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HomeMy WebLinkAbout1981 09-28 CCM Regular Session e MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 28, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, and Gene Lhotka. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Park & Recreation Director Gene Hagel, Building Official Will Dahn, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmembers Scott and Kuefler would be absent from this evening's meeting and were excused. INVOCA'T'ION The invocation was offered by Father Shea of St. Alphonsus Church. APPROVAL OF MINUTES - SEPTEMBER 14, 1981 Mayor Nyquist noted a quorum of the Council members present at the September 14, 1981 meeting were not present this evening and he deferred approval of the minutes to the next regular City Council meeting. OPEN FORUM Mayor Nyquist noted that he had received a request to use the Open Forum session from Mr. Russ Viska representing the Smoke Pit Restaurant at 5001 Drew Avenue North. Mr. Viska stated he would like to discuss the issue of signery for his restaurant. He stated he became aware of the changes in the sign ordinance with regard to service station signery and noted that he believes service stations are generally located in areas of high visibility and could not understand why they had to receive special treatment with regard to signage. He stated the Smoke Pit Restaurant conducted its two ten -day promotions as allowed by the sign ordinance and stated that the banners used in the promotions were helpful to people in finding the restaurant. He stated, he believes, he is as unique as service stations and added that his new business is in a location that is very difficult to find without proper signs. He stated that while the banners were up during the'ten day promotion, people were able to find the restaurant which is blocked from view by trees along Highway 100. Mayor Nyquist pointed out that one reason the service stations were uniquely treated with regard to signery is that they are already in a unique position in the zoning ordinance. Councilmember Lhotka commented that because the service stations were allowed special treatment with regard to signery, that Mr. Viska's request is an example of what will be happening in the future with regard to other businesses requesting similar treatment. 9 -28 -81 -1- Councilmember Fignar stated that he understands Mr. Viska's concern and inquired whether it would be possible to draft language to allow new businesses extra time with regard to signery so that they can get a proper start. The City Manager pointed out that many of the cities the Planning Department surveyed with regard to signery. allow administrative permits for promotions for only new businesses, The City Attorney arrived at 7:15 p.m. The City Manager stated that the staff can present information with regard to what other cities allow for signery for new businesses at the next Council meeting. The City Manager noted that Mr. Viska can contact City Hall on the Friday before the next scheduled Council meeting to obtain the information the staff will be presenting to the Council with regard to the survey of signery allowed for new businesses in neighboring communities. SUBDIVISION BOND RELEASE - HAROLD L. GIESE FOR GUNDERSON ADDITION There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to reduce the subdivision bond in the amount of $2,650 held for improvements in the Gunderson Addition Subdivision. Voting in favor: Mayor Nyquist, Council .members Fignar and Lhotka. Voting against: none. The motion passed. PERFORMANCE BOND RELEASES /REDUCTIONS There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the release of the performance guarantees on. Howe Fertilizer, 4821 Xerxes Avenue North, Victoria Townhouses, 68th Avenue North & Grimes Place and to approve the reduction of the performance guarantee on Meriwethers Restaurant, 2101 Freeuay Boulevard from $45,000 to $5,000. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. APPROVAL OF ELECTION JUDGES FOR NOVEMBER 3, 1981 MUNICIPAL ELECTION - There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the list of election judges for the November 3, 1981 municipal election as submitted by the City Clerk. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 81 -191 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1981 -26, AND ACCEPTING BID AND AWARDING CONTRACT 1981 -M (ATHLETIC FIELD BACKSTOP CONSTRUCTION) 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 Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -192 Member Bill Fignar introduced the following resolution and moved its adoption: 9 -28 -81 -2- RESOLUTION ESTABLISHING KYLAWN PARK SHELTER ROOFING PROJECT NO. 1981 -27 AND NORTHPORT PARK SHELTER ROOFING PROJECT NO. 1981 -28, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (PARK BUILDING IMPROVE- MENTS CONTRACT 1981 -N) 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, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -193 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR APPRAISAL SERVICES WITH CLIFFORD R. JOHNSON & ASSOCIATES, INCORPORATED 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, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECONVENE SPECIAL BUDGET MEETING Mayor Nyquist reconvened the special budget meeting carried over from the September 21, 1981 budget hearing. The City Manager explained the staff has contacted representatives of the Chorus, Harmonettes and Band and it is the staff recommendation that if the Council chooses to reinstate these groups in the 1982 budget, that 1982 be used as the year to allow these groups to gear up so that they can generate more revenue on their own. Councilmember Fignar inquired whether any performance charges were discussed in relation to any of the groups. The City Manager explained these types of charges were discussed but other alternatives were also discussed including dues paid by the members of the various groups. Mayor Nyquist inquired whether the staff had received any calls on the skating ' rink warming house closings. The City Manager explained the staff had received .some calls and that Councilmember Kuefler suggested allowing the Park & Recreation Commission to review this item for their recommendation. He stated he would recommend that if the Council wishes to fund the Harmonettes, Band and Chorus for 1982 that it be done at the 1981 level and also that any consid- eration of the skating rink closings be referred to the Park & Recreation Commission. Mayor Nyquist inquired whether Councilmember Kuefler or Council- member Scott had relayed any concerns they may have over the budget to the City Manager. The City Manager explained that neither Councilmember Kuefler or Scott had any major concerns'with the budget except Councilmember previous comments on the Band, Harmonettes and Chorus. Mayor Nyquist requested that the staff review the City situation on insurance rates with regard to fire rating. He stated he wanted to assure that Brooklyn 9 -28 -81 -3- Center residents were getting the proper breaks on insurance for living in Brooklyn Center due to the City's fire rating.; He cited the example of a problem where persons were listing a Minneapolis mailing address when they actually lived in Brooklyn Center and did not receive credit for it. Councilmember Lhotka inquired whether the addition of a whirlpool in the community center would increase membership. The City Manager stated than the staff believes it would increase membership based on the indications the staff has obtained from community center users. Councilmember Lhotka stated he is concerned about the increase in membership due to the whirlpool and believes that an item such as a whirlpool is a luxury, not a necessity. Councilmember Fignar stated it appears that with the addition of the whirl- pool the City is really rounding out the facilities in the community center and making it a more complete facility. The City Manager stated the staff is also looking at other spa type facilities focusing on passive body toner type programs which are popular today. He stated the City generally does not have any passive exercise facilities and has generally tended to focus on more active facilities such as the weight machine. Mayor Nyquist inquired whether there was any other discussion or questions by the Council on the proposed 1982 City budget. Councilmember Lhotka stated .that he would make a motion to adopt the 1982 budget with the reduction of $5,000 in the City Attorney's budget and the addition of the Band, Chorus, and Harmonettes to the 1982 budget. RESOLUTION NO. 81 -194 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1982 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote.being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES Mayor Nyquist noted that consideration of the ordinances on this evening's agenda would be deferred until the next regular meeting since a 4/5 vote of the Council is required for adoption of an ordinance or approval of a first reading. DISCUSSION STEMS REVIEW OF PARK BOND PRIORITIES FOR NEIGHBORHOOD, PALMER LAKE AND CENTRAL PARK The City Manager pointed out that with the demise of the federal Lawcon Program the only available funding for park development is through the state which means that the City would pay 50% of the cost and the state the other 50 %. Formerly, he pointed out, with the Lawcon Program the City paid 25%,'the state paid 25% and the federal Lawcon Program paid 50 %. He stated that because of the elimination of the Lawcon Program at the federal level there is a need for priority shifts in park development. He pointed out the Park & Recreation Commission has reviewed these recommended priority changes and has given their approval of the changes as indicated in the memorandum from the Director of Parks & Recreation dated September 28, 1981. He stated that these priority changes include a number of items to be 9 -28 -51 _d_ deferred in Central Park including baseball field lighting, the building at the baseball diamond, parking lot for the archery range, amphitheater, and the' fencing to enclose the baseball and softball diamonds. He added that the development in Palmer Lake is considered a priority item since there is grant money available for the Palmer Lake development items. He stated that the grant amount includes all items proposed for Palmer Lake except - the parkway lighting and dredging which were not portions of the original development plan in con - junction with the bond issue. Councilmember Lhotka stated that he has a concern that the athletic fields in Central Park were originally intended to relieve the pressure on neighborhood fields and he believes the priorities with park development should be neighbor- hood parks as a first priority, Central Park second and then Palmer Lake. The City Manager explained that baseball lighting in Central Park would not really relieve the pressure in Grandview Park anyway. He stated the softball fields in Central Park which are now lighted will take the pressure off softball and football fields in neighborhood parks since softball fields can also be used for-football. RESOLUTION NO. 81 -195 Member Gene Lhotka introduced the following resolution and moved its adoption: REQUIRED FORM OF RESOLUTION OF APPLICANT AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN SPACE UNDER THE PROVISION OF THE STATE NATURAL RESOURCE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly j Passed and adopted. _I RECESS The Brooklyn Center City Council recessed at 7:54 p.m. and reconvened at 8:09 p.m. PUBLIC HEARING ON SPECIAL ASSESSMENTS: DISEASED SHADE TREE REMOVAL, WEED REMOVAL, PUBLIC UTILITY HOOKUPS, DELINQUENT UTILITY ASSESSMENTS The Director of Public Works stated the 8% interest charged on these items is required by ordinance and that if the City Council wishes to bring the interest rates up with current -rates the City Council could take that separate action. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for diseased shade tree removal and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on special assessments for diseased shade tree removal. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for weed removal and inquired if there was anyone present who wished - to speak at the public hearing. No one appeared to speak. There was a motion 9 -28 -81 -5- by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing on special assessments for weed removal. Voting in favor; Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for public utility hookups and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing on special assessments for public utility hookups. Mayor Nyquist opened the meeting for the purpose of a public hearing on special assessments for delinquent utility assessments and inquired if.there was anyone present who wished to speak at the public hearing. No one appeared to speak. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on special assessments for delinquent utility assess - ments. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. RESOLUTION NO. 81 -196 Member Gene Lhotka introduced the followin g resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted ix favor thereof: Dean Nyquist, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 81 -197 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1981 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS 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, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -198 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CONFIRMING ASSESSMENTS FOR PUBLIC UTILITY WATER HOOKUPS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof : - Dean Nyquist, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 9 -28 -81 6- RESOLUTION NO. 81 -199 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Director of Public Works stated that if the Council believes the 8% interest charge on assessments is unrealistic the Council could make a motion directing the staff to investigate the possibility of changing interest rate and make the proper adjustments. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to direct the staff to investigate changing the current 8% interest rate charged on special assessments in order to achieve a more realistic interest rate. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. PLANNING COMMISSION ITEM5 APPLICATION NO. 81041 SUBMITTED BY SUMMIT MORTGAGE CORPORATION /BLUMENTALS ARCHITECTURE FOR SITE AND BUILDING PLAN APPROVAL TO RELOCATE BUILDINGS ON THE EARLE BROWN FARM AND APPLICATION NO. 81051 SUBMITTED BY.5UMMIT MORTGAGE CORPORATION /BLUMENTALS ARCHITECTURE FOR SITE AND BUILDING PLAN APPROVAL TO DEVELOP THE HORSEBARN AND HIPPODROME AS A SPECULATIVE INDUSTRIAL BUILDING The Director of Planning & Inspection presented and reviewed for Councilmembers Pages 4 through 7 of the September 10, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81041 and 81051. He stated the Planning Commission has previously, this year, reviewed the farm site as an historic area and investigated the feasibility of maintaining it as such. He stated the Planning Commission has also received comments from the State Historical Society regarding the maintenance of the farm as an historic site. He pointed out the State Legislature has designated. the Earle Brown Farm site as an historical area. The Director of Planning & Inspection reviewed the site and building plan for Application No. 81041. He pointed out that comments from the Historical Society included information on the historic zone designated by the legislature and he pointed out the zone designated on the transparency of the site and building plan The Director of Planning & Inspection pointed out that Application No. 81051 is the beginning of the utilization of the buildings on the Earle Brown Farm site and the buildings specifically mentioned in this application are the barn` and hippodrome. He stated the Historical Society has no major objection to the site and building plan presented by the applicant this evening. 9 -28 -81 -7- He stated the Planning Commission recommended that in conjunction with Application No. 81041 and 81051 that Application No. 81035, the plat approval, be modified to indicate the area designated by the State Legislature as an historical area. The Director of Planning & Inspection noted the Planning Commission recommended approval of Application No. 81041 subject to seven conditions which he reviewed for Council members. He added; that the Planning Commission also recommended approval of Application No. 81051 subject to nine conditions which he reviewed for Council. members. The City Attorney left the table at 8:40 p.m. The Director of Planning & Inspection pointed out that a representative of the applicant is present this evening and that no public hearing is required on the applications. He noted that if the applications are approved the staff would return to the City Council with an ordinance amendment relative to the historic area zoning status. A discussion ensued among Council members regarding the use of the designated historic area and the extent of the Council's involvement in proposed uses for that area. The City Attorney returned to the table at 8:50 p.m. The City Manager pointed out that the Council's involvement in the proposed uses for the historical area would be similar to the type of controls the'Council would have over a Planned Unit Development zoning district. Councilmember Fignar commented that the historic zone would give the City some latitude in influencing the development in keeping with the historical character of the site. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Application No. 81041, a request for site and building plan approval to relocate certain buildings on the Earle Brown Farm, subject to the fallowing conditions: 1. All relocation and /or alteration of existing buildings is subject to review and approval by the Building Official. Voluntary comment from the Minnesota Historical Society shall also be considered. 2_ Any grading, drainage, utility and berming plans are subject to review and approval by the City Engineer. 3. All buildings over 2,000 sq. ft. in floor area shall be equipped with an automatic fire extinguishing system in accordance with NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances at the time of occupancy unless specifically waived by the City Council. 4. The preliminary plat approved under Application No. 81035 is revised so that.all the Farm buildings to be relocated or preserved are with- 9-28-81 -8- in the Minnesota Historic Site (as defined by the register of Minnesota Historic Places) for the Earle Brown Farm and are to be on two parcels with no excess land available for future development with new structures. 5. That the City Council acknowledges through this site plan approval a special zoning status for the land within the Minnesota Historic Site (see Condition No. 4) whereby development and use of the existing Earle Brown Farm buildings shall be based on City Council approval only. The grounds required for variances from City ordinance requirements shall be City Council acceptance of a development plan and the preservation of the Earle Brown Farm structures. 6. Zoning and Subdivision Ordinance requirements shall apply to all development.within the historic district unless specifically waived by variance approval. 7. Approval of this application does not constitute approval of any special use permit for potential uses in the historic Earle Brown Farm buildings. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Application No. 81051, a request for site and building plan approval to refurbish the horsebarn and hippodrome as.a speculative industrial building with appropriate parking areas, subject to the following condition: 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring system 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, however, the mall area to the west of the horsebarn and hippodrome may be deferred from irrigation treatment until development of the farm buildings to the west. 9- 28 -81 -9- 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 except in the mall area i 9. The revised preliminary plat comprehended by 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. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. APPLICATION NO. 81053 SUBMITTED BY SHOWBIZ PIZZA FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 230 SEAT, 10,343 SQ. FT. RESTAURANT WITH GAME ROOM ON THE SOUTH SIDE OF JOHN MARTIN DRIVE, WEST OF BURGER BROTHERS. The Director of Planning & Inspection presented and reviewed for Council members pages 7 through 9 of the September 10, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81053. The Director of Planning & Inspection reviewed the location of the proposed restaurant site and reviewed a transparency of the site plan for the ShowBiz Pizza restaurant. Mayor Nyquist left the table at 9:10 p.m. The Director of Planning & Inspection pointed out that the Planning Commission held a public hearing on Application No. 81053 and recommended approval of the application subject to thirteen conditions which he reviewed for Council members. He pointed out representatives of the applicant are present this evening to answer questions that Council members may have regarding the application. Mayor Nyquist returned to the table at 9:20 p.m. Councilmember Lhotka stated that he would like to emphasize the fact that he had no problem with the type of business represented by the application but that his concerns were with the parking requirements for that business only. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Application No. 81053, a request for site and building plan approval to construct a 230 seat restaurant and game room on the property west of Burger Brothers on John Martin Drive, subject to the following conditions: l.' Building plans are subject to review and approval by the Building Offici,,:!. 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. 9 -28 -8I -10- 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. 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. 9. The special use permit is issued to the applicant as operator and is nontransferable. 10. The special use permit is subject to all applicable codes, ordinances and regulations,.and any violation thereof shall be grounds for revocation. 11. A copy of the House Rules for the game room shall be filed with the City prior to the issuance of the special use permit. The house rules shall be displayed at the entrance to the restaurant and within the game room area. 12. Signery for the building shall be limited to identification signs. Wall treatments used as eye - catching devices (eg. colored striping) shall be prohibited on all wall areas except the area beneath the canopy on the front wall, around the main front door and shall conform i to requirements of the sign ordinance. 13. The restrictive covenant shall be approved by the City Attorney and filed with the title to the property prior to the issuance of Building Permits. Voting in favor:- Councilmembers Fignar and Lhotka. Voting against: none. Abstaining: Mayor Nyquist. The motion passed. APPLICATION NO. 81058 SUBMITTED BY BYRON BREKKE FOR A VARIANCE FROM SECTION 15 -104 OF THE SUBDIVISION ORDINANCE TO SUBDIVIDE PROPERTY BY METES AND BOUNDS DESCRIPTION RATHER THAN FORMAL PLAT. The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 2 of the September 10, 1981 Planning Commission minutes and also reviewed for Councilmembers the Planning Commission information sheet prepared for Application No. 81058. He noted that the land is being conveyed from the property at 5555 Humboldt Avenue North to 5536 Irving Avenue North. He reviewed a transparency of the certificate of survey of the two parcels and noted the Planning Commission recommended approval of Application. No. 81058 subject to three conditions which he reviewed for Council members. He stated a public hearing is scheduled for Application No. 81058 and that the proper notices regarding the public hearing have been sent. 9 -28 -81 -11- Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81058 and inquired if there was anyone present who wished to speak against or for the application. No one appeared to speak. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Application No. 81058. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Application No. 81058, a request for a variance from the subdivision (ordinance to subdivide by metes and bounds description, on the following grounds: 1. The costs of platting would place an unreasonable burden on the property owners to transfer a small amount of land. 2. No substandard conditions will be created by the subdivision. 3. No new lots are created by the subdivision. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. APPLICATION NO. 81063 SUBMITTED BY BLUMENTALS ARCHITECTURE FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A SIX LANE REMOTE DRIVE -UP BANK FACILITY FOR SUMMIT STATE BANK AT THE OFFICE BUILDING AT 6040 EARLE BROWN DRIVE. The Director of Planning & Inspection presented and reviewed for Council members pages 2 through 4 of the September 10, 1981 Planning Commission minutes and also presented and reveiewed the Planning Commission information sheet prepared for Application No. 81058. He also reviewed the location of the proposed project and the proposed site plan for the project. The Director of Planning & Inspection noted there were no public hearings required for the application. He stated the Planning Commission recommended approval of Application No. 81058 subject to. seven conditions which he reviewed for Council members. He added that the staff is recommending a change in Conditon No. 7 to replace the phrase "consideration by the City Council" with the phrase "issuance of building permits ". There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Application No. 81063 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. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9 -28 -81 -12- 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The plans shall be modified to indicate B612 curb and gutter around all teller islands and a landscape schedule shall be added prior to the issuance of building permits. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Lhotka. Voting against: none. The motion passed. EVERGREEN PARK AREA IMPROVEMENT CONCEPT The Director of Public Works reviewed for Council members a proposal for an improvement of the Evergreen Park area. He reviewed the existing conditions in the Evergreen Park area and also the proposed roadway improvements for Trunk Highway 252 which would mean a four lane divided roadway with restricted access at intersections only. He proceeded to review the-needs, problems and requests including the clean - up of the maintenance yard, reserve site for a possible future water treatment plant, traffic and pedestrian conflict problems at Evergreen school driveway and parking lot, 70th Avenue extension (petition by property owner) and the proposed soccer fields. The Director of Public Works proceeded to review two concepts for the Evergreen Park area improvement. One being concept A consisting of making Bryant Avenue a local road extension from 69th to 70th Avenue, retaining 69th Avenue as a major roadway, retaining the maintenance annex site as a future site for a possible water treatment plant and locating the soccer fields on the tax forfeited property east of Camden Avenue. He also reviewed concept B which would develop a new 69th -70th Avenue connection as the major street from Dupont Avenue to west River Road, 69th Avenue, east of Bryant would be downgraded to local street status, relocation of maintenance annex /storage yard to the tax forfeited property site, designation of the tax forfeited property as a site for a future water treatment plant, and location of the soccer fields in the vicinity of Evergreen school A discussion ensued among Council members regarding the use of fields for foot- ball and soccer. The staff pointed out that the fields could be put to double use for football and soccer noting that youth football is played on an 80 yard field. Councilmember Fignar inquired what the cost of the two concepts would be. The Director of Public Works stated the dollar cost would approximately be the same for both concepts. There was a general concurrence among Council members to support concept B -as presented by the Director of Public Works. REQUEST FOR PUBLIC OFFERING OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR BROOKLYN CROSSING OFFICE PARK PROJECTS, 3300 COUNTY ROAD 10 9 -28 -81 -13- The City Manager noted that the public offering of Industrial Development Revenue Bonds was approved by the City Council for the Ryan Construction Project.. He stated that criteria used in approving the public offering was that.the City: is not named on the'bond and that a AA+ rating or better is required for the bonds. Mr. Paul Eckholm of Miller & Schroeder Municipals, Incorporated addressed the Council and stated that a "clean" letter of credit would be obtained from the First National Bank of Minneapolis for the project. He pointed out that "clean" implied that the letter of credit would be unconditional and that it could be expected that a AA+ bond rating would be obtained in this issue. Councilmember Lhotka stated that he believes the bonds approved by the City Council should be privately placed and not sold for public offering. _Councilmember Fignar inquired whether the private market has indeed dried up for bonds. The Director of Finance explained that essentially banks and insurance companies are not interested in long term investments such as this issue which' would run for ten years. The City Manager stated that if the Council would approve the public offering the Council's motion would be to authorize the public sale of bonds in accordance ' with guide lines established by the City contingent on staff review and confirmation.. The City Manager stated that if the Council approved the public offering it would not bind the Council to a final resolution. Councilmember Fignar stated that because two members of the Council were not present this evening he would suggest tabling this item for one week to the October 5, 1981 meeting. BUDGET RECAP The Director of Finance reviewed the adjustments made earlier in the meeting by the City Council with regard to the 1982 budget. He pointed out the Band would be funded at $1,530 annually, the Harmonettes at $1,255 and the Chorus at $2,700' annually. He stated the community schools program would be funded at $5,200 and that the fun -time program would be deleted at a savings of $1,700. He stated the legal counsel's budget would be reduced by $5,000 and that the additional net revenue required to meet the adjustments would be $950. He noted the net increase in the budget of $950 would be derived from recreation fees. He stated that any changes in the opening of warming houses for skating rinks would come from the contingency fund. RESOLUTION NO. 81 -200 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1982 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -201 Member Bill Fignar introduced the following resolution and moved its adoption :' RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 9- 28 -81'` -14- l 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, Bill Fignar, and Gene Lhotka and the following voted against the same: -none, whereupon said resolution was declared duly passed and adopted: LICENSES There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the following list of licenses: GARBAGE AND REFULSE HAULERS LICENSE L & N Disposal 3417 85th Ave. N. ' ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn United Methodist 7200 Brooklyn Blvd. MECHANICAL SYSTEM'S LICENSE Allied Metalcraft Co. 1750 Thomas Ave. Egan & Sons Co. 7100 Medicine Lk. Rd. RENTAL DWELLING LICENSE Initial - Paul & Mary Jasper 4700, 04 Lakeview Ave. N. Ave. N. r Sally Petersen 7120 Logan Har & a 1 Y Y Dennis & Eileen Brite 7201 Morgan.Ave. N. Timothy & Nancy Phillips 6113 Quail Ave. N. Robert Baltuff 5930 Xerxes Ave. N. Loren Covyeow 4606 65th Ave. N. Renewal: Charles &Linda Sabatke 6306 Brooklyn Dr. Helene Ebhardt 5637, 39 Girard Ave. Roland Scherber 5820 Logan Ave. N. Donald L. Jensen 5547 Lyndale Ave. N. Lewis &'Vivian Hedlund 5316, 20 Russell Ave. N. Raymond & Arlene Breffle 5324, 28 Russell Ave. N. 5332 36 Russell. Ave. N. Robert Nechal , Fred & Judie Swenson 5340, 44 Russell Ave. N. Lucille M..Irwin 5400, 02 Russell Ave. N. Jack & Mary Jane Herrlin 4803 Wingard Place Harold Dripps - 3612 54th Ave. N. Gary W. Anderson 5413 70th Circle SPECIAL FOOD HANDLING LICENSE Children's Palace 5900 Shingle Cr. Pkwy. 9 -28 -81 -15- Voting in favor: Mayor Nyquist, CouncilViembers'Fignar and Lhotka. Voting against: none. The motion passed. ADJOURNMENT These was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Fignar. Voting against: none. The motion passed. The Brooklyn Center E City Counc l adjourned at 10:35 p.m. 1 r Mayor i 9 -28 -81 -16-