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HomeMy WebLinkAbout1982 04-26 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF j HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 26, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 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. INVOCATION The invocation was offered by Councilmember Celia Scott. OPEN FO RUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if an of the Council members desired an items removed from q y y the consent agenda. Councilmember Lhotka requested that items 7, 10c, and 10f be removed from the consent agenda. The City Manager noted that item 11, Declaration of Surplus Property, should also be deleted from the agenda:. He explained that there are still items to be added to the surplus property list and that he recommended the item be deferred to the next Council meeting. APPROVAL OF MINUTES - APRIL 12, 1982 An error was noted on page 5 of the April 12, 1982 minutes. Page 5 of the minutes shows Councilmember Hawes named twice on the vote on Resolution No. 82 -57. Council- member Hawes should be shown as voting no on the resolution, and Councilmember Lhotka should be shown as voting yes on Resolution No. 82 -57. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of April 12, 1982 as corrected. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SUBDIVISION BOND RELEASE There was a motion by Councilmember Scott and seconded by'Councilmember Hawes to approve the release of the subdivision deposit for Clinch Valley Addition (69th , Avenue and T.H. 252), in the amount of $1,500. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:. none. The motion passed unanimously. 4 -26 -82 -1- APPOINTMENT TO COMMUNITY ACCESS CORPORATION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint Dr. Duane Orn, as Brooklyn Center's representative, to the Community Access Corporation of the Northwest Suburbs Cable Communications Commission. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO.. 82 -59 Member Celia.Scott introduced the following"resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT ESTABLISHING 69TH AVENUE - 70TH AVENUE STREET IMPROVEMENT PROJECT NO. 1982 -09, SANITARY SEWER IMPROVEMENT PROJECT NO. 1982 -10, WATER MAIN IMPROVEMENT PROJECT NO. 1982 -11 AND PROVIDING FOR PUBLIC HEARING ON PROPOSED IMPROVEMENT PROJECTS NOS. 1982 -09, 1982 -10, AND 1982 -11 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,Biil Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -60 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF 1/4 TON PICKUP TRUCK 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. FINAL PLAT - RED LOBSTER ADDITION The Assistant City Engineer reviewed a transparency of the final plat submitted for the Red Lobster Addition (Planning Commission Application No. 82010), and noted that the cross access agreements, allowing access to the private roadway in Lot 2 of the Piccadilly Pond Addition, have been negotiated with C.E.A.P. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the final plat of the Red Lobster Addition (Planning Commission Application No. 82010), subject to the following conditions: 1. The applicant must submit the required restrictive covenants listed under items 3, 5, 10, and 12 of the preliminary plat to the City staff for approval._ 2. The applicant shall provide a financial guarantee under item 7 of the preliminary plat approval, and the driveway access as comprehended under item 6 in the preliminary plat approval. 3. All conditions must be met prior to release of the plat for filing at the County. 4 -26 -82 -2- R ESOLUTIONS (CONTINUED) RESOLUTION NO. 82 -61 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY ENGINEER TO PETITION THE COMMISSIO14ER OF ' TRANSPORTATION FOR THE APPROVAL OF ADVANCE ENCUMBRANCE OF MUNICIPAL STATE AID STREET CONSTRUCTION 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. RESOLUTION NO. 82 -62 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER.CONTRACT 1980 -N (SHINGLE CREEK TRAILWAY IMPROVEMENT PROJECT NO. 1978 -42, CIVIC CENTER ACCESS IMPROVEMENT - NO. 1980 -04, PARK IMPROVEMENT PROJECTS NOS. 1980 -09, 1980 -22 AND 1980 -23) 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. In discussion of the next agenda item, A Resolution Accepting Work Performed Under Engineering Services Agreement with Merila & Associates, Inc. on Contract 1980 -N, the Director of Public Works reviewed his memorandum submitted to the City Manager regarding final payment for Engineering Services Agreement with Merila & Associates, Inc. on Contract 1980 -N. He noted that the original estimate for the project was $21,200 and that the total amount for the completed services was $42,625.97. The Director of Public Works explained that the contractor's delays on the project resulted in a substantial part of the cost increases, but that the contractor's bid was $50,000 lower than the next lowest bid primarily because the cont ~actor was able to work the project in the manner he did, in conjunction with the I -94 project, for which he was also the contractor. The Director of Public Works noted that it must be recognized that the additional engineering costs are small compared to the contract cost savings which the City benefited from. Councilmember Theis inquired whether this type of problem could be prevented in future drafting of specifications. The Director of Public Works indicated that Mr. Merila suggested a working day deadline be specified in future contracts rather than a specific date. For example, he noted that 150 days could be specified for a particular contract rather than a specific completion date. He added that there are merits and problems to both procedures.. RESOLUTION NO. 82 -63 Member Celia Scott introduced the following resolution and moved its adoption: 4 -26 -82 -3- RESOLUTION ACCEPTING WORK PERFORMED UNDER ENGINEERING SERVICES AGREEMENT 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. RESOLUTION NO. 82 -64 Member Bill Hawes introduced the following resolution and moved its adoption RESOLUTION DECLARING CERTAIN CITY - OWNED PROPERTY AS SURPLUS, AUTHORIZING ITS RECONVEYANCE TO THE STATE OF MINNESOTA, AND APPROVING ITS CLASSIFICATION AS .NONCONSERVATION LAND 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 aaainst the same: none, whereupon said resolution was declared duly passed and adopted. In discussion of the next agenda item, A Resolution Granting Final Approval to an Industrial Development Revenue Bond Proposal from shingle Creek Development Company, the City Manager explained that, as the staff reviewed the plans for the project, there was a problem noted with the flood plain regulations. He added that the problem was discovered between the time the project was granted preliminary approval and the proposed final approval this evening. The Director of Planning & Inspection noted that the problems, with regard to flood plain regulations, occur in the parking lot elevations and are related to the required elevation of the parking lot above Shingle Creek.. Because of these questions, the Director of Planning & Inspection recommended that the resolution be tabled for two weeks until the problems can be resolved. The Director of Planning & Inspection noted that Mr. Al Beisner, a representative of the applicant, is present this evening and requested that he comment on the tabling action. Mr. Beisner indicated that he would not have a problem with the tabling of the resolution for two weeks. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table the Resolution Relating to a One Million Dollar Commercial Development Revenue Note (Shingle Creek Development Company Project); Authorizing The Issuance Thereof Pursuant to Minnesota Statutes, Chapter 474, to the next City Council meeting on May 10, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The motion was adopted with the concurrence of the applicant. RESOLUTION NO. 82 -65 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PRESCRIBING VOTING PRECINCTS FOR THE CITY OF BROOKLYN CENTER 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. 4 -26 -82 -4 RESOLUTION NO. 82 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR FINE AGGREGATE FOR SEAL COAT 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. RESOLUTION NO. 82 - Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR PLANT -MIXED BITUMINOUS MIXTURES 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. 82 -68 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MATERIALS 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. In discussion of the next agenda item, A Resolution Amending the 1982 General Fund Budget, the City Manager stated that the staff is proposing to replace manpower with data processing equipment and thereby reduce operating costs for the City. eouncilmember Lhotka inquired how long the City was planning to experiment with this procedure. The City Manager replied that, by September of this year, the staff should know whether or not the replacement of personnel with data processing equipment in the Assessing Department will be successful. He noted that this will be determined prior to approval of the 1983 Budget. RESOLUTION NO. 82 -69 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET 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. Q -26 -82 -5 RESOLUTION NO. 82 -70 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF TRANSFER OF FUNDS AGREEMENT 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 Nvquist, 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. In review of the next agenda item, A Resolution Acknowledging Gift, the City Manager noted that Silas and Edith Peller, 6900 Willow Lane North in Brooklyn Center,,gave $200 to the City in appreciation for the efforts of the City's Fire Department in responding to a fire at their house last September. Councilmember Lhotka stated that he would like to add his thanks to the Fire Department and that the note from Mr. & Mrs. Feller was very nice to hear. He added that the Fire Department should be commended and he also thanked the Pellers' for taking the time to express their thanks. RESOLUTION NO. 82 -71 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT 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. ORDINANCES The City Manager introduced an Ordinance Amending Chapter 23 of the City Ordinances Regulating and Licensing Amusement Devices and an Ordinance Amending Chapter 35 of the City Ordinances Regarding Amusement Centers. He noted that these ordinance amendments were developed out of experiences with game centers in Brooklyn Center, such as the ones which were located in Humboldt Square Shopping Center. The Director of Planning & Inspection explained that these ordinance amendments are designed to provide regulation and control over the location and use of amusement devices, so that their use does not become a public nuisance and have an adverse effect on surrounding property. He added that problems relating to these games have been experienced in a number of places, but particularly, in two specific instances, at the Humboldt Square Shopping Center. In both situations, he pointed out, the City Council was considering revocation of the special use permits of the establishments for failure to comply with the provisions of the permit, and that in both instances both operations were abandoned in prior to such revocation. He explained that the City staff has been advised by the City Attorney that a system of licensing amusement devices, and their operation is a more reasonable method of control rather than the use of special use permits solely. 4 -26 -82 -6- The Director of Planning & Inspection proceeded to review the proposed ordinance amendments, including the recommended fees in conjunction with vendors, operators and an investigative fee. He also reviewed a survey of the fees charged for amusement devices by other cities in the metropolitan area. ` Councilmember Hawes commented that in a recent newspaper article it was noted that the revenue from these types of machines can be quite high. He also stated that he does not think the $75 per machine fee is too high. Councilmember Hawes then inquired whether the investigative fee, proposed in conjunction with the ordinance amendment, is a one time payment. The Director of Planning & Inspection replied that the investigative fee would be primarily used to do background investigations of owners. He noted that the owners change from time to time and that additional investigative fees may be necessary as the operations are turned over. Mayor Nyquist noted that, in light of the Planning Commission items scheduled for 8:00 p.m., he would request that further discussion of the ordinance amendments be deferred until later in the meeting. - I RECESS The Brooklyn Center City Council recessed at 8:10 p.m. and reconvened at 8:25 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82017 SUBMITTED BY ROBERT ADELMANN FOR A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW FOR A 46' HIGH, 204 SQ. FT. FREE STANDING SIGN IN PLACE OF THE SIGN CURRENTLY AT ORDINANCE MAXIMUM OF 24' IN HEIGHT AND 90 SQ. FT. AT 6501 HUMBOLDT AVENUE NORTH. Mayor Nyquist noted that the applicant has requested that consideration of his application'be laid over until the next Council meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table for two weeks, at the applicant's request, Planning Commission Application No. 82017. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 82008 SUBMITTED BY BERGSTROM "REALTY TO REZON FROM C2 TO R3 LAND WITHIN THE 1300 BLOCK ON THE SOUTH SIDE OF 69TH AVENUE. PLANNING COMMISSION APPLICATION NO. 82016 SUBMITTED BY KEN BERGSTROM FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LAND IN THE 1300 BLOCK ON THE SOUTH SIDE OF 69TH INTO 28 TOWNHOUSE LOTS, ONE COMMON AREA, AND 6 OUTLOTS. The Director of Planning & Inspection reviewed for Council members the location of the subject parcel, and noted that the application was first considered by the Planning Commission at its February 12, 1982 meeting. He explained that the application was tabled on the 12th and referred to the Northeast Neighborhood Advisory Group, and on March 12, 1982 the application received favorable action from the advisory group. He noted that the Neighborhood Advisory Group recommended replatting and owner occupied townhouses. He noted that there were certain conflicts existing with the application in regard to the comprehensive plan, and that rezoning, plus an amendment to the comprehensive plan and is required for the application. The Director of Planning & Inspection stated that the Planning Commission, at its', 4 -26 -82 -7- a April 15, 1982 meeting, adopted A Resolution Amending Council Resolution No. 66 -295 (Comprehensive Plan) relative to commercial zoned land in southeast quadrant of ' 69th and Humboldt Avenue North, and also A Resolution Regarding the Disposition ` of Application No. 82008 Submitted by Bergstrom Realty Company. The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the April 15, 1982 Planning Commission minutes, and also the. Planning Commission information sheet prepared for Applications 82008 and 82016. He noted that the Planning Commission recommended approval of Application No. 82016, subject to five conditions which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application f No. 82008 and Application No. 82016. 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 Application No. 82008 and Application No. 82016. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -72 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING COUNCIL RESOLUTION NO. 66 -295, (COMPREHENSIVE PLAN) RELATIVE TO COMMERCIAL ZONED LAND IN SOUTHEAST QUADRANT OF 69TH AND HUMBOLDT AVENUES NORTH 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. RESOLUTION NO. 82 -73 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF APPLICATION NO. 82008 SUBMITTED BY BERGSTROM REALTY COMPANY 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. There was a motion by Councilmember Scott and seconded by Councilmember Hawes -to approve Application No. 82016, 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 requirements of Chapter 15 of the City Ordinances. 3. Homeowner's association documents shall be subject to review and approval . by the City Attorney prior to final plat approval. 4 -26 -82 ..8- 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. The plat must be given final approval by the City Council and filed at the County prior to the issuance of building permits. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 82014 SUBMITTED By MCDONALD'S FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN ORDER STATION, DRIVE -UP LANE AND WINDOW AT THE MCDONALD'S RESTAURANT AT 5525 XERXES AVENUE NORTH. The Director of Planning & Inspection reviewed for Council members the location of the subject parcel, and he also reviewed a transparency showing the layout of the s order station and pick -up window. The Director of Planning & Inspection presented and reviewed for Council members pages 3 through 4 of the April 15, 1982 Planning Commission minutes, and also the Planning Commission information sheet prepared for Application No. 82014. He explained that the Planning Commission recommended approval of the application, subject to five conditions which he reviewed for Council members. In discussion of the application Councilmember Hawes suggested that, perhaps on the south edge of the parking lot at McDonald's, the parking could be changed to angle parking, so that customers would be inclined to stay in that area and not exit at the wrong location. He explained that if the parking is maintained at 90 degrees people could more easily back out and possibly exit at the west entrance. The Director of Planning & Inspection noted that the entrance off Xerxes would be an entrance and exit, and that a "do not enter" sign will be placed at the west end of the parking lot. He explained that angle parking would make this configuration more difficult. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Application No. 82014, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. B612 curb and gutter shall be provided around all parking and driving areas. S. The Special Use Permit is issued to McDonald's and is subject to all codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 6. The one -way by -pass lane west of the drive -up lane shall be signed as such 4 -26 -82 -9- CORRECTION OF APRIL 26, 1982 MINUTES: at both its entrance and exit points. Parallel parking stalls shall be signed for employee parking. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis. Voting against: Councilmember Hawes. The motion passed. PLANNING COMMISSION` APPLICATION NO. 82018 SUBMITTED BY BLUMENTALS ARCHITECTURE, SUMMIT.MORTGAGE COMPANY FOR SITE AND BUILDING PLAN APPROVAL TO REMODEL THE BARN AND HIPPODROME ON THE EARLE BROWN FARM FOR USE AS A TV STUDIO. PLANNING COMMISSION APPLICATION NO. 82021 SUBMITTED BY SUMMIT. MORTGAGE COMPANY FOR A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW TWO RECEPTION ANTENNAE TO BE PLACED WITHIN THE FRONT SETBACK AT 61 E ARLE BROWN DRIVE. The Director of Planning & Inspection reviewed a transparency of the subject parcel' and noted that the land is zoned I -1, and is also designated as a historic preservation area on action of the City Council. He noted that the applicant is proposing the Channel 29 studio and transmitting studios in the converted barn and hippodrome. The Director of Planning & Inspection presented and reviewed for Council members pages 6 through 10 of the April 15, 1982 Planning Commission minutes, and also the Planning Commission information sheet prepared for Application No. 82018 and 82021.. He explained that the Planning Commission recommended approval of Application No. 82018, subject to ten conditions which he reviewed for Council members. He stated that the Planning Commission recommended approval of Application No. 82021, subject to four conditions which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82021. He inquired if there was anyone present who wished to speak at the pub1J 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 Application No. 82021. Voting in favor: Mayor Nyquist, Councilmdmbers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. In discussion of Application No. 82021, Councilmember Lhotka inquired of the City Attorney whether there would be any problem with granting the variance in regard to setting a precedent in this situation. The City Attorney stated that he does not believe the granting of the variance will set a precedent since the property is already zoned in a unique fashion. He pointed out that the granting of the variance may be different if the area was in a residential neighborhood. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Application No. 82018, 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. s 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 4 -26 -82 -10- 3. A site performance and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permints to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. S. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas, including the area of shared access with the building to the north (current Summit Bank) . r' ~~ 9. The preliminary R.L.S. approved under Application No. 81035 shall receive final approval by the City Council and be filed with the County prior to the issuance of building permits for the conversion of the barn and hippodrome. 10. Improvements to the Summit Bank property approved under Application No. 78002, but deferred until plans were accepted for the barn and hippodrome shall be completed prior to October 1, 1982 in conjunction with the improvements required by approval of this application. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, 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 Application No. 82021 on the following grounds: 1. The circumstances surrounding the application are unique, involving an existing historic structure which cannot readily be moved without damage to its structural and historical integrity. 2. Failure to grant the variance would cause either an undue hardship for the applicant or (by placing the receiving dishes in the mall area) would seriously disturb the character of the historic district established under Application No. 81041. 3. The circumstances affecting the application were not created by the applicant, but arise because of the requirements of the Zoning Ordinance, which were adopted after the farm buildings were erected. 4. Proposed placement of the receiving dishes minimizes the - variance and the impact on surrounding development. 4 -26 -82 -11- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 82019 SUBMITTED BY MARTIN DRINKWINE FOR SPECIAL USE PERMIT TO CONDUCT A TIDY CAR OPERATION IN THE GARAGE OF THE RESIDENCE AT 5632 JAMES AVENUE NORTH. The Director of_Planning & Inspection presented and reviewed for Council members pages 10 through 12 of the April 15, 1982 Planning Commission minutes, and also the Planning. Commission information sheet prepared for Application No. 82019. He pointed out that after holding a public hearing, at its April 15, 1982 meeting, the Planning Commission recommended approval of Application No. subject to— seven conditions.which he reviewed for Council members. Councilmember Hawes inquired whether the operation proposed in the application was conducted inside or outside. The Director of Planning & Inspection commented that the work is conducted both inside and outside. Councilmember Lhotka inquired what types of products are used in the Tidy Car operation. The applicant, Mr. Martin Drinkwine, replied that the chemicals used in the Tidy Car operation are designed by Tidy Car out of Canada. He noted that they include resins and silicones to produce a sealant on the car. Councilmember Lhotka then inquired whether there were any strong odors or dust related to the operation. The applicant replied that there were no strong odors but that there was some dust from the car when the car was buffed. Councilmember Lhotka then inquired whether the chemicals used in the operation were flamable. The applicant replied that he did not know whether the chemicals were flamable. Councilmember Lhotka stated that if the chemicals were flamable he would recommend that they be properly stored. The applicant replied that all the chemicals used in the operation are stored under lock and key, and because of the heat from the sun the process is done entirely within the garage except the washing of cars. Councilmember Theis inquired whether the applicant would oppose any stipulation added to the conditions of approval which would require the work be done inside the garage. The applicant stated that he would not have any problem with this except for the washing of the cars. Councilmember Theis stated that he would recommend adding to the conditions of approval that the application of the chemicals to the car shall be done only inside the garage. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application -No, $2019. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak at the public hearing. Mayor Nyquist did note that the Council had received a letter from Mrs. Walter Tuttle, 5627, James Avenue North, in opposition to the application. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Application No. 82019. 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 Theis to approve Application No. 82019, subject to the following conditions: 1 .j 1. The permit is issued to the applicant as operator of the facility and is nontransferable. d 5 4 -26 -82 -12- 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, the special use permit authorizes work on not more than 10 cars per month. 4. All parking shall be off - street on improved space provided by the applicant. 5. Service to automobiles or other power vehicles is limited to washing and application of the Tidy Car sealant; 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. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES (CONTINUED) In discussion of an Ordinance Amending Chapter 23 of the City Ordinances Regulating and Licensing Amusement Devices, Mayor Nyquist recognized Mr. Norman Pink, representing the Association of Amusement Operators of Minnesota. Mr. Pink stated that he supports the ordinance and noted that it is, in his opinion, a very fine ordinance. However, he stated that he would like to recommend some minor changes to the ordinance amendment. He pointed out that in Section 23 -2103, paragraph 7 states that a copy of the lease agreement is required. He pointed out that lease agreements may contain certain confidential information that would become public record if it were provided to the City and would be made available to the competition. He suggested that this require went be deleted from the ordinance and substituted with language that would require a "short form" lease agreement. He also noted that information which he has obtained indicates that the fee of $75 proposed for each machine is more than twice the average fee in the metro area. He explained that the metro area average, according to his information, is $34.90. He added that he obtained this information from the City of West St. Paul. .Mr. Pink also stated that he believes the investigative fee of $100 should not be necessary in light of the vendors fee of $150. Mayor Nyquist recognized Mr. Tom Schlueter, operator of Farrell's Ice Cream Parlor Mr. Schlueter stated that he believed the $75 per machine is too high and that some machines do well and others do not, emphasizing that only certain machines are used all the time and that others are "filler pieces ". He stated that he believes the $75 fee proposed in the ordinance is high for the number of inspections required. 4 -26 -82 -13- Councilmember Lhotka stated that, in light of the suggestions with regard to the amendment concerning the lease agreements, and the fact that the City Attorney has to obtain the information from the Vendors Association attorney, perhaps the `consideration of the ordinance should be tabled until the next Council meeting. The City Attorney stated that the proposed change is a very minor one, and that if the language change is received from the Vendors Association attorney the ordinance amendment could be offered as a first reading this evening. The Director of Planning & Inspection commented that the inspection fee is not the only cost related to the licensing of the machines. He stated that the reviewing. of applications and the normal processing of the license applications is also a cost. He also noted that machines tend to turnover quite often during the course of the year and that this fee would account for that turnover. Councilmember Hawes commented that he does not think the $75 per machine feeds out of line. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regulating and Licensing Amusement Devices with the stipulation that Section 23 -2103, paragraph 7, be amended to change the requirements for the submission of lease information as per the recommendation of the representative of Association of Amusement Operators of Minnesota. 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 Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Amusement Centers. Voting in favor: Mayor Nyquist, Councilmembers Lhotka- Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Attorney left the table at 10:05 p.m. DISCUSSION ITEMS VOLUNTEERISM IN BROOKLYN CENTER The City Manager introduced the first discussion item and noted that several documents had been forwarded to City Council members, from Mayor Nyquist, regarding citizen volunteerism. Mayor Nyquist commented that the City Council's role in the past has been one to encourage and recognize volunteers in service to the City. He inquired of the Council whether there were any comments or suggestions regarding the promotion or recognition of volunteerism in the City. The City Manager commented that it may 'be useful to survey other cities in the area with regard to how they encourage, make use of, and recognize citizen volunteers. Discussion continued among Council members regarding volunteerism and Mayor Nyquist concluded the discussion by noting that any thoughts or suggestions the Council may have with regard to volunteerism in the City should be forwarded to the City Manager. CONSIDERATION OF SPECIFIED LICENSES - ON -SALE NONINTOXICATING LIQUOR LICENSE FOR SHOWBIZ PIZZA RESTAURANT, 5939 JOHN MARTIN DRIVE The City Manager stated that the staff is recommending conditional approval of the liquor license which, if approved this evening, would become effective Tuesday, April 27, 1982 with the condition that the staff make a final report to the Council upon a mutual resolution of the matter or by August 1, 1982, whichever comes first. I 4 -26 -82 -14- Gauncilmember Lhotka commented that there appear to be more and more items approved conditionally and that he has a concern with this. He stated that he does not like conditional approval of items, especially on liquor licenses and particularly since this situation was due to the applicant's own negligence. The City Manager stated that, essentially the license is satisfactory but that the selection of a manager has been the problem. He added that sometimes communications break down in an organization opening a new business. Councilmember Lhotka agreed that communications sometime break down, but if the City staff called the applicant several times and notified them, which they had done, he believes that the license should have been taken care of. The City Manager stated that it seems that the City is getting a number of these types of problems where we did not in the past. He added that perhaps the- City - staff could implement a system to make the procedure more workable and apparent to applicants. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table consideration of the on -sale nonintoxicating liquor license for ShowBiz Pizza Restaurant, 5939 John Martin Drive, until the matter of the selection of a satisfactory manager is resolved and to deny conditional approval of the liquor license application. Voting in favor: Councilmembers Lhotka, and Hawes. Voting against: Mayor Nyquist, Councilmembers Scott, and Theis. The motion failed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to conditionally approve the on -sale nonintoxicating liquor license at ShowBiz Pizza Restaurant, 5939 John Martin Drive, effective Tuesday, April 27, 1982 and for the staff to make a final report to the Council regarding the background investigation of the manager for the restaurant when completed or by August 1, 1982, whichever occurs first. Voting in favor: Mayor Nyquist, Councilmembers Scott, Theis, and Hawes. Voting against:.' Councilmember Lhotka. The motion passed. GAMBLING LICENSES - NORTHPORT PTA APPLICATION CLASS A GAMBLING LICENSE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve a Class A gambling license for the Northport PTA. 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 Scott to ,t- waive the $10,000 fidelity bond for the Northport PTA gambling license. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott, and seconded by Councilmember Lhotka to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Kentucky Fried Chicken 5512 Brooklyn Blvd.. MECHANICAL SYSTEMS LICENSE Atkins Mechanical, Inca 6550 W. River Rd. Axel Newman Heating & Plumbing 1608 Como Ave. W. Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd. Dependable Heating & Air Cond. 2615 Coon Rapids Blvd. LSV Metals, Inc. 6800 Shingle Cr. Pkwy. Rainbow Mechanical 7241 County Rd. 116 4 -26 -82 -15- MOTORS VEHICLE DEALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. North Star Dodge 6740 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE Evergreen Park Elementary 7020 Dupont Ave. N. a ` RENTAL DWELLING LICENSE - Initial: Bob Dale 6612 Dupont Ave. N. Duane R. Lussier 6927 Dupont Ave. N. Paul Wilson & Brian Anderson 5100 Drew Ave. N. Larry Karkela 5455 Emerson Ave N. Michael R. Eberle 4207 Lakeside Ave. #226 Jeff & Patti Stewart 5547 Lyndale Ave. N. Sherry A. Ronallo 819 -821 55th Ave. N. J. J. Barnett 2910 -22 68th Lane Renewal: Bennie Rozman Brookdale Ten Apartments Jerry Hall 3815 Oak Street Robert W. Johnson 6800 Toledo Ave. N. Gerald R. Broman 3601 47th Ave. N. Kenneth E. Patterson 3616 50th Ave. N. Kenneth Ready Jr. 1019 73rd Ave. N. SIGN HANGERS LICENSE LeRoy Signs, Inc. 6325 Welcome Ave. N. Midway Sign Company 444 N. Prior Ave. SWIMMING POOL LICENSE Indoor: Beach Apartments 4201 Lakeside Ave. N. Chippewa Park Apartments 6507 Camden Ave. N. Twin -Lake North Apartments 4536 58th Ave. N. Outdoor: Beach Apartments 4201 Lakeside Ave. N. Hi Crest Apartments 1300 67th Ave. N. Evergreen Park Apartments 7200 Camden Ave. N. Lyn River Apartments 201 65th Ave. N. Riverwood Townhomes 6605 Camden Dr,. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 4 -26 -82 -16- The City Attorney returned to the table at 10:32 p.m. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:32 p.m. i; k Mayor 4 -26 -82 -17-