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HomeMy WebLinkAbout1984 06-25 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 JUNE 25, 1984 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Theis would be absent from this evening's meeting. INVOCATION The invocation was offered by Pastor Randy Swenson of the Brooklyn Center Baptist Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmembers did not request any items removed from the Consent Agenda. PERFORMANCE BOND REDUCTION FOR ROSEMARY TERRACE TOWNHOUSES, 1501 -1555 HUMBOLDT PLACE There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the reduction of performance guarantee for Rosemary Terrace Townhouses, 1501 -1555 Humboldt Place North from $28,000 to -$1,500 until the spring of 1985 to ensure viability landscaping and receive as built surveys. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 84 -97 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -Q (WATER SUPPLY WELL NO. 9 IMPROVEMENT PROJECT NO. 1982 -30) The motion for the adoption of the foregoing resolution was duly seconded by member e -25 -84 -1- I I Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -98 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT, ESTABLISHING CENTRAL PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1983 -12, PHASE II, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1984 -G) 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, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -99 Member Gene Lhotka introduced the following resolution and moved its adoption: i RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HERBERT DAHMEN I 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, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -100 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF A 2,000 GALLON WATER TANK 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, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to j approve the following list of licenses: AMUSEMENT DEVICE OPERATOR ro B okl n Center Community Center 6 01 Shingle Cr. Pkwy. Y Y 3 g Chuckwagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Denny's 3901 Lakebreeze Ave. N. Green Mill Inn 5540 Brooklyn Blvd. Holiday Inn 1501 Freeway Blvd. K -Mart 5930 Earle Brown Dr. Lynbrook Bowl 6357 N. Lilac Dr. Picadilly Circus Brookdale Center Show Biz Pizza 5959 John Martin Dr. 6 -25 -84 -2- AMUSEMENT DEVICE - VENDOR Advance Carter 850 Decatur B & K Music & Vending 3420 Nicollet Ave. S. Century Corp. 2910 W. Montrose Ave. Twin City Novelty Co. 9549 Penn Ave. S. FOOD ESTABLISHMENT LICENSE Berean Evangelical Free Church 6625 Humboldt Ave. N. GARBAGE & REFUSE VEHICLE LICENSE Block Sanitation 6741 79th Ave. N. MECHANICAL SYSTEMS LICENSE Able Mechanical Services 6717 83rd P1. N. Airco Heating & Air Cond. 4014 Central Ave. NE NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. C.P.S.I. 2700 Freeway Blvd. RENTAL DWELLING LICENSE Renewal: Garrit & Mary Memelink 7212 Aldrich Ct. Gary & Danae Morrison 5104 E. Twin Lake Blvd. Tracy Rice 5836 Xerxes Ave. N. Gary DeAuston 6107 Xerxes Ave. N. Michael Acosta 6113 Xerxes Ave. N. Initial: Darrell A. Farr Development Beach Apts. Elkhorn Properties 5612 Irving Ave. N. Martha Lahti 5316 Knox Ave. N. Martha Lahti 5322 Knox Ave. N. Gary Heck 5343 Penn Ave. N. Sigmund Bona 5207 Xerxes Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. SIGN HANGERS LICENSE DeMars Signs 4040 Marshall St. NE Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. APPROVAL OF MINUTES - BOARD OF EQUALIZATION, JUNE 4, 1984 There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the Board of Equalization meeting of June 4, 1984 as submi tted. Voting ist Councilmembers Scott and Hawes. N g in favor: Mayor Y Yq Voting against: none. The motion passed. Councilmember Lhotka abstained from voting as he was not present at the June 4, 1984 meeting. 6 -25 -84 -3- i �i i f APPROVAL OF MINUTES - CITY COUNCIL MEETING, JUNE 11, 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of June 11, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Accepting Engineer's Report, Establishing Sealcoating Improvement Project No. 1984 -13, Approving Specifications, and Directing Advertisement for Bids (Contract 1984 -H) . He explained that the project provides for the sealcoating of streets in the southwest neighborhood. f The Director of Public Works explained the staff is recommending that the City buy the materials for the sealcoating and contract out the work. He noted this was a j departure from the City's policy of doing the sealcoating work with its own forces, but he explained early retirement has reduced the permanent staff of the street department by two full -time positions. The Director of Public Works explained the sealcoating project takes about eight to ten employees but during the three to four weeks of sealcoating the majority of the street department's efforts are taken up with sealcoating. RESOLUTIO14 NO. 84 -101 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT, ESTABLISHING SEALCOATING IMPROVEMENT PROJECT NO. 1984 -13, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1984 -H) j The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Replacement of Liquor Stores Manager Position. The City Manager explained the staff is recommending the appointment of Gerald Olson as Liquor Stores Manager. Mayor Nyquist and Councilmember Hawes expressed concern over municipal liquor stores operation and cited recent sales figures. I Councilmember Hawes suggested looking into comparisons between municipal and private liquor operations. The City Manager noted one goal of municipal involvement is the control of the sale of liquor, such as sales to minors. He also indicated that the staff is looking at some possible changes in the liquor stores operation. Councilmember Scott expressed support for the staff's approach of recruiting P PP g qualified people from within the existing City staff. RESOLUTION NO. 84 -102 Member Celia Scott introduced the following resolution and moved its adoption: r f RESOLUTION AUTHORIZING REPLACEMENT OF LIQUOR STORES MANAGER POSITION 6 -25 -84 -4- j 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, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced An Emergency Ordinance Amending Chapter 25 of the City Code of the City of Brooklyn Center by Regulating Traffic. He explained the ordinance is offered for a first reading and would authorize the City Manager to regulate traffic in certain situations when it becomes necessary to preserve the public peace and safety. The City Manager then reviewed the particular traffic problems which initiated the development of the ordinance. He noted the traffic problems are focused on the problems with access to the 694 bridge heading east into Fridley. He explained currently, traffic coming from downtown Minneapolis is passing by the entrance ramp to east 694 and entering into residential neighborhoods north of the freeway, then doubling back and entering on another ramp. He explained the problem is particularly acute'in one individuals driveway where many vehicles are making U- turns. The City Attorney noted that most other cities have similar ordinances and that it is an emergency ordinance, but he recommended the Council still proceed with the normal hearing requirements for regular ordinances. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve An Emergency Ordinance Amending Chapter 25 of the City Code of the City of Brooklyn Center by Regulating Traffic, to direct the City staff to publish the ordinance in the official newspaper and to set a hearing date for the ordinance for 8:00 p.m. on July 23, 1984. PUBLIC HEARING ON THE PROPOSED ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT aministrative Assistant Hoffman explained the public hearing comprehends a request for refinancing of the 8.2 million dollar original request to 3.45 million dollars for the existing building. He explained the decision of the applicant is not to build the other two buildings originally contemplated. He added that the original bonds expire on January 1, 1985. Mayor Nyquist recognized a representative from Miller & Schroeder Investments and she explained the bonds are being refunded, which extends the term of the financing originally approved by the City Council. She stated the bonds and letter of credit expire on January 1, 1985 and Council action this evening would extend the term of the financing. Administrative Assistant Hoffman reviewed recent legislation passed in Congress which would limit industrial development revenue bonds to approximately 7 million dollars annually for Brooklyn Center. Mayor Nyquist opened the meeting for the purpose of a public hearing on a proposed issuance of industrial development revenue bonds under the Minnesota Municipal Industrial Development Act. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained amotion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to 6 -25 -84 -5- I close the public hearing on a Proposed Issuance of Industrial Development Revenue I j Bonds under the Minnesota Municipal Industrial Development Act. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RESOLUTION NO. 84 -103 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED ISSUANCE OF REFUNDING BONDS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING THE PREPARATION OF DUCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS 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, and Bill Hawes; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Classification of Financial Institutions. He explained the ordinance is offered for a first reading and would make banks and financial institutions a separate category, in the zoning ordinance, from real estate, insurance and finance offices. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Classification of Financial Institutions and to set a public hearing on the ordinance for 8 :00 p.m. on July 23, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. PLANNING COMMISSION ITEMS ' PLANNING COMMISSION APPLICATION NO 84015 SUBMITTED BY BYERLY'S, INC. FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A BYERLYI S STORE AND ATTACHED SHOPPING CENTER AT THE SOUTHEAST CORNER OF SUM1 DRIVE AND SHINGLE CREEK PARKWAY PLANNING COMMISSION APPLICATION NO. 84016 SUBMITTED BY BYERLY'S, INC. FOR PRELIMINARY R.L.S. APPROVAL TO SU BDIVIDE INTO TWO TRACTS THE VACANT TRACTS OF LAND WEST OF LABELLEIS AND TRACTS G AND I OF R.L.S. NO. 1325 AT THE SOUTHEAST CORNER OF SUM�MJIT DRIVE AND SHINGLE CREEK PARKWAY The Director of Planning & Inspection presented and reviewed for Council members pages one through four of the June 14, 1984 Planning Commission meeting minutes and also the Planning Commission information sheets prepared for Application Nos. 84015 and 84016. He explained the subject parcel in Application No. 84015 is zoned C2 and he proceeded to review the location of the parcel which is east of Shingle Creek Parkway and south of Summit Drive. He then reviewed a transparency of the site and building plan proposed for the project, and also the parking and landscaping plans proposed with Application No. 84015• The Planning Director then reviewed the preliminary plat comprehended by Planning Commission Application No. 84016. The Director of Planning noted the Planning Commission recommended approval of { i i 6 -25 -84 -6- Application No. 84015 at its June 14, 1984 meeting, subject to 15 conditions which he reviewed for Council members. He recommended condition No. 10 be revised to state "prior to issuance of building permits" rather than "prior to City Council consideration in the following manner ". He added that condition No. 11 of the Planning Commission recommended conditions can be stricken since the traffic forecast has been submitted. The Planning Director stated the Planning Commission recommended approval of Application No. 84016 at its June 14, 1984 meeting, subject to five conditions which he reviewed for Council members. He informed the Council that a public hearing on the preliminary plat is required and that a representative of the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84016 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 Planning Commission Application No. 84016. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Application No. 84015, 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. 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. 6 -25 -84 -7- . i 9. The R. L. S. for this property shall be given final approval by the City Council and filed at the County prior to the issuance of building permits. 10. The plans shall be revised prior to the issuance of building permits in the following manner: a. The driveway openings on John Martin Drive and Summit Drive shall be widened to meet the recommendation of the Director of Public Works and shall be revised to be at a 90 0 angle to public right -of -way. b. Additional shade and coniferous trees shall be provided along the east side of the site, north of the property line jog to provide better screening of the loading dock area and f more attractive appearance. c. The exclusion of Tract B from underground irrigation shall be removed. 1 d. Additional benches shall be provided in the sidewalk area in front of the shopping center building. e. The large parking lot island adjacent to the John Martin Drive access shall be landscaped with at least two decorative trees and shrubs consistent with landscaping by the building. f. An additional fire hydrant shall be provided at the jog in the east property line to provide adequate fire protection to the loading dock area. j g. Berms in the Summit Drive and Shingle Creek Parkway greenstrip areas shall reach a height of 3' above street i grade, subject to a maximum 3:1 slope. 11. Plan approval acknowledges a waiver of the policy for a 125' offset for the access onto John Martin Drive and of the limitation of a 30' driveway opening for the easterly access on Summit Drive. 12. An as -built survey of the site utilities shall be provided to the City Engineer prior to release of the performance guarantee. 13. Any soil correction on the site and /or dewatering of the site shall be conducted in a manner consistent with State and local codes. 14. Plan approval acknowledges a proof -of- parking for 435 parking stalls on the Byerly's site and 247 stalls on the shopping center site. The applicant shall agree in writing to provide such stalls upon a determination by the City that proposed parking for the site is inadequate. Such written agreement shall be submitted to the City prior to the issuance of building permits. I � i 6 -25 -84 i -8- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 84016, subject to the following conditions: 1. The final R.L.S. is subject to review and approval of the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. Cross access and cross parking easements over the entire R.L.S. shall be filed with the R.L.S. at the County. 4. The applicant shall enter into a standard utility maintenance agreement with the City as required by the City Engineer. 5. Property irons shall be verified by the Engineering Department prior to release of the performance guarantee posted for Planning Commission Application No. 84015. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 84017 SUBMITTED BY EVELYN BORGEN FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL OF LAND AT THE SOUTHEAST CORNER OF 73RD AVENUE NORTH AND FREMONT AVENUE NORTH, ADDRESSED 1219 _ 73RD AVENUE NORTH PLANNING COMMISSION APPLICATION NO. 84018 SUBMITTED BY EVELYN BORGEN FOR A VARIANCE FROM SECTION 15 -106 OF THE SUBDIVISION ORDINANCE AND SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW CREATION OF A SINGLE - FAMILY LOT OF LESS THAN 9,500 SO. FFT. AREA The Director of Planning & Inspection presented and reviewed for Council members pages four through five of the June 14, 1984 Planning Commission meeting minutes and also the Planning Commission information sheets prepared for Application Nos. 84017 and 84018. He noted the applicants request is to subdivide into two tracts, the parcel of land at the southeast corner of 73rd Avenue North and Fremont Avenue North. He explained the applicant is also requesting a variance to allow creation of a single- family lot less than 9,500 sq. ft. in area. The Planning Director reviewed for Council members the applicant's letter requesting the variance. Following a public hearing, the Planning Director noted the Planning Commission recommended approval of Application No. 84017, subject to three conditions which he reviewed for Council members. He added that the Planning Commission recommended approval of Application No. 84018 on the grounds that the standards fora variance are met. He then noted that public hearings are required on the applications and that a representative of the applicant is present. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 84017 and 84018, 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. 6 -25 -84 -9- There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Application Nos. 84017 and 84018. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. I There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 84017, 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 existing portable shed to the south of the garage shall be removed from the proposed Lot 2 prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 84018 on the grounds that the standards for a variance are met. Councilmember Scott suggested adding a condition to Councilmember Lhotka's motion which would state that "no other variances are granted or implied by approval of Application No. 84018 ". Both the mover and seconder of the motion to approve Application No. 84018 accepted Councilmember Scott's amendment. Upon a vote being taken thereon, the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. i PLANNING COMMISSION APPLICATION N0. 84019 SUBMITTED BY JOHN GUIDER FOR A VARIANCE j FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO (a ) EXPAND DF;ELLING SPAC INTO A GARAGE LESS THAN 5' FROM THE NORTH SIDE LOT LINE AND (b) TO CONSTRUCT A NEW GARAGE TO I THE THE DWELLING LESS THAN 10' FROM THE SOUTH SIDE LOT LINE The Director of Planning & Inspection presented and reviewed for Council members pages five through nine of the June 14, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84019. He proceeded to review for Council members the applicant's request for a variance and also reviewed the location and R1 zoning of the subject parcel. He explained that one question is whether footnote 12 of Section 35 -400 of the zoning ordinance applies to a conversion of a garage to a dwelling space. He explained the Planning Commission believes that it does and recommended that the Council make a similar finding, in which case no variance would be required. He then noted the subject parcel is also classified as a nonconforming use (a duplex), and the ordinance does not permit expansion of a nonconforming use. The Planning Director proceeded to review the Planning Commission's findings in Application No. 84019. He noted a public hearing on the Application is scheduled and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application I r j; 6 -25 -84 -10- No. 84019 and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized the applicant, Mr. John Guider. Mr. Guider stated he believed that Planning Commission members, at their June 14, 1984 meeting, were favorable to the application, and that he believes the Planning Commission was under the misconception that the garage could not be built. He added that he believes the City Council has a right to grant the variance under the interpretation of the City ordinance. He noted he would accept a 17' width on the garage but cannot do it because it is a nonconforming use. Mr. Guider stated that the question in his mind is what is nonconforming. Mr. Guider contended that it is the use of the property and not how a structure is built. He added he was not expanding the dwelling's use and that the use of the dwelling is still the same. He explained he lives on the upper level of the dwelling and there is an apartment on the bottom. He explained he is expanding his home and the nonconforming use is the apartment in the basement. He concluded by stating that he is not expanding the nonconforming use. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one appeared 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 Application No. 84019. Councilmember Lhotka requested the City staff to react to Mr. Guider's statements. The Director of Planning stated he would agree with Mr. Guider but that he believes the use of the property is a two - family dwelling and is not a permitted use in an R1 zone. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to concur with the Planning Commission's finding that footnote 12 of Section 35 -400 of the zoning ordinance applies to the request to convert the existing garage to dwelling space and that no variance need be granted for that portion of Application No. 84019• Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. The City Attorney stated that he agrees with the Planning Director's interpretation of the ordinance, but he would recommend that the staff be directed to clarify with a resolution stating that the action taken is not based on a use variance but is based on an expansion of a nonconforming use. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to direct the City staff to prepare a Resolution Denying Part B of Application No. 84019, and to clarify that the denial is based on an expansion of a nonconforming use and not on a use variance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 9:14 p.m. and reconvened at 9:29 p.m. PLANNING COMMISSION APPLICATION NO. 84020 SUBMITTED BY RANDY RAU FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONVERT AN EXISTING SUPERETTE AT T70 AVENUE NORTH TO A SERVICE GARAGE AND TO BUILD A NEW SUPERETTE TO THE EAST OF THIS BUILDING 6 -25 -84 -11- I PLANNING COMMISSION APPLICATION NO. 84021 SUB MITTED BY RANDY RAU FOR PR ELIMINARY PLAT APPROVAL TO COMBINE INTO A SINGLE LOT THE TWO EXISTING PARCELS AT 684 BROOKLYN BOULEVARD AND 4401 69TH AVENU NORTH FOR A COMBINED DEVELOPMENT The Director of Planning presented and reviewed for Council members pages 9 through 11 of the June 14, 1984 Planning Commission meeting minutes and also the Planning Commission information sheets prepared for Application Nos. 84020 and 84021. He proceeded to review for Council members the applicant's request for site and building plan and preliminary plat and special use permit approval. He reviewed the location of the subject parcel located in the southwest quadrant of 69th and Brooklyn Boulevard, and proceeded to review a transparency of the site and building plan and landscaping plan submitted with the application. The Director of Planning then reviewed the parking requirements for the application and also the parking spaces designated on the site and building plan. He also noted the landscaping proposed in the application. He then reviewed a transparency of the preliminary plat, and noted that following a public hearing, the Planning Commission, at its June 14, 1984 meeting, recommended approval of Application No. 84020, subject to 13 conditions which he reviewed for Council members. He then noted that the Planning Commission also recommended approval of Application No. 84021, subject to three conditions, which he reviewed for Council members. The Planning Director noted a public hearing has been scheduled for the special use request and preliminary plat and that the applicant was present this evening. The City Manager inquired whether the applicant has examined the existing underground tanks. The applicant explained his plan is to put in entirely new gas tanks. T9ayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 84020 and 84021 and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized the applicant, Mr. Randy Rau, who stated that he believes the project will improve the appearance of the corner and will be a benefit to the City of Brooklyn Center. i Councilmember Lhotka inquired whether the applicant had any objections to putting brick entirely around the exterior or to screen with plantings. The applicant stated that he would like to extend the brick treatment all the way around the building but that expense was a concern. He explained that the west side faces only the postoff ice and that the south side of the building faces an open field facing the freeway. Councilmember Hawes inquired if the applicant had any plan for trash disposal Mir. Rau stated that he would plan to have the trash disposal facility on the northwest side of the building. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. I There was a motion by Councilmember Scott and seconded by Councilmember Hawes to I close the public hearing on Application Nos. 84020 and 84021. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 84020, subject to the following conditions: j 6 -25 -84 -12- 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. 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. Freestanding lightposts within public right -of -way shall be relocated onto private property. The freestanding lights adjacent to existing pump islands or accesses to be closed shall be removed during construction of the project. 10. Landscape plantings shall not be installed in the site triangle at the southwest corner of 69th Avenue North and Brooklyn Boulevard. 11. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 12. Plan approval is subject to the recommendations contained in the City Engineer's letter to M. V. Rich Company dated June 7, 1984. 13. The final plat combining the parcels shall be filed at the County prior to issuance of any building permit for construction of the new superette building. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. 6 -25 -84 -13- r; I There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 84021, subject to the following conditions: 1. The final plat is subject to review and approval by the City i Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be revised in accordance with the letter of the City Engineer to M.V. Rich Co., Inc. dated June 7, 1984. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. ORDINANCES (CONTINUED) The City Manager introduced An Ordinance Amending Section 11 -111 Relating to the Restrictions on Purchase and Consumption of Liquor by Persons under 19 Years of Age and explained that the ordinance is offered for a first reading and would bring City ordinance into compliance with the change in State law which prohibits any person under the age of 19 years to consume any intoxicating liquor or nonintoxicating malt liquor unless in the household of his or her parent or guardian and with the consent of his or her arent or p guardian. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to j approve for first reading An Ordinance Amending Section 11 -111 Relating to the Restrictions on Purchase and Consumption of Liquor by Persons under 19 Years of Age J and to set a public hearing on the ordinance for July 23, 1984 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. j The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 Zoning District, and explained that the ordinance was first read on February 27, 1984 and was published on March 8, 1984. He explained a public hearing on the ordinance was held on March 26, 1984 and consideration of the ordinance was tabled until such time as the final plat was filed and the ordinance was placed on the agenda. He explained that the final plat has been filed at the County and that the ordinance provides for the rezoning of the Madsen Floral property in conjunction with Planning Commission Application Nos. 84001 and 84002. He explained the staff is recommending the ordinance for a second reading this evening. The Director of Planning & Inspection explained that, since the ordinance has already had a public hearing, the ordinance will become effective upon adoption. ORDINANCE NO. 84 -07 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS I BEING WITHIN THE R3 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, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 6 -25 -84 -14- DISCUSSION ITEMS TRANSMITTAL TO CITY COUNCIL OF RECOMMENDED AMENDMENT TO THE BROOKLYN CENTER CITY CHARTER The City Manager explained that the Charter amendment recommends that the municipal election calendar be changed to coincide with State and Federal elections, eliminating odd year municipal elections. He added that the Charter Commission is requesting the Council take action on the recommended ordinance only after an article has been published in the City's newsletter which explains the Charter Commission's recommendations. He added that no action is requested this evening. CONSIDERATION OF SPECIFIED LICENSE - NONINTOXICATING LIQUOR LICENSE FOR SHOWBIZ PIZZA The City Manager explained that the approval of this license is being recommended conditioned upon the final sale of the business. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the nonintoxicating liquor license for Showbiz Pizza contingent on the final sale of the business. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10:00 p.m. LCn rt Deputy City Clerk Mayo 6 -25 -84 -15-