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HomeMy WebLinkAbout1981 06-08 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 JUNE 8, 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 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Ton Kuefler, Bill Fignar, Gene Lhotka, and Y Yq � Y 5 Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections Ron Warren, Assistant City Engineer Jim Grube, Director of Parks and Recreation Gene Hagel, City Attorney Richard Schieffer, City Assessor Peter Koole, and Administrative Assistant's Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Mayor Dean Nyquist. APPROVAL OF MINUTES MAY 18, 1981 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of May 18, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. Councilmember Kuefler abstained from the vote as he was not present at the May 18, 1981 meeting. OPEN FORUM Mayor Nyquist noted that the Council had not received any requests to use the Open Forum session this evening and inquired of the audience if there was anyone present who wished to address the Council this evening, there being none he proceeded with the regular agenda items explaining that he would 'keep the Open Forum session open until 7:30 p.m. CONTINUATION OF BOARD OF EQUALIZATION The City Manager explained that the Board of Equalization meeting held on June 1, 1981 had been continued to.this evening's Council meeting to allow the staff time ' to review the petitioners that were referred back to the staff for further review. The City Assessor explained that five petitioners were referred back to the staff for their review and that he has provided the Council with a brief summary of the staff's review on the five properties, noting that supporting data is included for those properties that were re- inspected. The City Assessor reviewed Case No. 1, Gene Sorby of 6437 Emerson Avenue North, Property Identification No. 36- 119 -21 -32 -0084. He explained Mr. Sorby declined to have the review inspection scheduled and after talking to the appraiser felt his valuation was in line with the neighborhood and his recent purchase was not necessarily at market value. The City Assessor explained there is no action required on this case by the Board. The City Assessor proceeded to review Case No. 2, Robert Melina of 3919 61st Avenue North, Property Identification No. 03- 118- 21 -21- 0127. He explained Mr. Melina also declined the re- inspection after discussing the assessment with the appraiser and that no action is required on this case. 6 -8 -81 -1- The City Assessor proceeded to review Case No. 3, Paul Linton of 6915 Indiana Avenue,North, Property Identification No. 27- 119 -21 -34 -0005. He noted that the staff has completed the re- inspection of Mr. Linton's property and found that the property did appear to be overassessed as a result of the condition of the property. He explained the staff is therefore recommending that Mr. Linton's assessed valuation on the property at 6915 Indiana Avenue North be changed from 46,800 to $41,300. The City Assessor reviewed Case No. 4, Earl Dukatz of 5655 Northport Drive, Property Identification No. 03- 118 -21 -42 -0009. He explained the staff re- inspected Mr. Dukatz's house and as a result recommends the property be adjusted as a result of his previous non - response to a request to reappraise his property. He explained the staff is recommending a reduction of the assessed valuation on Mr. Dukatz's house and property at 5655 Northport Drive from $74,800 to $57,700. The City Assessor explained the final case for review this evening is from Audrey Alford of 5306 Camden Avenue North, Property Identification No. 01- 118 -21 -43 -0077. He explained upon reappraisal of Ms. Alford's house on June 5, 1981 the staff found the recent assessment to be in order. He explained the staff is therefore recommending that the valuation on Ms. Alford's property at 5306 Camden Avenue North remain at $43,800. He explained that all Properties (Cases 3 through 5) have been notified of the staff's recommendations to the Board and the date and time of the meeting this evening. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the City Assessor's recommendations regarding the valuation's of the Properties in the above described Cases and as stated in the June 5, 1981 memorandum.' from the City Assessor to the Brooklyn Center Board of Equalization. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ISLAND PONDS HOMEOWNERS' ASSOCIATION The City Manager reviewed, for Council members, M & C No. 81 -8 dated May 27, 1981 which discussed the problems and concerns of the Island Ponds Homeowners! Association. The City Manager reviewed the concerns of the Association including the storm sewer outlet which runs Northwest off the corner of 71st Circle and Unity Avenue, the problem of tumbleweeds and blowing debris, a rock dam which was constructed by the developer on the Western edge of the Ponds Development and is in a deteriorating condition, and the request that the City look into the feasibility of vacating Unity Avenue in the area of the Ponds Development. After reviewing the concerns expressed in the M & C by the Homeowners' Association, the City Manager stated, if the Council wishes, the staff will do more in depth research into these problems and report back to the Council and the Association. Councilmember Kuefler inquired whether the dead - ending of Unity Avenue was intended to discourage North -South traffic from going through the development. The City Manager explained that this was the reasoning behind the request by the Homeowners' Association and pointed out that the staff has not yet recommended this alternative. Mayor Nyquist recognized Mr. Ward Whalen of 5357 71st Circle North. Mr. Whalen addressed the Council and thanked the City Manager, the Director of Public Works and the Director of Planning & Inspections for their cooperation in receiving the Homeowners' Association's requests and concerns. He explained that part of the Homeowners' Association's concerns center around a dispute between UD Contracti & Meadows Corporation which resulted in a lien of $168,000 being placed against each of the homes in the development with the result being that the homeowners could not sell their homes without placing $1500 in an escrow account. 6 -8 -81 -2- Mr. Whalen noted that there has been difficulty with vandalism and break -ins in the area of the Island Ponds Development. He explained the Homeowners' Association has requested that Unity Avenue be dead -ended but that if this is not possible there next alternative would be to have the Circle Streets dedicated as public streets. He added that, regarding the Association's request for installing a grate of some type that would trap the debris coming through the Pipe under�69th Avenue, the Association would maintain the grate if it was installed at 69th Avenue. He explained the Island Ponds Homeowners' Association has erected a fence to help keep small children out of the pond area and that a performance bond with the developer to clean up the undeveloped area is still in effect and that this area in the portion of land which is generating the tumbleweed problem. He stated the Homeowners' Association maintains $1,000,000 in liability insurance on the entire area. Mr. Whalen noted there is also a problem with debris thrown along Unity Avenue and that the homeowners on Unity also have a difficult time getting access onto Unity because of the serious traffic problem. Mr. Whalen concluded his remarks by noting that a majority of the homeowners at the general membership meeting of the Association approved the recommendation to close Unity Avenue and that if Unity Avenue cannot be dead -ended to make the Circle Streets in the development public roadways. Mayor Nyquist recognized Mr. Greg Gibson who stated that he lives on Unity Avenue and works north of Unity Avenue, He stated that he would not like to see Unity Avenue closed and that the problem of access for police and fire vehicles should be considered in the request to close Unity Avenue. Mr. Whalen stated that he would request the matters discussed at this evening's meeting to be referred to the City staff for further research. Councilmember Fignar inquired whether Plats 6 and 7 of the Ponds Development include private streets. The City Manager explained the two Plats include private streets maintained by the owner. Mayor Nyquist inquired what the Council's wishes were regarding this matter. Councilmember Kuefler stated he believes the concerns warrant further research by the staff. Councilmember Scott stated that she would like input from the police department and fire department regarding the concerns expressed this evening. The City Manager explained that presently the staff work load is very tight and that the research required for this item may not be able to be completed q Y P until late this fall. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to direct the staff to.review the feasibility of the Island Ponds Homeowners' Association's request as stated in the City Manager's M & C No. 81 -8 dated May 27, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka and Scott. Voting against: none, the motion passed unanimously. PERFORMANCE BOND REDUCTIONS /RELEASES The City Manager referred Councilmembers to a memorandum from the'City's Building Official which recommended the total release of the performance 6 -8 -81 -3- guarantee on Real Estate 10 located at 7240 Brooklyn Boulevard, and the reduction of the performance guarantee on the MTC located at 6845 Shingle Creek Parkway from $160,000 to $20,000. Councilmember Lhotka stated, with regard to the performance guarantee held on the MTC he would recommend the reduction of the guarantee to $60,000 rather than $20,000 in light of the work that remains to be done on the site. The Director of Planning & Inspections explained that generally, performance agreements are completed within one year of issuance and that the City has the authority to reduce portions of the guarantees as the work is completed. Councilmember Kuefler inquired whether the reduction on the MTC performance guarantee to $20,000 is equitable. The Director of Planning & Inspections stated that he believed it was equitable for the remaining landscaping to be accomplished and also for the placement of the trash receptacles. Councilmember Lhotka stated that the reason for his request is that there has been some problems in accomplishing the remainder of the project and that he believes the $60,000 would be an incentive to complete the project. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to release the performance guarantee on Real Estate 10, located at 7240 Brooklyn Boulevard and to reduce the performance guarantee on the MTC located at 6845 Shingle Creek Parkway from $160,000 to $60,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting - against: none, the motion passed unanimously. SUBDIVISION BOND RELEASE -TWIN LAKE WOODS THIRD ADDITION The City Manager referred Councilmembers to a memorandum from the Director of Public Works regarding the Twin Lake Woods Third Addition Subdivision cash deposit release. He explained an inspection made by the City staff on May 13, 1981 indicates that all required improvements have been accomplished as provided in the performance guarantee and that the staff is recommending release of the subdivision cash deposit. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to release the subdivision cash deposit for Twin Lake Woods Third Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scout. Voting against: none, the motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution authorizing the Brooklyn Center Volunteer Fire Department to use a certain house in the City of Brooklyn Center for training purposes. e RESOLUTION NO. 81 -111 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE A CERTAIN HOUSE IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES 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. 6 -8 -81 -4- The City Manager introduced a resolution to amend Capital Projects Fund Appropriations and explained that this resolution amends the appropriations of certain Park Improvement Project accounts within the Capital Improvements Fund and will put the appropriations in balance. He added that the staff has prepared an additional report for this item. He stated that M & C No. 81 -8 regarding Capital Improvement Fund adjustments is self explanatory pointing out that there are two outstanding projects with regard to park development, those being Central Park and the Palmer Lake Basin. • The City Manager noted that the F & M Exercise Trail Grant has been approved by the State. Administrative Assistant Hoffman noted that the Federal approval of this grant is pending. With regard to the shelter building and landscaping for Central Park, the City anticipate si State approval of funds for these improvements. The City Manager explained the main problem is that with the federal funds there is a lack of certainty of the federal government's 50% contribution, emphasizing that the assurance of the 50% funding is lost. He explained the City Council has the authority to use the bond issue funds in both Central Park and the Palmer Lake Basin. He added that the City is in good shape with the work being accomplished with bond issue funds. Councilmember Kuefler inquired how the $1,487,000 amount compares to the estimate for the park improvements. The City Manager explained this figure is the estimate and that it is still a reliable estimate. Administrative Assistant Hoffman pointed out the $701,000 is the sum total of all the local money required to accomplish all the projects, in conjunction with the State funds and without Federal funds, for Items 5 through 6, A to E. The City Manager stated the baseball lights in Central Park present the most difficult problem in cost estimates, but that the remaining estimates look to be in very good.shape. Councilmember Kuefler inquired whether the $188,000 is the amount to be transferred from the Capital Improvement Fund and whether this was the full amount to be transferred from the fund. The Director of Finance explained that the $188,000 was the total amount to be transferred to put the appropriations for current projects in balance. Councilmember Lhotka requested that the staff prepare an update as the projects progress which would provide information concerning the total amount spent on the various park projects. The City Manger explained that the accounts are set up by Federal Funding Project designations and that the accounts may include several separate park projects. He added that the staff may have to do some summarizing to separate out the costs of the various projects, but that the staff should be able to accomplish this. RESOLUTION NO. 81 -112 Member Celia Scott introduced the following resolution and moved its adoption: . RESOLUTION TO AMEND CAPITAL PROJECTS FUND 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, Tony Kuefler, Bill Fignar, Gene Lhotka,_Celia Scott, and Bill Fignar; and the following voted against the same; none whereupon said resolution was declared duly passed and adopted. 6 -8 -81 -5- i RECESS The Brooklyn Center City Council recessed at 8:20 p.m. and reconvened at 8:30 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Planning Application No. 81016 -A submitted by Brooklyn Center Industrial Park for amended prelimary RLS approval to create two lots rather than one on the property presently occupied by the old Brooklyn Center library and two vacant single family residences. He explained this item was recommended for approval by the Planning Commission at its May 21, 1981 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages l through 3 of the May 21, 1981 Planning Commission minutes and also the Planning Commission.information sheet prepared for Application No. 81016 -A. The Director of Planning & Inspections explained that most of the discussion at the Planning Commission meeting centered on the application creating a tract of land less than 1 acre in size, pointing out that the proposed comprehensive plan of the City recommends that a minimum 1 acre lot be retained in commercial areas. He explained if approved the site will be occupied by the Girl Scouts. The Director of Planning & Inspection noted that, following the public hearing the Planning Commission recommended approval of Application No. 81016 -A subject to four conditions which he reviewed for:Council members. Councilmember Lhotka stated that he has a concern over the apparent contradiction with the comprehensive plan recommendations for a 1 acre site. The City Attorney stated municipalities generally rely on planning materials whether they have been approved or not, noting that the City's comprehensive plan is a plan for develop - ment and is not a binding document. He commented that the development compre- hended in this application should not require a comprehensive plan amendment. The Director of Planning & Inspection stated this application may meet the standards for a variance even if the proposed comprehensive plan is adopted with the 1 acre lot size recommendation for commercial property. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81016 -A and inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak and Mayor Nyquist 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. 81016 -A. 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 Application No. 81016 -A subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. i 3. The two single family residences and all accessory structures, fences or walls. not a part of the library buildin g property shall be removed from the proposed Tract B prior to final approval of the City Council j for this Registered Land Survey. The foundations for these buildings shall be filled in and disturbed areas are to receive top soil and suitably seeded or sodded in order to maintain a viable turf. 6 -8 -81 -6- 4. Occupancy for the old library building shall not be granted until the Registered Land Survey has been given final approval by the City Council and filed with the County. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City'Manager introduced Planning Commission Application No. 81022 submitted by the Brooklyn Development Company for rezoning of a 5.6 acre tract of land at the corner of Shingle Creek Parkway and Xerxes Avenue North. He explained this item was recommended for approval by the Planning Commission at its May 21, 1981 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages 8 through 9 of the May 21, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81022. The Director of Planning & Inspection pointed out that the Council has previously approved the Townhouse Development east and west of the subject parcel in this application. He noted the Planning Commission reviewed this application at its May 7 and May 21, 1981 meeting and recommended approval of the application. He noted the Planning Commission held a public hearing on the application and following the public hearing the commission recommended approval of the application. The Director of Planning & Inspection explained a public hearing has been scheduled for Application No. 81022 this evening and that the proper notices regarding the public hearing had been set Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81022 and inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized Mr. Richard Theis of the Brooklyn Center Planning Commission who addressed the Council and stated that the Planning Commission and the neighborhood surrounding the site are in agreement with the application and recommend approval. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Application No. 81022. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Application No. 81022, on the grounds that it is consistent with the guidelines for evaluating rezoning. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Planning Commission Application No. 81030 submitted by Pontillo's Pizza for site and building plan approval for a 100 seat restaurant at the southerly quadrant at the intersection of Earle Brown Drive and Summit Drive. He also introduced Planning Commission Application No. 81031 submitted by Pontillo's Pizza for a special use permit to operate a recreation room with 7 electronic games in the proposed 100 seat restaurant at 5937 Summit Drive. He added that both.applications had been recommended for approval by the Planning Commission at its May 21, 1981 meeting. 6 -8-81 -7- The Director of Planning &Inspection presented and reviewed for Council members pages 3 through 5 of the May 21, 1981 Planning Commission minutes in which Applications No. 81030 and No. 81031 were discussed and he also reviewed for Council members the Planning Commission information sheets prepared for the applications. With regard to Application No. 81030 he noted that the Planning Commission's discussion centered around access to the site. In review of Application No. 81031 he noted the applicant has requested a special use permit for electronic games and pinball machines for the convenience of the customers and not as a separate place to draw additional customers. The Director of Planning & Inspection stated the Planning Commission recommended approval of both applications subject t conditions which he reviewed for Council S t O C d PP PP J members. He pointed out that a representative of the applicant is present at this evening's meeting and the proper notices for the public hearing on the special use permit have been sent, Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81031 and inquired if there was anyone present who wished to speak either against or for the application. Councilmember Kuefler stated that he had a question of the applicant regarding the operation of the other metro area Pontillo Pizza restaurants. The applicant noted that the Bloomington site has electronic games similar to those planned for the Brooklyn Center site and that there has been no problems with the games at the Bloomington store. Councilmember Kuefler pointed out to the applicant that the City has had a problem with businesses featuring electronic games in the past and that he trusted there will be no problems with the games at the proposed restaurant. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Application No. 81031. 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 Scott to approve Application No. 81030 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 issuance of permits. 3. A.site performance agreement and supporting financial guarentee (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. s 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 and in accordance with Chapter.5 of the City Ordinances. 6 -8 -81 -8- 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..,B curb and gutter shall be provided around all parking and driving areas. 9. The plans shall be modified to indicate appropriate quantities of land - scape items prior to the issuance of building permits. 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 Application No. 81031 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 permit is subject to all applicable codes, ordinances, regulations, and violations thereof shall be grounds for revocation. 3. House rules shall be clearly posted in the establishment and consistently enforced. The applicant shall submit a copy of any such rules to the Director of Planning & Inspection prior to the issuance of the special use permit. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,'Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Planning Commission Application No. 81032 submitted by Lynbrook Bowl for site and building plan approval to construct a 6,446 sq. foot addition for a 230 seat restaurant at 6357 North Lilac Drive and also Planning Commission Application No. 81033 submitted by Lynbrook Bowl for a variance to allow for the expansion of a building which is nonconforming as to setback, on the grounds that the standards for variance are met. He pointed out that the Planning Commission, at its May 21, 1981 meeting, recommended approval of both applications The Director of Planning & Inspection presented and reviewed for Council members pages 5 through 7 of the May 21, 1981 Planning Commission minutes which contained a discussion of Applications No. 81032 and No. 81033, and also reviewed for Council members the Planning Commission information sheets prepared.for the applications. He explained in discussion of the applications the Planning Commission discussed the berming on North Lilac Drive and the various parking islands proposed which` would receive curb and gutter and wood mulch instead of plantings. He noted that with regard to the request for the variance the Planning Commission noted that' the hardship and unique situation resulted from the highway taking of a portion of the property for right -of -way purposes. He explained the Planning Commission recommended approval of.Application No. 81033 noting that the standards for a variance are met. He also explained that the Planning Commission recommended approval of Application No. 81032 subject to eleven conditions which he reviewed for Council members. As requested by the Council, the Director of Planning & Inspection reviewed the floor plans and elevations of the proposed restaurant facility. 6 -8 -81 -9- The Director of Planning & Inspection explained a public hearing has been of hearing n scheduled for Application No. 81033 and that the proper notices g had been sent and that the applicant was present at this evening's meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81033 and inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak and the Mayor 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 81033. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. i There was a motion by Councilmember Fignar and seconded by Councilmember Scott for site and building plan approval to e Application 8103 2 a request uest g to a roe 1 , approve q construct a 230 seat restaurant addition to the Lynbrook Bowl at 6357 North Lilac Drive, 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The entire 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 allsignery which is subject to Chapter 34 of the City Ordinances. 8. B 612 curb and gutter shall be provided around all parking and driving areas. 9. The plans shall be modified prior to the issuance of building permits to provide additional berming along North Lilac Drive and to indicate B 612 curb and gutter around the island areas. 10. The property is required to be re- platted in accordance with Secition 35 -540 City Ordinances. The final plats will be approved,by - the City Council and filed with the County prior to the issuance of building permits for the restaurant addition. 6 -8 -81 -10- 11. The building exterior, other than the facebrick treatment along the front side of the building, shall be uniform in color on both the existing building and the new add tion. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scout. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Application No. 81033, a reques for a variance to allow for the expansion of a building which is nonconforming as to setback, on the grounds that the standards for a variance are met. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTIONS CONTINUED The'City Manager introduced a resolution approving and authorizing execution of subdivision agreement for Earle.Brown Farm Estates and explained that this is the R -3 property lying westerly of Xerxes Avenue between I -94 and Shingle Creek Parkway. The Director of Public Works explained the builder has requested a change be made in the subdivision agreement regarding the requirement that the special assessments must be paid at the time of transfer of the property from Dominion Development Corporation to DeVries Builders. - He explained the change would require that, upon conveyance from the su divider to the prospective property owners. DeVries Builders would then pay all the assessments rather than at the time of transfer from the Dominion to DeVries. He explained that DeVries Builders will pre -pay all assessments prior to transferring the property to the individual owners, adding that the staff sees no problem with this procedure. RESOLUTION 81 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING EXEU ION OF SUBDIVISION AGREEMENT FOR EAF.LE BROWN FARM ESTATES The motion for the adoption of the forego resolution was duly seconded by member Bill- Fignar and upon vote being taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Tony Xuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing Street Improvement Project No. 1981 -18, Sidewalk Improvement Project No. 1981 -19, and Storm Sewer Improvement Project No. 1981 -20 (Freeway Boulevard), accepting Engineer's report, and providing for public hearing on proposed Improvement Projects No. 1981 -18, 19, and 20_ The Director of Public Works explained that the Street Improvement Project will be assessed 100% against the Industrial Park Property owners on the North half of the project area. He noted that the Sidewalk Improvement Project will be assessed to the R -3 residential area South of Freeway Boulevard, and the Storm Sewer Project will be assessed against the entire development including the commercial area. He stated that the public hearing required for the project will be held July 13, 1981. 6 -8 -81 -11- RESOLUTION NO. 81 -114 Member Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING STREET IMPROVEMENT PROJECT NO. 1981 -18, SIDEWALK IMPROVEMENT PROJECT NO. 1981 -19, AND STORM SEWER IMPROVEMENT PROJECT NO. 1981 -20 (FREEWAY BOULEVARD), ACCEPTING ENGINEER`S REPORT, AND PROVIDING FOR PUBLIC HEARING ON PROPOSED IMPROVEMENT PROJECTS NOS. 1981 -18, 19, AND 20 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: 'Mayor 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. The City Manager introduced a resolution establishing Project: Concrete Curb and Gutter Repair Project No. 1981 -21. He explained this project consists of repair and replacement of defective, settled, or raised concrete curb and gutter segments throughout the City, adding that this item was included in the approved 1981 Public Works Department budget. RESOLUTION NO. 81 -115 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CONCRETE CURB AND GUTTER IMPROVEMENT PROJECT NO. 1981 -21 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. The City Manager introduced a resolution approving plans and specifications and directing advertisement for bids for Shingle Creek Trailway (Part I) Improve- ment Project No. 1978 -42, Shingle Creek Trailway (Part II) Improvement Project No. 1980 -10, 69th Avenue North Pedestrian Trail Improvement Project No. 1981 -12, Parks Improvement Project No. 1981 -14, and Storm Sewer Improvement Project No. 1981 -16 (Contract 1981 -E). The City Manager explained that the F.& M Trail was deleted from the Projects included in the Resolution since federal funds would be lost if the project were acted upon this evening.' The Assistant City Engineer reviewed the Improvement Project for Contract No. 1981 -E noting that they included completion of the Shingle Creek Trailway System from County Road 10 to County Road 130 by construction of a pedestrian and bicycle trail along Shingle Creek from I -94 to County Road 130. The additional projects included construction of Shingle Creek Parkway Trailway System from County Road 130 to the north corporate limits and from County Road 10 to the south corporate limits, including a pedestrian and bicycle trail in Lions Park__and the:_PalWr_. Lake Basin, a pedestrian/bicycle bridge at Shingle Creek North of County Road 130, construction of a pedestrian trail along 69th Avenue North from Shingle Creek to Oliver Avenue North, construction of concrete curb and bituminous surfacing in neighborhood parks, construction of pedestrian trails in Central Park Garden City Park, and the extension of the Storm Sewer in Lions Park from the intersection of 54th Avenue and Russell Avenue to Shingle Creek. 6 -8 -81 -12- RESOLUTION NO. 81 -116 Member.Gene Lhotka introduced the followin resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SHINGLE CREEK TRAILWAY (PART I) IMPROVEMENT PROJECT NO. 1978 -42, SHINGLE CREEK TRAILWAY (PART II) IMPROVEMENT PROJECT NO. 1980 -10, 69TH AVENUE NORTH PEDES- TRIAN TRAIL IMPROVEMENT PROJECT NO. 1981-12, PARKS IMPROVEMENT PROJECT NO. 1981 -14, AND STORM SEWER IMPROVEMENT PROJECT NO. 1931-16 (CONTRACT 1981 -E) The motion for the adoption of the foregoi g resolution was duly seconded by member Celia Scott, and upon vote being to en thereon, the following voted in favor thereof: Mayor Dean Nyquist, Tony K efler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted agai st the same: none, whereupon said resolution was declared duly passed and adppted. The City Manager introduced a resolution all proving plans and specifications and directing advertisement for bids Contract o. 1981 -F and explained this Contract consists of the installation of 63rd Avenu Water Main Improvement Project No. 1981 RESOLUTION NO. 1981 -117 Member Tony Kuefler introduced the followi g resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR WATER MAIN IMPROVEMENT PROJECT N0. 1981 -11 (CONTRACT 1981 -F) 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: Mayor Dean Nyquist, Tony Fuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving plans and specifications and directing advertisement for bids for Contract 1981 -G. He explained this Contract bonsists of Improvement Project No. 1981- 3, construction of *pedestrian ramps at various locations in the City and Improve ent Project No. 1981 -21, concrete curb and gutter repair in the City. RESOLUTION NO. 81 -118 I Member Celia Scott introduced the following resolution and moved its adoption: II, RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SIDEWALK IMPROVEMENT PROJECT NO. 1981 -13 AND CURB AND GUTTER REPAIR PROJECT NO. 1981 -21 (CONTRACT 1981 -G) The motion for the adoption of the forego resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted aga the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting work performed on Contract 1980 -F: Installation of traffic control signal at intersection of Freeway Boulevard /65th Avenue North at Humboldt Avenue North. Councilmember Lhotka inquired whether the project was over or under the Engineer's estimate. The Director of Public Works explained that the project was on budget including the change order. 6 -8 -81 -13- RESOLUTION NO. 81 -119 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1980 -F (TRAFFIC SIGNAL- HUMBOLDT AVENUE NORTH AND FREEWAY BOULEVARD) 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: Mayor Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting work performed on Contract' 1980 -J (Reforestation). RESOLUTION NO. 81 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1980 -J (REFORESTATION) 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: Mayor '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. The City Manager introduced a.resolution accepting work performed on Contract 1980 -L: Brookl'ane Park Shelter Building, Garden City Park Shelter Building, and Central Park Picnic Shelter Building. In discussion of the resolution Councilmember Lhotka inquired whether the project was over or under the Engineer's estimate. The Director of Public Works stated that the resolution indicates the original award and change orders were within the budget. s RESOLUTION NO. 81 -121 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1980 -L (SHELTER BUILDING PROJECTS NOS. 1980 -17, 18, 19) 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. The City Manager introduced a resolution accepting work performed on Project No. 1980 -09: Sidewalk on southside of 69th Avenue North between Bryant Avenue and Dupont Avenue. RESOLUTION NO. 81 -122 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1980 -G (69TH AVENUE SIDEWALK IMPROVEMENT PROJECT 1979 -9) The motion for the adoption of the foregoing resolution was duly seconded by 6 -8 -81 -14- member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Mayor 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. ORDINANCES The City-Manager introduced an ordinance amending the Brooklyn Center Charter and explained the public hearing on the proposed Charter Amendment amending Section 12.05, Sales of Real Property, was held at the April 6, 1981 City Council meeting and that the ordinance amendment was offered for first reading at the April 20, 1981 meeting, published on April 30, 1981 nd is recommended for a second reading this evening. ORDINANCE NO. 81 -5 Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the forego ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Tory Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 3 of the City Ordinances adopting the 1980 State Building Code by reference and deleting certain fees. He explained this ordinance was first read at the May 18, 1981 meeting, published on May 28, 1981 and is recommended fora second reading this evening. ORDINANCE NO. 81 -6 Member Gene Lhotka introduced the followi g ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES ADOPTING THE 1980 MINNESOTA STATE BUILDING CODE BY REFERENCE AND DELETING PERMIT FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being -aken thereon, the following voted in favor thereof: Mayor Dean Nyquist, To y Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed a d adopted. The City Manager introduced an ordinance amending Chapters 15, 34, and 35 by deleting certain fees. He explained this ordinance was first read at the May 18, 1981 meeting, published on May 28, 1981 and is recommended for a second reading this evening. ORDINANCE NO. 81 -7 Member Celia Scott introduced the follow ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 15, 34, AND 35 BY DELETING CERTAIN FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following vote against the same: none, whereupon said ordinance was declared duly passed nd adopted. 6 -8 -81 -15- RESOLUTION NO. 81 -123 Member-Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES 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: Mayor Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lohtka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced an ordinance amending the Brooklyn Center Ordinances by adding new provisions to Chapter 7.202 and explained this ordinance was first read at the May 4, 1981 meeting, published on May 14, 1981, and is recommended for a second reading this evening. ORDINANCE NO. 81 -8 Member Celia Scott introduced the following ordinance and moved its adoption:' AN ORDINANCE AMENDING THE BROOKLYN CENTER ORDINANCES BY ADDING NEW PROVISIONS TO CHAPTER 7.202 The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance vacating'a portion of Noble Avenue North between 69th Avenue and I -94. He explained this ordinance was first read at the May 4, 1981 meeting, published on May 14, 1981, and is recommended this evening for a second reading. ORDINANCE NO. 81 -9 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF NOBLE AVENUE NORTH The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Tony'Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance authorizing the conveyance of real estate in'Northgate Third Addition from the City of Brooklyn Center to the contiguous property owners. He explained this ordinance is required to convey the property between the I -94 sound wall and the homeowners property. There was a motion by Councilmember Fignar, and seconded by Councilmember Scott to offer for first reading an ordinance authorizing the conveyance of -seal estate in Northgate Third Addition from the City of Brooklyn Center to the contiguous property owners. 6 -8 -81 -16 Voting in favor: Mayor Nyquist, Councilm mbers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced an ordinance z I Lmending Brooklyn Center City ordinances by adding new provisions to Chapter 2.101. He explained this ordinance is offered for first reading this evening and relates to the holding period for unclaimed or confiscated property held by the police department. In discussion of the ordinance Councilmember Lhotka stated that he is concerned that the time required for holding proper y is too short now and would not like to see it shortened. There was a motion by Councilmember Scott and seconded by Kuefler to offer for first reading an ordinance amending the Brooklyn Center Ordinances by adding new provisions to Chapter 2.101. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting again t: Councilmember Lhotka. The motion passed. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bautch Disposal Service 10264 Xylite St. N.E. Bergstrom Trucking 6509 76th Ave. N. G & H Sanitation, Inc. 12448 Pennsylvania Ave. S. Gallagher's Service, Inc. 1691 91st Ave. N.E. Mengelkoch Company 119 N.E. 14th St. Metro Refuse 8168 W. 125th St. Robbinsdale Transfer Co. 5232 Hanson Court Shobe and Sons 3621 85th Ave. N. Waste,:Control — 95 West Ivy St. ITINERANT FOOD ESTABLISHMENT LICNESE Brooklyn Center Fire Department 6301 Shingle Cr. Pkwy. East Palmer Lake Park 7027 Oliver Ave. N. Evergreen Park 7112 Bryant Ave. N. West Palmer Lake Park 7110 W. Palmer Lake Dr. Fabian Seafood Company P.O. Box 1562 Brooklyn Center Skelly 6245 Brooklyn Blvd. MECHANICAL SYSTEM'S LICENSE Berghorst Plumbing & Heating 10732 Hanson Blvd. Suburban Heating & Air Cond. 8419 Center Dr. SIGN HANGER'S LICENSE Attracta Sign Company 6417 Penn Ave. S. SWIMMING POOL LICENSE Columbus Village Apts. 507 70th Ave. N. 6 -8 -81 -17- TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Fire Department 6301 Shingle Cr. Pkwy. East Plamer Lake Park 7027 Oliver Ave. N. Evergreen Park 7112 Bryant Ave. N. West Palmer Lake Park 7110 W. Palmer Lake Dr. 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 Kuefler and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 10:00 p.m. l z Clerk y o 6 -8 -81 -18-