Loading...
HomeMy WebLinkAbout1981 07-13 CCM Regular Session MINU`PI:',S Ole' THE PROCFEDTNQ'3 OF THE CITY COUNCIL OF `T'HE CITY OF FiRQOKLYNI CENTER IN THE COUNTY OF IT'ENNEPIN AND TIME STATE OF MINNESO'T'A REGULAR SESSION JULY 3.3 , 1981 CI'T'Y HALL C ALL T O RDE R The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers 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, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Kuefler was out of town and would be absent from this evening's meeting. Councilmember Fignar arrived later in the meeting. INVOCATION The invocation was offered by Councilmember Celia Scott. APPROVAL OF MINUTES - REGULAR SESSION JUNE 22, 1981, BOARD OF EQUALIZATION JUNE 1, 1981 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of June 22, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none, the motion passed unanimously. • There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the Board of Equalization meeting of June 1, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none, the motion passed unanimously. OPEN FORUM Mayor Nyquist noted he had received a request from Mrs. Ann Jarvimaki, 5625 Aldrich Avenue North to use the Open Forum session this evening. Mrs. Jarvimaki explained she had enrolled her son in both the spring and summer swimming lesson program. During the summer session she said her son developed a fear of the water and she believed it was the result of improper instructions given by the swimming instructor. She stated she believed the teacher at the summer session did not use proper teaching methods and her son is now afraid of entering the pool. Councilmember Fignar arrived at 7:10 p.m. The City Manager explained this is the first co yn t he away n th f � mpla is aware of o e swimming program, adding_ that it is not unusual for children to develop a fear of the water even after they have been introduced to it in swimming lessons. Mrs. Jarvimaki stated she is highly complimentary of the spring swimming class in which her son was enrolled but that the problem resulted in the summer program. 7 -13 -81 -1- i Councilmember Lhotka inquired how many instructors were a part of the program. The City Manager explained there are approximately thirty swimming instructors. Councilmember Lhotka then_ stated he would like to know if any other complaints had been received on the specific instructor Mrs. Jarvimaki is referring 4o and requested the staff monitor the situation. PRESENTATION OF WESTINGHOUSE OFFICER OF THE MONTH A TO OFFICER MICHAEL KAULFUSS The City Manager explained the next item of business is an award for the Officer of the Month from Westinghouse Corporation. He noted the Council has received a memorandum explaining the case describing the actions of Office Kaulfuss which, led to the apprehension of burglar suspects in the burglary of the Brookdale Christian Center. He pointed out that this type of police work is not unusual for Officer Kaulfuss, and that he is an excellent police officer. The representative from Westinghouse Corporation presented a $100 savings bond to Officer Kaulfuss and congratulated him on his outstanding police work. REQUEST BY CITIZENS BAND SERVING PEOPLE FOR CARNIVAL AND COFFEE STOP The City Manager pointed out the last five years the Citizens Band Serving People group has held.their carnival and coffee stop at the Holiday Inn and because of the freeway construction the traffic pattern.has changed and _they _ are now requesting to use the Civic Center parking lot. He pointed out the Park & Recreation Director has no problems with them using the lot and the staff is recommending Council approval for the event. Mayor Nyquist recognized the representative from CBSP who explained the event is sponsored for muscular dystrophy and the group will be providing free coffee and donui_s, and;.the::carnival will'be setup: for donations for muscular dystrophy. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to authorize the use of the Civic Center_ parking lot for the Citizens Band Serving People carnival and .coffee stop for Labor Day weekend. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. FINAL PLAT APPROVAL - EARLE BROWN FARM ESTATES, 1ST ADDITION The Director of Public Works reviewed the plat for the Earle Brown Farm Estates and explained the final plat meets the conditions set on the preliminary plat except that the Homeowners' Association documents must be reviewed by the City Attorney. He explained the staff is recommending approval of the plat contingent on approval of the Homeowners' Association documents. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the final plat of Earle Brown Farm Estates, lst Addition contingent on approval of the Homeowners' Association documents. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion unanimously. Y RESOLUTI R ESOLUTION NO. 81 - 130 Member Gene Lhotka introduced the follo. resolution and moved.its adol }tion: 7 -13 -81 -2- RESOLUTION ACCEPTING, I3TD AND AP,'I?OVTN , COT ..I'b'ACT FORM (SHINGLE CREEK K TRAILWAY - PANT I -TMP1 (1VE ^.EN'I PROJECT 1978-42, 4;H.7_IIC T t CI'.I_;EK TRAILWAY - PART II IMPROVEMENT PROJECT 1980 -10,. 69TH AVENUE NORTH PEDESTRIAN TRAIL IMPROVEMENT PROJECT 1981 -12, PAkZKS IMPROVEMENT PROJECT 1981 -14, STORM SEWER IMPROVEMENT PROJECT 1981 -16) (CONTRACT, 1981-E) 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, Councilmembers Gene Lhotka, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -131 Mew -ber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WATER MAIN IMPROVEMENT PROJECT NO. 1981 -11- -63RD AVENUE NORTH, CONTRACT 1981 -F) 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, Councilmembers 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 -132 Member Gene Lhotka introduced the following resolution and moved its adoption: TRANSFERRING FUNDS FROM THE CONTINGENCY ACCOUNT IN THE UNALLOCATED DEPARTMENTAL EXPENSE FUND TO THE CITY MANAGER'S PROFESSIONAL CONSULTING FEES ACCOUNT The motion for 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, Councilmembers 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 -133 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1980 -M (ARBORETUM PROJECT NO. 1980 -20) 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, Councilmembers 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 -134 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF AL LINDMAN 7 -13 -81 -3- 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, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereup n said resolution was declared duly passed and adopted. APPOINTMENT OF CITY CLERK The City Manager requested that the City Council appoint him City Clerk in the interim while an administrative decision is made regarding an appointment of City Clerk. The City Attorney explained he sees no conflict in the charter or City ordinances with regard to the City Manager being appointed City Clerk. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to appoint the City Manager to the position of City Clerk. Mayor Nyquist stated he would like to take this opportunity to commend the City Manager and Councilmember Scott for the excellent job they did on serving on the Northwest Suburbs Cable Communications Commission. He added in recognition of their work he would request that a motion be made to prepare a resolution commending their work. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to authorize the staff to draft a resolution to commend Councilmember Scott and the City Manager for their work on the Northwest Suburbs Cable Communications Commission. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ORDINANCES The City Manager explained the next item of business was an ordinance regulating the operation of alarm systems in Brooklyn Center and that it is offered for a second reading this evening. Administrative Assistant Bublitz pointed out that the ordinance should have an effective date of January 1, 1982 not the effective date as stated in the original draft of the ordinance. He pointed out the change in effective date will be published in the notice of ordinance adoption. ORDINANCE NO. 81 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE REGULATING THE OPERATION OF ALARM SYSTEMS IN BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following.voted in favor thereof: Mayor Dean Nyquist, Councilmembers 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 explained the next item of business was an ordinance amending the Brooklyn Center ordinances by adding new provisions to Chapter 2 -101. He explained this ordinance would shorten the time for which found property must be held by the police department from three months to two months. Councilmember Lhotka explained the two months holding period is, in his opinion, too short a ti"' 7 -13 -81 -4- i ORDINANCE NO. 8 -11 2icmL�r Celia Scott int rod uced. tho f011_0 ordinance and moved its adoption: AN ORDINANCE AMT' ?LADING Till - , BROOKLYN CL.NTER ORDINANCES BY ADDING NEW PROVISIONS TO CHAPTER 2 -101. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote bai.ng taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Councilmembers Bill Fignar, and Celia Scott; Voting against -: Councilmember Gene Lhotka. The motion passed. The Director of Planning & Inspection explained the next item of business is an ordinance amending Chapter 35 of the City ordinances regarding the assembly of electric power vehicles in the I -1 and I -1 zones. He pointed out the Planning Commission reviewed the ordinance and stressed the requirements in the I -1 zone and that the operation should meet these requirements regarding such items as noise, pollution, odor, etc. There was a motion by Councilmember Fignar, and seconded by Councilmember Scott to offer for first reading an ordinance amending Chapter 35 of the City ordinances regarding the assembly of electric power vehicles in the I -1 and I -2 zones. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. REQUEST FOR PURCHASE OF A PH AND CHLORINE CONTROLLER AND ANALYZER The City Manager stated the staff is recommending that a PH and chlorine controller and analyzer be purchased for the Civic Center pool since the current equipment tends to create an instability factor in the chlorine in the pool. when the addition of PH is called for by the current equipment chlorine is also added at the same time thus creating an inbalance in chemicals. He explained the item is not budgeted but will be purchased with unexpended capital outlay funds remaining from the purchase of the new stainless steel lockers which came in at $15,000.under budget and also from the sale of the old lockers which was $6,500. • He explained the cost of the new equipment is $7,300. There was a motion by Councilmember Scott, and seconded by Councilmember Fignar to authorize the purchase of a PH and chlorine controller and analyzer for the Civic Center swimming pool. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS CONSULTANT FOR DONALDSON'S DEPARTMENT STORE TAX COURT CASES The City Assessor reviewed the Donaldson's tax court case noting that Donaldson's is petitioning in tax court to reduce their taxes by challenging the assessed valuation of their stores at Brookdale, Ridgedale, and Southdale. He explained there is approximately $1,100,000 in valuation at Brookdale which involves over $100,000 in taxes to the City of Brooklyn Center. He explained he believes it is important to defend the City's position and if the City does not react to the case the Citv may lose 10% or more of the taxes received from Donaldson's. He explained the consultant's fee.will be from $5,000 to S10,000 and that the consultant is a real estate appraiser and analyst. He explained the County is currently drafting a formal agreement which would pay half the cost of the consultant.' He added that Donaldson's in its court case is asking for approximately a 50% reduction in valuation. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to authorize the hiring of a consultant for the Donaldson's Department Store 7 -13 -81 -5- tax court cases. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PARKLAND ACQUISITION - LAND ADJACENT TO LIONS PARK The City Assessor reviewed the area proposed for purchase and explained the staff is recommending the purchase of an option on the property to allow the Park Recreation Commission to review the feasibility of purchasing the property. He explained the review would also include participation by the surrounding neighbor- hood. Councilmember Lhotka questioned the cost of the property and indicated he believed the cost of $5,300 per acre was quite high. The City Assessor explained in his opinion the purchase price of the property is very fair and pointed out that the City of Golden Valley recently purchased similar type land for approximately $12,000 an acre. Councilmember Lhotka then stated he has a concern over the amount of parkland in City. The City Manager explained Brooklyn Center is approximately at the 70% level for the national standards for parkland. Also, he explained the location of the land itself is amenable to public property pointing out that there is a questionable tax value on the property along with poor location for development and poor soil conditions. Councilmember Lhotka stated that if the Park & Recreation Commission reviews the purchase -of this property, he would also like them to review other parkland in the City which may be put up for sale. , Councilmember Scott stated that she supports the purchase of an option for the property. There wa, a motion by Councilmember Scott and seconded by Councilmember Lhotka to authorize the purchase of an option on the property on the land south of Highway 100, west of Lions Park which has been included in the feasibility study for a golf course. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. CABLE TELEVISION The City Manager explained that Northern Cablevision has been selected as the company which will build the cable television system in the northwest suburban area and that currently the franchise negotiations are underway with Northern Cablevision. He explained the information at the Council's desk this evening regarding the breakdown of programming and rates for each of the three bidders has been prepared by Administrative Assistant Bublitz. He pointed out that in review of the rate increases typically proposed by cable companies the Commission's consultant pointed out that it is typical for all companies to request rate increases regardless of their original rates and whether or not the original rates proposed were relatively higher or lower than the other bidders. CONSIDERATION OF THE SALE OF CITY O WNE D PROPE IN N OR THGATE 3 ADDITION Mayor Nyquist opened the meeting for the . purpose of a public hearing on the consideration of the sale of City -owned properties in Northgate 3 Addition. No one appeared to speak and he entertained a motion to close a public hearing. There was a. motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on the consideration of the sale of City - owned properties in Northgate 3'Addi,tion. Voting -in favor: Mayor Nyquist, Council - members Fignar, Lhotka, and Scott: Voting against; none, the motion passed unanimously. 7- 13• -81 _ ,- RES,OI UT'k o ll 1 81 -13 Meyilber Celia lia Scott introduced tho following resolution and moved its adoption: RESOLUTION ESTABLISHING CONDITIONS I°OR CONVEYANCE, OF REAL ESTATE IN 14ORTHGATE 3 ADDITION FROM THE CITY OF BROOKLYN CENTER TO THE CONTIGUOUS PROPERTY OWNERS The motion for the adoption of the foregoing 'resolution was duly seconded by member Dill Fignar_, and upon vote being taken thereon, the following voted in favor thereof: Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said revolution was declared duly passed and adopted. ORDINAN _N O. 81 -12 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL ESTATE IN NORTHGATE 3 ADDITION FROM THE CITY OF BROOKLYN CENTER TO THE CONTIGUOUS PROPERTY OWNERS 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, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Consideration of Proposed Improvement Projects on Freeway Boulevard Between Xerxes Avenue North and Shingle Creek Parkway: Street Improvement Project No. 1981 -18, Sidewalk Improvement Project No. 1981 -19; and Storm Sewer Improvement Project No. 1981 -20. The Assistant City Engineer reviewed Projects 1981 -18, 19, and 20. He also reviewed the assessment district proposed for the projects. Mayor Nyquist opened the meeting for the purpose of a public hearing on the • proposed improvement projects on Freeway Boulevard between Xerxes Avenue North and Shingle Creek Parkway: Street Improvement Project No. 1981 -18, Sidewalk Improvement Project No. 1981 -19, and Storm Sewer Improvement Project No. 1981 -20. No one appeared to speak at the public hearing and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on the proposed improvement projects on Freeway Boulevard between Xerxes Avenue North and Shingle Creek Parkway: Street Improvement Project No. 1981 -18, Sidewalk Improvement Project No. 1981 -19, and Storm Sewer Improvement Project No. 1981 -20. Voting in Favor Mayor Dean Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -136 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS:, 1981 -18, 19, 20, CONTRACT 1980 -H (FREEWAY BOULEVARD) 7 -13 -81 -7- 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, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION APPLICATION ;uO. 81036 The Director of Planning & Inspection presented and reviewed for Council members pages 15 through 16 of the June 25, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81036. He reviewed the applicant's letter in which she requested a variance to allow the construction of a garage equal to 1000 of the ground coverage of the dwelling at 5130 Ewing Avenue North. He explained at the June 11, 1981 Planning Commission meeting, the Planning Commission concluded that the standards for variance were not met but they did discuss the ordinance governing accessory structures and at that meeting the Planning Commission tabled the application and instructed the staff to prepare an ordinance amendment. He explained the ordinance language proposed this evening would allow an accessory structure no greater than 1,000 square feet and no more than two on anyone lot. He added that it would be required that the accessory or building do not exceed the ground coverage of the dwelling structure. He explained the Planning Commission at its June 25, 1981 meeting recommended denial of the application following a public hearing on the grounds that the standards for , variance are not met, but that it also approved the ordinance amendment regarding accessory structures. Mayor Nyquist opened the meeting for the purpose of a public hearing on Applicatio No. 81036. No one appeared to speak at the public hearing and he entertained a motion to close the public hearing. There was a motion by Councilmember and seconded by Councilmember Fignar to close the public hearing on Application No. 81036. Voting in favor: Mayor, Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to deny Application No. 81036 on the grounds that the standards for variance are not met. Voting in favor: Mayor'Diyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by CouDcilmember Scott and seconded by Councilmember Lhotka to offer for first reading an.ordinance amending Chapter 35 of the City ordinances regarding accessory structures in the R -1 and R -2 zones. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 8 :55 p.m. PLANNING C APPLICAT N O. 8 The Director o. Planning & Inspection presented and reviewed for Council members pages 1 through 4 of the June 25, 1981 Planning ComrnS.ssion meeting minutes and also the Planning Commission information sheet prepared for Application No. 81030. He proceeded to review the site plan and .reviewed the proposed. accessE,�y into the site. He also reviewed the parking plan indicated in they site plan and also the landscaping plan proposed. 7- 13 --81 -8- EIe pointed out:. the Plar)-Ang Comma ssion recommended approval of Application No. 81.038 subjccc to eleven conditions which he reviewed for Council members. There was a mot 4 on by Counc:i.IzK,em:.,er Fi gnar and secozzded by Councilmember Scott to approve Application No. 81,03n 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 supportive financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. . 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8 B612 curb and gutter shall be provided around all parking and driving ® areas. 9. Plan approval acknowledges a joint access easement with the proposed Shingle Creek I property to the east as was required under Application No. 79030. -10. Traffic control signs on this site are subject to review and approval by the City Engineer. 11. The plans shall be modified to indicate 2 1/2' to 3' berms and at least seven additional shade trees on the site, the species of which shall be other than those already shown. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81043 Submitted by Ms. Anne Book for a special use permit to operate a nursery school at the Brooklyn United Methodist Church at 7200 Brooklyn Boulevard. The City Manager explained the applicant cannot be present at this evening's meeting due to a death in the family and that she requested.a delay, but if there is no controversy over the application he stated he would request that the Council consider the application this evening. 7 -13 -81 -9- The Director of Planning & Inspection presented and reviewed for Council members pages 4 through 5 of the June 25, 1981 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No, 81043. The Director of Planning & Inspection reviewed the location of the proposed nurser school and pointed out that it would replace an existing school and that no real change in operation is proposed for the new school. He pointed out the Planning Commission recommended approval of Application No. 81043 subject to six conditions which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81043. No one appeared to speak at the public hearing and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Application No. 81043. Voting in favor: Mayor Nyquist, Councilmembers 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. 81043, 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 applicable codes, ordinances, and regulation and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be: Monday through Thursday, 9:00 a.m. to 11:30 a.m. and 12:30 p.m. to 3:00 p.m. and Friday, 9:00 a.m. to 11:30 a.m. 4. The applicant shall submit a current copy of her State operator's license to be kept on file at the City offices prior to the issuance of the special use permit. 5. Permit approval acknowledges thirty parking stalls to the rear of the church which is adequate for handling traffic of parents dropping off and picking up children at the nursery school. 6. The permit is subject to any recommendation of the Building official and the Fire Marshall following an inspection of the premises. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PL C OMM IS SION AP PLICATION NO 81044 Submitted by Mr. Donald W. Johnston for a special use permit to conduct a part-time welding business in the garage of the property at 4800 71st Avenue North. The Director_ of Planning & Inspection presented and reviewed for Council members pages 5 through 11 of the June 25, 1981 Planning C,onniss.on meeting minutes and 7 -13 -81 -10- also the Planning Commission information shoot prepared for Application No. €31044. He proccecced to review the location of the proposed home occupation and also reviewed a letter_ from th(2 applicant describing the home occupation and explaining that the home occupation would involve approximately four to five hours per week and that the noise from the home occupation is less than that of traffic noise on nearby Irooklyn Boulevard. The Director of Planning & Inspection pointed out that the Council had issued one other special use permit for a part -time welding home occupation for Mr. Harry Tiefs, 5339 Logan Avenue North. He pointed out there have been no problems with regard to complaints on this home occupation. The Director of Planning & Inspection stated that he had received a number of calls from neighbors in the surrounding area objecting to the proposed home occupation. He explained the applicant has indicated that no repair of automobiles will be undertaken in the course of his welding business. The Director of Planning & Inspection stated a. public hearing had been held at the June 25, 1981 Planning Commission meeting where a number of neighbors appeared to object to the home occupation. He added the Planning Commission recommended approval of the application subject to eleven conditions which he reviewed for Council members. He explained a public hearing has been scheduled for this evening on the application and that the proper notices have been sent and that the applicant is present at this evening's meeting. Councilmember Lhotka inquired whether the staff could add as a condition to the special use permit that the effect of the home occupation on TV reception will be monitored. The City Manager explained that this is the type of nuisance that can be handled quite immediately and that the staff could address this problem relatively easily. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81044 and requested that letters received from Steve and Rita Gardner, and Thomas and Patricia Schlicht expressing their opposition to the home occupation be entered into the record. Several neighbors in the area of the proposed home occupation appeared at the public hearing including Mr. Pherson who explained he was a neighbor to Mr. Johnston and stated he objects to the home occupation in that it is a dangerous manufacturing operation. He also submitted several photographs to be entered into the record showing the conditions which demonstrate the negative.aspects of the proposed home occupation. Mr. Robert Kneefe, 4836 71st Avenue North, spoke in opposition to the project and explained because of the location of this manufacturing occupation it is detrimental to the residential neighborhood and requested that the City Council deny the home occupation. Mr. Dale Magnuson, 4837 71st Avenue North, spoke in opposition to the proposed home occupation and expressed a concern for children crossing the street explaining the home occupation proposed by Mr. Johnston would compound the traffic problem. He urged the City Council to preserve the residential character of the area. 7 -13 -81 -11- I I Mr. William Legler, 4813 71st Avenue North, spoke and complained about the existing sign for the home occupation. Mr. Lewis Terzich, 4825 71st Avenue North, expressed his opposition to the proposed home occupation stating that he is opposed to the manufacturing operation in a residential neighborhood. Mr. Bob Kneefe again appeared and expressed a concern about the potential traffic problem created for school children by the proposed home occupation. Mayor Nyquist inquired if there was anyone else 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 Fignar and seconded by Councilmember Lhotka to close the public hearing on Application No. 81044. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. Councilmember Fignar commented that a welding operation is a manufacturing process and that he doesn't think a welding operation such as this belongs in a residential neighborhood. He said the potential for odor, noise and smoke is not conducive to night time hours of operation and the potential of sparks and hazards from the operation do not belong in a residential area. For these reasons he stated he is opposed to the application. There was a e motion by Councilmember Fignar and seconded by Councilmember Scott to deny Application No. 81044. In discussion of the motion Councilmember Lhotka inquired of the applicant whether �i.e home occupation would be contained in his garage. The applicant replied that the occupation would be contained in his garage except for the portable unit which would be used off the site. Councilmember Lhotka inquired what amount of traffic the applicant anticipated coming and going at his . business. The applicant stated he would pick up most of his work and there would not be a great deal of traffic coming and going. Councilmember Lhotka then inquired what type of work applicant would be involved in. The applicant stated he would be welding such items as go -cart frames, boat trailers, and manufacturing steps for mobile homes. Councilmember Lhotka inquired of the City Attorney if there was any problem legally in denying Mr. Johnston's application when the Council had approved other home occupations. The City Attorney replied that with regard to special use permits each home occupation must be considered on its own merit. He stated he believes the City Council's discretion is quite broad in considering these types of applications and Councilmember Fignar's comments are certainly valid points when evaluating this application, since this application is different than most which come before the Council. He pointed out statements made by Councilmember Fignar and residents at the. public hearing seem sufficient grounds for denial of the special use permit. Councilmember Lhotka stated he is concerned that the Council has approved one special use permit for a welding home occupation alrr_ady. The City Attorney stated that the discriminatory enforcement does not mean that the Council can never change their ruling on special use permits and that the Council,if they I 7- 13--81 -12- choose. to d <2ny this application, does not have to eliminate all welding operations in the City. Ile explained as long as the existing home occupation welding business meets the requirements set forth in the spacial use permit it stands on its own merit. Councilrriember Scott stated. she believes that a welding home occupation is an inappropriate use in a residential ricighborhood especially with an attached garage compounding the safety and fire hazard. She added that parking also appears to be inadequate for this home occupation. Councilmember Lhotka expressed concern that all residents are treated equally with regard to con- sideration of home occupation special use permits and pointed out that the City Attorney has affirmed that the City can deny this application without being discriminatory. He added that he would like the staff to research the existing welding home occupation business in existence in the City and report back to the Council. The City Attorney stated this matter can be deferred to allow time for the staff to review the conditions of other welding special use permits in the City._ Councilmember Lhotka stated he would introduce a motion to table consideration of this application if Councilmember Figriar, who introduced the motion, and Councilmember Scott who seconded the motion, for denial would withdraw the motion and second. Councilmember Fignar withdrew his motion to deny Application No. 81044 and Councilmember Scott withdrew her second of the motion. Councilmember Scott stated she is concerned over the increase of home occupations' generally in the City and stated she believes the City will see more of these home occupation`s coming before the Council in light of -the general economic conditions present today. There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist to table consideration of Application No. 81044 to the July 27, 1981 City Council meeting and direct the staff to review any existing special use permits for welding home occupations and report to the Council. Voting in favor: Mayor Nyquist, Councilmembers. Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 81045 Submitted by Mr. Gregory Blazek for a special use permit to build and sell picnic tables in the garage of the residence at 6515 Brooklyn Boulevard. The Director of Planning & Inspection stated the applicant is not present at this evening's meeting. - There was a motion by Councilmember Fignar and seconded by Councilmember Scott to table consideration of Application No. 81045 to the July 27, 1981 meeting because the applicant was not present at this evening's meeting. PLANNI'N'G COMMISSION APPLICATION NO. 8104b Submitted by Mel Boyd /Erlmar Properties for preliminary plat approval to sub- divide the land between Brooklyn Boulevard and Beard Avenue North between 61st and 62nd Avenue North, including the P.B.C. Clinic and the vacant R -4 property 7 -13 -81 -13- to the south. The Director of Planning & Inspection presented and reviewed for Councilmembers pages 13 through 14 of the June 25, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 81046. The Director of Planning & Inspection reviewed a transparency of the preliminary plat for Council members. He explained the Planning Commission, this Thursday will be reviewing the rezoning proposal from C -1 to R -4 of a 40' strip of the property in the plat. He explained the preliminary plat as proposed is in order and the Planning Commission recommended approval subject to four conditions which he reviewed for Council members. The Director of Planning & Inspection explained a public hearing is required for the application and that a representative of. the applicant is present. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81046. No one appeared to speak at the public hearing 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 Application No. 81046. Voting in' favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager inquired of the City Attorney whether the Council should include action on the application any reference that the applicant should not presume any other subsequent action related to the application will be approved. The City Attorney explained that this should be entered into the record a�,u also reference to the recent change in state law which prohibits the rezoning within one year after a preliminary plat approval and two years after a final plat approval. He explained the applicant should be required to waive this restriction in conjunction with approval of this application. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Application No. 81046 subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to'Chapter 15 of the City Ordinances. 3. A joint access agreement as approved by the City Engineer shall be filed with the plat at the County prior to the issuance of building permits. 4. Final plat approval is subject to approval of Application No. 81047 to rezone the north 40 feet of the proposed Lot 2 from C -1 to R -4. 5. Preliminary plat approval does not imply that rezoning of the property will be approved. 6. The applicant waives the restriction in MSA Section 462.358 Subdivision 3C prohibiting rezoning within one year after preliminary plat approval and two years after final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka,.and Scott. Voting against: none, the motion passed unanimously. 7- 13 -81, -14- PLANTITNG C0iMMTSST ON APP1,1 CA` 1014 T 81048 Stn i tted by Ife- nnop.in County for a variance from Section 5 of the City Fire Ordinance to allow for monitoring of the fire sprinkler system at the new Hennepin County Library by a remote substation,. which is not approved by Underwriters' Laboratories. The Director of Planning & Tnspection presented and reviewed for Council members pages 14 through 15 of the June 25, 1981 Planning Commission meeting minutes and also the Planning Coi�-mission information sheet prepared for Application No. 81048. lie explained the system does not meet UL approval and that UL approval would assure the City that the systems installed are maintained in accordance with NFPA standards. He explained the Planning Commission recommended approval of the application on the basis that the standards for a fire code variance are met and subject to two conditions which he reviewed for Council members. Ile noted a public hearing is required for the application and that the proper notices have been sent. He added a representative of the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81048. No one appeared to speak at the public hearing and he entertained a motion to close the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Application No. 81048. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. Councilmember Lhotka stated that if this application is approved he is concerned that Hennepin County will not be made to comply with the same standards as arc the general public or businesses with regard to fire sprinkler systems. He added that the system is not UL approved and if not UL approved this generally means that the system would not be recognized by an insurance company, thus preventing collecting on a claim for damages. He stated he believes it is a double standard for governmental agencies to be exempted from the same type of requirements made on business and the general public. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to deny Application No. 81048 on the basis that the standards for a fire code variance are not met. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. GAMBLING LICENSES - There was a motion by-Councilmember Scott and seconded by Councilmember Fignar to. approve the gambling license Application fora C1ass.A gambling license for the Rosary Altar Society of St. Alphonsus Church. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to waive the $10,0 fidelity bond for the gambling license application for the Rosary Altar Society of St. Alphonsus Church. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. 7 -13 -81 -15- LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: y GAMBLING LICENSE St. Alphonsus Church 7025 Halifax Ave. N. Rosary Altar Society GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Block Sanitation 6741 79th Ave. N. Browning - Ferris Ind. of MN 9813 Flying Cloud Dr. MCS Refuse, Inc. 10050 Naple St. N.E. Midwest Grease Buyers, Inc. P.O. Box 222 W & W Disposal 501 84th Ave. N.E. Walter's Disposal Service, Inc. 2830 101st Ave. N.E. Art Willman & Son 62 26th Ave. N. Woodlake Sanitary Service 4000 Hamel Rd. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Department 6301 Shingle Cr. Pkwy. East Palmer Lake Park „ Evergreen Park Grandview Park West Palmer Lake Park St. Alphonsus Church MECHANICAL SYSTEM'S LICENSE Alaskan Air Conditioning 1200 Chestnut Ave. N. Associated Mechanical Contractors, Inc. 100 Market St. Comfort Heating & Air Cond. 3111 California St. N.E. O'Keefe Mechanical 7118 Shady Oak Rd. SIGN HANGER'S LICENSE Crosstown Sign, Inc. 10166 Central Ave. SWIMMING POOL LICEN Riverwood Townhouses 6605 Camden Dr. TEMPORARY NONINTOXICATING LIQUOR LICENSE Brooklyn Center Fire Department 630I Cr. Pkwy. East Palmer Lake Park Evergreen. Park Grandview Park West Palmer Lake Park St. Alphonsus Church 7025 Halifax .Ave. N. 7p -13 -81 _16- Voting in favor: Mayor Nyqu_i st, Council i.c�mbers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. P ROPOSAL OF CONST,. A( ,END A Counmmber Scott stated .Tie would like t.o see the Council use a consent o> lc� agenda in the future wince it would eliminate a great deal of time required in considering items on the agenda. The City Manager stated he will submit a proposal for a consent agenda to the City Council. Councilmember Scott also stated that she is concerned over the amount of wood chucks inhabitirig people's log piles and that she would request that the City look into this problem and report back to the Council. FIDJOU Pd\IMENT There was a motion by Councilmember Lhotka and seconded Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 10 :55 p.m. 1 rk Mayor • • 7 -13 -81 -17-