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HomeMy WebLinkAbout1983 08-22 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 E AUGUST 22, 1 983 CITY HALL CALL TO ORDER j fide - BrooFIT Center City Council met in regular session and was called to order by . Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Rich Theis Also B' Hawes and Ric ember s Celia Scott ill , �or�an Nyquist, Councilor present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, James Thomson, representing the City Attorney's office, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Gene Lhotka would be arriving later in the meeting. IAN fCA She invocation was offered by Pastor Merritt 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 of the audience if there was anyone present who wished to address the Council, There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired whether any Council members had any agenda items they wished removed from the Consent Agenda. Councilmember Hawes removed item 7c from the Consent Agenda, and Mayor Nyquist removed items 7a and 7e from the Consent Agenda. RESOLUTIONS RES01 T 1 N0. 83 -120 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR 1983 DISEASED SHADE TREE REMOVAL COSTS 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. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the following list of licenses: 8 -22 -83 - -1- AMUSEMENT DEVICE LICENSE OPERATOR izza actory 6816 Humboldt Ave. N. FOOD ESTABLISHMENT LICENSE C.A. Muer Corp. 2101 Freeway Blvd. MECHANICAL SYSTITIS LICENSE Allan heating & Air Cond. 6020 Culligan Way Cedar Valley Heating & Air Cond. 4770 Nicals Rd. _ Faircon, Inc. 80 2nd Ave. S.E. Kleve Heating & Air Cond. 13075 Pioneer Trail RENTAL DWELLING LICENSE n� itial: _ C.J. Schaber 5341 Brooklyn Blvd. Eugene J. Sullivan 5401 Brooklyn Blvd. Roger K. Moberg/Bruce-Anderson 5320 Bryant Ave. N. Theodore & Rebecca Bye - 5410 Girard Ave. N. Julia G. Paulson 5315 Knox Ave. N. _ Logan North Properties 5800, 5830 Logan Ave. N. Logan North Properties 5820 Logan Ave. N. Anthony & Marian Duran 6107 Quail Ave. N. Raymond & Betty Anderson 7113 N Willow Lane Genevieve Schultz 4201 Winchester In. Robert & Patricia Bobleter 4807 Wingard Pl. Donald N. Kutz 6837 York P1. Howard Oien /Eugene Sullivan 3606 58th Ave. N. Leo J. Vogel 2841 67th In. Ruth Kalanquin 5348 70th Circle Renewal: Michael C. Sundby 6501 Brooklyn Dr. Stone Investments 5500 Bryant Ave. N. ' Clinton A. Sawirski 5918 Dupont Ave. N. Michael L. Goodwin 5134 Ewing Ave. N. Donald & Alberta Tousley 7149 Logan Ave. N. Thomas & Bill Howe 3129 49th Ave. N. Charles W. Fykson 904 53rd Ave. N.. Joseph J. Kennedy 505, 09 61st Ave. N. Robert C. Johnson 905 61st Ave. N. M.P. Evanson 711 69th Ave. N. SIGNHANGER'.S LICENSE Arrow Sign Co, 18607 Highway 65 N.E. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 8 -22 -83 -2- APPROVAL OF MINUTES AUGUST 8, 1983 There was a motion by Council- member Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of August 8, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTI S (CONTD�TED ) The City Manager introduced a Resolution Accepting Bid and Approving Contract 1983 - J (Municipal Service Garage Improvement Project No.- 1982 -28, Phase III). Mayor Nyquist inquired whether the staff was confident with the low bidder on the project. The Director of Public Works explained the history of the contractor in previous years as excellent, although the contractor has not performed much work this construction season. RESOLUTION NO. 83 -121 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTIONN ACCEPTING BID AND APPROVING CONTRACT 1983-) (MMICIPAL SERVICE GARAGE IMPROVI!�= PROJECT NO. 1982 -28, PHASE III) 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 duly passed and adopted. ' n Accepting Bid and A rov introduced a Resolutlo P � Contract 1983 The City Manager introd P ment Project ect No . 1983 -11 K {Humboldt Avenue Street Improve � The Director of Public Works reviewed the project to improve Humboldt Avenue between 69th and 70th Avenues. He noted the projects intent was to improve the north and southbound traffic movement along Humboldt Avenue. He reviewed the roadway configuration and the alternate bids received on the project. He then reviewed for Councilmembers traffic counts taken in April of 1983 at the intersection of Humboldt Avenue and 69th, and explained that the counts were 16 hour and 24 hour traffic counts. The count showed a conflict between north /south traffic movement and left turning movements. The Director "of Public Works explained that, based on the peak traffic counts at the intersection, there is not enough traffic to justify a traffic control signal. Councilmember Hawes stated it appears that T.H. 252 will draw a great deal of the traffic away from the Humboldt and 69th intersection, especially the north /south traffic. He stated that he believes the project is good but that the cost is too great for the amount of good it will do for the short time prior to the T.H. 252 construction, estimated at between three to five years. He added that he believes the southbound lane does need improvement but he believed the cost of the project does not justify the amount of good it will do. The Director of Public Works stated that he could agree with Councilmember Hawes I point if the three to five year period were the only factor considered. However, he pointed out, if a per vehicle cost were calculated, the project would be cost effective. He stated that he agreed with Councilmember Hawes in that the reconstruction of T.H. 252 will draw away traffic ; from Humboldt but he stated that he believed the project should benefit the area for more than three to five years, and that with the project he believes the capacity problem at the intersection will be solved for three to five or more years. 8 -22 -83 -3- Councilmember I,hotka arrived at 7;29 p.m. Councilmember Hawes commented that, if the merging traffic on Humboldt is delayed for 400 feet north of 69th Avenue, there will still be a problem. The Director of Public Works stated that he believes the public can handle the merging situation adequately and that this was demonstrated in other places, such as along T.H. 252 near 66th Avenue North. Councilmember Hawes inquired if the intersection is updated in the future would the extension go to the northern corporate limits. The Director of Public Works replied that he hoped that future traffic patterns would not necessitate this extension, but any consideration of this would be based on future demands. He added that he believed that Humboldt Avenue could remain a two- lane . street. Councilmembers continued to discuss the proposed improvement project and reviewed several items, including the necessity for an overlay to prevent a structural failure at the point where the roadway is widened, and at the request of Councilmember Theis, the Director of Public Works reviewed traffic standards for a two -lane versus a four -lane roadway. He noted the cut off point was 7, 000 vehicles per day. Councilmember Theis inquired as to the funding for the project, and the Public Works Director explained that the project would be funded with MSA street funds. The City Manager reviewed the bus stop areas along Humboldt Avenue, and noted that the buses now pull far to the right of the roadway causing damage to the roadway, especially in the spring and winter. He explained the slope of the ground and the rolled blacktop curb which would be constructed with the project would prevent this type of damage. Councilmember Hawes inquired when the T.H. 252 project would begin. The Director of Public Works explained that right -of -way acquisition for the project would begin in 1984, construction would begin in 1985, and the project is scheduled for tentative completion between 1986.and 1987. The Council reviewed a videotape of traffic at the intersection of Humboldt and 69th Avenues North. The Director of Public Works noted that the video tape of traffic at the intersection was taken over a period of hours and focused on the rush hour traffic in the morning and during the evening. REVOLUTION NO. 83-122 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 -K (HUMBOLDT AVENUE STREET IMPROV=T PROJECT NO. 1983 -11) In discussion of the motion, Councilmember Theis stated that he believed the additional cost of alternate A would benefit longer than three to five years. Mayor Nyquist called for a vote on the motion on the table. 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, Gene Lhotka, Celia - Scott, and Rich Theis; and the following voted against the same; Bill Hawes, whereupon said resolution was declared duly passed and adopted. 8 -22 -83 -4 t: The City Manager.. introduced a Resolution Accepting Work Under Contract 1982 -P k (Lions Park Tennis Court Improvement Project No. 1982 -20, Phase I, and Municipal Service Garage Improvement Project No. 1982 -28, Phase I). I In response to a question from Councilmember Hawes, the Director of Public Works explained that the staff perform the soil borings in the project area. He explained that the borings were taken 50 feet apart which is closer than the normal 100 feet. He noted that the actual soil conditions differed from.the staffs interpretation of the conditions between the soil boring samples for the Lions Park Tennis Court Improvement Project and the Municipal Service Garage Improvement Project. Councilmember Lhotka commented that he has had some experience with soil borings and that at best they offer only a 50/50 chance of correct information. RESOLUTION NO. 83-123 Member 17ichTheis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT 1982 -P (LIONS PARK TENNIS COURT IMPROV12vDM PROJECT NO. 1982 -20, PHASE I, AND MUNICIPAL SERVICE GARAGE IMPROVEMENT PROJECT N0, 1982 -28, PHASE 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, 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 Establishing Sanitary Sewer Rate for the Elderly. Mayor Nyquist commented that on one attachment comparing water consumption of senior citizens to other users for one quarter, the senior citizen usage was higher than the single family usage. The Director of Public Works stated that he would review the attachments and report back on the figures. RESOLUTION N0. -124 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SANITARY SEWER RATE FOR THE ELDERLY The motion for the adoption of the foregoing resolution was Bulky seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly used and adopted. The City Manager introduced a Resolution Authorizing an Agreement for Professional Services with Brauer & Associates Ltd. Inc. for the Development of a Concept Plan for a-Plaza Area in Central Parka Councilmember Theis inquired as to the extent of the consultant's role in the development of the concept plan. The City Manager explained the concept itself was proposed in general by the staff, but the consultant would do the desi& and drawings. 8 -22 -83 -5- Councilmember Lhotka asked what the future cost would be, assuming that the fut - 'ure work on the project is not in the area of staff expertise. The City ?Manager replied that the future cost of the consultant's work would be based on a construction estimate. i RESOLUTION NO. 83-125 Member Celia Scott introduced the following resolution and moved its adoptions RESOLUTION AUTHORIZING AN AG REEMENT FOR PROFESSIONAL SERVICES WITH BRAUER & ASSOCIATES LTD. INC. FOR THE DEVELOPMENT OF A CONCEPT PLAN FOR A PLAZA AREA IN CENTRAL 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; Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was duly passed and adopted. The City Manager introduced a Resolution Amending the 1983 General Fund Budget and Authorizing the Transfer of Funds from the Council Contingency Account to the Police Department Equipment Account. The City Manager reviewed a memorandum from the Chief of Police describing the experience of the police department with the damage caused to vehicles by the use of the dry chemical fire extinguishers. Councilmember Lhotka inquired how often the fire extinguishers are used. The City Manager stated that the extinguishers are used approximately once a month by the department. Councilmember Lhotka then inquired why it took so long to changeover from the dry chemical to the Helon type extinguishers. The City Manager explained that insurance companies had chan ged their policies, and would no longer pay for the damage to vehicles done by the dry chemical extinguishers. RESOLUTION NO. 83-126 Member Bill Hawes introduced the following resolution and moved its adoptions RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE COUNCIL CONTINGENCY ACCOUNT TO THE POLICE DEPARTMENT EQUIPMENT ACCOUNT 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was duly passed and adopted. RESOLUTION NO. 83 -127 emh ber Geiie�hotTia introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1983 GEN ERAL FUND BUDGET AND AUTHORIZING TIj TRANSFER OF FUNDS FROM THE COUNCIL CONTINGENCY ACCOUNT TO THE PARKS MAINTI EQUIPPMT ACCOUNT 8 -22 -83 -6- 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was duly passed and adopted PUBLIC HEARING ON PROPOSED ASSESSRUIT FOR 69 -70TH AVENUE STREET, SANITARY SEWER, TER MAIN iPRO /V=1 PROJEC TS Me - Director oYPiz is ors reviewed for Council members the various projects comprehended by the public hearing, including the Street, Sanitary Sewer, and Water Main Improvement Projects for 69th -70th Avenues. He also reviewed the location of the projects, the boundaries of the assessment districts, assessed costs, assessment rates, and assessment periods for the projects. The Director of Public Works stated that notices of the hearing had been sent to all affected property owners and have been published in the City's official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on the Proposed Assessment for 69th -70th Avenue Street, Sanitary Sewer, and Water Main Improvement Projects. Mayor Nyquist recognized Mr. Paul Rosso, who addressed the Council and stated that his address was 7 Ortman Street, Southeast Minneapolis, and that he was representing his sister, Melba Evanson.. He stated that his sister's property was not adjacent to any water main, but that the water main is in her property and was constructed in 1960. The Director of Public Works explained that the sanitary sewer and water main lines were extended to coincide with the realignment of 69th -70th Avenues. He explained that the properties assessed were the Hussman property and the Evanson property. The Director of Public Works then proceeded to review the written agreement between the City and Mrs. Melba Evanson. He pointed out that as part of the negotiated settlement for a roadway easement over a portion of the property., it was agreed that the assessment would be deferred for five years or until development or title transfer takes place. He stated that the benefit to the property is established on future use of the land. He added that the land could support a number of residential lots, and that the assessment is based on a standard of assessment which is determined by the front footage of the property. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one else appeared to speak and he entertained a motion to close the public hearing. There was a-motion by Council member Hawes and seconded by'Councilmember Scott to close the public hearing on the Proposed Assessment for 69th -70th Avenue Street, Sanitary Sewer, and Water Main Improvement Projects Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83 -128 Member elia -`co introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT FOR 69TH -70TH AVENUE STREET, SANITARY SEWER, AND WATER MAIN IMPROVEMENT PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member 8 -22 -83 -7- Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, 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. PROPOSED ASSESSMENT FOR 51 ST AVENUE NORTH WATER MAIN IMPROVEMENT T NU.__T98 ifi EyTanager stated that notices of the public hearing have been sent to all affected property owners, and notice has also been published in the City's official newspaper. The Director of Public Works reviewed for Council members the 51st Avenue North Water Main Improvement Project No. 1982 -07, including the location of the project, the assessment area of the project, and noted that the project is being installed on an easement. He then reviewed for Council members a summary of the project costs, including the assessment rates and assessment period for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on Proposed Assessment for 51st Avenue North Water Main Improvement Project No. 1982-07. He inquired if there was anyone present who wished to speak at the public hearing. Mr. Paul Rosso addressed the Council and inquired when the Board of Review meets so he and his sister could appeal.what he termed the "unauthorized action of the City Council in the resolution." The City Manager informed Mr. Rosso that the Board of Review of the City meets in June but that the Board of Review has nothing to do with special assessments, and that an appeal on the special assessments would require a separate legal action. Mr. Paul Rosso continued his objection to the proposed special assessments on Mrs. Evanson's property. Mayor Nyquist informed Mr. Rosso that the hearing on the 69th -70th Avenue Street, Sanitary Sewer, and Water Main Improvement Projects was closed, and that the Council is now in another area. Mr. Rosso continued to speak and Mayor Nyquist used his gavel to maintain order at the meeting, and again informed Mr. Rosso that the public hearing on the 69th -70th Avenue project was closed. Mayor Nyquist then inquired whether anyone else wished to speak at the public hearing on the Proposed Assessment for 51st Avenue North Water Main Improvement Project No. 1982 -07. No one appeared to speak at the public hearing, and the Mayor entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on the Proposed Assessment for 51 st Avenue North Water Main Improvement Project No. 1982 -07. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Director of Public Works recommended that the Council adopt the alternate resolution prepared.by the staff, and explained that because of the objection of the Tri -State Land Company to the proposed assessment, the resolution would adopt the assessment roll with the exception of the Tri -State Land Company property. -He 8 -22 -83 -8- f added that the resolution would delay action until September 26, 1983 in order to allow time to prepare additional information for the, Council regarding the proposed assessments. Councilmember Hawes inquired what would happen if the Tri -State land Company is successful in appealing the assessment. Mr. Jim Thomson explained that at a later date when the property is developed, there is a provision in the law to allow the assessment against the property at that time. The City Manager stated that the resolution stipulates that the hearing on the protest of Tri -State Sand Company as to the said property described in the resolution would be adjourned until September 26, 1983 at 8 :00 p.m. in the Brooklyn Center Council Chambers at 6301 Shingle Creek Parkway- FM IUTION NO. 83 -129 Member Gene Lhotka introduced "the following resolution and moved its adoption RESOLUTION ADOPTING ASSESSMENT FOR 51 ST AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1982 -07 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 I,hotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same : none, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 8:50 p.m. and reconvened at 9 :01 p.m, PLANNING C0144ISSION ITEMS PLA NNING C 9 1Mi hTCATION NO. 83037 SUBMITTED BY CRAMER COMPANY FOR SITE AND N� ANA? SPECIAL f3 PIT WPPRS fiT CE NM I3 VEW1 =R- LAN D 'R P TAT T 1�1 ESTQU� I -94 OY YN BOULEVARD erector of Planning & Inspection presented and reviewed for Council members "pages 1 through 3 of the August 4, 1983 Planning Commission meeting minutes, 10 through 13 of the July 14 Planning Commission meeting minutes and also the two Planning Commission information sheets prepared.for Application No. 83037. The Planning Director proceeded to review the applicant's request, the location of the subject parcel in the southwest quadrant of I -94 in Brooklyn Boulevard, and also explained that the subject parcel was zoned R -5. He noted that office services uses are considered special uses in the R -5 zoning district, The Director of Planning & Inspection reviewed the conflict of the application with the recommendations in the City's Comprehensive Plan. He noted that the plan recommends mid - density residential development in the area of eight units per acre. The Planning Director noted that the Planning Commission held a public hearing on August 4, 1983 to consider amendments to the City's Comprehensive Plan, and at the meeting passed Resolution No. 83-3 which recommended to the City Council that the Comprehensive Plan be amended to allow land designated for service /office to be developed alternately as town houses, and land designated for town houses to be developed alternately as Sow rise offices, but not as service or retail use The 8 -22 -83 -9- Planning Director then reviewed a proposed resolution adopting amendment of Council Resolution No. 82 -255 relative to.land along Brooklyn Boulevard recommended for office or mid - density residential development. The Director of Planning &Inspection reviewed for Council members a transparency of the landscape plans submitted by the applicant. He then reviewed the proposed parking plan and traffic circulation on the site. He added that the applicant proposes to condominiuminize the units. The Director of Planning & Inspection then reviewed the greenstrip requirements for the application, and explained that the Planning Commission recommended opaque screening where abutting properties did have any screening devices and in other areas with screening, additional landscaping would be installed. He then reviewed the proposed holding pond and underground irrigation` system and the exterior construction and treatment of the units. The Planning Director noted that the applicant would be required to extend the median on Brooklyn Boulevard permitting a right turn in and right turnout only. He added that, at the public hearing held by the Planning Commission, objections were received from the neighbors to the south of the proposed project, and other objections were addressed in the Planning Commission minutes. The Director of Planning noted that the Planning Commission recommended approval of the Comprehensive Plan Amendment, and that notices of the Comprehensive Plan Amendment were sent to the Metropolitan Council. He stated that the staff at the Metropolitan Council indicated that the amendment had no regional impact. The Planning Director noted that the Planning Commission, at it's August 4; 1983 meeting, recommended approval of Application No. 83037, subject to conditions which he reviewed for Council members. He added that the required public hearing on the application has been scheduled for this evening, and that the required notices had been sent to all-affected property owners. At the request of Mayor Nyquist, the Director of Planning & Inspection reviewed the Minnesota Department of Transportation's comments on the project. In response to a question from Councilmember Scott, the Director of Planning reviewed the location of the entrance to the proposed project with regard to it's distance from the I -94 ramp. Councilmember Hawes inquired whether the existing restrictive covenants still apply to the lots along Brooklyn Boulevard. The Director. of Planning & Inspection stated that the covenants are still applicable and noted that they were private covenants prohibiting commercial use of the land. He added that it was his understanding that the agreement to remove the covenants could be obtained if all persons who are a party to the covenants agree. At the request of Councilmember Hawes, the Director of Planning& Inspection reviewed the objections of the property owners to the south of the proposed project, which centered on traffic circulation regarding the right turn in and right turn out only on Brooklyn Boulevard. Councilmember Lhotka inquired whether the proposed holding pond for the project was a necessity. The Director of Public Works stated that the pond would be a necessity to limit run —off on the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning 8 -22 -83 -10- Commission Application No 83037. He recognized Mr. Larry Cramer, the applicant. Mayor Vyquist requested the applicant to respond to the certainty of the development of the project. Mr. Cramer.stated that his development group has had a record of accomplishing what they set out to do, and stated that only way the project would not be constructed is if his group could not obtain financing for the offices. ' He added that Council approval of the application is required before financing can be secured. He then distributed photographs of a similar project he had constructed. i Councilmember Hawes inquired whether the applicant would possibly build only half of the project. The applicant replied that the project would be phased and that he would start on the building nearest the entrance to Brooklyn Boulevard. Mayor Nyquist recognized Dawn Harrer, 65521 Brooklyn Boulevard, who stated that she believed the deceleration lane proposed with the project will not work, especially with the extra 100 cars expected from the project - daily. Mayor Nyquist recognized Mr. Russell Bottelson, who stated that he lives on the corner of France and Brooklyn Boulevard, and has a problem with vehicles making U turns pulling onto France and into his driveway to turn around. The City Manager stated that he could appreciate Mr. BottelsonIs dilemma and added that, currently, discussions are going on with the City of Brooklyn Park, and MN /DOT regarding the feasibility of a half diamond at Zane Avenue and I -94 He stated that the half diamond constructed at this point would take pressure off the area of Brooklyn Boulevard and I -94• ' The Director of Public Works reviewed for Council members the modifications discussed by MN /DOT to modify the turn lane leading onto east 694 to accommodate high occupancy vehicles, such as buses. He also reviewed MN /DOT plans for modifying the left turn lanes onto east I -94 for traffic traveling south on Brooklyn Boulevard. Mayor Nyquist recognized an individual from the audience who identified himself as an attorney, representing Mr. Gary Zimmerman, owner of property to the south of the proposed project. He stated that he believes some inaccurate assumptions were made about his client's property. He cited Minnesota Statutes 500.20 and stated that the statute provides that when covenants become of nominal value they may be disregarded. He proceeded to state that an assumption was made that the median extension will mitigate the traffic situation. He pointed out that his client has demonstrated to him that it would not, and pointed out that his client now backs out from his driveway onto Brooklyn Boulevard, and if the median is put in, he won't be able to back out of the driveway. He stated he believes an extra lane will be needed in front of the homes along Brooklyn Boulevard so they won't get hit by traffic coming off the freeway. He requested that the Council lay over the project until a better plan can be obtained from MN /DOT, and added that he. can't believe such an ill conceived plan could be approved. Mayor Nyquist recognized Mr. Blazek, 6515 Brooklyn Boulevard, who stated that he lived in the third house from the proposed project, and has observed cars at speeds of 50 miles per hour coming off the freeway ramp onto Brooklyn Boulevard. At the request of Mr. Blazek, the City Manager reviewed the date and procedure for the public hearing on the ordinance amendment in conjunction with the proposed application. Mayor Nyquist recognized Mr. Paul Holmlund, 6536 Indiana Avenue North, who inquired how the developer would propose to keep the water in the holding'pond on the site, if -22 -83 -ll- the project is approved, and the type of fencing required for the project. :`b Director of Planning & Inspection explained that the Planning Comra�ir� recommended a 4' high opaque fence where no screening exists presently, and landscaping in.the areas where screening already exists. In response to Mr. Holmlund Is question regarding the holding pond, ljr. Cd t t m applicant, stated that he would conduct soil investigations on the site and mV u, bentonite or natural soils in the holding pond. He added that he has met Arith tzi�e highway department, and that the maximum number of cars traveling east on Brockly Boulevard is 200 cars per minute. He added that PST /DOT has determined that his development will not add significant traffic to this already existing traffic. gin conclusion, he stated that it his attorney's opinion that the private covenants are valid. Councilmember Theis posed a question, that if the project is approved and th project is not built,, what other possible uses could the Comprehensive Flan Amendment open up in the area. The Director of Planning & Inspection replied that the change would allow office uses no greater than two storeys. He explained the present zoning of the land could accommodate a 72 unit apartment complex or a three storey office use under a special use permit. Mr. Cramer explained that the type of fence he would construct on the project area would probably be a cedar fence to match the exterior of the buildings. Mayor Nyquist recognized Mr. Paul Holmlund who stated that he believed the concern of the property owners in the area was for a security fence, and with regard to condition No. 2.of the Planning Commission's recommended conditions, he requested the condition to be amended to state that a fence would be constructed where desired by property owners. He added that he would be happy to remove his 3' high redwood fence for a security fence. The Director of Planning & Inspection explained trh, t the City's zoning ordinance requires screening and not security, but as part oft special use permit, the Council could address the construction of a security fence. Mayor Nyquist inquired if there was anyone else who wished to speak at the put lic hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember ILhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 83037. Voting a favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. VotirAe against: none. The motion passed unanimously. There was a motion by Councilmember Ihotka and seconded by Councilmember Scott #^ approve Planning Commission Application No. 83037, subject to the followrg conditions: 1. The special use permit is subject - to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. Opaque fencing shall be installed along property lines abutting neighboring residences where none presently exists. Where fences do exist, a dense row of shrubbery shall be planted and maintained for screening purposes. 8 -22 -83 -12- t The median in Brooklyn Boulevard shall be extended 100' to prevent left hand turns into and out of the proposed complex. Said median extension shall be the responsibility of the applicant under permit from MN /DOT. The median extension shall be approved by MN /DOT prior to the issuance of building permits and construction of the median shall be in conjunction with the construction of the office complex. 4. Medical occupancy of the office complex shall be limited by the parking available on the site or shown on a proof- of- parking plan to be submitted by the applicant. 5. The applicant acknowledges that no access to this site from Indiana /66th Avenue North (to the west of the site) shall be granted now or in the future. 6. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance o f Pe rmits. 7. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. _ =; - -8. 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 improve - -- - - - - ments -including median construction on Brooklyn Boulevard. Any outside -trash disposal facilities and - rooftop - ___mechanical equipment shall be appropriately screened from view: t0.__The_ buildings are 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, Ordinezees. -- _ - __I%_ -Art =derground- irrigation system shall-be installed in -- - all landscaped areas to facilitate site maintenance. 12. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 13. B612 curb and gutter shall be provided around all parking and driving areas. - 14. A deceleration lane shall be installed in accordance with MN /DOT recommendations and the sidewalk along the west side of Brooklyn Boulevard shall be relocated onto - - -the applicant's_ property with the granting of an easement for sidewalk purposes. =22 =83 =i3- There was a motion by Councilaiember Scott and seconded by Councilmember Theis to amend condition 2 of the motion for approval of Application No.. 83037 by amending the condition to read that "'opaque fencing shall be installed along property lines abutting all neighboring residences. where the residents desire. Where fences do exist, and if residents desire, a dense row of shrubbery shall be planted and maintained for screening purposes." Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none.' The motion passed unanimously. Upon a`vote being taken on the motion for approval of Application No. 83037 as amended, the following voted in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83-130 Mem er elia_ introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDMENT OF COUNCIL RESOLUTION NO. 82 -255 `(COMPREHENSIVE PLAN) RELATIVE TO LAND ALONG BROOKLYN BOULEVARD RECOMMTDED FOR OFFICE OR MID - DENSITY RESIDENTIAL DEVELOPMENT 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: i Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 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 to Allow how Rise Offices in the R -3 Zoning District by Special Use Permit and to set a public hearing date on the ordinance for 8:00 p.m. on September 26, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING CO1 APPLICATION NOS. 83033 AND 83034 SUBMITTED BY HILLTOP BUILDERS FOR SITE AND BUILDING PLAN APPROVAL ED A R - WUE�S FOR A MDEC TO COEST AN AI'AR= THE NOR RSTE OF FAM= =A SED 83 MAJOR T A MME N SRTH �Ahe`City Manager stated the applicant has requested that consideration of the application be tabled to allow him time to submit a revised site plan. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table consideration of Planning Commission Application Nos.' 83033 and 83034 submitted by Hilltop Builders at the request of the applicant until such time as the applicant provides the necessary site plan. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously., PLANNING COMMISSION APPLICATION NOS. 83042 AND 83043 SUBMITTED BY ROBOT D. UTELTY MR PEEL 7 TTY APPROVAL T(T= Vil)E INTO = LOTS THE '�bF=A`7= SOUTF ?T X S AVn. 110777 7r-94 AI'�R A ?CI T✓ N 15 106OF THE SUBDIVISION ORDINATICE TO M A T WITH AN AVERA E �Ei'TH OF LESS M TTT T ANOT °�fW WITH L TFU T0' 7FAR NTAM r e Director f Plarming &. Inspection presen ed and reviewed for Council members pages 1 through 3 of the August 11, 1983 Planning Commission meeting minutes, and 8 -22 -83 -14- also the Planning Commission information sheets prepared for the applications. He then reviewed the location of the subject parcel, which is described as an outlot. He noted that, by definition in the City's zoning ordinance, an outlot is unbuildable. I The Planning Director reviewed the proposed legal descriptions and dimensions of the three parcels proposed by the application. He then reviewed for Council Members the request for variances submitted by the applicant and noted the necessity for a full 30' wide street extension to service the lots. He explained the applicant had submitted a letter regarding the standards for a subdivision ordinance variance. He then reviewed the Planning Commission's consideration of the applicant's variance request. Following a public hearing, the Planning Director pointed out that the Planning Commission recommended approval of Application Nos. 83043 and 83042, subject to conditions which he reviewed for Council, members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 83043 and 83042• He recognized an individual in the audience who stated that he was a resident who lived on the west side of the proposed application, and inquired how the driveway would access the roadway. The Director of Planning & Inspection reviewed the anticipated access to the roadway from the subject parcel. Mayor Nyquist recognized a representative of Mr. Robert Welty who requested clarification of the Planning Commission's discussion regarding the assessment for the widening of Xerxes Avenue to Quarles Road. The Director of Planning & Inspection reviewed the property - owners which would be assessed for the street widening. Mayor Nyquist inquired if there was anyone else present 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 Hawes and seconded by Councilmember Scott to close the public hearing on Planning Commission Application Nos. 83042 and 83043• Voting in favor: Mayor Nyquist, Councilmembers hhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Ihotka and seconded by Councilmember Hawes to approve Application No. 83043 on the grounds that the standards for a subdivision e met. Voting in favor: Ma N yquist, Councilmembers ordinance variance are aY' Y - ' t;, Wane. The motion ns Iiwtka, Scott, Hawes, and Theis. Voting agar passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 83042, 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 applicant shall enter into a subdivision agreement with the City stipulating the widening of "old" Xerxes to a full street width and extension of public utilities to the 8 -22 -83 -15- respective lots. -The cost of widening "old" Xerxes to a full street width and extension of public utilities to the respective lots shall be paid by the applicant. Voting in favor: Mayor Nyquist, Councilmembers ILhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 83044 SUBMITTED BY THE SALVATION ARMY FOR A SPECIAL MT PERMIT CO 1JCT _ b USE - ODD OTM AY The Director of Planning & Inspection presented and reviewed for Council members page 4 of the August 11, 1983 Planning Commission minutes, and also the Planning Commission information sheet prepared for Application No. 83044, He then reviewed the special use request submitted by the applicant and noted that the site is the old Ethan Allen furniture store. Councilmember Hawes left: the table at 10:40 p.m. The Director of Planning explained that the applicant submitted a letter outlining the plan to relocate the Salvation Army's existing administrative offices to the site. Councilmember Hawes returned to the table at 10:41 P.M. The Director of Planning& Inspection reviewed the available parking on the site, and noted that 75 parking spaces would be required for the proposed use, and at present there are 54 spaces on the site with proof of parking for 100 spaces.. He stated that the Salvation Army has requested deferral of the 75 space requirement, ° and that Major Speck of the Salvation Army has agreed to condition No. 3 recommended by the Planning Commission in its approval of the application. The Director of Planning& Inspection noted that the Planning Commission, after it held a public hearing, recommended approval of the application, subject to four conditions which he reviewed for Council members. He noted that a representative of the applicant is present this evening, and that the required notices of hearing had been sent. Councilmember I,hotka inquired whether the building was sprinklered. The Director of Planning & Inspection stated that the building was but that the administrative office use may require some remodeling'in the configuration of the sprinklers. Councilmember I,hotka then inquired whether the intended use was for administrative _ offices and not for distribution services. The Director of Planning & Inspection stated that this was the intended use proposed by the applicant, and that the Council could add this stipulation to the conditions of approval. Mayor Nyquist opened the meeting for the purpo -se of a public hearing on Application No. 83044. He recognized Major William Speck, of the Salvation Army, who stated that he understands the conditions recommended by the Planning Commission, and that the collection of clothing and other articles undertaken by the Salvation Army is a sheltered workshop operation and could not be accommodated at the site, since it requires housing and other items not available at this site. 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. 8 -22 -83 -16- b Councilmember uncilmember Hawes to li There was a motion by Councilmember Scott and seco nded y close the public hearing on Application No. 83044. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. j The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 83044, subject to the following conditions: 1. The permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the Salvation Army as the user of the facility and is nontransferable. 3. Special use permit approval acknowledges a proof of parking for stalls sufficient to meet the require- i ment for office use of the entire building. In the event that the City determines that the existing spaces are inadequate, the applicant shall be required to install parking stalls up to the office require- ment of 75 spaces. 4. Building plans for the remodeling to office space are subject to the review and approval by the Building Official with respect to applicable codes prior to • the issuance of building permits. 5. Special use permit approval is contingent on the use of the facility for administrative offices only and any collection or distribution of clothing goods or commodities is expressly prohibited. Voti..g in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COTIIISSION APPLICATION N0. 83029 SUBMITTED BY WES' STANDARD FOR A SPECIAL USE Tf' O SELL - ITEMS OT 1M= A=M FART= ACCES SORIES AT THE SERVICE STATION IOCATED AT 6044 BROOKLYN BOULEVARD 'The Director of Planning & Inspection presented and reviewed for Council members' pages 5 through 7 of the August 11, 1983 Planning Commission meeting minutes and also the June 30, 1983 Planning Commission meeting minutes. He then reviewed the applicant's special use request and also the location and zoning of the subject parcel. The Planning 'Director noted that the Planning Commission first reviewed the application on June 30, 1983 at which time the application was tabled, and the applicant was requested to submit a professionally drawn parking plan. The Director of Planning reviewed the parking requirements related to the applicant's request and noted that a total of 23 spaces woVId be repaired - He then reviewed the parking plan submitted by the applicant showing 18 existing parking stalls and 5 stalls in the proof of parking plan. He noted the Planning Commission recommended acknowledgment of the.proof of parking contingent on the applicant stating in 8 -22 -83 -17- writing that'the'stalls will -be provided if the Council so requires it. The Planning Director also pointed out that the owner of the apartments to the east of the subject parcel had submitted a written comment regarding the condition of the fence between the apartment complex and the applicant's facility and asked that it be added to the special use conditions. The Director of Planning stated the Planning Commission recommended approval of Application No. 83029, subject to four conditions which he reviewed for Council members. Councilmember I+hotka inquired whether the applicant had met condition No. 2 of the recommended Planning Commission conditions. The Director of Planning& Inspection replied that the applicant had not met this requirement. Mayor Nyquist opened the.meeting for the purpose of a public hearing on Application No. 83029 and inquired if there was anyone present 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 I,hotka and' seconded by Councilmember Hawes to close the public hearing on Application No. 83029. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Ihotka expressed a concern about condition No. 2 in the Planning Commission recommendations and requested the applicant to address this condition. Mayor Nyquist recognized Mr. Wes Reavely who stated that the parking plan submitted ° was not his plan and that it was the Planning- Director's plan drawn by Suburban Engineering. He explained that the original plan he submitted allowed him 24 parking spaces. He stated it was his recommendation on the existing plan to allow parking at the pump islands which would make 24 total parking spaces on the site. The Director of Planning & Inspection noted that the parking spaces at the pump islands were not considered parking spaces by the City ordinances. Councilmember Ilhotka inquired of the applicant why he was unwilling to.submit a letter in compliance with condition No. 2. Mr. Reavely replied that he could not submit the letter on behalf of Standard Oil The Planning Director suggested that perhaps Standard Oil should be applying for the special use permit rather than Mr. Reavely. Mr. Jim Thomson, representing the City Attorney's office, stated that the conditions of the application will be imposed on the applicant, and that the negotiations with the owners of the property is the applicant's responsiblity. Mr. Reavely stated that he feels the variance is for the parking and the sale of groceries. The City Manager commented that no variances are being required, and that the Planning Commission's request is for future needs for parking. He stated that the Planning Commission accepts the applicant's recommendation but with the requirement for possible additional parking in the future. Mr. Thomson stated that, if the Council's decision is to require the proof of parking, the Council could amend the Planning Commission's recommended conditions to state that the applicant shall agree in writing prior to the issuance of permits. 8 -22 -83 _Ig_ Mr. Reavely stated that, because Standard Oil has the final word, he does not have as much control as he would like Mayor Nyquist suggested the possibility of making the application subject to approval by Standard Oil. Councilmember Theis commented that he would have no problem with holding the permit until the letter is sent. Councilmember Ihotka stated that he did not feel he got an adequate answer to his - original question posed to the applicant. He suggested Mr. Reavely consider the - City Attorney's comments indicating that he would have to work on an agreement with Standard Oil. Mayor Nyquist inquired of the applicant what role Standard Oil played in the application. Mr. Reavely replied that Standard Oil had no Partin it but that Standard Oil encourages the type of operation proposed in the application. Councilmember Theis inquired of the applicant how long it would take to get an answer from Standard Oil regarding the application. Mr.. Reavely stated that he could get an answer by tomorrow morning. Councilmember Theis then inquired what prevented the applicant from contacting Standard Oil regarding the letter requested in condition No. 2 of the *Planning Commission recommendations Mr. Reavely replied that he was informed by Mr. Bill Rogers, of Suburban Engineering, that the requirements for the parking plan were all that was requested by the Director of Planning. The Planning Director inquired of the applicant whether or not his representative at the Planning Commission meeting informed him of the action taken by the Planning Commission and his comments regarding the proposed parking at the pump islands. Mr. Reavely stated that he was informed that it was all set to go with 24 spaces, including his plan. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 83029, subject to the following conditions: _1. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Permit approval acknowledges proof -of- parking for 5 additional stalls on the site. The applicant shall, prior to the issuance of the special use permit, provide a letter from the owner of the property agreeing to install parking F spaces in accordance with the proof -of- parking plan upon a determination by the City that additional spaces are - needed to prevent traffic congestion in the public streets. 3. The screen fence along the east side of the property shall be repaired and painted prior to the issuance of permits. 4. The area along the west side of the building (by the front entrance) shall be designated and signed a fire lane and no parking shall be permitted in this area. - In- discussion of the motion, Councilmember Ihotka stated that he believes the applicant has had an opportunity to provide the letter and that he could not vote for the application. Councilmember Hawes commented that he was disappointed in the applicant, in that he 8 -22 -83 -19- went into business prior to obtaining the proper permits. Upon a vote being taken on the motion on the table, the following voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion °passed. AUTHORIZATION TO ENTER INTO CONTRACT WITH A COLLECTION AGENCY The City Fanages requested !ha is ices be deferred since e contract with the collection agency was not yet ready. ORDINANCES ANO RDINA � E GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSTGRS A dX IVE FRANCE= TO CONSTRUCT, ATE, REPT1R, A ND MAMTA � FACIlITMT AND II T F R 1' TMTSP RAT TION, �T� B r , M , UFACTU SALE F U l'D "RGY7 =TTR VA 1 E = PUBLIC GR= == OF CET 7, TI L E TA PM SUCH P FTOSEES; AND P CRIBMG CERTAIN T M9 CONDIT 11 T � FF There was a motion by Councilmember Scott and seconded by Councilmember Ihotka to approve for first reading An Ordinance Granting Minnegasco, Inc., a Minnesota Corporation, its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair, and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ground of the City of Brooklyn Center, Minnesota for such Purposes; and Prescribing Certain Terms and Conditions Thereof, and to set a public hearing on the ordinance for 8:00 p.m. on September 26, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager noted that the next agenda item was related to the ordinance and concerned a resolution of the Suburban Rate Authority Board to authorize $40,000 in revenue during 1984. He noted this item for Council member's information and requested that it be considered in conjunction with the 1984 budget. Councilmember Lhotka commented that, as a representative to the Suburban Rate Authority, his impression of the organization was that the overall group belonging to the SRA benefits greatly for the cost. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SPECIAL USES IN TIM C2 G - DISTR The CRy Manager noted the ordinance is offered for a first reading and that it would make tennis clubs, racket and swim clubs and other athletic clubs and health spas a special use in the C2 zoning district. ° There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Special Uses in the C2 Zoning District, and to set a public hearing on the ordinance for 8:00 p.m. on September 26, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION OF HOWE FIRE Mayor Nyquist stated that he had received a call from Mr. Tom Howe regarding the fire at the Howe facility on August 8, 1983 and also concerning the rebuilding of the structure damaged by the fire. The Director of Planning& Inspection noted that the a -22 -83 -20- fire occurred in the bagging and storage building and not in the building containing the nonconforming use. He added that the staff has conveyed to Howe, Inc., based on information provided by Howe's consulting engineer, various information on the building. He added that Howe is requesting that the nonconforming use not affect the rebuilding of the building damaged by the fire on July 5, 1983. He added that ` Mr. Tom Howe indicated that he would like, as soon as possible, to rebuild the roof structure and requested a partial permit to reconstruct this portion of the building. The Director of Planning stated that the staff recommendation is that the destruction of the building did not exceed 50% of the building; that the building in which the fire occurred did not house the nonconforming use; and that Howe, Inc. is entitled to rebuild the damaged structure. He added that Mr. Howe is intending to submit a full plan for the reconstruction prior to the time that a full permit for the entire reconstruction would be issued. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to acknowledge that the damage caused to the south building on the Howe, Inc. site due to the August 8, 1983 fire does not constitute 50% destruction of the building; that the building in which the fire occurred did not house the nonconforming use, and that Howe, Inc., is entitled to rebuild said structure. Voting in favor: Mayor Nyquist,.Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNYIENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn, Center City Council adjourned at 11:38 p.m. p Cl J rk Mayor 8 -22 -83 -21- -