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HomeMy WebLinkAbout1983 03-28 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNE PIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 28, 1983 CITY HALL CALL TO ORDER The BF;560yn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:08 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. OPEN FORUM Mayor Nyquist stated he had received several requests to use the Open Forum session this evening. The first request he recognized was from Mr. & Mrs. Dan Smith, 6264 Brooklyn Drive. Mr. Smith stated that he and his wife live along Shingle Creek and were directly involved with the recent drowning in the creek. He explained he had been given a circular distributed in his neighborhood which requested residents to attend the Council meeting. lie stated that he was here to comment on the solutions to improve the safety of the creek and the possible affects on the property owners, wild life, and fishing. He requested the Council to give consideration to the park, and what it is used for, in any action taken, with regard to the safety of the creek. He pointed out that if the creek is changed he requested the Council to give careful consideration to all the alternatives. Mrs. Smith stated that she would like to see signs cautioning people against deep water, and would also like to see people trained and equipped for drowning situations. She explained that the fire chief told her that the City had three people trained as divers but that two were out of town and one could not be reached, so as a result, Hennepin County had to be called. Mrs. Smith also added that she noted several metal pipes or stakes in the creek near the library which were sticking out of the water and could be a hazard to children in the creek. The City Manager stated that he believes the debris from the creek has been removed but he would follow up on the library location. He explained that the staff is doing a review of the water safety in the area, and as a part of that review, the staff has taken water depths at the pedestrian bridges located along Shingle Creek. The Director of Public Works proceeded to review the soundings taken along the creek, and noted that at the bridge located at the north end of the park the water was 3 1/2 feet deep with 2 1/2 to 3 feet of muck. At the center bridge the depth of the water was 8.3 feet deep with a solid bottom. At the third bridge along Shingle Creek in Central Park the water was 4 1/2 feet deep with another 4 1/2 feet of muck on the bottom. Mrs. Smith stated that she does not know where the 15 feet to 20 feet deep number came from on the notice that was distributed to people in her neighborhood but she stated 3 -28 -83 -1- she was informed by the rescue people that the depth of the creek was 10 feet She added that she believed it was best to educate children with regard to the danger of water, and also to provide signs along the creek warning of deep v, -.ter and thin ice. The City Manager explained that the construction design of the creek was 7 feet. He added that the bridges in the park are located at the sites of the best soil in the park, and that the staff is intending to conduct other soundings along the length of the creek. He added that because of the muck in the creek the deeper areas In the creek should tend to fill in as the flow of the creek caves in the deep spots. He pointed out that the construction improvements in the park were also designed to slope the creek banks to prevent drop offs. Mr. Smith added that he would like to make sure that any decision is well thought out by the City. Mayor Nyquist recognized Mr. & Mrs. Pavlak, 2800 63rd Avenue North. Mrs. Pavlak stated that she was the person who wrote the letter to the Post regarding the drowning incident. Mr. Pavlak stated that one person whom he talked to stated that the City has wet suits but they were being repaired at the time and also that another individual stated that the suits belonged to the volunteers. Mrs. Pavlak stated that she believes there is a state statute that says Hennepin County is to be involved in water related accidents as soon as possible. She added that the statute number is 387.03. She stated that it took 40 minutes for our people to call Hennepin County. She explained that the park improvements attend to attract people to the parks, and that after talking to Hennepin County she believes they are doing the best they can with their resources being spread so thin because of budget problems and cut backs. She explained that when Hennepin County arrived they found the little girl very quickly. She stated that she believes we need better rescue for water rescues now that we are improving the parks. Mrs. Pavlak noted that the cost of a wet suit and equipment similar to the equipment used by _Hennepin County would cost approximately $900, and that a six week diving certification course would be between "250 and $300 per person. She suggested that perhaps this training should be added and that rescue is needed for people who don't pay attention to signs and warnings. The City Manager explained that the staff is still trying to confirm the times involved in the drowning situation but that one diver arrived bef -or•e the main contingency of the Hennepin County team; however, he pointed out that this is preliminary information and he has yet to confirm it. He added that the staff is looking at a number of items and within two to three weeks a written report will be submitted to the Council concerning the situation and any recommend%t,Ions for the .future. He added that he plans to work with the head of North Memorial's emergency unit and he is awaiting his return from vacation. 1.layor iyquist recognized Mr. Tim Tigue, 5717 Brooklyn Bou'G_evard. Mr. Tigue stated that we all understand we need divers and equi p and asked how long do we have to wait. i.'he City Manager explained that there are other alternatives, such as a special drag to recover people, and also electronic locaters ased in conjunction with diving. Councilmember Lhotka stated that the City Manager has explained that a report will be submitted from the staff in three weeks with recommendations to the Council. Iie added that the decision will not take six months or a year but that the Conincil does want all the information before a decision is made. He added that he would not make a decision on only a part of the information. 3 -78 -83 -2- Mayor Nyquist recognized Mrs. Donna Zieska, 5455 Brooklyn Boulevard, who stated that she would like to speak on the subject of changing from the Robbinsdale School District to the Brooklyn Center School District. She pointed out that Brooklyn Center is on the east end of District 281 and that the City is cut up into four different school districts. She stated that she believes District 281 could afford to give their portion of Brooklyn Center to a Brooklyn Center district and that she would like to help with this. She inquired if there was any way to change this portion of District 281 to a Brooklyn Center School District. Mayor Nyquist stated that it would not be impossible and added that the issue has come up for discussion at the public /private partnership meetings held in conjunction with the Chamber of Commerce and other local organizations. Councilmember Lhotka stated that the issue has been discussed in past years but that he believes.it is a legislative issue. Mayor Nyquist commented that he believes the school boards could do as Mrs. Zieska is requesting. He inquired if the City Attorney could comment on this. The City Attorney explained that if the school board's can agree on how to accomplish the change they could do it but there are complicated issues, such as assessing debts, which must be addressed before the issue can be considered. Mrs. Zieska stated that Brooklyn Center is on the very edge of District 281 and that she believes the Brooklyn Center portion of the district is abused by being such a small portion of the district and added that she believes it should be in its own district. She requested the Council to recommend a course of action for accomplishing this. The City Manager stated that, as part of the City's Comprehensive Plan, the plan referred to the transportation costs related to the boundaries of the various school districts. He added that the Council's position has been that school districts should pursue the issue but noted that the City Council has no legal authority over the school districts, and that they are governed by the state legislature. Councilmember Hawes stated that he believes the issues raised by the speaker are being pursued by the Robbinsdale PAC group and other groups in District 281. Mayor Nyquist recognized Mrs. Karen Smith who inquired whether it would take three weeks for signs to be erected along Shingle Creek. The City Manager stated that signs could be installed but questioned how much good they would really do. He added that signs generally create a false sense of security and added that one problem is that smaller children cannot read. Mrs. Smith stated that she was surprised at the depth of the creek and that her neighbors, who have lived in the neighborhood longer than she, thought the creek was only 2 to 3 feet deep. Councilmember Theis suggested that contact be made with the divers in the volunteer fire department to make some arrangements for contacting them in emergencies. The City Manager explained that they do have pagers now but that it was an unusual situation where they were unavailable and not within the City limits. He added that there have been 8 drownings in Brooklyn Center in the past 20 years and that the drowning in Shingle Creek was an unusual situation. Councilmember Theis commented that the City of Bloomington, several years ago, reacted very quickly to a similar situation and fenced in its holding ponds. He 3 -28 -83 -3- added that children out through the fence and the fences proved inadequate. He added that he would want to assure that any action taken by the Council would not create a hazard as opposed to improving the situation. The City Manager stated that he would have a copy of the report to the Council available for Mr. & Mrs. Smith and Mr. & Mrs. Pavlak. CONSENT AGENDA Mayor N uist inquired whether Y Yq q Councl� member wished an items removed fromth an,Y y e Consent Agenda. Councilmember Lh -tk r r g o a requested items 6b and 7 be removed from the Consent Agenda. • RESOLUTIONS SOLUTION N0. 83 -54 Member ne oTEa'introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONTRACT 1Q83 --C (WELL NO. 3 RECONDITIONING PROJECT NO. 1983 --03) 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. i LICENSES hel�re was a motion by Councilmember Lhotka and seconded by Counci.lmember Scott to approve the following list of licenses: AMUSEMENT DEVICE LICENSE - OPERATOR K -Mart 5930 Earle Brown Dr. FOOD ESTABLISHMENT LICENSE American. Bakeries 4215 69th Ave N. Alano Society 4938 Brooklyn Blvd. Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Canteen Corporation 6400 Penn Ave. S. Medtroni.cs 6700 Shingle Cr. Pkwy. CEAP 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Cross of Glory Church 5929 Brooklyn Blvd. Earle Brown Elementary School 5900 Humboldt Ave. N. Garden City School 3501 65th Ave. N. Happy Dragon Restaurant 5532 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Northbrook Alliance Church 6240 Aldrich Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Num- Foods, Inc. 18420 Highpath In. Brookdale Snack Bar Brookdale Center 3 -28 -83 -4- t i a Orchard Lane School 6201 Noble Ave. N. J.C. Penney, Co. Brookdale Center Red Lobster 7235 Brooklyn Blvd. St. Alphonsus Church 7025 Halifax Ave. N. Sears- B'rookdale Center G Super America Service Stations 6545 W. River Rd. Super America Service Stations 1901 57th Ave. N. Willow Lane School 7020 Perry Ave. N. MECHANICAL SYSTEMS LICENSE Allied Metalcraft Co. 2300.Territorial Rd. Atkins Mechanical, Inc. 6550 W. River Rd. Centraire, Inc. 13025 Pioneer Trail Consolidated Plumbing & Heating 1530 E. Cliff Rd. Egan & Sons Co. 7100 Medicine Lake Rd. Gas "Supply, Inc. 2238 Edgewood Ave. S. Harris Mechanical Contracting 2300 Territorial Rd. Horwitz Mechanical, Inc. 5000 N. County Rd. 18 Noel's Heating & Air Cond. 6900 75th Ave. N. Pierce Refrigeration 1920 2nd Ave. S. Pump & Meter Service, Inc. 1800 2nd St. S. Rouse Mechanical, Inc. 11348 K -Tel Dr. Sheridan Sheet Metal Co. 4116 Quebec Ave. N. Superior Contractors, Inca 6121 42nd Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Beadles Market 6912 Brooklyn Blvd. Cass Screw Co. 4748 France Ave. N Country o Dai 4401 69th A N. Y Y Y e Keehn Brothers 3400 48th Ave. N. Snyder Brothers Brookdale Center Minnesota Fabrics 5712 Morgan Ave. N. PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Hoffman Engineering 6530 James Ave. N. RENTAL DWELLING LICENSE Renewal: Manferd Rasmusson & John Christensen 7040 Brooklyn Blvd. Roland Scherber 5248 France Ave. N. Tracy Rice 7037 Logan Ave. N. H. & Val J. Rothschild, Inc. 5300 -5322 Ponds Dr. 5301 -5315 Ponds Dr. 5319 -5333 Ponds Dr. 5401 -5423 Ponds Dr: 5427 -5441 Ponds Dr. Fred Beier 5300, 04 Vincent Ave. N. Catherine P. Shefeluk 3012 51st Ave. N. Young Ho Kang 1510 69th Ave. N. 3 -28 -83 -5- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON HOUSING DEVELOPMEiT PR OJECT Mayor Nyquist opened the meeting for the purpose of a Public Hearing Regarding the Designation of a Housing Development Project Pursuant to Minnesota Statutes, Section 462.411 et. seq., the Municipal Housing and Redevelopment Act, and the Establishment of Tax Increment Financing District Pursuant to Minnesota Statutes, Section 273.71 - to 273.78, Inclusive, the Tax Increment Financing Act. No one appeared to speak at the public hearing and Mayor Nyquist entertained a motion to continue the public hearing to the first regularly scheduled Council meeting in April. There was a motion by Council-member Scott and seconded by Gouncilmember Hawes to continue the public hearing to April 11, 1983. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a Resolution Authorizing the Finance Director to Issue Master Notes for Temporary Loan from the Investment Trust Fund to the Housing and Redevelopment Authority. He explained that the resolution provides for interim financing of the Brookwood Improvement Project Nos. 1983 -04 and 1983 -05 prior to the sale of bonds for the tax increment districts. Council-member Scott inquired what the length of the notes would be. The Director of Finance stated that the length of the note would depend on the bond market. The City Manager explained the note could be as long as two to three years. Councilmember Lhotka inquired what the total bonding cost would be. Administraive Assistant Hoffman stated that the exact dollar figure would not be knovm until the bids on the projects are received and that this should be approximately by the end of April of this year. RESOLUTION NO. 83-55 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ISSUE PIASTER NOTES FOR TEMPORARY LOAN FROM THE INVESTMENT TRUST FUND TO THE HOUSING REDEVELOPMENT AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, 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 for Contract 1983 -A (Diseased Shade Tree Removal Project No. 1983 -01). He explained the City Council rejected all bids at its February 28, 1983 meeting and authorized the rebidding of the contract. He explained that the low bid Of North Wood Company in the amount of $28 :996.50 is recommended for approval. Councilmember- Lhotka inquired what the low bid was on the last bid. The Assistant _ 3 -28 -83 -6- City Engineer stated that the bid of North Wood Company is within $1,000 from the low bid at the last bid opening. The Director of Public Works reviewed the references and recommendations received on the North Wood Company and explained that the company did a good job of public relations and communications with the cities they have ,done work for. RESOLUTION NO. 83 -56 Member Gene I,hot - ka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONTRACT 1983 -A (DISEASED SHADE TREE REMOVAL PROTECT N0. 1983 -01 ) 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 Amending the 1983 General Fund Budget to provide for improvement of the heating, ventilating, and air conditioning system for the Civic Center. The Director of Public Works reviewed the staff recommendations for improvements to the heating ventilation and air conditioning system at the Civic Center and explained that the recommendation was to replace the existing system with a heat exchange system. He proceeded to review the estimated cost for the improvements. He explained the recommendations cannot guarantee that all the problems will be solved and that additional work may be required, such as additional windows, and painting with a water proof paint. However, he pointed out, he does not think the painting or additional windows will be necessary but the recommendation contained in the resolution before the Council is to do what has to be done to install a good heating system in the Civic Center. He added that the additional work of adding windows and painting was relatively minimal when compared to the entire system. Councilmember Lhotka requested clarification regarding what exactly was to be done to the heating and ventilating system. The Director of Public Works explained that the heat wheel installed in the building when it was originally built was state of the art at the time the building was constructed. He explained that the heat wheel is now obsolete and the recommendation is to install heat exchange coils which are as efficient and less complicated to operate than the heat wheel. He explained the improvements to the system will attempt to recover heat and at the same time remove moisture from the heat when it is returned to the system. Councilmember Lhotka inquired whether the pay back for the system would be two years. The Director of Public Works explained that this was correct and that also of the 3 Methods considered, Method 3 was less expensive than 1 or 2. He. added that the pay back for Method 1 is three to four years, the pay back for Method 2 is five to six years, and the pay back for Method 3 is two years. 3- -28 -83 -7- Discussion continued among Council members regarding the staff recommendations for the heating, ventilating, and' air conditioning improvements. The Director of Public Works explained that, under the proposed system, the moisture would be removed from the air in the pool area, and together with additional heated air, this air would be returned to the system. He explained the humidity will be exhausted to the outside but only after the heat has been extracted for use from the moist air. Councilmember Lhotka inquired whether this technique was being used in other pools in the metropolitan area. The Director of Public Works explained that the consultant has explained that the system is the current state of the art with regard to heating and ventilating but that he has not checked with other pools in the area. The City Manager explained that most pools that he was familiar with operated under Method l as contained in the Director of Public Work's memo. Councilmember Hawes pointed out an error in the resolution noting that the $17,751 in the resolution should actually be $15,751• RESOLUTION NO. 83 -57 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1983 GOAL FUND BUDGET 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 declared duly passed and adopted. RESOLUTION NO. 83 -58 Member Bili Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREII FOR PROFESSIONAL, SERVICES WITH OFTEDAHL, LOCKS, BROADSTON AND ASSOCIATES, INC. FOR DESIGN OF HATING, VENTILATING, AND AIR CONDITIONING IMPROVEMENTS FOR THE CIVIC CENTER 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 declared duly passed and adopted. RESOLUTION NO. 83 -59 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR FURNISHIT LOADING AND DELIVERY OF STABILIZED GRAVEL AND FIT3E AGGREGATE FOR SEAL COAT MATERIALS: FURNISHING, LOADING AND DELIVERY OF PLANT -MIXED BITUMINOUS MIXTURES: FURNISHING BITUMINOUS MATERIALS Ai%D DIRECTING ADVERTIS FOR BIDS 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 followin g voted against the same:. none, whereupon said resolution was declared duly passed and adopted. - i 3 -28 -83 -8- APPROVAL OF CONTRACT WITH FUNK ANIMAL HOSPITAL FOR ANIMAL IMPOU11DMENT The City gEiager intro uced -fie next Egen a item en3 ex—p winea that t e staff is recommending approval of the agreement with the Funk Animal Hospital for animal impoundment in conjunction with the City's in-house program of animal control. Councilmember Lhotka requested an explanation for item No. 8 on page 2 of the contract. The City Manager explained that the emergency after hours services are for such things as assistance with wounded animals which may be needed after the normal working hours of the hospital. Councilmember Lhotka then inquired with regard to item No. 3 whether the owner would be contacted that their animal is being City Manager impounded. The explained the owner would be contacted if they can be ag ex p reached and the City will also check back again before the animal is destroyed y There was a.motion by Councilmember Lhotka and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into an agreement with the Funk Animal Hospital for the impoundment and boarding of animals as required by City ordinance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REV= BOND PROPOSAL FOR BYERLY�S . The City Manager explained that the public hearing for the IDR was originally opened at the February 14, 1983 City Council meeting and continued to the first meeting in March. He recommended that the Council open the public hearing and defer the hearing to the second regularly scheduled Council meeting in July. Mayor Nyquist opened the meeting for the purpose of a Public Hearing on an Industrial Development Revenue Bond Proposal for Byerly's. No one appeared to speak at the public hearing and he entertained a motion to continue the public hearing to the regularly scheduled Council meeting of July 25, 1983. There was a motion by Councilmember Theis and seconded by Council - member Hawes to continue the Public Hearing on an Industrial Development Revenue Bond Proposal for Byerly's until the July 25, 1983 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:26 p.m. and reconvened at 8:40 p.m. PLANNING COMMISSION APPLICATION NOS. 83007 AND 83008 SUBMITTED BY DEVRIES BUILDERS, I NC. F R SITE AND BUILDING PLAN AND PRELIMINARY PLAT APPROVAL FOR THE 4TH ADDIT — ION MF THE FEE BROWN FARP ESTATES, LOCATED N XES PLACE NORTH, SOUTH OF FREEWAY BOULEVARD The Dire ctor of Planning & Inspection presented and reviewed for Council members pages 3 through 5 of the. March 17, 1983 Planning Commission minutes and also the Planning Commission information sheets prepared for Application Nos. 83007 and 83008. He proceeded to review the location of the project and explained that the project is a continuation of a plan submitted to the Council in June of 1981 which showed approximately 100 townhouse units for the completed project. The Director. of Planning & Inspection reviewed for Council members the preliminary plat submitted with the application and explained that the site plan remains unchanged from the original plan for the entire complex. He noted that the Planning 3- 28-83 -9- Commission held a public hearing on the site plan and that the Planning Commission recommended approval of Application No. 83007 subject to eight conditions which he reviewed for Council members, The Director of Planning & Inspection explained that the Planning Commission recommended approval of Application No. 83008 subject to four conditions which he reviewed for Council members. The Director. of Public Works explained that the developer has submitted all items for final lat approval and all .conditions for final plat a . P Pp P approval have been met Councilmember Theis stated that he was concerned with the completion of the sodding in the north portion of the project and added that, in his observation, it appears that the 4 ' to 6' berms appear rather low and are lower than he pictured them to be originally. He requested that the height of the berms be checked and also inquired whether additional landscaping could be provided on the berms. He added that he is generally happy with the project and the way it is proceeding, and also pointed out that he is pleased that the amount of debris from the project has been kept down. There was a motion by Councilmember Ihotka and seconded by Councilmember Theis to approve Application No. 83007 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 and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of the approved site improvements for the 4th Addition prior to the issuance of building permits. 4• Any outside trash disposal facilities shall be appropriately screened from view. 5. All common parking and driving areas shall be surrounded by B612 curb and gutter as shown on the approved drainage and grading plans. 6. Plan approval acknowledges a master.plan for all phases of the Earle Brown Farm Estates townhouse project. However, each additional phase is subject to preliminary plat approval and site and building plan approval by the Planning Commission and City Council. 7. The developers shall take adequate measures to control dust and debris during construction. A viable turf shall be established and maintained in those areas subject to future development. 8. The Fourth Addition of the Earle Brown Farm Estates shall be included in the single Homeowners' Association for the entire development. 3 -28 -83 -10- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83008. He 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 Lhotka and seconded by Councilmember Hawes to close the public hearing on Application No. 83008. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 83008 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 Fourth Addition shall be governed by the same Homeowners Association and bylaws as in effect for the previous phases of the Earle Brown Farm Estates. 4. All easements necessary for construction and maintenance of a public walkway within the subdivision shall be granted by the owner /developer in conjunction with the platting of the property. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL - EARLE BROWN FARM ESTATES There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the final plat for the 4th Addition, of the Earle Brown Farm Estates. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 83009 SUBMITTED BY MARTIN DRIMillTNE FOR AMENDMENT TO THE SPECIAL USE PERMIT TO OPERATE A TIDY CAR BUSINESS FROM THE RESIDENCE AT 5632 J0ES AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the March 17, 1 983 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 83009. He explained the original special use permit was issued on April 26, .1982. He proceeded to review the location of the special use permit and explained that the applicant has requested three amendments to the permit issued on April 26, 1982. He proceeded to review the amendments requested by the applicant and explained that the Planning Commission recommended approval of Application No. 83009 subject to ten conditions which he reviewed for Council members. The Director of Planning & Inspection explained a public hearing on the application is required and that proper notices of hearing had been sent. 3- -28 -83 -11- Councilmember Hawes stated that he had serious misgivings about the use as a home occupation, and that with the great increase in the number of cars requested by the applicant it appears that the applicant could have several cars on the property at onetime. Mr. Drinkwine replied that he only has a certain amount of time to work on the cars and that he could only service one car per evening. He added that most of his business involves the pickup of the car and delivery back to the owner. He added that he does not think Councilmember Hawes' concern will be a problem. Mr. Jose Dingler, sales manager for the Tidy Car business, explained that it takes 3 to 4 hrs. to do one car. Mr. Drinkwine and Councilmember Hawes continued to discuss the proposed changes in the special use permit and Councilmember Hawes' concern that 4 to 5 cars could be on the premises at any one time. Mr. Drinkwine explained that generally he can plan appointments but that there is nothing he could do this evening to prove that Councilmember Hawes' concern would not occur. However, he did add that he is concerned and does want to maintain the integrity of the neighborhood. Councilmember Hawes stated that he does not doubt Mr. Drinkwine's concern or integrity but his concern was that a demand by customers may create problems in the future. Councilmember Hawes commented that, in his estimation, allowing 25 to 30 cars per month changes the character of the business so that it no longer could be designated as a home occupation. I Mayor Nyquist suggested that the words "in the garage" be deleted from item No. 3 in the conditions of approval recommended by the Planning Commission. Councilmember Hawes stated that it was his concern that three or more cars could be on the premises at any one time. Mr. Drinkwine stated that he could understand Councilmember Hawes' concern but that he believed it would be foolish for him to have that many cars on the premises because he could not give the customers the proper service. Councilmember Hawes stated that he did not want to defer Mr. Drinkwine Is business but he expressed concerned for the neighborhood, and the potential for many cars coming into Mr. Drinkwine's business on a daily basis. The City Attorney commented that if the Council's concern is that no more than one car be allowed on the premises this could be added to the condition by stating that "no more than one customer car shall be allowed on the premises at any one time". Councilmember Ihotka stated that he has a concern with extending the number of cars to 25 cars, He pointed out that he has no problem with the type of business Mr. Drinkwine is pursuing but is concerned about the residents in the area and that he believes 25 cars per month a considerable number. Councilmember Theis commented that he believes 10 cars per month exceeds the limits of a home occupation with regard to nonresidential activity. Mr. Drinkwine stated that he has been observing the volume of his business growing and that he is currently looking at a commercial site. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83009• He inquired if there waas 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. 3 -28 -83 -12- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 83009. Councilmember Hawes suggested that the fourth line of the 3rd condition recommended by the Planning Commission be changed to state that "at no time will more than one customer car be allowed on the premises ". Councilmember Lhotka inquired whether one car permitted on the premises is too restrictive or could there be two customer cars. Councilmember Theis asked Mr. Drinkwine how many cars could be parked in his driveway. Mr. Drinkwine explained that four cars could be parked in his driveway. Councilmember Hawes suggested that an additional item, item No. 11 be added to the Planning Commission conditions of approval, and which would state that "the owner must be on the premises at all times during the operation ". There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 83009 subject to the conditions recommended by the Planning Commission with the stipulation that item No. 3 of the Planning Commission conditions be amended to include the statement that "at no time will more than one customer car be allowed on the premises ", and that an additional item No. 11 be added to the conditions to state that the owner must be on the premises at all times during the operation. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to amend Councilmember Hawes' motion for approval of Application No. 83009 to limit the number of cars per month to ten. In discussion of Councilmember Lhotka's motion, Councilmember Theis stated, that he was concerned that putting a specific number on the operation will make it difficult to administer. Mr. Drink stated that he would be less than honest if he did not tell the Council that he can't live with the amendment and requested that the number of cars be increased to 18. Councilmember I,hotka then inquired whether the applicant could provide a reason for raising the number to 18. Mr. Drinkwine replied that ten cars would not be enough to support a commercial shop which he is looking at now. Councilmember Lhotka stated that home occupations are secondary to the residential use of the location and a person's normal job. He added that he does not think a home occupation should be a lead -in to full time employment. Mayor Nyquist inquired whether Councilmember Lhotka and the applicant would accept 15 cars as a number. Councilmember Lhotka agreed to accept 15 cars and Councilmember Theis, as seconder of Councilmember LhotkaI s motion, agreed to accept 15 as a number. Upon a vote being taken on Councilmember Lhotka's- amendment to Councilmember Hawes' motion approving Application No. 83009 the following voted in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis. Votingagainst: Councilmember Hawes. The motion passed. Mayor Nyquist called for a vote on the motion made by Councilmember Hawes, and amended by Councilmember Lhotka, approving Application No 83009 with the following conditions: 3 -28 -83 -13- 1 . The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. Service shall be on an appointment only basis between 4:00 p.m. and 9:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Friday and Saturday. However, at no time will there be more than one customer car allowed on the premises and the number of customer cars in any single month shall "not excel 15 cars. 4. All parking shall be off - street on improved space provided by the applicant. 5. Services to automobiles or other powered vehicles is limited to washing and application of appearance maintenance products of Tidy Car, Inc. Other repairs are expressly prohibited. 6. The permit is subject to completion of any work required by the Building Official. 7. Noise, odor, and vibration shall not be perceptible beyond the premises to the degree that a nuisance is created. 8. Application of the Tidy Car sealant or any other chemicals or materials, shall be performed only inside the garage of the residence at 5632 James Avenue North. 9. All combustible chemicals and materials used in the application process shall be appropriately stored as approved by the Fire Chief. 10. Special Use Permit approval acknowledges the employment on the premises of one nonresident during the hours specified in Condition No. 3. 11. The owner must be on the premises at all times when work is being performed on customer cars. Voting in favor: mayor Nyquist, Councilmembers Lhotka, Scott, and Theis. Voting against: Councilmember Hawes. The motion passed. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the C1 Zoning District. He explained the property addressed in the ordinance is the Northport Clinic property and the property located southwest of the intersection of Xerxes and Shingle Creek Parkway. He explained the ordinance was first read on February 28, 1983, published on March 10, 1983 and is recommended for a second reading this evening. ORDINANCE PTO. 83-4 Member Celia Scott introduced the following ordinance and moved its adoption: 3 -28 -83 -14- AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS BEING WITHIN THE C1 ZONING DISTRICT The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, 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 An Ordinance Vacating Drainage and Utility Easements along the Easterly and Westerly Lot Lines of hot 5, Block 1, Earle Brown 1st Addition. He explained that, at the request of the owner, the staff has approached the various utility companies to determine the need to maintain easements along the side lot line of the property. Finding none, he pointed out the staff recommends vacation of the easements, and the ordinance presented to the Council this evening is for first reading. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Drainage and Utility Easements' along the Easterly and Westerly Lot Lines of Lot 5, Block 1, Earle Brown 1st Addition. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. D ISCUSSION ITEMS UPDATE ON CABLE TELEVISION The City Manager reviewed the current status of cable television construction in Brooklyn Center and explained that, according to the franchise agreement, one /half of the City was supposed to be serviced by cable at this point. However, he pointed out the City is only 20/ complete, although cable has been strung throughout most of the City. He added that by midsummer most of the overhead work should be completed, and by the end of November, service to all communities in the Northwest Suburbs Cable Communications Commission area is supposed to be activated He explained the company has not met their half year deadline and reviewed some of the problems, including the inability of the company to obtain title to one of the HUB sites, due to the death of the property owner before the transaction could be completed He pointed out that this problem was not the fault of the cable company but that problems related to coordination of their work schedules and their inability to meet their time schedules were the responsibility of the company. He added that the company has stated that they can meet the 22 month goal and that the Northwest Suburbs Cable Communications has taken this under consideration with regard to their decision on issuing penalties to the cable operator. He explained that the Commission will make a decision at its next meeting. Councilmember Theis stated that he is now hooked up to the cable and that he is happy with the programming but that there is a problem with the wiring running from the pole to his house in that it runs across the middle of his yard. He pointed out that he believed the cable installer demonstrated very poor public relations when he discussed the situation with him. He added that he did get a good response from the Storer people and that he is now awaiting their correction of the wiring problem. STATUS OF CRYSTAL AIRPORT fide My` a alter exp a ped that he has received calls from people regarding the airport expansion. He pointed out that some work has been done on the hangars in the airport but that it has been an expansion of storage space only with no thought to expanding runways. 3 -28 -83 -15- i Councilmember Hawes commented that the building going on in the airport is in the Brooklyn Park area and that it was approved several months ago. He explained that landings at the airport are actually dropping off but that no plans are currently underway for the elimination of the airport. He explained that the Tri City Commission has not been active due to the illness of its chairman. He explained the Commission has received information from the Metropolitan Airport's Commission of a general nature with regard to airports and aviation activities. I The City Manager noted that in Crystal's guide plan he believes the airport is recommended to be phased out in the future. The Director of Planning& Inspection explained that there was a joint resolution passed between the City of Crystal and Brooklyn Center regarding the phase out of the Crystal airport. Councilmember Theis inquired whether there was anything being done to improve the safety of the Crystal airport. Councilmember Hawes stated that the Metropolitan Airport's Commission or the Crystal airport cannot prevent pilots from taking off from the airport, and that the recent crashes at the airport were due to pilot error and occurred in situations where pilots should not have taken off originally. PHASEOUT OF ALARM BOARD The City Manager explained that the City Council, years ago, authorized a central. alarm system which was operated out of the police dispatch room. He added that private services are now available for alarms, and that the City system is getting old and a decision must be made whether to continue in the business or phase it out. He added that if it is decided that service should be continued considerable upgrading of the equipment would be necessary. The Director of Planning & Inspection stated that two services are offered now by the City, one is a fire alarm, and the other a security alarm. He explained that the annual renewal of the alarm contracts comes up May 15, and that the staff is recommending a phaseout over the next six months after the renewal. The City Manager explained that the City would have to reinvest in a remodeled alarm 'el if the City were to st in the alarm business. He e that the City i� Y Y P Y originally got involved in the business because nothing else was available to businesses but that since that time private business has made available many options in the area of alarm services. The Director of Planning & Inspection stated that, if the Council concurs with the staff recommendation, the staff will send out letters regarding the phaseout over the six month period He pointed out that the phaseout could be extended if certain businesses have problems with the phaseout time line. Councilmember Lhotka requested the staff to comment on the revenue and cost of the system. The Director of Planning & Inspection stated that the revenue from the system essentially covers the service cost of the system. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to accept the staff recommendation to phaseout the fire and security alarm board currently maintained by the City over a six month period beginning May 15, 1983. 3- 28 -83 -16- ADJOURN aTT ere was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers hhotka, Scott, Hawes, and Theis. Voting against: none.` The motion passed unanimously. The Brooklyn Center City Council adjourned at 10 :20 p.m. ._... \� _ r ,- Cl Mayor 7Z 3 -28 -83 -17-