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HomeMy WebLinkAbout1981 11-23 CCM Regular Session 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 NOVEMBER 23, 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 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund,- Director of Planning & Inspection Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Maple of the Brooklyn Center Evangelical Free Church. APPROVAL OF MINUTES - REGULAR SESSION OCTOBER 5, 1981, REGULAR SESSION OCTOBER 19, 1981, AND SPECIAL SESSION SEPTEMBER 21, 1981 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the regular City.Council meeting of October 5, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar -, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to ° approve the minutes of the regular City Council meeting of October 19, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the minutes of the special City Council meeting of September 21, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist noted that 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 use the Open Forum session this evening. There being none, he proceeded with the regular agenda items, PRESENTATION OF PUBLIC SERVICE AWARD TO THE BROOKLYN CENTER JAYCEES Mayor Nyquist noted that Mr. Dale Buchholz and Mr. Bud Sorenson of the Brooklyn Jaycees were present this evening to accept an award recognizing the public - service of the Brooklyn Center Jaycees for their work on the City's "Resident Attitude and Preference Survey" conducted in the summer of 1981. 11 -23 -81 -1- Mayor Nyquist presented a plaque containing the Resolution Expressing Recognition Of And Appreciation For the Public Service of The Brooklyn Center Jaycees to Mr. Dale Buchholz and Mr. Bud Sorenson. Councilmember Kuefler commended the Jaycees for their work on the project adding that much useful information was obtained through the survey and that the interaction between the interviewers and the residents surveyed was very positive. ACCEPTANCE OF LETTER OF RESIGNATION FROM REVEREND C. ROGER STACY There was >_a motion by Councilmember Scott and 'seconded by Councilmember Kuefler to accept the resignation of Reverend C. Roger Stacy from the Brooklyn Center Human Rights Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. It was noted that Pastor Stacy would be accepting the position of Senior Pastor at the Babbitt Assembly of God Church in Babbitt, Minnesota and that he would be relocating there in December. SUBDIVISION BOND RELEASE - GROUP HEALTH PLAN SECOND ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to authorize the release of the $1,000 balance of the subdivision bond for Group Health Plan Second Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL'- K -MART RLS (63RD AVENUE NORTH AND BROOKLYN BOULEVARD There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the final plat for K -Mart RLS at 63rd Avenue North and Brooklyn Boulevard, (Planning Commission Application No. 80038) contingent upon receipt and approval of an abstract of title or registered property report; by the City Attorney. Voting in favor Mayor Nyquist,, Councilmembers Kuefler, Fignar,,Lhotka, and Scott. Voting against: none. The motion passed unanimously.' RESOLUTIONS RESOLUTION NO. 81 -220 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following; voted against the same: none, whereupon said resolution' was declared duly passed and adopted. RESOLUTION NO. 81 -221 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -K 11 -23 -81 -2- The motion for the adoption of the foregoing resolution was duly seconded by member. Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -222 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -J The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -223 Member Celia Scott introduced .the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1980 -G (SHINGLE CREEK PARKWAY IMPROVEMENT PROJECT NOS. 1978 -45B, 1978 -46, AND HUMBOLDT AVENUE IMPROVEMENT PROJECT NO. 1980 -07) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene.Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -224 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 75 -31 REGARDING SNOWMOBILING ON CITY OWNED LANDS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1980 -24 (67TH AVENUE NORTH STORM SEWER EXTENSION) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and 11 -23 -81 -3- Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -226 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1980 -24 (67TH AVENUE NORTH STORM SEWER EXTENSION) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the 'following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RESOLUTION NO. 81 -227 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -05 (EARLE BROWN DRIVE WATER MAIN) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted_ in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -228 Member Celia Scott introduced the following resolution and moved its adoptions RESOLUTION PROVIDING"FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -05 (EARLE BROWN DRIVE WATER MAIN) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof': Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none,' whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -229 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -06 (EARLE BROWN DRIVE SANITARY SEWER) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said .resolution was declared duly passed and adopted. 11 -23 -81 -4- RESOLUTION NO. 81 -230 Member Celia Scott introduced the following resolution and moved its adoptions RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -06 (EARLE BROWN DRIVE SANITARY SEWER) The motion for the ,adoption of the foregoing resolution was duly seconded by member Tony, Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -231 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR A PORTION OF IMPROVEMENT PROJECT NO. 1981 -07 (EARLE BROWN DRIVE STORM SEWER) The motion for the'adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same:- none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -232 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR A PORTION OF IMPROVEMENT PROJECT NO. 1981 -07 (EARLE BROWN DRIVE STORM SEWER) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -233 Member Celia Scott the following resolution and moved its adoption: RESOLUTION CONSOLIDATING A PORTION OF STREET IMPROVEMENT PROJECT NO. 1979 -06 (SHINGLE CREEK PARKWAY), STREET IMPROVEMENT PROJECT NO. 1980 -02 (SUMMIT DRIVE), STREET IMPROVEMENT PROJECT NO. 1981 -02 (SHINGLE CREEK PARKWAY), A PORTION OF STORM SEWER IMPROVEMENT PROJECT NO. 1981 -07 (EARLE BROWN DRIVE), AND STREET IMPROVEMENT PROJECT NO. 1981 -08, DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: 'Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 11 -23 -81 -5- - RESOLUTION NO. 81 -234 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NOS. 1980 -02, 1981 -02, AND 1981 -08 AND A PORTION OF IMPROVEMENT PROJECTS 'NOS. 1979 -06 AND 1981 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -235 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -17 (COUNTY STATE AID HIGHWAY 10 STREET) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -236 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1981 -17 (C.S.A.H. 10 STREET) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and - _Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Couneilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: CHRISTMAS E SALES L CH THE ICENSE P.Q.T Company 4007 58th Ave N. FOOD ESTABLISHMENT LICENSE United; Artists Movies of Brookdale 5810 Shingle Cr. Pkwy. PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Hoffman Eng. 6530 James Ave. N. 11 -23 -81 -6- RENTAL DWELLING LICENSE Initial: Donald L. Parkin 5624 Camden Ave. N. Peter & Lillian Ulmaniec 5907 Colfax Ave. N. Michael L. Goodwin 5134 Ewing Ave. N. Jayne C..Pangerl 5354 70th Circle Janice L. Van DenBerg 4406 71st Ave. N. Renewal: Rafael Rocha 5324, 26 James Ave. N. J.G. Strand 5329 Penn Ave. N. Ernest W. Gertzen 5347, A9 Penn Ave. N. Carin Lee Rudolph 5318, 20 Queen Ave. N. Dennis Tollefson 5328, 30 Queen Ave. N. Gene & Anna Gullord 5337, 39 Queen Ave. N. Robert Messersmith 5338, 40 Queen Ave. N. Brian Torola 4708, 12 Twin Lake Ave. N Joseph J. Kennedy 505, 09 61st Ave. N. TEMPORARY ON -SALE BEER LICENSE. St. Alphonsus Church 7025 Halifax Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. SUBDIVISION BOND REDUCTION - MEADOW CORPORATION,.THE PONDS PLATS !II, IV, AND V The Director of Public Works reviewed a transparency showing the location of the Ponds Plats III, IV, and V. He stated that the staff is recommending a reduction in the subdivision bond on Plats III and IV from $62,000 to $10,000 and in Plat V from $40,000 to $10,000. The Director of Public Works reviewed a summary of all the bonds held on the Ponds Plats I through VI. He stated the staff met with the developer approximately a month ago regarding the work items not accomplished and that no progress has been shown in completing the work items. For example, he pointed out, construction of the dike, which is a critical element, has not been completed and that the general condition of Plat V and part of Plat III is not satisfactory. He noted the surface of Plats V and III is sand and gravel and that this is not an acceptable interim condition. He pointed out that with the recommended - reductions in the bonds, the balance of the bonds remaining is in excess of $200,000. Councilmember Lhotka inquired what the developers response was to the unfinished work in The Ponds Development. The Director of Public Works stated the developer believes the City is being quite unreasonable in their requests and feels the dust and tumbleweed problem is not part of the original agreement. He stated the City contends that the area must be brought to an acceptable interim condition. Council- member Lhotka stated that he is concerned that the bond may not be adequate to complete the remaining work as agreed to in the performance agreements. The City Manager noted that the attitude of the developer was not encouraging to complete the remaining work and create an acceptable interim condition. 11 -23 -81 -7- Councilmember Fignar inquired whether the City is holding enough bond for adequate' leverage to complete the unfinished work. The Director of Planning & Inspection stated he believes the amount being withheld on the performance bonds is adequate and noted that the performance bonds held on this development are independent of the subdivision bonds the Director of Public Works has been discussing. Councilmember Lhotka inquired whether any of these items could be accomplished during winter months and whether by not reducing the bond this would be an effective incentive on the developer to complete the work. The Director of Public Works stated that the work could not be accomplished very well in winter and noted that the deadline for the completion of the work by the developer is December 3, 1981. The City; Manager noted that the Council may have the matter brought before them again at a future meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to-table consideration of the subdivision bond reduction for the Meadow Corporation, Ponds Plats III, IV, and V to the first Council meeting in December. Councilmember Lhotka left the table at 7 :39 p.m. RESOLUTIONS CONTINUED The Director of Public Works reviewed a memorandum from the Assistant City Engineer dated November 19, 1981 regarding Supplemental Agreement No. l To Contract 1981 -B. Councilmember Lhotka returned to the table at 7:40 p.m. The Director of Public Works noted that the construction strike in early summer affected contractors on the Shingle Creek Parkway turnlane and construction project. As a result of the labor strikes, he pointed out that during the construction season of 1981 effective coordination.between the modification of the Civic Center access construction at the Brookdale Square Shopping Center and the Shingle Creek Parkway median reconstruction could not be maintained. He noted the strikes resulted in backlogging of work at both the Civic Center and the Brookdale Square to the point where the contractor involved in the Shingle Creek Parkway median modification was not able to complete the work according to the established schedule. Therefore, he pointed out, the contractor was forced to remove equipment from the site and re- mobilize each time additional areas were ready for construction. Councilmember Fignar requested clarification of how the strike affected the change orders. The Director of Public Works pointed out that Thomas Construction was not effected by the strike in the early stages but that he was delayed by other contractors on strike at the time. He pointed out that Thomas Construction was ready to perform the required work but was delayed due to other striking contractors. He pointed out the strike was beyond the control of Thomas & Sons Construction and the items to be built by other contractors were to be in place before Thomas & Sons Construction could start work. RESOLUTION NO, 81 -237 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NUMBER 1 TO CONTRACT 1981 -B (SHINGLE CREEK PARKWAY IMPROVEMENT PROJECT NO. 1981 -02 AND FREEWAY BOULEVARD IMPROVEMENT PROJECT NO. 1981 -04) 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -23$ Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION TO AMEND THE 1982 GENERAL FUND BUDGET 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -239 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION URGING THE ELIMINATION OF STATUTORY INTEREST RATE LIMITATIONS 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: -none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -240 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION URGING THE CONTINUANCE OF TAX EXEMPT STATUS FOR MINNESOTA FIREFIGHTER AND POLICE RELIEF ASSOCIATIONS 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same:: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -241 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION URGING IMMEDIATE ACTION BY THE LEGISLATURE TO RESOLVE THE STATE'S SHORT -TERM CASH FLOW AND LONG -RANGE DEFICIT PROBLEMS 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 11 -23 -81 -9- RECESS The Brooklyn Center City Council recessed at 8 :00 p.m. and reconvened at 8:20 p.m. PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM SHINGLE CREEK DEVELOPMENT COMPANY The City Manager explained the public hearing on the proposed IRB project is for Shingle Creek Plaza II, a 78,500 square foot office, warehouse, service center facility to be located at the intersection of Freeway Boulevard and Xerxes Avenue. He pointed out the site and building plan for the project was approved at the last Council meeting and noted that a representative of the developer is present this evening. Councilmember Fignar requested information regarding the number of jobs which would be created by the project. Mr. Al Beisner representing Shingle Creek Development Company pointed out that there would be between 200 and 350 jobs created by the project. Councilmember Fignar then inquired what the completion date for the project would be. Mr. Beisner ° tated that the project is scheduled for completion in July or August of 1982. Councilmember Lhotka inquired as to the total cost of the project. Mr.- Beisner explained the total project cost would be $2,200,000. Councilmember Lhotka then inquired as to the type of jobs which would be created by the project. Mr. Beisner pointed out that they range from unskilled to semi- skilled to skilled. He added that the low ceiling of the proposed building is geared to light manufacturing and technical occupations Councilmember Scott inquired what would happen if industrial revenue bonds are eliminated by the federal government. The City Attorney stated that in his opinion, if any project is underway, that project would not be affected by any elimination of the IRB program bI the federal government. Councilmember Lhotka inquired whether the bonds would be placed publicly or privately. Mr. Beisner pointed out that the bonds would be privately placed with the First National Bank. Mayor Nyquist opened the meeting for the purpose of a, public hearing on an industrial development revenue bond proposal from Shingle Creek Development Company. 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 Fignar to close the public hearing on an industrial development revenue bond proposal from Shingle Creek Development Company,. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed unanimously. Councilmember Lhotka inquired of the Director of Finance what impact IRB's would have on the City's finances. The Director of Finance stated that supposedly the IRB's have no effect on the City's credit rating but we are required to show IRS's on the City's financial report. He stated he is not sure if it will have an effect on the City's credit rating. RESOLUTION NO. 81 -242 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES AND REAL ESTATE FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS 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, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. PLANNING, COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 81056 SUBMITTED BY JOANN JORGENSON FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LAND AT 6610 AND 6624 COLFAX AVENUE NORTH INTO THREE LOTS Councilmember Fignar stated that he would abstain on any discussion or action regarding the Application No. 81056 since he is one of the partners in the project. Councilmember Fignar left the table at 8:30 p.m. The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 2 of the November 5, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81056. He proceeded to review the location of the subject parcel using transparency which showed the preliminary plat submitted by the applicant. Councilmember Fignar returned to the table at 8:35 p.m. The Director of Planning & Inspection pointed out that the Planning Commission, following the public hearing, recommended approval of Application No. 81056 at its November 5, 1981 meeting subject to four conditions which he reviewed for Council members. He also pointed out that the Planning Commission, at its November 5, 1981 meeting, acknowledged the withdrawal by the applicant of Application No. 81057 which accompanied Application No. 81056. He noted that the variance requested in Application No. 81057 was no longer necessary and that the Planning Commission recognized the applicant's withdrawal of this application. The Director of Planning .. & Inspection pointed'out•that notices of hearing had been sent regarding Application No. 81056 and that a representative of the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81056. He inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing on Application No. 81056. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. .Voting against: none. Councilmember Fignar abstained from the vote'. 11 -23 -81 -11- There w,s a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Application No. 81056, preliminary plat approval to subdivide land at 6610 and 6624 Colfax Avenue North into three lots, subject to the following I' conditions: 1 The final plat is subject to approval b the City t Engineer. Pp C En Y Y g 2 The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Lot width for Lot 2 of 74.66' at the front setback line is considered to meet the minimum lot width requirement of 75' by virtue of rounding the measurement to the nearest foot. F 4. No building permit for the proposed Lot 2 shall be issued until the final plat has been approved by the City Council, and filed with the F County. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. Councilmember Fignar abstained from the vote. PLANNING COMMISSION APPLICATION NO. 81068 SUBMITTED BY KAREN KOTILA -GOGA FOR A SPECIAL USE PERMIT TO OPERATE A BEAUTY SHOP IN THE BASEMENT OF THE HOME AT 3701- 69TH AVENUE NORTH The Director of Planning & Inspection presented and reviewed pages 2 through 4 of the November 5, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81068. He reviewed the 'location of the subject parcel and noted that the applicant has submitted a letter indicating the hours of operation she is requesting for the beauty shop. He stated that the Planning Commission held a public hearing on Application No. 81068 at its November 5, 1981 meeting at which no one appeared to speak except the applicant. He added that the Planning Commission recommended approval of the application subject to seven conditions which he reviewed for Council members. He noted that the proper notices of hearing had been sent and that a representative of the applicant is present this .evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81068. He inquired if anyone was present who wished to speak either against or for the application. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to close the public hearing on Application No. 81068. Voting in.favor: Mayer Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka suggested that as a condition of approval the addition of an exit sign indicating the exit from the beauty shop be required. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 81068 subject to the following conditions: 11 -23 -81 _12_ 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. 3. A copy of the current State operator's license shall be kept on file with the City. 4. All parking related to the special use shall be off - street on improved space provided by the applicant. 5. The hours of operation shall be Wednesday through Friday from 9:00 a.m. to 9:00 p.m. and Saturday from 8:00 a.m. to noon. All customers will be received on an appointment -only basis II ' 6. The operation shall conform to the recommendations of the Building Official's report prior to the issuance of the special use permit. 7. The applicant shall provide a chemical type fire extinguisher within the home beauty shop area prior to the issuance of the special use permit. 8. The applicant shall provide an exit sign which shall conform to the recommendations of the Building Official.` Voting in- favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OFF SITE ACCESSORY PARKING The City Manager explained that the ordinance offered for a first reading this evening is an attempt to obtain more flexibility with regard to off site accessory parking, The Director of Planning & Inspection pointed out that this ordinance amendment would provide that.accessory parking be permitted only on properties located in districts zoned commercial and industrial and on properties which are institutional uses in residential zones. He noted that the ordinance does allow use of a more restrictive zone, for example, a'C -2 zone could use _a C -1 Zone for accessory parking. He stated that the ordinance also eliminates the two year residency requirement for accessory parking which is currently in the ordinance. There was -a motion by Councilmember Fignar and seconded by.Councilmember Kuefler to approve for first reading an Ordinance Amending „Chapter 35 Of The City Ordinances Regarding Off Site Accessory Parking. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion . passed unanimously. 11 -23 -81 -13- DISCUSSION ITEMS APPEAL OF JUDGE'S.RULING ON ARBITRATION REGARDING SHIFT SCHEDULING IN THE POLICE DEPARTMENT The City Manager explained that the ruling of the arbitrator regarding the shift scheduling arbitration was appealed in District Court. He noted that the City lost the decision in court and that the City must return to a schedule which is not as flexible as the staff would like. He noted that the decision reflected a recent Supreme Court ruling with regard to past practices and that this requires the City to return to the 1980 shift schedule in the Police Department. He stated he believes the situation can be corrected without an appeal and that the City Attorney and the Labor Relations Consultants for the City recommend against any appeal of the Court's decision. He stated he believes the City can negotiate a - more flexible schedule or achieve it through an interest arbitration.- CONSIDERATION OF REVOCATION OF BEER LICENSE FOR PIZZA FEAT RESTAURANT, HUMBOLDT SQUARE SHOPPING CENTER The City Manager reviewed his memorandum regarding the revocation of the "Pizza' Feat's" beer license. He also reviewed a motion recommended by the staff for adoption by the City Council regarding the revocation of the beer license. He reviewed the process which is required by state law for revocation or 'suspension of a beer license and pointed out the staff is recommending that a hearing officer be appointed to conduct the hearings and that the staff is recommending, with the concurrence of the City Attorney, that Mr. Jeff Carson be appointed as the hearing officer. Councilmember Scott requested clarification of how the process would work. The City Attorney pointed out that by law revocation of a liquor license does not take effect until a hearing is held where the individual can appear and confront the City and the City's witnesses He stated that the hearing is required and that the hearing officer is suggested due to the anticipated length of the procedure which would be from three to four hours. He pointed out that the City Council can also hold an informal hearing if they choose to do so. He added that the Supreme Court now requires a formal hearing under the Administrative Procedures Act. Councilmember Scott stated that the City's police officers should be complimented for their restraint in dealing with the problem at the Pizza Feat Restaurant. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to authorize the staff to proceed with the necessary arrangements for a formal hearing to be held prior to December 21, 1981, to consider revocation of the "Pizza Feat's" beer license and to authorize the staff to appoint Mr. Jeff Carson as the hearing officer as per the City Attorney's recommendations. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a- motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.. The Broo yn -Cente City Council adjourned at 9:10 p.m. ler Mayor 11 -23 -81 -14-