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HomeMy WebLinkAbout1983 07-11 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BRO01=1 CENTER IN THE COUNTY OF H TJNTPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 11, 1983 CITY HALL CALL TO ORDER The Broo �lyyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p:m. ROLL CALL ya.' or-ean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, Mr. Jim Thompson, representing the City Attorney's office, and Administrative Assistant Tom Bublitz.. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM I ayor <yquist 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 AC-E DA ayor T-,yquist inquired whether any Council members had any agenda items they wi shed removed from the Consent Agenda. Councilmember Theis requested item 8j be removed, and Councilmember Lhotka requested items 8f and 8g be removed from the Consent Agenda. APPROV OF M INUTES — JUNE 27, 1983 There iZi a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of June 27, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,_Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. F INAL PLAT - EA= BROWN FARM ESTATES FIFTH ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the final plat of Earle Brown Farm Estates Fifth Addition (Planning Commission Application No. 83025) subject to the following conditions: 1. Receipt and approval of Homeowners' Association Annexation Documents by the City Attorney. 2. Receipt of certification that all taxes currently due on the property to be subdivided have been paid in full. Voting in favor: M.-Tor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Toting against: none. The motion passed unanimous]-y- 7-11-83 _1' RFSOLUTIONS FSt L Ji' NO: 83 -92 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFOMVED UNDER CONTRACT 1982 -D (CENTRAL PARK WATER MAIN IMPROV PROJECT NO. 1982 -05 AND KYLAW14 PARK WATER MAIN IMPROVEMENT PROJECT NQ. 1982 -06) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereof, the following voted in favor thereof: Dean Nyquist, Gene Ihotka, 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 -93 Member r - mil -awes troduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORATED UNDER CONTRACT 1982 -H (69TH -70TH AVENUE STREET, SANITARY SEDER, AND WATER MAIN 71PROVET PROJECT NOS. 1982 -09, 1982 -10, 1982-11, AND EVERGREEN SOCCER FIELD U- 1 1 PROVEAIENT PROJECT NO. 1982-16) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereof, 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 -94 Member Bill introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORATED IMDER CONTRACT 1982 -N (LIFT STATION NO. 3 IMPROVED ENT PROJECT NO. 1982-26) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereof,, 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 -95 Member Bill`_TEwes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -D ( 63RD AVENUE NORTH WATER ATAIN IMPROV -EdENT PROJECT NO. 1 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereof, 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 N0. 83 -96 Member .ill w es introduced the following resolution and moved its adoption: 7 -11 -83 -2- RESOLUTION PROVIDING FOR HEARING ON • PROPOSED ASSESS111FNTS ON AUGUST 8, 1983 The motion for the adoption of the foregoing resolution was duly seconded by member Celia. Scott, and upon vote being taken thereof, 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. RE SOLUTION NO. 83 -97 Member Trill hawes introduced the following resolution and moved its adoption: RESOLUTION TO ACCEPT PROPOSALS FOR TWO ELECTRONIC CASH REGISTERS AND TO AMEND THE 1983 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution - v,ras duly seconded by member Celia Scott, and upon vote being taken thereof, the following voted in favor thereof: Dean E'yquist, 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 -98 Member Bill 7a introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE 01' 112. HARPY BRADFORD The motion for the adoption of the foregoing resolution was duly seconded by member Celia. Scott, and upon vote being taken thereof, the following voted in favor thereof: Dean.Nyquist, Gene Ihotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENS here was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brookdale Plitt Theater 2501 County Rd. 10 Budgetel Motel 6415 James Circle Denny's Inc. 3901 Lakebreeze Ave. N. Earle Brown Bowl 6440 James Circle Farrell's 5524 Brooklyn Blvd. Ground Round 2545 County Rd. 10 Holiday Inn 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Meriw6ther'_s 2101 Freeway Blvd. Show Biz Pizza 5959 John Martin Dr. AMUSEMENT DEVICE - VENDOR Century-Corporation 2910 W. Montrose Ave. Dahlco Music 119 State St. National Amusement Co. 3925 Louisiana Circle 7-- 11-83 -3- FOOD ESTABLISHMENT LICENSE , Munch Box Snack Service 6840 -20 Shingle Cr. Pkwy. GARBAGE AND REFUSE VEHICLE LICENSE -Browning- Ferris industries of MN 9813 Flying Cloud Dr. Hilger Transfer Co. 8550 Zachary In. Midwest Grease Buyers, Inc. P.O. Box 2222 Shobe & Sons 3621 85th Ave. N. Art Willman & Son 62 26th Ave. N. Woodlake Sanitary Service .4000 Hamel Rd. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycees 2106 55th Ave. N. Palmer Lake Park Evergreen Park Central Park MECHANICAL SYSTEMS LICENSE Burnomatic Company 206 1st St. N. Prestige Heating & Air Cond. 7800 Main St. N.E. SIGN HANGER'S LICENSE Scenic Sign Corp. Box 881, st. Cloud TEMPORARY BEER LICENSE Brooklyn Center Jaycees 2106 55th Ave. N. Central Park Evergreen Park Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced a Resolution Accepting Bid for Swimming Pool Ventilation Revisions in Civic Center HVAC. .System (Project 1983-07). The Director of Public Works recommended the low bid of Rouse Mechanical, Inc., in the amount of $15,840 be accepted. He noted that there would be a deduction of 1 .850 in the quote, if the cutting and patching work was done by other than the contractor - Councilmember hhotka expressed a concern with the items left out of the bid by the consulting engineer. The Director of Public Works commented that this project was the first time the City has worked with this particular firm, and that normally, the work is conducted through an engineer or architect with the mechanical engineer providing only consulting on the mechanical aspects of the project. He explained that the first estimate prepared by the consultant was for mechanical work only, and that the best explanation could offer, with regard to Councilmember Lhotka's concern, was that there was a problem with communication between the consulting engineer and the•City engineer's office. 7 -11 -83 -4- Councilmember Theis inquired whether the wore comprehended by the deletion of the $850 in the 'quote would still have to be completed. The Director of Public Works stated that the work would still have to be done and that some of the work could be done with City personnel. He the specifications stated that the cutting and patching work should not be bid. He pointed out that the contractor submitting the low bid was aware of the $15,000 limit for invitations for informal quotations. RESOLUTION NO. 83 -99 em er�ene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR SWIMMING POOL VENTILATION REVISIONS IN CIVIC CENTER HVAC SYSTEM (PROJECT 1983 --07) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereof, 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. Councilmember Theis stated that the Council's displeasure with the work of the consultant should be relayed to the consultant. The City Manager introduced -a Resolution Establishing Park Shelter Improvement Project No. 1983 -10, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1983 -I). Councilmember Lhotka °expressed a concern regarding the expenditure of $7,000 for architectural fees for the types of renovations and remodelings contained in the resolution. The City Manager explained that because of the cut backs in full time staff, and the lack.of specific expertise in the architectural areas, the staff was recommending the use of a consultant for the preparation of plans and specifications and also for contract administration. The Director of Public Works pointed out that the consultant's fee includes, not only the design and specification work, but also construction supervision. Councilmember Theis inquired how the architect would be paid and whether it was a percentage of the total contract. The Director of Public Works explained that the consultant's fee was a flat fee for design work, and then a fee per hour for contract supervision. Councilmember Theis stated that he would like to see the contract between the City and the architect for this project. The Director of Public Works stated that the bid date specified in. the resolution should be changed to August 11, and the bid award date to August 22, RESOLUTION NO. 83-100 'iem er —Homes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARK SHELTER IMPROME!ENT PROJECT NO. 1983 -10, APPROVING PLANS AND SPE, C IFI CATIONS, AND DIRECTING ADVERTISIIIZIT FOR BIDS (CONTRACT 1983 -I) The mot? -on for the adoption of the foregoing resolution was duly seconded by member 7 -11 -83 -5- Rich Theis, and upon vote being taken thereof, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes and Rich Theis; and- the following voted against the same:• Gene Lhotka; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83=101 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING MUNICIPAL SERVICE GARAGE SITE IMPROVEMENT PROJECT NO. 1982 -28, PHASE III (COMPLETION OF STORAGE YARD AND LANDSCAPING IMPROVEMENTS), APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS. (CONTRACT 1983-J) 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 Designating the City Manager as Signatory for Peace Officer Standards and Training Board Training Reimbursement Funds. He explained that state statute requires a Council resolution which would authorize" and designate a City representative to sign for reimbursement funds received from the POST Board. He noted the funds are obtained from the 10% surtax on traffic fines, 90% of which goes to municipalities for police training. Councilmember Theis requested the City Manager to explain some of the background information on the program. The City Manager stated that he had testified against the legislation in the Senate and House Committees. He pointed out that the POST Board approves all training for police departments in the State. He explained the League of Minnesota Cities opposed the 10o surcharge because of the possible tendency of judges to reduce fines because of the 10% surtax. He added that there is no proof that this will happen but only experience with the surtax will tell. Council-member Theis then inquired as to the cost of inservice training for police officers. The City Manager explained that any training done with existing police department staff is considered inservice training. He also reviewed the municipal budget for police department training. RESOLUTION NO. 83 -102 Member Gene— ,hotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING BROOiUjYN CENTER CITY'MANAGER AS SIGNATORY FOR PEACE OFFICER STAIIDARDS AND TRAINING BOARD TRAINING REIMBURSEPUNT FUNDS 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. PINING COT11ISSION ITEPfS �iayo yquist noted that it was 7:30 p.m., the appointed time for consideration of the Planning Commission items. The Director of Planning &Inspection noted that 7 -11 -83 -6- the applicant for the first three Planning Commission items had not yet arrived. Because the applicant was not present, Mayor I;yquist proceeded to the next Planning Commission item. RLATITIITIG COTilIISSION APPLICATION N0. 83031 �'%JR iITTE'D BY BROOYDAhE CAR WASH FOR SITE AND BUILDING PLATI �3.?EU=USE PMIIT TO EXPAND TEE - CAR - WASH T755M_ B OTJUjEVAP,D The Director of Plannin & Inspection presented and reviewed for Councilmembers pages 7 and 8 of the June 30, 1983 Planning Commission meeting minutes, and also the Planning Commission information sheet prepared. for Application No. 83031 The Director of Planning & Inspect ion proceeded to review the applicant's request and location of the subject parcel. He explained a car wash is a special use in the C2 zone. He then reviewed the site plan showing the proposed addition to the car wash, and also reviewed the roposed modifications to the curb delineators in order to adjust the traffic flow ' nto the stacking area and into the entrance to the car wash at the south end of th building. The Director of P1 ing & Inspection stated that the Planning Commission recommended approval of Application-No. 83031, after a public hearing at its June 30, 1983 meeting, subject to six conditions which he reviewed for Councilmembers. He explained the applicant requested a waiver of Condition No. 3 of the Planning Commission's conditions, in light of the applicant's past performance, and since the proposal does not include any landscaping. The Planning Director stated that, he would have no problem waiving this condition, based on the past performance at the car wash. The Director of Planning & Inspection stated that the required notices of this evening's hearing had been sent and that the applicant was present this evening. Councilmember Hawes inquired what the cost of the bond would be to comply with Condition No. 3. The Director of Planning & Inspection stated the amount of work comprehended by the bond would amount to between $1 , 000 and $1,500, and that generally, the applicant would post cash for such a small amount. At the request of Councilmember Ihotka, the Director of Planning & Inspection presented and reviewed the building elevations for Council members. Councilmember I,hotka inquired what would happen if something in the application would go wrong and the bond is waived. The Director of Planning & Inspection explained, that if the applicant fails to perform, he would be cited for violation of the zoning ordinance, and because of the nature of the modifications, he would not be able to drive out of the car wash entrance and exit 'since the bond covers curb and Batter construction. Councilmember hhotka inquired of Mr. Thompson,.representing the City Attorney's office, if he had any problem with waiving the condition. Mr. Thompson replied that he had no problems with waiving Condition No. 3. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83031. 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 Hawes and seconded by. Councilmember Lhotka to 7 -11 -83 -7- close the public hearing on Planning Commission Application No 83031. Voting in favor: Mayor Nyquist, Counci3members'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. 83031, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits.. 3. 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. 4. 8612 curb and gutter shall be provided around all parking and driving areas. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COItTMISSION APPLICATION NO. 83018 SUBMITTED BY HOWE, INC. FOR A VARIANCE FROM SECTION 35 -700 OF THE CITY ZONING ORDIRANCE TO 7I1, 7 A 5 FOOT WIM GREEivSTRIP AD JACENT T c K d B t— N= FOR PAFTING PURP-'E PLANNING C ISSION APPLICATION NO. 8-5026 ITTED BY HOWE, INC. FOR SITE PLAN AP PROVAL TO v = 7- Ai I 7= 0 = M = XERXES AVEIV'UE NORTH NEAR THE INTERS1771 N OF 49TH AVFIv TAE NORTH AND BROOKLYN BOULEVARD. PLANNITU Z`OT 2IS SION APPLICATION N0. 83027 SUBMITTED BY HOWE, INC. FOR PRELIMINARY AT APPROVAL TO COIJIBINE INTO ONE PARCEL Th EXISTING HOWE SITE AND A PARCEL OF LAND AND BR BOULEVARD. The irk ector of Planning & Inspection presented and reviewed for Council members pages 9 and 10 of the June 30, 1983 Planning Commission meeting minutes, and also the Planning Commission information sheets prepared for Application Nos. 83018, 83026, and 83027. The Planning Director reviewed the appeal matter previously before the City Council regarding the use of the highway department property, by the .applicant, for parking purposes. He reviewed the agreement between the City and the applicant regarding this matter . He noted the agreement has been executed by the City and Howe, Inc., but has not yet been filed, because it has been held up by a legal description which Howe, Inc. is to receive from the highway department. i 7 -11 -83 -8- The Director of Planning Fr Inspection reviewed the location of the subject parcel, and also a site plan of the subject parcel comprehending the variance contained in Application No:- 83018. He noted that if the variance is not approved several parking stalls would have to be eliminated in the proposed area. The Planning Director pointed out that the Planning Commission recommended approval of Application No. 83018, subject to the condition that a preliminary plat and site plan agreeing with the proposed variance be submitted. The Planning Director reviewed the site plan submitted with'Application No. 83026. He explained that the Planning Commission recommended approval of Application No. 83026 at its June 30, 1983 meeting, subject to six conditions which he reviewed for Council members. He also noted the Planning Commission recommended approval of Planning Commission Application.No. 83027 at its June 30, 1983 meeting, subject to three conditions which he reviewed for Council members. He added that Condition No-3 be striken from the conditions since no easements exist. e The Planning Director noted the Punning Commission held the required public hearing on the applications, and that notices of this evening's required public hearings had been sent, and that the applicant is present this evening. Councilmember Ihotka recalled the discussion regarding the consideration that the . use of the property does not constitute an expansion of the manufacturing operation. The Director of Planning noted that the stipulation in the agreement between the City and Howe, Inc. covers this, and that Mr. Bill Howe and the City Manager have S 4 ed the agreement. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83018. 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 83018. Voting in favor: Mayor Nyquist, Council-members I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember hhotka to approve Planning Commission Application No. 83018 the grounds that the standards for a variance are met. Voting in favor:. Idayor Nyquist, Council-members I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 83626, subject to the following conditions: 1. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) prior to final plat approval. 2. Underground irrigation sh8.11 be provided in all landscaped areas within the project. 7- -11 -83 -9- 3. B612 curb and gutter shall be provided around the 14 parking spaces proposed on the plan. 4. A 5' high privacy fence shall be deemed adequate screening if placed atop the 3' berm to provide the required 8' of screening. The plan shall be modified to indicate such a 5' high opaque fence, 5. Plan approval is subject to the provisions of the stipulation agreement entered into by Howe, Inc., and the City in resolution of Application No. 83001. 6. 14 employee parking spaces west of the middle building (granted by variance) will be discontinued for use pursuant to the above stated agreement, and will be used exclusively for buffer setback area in accordance with the zoning ordinance,.and for access purposes pursuant to previously granted City Council approval. 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. 83027. 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 Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 83027. ' Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 83027, subject to the following conditions: 1. The final plat is subject to review and approval by the City ',ngineer 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmeinbers Lhotka, Scott, Hawes, and ''_Theis. Voting against: none. The motion pas-sed unanimously. Mayor Nyquist recognized Mr. Leo Hanson who thanked the Council for all their efforts over the last several years with regard to Howe, Inc. and the surrounding neighborhood. Y PLANNING COT''111ISSION APPLICATION T?O. 8 3028 SU 7 BY YZTTUCYY FRIED CHICK11T FOR ffl - 17 " T T- DIJIDDING PLAN A1T_7PI USE FI vIlT AP' OVAL T �T7IFFT.T A DRTTT;7F _rte,! , , Q= BR50K:LY1 71 • r The Directoo of ?Nanning &:Inspection presented and reviewed for Council members 7 -11 -83 -10- i pages 2 and 3 of the June 30, 1983 Planning Commission meeting minutes, and also the Planning Commission information sheet prepared for Application No. 83028. He then proceeded to review the location of the subject parcel and the zoning of the area, and pointed out that convenience food restaurants in a C2 zone are special uses. He then reviewed the site plan submitted by the applicant, the proposed modifications to the entrances at the site, and also the proposed landscaping. The Director of Planning &.Inspection noted the Planning Commission recommended approval. of Application No. 83028, subject to seven conditions which he reviewed for Council members. He pointed out Condition No. E requiring a landscape plan and schedule had already been met by the applicant. He stated the Planning Commission held a public hearing on Application No. 83028 at its June 30, 1983 meeting. He stated that the required notices for the public hearing this evening had been sent, and a'representative of the applicant was present this evening. Councilmember Scott commented that the cars leaving the drive -up window would have to cross the traffic lane of on- coming traffic. The Director of Planning & Inspection stated that this would be true, but that the entrance is 24' wide and that cars at the drive -up window have good °visibility of the area, and that this should be no problem. The Council discussed the vehicular and pedestrian traffic circulation on the subject parcel. Councilmember Theis suggested moving the pedestrian crossing east from its present planned location so the cars in the drive -up lane would not block it. Mayor Nyquist opened the meeting for.the purpose of a public hearing on Planning Commission Application No. 83028 and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized the representative of the applicant who stated that the restaurant only waits on one customer at a time, and that cars will be either at the menu board or the window. He noted that other fast food restaurants take three or four '.orders concurrently, but that Kentucky Fried Chicken only waits on one customer at a time.. He explained the vehicle on the drawing immediately behind the car at the drive -up window is not a reflection of how Kentucky Fried Chicken waits on customers, and that the second car is really a misrepresentation. 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 83028. -Voting in favor: Mayor Nyquist, Councilmembers hhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 83028, 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. 7-11 -83 -11- L 2. A site performance agreement and supporting financial guarantee (in an 2nount to be determined'by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved- site improvements. 3. Any* outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4• Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 5. B612 curb and gutter shall be provided around all parking and driving areas. 6. Underground irrigation shall be provided in all landscaped areas. 7. A directional sign indicating pedestrian crosswalks shall be installed in the median south of the building and west of the crosswalk indicating that the crosswalk must not be blocked to pedestrians. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING. COMMISSION APPLICATION NO. 83030 SUBMITTED BY BRUTGFR COMPANIES, INC. FOR it -i = - A V 1D TO 37 T M= LOTS AND ONE C71 `� A OT '� ARC F SAND �1r 1V�i A T 0 X 15 IVT` �t�E bR i I�`LI A� DRIVE. -- The City Manager explained the applicant is returning to the traditional approach with regard to subdividing the property for townhouse lots, and has chosen not to condominiumize the townhouse portion of the development. The Director of Planning & Inspection noted the plat submitted is noncontroversial and that the Council could waive the requirement that the applicant be present, if the Council. wishes. There was a consensus among Council members to waive the requirement that the applicant for Planning Commission Application No. 83030 be present. The Director of Planning & Inspection reviewed the application and location of the subject parcel for Council members. He proceeded to review the site plan of the proposed senior housing project. The Di rector of Pl aiming & Inspection reviewed for Council members page 6 of the June 30, 1983 Planning Commission meeting minutes, and also the Planning Commission information sheet prepared for Application No. 83030. The Director of Planning noted the Planning Commission held a public hearing on the application on June 30, 1 983, and no one appeared to oppose the project. He added the Planning Commission recommended approval of the - application, subject to three conditions which he reviewed for Council members. He noted the applicant is proposing to begin construction on the project before the plat is filed, and that the find site plan- will be based on an as; -built survey.- 7 -11 -$3 -12- Mayor Nyquist opened the meeting for the, purpose of a public hearing on Planning Commission- Application, No. 83030, and inquired if there was anyone present who wished to speak the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There Vra.s a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No 83030. Voting in favor: Mayor Nyquist, Councilmembers I,hotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.. There was a motion by Councilmember hhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 83030, subject to the following conditions: 1. The final plat is subject to review and approval by the City Fngineer. . 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The Homeowners' Association documents shall be submitted to the City Attorney for review and approval prior to final plat approval Voting in favor: Mayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AIRPORT ZONING BOARD Councilmember Scott questioned why she was appointed to the Airport Zoning Board since she was under_ the impression that Councilmember Hawes expressed an interest in this area. The Director of "Planning & Inspection pointed out that there are two organizations dealing with the airport, one being, the Airport Zoning Board and the other being, a Tri -City group organized to review and study the Crystal Airport. Councilmember Theis stated that he would be willing o be involved in the Airport g P Zoning Board, if Councilmember Hawes did not want to become a member. Councilmember Scott suggested that Councilmember Theis could serve as the alternate to the Zoning Board, since Councilmember Hawes was already involved with the Tri- City organization. There was a motion by Councilmember Scott and seconded by Councilmember I,hotka to appoint Councilmember Hawes to the Crystal Airport Zoning Board, and to appoint Councilmember Theis as the alternate to the Crystal Airport Zoning Board. Voting in favor. Mayor Nyquist, Councilmembers hhotka Scott Hawes and Theis. Voting against: none. The motion passed unanimously. . DISCUSSION OF WATER PROBIRIS IN 6300 TO 6500 BLOCKS OF ORCHARD AND UNITY AVENUES. Councilmember hhotka noted he had received a call from a resident regarding water problems in the 6300 to 6500 blocks of Orchard and Unity Avenues. The Director of Public Works stated that staff was aware of this problem and that this is an area where rusty water has been coming through the pipes. He added that nothing the staff is looking at various options but at this point has found othz g that the staff feels comfortable with to solve the problem. 7 -11 -83 -13- Councilmember Lhotka inquired whether the pipe was installed erroneously. The Director of Public Works explained that the pipe in this area was the only water main available after World War II,'and that there are no records in the project files regarding how much of this type of pipe there ie in the City. Councilmember Lhotka then asked how long the problem has been going on. The Director of Public Works replied that he was aware of the problem for the past five years, but it is estimated that the problem has been experienced in'the area for the last 15 to 20 years. The City Manager explained the problem appears to be scattered since some homes have the problem and some don't. He added that the staff has worked with Mr. Al Weyrauch regarding several attempts to solve the problem, including flushing the pipes, and super chlorinating the pipes. At first, he explained the staff thought it might be an individual problem but it has become apparent that it is an area wide problem. He explained the staff has considered several alternatives to the problem, including internally lining the pipe, replacing the pipes, and chemical treatment of the water at the well site. The Director of Public Works explained that, even if the water lines are replaced in one area, this would not guarantee the problem would be solved, since the problem could still migrate in from other areas. He, explained that past actions in the area to deal with the problem, included flushing, and super chlorination. He explained the super chlorination apparently did the job for a short time but the problem came - back. He added that the alternative which appears to have the best possibility, presently, is treating the water at the well site. Councilmember Lhotka stated that he would like to be kept informed and updated on the situation. The Director of Public Works stated that the staff would be coming to the Council with a report on the situation within the next 30 to 60 days. Councilmember Lhotka commented that the period of 5 to 15 years during which the problem has occurred is a considerable amount of time. The Director of Public Works stated that he cannot speak what went on before but the present staff has spent a considerable amount of time on the problem. The City Manager commented that the staff wants to assure that any solution that. is undertaken will actually work to solve the problem. Councilmember Lhotka stated that he is concerned that the person that he spoke with felt the answer he was getting was that "something is being done," but that was the extent. The Director of Public Works asked Councilmember Lhotka, that if the name of the person could be relayed to the staff, he could follow up on the situation. LIONS PARK TENNIS COLTRTS Councilmember Hawes inquired if there were any problems with regard to the construction of the Lions Park Tennis Courts. The Director of Public Works commented that the contractor hired to do the surfacing feels that the subgrade is not adequate for his requirements. He added that the staff maintains that the specifications indicated the existing conditions of the site and that the contractors protests are not warranted. Councilmember Hawes then inquired whether Twin City Testing has confirmed the contractor's belief with regard to the site. The Director of Public Works stated that there has been no testing of area done by Twin City Testing to his knowledge. He added that, the staff sug the hiring of a consultant, but as of last Friday afternoon the contractor had not done this. ADJOURN ZEIvT ere was a motion by Councilmember Hawes and seconded. by Councilmember Scott to 7 -11 -83 -14- adjourn the meeting. Voting in favor: Ia}ror Nyauist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:59 p•m. AM f. k 14ayor 7 -11 -83 -15-