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HomeMy WebLinkAbout1981 06-22 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 22, 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 CAL 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 and Inspection Ron Warren, Assistant City Engineer Jim Grube, Building Official Will Dahn, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Gene Lhotka. APPROVAL OF MINUTES - JUNE 8, 1981 There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of June 8, 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 received a request to use the Open Forum session this evening from Mr. Duke Adelmann, 6501 Humboldt Avenue North. Mr. Adelmann addressed the Council and explained he and Mr. Wes Reavely were present this evening to discuss the City sign ordinance with regard to full service gas stations. Mayor Nyquist recognized Mr. Wes Reavely who proceeded to read a letter he had sent to Mayor Nyquist regarding the City's sign ordinance in which he stated the ordinance was overly restrictive and created a hardship for full service gas stations, in that it interfered with dealer merchandising particularly in the area of signing on poles on the pump islands. He explained the ordinance is also restrictive on sale signs and also on the height of boulevard identification signs for full service stations. The City Manager explained the Chamber of Commerce had been discussing this issue but to his knowledge they have decided not to pursue it due to a lack - of interest among the Chambers members with regard to changing the sign ordinance. Mr. Adelmann explained he was a member of the Committee reviewing the sign ordinance but that apparently he was the only one interested in pursuing it. Councilmember Fignar inquired how Brooklyn Center compares with neighboring cities with regard to regulating signs. The City Manager explained some neighboring areas are more restrictive and some less and that there is no uniformity among cities with regard to sign ordinances. He explained there ar several models upon which sign ordinances in various cities are based. ?fir. Reavely stated signs are very important r-d the visibility of his business and are very important to sales volume. He added signs are particularly important to aggressive merchandisers such as Standard Oil Company. 6-22-81 -1- Councilmember Fignar made an inquiry as to what regulations must be followed in developing a sign ordinance. The City Attorney explained the regulation of signs is completely up to local ordinance and that as he recalls the Chamber of Commerce was instrumental in drafting the City's sign ordinance. In response to the City Attorney's comments Mr. Reavely stated that at the time the ordinance was being drafted he recalls there was an attitude that the City had already had the ordinance worked out and that the Chamber Committee's input would not be able to influence the outcome of the ordinance. Councilmember Scott noted that she had reviewed other City sign ordinances and commented that they are very different in scope, noting that some ordinances do go along more with company merchandising policies and that most other City ordinances do allow window signs. Mayor Nyquist inquired whether the staff could review the current sign ordinance. The City Manager explained the staff could review the ordinance and perhaps compare the regulations to a number of surrounding communities. Mr. Adelmann stated he does not understand why the City of Brooklyn Center would have to survey other cities concerning sign ordinances and inquired what the rationale was for the City Manager's suggestion to other cities. The City Manager explained that the City would not have to survey surrounding cities at all to make changes in the sign ordinance. Councilmember Fignar commented that he would not want Brooklyn Center to fall into a situation similar to surrounding communities that are experiencing problems with their sign ordinances. Councilmember Kuefler inquired whether there would be any problems with providing relief to filling stations only and not to other businesses with regard to signage The City Attorney explained once a distinction is made for one type of business, the City could open up a similar argument to other unique businesses in the area. He added making a distinction for one business with regard to sign regulations is not like setting a precedent since other businesses would have to show they are in a similar unique situation to receive similar treatment with regard to signing. Mr. Reavely stated that he recalls a recent situation where Jobs Daughters desired to have a car wash at his station,' but were not able to since he did not secure the appropriate permit for the car wash. He stated this is not'a realistic requirement. Councilmember Scott stated she would like to see some work done in the area of reviewing the City sign ordinance. Mayor Nyquist suggested that the City staff might be able to work with Mr. Adelmann and Mr. Reavely with regard to reviewing the ordinance requirements. The City Manager stated the staff can address the requests made in Mr. Reavely's letter and explained the effects of those requests at an upcoming Council meeting. Councilmember Fignar inquired whether this could be accomplished at the next Council meeting. The City Manager explained the staff work load is rather tight and it would be dependent on how involved the staff becomes in other areas such as the cable TV franchise. Councilmember Kuefler stated he would like to have the staff review sign regulatio in other cities and also to involve the Brooklyn Center community and citizens, including the Planning Commission, in reviewing the City sign regulations. Mayor Nyquist concluded the Open Forum session by noting that the staff will review the City's sign ordinance and report back to the City Council. 6 -22 -81 -2- PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred Council members to a memorandum from the City's Building Official to the Director of Planning & Inspection recommending the release of performance guarantees on the Smoke Haus Restaurant, 5001 Ewing Avenue, F & M Bank, 5825 Xerxes Avenue North, Hennepin County Library, 6125 Shingle Creek Parkway, and the reduction of a performance guarantee on the Thrifty Scot Motel, 6445 James Circle North._ There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to release the performance guarantees on the Hennepin County Public Library, 6125 Shingle Creek Parkway, F & M Bank, 5825 Xerxes Avenue North, Smoke Haus Restaurant, 5001 Drew Avenue North, and to reduce the performance guarantee on the Thrifty Scot Motel, 6445 James Circle North to $8,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution accepting and approving'.Contract No. 1981 -D (Earle Brown Drive Improvements)•. The Director of Public Works explained the bid received on this project was an extremely good bid. Councilmember Kuefler inquired how the bid compared with the Engineering estimate. The Director of Public Works explained the low bid on the project was 30% lower than the Engineers estimate. RESOLUTION NO. 81 -124 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WATER MAIN IMPROVEMENT PROJECT 1981 -05, SANITARY SEWER IMPROVEMENT PROJECT 1981 -06, STORM SEWER IMPROVEMENT 1981 -07, STREET IMPROVEMENT PROJECT 1981- 08- -EARLE BROWN DRIVE: CONTRACT 1981 -D) 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 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 requesting Hennepin County to approve establishment of a pedestrian/bicycle trail on 69th Avenue North (County State Aid Highway 130). The Director of Public Works explained the description of the trail distance on the agenda which indicated 350 feet west of Oliver Avenue is incorrect and that the correct version is on the agenda which would provide installation of a trailway along 69th Avenue North from Shingle Creek to Oliver Avenue North. RESOLUTION NO. 81 -125 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REQUESTING HENNEPIN COUNTY TO APPROVE ESTABLISHMENT OF A PEDESTRIAN/ BICYCLE TRAIL ON 69TH AVENUE NORTH (C.S.A.H. 130) Th. 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: 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. 6 -22 -81 -3- PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 81034 submitted by LaVonne Malikowski for a home occupation special use permit to teach ceramic classes in the basement of the residence at 5509 Logan Avenue North. lie added the Planning Commission recommended approval of Application No. 81034 at ''bs June 11, 1981 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 4 of the June 11, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81034. He explained Mrs. Malikowski has been conducting her home occupation for a number of years, but it had not come to the attention of the City until the spring of 1981 due to complaints on parking in the area. He added that the home occupation has involved between 19 and 20 students. The Director of Planning & Inspection explained the Planning Commission recommended approval of Application No. 81034 with the condition that Mrs. Malikowski limit her students to 4 nonresident students at one time. Be reviewed for Council members the conditions of approval recommended by the Planning Commission for Application No. 81034. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81034 and inquired if there-was anyone present -who wished to speak either against or for the application. Mayor Nyquist recognized Mrs. Schrader, 5508 Logan Avenue North. Mrs. Schrader stated she lived across the street from the applicant's residence and was concerned that traffic accidents might occur because the cars in the double driveway of 5509 Logan Avenue North may block the view of cars driving on Logan and cause an accident when cars are backing out of the driveway onto Logan Avenue. She added that she is also concerned that products were being sold on the premises that are not made in conjunction with the ceramic classes. The Director of Planning & Inspection pointed out that under the City Ordinance persons are allowed to sell products made on the premises in their homes. Mayor Nyquist recognized the applicant LaVonne Malikowski who stated that to her knowledge only 8 to 10 people over the years have brought pots to be fired in her kiln that were not part of her classes. She stated that she would not want to limit her classes to only 4 students and would like to continue with between 7 to 10 students, since she does not like to get involved with day time classes. Councilmember Fignar inquired how Mrs. Malikowski would plan -to handle the parking for her students. Mrs. Malikowski explained her students would still park on her property but she would limit her students to her most con - sistent students. She added that the Council should not have any concerns that her home or neighborhood is being affected by the classes since she makes sure to clean up after her classes and even after her husband. Councilmember Kuefler inquired of the staff whether Mrs. Malikowski's request to increase the number of students from that which was recommended by the Planning Commission should be addressed by an ordinance change. The Director of Planning & Inspection stated that the key to home occupations is that the business is secondary to the residential nature of the property. He added 19 to 20 students would appear to be too large to qualify under this stipulation of the home occupation regulation. He stated this would be an appropriate item for the Planning Commission to consider. 6 -22 -81 -4- Councilmember Lhotka inquired of the applicant what the length of her classes were. Mrs. Mal.ikowski replied that her heaviest period for classes lasts approximately 10 weeks out of the year consisting of one class of students from 7:00 p.m. to 10:00 p.m. She added that she would not require the 3:00 p.m. to 10;00 p.m. hours as recommended by the Planning Commission but would only require the Hours of 7:00 p.m. to 10:00 p.m. for her classes. Councilmember Fignar stated he sees certain merit for shorter hours and more students for the classes. Councilmember Lhotka stated he would be interested in learning what effect a large number of students would have on other home occupations in the City. Right now, he explained, he is comfortable with the 4 students as recommended by the Planning Commission. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing, there being none, 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 Application No. 81034. 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 Fignar to approve Application No. 81034. While the motion was on the floor, there was a discussion regarding the hours of operation with the applicant. Councilmember Lhotka amended his motion by revising the hours of operation to 7:00 p.m. to 10:00 p.m. and Councilmember Kuefler as seconder to the motion accepted the amendment. Application No. 81034 was approved subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 3. No more than 4 students shall attend anyone class in accordance with Section 35 -900 of the zoning ordinance. 4. All parking will be off - street on space provided by the applicant to the maximum extent feasible. 5. The hours of operation shall be 7:00 p.m. to 10:00 p.m. Monday through Friday. 6. The applicant shall comply with the recommendations of the Building Official 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. 81037 submitted by Duane W. Enninga for a variance from Section 35 -530 to allow the construction of a new dwelling on a lot with an "alley house ", remaining on the rear of the lot during construction. The address is 5435 Emerson Avenue North. The City Manager stated the Planning Commission recommended approval of Application No. 81037 at its June 11, 1981 meeting. i 6 -22 -81 -5- The Director of Planning & Inspection presented and reviewed for Council members pages 6 through 7 of the June 11, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81037. He reviewed the letter submitted by the applicant requesting the variance. The Director of Planning & Inspection stated the Planning Commission recommended approval of Application No. 81037 acknowledging that the standards for a variance are met and subject to two conditions which he reviewed for Council members. He noted the applicant is present at this evening's meeting and the proper notices of public hearing had been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81037 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 Kuefler and seconded by Councilmember Lhotka to close the public hearing on Application No. 81037. 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. 81037 on the grounds that the standards for variance are met, and that the granting of the variance will expedite the elimination of a substandard and nonconforming dwelling. The granting of the variance is subject to the following conditions: 1. A financial guarantee consisting of either a $3,000 cash escrow or a $10,000 bond shall be submitted in conjunction with the standard performance agreement to ensure demolishion of the existing "alley house'. 2. The existing "alley house" shall be removed within 1 year of the granting of the building permit, or 30 days following the issuance of an occupancy permit for the new house, whichever comes first. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Application No. 81039 and Application No. 81040 submitted by DeVries Builders. He explained Application No. 81039 is for site and building plan approval of phase 2 of the Earle Brown Farm Estates off of Shingle Creek Parkway and west of the proposed extension of Freeway Boulevard. Application No. 81040 has been submitted for amended subdivision approval, including phases 1 and 2 of the Earle Brown Farm Estates. He noted the Planning Commission recommended approval of both applications at its June 11, 1981 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages 8 through 10 of the June 11, 1981 Planning Commission minutes in which the Planning Commission discussed Application No. 81039 and Application No. 81040. He also presented and reviewed the Planning Commission information sheets prepared for the applications. 6 -22 -81 -6- I He proceeded to review the location of the proposed project site for Council members and reviewed the Planning Commissions discussion of the applications at its June 11, 1981 meeting pointing out that the Planning Commission re- commended and the applicant has agreed to provide 50 rather than 25 visitor parking stalls which exceeds the requirement in the ordiance. Also he pointed out it was recommended by the Planning Commission that additional shade trees be added to the planting plan particularly in the area bordering the single family neighborhoods. He noted the applicant had concurred with the Planning Commission's recommendations in these areas. He explained the Planning Commission recommended approval of Application No. 81040 subject to four conditions which he reviewed for Council members and also recommended approval of Application No. 81039 subject to 10 conditions which he reviewed for Council members. The Director of Planning & Inspection stated that a public hearing is required for Application No. 81040. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81040 and inquired if there• was anyone present who wished to speak against or for the application. Mayor Nyquist recognized Mr. John DeVries who stated that NSP has an easement for power lines along the west edge of the project site and they do not want trees interfering with the power lines. He pointed out there are certain types of low.growing trees that could be planted in this area and requested that the Council consider this in the application. The City Manager stated that he believes the problem of planting the proper type of trees in this area could be worked out with NSP. The Director of Planning & Inspection stated the 10th condition in approval of Application No. 81039 could be amended to include the words "but staying appropriate distances from power lines ". Mayor Nyquist inquired if there was anyone else present who wished to speak to the Application. 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 Lhotka to close the public hearing on Application No. 81040. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Application No. 81040, preliminary plat approval for phases 1 and 2 of the Earle Brown Farm Estates, subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Homeowners' Association documents for all phases of the development are subject to approval by the City Attorney prior to final plat approval of each phase. 4. The preliminary plat. shall be revised so that each townhouse lot meets with the approval of the City Engineer. 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. 81039, site and building plan approval for phase 2 and amended approval of phase l of the Earle Brown Farm Estates Townhouse 6 -22 -81 -7- Development, subject to the following conditions with Condition No. 10 amended to include the words (but staying appropriate distances from power lines): 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance l of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. i 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to 1 assure completion of approved site improvements for phases 1 and 2 prior to the issuance of building permits. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. - All common parking and driving areas shall be surrounded by B612 curb and gutter as shown on the approved drainage and grading plans. 6. Plan approval acknowledges a master plan for all phases of the Earle Brown Farm Estates Townhouse Project. However, each additional phase is subject to preliminary plat approval and site and building plan approval by the Planning Commission and City Council. 7. The developer shall take adequate measures to control dust and debris during construction. A viable turf shall be established and maintained in these areas subject to future development. 8. There shall be one Homeowners' Association agreement to include all subsequent phases at the time of their approval. 9. Public sidewalks shall be provided on the south side of Freeway Boulevard in the area between Shingle Creek Parkway and Xerxes Avenue North. 10. The master plan shall be revised'to include at least one visitor parking stall for every two townhouse units prior to issuance of building permits. The landscape plan shall also be revised to show at least one shade or coniferous tree for every decorative tree throughout the complex. Particular attention should be paid to increasing shade trees along the west side of the development but staying appropriate distances from power lines. 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. 81035 submitted by Summit Mortgage Corporation for preliminary RLS approval to subdivide the land north of Summit Drive, west of Highway 100 and south and east of the proposed extension of Earle Brown Drive. He explained the Planning Commission recotnfnended -, approval of Application No. 81035 at its June 11, 1981 meeting. Councilmember Kuefler left the table at 8:35 p.m. 6 -22 -81 -8- The Director of Planning & Inspection presented and reviewed for Council members pages 10 through 12 of the June 11, 1981 Planning Commission minutes in which the Planning Commission discussed Application No. 81035 and also the Planning Commission information sheet prepared for Application No. 81035. Councilmember Kuefler returned to the table at 8:37 p.m. The Director of Planning & Inspection pointed out the Planning Commission tabled the site plan submitted by the applicant which proposes to relocate the farm buildings onto some of the tracts. He explained the Planning tabled the site plan in order to further discuss the plan with the Minnesota State Historical Society and the developer. The Director of Planning & Inspection pointed out the Planning Commission recommended approval of Application No. 81035 subject to 3 conditions which he reviewed for Council members and explained that Condition No. 3 has been met with the submission of the revised site plan and need not be considered this evening by the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81035 and 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 Fignar to close the public hearing on Application No. 81035. 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 Scott to approve Application No. 81035 subject to the following conditions: 1. The final RLS is subject to the approval of the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. 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. 81042 submitted by Steve Nelson /Lynbrook Bowl for preliminary plat approval to subdivide the land north and west of North Lilac Drive, south of 65th Avenue North, and east of Camden Avenue North into 3 lots and 1 outlot. He explained the Planning Commission recommended approval of Application No. 81042 at its June 11, 1981 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages 13 through 14 of the June 11, 1981 Planning Commission minutes in which the Planning Commission considered Application No. 81042 and also the Planning. Commission information sheet prepared for Application No. 81042. He pointed out that the .Planning Commission information sheet is incorrect in that it refers 6- 22--81 -9- to three lots and one outlot and that the entire plat actually includes four lots and one outlot. The Director of Planning & Inspection reviewed the location of the lots noting that Lot 1 comprised the existing land occuppied by the old Spanjers building, Lot 2, the Lynbrook Bowl site, Lot 3, the majority of the Mendenhall outlots, and Lot 4, the old City property. He pointed out the outlot is located on the easterly side of Camden. The Director of Planning & Inspection explained that following the public hearing the Planning Commission recommended approval of Application No. 81042 with 6 conditions which he reviewed for Council members. He explained the fifth condition in the Planning Commission minutes has been met with the submission of the plat submitted this evening and need not be considered by the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81042 and inquired if there was anyone present who wished to speak either or 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 Scott and seconded by Councilmember Kuefler to close the public hearing on Application No. 81042. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 81042 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. 3. A joint parking agreement covering.Lots one =and two and outlot A shall be submitted to the City Attorney for his review and approval prior to final plat approval. 1 of A 4. A copy of the option agreement for the e ventual p urchase o f out by the Spanjers property shall be submitted to the City to be kept on file. 5. The plat shall be amended to provide land areas for each respective prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RECESS. The Brooklyn City Council recessed at 8:50 p.m. and reconvened at 9:10 p.m. PLANNING COMMISSION ITEMS CONTINUED In discussion of Planning Commission Application No. 81027 submitted by Howe, Inc. the City Attorney commented that the City has been awaiting the final . decision of Judge Sedgwick particularly with regard to the setback on the northwest corner of the Howe, Inc. property. He explained the Judge ruled today and the Council has ruling before them this evening. He explained she 6 -22 -81 -10- denied the findings on both sides. Fie noted it is still possible to appeal to the Minnesota Supreme Court but it is his understanding that Howe, Inc. does not plan to appeal the Judge's ruling.. Fie added that an agreement not to appeal is a formal procedure and that he would like to discuss this with Howe's Attorney. Mayor Nyquist recognized Mr.. Bill Kranz, the general contractor for the project submitted by Howe, Inc. who stated that he met with Bill Howe today and that he had informed him that Howe, Inc. does not plan to appeal the Judge's findings. He added that on July 1, 1981 a 5% sales tax will go into effect and that this would be a definite hardship if the project is delayed consider - ing the amount of dollars the project will cost. He stated that he would request some type of action be made tonight so the contracts to be secured prior to the increase in state sales tax. The City Manager replied that the problem in considering the application this evening is that the issue of the appeal is still outstanding. Councilmember Lhotka inquired whether a few days delay would enable the City and Howe, Inc. to come to a resolution on an appeal pointing out that the Council could hold a special session to consider the application from Howe, Inc. The City Attorney stated he would like to clarify the matter of the appeal with Brad Jones, the lead Attorney for Howe, Inc. Councilmember Kuefler then inquired whether or not we could get the Attorney's for Howe, Inc. to come to the meeting this evening. Mayor Nyquist stated that if the Attorney's can come to the meeting tonight and come to some.agreement with regard to the appeal, the Council will consider the application later in the agenda. CONSIDERATION OF PROPOSED IMPROVEMENT PROJECT NO. 1981 -17 (TURN LANE ON COUNTY STATE AID HIGHWAY 10 AT NORTHWAY DRIVE) The Director of Public Works reviewed the Engineering report for Project No. 1981 -17 pointing out that the project involves bituminous pavement, concrete curb and gutter, and median removals, concrete curb and gutter, grading, base, and bituminous surfacing, and storm sewer extension on County State Aid Highway 10 at Northway Drive. He explained the estimated cost of the project is $32,490 and it is proposed that it be 100% assessed to the benefited properties which include the proposed new office complex, the F & M Bank, and Super Valu. He pointed out that a notice of public hearing had been published in the Brooklyn Center Post and that notices had also been sent to affected property owners. He added that a notice had also been sent and that the project had been discussed with the Chamber of Commerce and the Westbrook Mall merchants. Mayor Nyquist inquired whether this project could possibly jeopardize the Westbrook Mall access plans. The Director of Public Works replied that he does not believe this project would interfere with access improvements which would be proposed for Westbrook Mall. Mayor Nyquist opened the meeting for the purpose of a public hearing on Improvement Project No. 1981 -17 and inquired if there was anyone present who wished to speak at the public hearing. 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 Fignar to close the public hearing on Improvement Project No. 1981 -17. Voting in 6- 22--81 -11- favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -126 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1981 -17 (C.S.A.H. 10) 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. CONSIDERATION OF SPECIAL ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT PROJECT NO. 1978 -35, STREET IMPROVEMENT PROJECT NO. 1978 -36, AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1978 -37 (PONDS PLAT 6) The Director of Public Works explained the improvements in the project include streets, curb and gutter, street surfacing, and storm sewers. He explained that at the time the developer closed out the project a mistake was made by the developer in making payment in that the bill was paid for the sanitary sewer and water main improvements which were to be assessed and the portion of the project which was to be paid in cash was left standing. He pointed out the developer requested the cash payment stand as is and requested the assessments for the remainder of the project which was to have originally been paid in cash. He pointed out the City would include interest on this payment since the payment was due November 20, 1980. Interest would be paid on the payment due from November 20, 1980 to July 1, 1981 at a rate of 154. The Director of Public Works pointed out the staff has discussed several problems with the developer including the tumbleweed problem which will be addressed by the developer and the second dam on the project to be built by the developer in 1981. He pointed out the development bond included with_. Plat 5 will be $50,000 and will assure construction of the dam. Mayor Nyquist opened the meeting for the purpose of a public hearing on the assessment roll for Storm Sewer Improvement Project No. 1978 -35, Street Improvement Project No. 1978 -36, and Curb and Gutter Improvement Project No. 1978 -37. He inquired if theke 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 Lhotka and seconded by Councilmember Kuefler to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -127 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ASSESSMENT OF STREET IMPROVEMENTS TO UNITY AVENUE NORTH WITHIN THE PONDS PLAT SIX 6 -22 -81 -12- i 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 Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -128 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR EXTENSION OF TIME FOR FINANCIAL PERFORMANCE, THE PONDS PLAT SEVEN, RENUMBERED SIX In discussion of the resolution the Director of Public Works pointed out that the agreement is subject to the developer not appealing and suggested attaching wording to the resolution stating that the agreement "will not take effect until 30 days after adoption of the assessment roll ". Councilmember Scott who introduced the resolution and Councilmember Kuefler who seconded the resolution accepted the amendment to the resolution as suggested by the Director of Public Works. 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: Mayor Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, i 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 regulating the operation of an alarm system in Brooklyn Center and explained this proposed ordinance was first discussed at the March 23, 1981 City Council meeting and was subsequently sent to the Chamber of Commerce for their review and comment. He explained the ordinance proposes a permit system for alarms and is directed at the control of false alarms. He explained the staff recommends approval of the first reading of this ordinance this evening since it offers an opportunity to eliminate some of the City's costs related to false- alarms. Mayor Nyquist inquired whether the ordinance would be administratively burden- some. The City Manager stated he thinks the ordinance will be a compromise between an increase in administration with regard to the ordinance and a reduction in the overall false alarms in the City, pointing out that he believes the increase in administrative time will be compensated by the reduction in false alarms. { Councilmember Scott thanked the Chamber of Commerce for working with the staff on the alarm ordinance. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler' to offer for first reading an ordinance regulating the operation of alarm systems in Brooklyn Center. Voting in favor: m Y Y g y N yquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. j � 1 6 -22 -81 -13- 4 AGREEMENT RELATING TO DEFERRED COMPENSATION The City Manager stated that he is requesting the transfer of his PERA contributions into the ICMA program. He stated he is opting out of the PERA plan to develop a more portable pension program. He explained there will be no increase in cost to the City for changing plans. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the agreement relating to deferred compensation. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS The City Manager introduced the first discussion item which was a proposal for a revision of the job description and salary schedule for the Public Utility Superintendent. He explained the job description for the Public Utility Superintendent has been updated and revised to incorporate current job responsiblilities and requirements, one of those being the new responsibility for supervision of the buildings and grounds maintenance personnel. He explained the buildings and grounds supervision will be added to the duties of the Public Utility Superintendent and that in conjunction with this a request is being made to revise the grade and wage range from the previous level of S23A to S27C to a new level of S268 to S30C. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the request for the amended grade in wage range for the Public Utility Superintendent position to a new level of S26A (minimum), S28C (going), S30C (maximum). Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. CABLE TELEVISION Mayor Nyquist stated that he will not participate in this discussion and turned the meeting over to Mayor Pro tem, Scott. The City Manager stated the staff is prepared to discuss the status of the franchising process for the northwest suburbs cable system and is also presenting a revised joint powers agreement for Council consideration. He, suggested the Council consider the revised joint powers agreement first. Mayor Nyquist left the table at 5:50 p.m. The City Manager explained there are no substantive changes in the revised joint powers agreement and that it had been drafted with consultation of the various City Attorney's of the Cities involved in the Northwest Suburbs Cable Communications Commission. He added the staff is recommending approval of the revised joint powers agreement. He also pointed out that he believes a much better bid was obtained for the City of Brooklyn Center by joining the joint powers group. RESOLUTION NO. 81 °129 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT FOR NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 6 -22 -81 -14- 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: Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none; Dean Nyquist abstained, - whereupon said resolution was declared duly passed and adopted. Mayor Pro tem Scott inquired of the Council if they had any questions on the franchising process. The City Manager proceeded to review the rating system prepared by the cable commission's consultant and explained that the consultant's report comprised 80% of the criteria for evaluating the cable companies. The additional 20 %, he pointed out, comprised loo for response to local needs and 10% for site visitation. Councilmember Scott stated she believes the Commission has received three excellent proposals and she thanked all the companies for the fine way they conducted themselves in the franchising process. Councilmember Lhotka inquired, with regard to rate increases, what had been the experience with the cities surveyed on the site visitations. The City Manager explained the rate increases varied with each system and that several rate increases had been requested on the west coast locations in line with general cost of living increases. Councilmember Kuefler stated it does not appear that the Council can offer much input at this point since the Commission already -has 80% of the criteria for evaluation. He explained he cannot contradict any of the consultant's material and that he would suggest the City Council leave the ultimate decision for voting for a cable company to the City Manager and Councilmember Scott. Councilmember Scott pointed out the public hearing to be held in conjunction with the selection of a cable company will be held on June 29 at 7:00 p.m. at Crystal City Hall and that a vote will be taken on either June 29th or the 30th depending on the length of the public hearing to be held on June 29th. Councilmember Kuefler inquired what the voting procedure would be. The City Manager explained the votes will be cast on a paper roll call ballot so that at least one unpressured ballot can be obtained from Commission members. Councilmember Lhotka requested that the staff prepare a summary of the cable operators rates as proposed. The City Manager explained the staff will prepare a summary showing a breakdown of the rates as proposed. Mayor Nyquist returned to the table at 10:15 p.m. GAMBLING LICENSES The City Manager introduced the next agenda item which was a request for gambling license for the Knights of Columbus Council 6772. The City Manager explained the staff is recommending the approval of the gambling license application. There was a motion by Councilmember Lhotka, and seconded by Councilmember Kuefler to approve the application for a Class B gambling license from the Knights of Columbus Council 6772. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, 6 -22 -81 -15- Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Kuefler, and seconded by Councilmember Fignar to waive the $10,000 fidelity bond for the Knights of Columbus Council 6772. Voting in favor: Mayor Nyquist, Council.members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. Councilmember Fignar stated that as a point of information he wanted to relay a request from the liquor establishments in Brooklyn Center regarding the new change in state law allowing the serving of liquor beginning at 10:00 a.m. on Sunday for establishments that serve food. The City Manager explained the staff is aware of this legislation and will prepare information for Council consideration regarding the change in state law. LICENSES There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE James & Diane Mitchell Jim & Dee's Donut & Coffee Shop 6838 Humboldt Ave. N. RGV, Inc. Smoke Haus 5501 Drew Ave. N. GAMBLING LICENSE Knights of Columbus 7025 Halifax Ave. N. s a GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Brooklyn Disposal, Inc. 7858 191st Lane N.W. Larry Harvanko 8037 6th St..N.E. Hilger Transfer Co. 8550 Zachary Lane Minneapolis & Tallow P.O. Box 12547 I E a NONPERISHABLE VENDING MACHINE LICENSE Bill's Juice Vending 3900 Beard Ave. S. Spa Petite 5615 Xerxes Ave. N. RENTAL DWELLING LICENSE Initial: Diane M. Butterfield 5926 Colfax Ave. N. David J. Richardson 7021 W..:River Road Curtis H. Cady 1312 72nd Ave. N. Renewal: Stone Investments 5500 Bryant Ave. N. LeRay & Keith Mortensen. 4110 Lakebreeze Ave. N. Shingle Creek Tower 6221 Shingle Cr. Pkwy. Thomas & Bill Howe 3135 49th Ave. N. Raymond & Agnes Janssen - 1425 55th Ave. N. Jacob & Bonita Heinonen 1107 57th Ave. N., Edward Doll 1201 57th Ave.-N. Outreach Group Homes, Inc. 507 69th Ave. N. 6 -22 -81 -16- Transfer: Mrs. Paul Enge 4748 Twin Lake Ave. N. G & B Enterprises 3501 47th Ave. N. Lee Marwede - 4700 - 02 68th Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. H OWE, INCORPORATED 7 City Attorney explained with regard to the Howe Case, he pointed out that each City Council member was sued under the civil rights act by How, Inc. and that the City had won that portion of the case and he would certainly not recommend appealing that portion. He pointed out on behalf of the City the Council has the right to direct the City Attorney to either appeal or not appeal. He stated the issues the Council might want to appeal from include the finding that the court found against the City in the explosive license and the phaseout ordinance. The City Attorney explained he would recommend that no appeal be made. After the discussion of the City Attorney's comments there was a motion by Councilmember Scott and seconded by Councilmember Fignar to enter into an agreement with Howe, Inc. not to appeal the courts findings. In discussion of the motion on the floor Mayor Nyquist recognized Mr. Steve Jamar, Attorney for Howe, Inc. who stated that in a discussion with Mr. Bill Howe this evening and based on a review of the case with Mr. Brad Jones, the lead Attorney with Howe, Inc., we believe the approval of the application this evening is more important than a continuation of the litigation. He added that Howe, Inc. would waive the right to appeal subject to approval of the plan presented this evening with any needed modifications. The City Attorney pointed out that no contingencies can be attached to the appeal waiver. Mr. Jamar stated that Howe, Inc. is not asking that approval of the application be made a contingency but that Howe, Inc. waives all rights to appeal contingent on the Brooklyn Center City Council waiving its right to appeal and individual Council members waiving their rights to appeal. He stated Howe, Inc. does not waive any right of a future appeal on the application this evening. Mayor Nyquist called for a vote on the motion on the floor regarding the agreement between the City and Howe, Inc. not to appeal the courts findings according to the following language: The plaintiff and all defendants hereby agree to and hereby do waive all rights to appeal to the Minnesota Supreme Court all orders and judgments of the district court relative to the case of Howe, Inc. versus the City of Brooklyn Center et al heretofore filed and or entered by the court. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION ITEMS CONTINUED The City Manager introduced the Planning Commission Application No. 81027 submitted by Howe, Inc. for site and building plan approval to eliminate the existing potato shed, temporary storage building, and part of the middle building, and to build 14,155 square feet and 1,530 square feet of office space at 4821 ' Xerxes Avenue North. He explained the Planning Commission recommended approval of Application No. 81027 at its June 11, 1981 meeting. 6 -22 -81 -17- The Director of Planning & Inspection presented and reviewed for Councilmembers pages 14 through 16 of the June 11, 1981 Planning Commission minutes in which the Commission considered Application No. 81027 and also presented and reviewed the Planning Commission information sheet prepared for Application No. 81027. He pointed out that at the June 11, 1981 meeting the Planning Commission also acknowledged the withdrawal of Application No. 81029 by Howe, Inc. He explained Application No. 81029 was a request by Howe, Inc. for a variance from Section 35 -413 of the zoning ordinance and was requested to be withdrawn by Howe, Inc. With regard to Application No. 81027 the Director of Planning & Inspection pointed out the amount of square feet in industrial space proposed in this plan is less than that which was destroyed by the fire. He explained the plan also shows the required 100 foot setback from abutting properties and noted that Howe, Inc. has submitted a revised drainage plan with the application this evening which meets the requirements of the Hickok report for interim drainage requirements. The City Attorney left the table at 10:50 p.m. and returned at 10:54 p.m. The Director of Planning & Inspection noted at the June 11, 1981 Planning Commission meeting the applicant proposed a metal building at the northerly end of the site and that the Planning Commission recommended that brick be used for this building. He explained the Planning Commission and City Council have not approved metal for permanent structures in the past and that metal buildings would be a departure from this policy. Councilmember Kuefler commented that he is not particularly concerned that the building is metal or brick as long as the building if metal is of quality design and construction. The Director of Planning & Inspection noted that the Planning Commission recommend approval of Application No. 81027 at its June 11, 1981 meeting subject to fourteen conditions which he reviewed for Council members. He explained no public hearing is required for this application but that City staff has sent notices of tonights meeting. He also explained the applicant is present at this evening's meeting. A. discussion of the drainage plan ensued and the Director of Public Works noted that the plan would allow the Howe, Inc. site to drain while not disturbing the drainage of the surrounding area. The Director of Public Works reviewed the drainage plan proposed for the Howe site. He noted that some ponding occurs on the Howe, Inc. and Soo Line property and that with heavy rains some of this ponding may also occur on the private property in the area. Councilmember Fignar suggested that larger PVC pipe, perhaps as large as 10 inches, might be used to eliminate ponding. The Director of Public Works explained that this is a possibility and would not argue with using a larger diameter pipe. Consideration of using the larger pipe, he pointed out, could be addressed under Item No. 2 in the Planning Commission recommended items for approval. Mr. Bill Kranz, contractor for the Howe, Inc. project reviewed the manhole designs proposed in the construction plans. He explained that the 8 inch PVC pipe is shown in the plan but that this would be changed if larger pipe were required for proper drainage. Mr. Kranz also reviewed for Council members the building plans including the elevations. 6- 22 -81- -18- There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 81027, site and building approval for Howe, Inc. at 4821 Xerxes Avenue North - 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 the approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. S. All new buildings are 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's ordinances. No fire sprinkling system shall be required in the existing middle building so long as it is separated from the proposed addition by an appropriate firewall so that it can be classified as a separate building as approved by the Building Official. 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 on the western portion of the site as indicated on the approved plan. 9. Emergency drainage provisions shall be installed in accordance with the "Interim Considerations" recommended by Hickok & Associates and required by the City Engineer. 10. Plan approval acknowledges and is consistent with the variance granted under Application No. 79069 on December 17, 1979 and the orders by Judge Sedgwick regarding competing motions for amendments to the findings of her original order. 11. The widened driving lane allowed to encroach into the setback area is consistent with the variance granted under Application No. 79069 on the basis of the revised site plan and layout. 12. No variances are granted or implied by the approval of this application. 6 -22 -81 -19- 13. An 8 foot opaque fence shall be installed along the north side of the Soo Lane right -of -way to screen outside storage of materials and equip- ment within the land area lease by Howe,.Inc. by the Soo Line. 14. The northerly building shall be concrete block construction with an exterior painted an earth tone color. In discussion of the motion for approval of the application Mayor Nyquist recognized Ms. Mary Dodds. Ms. Dodds inquired whether the pollution control agency becomes involved in review of the drainage plans on the house site. The City Manager explained the PCA is not to get involved in specific review of the plans but that the plans must comply with any PCA regulations. Mayor Nyquist called for a vote on the motion on the floor. 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 Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Bro 1 n e er City Council adjourned at 11:44 p.m. Cler a 6 -22 -81 -20-