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HomeMy WebLinkAbout1985 10-07 CCM Regular Session CORRECTED COPY 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 OCTOBER 7, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:08 p.m. ROLL CALL Mayor an Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. Councilmember Gene Lhotka was absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist recognized Ms. Carol Kleven, 5835 Zenith Avenue North, who stated she is present at this evening's meeting to speak about Ordinance 35- 900'regarding garage sales. Ms. Kleven stated she is in full agreement with the provisions of the ordinance limiting a property owner to four sales per year, and she also agrees with the provisions that do not allow signs to be posted on utility poles and other property. Ms. Kleven proceeded to explain her experience at a garage sale at her home last month in which other family members and neighbors participated in the sale. As part of the sale, she and her neighbors decorated her yard with free balloons, but a representative of the Police Department informed her that it would be necessary for all the balloons to be removed from the property. Ms. Kleven stated she received a letter from the officer and said the information in the letter is not the ordinance, but rather an interpretation of the ordinance. She felt that the officer was over zealous in enforcing the ordinance. Ms. Kleven also complained that when a neighbor of hers posted a for "sale sign" in the yard, the Police Department required that the sign be moved three inches to meet compliance of the sign ordinance. She felt this was harassment on the part of the Police Department. She also cited lenient enforcement of real estate sign violations. Ms. Kleven requested the City Council to look into the situation. Mayor Nyquist noted that an ordinance separate from the garage sale ordinance addresses real estate signs. The City Manager said the City does collect real estate signs when there are violations, and added that use of balloons is referenced in the zoning ordinance. The City Manager stated the City will respond to Ms. Kleven's complaint. Councilmember Hawes noted for the record that the officer Ms. Kleven had dealt with is a code enforcement officer and not a police officer. Mayor Nyquist recognized Mr. Roger Kloster, 7223 Lee Avenue North, who stated he is at this evening's meeting in an effort to determine why Wingard Lane has been closed to through traffic onto Brooklyn Boulevard. Mr. Kloster felt that not enough 10 -7 -85 -1- residents were notified by the City regarding the closure and recommmended that the City should have osted a notice prior to commencement of A p construction. Mr. Kloster stated that Wingard Lane is a public street financially supported by every citizen in Brooklyn Center, and, therefore, he demanded that Wingard Lane be reopened immediately. Mr. Kloster stated he had been told by the City that a November 1984 traffic count on Wingard Lane showed an average of 1,250 cars traveling on the street per day. He felt this is an average amount of traffic for a side street off of Brooklyn Boulevard. Mr. Kloster stated he felt his rights are violated because he no longer is able to drive through on Wingard Lane to get to Brooklyn Boulevard. He added that now there are 1,250 additional cars using the intersection of Brooklyn Boulevard and Noble Avenue North. He stated this causes problems with the church and the elementary school crossing at this intersection. He expressed concern over how emergency vehicles would gain access to the neighborhood now that Brooklyn Boulevard at Wingard Lane is closed, particularly if other major roads such as 69th Avenue North at Brooklyn Boulevard would be closed as a result of another emergency. Mr. Kloster also disagreed with the present sign posted on Wingard Lane which states "local traffic only ". Councilmember Theis noted that Wingard Lane was being used as a short cut for vehicles avoiding the Brooklyn Boulevard and Noble Avenue North intersection. Mr. Kloster responded that the City is then responsible for upgrading Wingard Lane if it is heavily traveled. Mayor Nyquist recognized Mr. Lowell Rick, 7207 Lee Avenue North, who requested that Wingard Lane be reopened. He noted that the 1,250 cars per day have been diverted from Wingard Lane to Noble Avenue North, and he expressed concern for children using the school crossing at 70th Avenue North. He also expressed concern for emergency vehicles attempting to access the neighborhood in the area. Mayor Nyquist recognized Mr. Greg Osborn, 7206 Lee Avenue North, who also is concerned about children crossing at Noble Avenue North and Brooklyn Boulevard. NT. Osborn questioned the sturdiness of the retaining wall installed at Wingard Lane, expressing great concern over how the snow plows will be able to do their job in the winter. He also stated that cars parked on the street during church services at Brooklyn Methodist Church will make it almost impossible to turn from Woodbine Lane onto Noble Avenue North. Mr. Osborn asked why other entries from side streets onto Brooklyn Boulevard have not been closed, as the same situation exists in other parts of the City. Mayor Nyquist noted that all the problems raised this evening by residents have already been thoroughly discussed and reviewed at the public hearing conducted prior to the commencement of construction. The City Manager stated the construction is a hammerhead turnaround which allows the most effective way for the snow plows to work. Mir. Osborn re- emphasized his belief that the retaining wall will not be sturdy enough during the winter months to handle all the snow. The Director of Public Works stated that there are no problems expected with the retaining wall, particularly because there have been no problems with others similar to it. The City Manager noted that the City's Comprehensive Plan addresses the possibility of closing nonmajor thoroughfares leading to Brooklyn Boulevard. Mr. Osborn stated he felt that residents should have been notified, and the City Manager responded saying a notice was published in the City's official newspaper. The Director of Public Works said notices were also sent to residents living on Wingard Lane, and the City is not required by state law to either publish a notice in the official newspaper or send notices to residents. Mr. Osborn requested a copy of the notice. 10 -7 -85 -2- Councilmember Scott asked when the last traffic count was done on Noble Avenue North, and the Director of Public Works responded that approximately 1983 was the last date. Councilmember Scott requested that another traffic count be conducted and suggested that in similar situations neighborhood groups be involved in the process. Mayor Nyquist again recognized Mr. Kloster who questioned the number of people who actually read the legal section in the newspaper, and demanded to know the reason for closing Wingard Lane. Mayor Nyquist informed Mr. Kloster that this had been discussed at the public hearing and the information can be forwarded to him by letter. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Hawes requested that item 10d be removed from the Consent Agenda. APPROVA _ _ PPROV L OF MINUTES SEPTEMBER 1 8 9, 9 5 REGULAR SESSION There was 'a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the September 9, 1985 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - SEPTEMBER 16, 1985 - SPECIAL SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the September 16, 1985 special session as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PERFORMANCE BOND RELEASE FOR QUICK LUBE, 6806 BROOKLYN BOULEVARD There was a motion by Councilmember Hawes and seconded by Councilmember Theis to release the performance guarantee in the amount of $6,500 for Quick Lube, 6806 Brooklyn Boulevard (Planning Commission Application No. 84038). Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. SUBDIVISION BOND RELEASE FOR DALE AND DAVIES 1ST ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to release the subdivision bond in the amount of $1,900 for Dale and Davies 1st Addition. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PROCLAMATION Councilmember Hawes introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF OCTOBER 20 -26, 1985 AS NATIONAL BUSINESS WOMEN'S WEEK II I The motion for the adoption of the foregoing proclamation was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against: none, whereupon said proclamation was declared duly passed and adopted. 10 -7 -85 -3- RESOLUTION RESOLUTION NO. 85 -182 Number Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE CAPITAL PROJECTS FUND TO THE MUNICIPAL LIQUOR STORES FUND The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: CIGARETTE LICENSE Jimmy Jingle 1304 E. Lake St. Brookdale Corp. Ctr. II 6200 Shingle Cr. Pkwy. Brookdale Corp.*Ctr. 6300 Shingle Cr. Pkwy. COMMERCIAL KENNEL LICENSE Northbrook Animal Hospital 413 66th Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Hilger Transfer 5 50'Zachary Ln. Waste Management 10050 Naples St. NE MECHANICAL SYSTEMS LICENSE General Sheet Metal Corp. 2330 Louisiana Ave. N. Metropolitan Mechanical 7340 Washington Ave. S. L.S.V. Metals, Inc. 6800 Shingle Cr. Pkwy. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling 1189 Eagan Ind. Rd. Budgetel Inn 6415 James Circle Jimmy Jingle 1304 E. Lake St. Brookdale Corp. Ctr. II 6200 Shingle Cr. Pkwy. Brookdale Corp. Ctr. 6300 Shingle Cr. Pkwy. PERISHABLE VENDING MACHINE LICENSE Jimmy Jingle 1304 E. Lake St. Brookdale Corp. Ctr. II 6200 Shingle Cr. Pkwy. Brookdale Corp. Ctr. 6300 Shingle Cr. Pkwy. SI NHANGERS LICENSE NSE Cragg Inc. 9636 85th Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - SEPTEMBER 23, 1985 - REGULAR SESSION There was 'a motion by Councilmember Theis and seconded by Councilmember Hawes to 10 -7 -85 -4- approve the minutes_ -Qf the Gity Council meeting of September 23, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Hawes and Theis. Voting against: none. The motion passed. Councilmember Scott abstained from voting as she was not present at the September 23, 1985 meeting. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85026 SUBMITTED BY RYAN CONSTRUCTION COMPANY REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL OF LAND AT THE NORTHEAST CORNER OF JOHN MARTIN DRIVE AND SHINGLE CREEK PARKWAY The City Fgnager explained this application was recommended for approval by the Planning Commission at its September 26, 1985 meeting. The Director of Planning & Inspection referred the City Council to page one of the September 26, 1985 Planning Commission meeting minutes and the informational sheet attached to those minutes. He reviewed the application and noted the Planning Commission recommended approval of the application subject to three conditions. He stated there is a public hearing scheduled for this evening and the applicant is present. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85026 submitted by Ryan Construction Company requesting preliminary plat approval to subdivide into two lots the parcel of land at the northeast corner of John Martin Drive and Shingle Creek Parkway, and inquired if there was 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 Scott and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 85026 submitted by Ryan Construction Company requesting preliminary plat approval to subdivide into two lots the parcel of land at the northeast corner of John Martin Drive and Shingle Creek Parkway. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 85026 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. Agreements for cross access and parking between both lots in this subdivision and the Target lot shall be filed with the plat at the County. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85028 SUBMITTED BY GREGORY LIALLIER REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A_ CHIROPRACTIC OFFICE HONE OCCUPATION IN THE RESIDENCE AT0 LEE AVENUE NORTH The C y Manager explained this item was recommended for approval by the Planning 10 -7 -85 -5- Commission at its_ September 26, 1985 meeting. The Director of Planning & Inspection referred the City Council to pages six through nine of the September 26, 1985 Planning Commission meeting minutes and the informational sheet attached with those minutes. He reviewed the application and noted the Planning Commission recommended approval of the application subject to eight conditions. He added there is a public hearing scheduled this evening, notices have been sent, and the applicant is present at this evening's meeting. Mayor Nyquist inquired as to why a sunset provision was not pursued if the applicant was agreeable to it. The Director of Planning & Inspection noted that it is possible to place such a provision upon the application, and agreed that it was not pursued. The City Attorney noted that if a sunset provision is pursued, it should be done with the consent of the applicant. Councilmember Theis questioned requirements for parking, and the Director of Public Works discussed the requirements. Councilmember Theis asked what the average number of trips to a residential unit are per day, and the Director of Public Works noted that any movement in or out is at an average of ten trips per day. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85028 submitted by Gregory L'Allier requesting special use permit approval to conduct a chiropractic office home occupation in the residence at 6336 Lee Avenue North. Mayor Nyquist recognized Mr. Marlow Pederson, 6330 Lee Avenue North, who asked what the benefits are to Brooklyn Center and the neighborhood of having a chiropractic home operation. Mayor Nyquist stated the request is an attempt by the applicant to get a start in his business, and said there may not be any benefits to the residents. He added that the City of Brooklyn Center does encourage people to locate their businesses in the City and this is a benefit to the community. Mr. Pederson stated this is a residential neighborhood and there should not be chiropractic practices in the neighborhood. Mayor Nyquist recognized the applicant, Mr. Greg L'Allier, who stated there will be a problem if he is required to widen his driveway towards his home rather than in any direction he desires. Mr. L'Allier asked if this requirement had been stricken from the conditions, and the Director of Planning & Inspection stated that the Planning Commission did not strike the requirement regarding widening the driveway towards the house. Mayor Nyquist asked if there is a problem with widening toward the house, and Mr. L'Allier said some of his shrubbery would have to be removed. Councilmember Scott expressed concern with the applicant's statement in the Planning Commission minutes that the applicant may see up to four patients per hour. She calculated that in one eight hour day the applicant could see a maximum of 32 patients. She expressed concern over this high number and noted that such activity belongs in a clinic rather than a home operation. Councilmember Scott also noted there maybe a problem with too many cars in the driveway during office hours. Mr. L'Allier stated he agreed with the possibility that he may see up to four patients per hour, but he will see no more than twenty patients per day. He noted that the four patients per hour is a maximum. Councilmember Theis pointed out that with a maximum of twenty patients there will be more intense use of the home than the normal residential home has. He expressed concern that this activity will deviate from the normal home occupation use. Mr. L'Allier again stated that he would see a maximum of 20 patients per day, and if he does have that many patients he would look to practice elsewhere. 10 -7 -85 -6- Mayor Nyquist asked Mr. L'Allier if he is willing to agree to a provision that when the applicant sees more than 12 patients at least two days per week that the home occupation permit would expire. Mir. L'Allier responded affirmatively. The City Attorney noted that it is difficult to police the number of patients using a clinic and it is preferable to use a sunset provision rather than set limits on the number of patients. Mayor Nyquist asked the applicant if he would agree to terminate the permit after a two year period, and Mr. L'Allier agreed to amend his application to request a home occupation special use permit for a period of two years. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 85028 submitted by Gregory L'Allier requesting special use permit approval to conduct a chiropractic office home occupation in the residence at 6336 Lee Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Scott stated she has some problems with interpreting this as a home occupation use. She proposed that limitations be set on the hours of operation, the number of patients per day, and that a sunset provision be placed in the conditions. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning' Commission Application No. 85028 subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 9:00 a.m. - 12:00 p.m. and 2:00 p.m. to 5:00 p.m., Monday through Friday on an appointment only basis. The applicant as operator is limited to no more than 20 patients per day. 4. All parking associated with the home occupation shall be off- street on improved space rovided b the applicant. P Y PP 5. Special use permit approval acknowledges use of the living room and one room approximately 11' x 10' for the home occupation. No expansion to other rooms for the purpose of diagnosis or treatment is acknowledged. No nonresident employee is acknowledged by this approval. 6. The premises shall be inspected by a City Building Inspector prior to the issuance of the special use permit. Any alterations to the home recommended by the Building Inspector shall be completed prior to issuance of the special use permit. 7. The applicant shall widen the driveway to at least 17' 4 in width toward the house prior to the issuance of the special use permit in order to accommodate at least two patient vehicles in the driveway at one time. 10-7-85 -7- 8. Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 9. This special use permit shall expire within two years after its issuance and is subject to a review by the City Council after one year of operation. Voting in favor: Mayor Nyquist, Councilmembers Scott and Hawes. Voting against: Councilmember Theis. The motion passed. Mayor Nyquist expressed his reservations with the home occupation ordinance, and the City Manager stated staff will review the ordinance. RECESS The Brooklyn Center City Council recessed at 8:42 p.m. and reconvened at 8:56 p.m. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COPM'IISSION APPLICATION NO. 85029 SUBMITTED BY LOMBARD PROPERTIES, INC. REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A TWO -PHASE OFFICE DEVELOPMENT, SOUTH OF FREEWAY BOULEVARD AND NORTH OF I -94 IN THE I -1 ZONE, EAST OF EARLE BROWN BOWL -' PLANNING COMMISSION APPLICATION NO. 85030 SUBMITTED BY LOMBARD PROPERTIES, INC. REQUESTING PRELIMINARY R.L.S. APPROVAL TO RESUBDIVIDE INTO FIVE TRACTS THE THREE TRACTS OF LAND SOUTH OF FREEWAY BOULEVARD BETWEEN EARLE BROWN BOWL AND THE HOLIDAY INN, AND VACATED HIGHWAY RIGHT -OF -WAY WHERE THE OLD HUMBOLDT INTERCHANGE USED TO BE The City Manager noted that these related items were recommended for approval by the Planning Commission at its September 26, 1985 meeting. The Director of Planning & Inspection referred the City Council to pages 9 through 11 of the September 26, 1985 Planning Commission meeting minutes and the two informational sheets attached with those minutes. He proceeded to review the applications and noted that notices have been sent and a notice was published in the City's official newspaper regarding this evening's public hearing. Councilmember Scott requested to review building plans for these applications, and the Director of Planning & Inspection presented the plans to her. The Council then reviewed those plans with the Director of Planning & Inspection. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85029 submitted by Lombard Properties, Inc. requesting site and building plan and special use permit approval to construct a two phase office development, south of Freeway Boulevard and north of I -94 in the I -1 zone, east of Earle Brown Bowl, and Planning Commission Application No. 85043 submitted by Lombard Properties, Inc. requesting preliminary R.L.S. approval to resubdivide into five tracts the three tracts of land south of Freeway Boulevard between Earle Brown Bowl and the Holiday Inn, and vacated highway right -of -way where the old Humboldt interchange used to be. He inquired if there was 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. Councilmember Scott asked if the City is receiving new landscaping plans including a mix of trees, and Mr. Al Beisner, representing Lombard Properties, Inc., stated the City will receive such plans. 10 -7 -85 -8- There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application Nos. 85029 and 85030. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 85029 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 I of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. Storm sewer outlets into I -94 right -of -way are subject to permits by MN /DOT prior to the issuance of building permits. 10. The new R.L.S. for the property shall receive final approval and be filed at the County prior to the issuance of building permits. 11. The special use permit is subject to all applicable codes, ordinances and regulations and any violation shall be grounds for revocation. 12. Approval acknowledges general office occupancy only. No medical or dental tenants are comprehended because of the number of parking and proof -of- parking spaces provided on the plan. 10 -7 -85 -9- 13. Sewer calculations shall be submitted to the Engineering Department prior to issuance of the building plan to determine that the proposed use is within existing sewer capacities. 14. Plan approval acknowledges proof of parking for 87 additional parking stalls. The applicant shall acknowledge in writing that he shall install said stalls upon determination of the need by the City. Said acknowledgement shall be filed with the title to the property as a deed restriction. 15. The applicant shall revise his landscape plan prior to the issuance of building permits to provide a variety of species of trees along the nonpublic access to the property. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 85030 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 the Chapter 15 of the City Ordinances. 3. An easement agreement covering Tract A and stipulating a minimum 10' parking setback and 25' building setback shall be executed and filed with the R.L.S. at the County. 4. Vacation of Irving Avenue North right -of -way over Tract D, R.L.S. 1482 shall be subject to an agreement stipulating peak sewer flow and payment of utility hookup charges as drafted by the Director of Public Works. Said agreement to be executed prior to final R.L.S. approval. 5. Tract B of the proposed R.L.S. shall be widened to accommodate an entrance drive within Tract B with one entrance lane and two exit lanes as recommended by the Director of Public Works. Tract B shall also be wide enough so that a total of 15' of greenspace shall exist between the entrance drive and adjacent parking lots. 6. Access to Tract A of the proposed R.L.S. shall be limited to the entrance drive within Tract B of the proposed R.L.S. No access shall be permitted from Freeway Boulevard directly to Tract A. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances to Allow Chapels, Churches, Synagogues, and Temples as a Special Use in the R5 Zoning District. He stated this item was first read on September 9, 1985, published in the 10 -7 -85 -10- City's official newspaper on September 19, 1985, and is offered this evening for a second reading. He added 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 Chapter 35 of the City Ordinances to Allow Chapels, Churches, Synagogues, and Temples as a Special Use in the R5 Zoning District. He noted this is an Ordinance Amendment which is general in nature and not specifically regarding the property at Brooklyn Boulevard and I -94. Mayor Nyquist recognized Mr. Willard Bartos, 4106 -65th Avenue North, who asked if a special use permit expires after a one year period, and the City Manager stated that an applicant has a one year period to use a special permit. Mr. Bartos told the Council that in the City ordinances a special use permit allows the raising of a tent and expressed concern that a tent would be put up on the lot at Brooklyn Boulevard and I -94 creating additional noise in the neighborhood. The Director of Planning & Inspection clarified the difference between a special use and an administrative permit, noting that any development on the property requires a permanent structure. There are provisions in the zoning ordinance for administrative permits which allow tents and other temporary structures to be put up for a limit of ten days. Mayor Nyquist asked that the discussion be limited to the ordinance before the City Council this evening. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances to Allow Chapels, Churches, Synagogues, and Temples as a Special Use in the R5 Zoning District. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis asked if the water drainage problems in the area of Brooklyn Boulevard and I -94 have been reviewed, and the Director of Public Works noted the applicant is required to provide drainage proposals prior to approval of their building and site plan applications. ORDINANCE NO. 85 -15 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CHAPELS, CHURCHES, SYNAGOGUES AND TEMPLES AS A SPECIAL USE IN THE R5 ZONING DISTRICT The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes., and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances to Allow Convenience Food Restaurants as Permitted Use in Shopping Centers over 250,000 Sq. Ft. in Floor Area. He noted this ordinance was first read on September 9, 1985, published in the City's official newspaper on September 19, 1985, and is offered this evening for a second reading. He added 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 Chapter 35 of the City Ordinances to Allow Convenience Food Restaurants as Permitted Use in Shopping Centers over 250,000 Sq. Ft. in Floor Area, and inquired if there was anyone present who wished to speak at the public hearing. No one 10 -7 -85 -11- 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 An Ordinance Amending Chapter 35 of the City Ordinances to Allow Convenience Food Restaurants as Permitted Use in Shopping Centers over 250,000 Sq. Ft. in Floor Area. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -16 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW CONVENIENCE FOOD RESTAURANTS AS A PERMITTED USE IN SHOPPING CENTERS OVER 250, 000 SQ. FT. IN FLOOR AREA The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. DISCUSSION ITEM SEWER LIFT CLAIMS The City Manager referred the Council to information received from the City Attorney. Councilmember Hawes expressed the concern that there has been some misdirection on the part of the people involved and any action has been delayed because of this. He requested the City Attorney to make a recommendation on how to bring this issue to a swift close. The City Attorney noted that most of the members of the City Council have expressed the view that they would like the City to pay the claims and attempt to recover the money. He recommended against this option because he sees it as improper expenditure of public funds. He stated the City frequently receives requests ! similar to that before the Council this evening, and in order to make an expenditure the Council must follow statute or a rule of law. In order to follow a rule of law, the City Attorney stated the City must pay when negligent, but no negligence has been found by the City in this case. He pointed out that if the City P Y a s the claims when no public liability xists then each of th Y , e City Council members could personally Il j be liable for replacing the money into City funds. He emphasized that the authority does not exist for the City to expend the funds. The City Attorney noted that possible remedies to those injured have been explained, and reviewed the two methods of either filing a claim in conciliation court or having all of those injured hire the same lawyer and have that lawyer bring the claims to court. The City Council, the City Attorney, and staff discussed the situation, reviewing the City's role and the options available to the injured parties. Mayor Nyquist recognized Mfrs. James Woods, 5900 Upton Avenue North, who said she was unaware that the sewer backup was occurring until the following morning. She stated her husband is an electrician and asked the City Engineer for some information. According to Mrs. Woods, the City Engineer told her husband that a response to Mr. Woods' questions would not be available until October 9, 1985. The Director of Public Works responded that he was unaware of the conversation between Mr. Woods and the City Engineer and did not know the questions of the particular situation. He added that the City crews responding to the sewer lift malfunction 10 -7 -85 -12- I , made a sincere effort to contact all the property owners. Mrs. Woods expressed dissatisfaction with this response, noting that a City truck was outside of her door the evening of the malfunction and she was not contacted that night. Mayor Nyquist recognized Mr. Vern Lindstrom, 2800 O'Henry Road, who suggested a third alternative available to homeowners, that being for the City to admit negligence in the case. Mayor Nyquist recognized Mrs. Mark Johnson, 2712 0 1 Henry Road, who asked who gave the City Engineer authority to tell her to contact a cleaning crew after the malfunction. She added that she is unable to pursue the option of going to conciliation court because she would lose time at work. Mayor Nyquist recommended that the City pay for the claims of the residents and pursue the parties at fault. He recognized Mt-s. Woods who noted that some homeowners have not yet filed claims and complained that not all residents were notified of the meeting with the City Attorney. Mayor Nyquist recognized Mrs. Richard Schlavin, 5907 Upton Avenue North, who said that although the City has said it acted in good faith, no one from the City had ever sent her anything. The Director of Public Works said the City Engineer compiled a list of addresses where a possibility existed for damages to occur, and these residents were contacted. Mayor Nyquist recognized the daughter of Mr. Gerald Van Tassel, 6268 Brooklyn Drive, who stated her parents had not been contacted since the night of the incident. Mayor Nyquist recognized Mr. Gordon Peterson, 6240 Brooklyn Drive, who stated he was away from his home on the evening of the malfunction, but his son was and he spent a great deal of time all night cleaning up his home. Mr. Peterson stated he was never contacted by anyone from the City, but he did contact the City. He added neither of his neigbors on either side of his residence suffered damage due to the speedy work of the City crews. Councilmember Hawes asked the City Attorney if the City admits it is at fault, would the insurance company cover the claims. The City Attorney responded saying the claims may not be covered. Councilmember Theis asked what the total dollar amount from the damage is estimated at, and the City Attorney stated that claims in the amount of about $7,500 had been filed, but the figure could go higher. Mayor Nyquist asked if the City can pay the claims of the property owners and then attempt to settle the claims with the contractor's insurance company. The City Attorney responded saying a substantial question of the proper expenditure of public funds still remained. Mayor Nyquist recommended that if the City is confident that it was not negligent in this case then the City should settle the claims with the property owners. Councilmember Theis asked if a similar situation occurs in the future, what obligation would the City have to act in the same manner. The City Attorney stated there would be no legal obligation to act in this same way in the future. There was a motion by Mayor Nyquist and seconded by Councilmember Theis to direct staff to prepare a resolution to have the City purchase the claims caused by the sewer lift malfunction and to have the City obtain reimbursement from the contractor and all other responsible parties. 10 -7 -85 -13- i Councilmember Hawes stated he wants the residents to receive their money, but said he cannot take on the personal financial responsibility if this action goes against the City. Mayor Nyquist stated he suspects the possibility of that is remote. Councilmembers Theis and Scott stated they could not afford the costs either. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Theis and Scott. Voting against: Councilmember Hawes. The motion passed. The City Manager stated that staff will attempt to report back to the City Council at either the October 21, 1985 or November 4, 1985 City Council meeting. He added the residents will be kept abreast of the situation. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Relating to a Project Under the Municipal Industrial Development Act and Calling for a Public Hearing Thereon. He noted this resolution relates to awarding industrial development bonds to Ryan Construction Company. He noted that Councilmember Lhotka who is not in attendance at this evening's meeting had requested clarification of the size of the building proposed by Ryan Construction Company and expressed some discontent over the proposal. The City Council and staff discussed the potential proposal related to Ryan Construction Company. RESOLUTION NO. 85 -183 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving and Authorizing the Execution of a Negotiation Agreement. He noted that this item also appears on the agenda for the Housing and Redevelopment Authority meeting. He added that the passage of this resolution is necessary for Lombard Properties to prove that they are negotiating with the City of Brooklyn Center when attempting to obtain quotations. RESOLUTION NO. 85 -184 Mlember Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A NEGOTIATION AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the Mayor and City Manager to Execute an Agreement with the Shingle Creek Land Company Relating to Surplus MN /DOT 10 -7 -85 -14- i Right-of-Way Adjacent t g y � o Tract B, Registered Land Survey No. 1 Councilmember 377• Hawes asked what the City's interest is as stated in item 1 in the resolution, and the City Manager said the City has the first right to take the property as public property. RESOLUTION NO. 85 -185 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SHINGLE CREEK LAND COMPANY RELATING TO SURPLUS MN /DOT RIGHT -OF -WAY ADJACENT TO TRACT B, REGISTERED LAND SURVEY NO. 1377 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Agreement with Braun Engineering for Geotechnical Design Services Relating to Design of Municipal Golf Course. The Director of Public Works explained the process of obtaining the estimates. Councilmember Theis asked if there is any difference in performance between the two firms cited in the resolution, and the Director of Public Works said the City has had excellent results from both companies. RESOLUTION NO 85 -186 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH BRAUN ENGINEERING FOR GEOTECHNICAL DESIGN SERVICE RELATING TO DESIGN OF MUNICIPAL GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEM (CONTINUED) JOINT SCHOOL -CITY MEETING, NOVEMBER 25, 1985, 7:00 p.m. The City Manager stated the school district has requested a joint meeting with the City Council and the school board on November 25, 1985 at 7:00 p.m. He stated the City will host the meeting at City Hall. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to schedule a Joint School -City Meeting on November 25, 1985, 7:00 p.m. at City Hall. Voting in favor: Mayor Nyquist, Councilmember Scott, Hawes, and Theis. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The ooklyn Center City Council adjourned at 10:55 p.m. , Dep 4tk Cfty - Mayor - 10-7-85 -15- '