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HomeMy WebLinkAbout1982 12-20 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 20, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called toorder by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Chief of Police James Lindsay, Assistant City Engineer James Grube, and Admin- istrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION t The invocation was offered by Father Shea of St. Alphonsus Catholic Church. OPEN FORUM } Mayor Nyquist noted he had received a request to use the Open Forum session this evening from Pastor Roger Carlson, 5557 Logan Avenue North. The Mayor explained that the subject which Pastor Carlson desired to discuss would be addressed later in the agenda and requested that Rev. Carlson speak at that time. CONSENT AGENDA Mayor Nyquist inquired whether any Council members requested any items removed from the Consent Agenda. Councilmember Lhotka requested that items 17 and 7b be removed from the Consent Agenda. Mayor Nyquist requested that items 10f and l0e be removed from the Consent Agenda. FINAL PLAT APPROVAL - HI CREST SQUARE ESTATES 2ND ADDITION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the final plat of Hi Crest Sgi-are Estates 2nd Addition (Resubdivision of Outlots A -F of Hi Crest Square Estates - Planning Commission Application No. 82043) subject to review and approval of the Abstract of Title and Homeowners Association documents. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed_ PERFORMANCE BOND RELEASE - HOWE, INC. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to authorize the release of the performance guarantee for Howe,- Inc., 4821 Xerxes Avenue North in the amount of $27,800. Voting in favor: Mayor Nyquist, Council- members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 82 -236 Member Rich Theis introduced the following resolution and moved its adoption: 12 -20 -82 -1- 4, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE PURCHASE OF 30,000 GVW 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, 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 -237 Member Rich Theis introduced the following resolution and moved ' "its adoption:' RESOLUTION AUTHORIZING THE PURCHASE OF A HEATED BITUMINOUS HOPPER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -238 Member Rich Theis introduced the following resolution and moved its adoption RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. APPROVAL OF MINUTES - REGULAR SESSION, DECEMBER 6, 1982, SPECIAL SESSION, SEPTEMBER 20, 1982, REGULAR SESSION, SEPTEMBER 27, 1982 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meetings of December 6, 1982,, September 20, 1982, and September 27, 1982 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. FINAL PLAT APPROVAL - P.B.C. 2ND ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the final plat of the P.B.C. 2nd Addition (resubdivision of parcels located at 6120 Brooklyn Boulevard and 6117 and 6123 Beard Avenue North, Planning Commission Application No. 81046). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 82 -239 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT FOR P.B.C. SECOND ADDITION I 12 -20 -82 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. FINAL PLAT APPROVAL - DALE AND DAVIES 3RD ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the final plat of Dale and Davies 3rd Addition (resubdivision of two parcels located at Dale Tile - France and Lakebreeze Avenues - Planning Commission Application No. 82001) subject to review and approval of the Abstract k of Title by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS FOR 1983 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reappoint the following individuals to serve another term on their respective Commissions: Human Rights Commission -Jayne Kuhar, 3 year term beginning January 1, 1983, George Mayleben, 3 year term beginning January 1, 1983, Mary Ellen Rabine, 3 year term beginning January 1, 1983. Park & Recreation Commission- Vicki Denissen, 3 year term beginning January 1, 1983. Housing Commission- Dolores Hastings, '3 year term beginning January 1, 1983. Planning Commission- George Lucht, 2 year term as Chairman beginning January 1, 1983, Lowell Ainas, 2 year term beginning January 1, 1983, Mary Simmons, 2 year term beginning January 1,.19$3. Northwestern Hennepin Human Services Council -Dr. Duane Orn, 2 year term beginning January 1, 1983. Voting in favor: Mayor Nyquist, Council- members Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving a Portion of Classification Lists 652 -NC and 654 -NC. He explained the staff has reviewed the parcels contained in the list and that no public purpose has been determined for these lots. The Director of Public Works reviewed the location of the tax forfeit parcels and pointed out various problems with the development of one of the lots, including a problem with access and providing sanitary sewer to the parcel. Councilmember Theis stated that he was concerned with these access problems and woulu like to make sure that any prospective buyer would be aware of these problems. The City Attorney stated it is possible for the City to place conditions on the sale of the tax forfeit, parcels, such as requiring that an additional right of .way must be obtained before anything is constructed on the,lot. Councilmember Scott arrived at 7-30 p.m. The City Attorney also indicated that-the resolution could be adjusted to account for street access and also provide that prospective buyers must provide access' and sanitary sewer to the parcel without cost to the City.' RESOLUTION NO. 82 -240 Member Rich Theis introduced the following resolution and moved its adoption with the amendment suggested by the City Attorney: RESOLUTION APPROVING A PORTION OF CLASSIFICATION LISTS "652-NC" and 11 654 -NC" 12 -20 -82 -3- The motion for the adoption of the foregoing resolution as amended was duly seconded by member Gene Lhotka and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka,.Bill Hawes, and Rich Theis, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Scott abstained from voting on the resolution. I The City Manager introduced a Resolution Approving Five Year Municipal State Aid Capital Improvement Program. The Director of Public Works explained the MSA Section of•the.Minnesota Department of Transportation has requited that a five year plan for roadway improvement to the state aid system be submitted by the City. He explained the staff is submitting the five year improvement program contained in the resolution before the Council and that it proposes a five year MSA street improvement program. RESOLUTION NO. 82 -241 Member Gene Lhotka introduced the following resolution and moved its 'adoption:` RESOLUTION APPROVING FIVE YEAR MUNICIPAL STATE AID CAPITAL IMPROVEMENT PROGRAM 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 Approving a Private Kennel License and Establishing Conditions of Operation. Mayor Nyquist recognized Rev. Roger Carlson, 5557 Logan Avenue North, who had registered earlier in the meeting for the Open Forum session. Rev. Carlson stated that he respects his neighbors but that he opposes the private kennel license they are applying for. He explained his wife suffers from Lupis and that the doctors have prescribed rest for her condition. He indicated that he was under the impression that the license was going to be denied by the City Council and that he hopes the 'Council will not give out the license since the dogs disturb the neighborhood and his wife. He added that, although he loves his neighbors, he.opposes their request for a private kennel license out of concern for the health of his wife. Mayor Nyquist inquired whether the noise from the dogs disturbed his wife when the owners were not home. Rev. Carlson replied that the dogs do make noise when the owners are not at home. Councilmember Lhotka stated that his concern with the license is that it should not cause a disturbance and that he believes it should either be denied or assurances should be obtained that the dogs will not create a nuisance. Mrs. Sandoval stated that they are not the only people on the block with dogs and that other people's dogs in the area make noise too. She added that they keep their windows and doors facing the street closed and explained that their immediate next door neighbors were willing to sign a petition to support their private kennel license. 12 -20 -82 -4 In response to a question from Councilmember Theis, Rev. Carlson explained that the location of his home is across the street and up one house from the Sandoval's. He stated there are other dogs in the neighborhood but they are located farther away and that he sees a difference between owning a pet and having a private kennel. Councilmember Lhotka stated that he has a hard time understanding how the sound is discernable from across the street. Rev. Carlson explained that the sound is a particular problem in the summer when the windows are open.. Councilmember Lhotka inquired whether some type of barrier could be put up to keep the dogs in the back of the house and not on the side. Mrs. Sandoval explained that the dogs are let out one at a time and then put in the house. She added that buses along Logan Avenue also create a lot of noise. Councilmember Lhotka stated that if the private kennel license is approved, he would hope the Sandoval's understand that if complaints are received, the license will be reconsidered by the Council. The City Attorney advised thb Council on Rev. Carlson's objection based on health considerations. He explained that nuisance law does not address health problems and that with regard to Mrs. Carlson's problem, the court looks at how the private kennel license would affect person's without health problems, and that it does not address specific health problems. Councilmember Theis requested the City Attorney to recommend the course of action which would most readily solve the problem. The City Attorney explained that the easiest course would be to not issue the private kennel license, the most difficult would be to revoke the license once it had been issued if problems were created, and the middle ground between the two would be reconsideration of the license at some time in the future when renewal is considered. Councilmember Lhotka inquired of the City Attorney what grounds would be for revocation. The City Attorney explained that violation of specific conditions of the issuance of the private kennel license would be grounds for revocation. Councilmember Theis suggested a third condition to the resolution be added, that being, the dogs should be restricted to the back yard area when they are put outside. RESOLUTION NO. 82 -242 Member Gene Lhotka introduced the following resolution and moved its adoption with the amendment that Councilmember Theis' condition.be added to the resolution: RESOLUTION APPROVING A PRIVATE KENNEL LICENSE AND ESTABLISHING CONDITIONS, OF OPERATION The motion for the adoption of the foregoing resolution, as amended, 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. 12 -20 -82 -5- PUBLIC HEARING ON PROPOSED ASSESSMENT FOR ALLEY IMPROVEMENT PROJECT NO. 1982 -14 The City Manager introduced i hearing o n proposed se a a public g P P t next agenda item, he g , assessment for Alley Improvement Project No. 1982 -14 (Alley Construction from 53rd Avenue to.54th Avenue between Dupont and Emerson Avenues).. He stated that notices of the hearing had been sent to all affected property owners and that notice was published in the City's official newspaper. The Director of.Public Works reviewed the project for Council members and also the proposed assessments and interest rates. He " added -that no written correspond- ence had been received by the staff objecting to the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for .Alley Improvement Project No. 1982 -14 and inquired if there was he public hearing. Mayor Nyquist recognized who wished to speak at t g r nt h anyone present p P y P a member of the audience who inquired whether the figures for the assessments are final. The Director of Public Works explained that the assessment figures are final. Mayor Nyquist inquired if there was anyone else who wished to speak 'at the public hearing. No one else appeared to speak and he entertained.a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on the proposed assessment for Alley Improvement "Project No. 1982 -14. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION_ NO. 82 -243 Member Bill Hawes introduced the following resolution and moved its adoption. RESOLUTION ADOPTING ASSESSMENT OF IMPROVEMENT PROJECT NO. 1982 -14 (ALLEY CONSTRUCTION FROM 53RD TO 54TH AVENUES BETWEEN DUPONT AND EMERSON AVENUES) 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. RENEWAL OF ANIMAL CONTROL CONTRACT The City Manager explained that the City has not experienced the problems with MAPSI that the City of Minneapolis has. He added that the City corrects any billing records which are inaccurate and also monitors the service of MAPSI. He explained the City calls MAPSI and comes to an agreement with them on the added that the Ci City. H e Y ha s been time they have spent patrolling in the C y. cutting down on the amount of patrol hours of MAPSI. Mayor Nyquist recognized Mr. Mark Petersen, who inquired whether Mr. Frank Pucci, current manager of MAPSI, was a former employee of MAPSI before their reorganization. The City Manager stated that he believes Mr. Pucci was a former employee of MAPSI prior to the new reorganization. Mr. Petersen ;then inquired '< whether the CEO's take care of nuisance problems created by animals. The City Manager explained that the CEO's do handle these types of calls.- Mr. Petersen then inquired whether there were any changes proposed in the way MAPSI is 12 -20 -82 -6- T , coordinating with the CEO's. The City Manager explained that when the CEO's are on duty, generally MAPSI is not called. He added that the City, may in the future, look at some joint operation with another City but right now the staff believes, it is in the best interest of the City to continue with MAPSI. He stated he believes the City has received reasonable service from MAPSI but that the City would be willing to look'at reasonable alternatives. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the Mayor and City Manager to enter into and execute the animal control contract with MAPSI for 1983. Voting in favor: Mayor Nyquist, Council - Members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82037 SUBMITTED BY NORTHPORT PROPERTIES TO REZONE FROM R1 TO Cl THE LAND AT 5415 BROOKLYN BOULEVARD, WHERE THE NORTHPORT MEDICAL CLINIC IS PRESENTLY LOCATED. The Director of Planning & Inspection reviewed the rezoning request for Council members and explained the southwest neighborhood advisory group has made a favor- able report to the Planning Commission on the rezoning request. He proceeded to present and review for Council members pages l through 2 of the December 9, 1982 Planning Commission minutes and also the Planning Commission inforMation sheet prepared for Application No. 82037. He added that Mr. Sullivan, owner of the property south of the subject parcel, intends to pursue a rezoning of his property. The Director of Planning & Inspection stated that the notices for this evening's meeting had been sent to all affected property owners and that the applicant is present this evening. z Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82037 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 82037. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -244 i Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 82037 SUBMITTED BY NORTHPORT PROPERTIES 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. 12 -20 -82 -7- PLANNING COMMISSION APPLICATION NO. 82046 SUBMITTED BY GLEN MARSH REAL ESTATE INVESTMENTS FOR PRELIMINARY PLAT AND VARIANCE APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL AT 910 -55TH AVENUE NORTH The Director of Planning & Inspection reviewed the request and presented and reviewed for Council members pages 2 through 5 of the December 9, 1982 Planning` Commission minutes and also the Planning Commission information sheet prepared for Application No. 82046. He reviewed the location of the subject parcel and explained that it is currently zoned Rl. The Director of Planning & Inspection explained that the Planning Commission recommended approval of Application No. 82046 subject to ten conditions which he reviewed for Council members. He added that the notices to affected property owners had been sent and that a representative of the applicant was present this evening. Mayor Nyquist opened the meeting for the purpose of -a public hearing on Planning Commission Application No. 82046 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he enter- tained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 82046. 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 Planning Commission Application No. 82046, for the reasons and subject to the conditions set forth below: Reasons for Variance: 1. The lot width variance has been minimized to the maximum extent possible. 2. There is no excess land available on adjacent lots to further reduce or eliminate the need for a variance. 3. The proposed lots meet ordinance requirements for lot depth and lot area. 4. The variance is necessary to allow the petitioner to make reasonable use of the land parcel that presently exists. 5. Granting the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood. Conditions of Plat Approval: 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. L . I i 12-20 -82 -8- S 3. The existing shack on Lot 1 shall be removed from the premises and the illegal utility connection between the main house and the shack shall be removed prior to final plat approval. 4. The existing concrete patio slab which extends over the property line between Lot 1 and Lot 2 shall be removed or reduced to meet setback requirements for accessory structures prior to final plat approval. 5. The accessory shed near the northwest corner of Lot 1 shall be removed or relocated to meet setback requirements for accessory structures prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:00 p.m. and reconvened at 9:15 p.m. PLANNING COMMISSION APPLICATION NO. 82047 SUBMITTED BY RYAN CONSTRUCTION COMPANY FOR AMENDED SPECIAL USE PERMIT APPROVAL TO ALLOW MEDICAL AND DENTAL USES IN THE OFFICE BUILDING AT 6300 SHINGLE CREEK PARKWAY WHICH IS ZONED I -1. The Director of Planning & Inspection reviewed the applicant's request including the proof of parking plan. He presented and reviewed for Council members pages 4 through 7 of the December 9, 1982 Planning Commission minutes and also the Planning Commission informat-_on sheet prepared for Application No. 82047. He pointed out the Planning Commission recommended approval of Application No. 82047 subject to three conditions which he reviewed for Council members. The Director of Planning & Inspection stated the required notices of this evening's meeting ad been sent to all affected g property owners and that a representative ; of the applicant is present this evening. f Mayor Nyquist inquired whether any of the other tenants in the building objected to the proposed use. Mr. John Kelly, of Ryan Construction, stated that the other } tenants contacted had no objection but that all tenants had not been contacted regarding the proposal. Councilmember Lhotka inquired what amount of space had been rented to date in 4 the building. Mr. Kelly replied that 15% of the space in the building had been rented to date. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82047 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing.. There was a motion by Councilmember Hawes and seconded by Councilmember Theis # to close the public hearing on Planning Commission Application No. 82047. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. } 12 -20 -82 -9 There was a motion by Council member Lhotka and seconded by Councilmember Theis to approve Application No. 82047 subject to the following conditions: 1. The conditions pertaining to the approval of -Application No. 81012 remain in effect. 2. Amended permit approval acknowledge 38 additional parking spaces on the site allowing a maximum of 14,300 square feet of floor space to be devoted to medical /dental uses, the remainder to be devoted to general office uses. 3. The applicant acknowledges that any or all of the additional stalls shown as proof -of- parking will be installed upon a determination by the City that they are needed. New parking shall be provided first from the greenstrip abutting Earle Brown Drive and the north 5reenstrip Removal of landscaped parking lot islands shall be utilized last for parking purposes. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION No. 82048 SUBMITTED BY CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN OPAQUE WALL TO SCREEN OUTSIDE STORAGE AND TO BUILD AN ADDITION TO THE SALT STORAGE BUILDING AT 6844'SHINGLE CREEK PARKWAY. The Director of Planning & Inspection reviewed the application and presented and reviewed for Council members pages 7 through 8 of the December 9, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82048. The Director of Planning & Inspection pointed out that a condition of approval of the Planning Commission was that the landscape plan be provided kith the application. The Director of Planning & Inspection proceeded to review the landscape plan presented with the application. He also reviewed the Planning Commission recommendation regarding screening materials to be used. The Director of Planning & Inspection stated the Planning Commission held a public hearing on Application No. 82048 at its December 9, 1982 meeting and that notices had been sent to all affected property owners. He added that the Planning Commission recommended_ approval of Application No. 82048 subject to ten conditions which he reviewed for Council members. He pointed out condition No. 3 has been met and may be deleted from the conditions. Councilmember Lhotka stated that he is concerned with the specification of materials' for the screening wall. He added that the City would be specifying a certain material in this case and that in the past it has been his understanding that the City cannot specify a particular type of material. The City Attorney stated that typically,_ these types of items are negotiated items between an applicant and the City Council. The Director of Planning & Inspection noted that in the past, applications have stated, by an approved plan, that screening walls must be compatible to the main structure. The Director of Public Works reviewed for Council members four types of wall type 12 -20 -82 -10- rendered by the City's consulting architect and pointed out that the staff recommends the textured concrete block. The Director of Planning & Inspection stated that he believes the Planning Commission's point in its recommendation for an opaque wall is that the chain link fence does not meet the standard and that the 'wood meets the compatability standard along with the precast concrete or block Councilmember Lhotka requested that an alternate material, such as concrete block, be bid along with the precast concrete. Mayor Nyquist. opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82048. No one appeared to speak at the public hearing and he entertained a motion to.close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 82048. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 82048 subject to the following conditions: 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building €; Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. f 5. B612 curb and gutter shall be provided around all parking and driving areas. 6. Landscape berms in the northeastern portion of the site shall be modified to provide effective screening of the storage yard from 69th Avenue North 7. Underground irrigation shall be provided within the greenstrip. along Shingle Creek Parkway to ensure site maintenance. 8. The new addition to the salt storage building shall be equipped with an automatic fire extinguishing system in accordance with NFPA Standards and shall be connected to a_UL approved monitoring system in accordance with Chapter 5 of the City Ordinances. 9. The exterior of the screening wall facing Shingle Creek Parkway shall be an opaque wall approved by the City Council. Voting in favor: Mayor;,Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.: Voting none. The motion passed unanimously. 12 -20 -82 -11- RESOLUTIONS (CONTINUED) The City - Manager introduced a Resolution Relating to a $7,200,000 Commercial Development Revenue Note. He explained the Industrial Development Revenue _Bond was for Commercial Partners /Brookdale Square. Mayor Nyquist recognized Mr. John Utley, attorney for Holmes and Graven, and representing the project.- Mr. Utley explained that the initial approval of the bond was for $7,200,000 but that the project finally closed at $6,200,000. He explained the bank is now willing to increase the amount to $7,200,,000. RESOLUTION NO. 82 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA ( "CITY ") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE $7,200,000 COMMERCIAL DEVELOP MENT REVENUE NOTE (COMMERCIAL PARTNERS /BROOKDALE PROJECT), SERIES 1982 ( "NOTE "), WHICH NOTE AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, AN ASSIGNMENT OF LOAN AGREEMENT, AND A DISBURSING AGREEMENT; APPROVING THE FORM OF A COMBINATION MORTGAGE, SECURITY AGREEMENT, AND FIXTURE FINANCING STATEMENT AND AN ASSIGNMENT OF LEASES AND RENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE; AND PROVIDING FOR THE SECURITIES, RIGHTS AND REMEDIES OF THE HOLDER OF SAID NOTE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Appointing the Commissioner of Trans- portation as Agent for the City of Brooklyn Center, In discussion of the resolution, Mayor Nyquist inquired whether the staff had any problems with the last paragraph on page 3 of the agreement or the last paragraph on page 9 of the agreement. The Director'of Public Works stated the staff has no serious concerns with the contract agreement. The City Attorney explained that contracts drafted with the state or federal government are drafted to benefit the state and federal government. He explained the City Council has a choice of either to enter into or not to enter into the agreement and that the Council must make-the final judgment regarding the risks of such an agreement. RESOLUTION NO. 82 -246 Member Rich Theis introduced the following resolution and moved its adoption RESOLUTION APPOINTING THE COMMISSIONER OF TRANSPORTATION AS AGENT FOR THE CITY OF BROOKLYN CENTER 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, and Rich Theis; and the following voted against the 'same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. 12 -20 -82 12 RESOLUTION NO. 82 -247 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION ACCEPTING BID FOR FOUR (4) COMPACT POLICE PATROL SEDANS 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. The City Manager introduced a Resolution Setting Wages and Salaries for the Calendar Year 1983. He explained that the Local 49 contract had been settled and that the police contract is under negotiation with a 6% increase recommended. The Director of Finance pointed out that the Resolution before the Council Setting Wages and Salaries for the Calendar Year 1983 does not contemplate approval of the Local 49 contract but rather it is contained in a separate resolution. The City Manager introduced a Resolution Approving Collective Bargaining Agreement between International Union of Operating Engineers, Local No. 49 AFL -CIO and the City of Brooklyn Center. Councilmember Lhotka questioned why there was a 6% increase for nonorganized employees and a 5�% increase for Local 49 employees. The City Manager explained the history of past negotiations shows that there have beep differences in the past between the two groups, f RESOLUTION NO. 82 -248 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL` UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO AND 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. r RESOLUTION NO. 82 -249 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1983 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. 12 -20 -82 -13- The Director of Finance introduced a Resolution Amending the 1982 General Fund Budget. Councilmember Lhotka left the table at 10:55 p.m. and returned at 10:56 p.m. In discussion of the resolution, Councilmember Hawes stated he was concerned with the rising costs of legal counsel. The Director of Finance explained that the only control.over the cost of legal counsel is in the area of civil matters and that the cost of prosecution cannot be regulated. He added that fines are also increasing to offset some of the costs of prosecution and that he expects to exceed the estimated court revenue in 1982. The City Attorney explained that the costs for legal counsel in the first three months of 1982, before the new D.W.I. Law went into effect, were very close to the budgeted amount. He explained that once the legislation was passed, the budgeted amount was exceeded. He explained the number of cases cannot be controlled but that he would want to analyze how we are handling cases. He explained that very few cases go to trial and that most are negotiated either on the phone or .in pretrial hearings. He explained that the time spent on cases in Brooklyn Center is very close to the time spent on cases in other cities represented by his firm. The City Manager pointed out that the City of Brooklyn Center has a very active police department and as a result this affects the number of cases. The City Attorney added that good police department reports can cut down on the time spent on the case by the attorney. He pointed out that Brooklyn Center has an excellent record in this respect and that the time spent on the case is generally in the area of negotiations. RESOLUTION NO. 82 -250 Member Gene Lhotka introduced the following resolution and moved its adoptions RESOLUTION AMENDING THE 1982 GENERAL 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. 82 -251 Member Celia Scott 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 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 -252 Member Bill Hawes introduced the following resolution and moved its adoption:' RESOLUTION AMENDING THE 1982 AND 1983 GENERAL FUND BUDGETS 12 -20 -82 -14- 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 -253 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 AND 1983 GENERAL FUND BUDGETS 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. 82-254 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 AND 1983 GENERAL FUND BUDGETS 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 -255 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was seconded b g g Y Y 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 -256 / Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE BROOKLYN CENTER CRITICAL AREAS PLAN 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 resoluton was declared duly passed and adopted. RESOLUTION NO. 82 -257 Member Bill Hawes introduced the following resolution and moved its adoption: 12 -20 -82 -15- RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR PARTICIPATION IN THE HENNEPIN COUNTY GROUP INSURANCE PROGRAM 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. DISCUSSION ITEMS POLICE DEPARTMENT YEAR END-REPORT ON LIQUOR ESTABLISHMENTS The City Manager presented a memorandum from the Chief of Police regarding liquor license data for 1982 He explained that with regard to the food /liquor split required by the ordinance, with the exception of the Earle Brown Bowl and the Lynbrook Bowl, all the establishments in the City meet the.50 /50 requirement. Councilmember Lhotka requested that a strong statement be made regarding the Lynbrook Bowl and the Earle Brown Bowl,and that it be stated publicly so that the establishments realize the Council is aware of the problem and that it be communicated to the Lynbrook Bowl and the Earle Brown Bowl. STAFF REPORT ON STATE BUDGET BALANCING LEGISLATION The City Manager reviewed the current legislation passed by the state to balance the state budget and he stated he believes the problem isn't over and that municipalities must continue to plan for furth - er budget problems.. As 'part of this planning, he suggested that one alternative that may be considered is an early retirement plan for employees. He stated this policy is being used in the private sector and he stated he believes it can be used in the public sector also. He added that such a program could give the City some flexibility and options with regard to fiscal planning. CONSIDERATION Or SPECIFIED LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following licenses: a. On -sale intoxicating liquor license for Earle Brown Bowl, Green Mill Restaurant, Ground Round Restaurant, Holiday Inn, Lynbrook Bowl, Meriwethers Restaurant, Red Lobster Restaurant, T. Wrights Restaurant, Yen Ching Restaurant, b. On -sale Sunday intoxicating liquor licenses for Earle Brown Bowl, Green Mill Restaurant, Ground Round Restaurant, Holiday Inn, Lynbrook Bowl, Meriwethers Restaurant, Red Lobster Restaurant, T. Wrights Restaurant, Yen Ching Restaurant. c. On -sale wine license for Denny's Restaurant and the Good Earth Restaurant d. On -Sale club license for Brooklyn Center American Legion Post #630. e. On -sale nonintoxicating liquor licenses for Beacon Bowl, Chuck Wagon Inn, Denny's Restaurant, The Good Earth Restaurant, Happy Dragon Restaurant, Pontillo's Pizzeria, Rocky Rococo's Pizza, Showbiz Pizza, and Taco Towne. 12 -20 -82 -16- Voting in favor: Mayor Nyquist, Council.members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: AMUSEMENT DEVICE OPERATOR'S LICENSE Budgeted Motel 6415 James Circle AMUSEMENT DEVICE VENDOR'S LICENSE Carousel International Corp. 19 Zinzer Court K -Mart 5930 Earle Brown Dr. Century Corporation 2910 W. Montrose Ave. K -Mart 3600 63rd Ave. N. BENCH LICENSE U.S. Bench Corporation 3300 Snelling Ave. BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave N. Earle Brown Bowl 6440 James Circle N. CIGARETTE LICENSE A & J Enterprises 2367 University Ave. N. Dayton's Home Store 5701 Xerxes Ave N. Schmitt Music 2400 Freeway Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Beacon Bowl 6425 Lyndale Ave. N. Brooks Superette 6800 Humboldt Ave. N. Consumer Vending 2727 26th Ave. S. Bridgeman's 6201 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Inter City Oil 63rd Brooklyn Blvd. Midwest Vending Company 8645 5tn Ave. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Theisen Vending 3804 Nicollet Ave S. Meriwethers 2101 Freeway Blvd. T- Wrights 5800 shingle Cr. Pkwy. Thrifty -Scott Motel 6445 James Circle Bill West 76 Station 2000 57th Ave. N. Woodside Enterprises 2500 Nathan Lane Poppin Fresh Pie Shop 5601 Xerxes Ave. N. COMMERCIAL KENNEL LICENSE Brookdale Pet Center Brookdale Center Brooklyn Pet Hospital 4902 France Ave. N. 12 -20 -82 -17- GASOLINE SERVICE STATION LICENSE Big -Bi Service Station 5710 Xerxes Ave. N Brooklyn Center City Garage 6844 Shingle Cr. Pkwy. Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooklyn Center Post Office 6848 Lee Ave. N. Brooklyn Center Shell 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Davies Water Equipment 4010 Lakebreeze Ave. N. Howe, Inc. 4821. Xerxes Ave. N. Humboldt Avenue Service 6840 Humboldt Ave. N. Inter City Oil 63rd 'Brooklyn Blvd. Metropolitan Transit. Commission 6845.Shingle Cr. Pkwy. Munn Black Top, Inca 3601 48th Ave. N. Northern States Power Co. 4501 68th Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. 7- Eleven Food Stores 1500 69th Ave. N. Super America Service Station 6545 W. River Rd. Super America Service Station 1901 57th Ave. N. Uncle Bob's Quik Six 6600 Lyndale Ave. N. Vicker's Minnesota Oil Co. 6830 Brooklyn Blvd. LODGING ESTABLISHMENT LICENSE Marc's Budgetel 6415 James Circle MECHANICAL SYSTEMS LICENSE Kramer Heating 7161 Yucca Circle Preferred Sheet Metal Inc. 90 W. Woodlynn Ave. Riccar Heating 3095 162nd Ln. N.E. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest Inc. 1189 Eagan Industrial Rd. Bermel Smaby 6500 Brooklyn Blvd.. NURSHING HOME LICENSE Maranatha Conservative Home 5401.69th Ave. N OFF -SALE NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Ave. N. ON -SALE CLUB LIQUOR LICENSE Brooklyn Center Am. Legion 4307 70th Ave. N. 12 -20 -82 -18- ON -SALE INTOXICATING LIQUOR LICENSE Earle Brown Bowl 6440 James Circle General Mills Restaurant Group 6770 Lake Ellenor Dr. Red Lobster 7235 Brooklyn Blvd. Green Mill, Inc. 5540 Brooklyn Blvd. Ground Round Restaurant 2545 County Rd. 10 Holiday Inn 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Meriwethers 2101 Freeway Blvd. T- Wrights 5800 Shingle Cr. Pkwy. Yen Ching 5900 'Shingle Cr. Pkwy. ON -SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Denny's Inc. 3901 Lakebreeze Ave. N. Good Earth Restaurant 5717 Xerxes Ave. N. Happy Dragon Restaurant 5532 Brooklyn Blvd. Pontillo's Pizza 5937 Summitt Dr. Rocky Rococo Corp. 1678 Brookdale Mall Showbiz Pizza Place 5939 John Martin Dr. Taco Towne Restaurant 6219 Brooklyn Blvd. ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE Earle Brown Bowl 6440 James Circle General Mills Restaurant Group 6770 Lake Ellenor_Dr. Red Lobster 7235 Brooklyn Blvd. Green Mill 5540 Brooklyn Bl4d. Ground Round Restaurant 2545 Cty. Rd. 10 Holiday Inn 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Meriwether's 2101 Freeway Blvd. T- Wrights 5800 Shingle Cr. Pkwy. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. ON -SALE WINE LICENSE Denny's Inc. 3901 Lakebreeze Ave. N. Good Earth Restaurant 5717 Xerxes Ave. N. PUBLIC DANCE LICENSE Earle Brown Bowl 6440 James Circle RENTAL DWELLING LICENSE Intial: Susan M. Klemond 6223 Brooklyn Dr. Jon Nesseth 7109 -7113 Unity Ave. N. Renewal: Thomas & Mary Harty 5837 Lyndale Ave. N. Nancy & Jack Huang 3518 Woodbine Ln. Nancy & Jack Huang 5419 70th Circle 12 -20 -82 -19- Voting in favor:' Mayor Nygvist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SPECIAL COUNCIL MEETING DECEMBER 27, 1982 The City Manager explained that it will be necessary to have a special meeting . of the Council on December 27 to consider the single family housing mortgage revenue bond program. There was -a motion by Councilmember Hawes and seconded by Councilmember Lhotka ' to approve a special Council meeting for 7:00 p.m. on December 27, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. - ADJOURNMENT ' There was a motion by Councilmember Hawes and seconded by Councilmember Scott 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 11 :24 p.m. Y lerkMayo 1 f _ S 12 -20-82 -20-