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HomeMy WebLinkAbout1983 09-12 CCM Regular Session MINUTES 010 TIE PROC UMTNGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CFT` TER IN THE COUNTY OF HENNEPIN AND TOE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 12, 1983 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 P.M. ROLL CALL ayor - Lean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Tanager Gerald Splinter, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Scott would be absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Hawes. 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 Nryquist inquired whether any Council members had any agenda items they wished removed from the Consent Agenda. The City Manager requested that the performance bond releases and reductions be added to the Consent Agenda. APPROVAL OF MINUTFS - AUGUST 22, 1983 T e�i re was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of August 22, 1983 as submitted. Voting in favor: Mayor Nyquist, Council-members Lhotka, Hawes, and Theis. Voting against none. The motion passed. PERFOR[AMTCE BOND RELEASES /REDUCTIONS There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the release of the following performance bonds: 1. Big Wheel Auto Store, 6822 Brooklyn Boulevard - Amount of guarantee $3,500 bond 2. Q Petroleum, 1505 69th Avenue North - Amount of guarantee $10,000 bond 3. Meriwether's Restaurant, 2101 Freeway Boulevard - Amount of guarantee $5,000 bond 9 -12 -83 -1- 4. Pontillo's (Davanni's) Pizzeria, 5937 Summit Drive - Amount of guarantee $2,000 bond to be released upon one tree around the perimeter greenstrip being brought to an upright position. 5. Red Lobster, 7235 Brooklyn Boulevard - Amount of guarantee $5,000 bond to be released upon completion of the repair of the fence along the south side of the off -site lot. 6. Earle Brown Farm Estates, First and Second Additions - Amount of guarantee, Phase 1, $25,000, Phase 2, $35,000 Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the reduction of the performance guarantee for Earle Brown Farm Estates, Third Addition from $25,000 to $15,000 to ensure that remaining landscaping is installed and viable through the winter, contingent upon receiving from DeVries Builders, Inc., a letter acknowledging that the remaining improvements in the First and Second Additions must be completed prior to release of the bond for the Third Addition and the reduction of the performance guarantee for Shingle Creek Plaza II, 2700 Freeway Boulevard, from $80,000 to $5,000 to ensure eventual completion of remaining improvements. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Hawes, and Theis. Voting against: none. The motion passed. PROCLAMATION DECLARING SEPTEMBER 17 TROUGH SEPTEMBER 23 AS CONSTITUTION WEEK There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the Proclamation Declaring September 17 Through September 23 as Constitution Week. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 83 -131 Member ene - Ih6 'introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -F (LIONS PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1982 -20, PHASE II) 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R'SO LUTION NO. 83 -132 Member Gene Lhotka introduced the following resolution and moved its adoption: RE,SOLUTION ACCEPTING WORK PERFOPJ UNDER CONTRACT 1983 -H (51 ST AVENUE NORTH WATER i`TAIN IMPROVEI`1E1T PROJECT X10. 1982 -07) The motion for the adoption of the foregoing resolution was duly seconded by member 9 -12 -83 -2 Rich'I'heis, and upon vote bein�7 taken thereon, the following voted in favor thereof: De an Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION' TAO. 83 `3 Member Gene Lhotka introduced the following resolution and moved its adoption: RE OLUTI01T ACCEPT TNG WORK PERFOR14ED UNDER. CONTRACT 1983 -C (WELL NO. 3 REPONDITIONII3G PROJECT NO. 1983 -03) 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTIO2 NO. 83-134 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING EARLE BRa -INC FARMM ESTATES SIDEWALK IMPROVEMENT PROJECT NO. 1983 -13, ACCEPTING BID FOR CONSTRUCTION OF SIDEWALK IN EARLE BROWN FARM ESTATES TOWNHOUSE DEVELOPIMF T 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly Wised and adopted. LICENSES There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to approve the following list of licenses: AMUSEMENT DEVICE LICENSE - OPERATOR Winchell's Donuts — 1912 57th Ave. N. C0141MCIAL 1CMNEL LICENSE Daisy Tae Dog Grooming 6830 Humboldt Ave. N. GAMBLING LICENSE - CLASS B Earle Brown School.P.T.A.- 5900 Humboldt Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Ctr. Lioness 6301 Shingle Cr. Pkwy. Knights of Columbus 7025 Halifax Ave. N. MECHANICAL SYSTEM'S LICENNSE Qua,lity Air 7907 5th St. N..E. NONPERISHABLE VENDINtNG MACHINE LICENSE Coca Cola Bottling Midwest Inc. 1189 Eagan Ind. Rd. Humboldt Sq. Cleaners 6824 Humboldt Ave. N. 9 -12 -83 -3- Voting in favor; Mayor Nyquist, Councilmembers Lhotka, F.awes, and Theis. Voting against: none. The motion passed: RESOLUTIONS (CONTINUED) RESOLUTION NO. 83 -135 Member Bill Tawes introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $930,000 GENERAL OBLIGATION TAX INCREMENT ,BONDS OF 1983 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, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -136 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -G (WATER TOWER IMPROVEMENT PROJECT NO. 1982 -15) 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, 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 Accepting Bid and Approving Contract 1983 I (Park Shelter Improvement Project No. 1983 -10) . He explained that the resolution provides for shelter building improvements at Kylawn, Bellvue, and Freeway Parks and construction of trash enclosures and comfort station screening at various - parks. He reviewed for Council members 1 No - 83-6, and indicated that the staff does not think a better bid on any of the items could be received if the bid were deferred until spring. The Council entered into a discussion of the specific bid items and types of materials bid, including various materials proposed for the toilet enclosures. RESOLUTION NO. 83-137 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1983 --I (PARK SHELTER IMPROVEMENT PROJECT NO. 1983 -10) The motion for the adoption of the foregoing resolution eras duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Ihotka, 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 Accepting Engineer's Report, Establishing Central Park Tennis Court Improvement Project No. 1983 -12, Phase I, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1983 -L). He 9 -12 -83 -4- explained the resolution provides for soil corrections for the Central Park tennis courts, Councilmember Lhotka requested the staff to give an estimated cost of the total project. The Assistant City Engineer stated that the estimated total cost of the project would be 4140,000 for four tennis courts. Councilmember Lhotka then stated that in the future he would like to see the total cost of projects presented when approval of a portion of the project, such as soil corrections, is brought before the Council. RESOLUTION NO. 8 3 -138 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT, ESTABLISHING CENTRAL PARK TENNIS COURT IMPROVE IETTT PROJECT NO. 1983 -12, PHASE I, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISE2 FOR BIDS (CONTRACT 1983 -L) 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, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending 1983 Employee Position and Classification Plan. He explained the resolution would provide for the establishment of a maintenance worker position as provided within the 1983 budget for the Government Buildings division. Councilmember Theis inquired as to how the salary range was determined for the position. The City Manager explained that the Director of Public Works, in conjunction with other City staff, determined a salary range on the basis of market and internal pay requirements and comparisons. Councilmember Ilhotka inquired how the work of the proposed maintenance worker is being handled currently. The City Manager replied that the work is being handled in a contract basis, and that the maintenance worker position would provide more technical capability in the area of building maintenance and heating and air conditioning maintenance than is currently provided by existing staff positions, Councilmember Lhotka stated that he would like to see some cost comparisons between the contract work and the proposed maintenance worker position. The City Manager suggested that, since the proposal is from the Director of Public Works who is not present this evening, he would suggest that the item be tabled until the next Council meeting. There was a motion by Councilmeinber Lhotka and seconded by Councilmember Theis to table consideration of a Resolution Amending 1983 Employee Position and Classification Plan until the regularly scheduled Council meeting on September 26, 1983. RESOLUTION NO. 83 -139 Member e e oTE introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE THE HOUSE AT 5501 ALDRICH AVENUE NORTH IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES 9-12-83 8 - - 5 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, 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 PRIVATE KM= LICENSE APPLICATION The City Manager stated that the private kennel license application was received from Ms. Ellaina Marie Isaac, 6325 Brooklyn Boulevard. The City Manager explained that a public hearing has been scheduled for the private kennel license application for this evening, and that the notice of the hearing has been sent to all property owners within 150 feet of the applicant's property. Administrative Assistant Bublitz explained that the applicant had been issued three tags for violation of the City ordinance, related to the requirement that a private kennel license application be obtained for the keeping of more than two dogs. He explained that the City's code enforcement officer issued three tags to Ms. Isaac, since she had _five dogs on the premises, three more than the ordinance allows, without obtaining a private kennel license. The City Manager stated that the staff had received a telephone call this afternoon from an individual registering a complaint against the issuance of the private kennel license based on the noise that the dogs make. Mayor Nyquist inquired whether there was any procedure for monitoring the license after it had been issued. The City Manager stated that a license can be withdrawn, if it is issued, but it is more difficult to withdraw the license as opposed to not issuing a license. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license application from Ellaina Marie Isaac, 6325 Brooklyn Boulevard. Mayor Nyquist recognized Mr. Earl Holtz, 6319 Brooklyn Boulevard, who stated that he lives next door to the applicant and that the dogs are not excessively noisy. He added that he would support the applicant's application. Mayor Nyquist recognized the applicant who stated that her dogs do bark but that she makes it a point not to let them out in the morning or after 9:30 at night. P/is. Isaac stated that she will be moving from 6325 Brooklyn Boulevard in November or January, and would be taking three of the dogs with her and pointed out that she would need the private kennel license only for this period of time until she moves. Councilmember Lhotka asked how old the dogs were. Ms. Isaac explained that the male and female were five years old and that there were two three -year old pups. She added that the fifth dog is a husky which is eight years old. 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 Hawes and seconded by Councilmember Lhotka to close the public hearing on the private kennel license application. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Haines, and Theis. Voting against: none. The motion passed. 9 -12 -83 -6- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the private kennel license for Ellaina Marie Isaac, 6325 Brooklyn Boulevard for a period not to exceed six months from September 12, 1983. Voting in favor: Mayor 11yquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITETS Q SST 77R TIGI1AL BUSINESS PROMOTIONS UDDER THE CITY ZONING ORDINANCE The Director of Planning & Inspection reviewed a letter from Mr. Walter Frances, store manager of the Goodyear Service Store, located at 5501 Xerxes Avenue North. He explained that Mr. Frances' letter was a request for additional administrative permits for his store, based on his belief that his type of retailing operation is unique, and requires additional promotions comprehended by the City ordinance which grants administrative permits for special promotions The Director of Planning& Inspection explained that the Goodyear Service Store is entitled to two ten -day permits for special promotions, whereas, service stations under the ordinance are entitled to three thirty -day permits. Councilmember Theis inquired whether or not there was any rationale for the difference in the number of permits. The Director of Planning & Inspection explained that, the ordinance was changed approximately two years ago, at the request of service station owners who felt that they had unique businesses which required additional promotions. Councilmember Theis commented that he didn't know whether three thirty -day permits or two ten -day permits were the best solution, but that he definitely believed that the difference in the number of permits was not right. Councilmember Lhotka reviewed the discussions held by the Council at the time the ordinance was revised, and stated that the ordinance was amended at the service station owner I s request . He added that the staff, at that time, had a concern that the change in the ordinance would generate future requests, such as is being considered this evening. He added that he did not vote for the amendment the first time around and that he does believe there is an inequity in the ordinance. The City Manager stated that the special administrative permit essentially allows the business to suspend virtually all provisions of the existing sign ordinance for the period of the promotion. The Director of Planning & Inspection reviewed the types of typical requests received under the special administrative permits provision, and noted that about the only type of display not permitted is flashing lights. The City Manager commented that, he believes the system of issuing the administrative permits works well, but that an argument can be made as to the fairness of the length and number of promotions. He emphasized that the system of issuing the permits appears to work well Councilmember Lhotka stated that the consensus opinion of the Council appears to be that there is an inequity in the ordinance, and that he would like to review the entire ordinance and process and deal with it in a comprehensive fashion. The City Manager stated that the staff would try to be back to the Council by September 26 with recommendations. Councilmember Theis stated that he would like to review past discussions regarding the changes in the ordinance. 9 -12 -83 -7- RECESS The Brooklyn Center City Council recessed at 8:05 p.m. and reconvened at 8:25 p.m. PLANNING COM MISSION ITUIS PLANNING COT RISSI N APPLICATION NOS. 83033 AND 83034 SUBMITTIT BY HILLTOP BUILDERS 7M SITE AND BUILD PIAN APPR7AL N;D A RE QUFST FOR A VAR ANTE TO OI MA J OR A E N TH. — — — The Director of Planning & Inspection reviewed his memorandum to the City Manager regarding Planning Commission Application Nos. 83033 and 83034 dated September 8, 1983. He briefly reviewed the history of the request and noted that the City Council tabled consideration of Application Nos. 83033 and 83034 at its August 22, 1983 meeting, at the request of the applicant, in order to provide the applicant time to submit anew site plan. He proceeded to review the location of the subject parcel and the size of the parcel which was 29,311 square feet. He then reviewed the latest site and building plan submitted by the applicant for an eleven unit apartment building. He added that the new site plan contained different setbacks than were originally proposed by the applicant. He stated the applicant feels that the revised site plan minimizes the effect of the variance request. The Director of Planning& Inspection explained the Planning Commission recommended approval of the variance and site plan at their July 14, 1983 meeting. He added that the Planning Commission did not review the most current site plan submitted by the applicant. The Planning Director explained that notices of the Council's consideration of the applications have been sent to the appropriate property owners. Mayor Nyquist reopened the public hearing on Planning Commission Application No. 83034, and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Ms. Evelyn Schmidt who stated that she was representing the purchaser and was in favor of the application. She added that the Twin Lake North residents adjoining the proposed site did not want a joint driveway and added that the alternative is to put the driveway on the parcel, since it is a legal parcel. 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 Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 83034. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 83033, 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 bermi.ng plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 9 -12 -83 -8- 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Managers 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. B612 curb and gutter shall be provided around all parking and driving areas. 6. Plan approval comprehends an 11 unit apartment building which is consistent with the density requirements of the ordinance. 7. Any construction within the county road 10 right -of -way shall be completed under a permit issued by Hennepin County. 8. The applicant shall enter into an easement agreement with the City for street and utility purposes, said easement to be over the southerly 7 feet of the easterly 15 feet of the property. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 83034 on the grounds that the standards for a variance are met. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, .Hawes, and .Theis. Voting against: none. The motion passed unanimously.. PLANNING COTITITSSION APPLICATION NO. 83045 SUBMITTED BY RAMAADA INN /AL BEISNER FOR SITE AND BUILDING PLA�'I AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A 13 STORY, 174 =M HOT ON A RPOSED T T F ATTT KTffi EST COTTUR O_ RREE JGAT7RT 7M AND SHINGLR CREEK. PLANNING COMMISSION APPLICATION ISO. 83046 SUBMITTED BY RAMA:DA INN /AL BEISNER FOR PM - LI MITTZY R.I. 7 APPROV T O MR= INTO E TRACTS = PARCEL OF = 1�- T THE NORTUMT CORNER OF SHIIIGLE CR=. PARKWAY LT FREEWAY 170U - M - 7 D. r PLANNING COMMISSION APPLICATION NO. 83047 SUBMITTED BY RAP "DADA INN /AL BEISNER FOR A SPECIAL USE PERTZIT FOR OFF -SITE ACCESSORY PARKING FOR 98 STALLS TO SERVE THE RAMADA INN HOTEL. 7 Direct r of Planning & Inspection presented and reviewed for Council members pages three through seven of the August 11, 1983 Planning Commission meeting minutes, and also the three Planning Commission information sheets prepared for the applications. He then reviewed the applicant's request in Application No. 83046 and reviewed the location of the subject parcel and noted that the zoning was I -1 . J Pte' g The Planning Director noted that the area of the entire subdivision proposed in Application No . 83046 is 24.1 acres, and that it was divided into seven tracts which he reviewed for Council members. He then reviewed the sewer and water requirements of the hotel, which included a lift station and sewer project which would be paid at the applicant's expense as detailed in the subdivision agreement. 9 -12 -83 -9- The Director of Planning &-. Inspection reviewed the site and building plan submitted with Planning Commission Application No. 83045 and noted that the application comprehended a 174 room hotel, with a 200 seat night club, 90 seat dining area, and a 20 seat breakfast room. He also pointed out that the application included a ballroom with a seating capacity of 280 and meeting rooms with seating capacity of 180. The Planning Director reviewed the parking requirements for the application, and the applicant's request for deferral of 98 parking spaces. He then briefly reviewed the landscaping proposed with the application. In review of Application No. 83047, the Director of Planning & Inspection noted that the applicant has requested special use permit approval for offsite parking to serve the hotel, and that both the site of the principal use and the site of the off -site accessory parking is a special accessory use in the I -1 zoning district. The Director of Planning pointed out that the Planning Commission recommended approval of all three applications, subject to 'conditions and findings which he reviewed for Council members. He then recommended a 13th condition to be added to the conditions of approval recommended by the Planning Commission for Application No 83045 He stated that he would recommend that the following language be added as a 13th condition; The R.L.S. comprehended by Planning Commission Application No. 83046 shall be given final approval by the City Council and filed with the County prior to the issuance of building permits for the hotel project. The Director of Planning & Inspection noted that hearings are required on the preliminary plat proposal and the two special use permit requests. He noted that the proper notices of the public hearing scheduled for this evening had been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 83045, 83046, and 83047• Mayor Nyquist recognized the applicant, Mr. Al Beisner, who reviewed the site plan drawings and hotel floor plans for Council members. Mr. Beisner noted three major functional areas contained in the proposal, including the hotel, night club, and ballroom /meeting room assembly area. He then reviewed the color schemes proposed for various parts of the hotel. Councilmember Theis inquired of the applicant as to the construction timetable. Mr. Beisner replied that the target date for the beginning of the construction is in October, with a 14 to 16 month construction period. Mr. Beisner stated that there are certain tax advantages to be realized if the hotel is open in 1984 and that the target date for opening is in 1984. Mayor Nyquist inquired if there was anyone else present �Tho 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 Theis to close the public hearing on Planning Commission Application Nos 83045, 83046, and 83047• Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and 'Theis Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Counci7_mem1er Theis to approve Application No. 83045, subject to the following conditions: 9 -12 -83 -10- 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. Plan approval acknowledges deferral of 98 parking spaces to be located on the large, central parking lot serving the commercial and industrial uses in this area. A separate Performance Agree- ment and supporting financial guarantee shall be secured by the City for improvements to the central parking lot prior to the issuance of permits for the hotel. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the Cite Engineer, prior to the issuance of permits to assure completion of approved site improvements. 5. 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. 6. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. 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. 8. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 10. B612 curb and gutter shall be provided around all parking and driving areas. 11. A flood plain use permit shall be obtained for earthwork within the flood fringe. 12. The landscape plan shall be revised to indicate sod in the 7' wide greenstrip areas adjacent to interior property lines. 13. The R.I.S. comprehended by Planning Commission Application No. 83046 shall be given final approval by the City Council and filed with the County prior to the issuance of building permits for the hotel project. 9 -12 -83 -11- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 83046, subject to the following conditions: 1 The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary R.L.S. shall be revised to include items noted in the Assistant City Engineer's memo of August 8, 1983, prior to final consideration by the City Council. 4. Preliminary R.L.S.. approval acknowledges a master plan for grading and utilities for the area encompassed by this R.L.S. and the areas occupied by Specs. 10 and 11 and the central parking lot. Said master grading and utility plan shall be subject to review and approval by the City Engineer. However, review and approval of individual site development plans is not thereby implied. 5. The applicant shall enter a Subdivision Agreement with the City stipulating responsiblity for and assessment of costs for certain improvements to public facilities within the public right —of —way, including, but not limited to: a) the median opening in Shingle Creek Parkway b) potential installation of a traffic signal at the above median opening c) sanitary sewer improvements Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 83047, subject to the following conditions: 1. At least 98 parking spaces to be constructed on Tract C of the R.L.S. proposed under Application No. 83046 shall be legally encumbered to the sole use of the Ramada Inn on Tract B of the same R.L.S. The legal encumbrance shall be subject to review and approval by the City Attorney and shall be filed at the County prior to the issuance of building permits. 2. A separate performance guarantee provided by Shingle Creek Land Company shall be held to insure completion of site improvements to the large central, common parking lot on the master plan for the area bounded by freeway Boulevard on the south, Shingle Creek Parkway on the east and north, and MTC and Shingle Creek on the west. 9 -12 -83 -12- 3. Special use permit approval acknowledges a proof -of- parking for the hotel. The applicant shall acknowledge in writing that he will instal- the deferred parking upon a determination by the City that the need exists. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Hawes, and Theis. Voting against: none. The motion Wised. DISCUSSION IT11 (CONTINUED) RECONf iDATIONS FOR J N'Dia,1 IS TO THE CITY CHARTER FROM THE CITY CHARTER COMMISSION e City i-:anager introduced he d seu - ssion item and explained iF e C aarTer Commission had been �,tiorking for some time on recommended amendments to the Charter. He briefly reviewed for Council members the proposed amendments, and noted that a good number of the proposed amendments deal with "housekeeping" type items. With regard to Section 7.16 of the existing Charter, the City Manager stated that the Charter Commission is recommending elimination of that section. The City Attorney commented that he is not certain that this section should be taken out, and that he would like to confer with Mr. Dave Kennedy regarding this section of the Charter. Mr. Michael Beauchane, Chairman of the Charter Commission, commented that the Charter Commission initiated an inquiry to the City Attorney's office regarding Section 7.16, and that the issue was resolved for them which resulted in their recommendation to eliminate the section from the Charter. The City Manager stated that he would be meeting with the Charter Commission in October to discuss further changes in the Charter, particularly, amendments dealing with the budget process. The City Attorney commented that he would feel more comfortable if a unanimous vote were given by the Council for the first reading, and that since this was impossible with the absence of Councilmember Scott this evening, he would recommend tabling consideration of the first reading. Mayor Nyquist suggested that approval of the amendments for first reading be held over until the next regular Monday meeting. The Director of Finance, along with the City Attorney, discussed the proposed amendment to Section 2.6 of the Charter, which would change the word "office" to "officer" . The Director of Finance stated that he believed the original intent of Section 2.06 was to include a wider scope of the department and that the term "officer" narrows the scope of the provision. Mr.. Beauchane commented that this item was noted as a typographical error in the original Charter and that the original language in the Charter was "office" and not "officer ". The City Attorney also questioned the intent of the amendment to Section 5.09, and inquired whether the Charter Commission intends to maintain the language as "one through three" or to change to "one to three ". He noted that if the sentence in Section 5.09 is changed to "one to three," it excludes Section 3, and that if the sentence if left as "one through three," it includes Section 3. The City Attorney also commented on the recommended amendment to Section 8.04 regarding bonds required on public work projects, and noted that for public works projects on public property, a bond of public contractor is required since a lien 9 -12 -83 -13- cannot be filed on public property. He noted that the bond is required for the protection of the workers on the project, not the City, since the workers would be paid out of the bond money if the contractor does not pay the workers. With regard to Section 5.09, Mr. Beauchane stated that the sentence proposed for amendment in Section 5.09 should remain as "one through three" and not "one to three ". REQUEST FOR A GAMBLING LICENSE APPLICATION FROM EARLE BROWN P.T.A. There was a motion by Councilmember — L otka and seconded by ouncilmember Theis to approve the Class B gambling license for the Earle Brown P.T.A. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the waiver of the $10,000 fidelity bond for the Earle Brown P.T.A. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PUBLIC HEARING ON ANNUAL BUDGET AND FEDERAL REVENUE SHARING FUNDS The City Manager introduced the public hearing and noted that the Director of Finance would review the Budget and public hearing proceedings for the Council. Councilmember Hawes left the table at 9:57 p.m. The Director of Finance proceeded to review the proposed 1984 Budget and noted that the proposed Budget for 1984 totals $6,911,189. He added that the net operating budget of the City proposed for 1984 is $6,200,561, and that the capital outlay portion proposed for 1984 is $336,087. Councilmember Hawes returned to the table at 10:00 p.m. The Director of Finance pointed out for Council members that the debt retirement for 1984 for the City was $374,541. He then proceeded to review for Council members the proposed departmental appropriations, the estimated revenue for 1984, and the anticipated local government aids. The City Manager stated that the City was scheduled to receive $1,731,978 in local government aids which was calculated by the State from data which was three years old. He added that in its formula the State fell short by $3,500,000 and the secondary formula in the law resulted in a reduction for some communities in State aids and an increase for others. He pointed out that 93% of the cuts came to suburban areas. The Director of Finance reviewed for Council members the amount of federal revenue sharing funds proposed for expenditure in 1984 which totaled $297,787. He then reviewed the minutes of the federal revenue sharing proposed use hearing held on July 20, 1983, and also reviewed the Fiscal Assistance Act of 1972. He then reviewed the total revenue sharing entitlements for local governments under the Revenue Sharing Program, and the restrictions and qualification: regarding the use of funds by local governments. 'The Finance Director next reviewed the required hearings for federal revenue sharing, for City budget hearings, and also the City policy on the use of federal revenue sharing funds. He then reviewed the federal revenue sharing funds to be allocated to the City in 1984• 9- 12-83 -14- Councilmember Hawes left the table at 10:16 p.m. The Director of Finance reviewed for Council members the property tax levy proposed for the City in 1984. Councilmember Hawes returned to the table at 10:20 p.m. The Director of Finance reviewed the assessable valuation in the City of Brooklyn Center and reviewed the 1984 assessed value formula changes enacted by the legislature. He next reviewed the proposed mill rate for the City in 1984 and also reviewed the distribution of the total tax dollar in the City of Brooklyn Center of which the City's share is 16.5 %. The Director of Finance pointed out that, if the proposed Budget is adopted, the budget will result in a $9.69 increase in taxes on the average home in Brooklyn Center. The Director of Finance next reviewed the proposed budget tax impact on several assessed valuations of homes. He then reviewed the tax forgiveness feature of State Statute, and also reviewed major capital outlay items proposed for 19£4 along with other budget highlights. After the completion of the budget presentation by the Director of Finance, there was a motion by Councilmember hhotka and seconded by Councilmember Hawes to adjourn the Budget and Revenue Sharing Hearing to Monday, September 19, at 7:00 p.m. Voting in favor: Mayor Nyquist, Council-members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ADJOU OU ere was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Council-members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10:36 p.m. f Jerk Mayor i 9 -12 -83 -15-