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HomeMy WebLinkAbout1985 11-04 CCM Regular Session 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 NOVEMBER 4, 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 7:10 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, and Deputy City Clerk Geralyn Barone. Mayor Nyquist noted that Councilmember Gene Lhotka was out of town and absent from this evening's meeting. INVOCATION The invocation was offered by Pastor Bob Zeimes of United Methodist Church. RECESS The Brooklyn Center City Council recessed at 7: 11 p.m. and reconvened at 7:20 p.m. 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 Theis requested that item 8a be removed from the Consent Agenda. Mayor Nyquist also removed item 7a from the Consent Agenda. The City Manager noted a change in agenda item 10d, pointing out that the word "candle" had been eliminated from the resolution. APPROVAL OF MINUTES - OCTOBER 21, 1985 - REGULAR SESSION There was a motion by Councilmemaer Scott and seconded by Councilmember Theis to approve the minutes of the City Council meeting of October 21, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PROCLAMATION Councilmember Scott introduced the following proclamation and moved its adoption: DECLARING THE WEEK OF DECEMBER 15 -21, 1985 AS NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS WEEK 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. Voting against: 11 -4 -85 -1- none, whereupon said proclamation was declared duly passed and adopted. PERFORMANCE BOND REDUCTION FOR HIGHWAY 100 TENNIS CLUB, 4001 LAKEBREEZE AVENUE NORTH There was a motion by Councilmember Scott and seconded by Councilmember Theis to reduce the performance bond to $30,000 for Highway 100 Tennis Club, 4001 Lakebreeze Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PERFORMANCE BOND REDUCTION FOR MADSEN FLORAL TOWNHOUSES, 55TH AND ALDRICH DRIVE There was a motion by Councilmember Scott and seconded by Councilmember Theis to reduce the performance bond to $10,000 for Madsen Floral Townhouses, 55th and Aldrich Drive. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTON NO. 85 -194 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF NANCY MANSON 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. RESOLUTION NO. 85 -195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CERTAIN TECHNICAL ADJUSTMENTS AND REVISIONS TO EARLE BROWN FARM REDEVELOPMENT PLAN AND EARLE BROWN FARM TAX INCREMENT DISTRICT PLAN 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. RESOLUTION NO. 85 -196 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 62373 BETWEEN THE CITY OF BROOKLYN CENTER AND THE STATE OF MINNESOTA, PROVIDING FOR THE INSTALLATION OF CROSSING GATES AND FLASHERS AT THE S00 LINE RAILROAD CROSSING ON FRANCE AVENUE NORTH 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. 11 -4 -85 -2- RESOLUTION NO. 85 -197 Me"mber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION INVITING CITIZENS TO LIGHT PORCHLIGHTS OR OTHER LIGHTS FROM DUSK TO DAWN ON NOVEMBER 19 AND 20, 1985 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 Scott and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Peking Place 5704 Morgan Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Denne's Market 6912 Brooklyn Blvd. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PROCLAMATIONS (CONTINUED) Mayor Nyquist stated that he had some problems with the wording of the proclamation on All American Buckle Up Week, particularly the third and fourth paragraphs of the proclamation. He pointed out that the public does not always hear about those injuries or deaths occurring when seat belts contributed to those injuries or deaths. There was a motion by Councilmember Scott and seconded by Councilmember Theis to amend the Proclamation Declaring the Week of November 24 -30, 1985 as All American Buckle Up Week by deleting the third and fourth paragraphs from the proclamation. Councilmember Hawes asked if the paragraphs could be revised rather than removed. He suggested replacing the word "reduce" with "prevent" in the third paragraph, and suggested that in the fourth paragraph, the statement be revised to say "the use of safety belts and child safety seats contribute to child safety ". After some discussion by the Council, Councilmember Scott agreed to amend her motion by completely deleting the third paragraph but revising the fourth paragraph to state "whereas, the use of safety belts and child safety seats contributes to child safety; and ". Councilmember Theis did not object to the amendment. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF NOVEMBER 24 -30, 1985 AS ALL AMERICAN BUCKLE UP WEEK 11 -4 -85 -3- The motion for the adoption of the foregoing proclamation was P g g p duly seconded by member Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis. Voting against: none, whereupon said proclamation was declared duly passed and adopted. PERFORMANCE BOND RELEASE FOR EARLE BROWN FARM ESTATES, 5TH ADDITION, XERXES PLACE AND FREEWAY BOULEVARD Councilmember Theis noted that at one time the landscaping plans for this project had been discussed, and he asked how the plans had been implemented. The Director of Planning & Inspection stated the plan has been completed and the total number and approximate locations of the landscaping conform to the plan. Councilmember Theis said he thought the shrubbery was supposed to be more dense, and asked to see a comparison between the proposed landscaping plans and what is actually in place. There was a motion by Councilmember Theis and seconded by Councilmember Scott to table the performance bond release for Earle Brown Farm Estates, 5th Addition, Xerxes Place and Freeway Boulevard until the next meeting when plans are available. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Agreement with A.E.C. Engineers and Designers for Professional Engineering Services Relating to Inspection and Reconditioning of Water Tower No. 3 (located south of T.H. 100, West of Lions Park) . He said staff recommends that water tower No. 3 be inspected and scheduled for reconditioning in the spring of 1986. He added the resolution provides for establishment of the project and for hiring of A.E.C. to provide condition inspection, preparation of specifications and inspection of the work of the contractor. Councilmember Hawes commented that the bottom of the water tower is black, and the City Manager stated this is from bacterial growth. The Director of Public Works noted that several other cities have experienced the same type of problems with the bacterial growth on water towers of the similar shape to water tower No. 3. He added that the use of a glossy paint is the best preventative for the growth, but it is not guaranteed. Councilmember Scott asked if any type of cleaning process is available for the years in between the painting of the water tower to prevent the bacterial growth, and the Director of Public Works stated that the use of high pressure hoses has proved not to be effective for the problem. He added that some other cities have used chemical treatments for the problem, but found this was not approved by the Department of Natural Resources. Councilmember Theis asked if it is necessary to paint both the inside and the outside of the water tower, and the Director of Public Works stated that it will not be necessary to do so in this case. RESOLUTION NO. 85 -198 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH A.E.C. ENGINEERS AND DESIGNERS FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO INSPECTION AND RECONDITIONING OF WATER TOWER NO. 3 (LOCATED SOUTH OF T.H. 100, WEST OF LIONS PARK) 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: 11 -4 -85 -4- 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 Acquisition of a Portion of Outlot A, Bellvue Acres Addition. He noted this property lies between Lyndale Avenue and the Mississippi River, opposite 5421 Lyndale Avenue North. He added it is proposed that the City acquire this property for use as park and open space. Councilmember Scott stated she feels this is a good time for the City to purchase the property, and asked if the State can be contacted to determine if money is available. The City Manager noted that it is unlikely that money is available at this time, and briefly discussed the possibility of this. Councilmember Scott asked if the City would keep the property mowed, and the City Manager responded affirmatively. Councilmember Theis requested that staff explore the option with the Metropolitan Open Space Board for acquisition of water front land. RESOLUTION NO. 85 -199 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ACQUISITION OF A PORTION OF OUTLOT A, BELLVUE ACRES ADDITION 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. PUBLIC HEARING ON A PROPOSED PROJECT AND ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS The City Manager stated this item relates to the proposed project for Ryan Construction Company and this is the second of two public hearings scheduled for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on a Proposed Project and Issuance of Industrial Development Revenue Bonds. 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. . There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on a Proposed Project and Issuance of Industrial Development Revenue Bonds. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis.. Voting against: none. The motion passed. RESOLUTION NO. 85 -200 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT (BRCOKDALE CORPORATE CENTER III PROJECT): REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL: AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS 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: 11 -4 -85 -5- 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. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85034 SUBMITTED BY REYNOLDS HOMES, INC. REQUESTING A VARIANCE FROM SECTION 35 -410 OF THE ZONING ORDINANCE TO ALLOW ENCROACHMENT' CERTAIN DECKS INTO THE REQUIRED 15' BUFFER AREA ADJACENT TO R1 ZONED PROPERTY AT THE MADSEN FLORAL TOWNHOUSE DEVELOPMENT AT 55TH AND ALDRICH DRIVE The City Manager noted this item was recommended for denial by the Planning Commission at its October 24, 1985 meeting. The Director of Planning & Inspection referred the Council to pages one and two of the October 24, 1985 Planning Commission meeting minutes. He reviewed the request and pointed out that all standards for a variance must be met in order for approval. He stated the Planning Commission did not feel the standards for a variance could be met, and noted the Planning Commission recommendation for denial on page two of the October 24, 1985 Planning Commission minutes. The Director of Planning & Inspection stated a public hearing is scheduled for this evening, notices have been sent, and the applicant is present. There was a brief discussion by the Council on the encroachments of the decks and any possible modifications of the decks. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85027. Councilmember Theis asked the applicant if he had conversed with the party whose property is encroached by one of the decks. Mayor Nyquist recognized the applicant, Mr. Les Reynolds, who stated that he had spoken with the property owner several times and was unable to reach a compromise. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on Application No. 85034 submitted by Reynolds Homes, Inc. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis stated he agrees with the Planning Commission recommendation that the variance requirements have not been met. There was a motion by Councilmember Theis and seconded by Councilmember Scott to deny Application No. 85034• Councilmember Hawes asked if only four properties are involved in the denial, and Councilmember Theis responded affirmatively. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85035 SUBMITTED BY LUTTERMAN HOMES REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A FOUR UNIT TOWNHOUSE /APARTMENT BUILDING ON THE VACANT PARCEL EAST OF BURGER KING AND SOUTH OF THE P.B.C. CLINIC The City Manager noted this item was recommended for approval by the Planning Commission at its October 24, 1985 meeting. The Director of Planning & Inspection referred the Council to pages two through four of the October 24, 1985 Planning Commission meeting minutes and the attached informational sheet with those minutes. He reviewed the application and noted the Planning Commission recommended approval 11 -4 -85 -6- of the application subject to eight conditions listed on page three of the October 24, 1985 Planning Commission minutes. He added that no public hearing is required and the applicant is present at this evening's meeting. Councilmember Scott requested to review the plans, and the Director of Planning & Inspection presented and reviewed those plans with the Council. Councilmember Hawes asked if any problems would occur for the P. B. C. clinic for snow removal, and the Director of Planning & Inspection stated that they should not have any more problems than what they already have. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 85035 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 to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B6 curbing may be installed as a continuation of the existing B6 curbing on the site. 7. Plan approval acknowledges a density credit of 2,000 sq. ft. for four under - building parking stalls. The development is considered to contain three townhouse units and one apartment unit. Four units are allowed because 16,653 sq. ft. of site area allows for more than 3.5 units when density credits are calculated. 8. The plans shall be modified prior to the issuance of permits to indicate: a) Type of curbing and where new curbing will be installed. b) Utility services to the units within the development. c) Sod in all green areas disturbed by construction. d) Provision of a landscape schedule showing all plantings by size, quantity and type. 11 -4 -85 -7- i e) The building elevations shall be redrawn to reflect the physical realities of the proposed site. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NOS. 85036 AND 85037 SUBMITTED BY CITY OF BROOKLYN CENTER REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO DEVELOP A_ GOLF COURSE ON THE VACANT LAND WEST OF LIONS PARK ALONG SHINGLE CREEK, SOUTH OF T. H. 100. THIS ALSO INCLUDES A REQUEST FOR A FLOOD PLAIN SPECIAL USE PERMIT TO ALLOW FILLING, EXCAVATING AND REGRADING IN THE FLOODWAY ZONE The City Manager stated this item was recommended for approval by the Planning Commission at its October 24, 1985 meeting. The Director of Planning & Inspection referred the Council to pages four through six of the October 24, 1985 Planning Commission meeting minutes and the informational sheet attached with those minutes. He reviewed the requests, and noted the Planning Commission recommended approval of both applications, with Application No. 85036 subject to eight conditions and Application No. 85037 subject to two conditions. The Director of Planning & Inspection added that the Planning Commission also recommended an ordinance amendment to revise the boundary of the floodway. The Director of Public Works stated the Department of Army and the Shingle Creek Watershed Management Commission have approved the proposal. He reviewed the tentative time schedule for the golf course, pointing out that construction should be started by mid - January. He added that some of the work is best accomplished in the winter months. Councilmember Scott asked if there have been any soil borings yet, and the Director of Public Works responded affirmatively. He noted that the architect is reviewing those soil borings at this time. Councilmember Scott asked if adequate borings will be taken, and the Director of Public Works said there would be, adding that precise borings are taken at the locations of the buildings and the bridges. Councilmember Theis asked how deep the peat is in the area of the buildings, and the Director of Public Works said at one corner of the clubhouse it is 15 feet deep, and 20 feet deep at the deepest corner. Councilmember Hawes noted that the clubhouse will be built in the fringe area and asked if it can be built one foot above the flood lain. The it p Director of Public Works said the clubhouse will be built two feet above the 100 year flood plain. He added that a flood would inundate the parking lot, some of the fairways and the Little League fields, but the greens and the clubhouse would be above the 100 year flood plain. Councilmember Hawes asked if the construction of the arkin lot will be of p g ter the Little League has completed its 1 86 summer season g p 9 , and the Director of Public Works responded affirmatively. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 85036 and 85037, 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 Hawes to close the public hearing on Application Nos. 85036 and 85037• Voting in favor: 11 -4 -85 -8- 8 Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 85036 subject to the following conditions: 1. 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. 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. 5• Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The permit is subject to all applicable codes, ordinances and regulations. 8. An ordinance amendment relocating the floodway boundary of Shingle Creek south of Highway 100 shall become effective prior to issuance of building permits for the proposed clubhouse. 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 Application No. 85037 subject to the following conditions: 1. The grading plans for the proposed golf course are subject to review and approval by the Shingle Creek Watershed Commission as to adequate hydraulic capacity in the Shingle Creek flood plain south of Highway 100 and north of 53rd Avenue North. Adequate capacity shall be equal to the existing capacity of approximately 90 acre feet of water retention. 2. Informational requirements and necessary approval shall be obtained prior to the commencement of grading within the flood plain. Mayor Nyquist asked if the hydraulic capacity meets the requirements of the Shingle Creek Watershed Commission, and the Director of Public Works responded 11 -4 -85 -9- CORRECTED COPY affirmatively., The Director of Public Works proceeded to review the conditions imposed by the Shingle Creek Watershed Commission. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Scott asked if official action is needed to recommend the ordinance amendment to revise the boundary of the floodway, and Mayor Nyquist stated this is not necessary. PLANNING COMMISSION APPLICATION NO. 85032 SUBMITTED BY ARBY'S REQUESTING A VARIANCE FROM SECTION 4 -14 3 0 SUBSECTION .A.1.B. OF THE SIN ORDINANCE 3 G O D NCE TO ALLOW A TENANT IDENTIFICATION WALL SIGN ON THE CANOPY ABOVE THE NORTHWEST ENTRANC TO BROOKDALE MALL AND NOT ON EXTERIOR WALL SPACE OF ARBY r S TENANT SPACE The City Manager noted this item was recommended for approval by the Planning Commission at its October 10, 1985 meeting and tabled by the City Council at its October 21, 1985 meeting. The Director of Planning & Inspection reviewed the application request from the October 10, 1985 Planning Commission meeting minutes, and noted that the Planning Commission did recommend approval on page five of the October 10, 1985 Planning Commission meeting minutes. He stated that City staff does not feel standards for granting the variance are met, and added that he and the City Manager have met with the applicants to review the possible alternatives. The Director of Planning & Inspection stated that staff recommends the possibility of an ordinance amendment to allow those businesses not abutting the exterior walls of enclosed malls to post signs on the exterior walls. He added that the recommendation has also been made to set limitations on the amount of wall area to be used for signs. The Director of Planning & Inspection explained the alternatives available to Arby's, including the issuance of administrative permits, of which Arby's would be allowed to obtain two ten day permits. He added that the sign ordinance does permit signs to be posted inside of the windows, and it would be possible for Arby's to affix a sign to the inside windows at the entrance to the mall next to Applebee's restaurant. The Director of Planning & Inspection stated the staff recommendation that the variance be denied and suggested that staff be directed to review the provisions of the ordinance and make possible ordinance amendments. The City Manager noted that the Arby's management has requested a temporary variance to put the sign up and would guarantee removal of the sign if the City Council does not amend the ordinance. The City Attorney said he does not favor a temporary variance as it does not exist under Minnesota case law. He pointed out that Howe, Inc. received a temporary building variance several years ago and it took the City three years after expiration of that variance to have the building removed. He recommended that the ordinance be altered rather than dealing with this on a variance basis. There was some discussion by the Council and staff regarding the possibility of a temporary variance and the other alternatives of the administrative permit and posting a sign inside the window area. Mayor Nyquist asked about the use of the administrative permit, and the Director of Planning & Inspection noted that administrative permits are granted per location, and only two administrative permits are granted per year. The City Manager pointed out that a business may borrow another tenant's administrative permit. Councilmember Theis asked how ermanent of a sign the administrative r � ive permit allows, 11 -4 -85 -10- i v and the Director of Planning & Inspection reviewed the provisions for the administrative permit. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85032. He recognized Mr. Tom Borman, who stated he served as general counsel for Arby's. He stated he disagreed with the City Attorney's conclusion regarding the temporary variance, and felt that Arb 's would be able t Y o enter into an agreement with the City that if after a certain period of time an ordinance is not adopted, the sign would be taken down. Mr. Borman requested further explanation of the administrative permit and the City Manager and Direct Y g or of Planning & Inspection explained the process. The City Manager stated ' s can obtain an y ed that Arby's Y administrative permit immediately, and suggested that they look into the possibility of using the administrative permits of other tenants at Brookdale Center. Mayor Nyquist recognized Mr. Chris Cummins, Brookdale Center, who stated that leases with the other tenants at Brookdale Center are specific about not putting up exterior signage, and, therefore, does not feel that Arby's will be able to approach other tenants to use their administrative permits. The City Attorney pointed out that leasing agreements do not matter to the City, and so it is still possible for Arby's to obtain additional administrative permits. The City Manager stated that City staff will work with Arby's and Brookdale Center to resolve the situation. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Application No. 85032. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table Application No. 85032 with the concurrence of the applicant. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEMS NEGOTIATION WITH MN /DOT REGARDING T.H. 252 The City Manager noted that staff is prepared to discuss the current status of negotiations with MN /DOT relating to right -of -way acquisition, construction detail, and the future turnback of West River Road. The Director of Public Works stated the"City is in the process of negotiating agreements and reviewed the memo from him to the City Manager dated October 31, 1985. The City Manager stated within the next two months MN /DOT will be requesting final approval of the plans and specifications, and he would like to know the feelings of the City Council on the issues. The Council and staff discussed the implications of the information in the memorandum to the City Manager from the Director of Public Works. The consensus of the Council was to stand firm on the City's requests at this time, and to involve the help of the state legislators in accomplishing the City's goals in this area. NONEXCLUSIVE LICENSE AGREEMENT WITH BROOKLYN CENTER NATIONAL LITTLE LEAGUE, INC. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into a nonexclusive license agreement with Brooklyn Center National Little League, Inc. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion asse p d. 11 -4 -85 -11- Mayor Nyquist noted that a delegation will be leaving by chartered bus for Cincinnati, Ohio on November 14, 1985 to attend the All America Cities competition. He stated that all City Council members are invited to attend. Councilmember Theis presented a recognition award for achievement in the provision of affordable home ownership opportunity from the Metropolitan Council and Association of Metropolitan Municipalities to the City of Brooklyn Center. He said he received this at a meeting of the Metropolitan Council and Association of Metropolitan Municipalities. 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 Brooklyn Center City Council adjourned at 10:27 P.M. Deputy City Clerk ra 11 -4 -85 -12- i