86 -54 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1986 -11 FOR INSTALLATION OF A LIGHTNING PROTECTION SYSTEM AT GRANDVIEW PARK, AMENDING THE GENERAL FUND BUDGET TO APPROPRIATE FUNDS THEREFOR, AND ACCEPTING QUOTATION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Establishing Employee Retirement Incentive Program. Councilmember Lhotka asked what staff is trying to accomplish by this resolution. The City Manager stated that the previous retirement incentive program had been initiated to reduce staff because of financial problems. He stated that the proposed retirement incentive program would encourage people to retire when they are eligible, and it would also give the City adequate notice of a person's retirement. Councilmember Lhotka stated that he had a problem accepting this as a permanent program. The City Manager explained that the program would expire in 1990 and would require the City Manager to review the program and bring it before the Council in 1988. Councilmember Lhotka stated that he views an incentive program as an exception to the rule not an every day occurrence. Councilmember Hawes asked if he was correct in assuming that since a person has to give a two year notice before retirement, there will be no payments until 1988. The City Manager stated that there is a provision which states that those employees who are qualified and intend to retire prior to March 31, 1988 must submit a letter of retirement to the City Manager before July 1, 1986 to be eligible for the program. Councilmember Theis noted that it had been alluded to, that as people grow older they are not as capable of peak performance; and also that the longer a person works for the City the more they are paid. He asked if this means the City should decrease their salaries the longer they work for the City because of the bad habits they have acquired. The City Manager stated that most people work well past retirement age, but others have medical disabilities which hinder their productivity. He added that staff is not talking about performance problems but physical problems. There was a motion by Councilmember Scott and seconded by Mayor Nyquist to approve the Resolution Establishing Employee Retirement Incentive Program. Councilmember Lhotka stated that he would have a hard time accepting this program because he feels the program should be used when it is necessary but not as a normal program. Councilmember Theis stated that he had voted for the original retirement incentive program because of the financial problems the City was experiencing. He added that he does agree with Councilmember Lhotka's statement that the program should be used as an exception not the rule. 4 -7 -86 -5- Councilmember Scott stated that she agrees with this proposal. She added that the financial crunch will be back with the City within the next year, and she did not feel it would be fair to eliminate nine months of retirees from this program. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to table the Resolution Establishing Employee Retirement Incentive Program for six months. The City Manager stated that staff would prefer the Council to approve or deny the resolution. He added that if the Council is not interested in this proposal as a permanent program, then the resolution should be denied. Councilmember Hawes stated that he would like to change his motion to table the resolution for 30 days, because he was not prepared to make a decision this evening. Councilmember Lhotka stated he would like to withdraw his second for the motion. Upon vote being taken on the foregoing motion to approve the Resolution Establishing Employee Retirement Incentive Program, the following voted in favor thereof: Mayor Nyquist and Councilmember Scott; and the following voted against the same: Councilmember Hawes, Theis, and Lhotka. The motion failed. The City Manager stated that staff would like to withdraw the Resolution Authorizing the Participation in any Retirement Incentive Program Adopted by the City Council in 1986 to those Employees who Retire in 1986 Prior to the Adoption of a Program. PRIVATE KENNEL LICENSE The City Manager stated that there is a public hearing scheduled for 7:30 p.m. this evening on an application for a private kennel license from James Zimmer, 5729 Bryant Avenue North. Councilmember Theis asked how this application had come to the City's attention. The City Manager stated that the applicant had contacted City staff and that private kennel license applications do not always arise from a complaint. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license application from James Zimmer, 5729 Bryant Avenue North. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Barbara Evertz, 5732 Bryant Avenue North, who stated that the dogs do howl, and she doesn't understand why other neighbors are not here. Councilmember Hawes stated that if the application were denied the applicant would still be allowed to keep two dogs, and would the absence of one dog make a great difference. Ms. Evertz stated she thought the absence of one dog would help. Councilmember Theis asked if there was any section in the noise abatement ordinance which would cover this type of problem. The City Manager stated that the noise abatement ordinance would cover this type of problem but that it is hard to enforce. Mayor Nyquist recognized Mr. Ken Blake, 5713 Bryant Avenue North, who stated that he and his wife would have no problem with the dogs howling during the daytime hours, but they would certainly object to the howling at night. He 4 -7 -86 -6- added that he felt Mr. Zimmer has the right to keep three dogs. Councilmember Scott stated that the applicant noted in his application that the dogs are brought into the house every night. Another resident asked how many dogs are allowed under the ordinance. The City Manager stated that the applicant has i applied for a private kennel license for a maximum number of three dogs. Mr. James Zimmer, the applicant, stated that he had just recently moved to Brooklyn Center and that he only intends to live in Brooklyn Center for one to two years. He stated that he does not believe his dogs howl that often because he has not heard any complaints from his neighbors. He added that if the dogs are a problem he would encourage his neighbors to talk to him, and that he would try to solve the problems. The City Attorney asked where the dogs were kept when the owner is away from the home. Mr. Zimmer stated that the dogs are kept outside during normal working hours and that in the evening if he is gone for short periods of time, the dogs would be left in the house. He added that 95% of the time the dogs are in the house between 7 :00 and 8:00 p.m. and until 7:15 a.m. Councilmember Scott stated that she had walked up to the applicant's home while the dogs were outside. She noted that the dogs did bark but that they did not create a nuisance. Councilmember Theis asked if the Council is allowed to place conditions or restrictions on the application. The City Manager stated that conditions or restrictions are allowed as long as they are reasonable. Councilmember Theis stated that he would hate to put restrictions on the applicant that would dictate for three years, considering the fact that the applicant and the surrounding neighbors have not experienced a spring and summer together yet. Mayor Nyquist inquired if there was anyone else 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. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on a private kennel license from James Zimmer, 5729 Bryant Avenue North. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the application for a private kennel license at 5729 Bryant Avenue North for the period of one year, at which time the application would come back for Council review. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. He explained this ordinance was first read on March 10, 1986, published in the City's official newspaper on March 20, 1986, and it is recommended for a second reading this evening. He noted this item requires a 4/5 vote by the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. He inquired if there is anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes 4 -7 -86 -7- to close the public hearing on An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. ORDINANCE NO. 86 -04 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING RUMMAGE SALE SIGNS AND CERTAIN REAL ESTATE SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed. Councilmember Lhotka voted against the motion. Councilmember Lhotka stated he agreed with the ordinance amendment except for the portion regarding balloons, banners, pennants, and streamers. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1986 General Fund Budget. He noted that this item relates to the installation costs for the civil defense sirens, and went on to explain that when NSP had given the City an estimate they had quoted a price for single phase service. However, he noted some of the sirens that were installed required three phase service which was more expensive. Councilmember Lhotka asked if this was a one time expense. The City Manager responded affirmatively. RESOLUTION N0. 86 -55 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Approving Proposed Program for Year XII Urban Hennepin County Community Development Block Grant Funds and Authorizing its Submittal. The City Manager stated that Barb Jensen from the Community Development Block Grant Committee was here this evening to make the committee's recommendation. Ms. Jensen came forward and stated that it was the committee's recommendation that $154,961 be allocated to the Housing Grant Program, and that $14,255 be allocated to the Contingency Fund. RESOLUTION NO 86 -56 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into a Joint Powers Agreement to Form a Coalition of Metropolitan Communities. He stated that this item pertains to the Northwest Mayor's group. 4 -7 -86 -8- li RESOLUTION NO. 86 -57 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMUNITIES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and the motion a ssed. Mayor Nyquist voted P y yq against the motion. RECESS The Brooklyn Center City Council recessed at 8 :08 p.m. and reconvened at 8:24 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86009 SUBMITTED BY DR. JOHN B. LESCAULT REQUESTING AN APPEAL FROM AN ACTION BY THE CITY IN 1984 TO RECLASSIFY THE CHIROPRACTOR'S OFFICE IN THE HOME AT 6142 BROOKLYN BOULEVARD AS A SPECIAL HOME OCCUPATION RATHER THAN A PERMITTED HOME OCCUPATION The City Manager explained this application was discussed at the Planning Commission's February 27, 1986 meeting at which time the commission directed staff to return with a resolution denying the appeal. The Director of Planning & Inspection reviewed the history of this application and the Planning Commission information sheet prepared for this application. He went on to review the resolution which was adopted by the Planning Commission at its March 27, 1986 meeting and noted that staff recommends adoption of the resolution by the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 86009. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Dr. John B. Lescault, the applicant, who stated that he should be given the opportunity to exercise his rights. He stated that he felt the term secondary and incidental should be more clearly defined. He added that traffic generation figures should not be considered when approving a home occupation. The Director of Planning & Inspection stated that he would like to clarify a point about the traffic figures. He stated that neither the Planning Commission or City staff is concerned about the traffic on Brooklyn Boulevard but the onsite traffic generation. He noted that one of the distinctions between permitted home occupations and special home occupations is that permitted home occupations generally do not draw much traffic to the home. Dr. Lescault stated that he has tried to refinance his home and that the mortgage companies have turned him down because they view his property as commercial property. The Director of Planning & Inspection stated that the question is not a matter of rezoning or changing the use of property. Councilmember Scott asked the applicant if he felt his business did not qualify for a special home occupation permit. Dr. Lescault stated that he would not reply to the question. Councilmember Scott asked the applicant if 4 -7 -86 -9- II the court had not remanded him to come back to the City to exhaust his administrative remedies. Dr. Lescault responded affirmatively. Councilmember Scott asked how this issue can be solved if the applicant will not answer the questions. Councilmember Hawes stated that he agrees with the denial of the appeal and added that he feels the issue has nothing to do with traffic generation on Brooklyn Boulevard, but with the zoning of the property as R1 and the restrictions placed on R1' property. Councilmember Lhotka noted that he is generally not the most lenient person in regard to home occupations. He added that he understands the need for home occupations, but that he feels a residential dwelling should be a home and not a business. Mayor Nyquist inquired if there was anyone else in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the ublic hearing. ing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 86009. The motion passed unanimously. RESOLUTION NO. 86 -58 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DENYING THE APPEAL OF DR. JOHN B. LESCAULT AND AFFIRMING THE ZONING ADMINISTRATOR'S DECISION TO CLASSIFY DR. LESCAULT'S CHIROPRACTIC OFFICE, 6142 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA, AS A SPECIAL HOME OCCUPATION The motion for adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 86011 SUBMITTED BY ROY HANSEN LOMBARD PROPERTIES REQUESTING PRELIMINARY SUBDIVISION APPROVAL TO COMBINE INTO A SINGLE PARCEL OF LAND THE THREE VACANT TRACTS TRACTS D E AND F OF R.L.S. NO. 1572) AT THE NORTHWEST CORNER OF FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY The City Manager noted this item was recommended for approval by the Planning Commission at its March 27, 1986 meeting. The Director of Plannin g & Inspection referred the Council to pages two and three of the March 27, 1986 Planning Commission minutes and the informational sheet on Application No. 86011 attached with those minutes. He proceeded to review the application and noted that the area is approximately 5.8 acres. He added that it is Lombard's intention to pursue an office building of four, five, or six stories. The Director of Planning & Inspection stated that the Planning Commission had recommended approval of Application No. 86011 subject to three conditions which he reviewed for the Council. Councilmember Hawes asked if the setbacks for private roads were the same as the setbacks for public roads. The Director of Planning & Inspection stated that the roadway would not meet the standards for a public road. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86011 submitted by Roy Hansen /Lombard Properties requesting preliminary subdivision approval to combine into a 4 -7 -86 -10- single parcel of land the three vacant tracts (tracts D, E, and F of R.L.S. No. 1572) at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. Mayor Nyquist 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. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 86011 submitted by Roy Hansen /Lombard Properties. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86011 submitted by Roy Hansen /Lombard Properties requesting preliminary subdivision approval to combine into a single parcel of land the three vacant tracts (tracts D, E, and F of R.L.S. No.1572) at the northwest corner of Freeway Boulevard and Shingle Creek Parkway, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary R.L.S. shall be modified to indicate the following: a) Land area, zoning and proposed use of the property and such other information deemed appropriate by the City Engineer. b) An easement agreement over the northerly portion of the property for the private access road, a 15' greenstrip adjacent to the access road, and a 25' building setback from the road, shall be provided prior to filing of the subdivision at the County. The motion passed unanimously. PLANNING COMMISSION APPLICATION N0. 86013 SUBMITTED BY STEPHEN COOK REQUESTING PRELIMINARY PLAT AND SITE PLAN APPROVAL FOR A TWO FAMILY LOT ON THE 5300 BLOCK OF RUSSELL AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its March 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages three through five of the March 27, 1986 Planning Commission minutes and the informational sheet on Application No. 86013 attached with those minutes. He proceeded to review the application and noted that each unit in the double bungalow would be 28' wide rather than 26' as indicated on the plan. He noted that the revised plan still exceeds the setback requirements of the City ordinance. He added that the applicant intended to install separate sewer and water services for each unit. The Director of Planning & Inspection stated that the Planning Commission had recommended approval of Planning Commission Application No. 86013 at its March 27, 1986 meeting subject to,four conditions which he reviewed for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on 4 -7 -86 -11- Planning Commission Application No. 86013 submitted by Stephen Cook requesting preliminary plat and site plan approval for a two family lot on the 5300 block of Russell Avenue North. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Lewis Hedlund, 5316,20 Russell Avenue North, who stated he felt the proposed building was disportionately large as compared to the existing duplexes. He added that he would like to request that the duplex be kept in proportion to the other duplexes on the block. Mayor Nyquist recognized Mr. Robert Hansen, 4951 Logan Avenue North, the owner of the property, who explained that he bought the property when the zoning was only single family. He pointed out that doubles are now allowed in this neighborhood. He added that he could not understand why other people who live in double bungalows on the block are complaining about having another double bungalow on the block. Mayor Nyquist then recognized Mr. Stephen Cook, the applicant, who stated that he has been trying to comply with the neighbor's wishes. He added that he felt some of the requests being made by the neighbors were unreasonable. Mayor Nyquist asked if there was anyone else present at the meeting who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 86013 submitted by Stephen Cook. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 86013 submitted by Stephen Cook requesting preliminary plat and site plan approval for a two family lot on the 5300 block of Russell Avenue North, 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. The plat of the property shall receive final approval and be filed at the County prior to the issuance of building permits. 4. The existing sewer service to the half -lots on the south side of the property (old legal description: North half of Lot 4, Block 2, Robert L. Hansen's First Addition) shall be disconnected at the main prior to the issuance of building permits unless separate sewer systems are provided for the two lots. The motion passed unanimously. FINAL PLAT APPROVAL COOK ESTATES There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the final plat of the Cook Estates. The motion passed unanimously. 4 -7 -86 -12- PLANNING COMMISSION APPLICATION N0, 86014 SUBMITTED BY BUDGET RENT A CAR (SEARS) REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A CAR RENTAL BUSINESS IN THE SEARS AUTOMOTIVE CENTER AT BROOKDALE The City Manager noted this item was recommended for approval by the Planning Commission at its March 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages five and six of the March 27, 1986 Planning Commission minutes and the informational sheet on Application No. 86014 attached with those minutes. He proceeded to review the application and also showed a transparency of the parking area under the canopy north of the auto center building. The Director of Planning & Inspection stated that a car rental business is a special use allowed in a C2 zone. He added that the Planning Commission recommended approval of Application No. 86014 subject to three conditions which he reviewed for Councilmembers. Councilmember Hawes asked if there had been any thought given to the construction of a wall or fence around the area. The Director of Planning & Inspection stated that this had not been indicated to the Planning Commission. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86014 submitted by Budget Rent a Car (Sears) requesting special use permit approval to conduct a car rental business in the Sears Automotive Center at Brookdale. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Jack Schmitz, a representative of the applicant. Councilmember Hawes stated he would like to ask Mr. Schmitz the same question regarding the wall or fence. Mr. Schmitz stated that at this time there were no plans to put a wall or fence around the area. He stated that Budget Rent a Car operates in six locations throughout the Twin City area, and added that if a problem develops they will have to address the situation. Councilmember Hawes asked the Director of Planning & Inspection if a wall .or fence would be permitted. The Director of Planning & Inspection stated that a security fence would be allowed. The City Manager stated that before a fence is erected the City should be allowed to try other ways to solve the problem. Councilmember Lhotka asked if he was correct in saying that there would be 12 cars allowed in the area. Mr. Schmitz stated that it would be a rare instance when there would be 12 cars in the lot. He noted that Budget Rent a Car makes their money with cars on the road not parked in a lot. He noted that usually there would only be three to four cars in the lot. Councilmember Scott asked what the hours of the Budget Rent a Car business would be. Mr. Schmitz replied that Budget Rent a Car would be open from 9 :00 a.m. to 7:00 p.m Monday through Friday; 9:00 a.m. to 3 or 4:00 p.m. on Saturday, and possibly 12:00 noon to 3:00 p.m. on Sunday. Mayor Nyquist asked if there was anyone else present at the meeting this evening who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86014 submitted by Budget Rent a Car (Sears). The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86014 submitted by Budget Rent 4 -7 -86 -13- a Car (Sears) requesting special use permit approval to conduct a car rental business in the Sears Automotive Center at Brookdale, subject to the following conditions: 1. The special use permit is subject to applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. Storage of inventory of cars for rent shall be confined to the area under the canopy. 3. Special use permit approval acknowledges rental and leasing only. No sales of automobiles or other vehicles is acknowledged by this action. The motion passed unanimously. The City Manager noted that the week of April 20 through the 27th is Volunteer Recognition Week. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:48 p.m. 9 City Clerk Mayor 4 -7 -86 -14-