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HomeMy WebLinkAbout1981 01-26 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 JANUARY 26, 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 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were ,City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections Ron Warren, Park and Recreation Director Gene Hagel, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Ringhiser of the Brooklyn Center Church of the Nazarene. APPROVAL OF MINUTES - JANUARY 12, 1981 There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of January 12, 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 the Council had not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if there was anyone present who wished to use the Open Forum session, there being none, he proceeded with the regular agenda items. APPOINTMENT OF CONSERVATION COMMISSION CHAIRMAN' Councilmember Scott reported that she had no recommendations regarding the Chair of the Conservation Commission noting that she had been in discussion with Commissioner Jensen and Commissioner Albright regarding the Chair of the Commission. She added, there are two openings on the Conservation Commission and that she presently has no applications but that if anyone is interested, they should direct their inquiries to either herself or Brad Hoffman. Mayor Nyquist reported that at 2:00 p.m. on January 27, the Minneapolis Chamber of Commerce will be holding a conference concerning metropolitan transit and that any interested Council members can attend this meeting. He also noted that he had received a copy of an ordinance recently prepared by the City of Minneapolis regarding gold and silver buyers and was presenting it to the Council for their information. The City Manager explained, the Police Department staff is currently examining alternatives regarding the regulation of gold and silver buyers in the area. He noted, the state legislature may be addressing the problem this session which would provide regulation on a state wide basis. 1 -26 -81 -1- RESOLUTIONS Councilmember Kuefler noted the presence of Madeleine Roche at this evening's meeting and requested that the resolution recognizing her public service be moved up on the agenda. RESOLUTION NO. 81 -21 1 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MADELEINE ROCHE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia _Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Kuefler stated that he believed CEAP would not have prospered as much without the leadership of Madeleine Roche and that over the years CEAP and Madeleine have brought a great benefit to the City and its residents. Mayor Nyquist stated he would like to add the ,Council's personal thanks to Madeleine Roche for her leadership in the CEAP organization. The City Manager introduced the first two resolutions on the agenda, one calling for a public hearing on an industrial development revenue bond proposal from Federal Lumber and the other calling for a public hearing on an industrial development revenue bond proposal from Ryan Construction. He pointed out, the proposal. from Ryan Construction comprehends an office complex along Shingle Creek Parkway directly across from the Civic Center and that the Federal Lumber proposal involves the redevelopment of the Federal Lumber and President Homes site. He added, the Federal Lumber proposal is accompanied by a site and building plan which will be discussed later in the evening as a Planning Commission item. He pointed out, Ryan Construction will have the site and building plans prepared at the time of their public hearing. Administrative, Assistant Hoffman noted the public hearings would be set at the February 23, 1981 City Council meeting. RESOLUTION NO. 81 -22 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUBDIVISION 7b The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: 1 -26 -81 -2- RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL I DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing Diseased Shade Tree Removal Project No. 1981 -01 approving specifications for Diseased Shade Tree Removal Project No. 1981 -01, and directing advertisement for bids for Contract No. 1981 -A. RESOLUTION NO. 81 -24 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1981 -01,- APPROVING SPECIFICATIONS FOR DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1981 -01 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1981 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and 'upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting change order no. 1 to Contract 1980 -F (traffic signal installation at Humboldt Avenue North and Freeway Boulevard). He explained, this change order will accommodate a future right turn lane for eastbound Freeway Boulevard traffic onto southbound Highway 100. RESOLUTIO NO. 81 -25 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1980 -F (TRAFFIC SIGNALS AT HUMBOLDT AVENUE NORTH AND FREEWAY BOULEVARD) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving supplemental agreements nos. 3 and 5 to Contract 1980 -G (Shingle Creek Parkway and Humboldt Avenue improvements). Councilmember Scott inquired why the changes were necessary in the project. The Director of Public Works noted, in agreement no. 3, changes in the paving on Humboldt Avenue and 65th are covered so that proper drainage can be achieved. He explained, after the work in the field was 1 -26 -81 -3- started, it was discovered that the drainage as stated in the plans would not be workable and would have to be changed. He explained, in agreement no. 5, due to inadequate information from old plans, the necessary changes were made in the field. Councilmember Lhotka inquired where the costs would be charged. The Director of Public Works explained that the costs were City costs and that they were chargeable to state aid. Councilmember Fignar inquired how the grade changes came to be required. The Director of Public Works explained the plans were not properly drawn and that this became apparent in the field. He added, the cost increase because of the errors in the plans were only 1/3 of the added costs, the remainder being due to inadequate information on drainage in the area. RESOLUTION NO. 81 -26 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENTS NOS. 3 AND 5 TO CONTRACT 1980 -G (SHINGLE CRREK PARKWAY AND HUMBOLDT AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving contract for professional services for orthophoto mapping and stated it is recommended the City complete this second step of the aerial mapping program. He explained, this step produces pictures on an accurate 1" equals 100' scale with a quality which can be used to show existing conditions on many engineering plans. He noted, these pictures also provide valuable information for use by the City Planning Department and by the City Assessor. The Director of Public Works explained, the horizontal distances on these pictures can be measured accurately and they are very useful for engineering and planning purposes. Councilmember Lhotka inquired what the cost was for mapping last year. The Director of Public Works stated the entire City was flown last year, plus the City had contour maps done for the northeast quadrant of the City. He explained, no additional photos will be taken this year and that the pictures taken last year will be enlarged to an accurate scale, noting the cost for the mapping last year, including the flying, was $10,000. RESOLUTION NO. 81 -27 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT FOR PROFESSIONAL SERVICES FOR ORTHOPHOTO MAPPING The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. 1 -26 -81 -4- The City Manager introduced a resolution approving subdivision agreements with Dominion Development Corporation regarding replat of Tract B of RLS 1405. He referred Council members to division 5 of the subdivision agreement on pages 4 and 5 and pointed out this section.was proposed by the developer, fie pointed out, division 5 provides that if 50% or more of the interest in a tract of land is sold to persons other than the original owners or partners, then advance payment of all special assessments on the tract shall be made upon the sale. The Council discussed the general provisions of division 5 of the subdivision agreement. The City Attorney explained that in the past, the City did not require that special assessments be paid at the time of a land sale. He noted, a few months ago the Council approved a policy requiring assessments to be paid when the property is sold. He explained, this sub - division agreement before the Council tonight proposes that advance payment of assessments be made only if 500 of the ownership goes from the original owners. The City Manager explained, this policy is a tool or choice to be made by the City Council and it is a question of whether the City wants to finance future owners of property in Brooklyn Center. If not, he pointed out, then the City would require the assessments be paid at the first sale of the property. RESOLUTION NO. 81 -28 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUBDIVISION AGREEMENTS WITH DOMINION DEVELOPMENT CORPOR- ATION REGARDING REPLAT OF TRACT B OF RLS 1405 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 ther_eok: 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. DISCUSSION ITEMS REVISION OF FIRE RELIEF ASSOCIATION BYLAWS The City Manager noted that the discussion item regarding the Fire Relief Association bylaws was scheduled for 7:30 p.m. and that representatives from the Fire Relief Association, Jim McClure and Jay Hruska, were present at this evening's meeting. The City Manager explained that he and the Director of Finance had been meeting with the Fire Relief Association for the past six months regarding the changes in the Fire Relief Association bylaws. He referred Council members to the memorandum from the Director of Finance regarding the amendments to the Fire Relief Association bylaws. The Director of Finance proceeded to review the recommended changes in the Fire Relief Association bylaws for Council members and pointed out that, in 1967, a special bill was passed for the Fire Relief Association in Brooklyn Center to run the pension through the City. He explained the legislature requires the Council to approve the bylaw changes when they include changes in pension benefits. fie added, in 1979, the state no longer set the maximum limit on pension benefits for retired firefighters. The Director of Finance reviewed the recommended amendments, including an increase in the basic monthly service pension at age 50 after 20 years service from $150 to $250 for firefighters active after December 31, 1980 and an increase in the basic monthly service pension at age 50 after 20 years service by 33 -1 /3o from $150 to $200 for firefighters inactive prior to January 1, 1981. 1 -26 -81 -5- Councilmember Lhotka inquired when the last increase for pension benefits was granted. The Director of Finance explained the last increase in the base pension benefit was made in 1978 and increased the benefit from $125 to $150. The Director of Finance also reviewed other minor changes in the bylaws unrelated to pension benefits. He noted, the state law requires the Mayor to be the ex- officio member of the Fire Relief Association along with the City Clerk, pointing out that this is a change in the law from when the Director of Finance was eligible to be an ex- officio member. RESOLUTION NO. 81 -29 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER`FIRE DEPARTMENT RELIEF ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Jim McClure representing the Fire.Relief Association thanked the Council for their consideration of these amendments to the bylaws and also thanked the Director of Finance and the City Manager for their assistance over the past several months in preparing the amendments. RESOLUTIONS (CONTINUED): The City Manager introduced a resolution awarding insurance contracts and pointed out that as late as four years ago the insurance market began to experience a lack of competition. He added, in 1977, the League of Minnesota Cities, at the urging of local government, created the League of Minnesota Cities Insurance Trust. The LMCIT, he noted, is a joint powers organization governed by a board of city officials representing participating cities. He explained, the League of Minnesota Cities Insurance Trust provided competition in the insurance market and the staff believes this led to the lowering of the City's insurance premiums. He explained, the LMCIT seemed to have an effect on the insurance market but it does need support and the staff is recommending the City award the insurance contract to the League of Minnesota Cities Insurance Trust in order to maintain the needed competition and to provide the best coverage for the least amount of dollars. Councilmember Lhotka stated, the Council has shown an interest in this concept in the past and that he agrees with the Director of Finance and the City Manager in their recommendations and would like to see the Council participate in the League of Minnesota Cities Insurance Trust. In the long run, he pointed out, it will hopefully save money for Brooklyn Center residents. The Director of Finance pointed out that Councilmember Lhotka worked with our state representatives to assure that the League of Minnesota Cities Insurance Trust had a chance to start. He also noted, the League of Minnesota Cities Insurance Trust does not have liquor liability coverage and that the City will have to seek this coverage with the Home Insurance Company through the Fred James Agency. 1 -26 -81 -6- RESOLUTION NO. 81 -30 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia, Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Director of Finance stated he would also request the Council to authorize him to add an endorsement onto the League of Minnesota Cities Insurance Trust proposal for public officials liability. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize the Director of Finance to add an endorsement on the League of Minnesota Cities Insurance Trust proposal for public officials liability. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PUBLIC HEARING ON PROPOSED RE- ASSESSMENT OF IMPROVEMENT PROJECT 1978 -17 (WATER- MAIN - BROOKDALE'ESTATES) The City Manger explained, the public hearing on the proposed re- assessment constitutes the final action required to approve the negotiated settlement with the owners of the Brookdale Towers Apartments and a resolution granting formal Council approval for this re- assessment is provided for consideration by the Council. Mayor Nyquist opened the meeting for the purposes of _a public hearing on the proposed re- assessment of Improvement Project 1978 -17 and inquired if there was anyone present in the audience who wished to speak at the public hearing either for or against the proposed re- assessment. The City Attorney discussed` and reviewed the history of the project with Council members and noted he had talked to Mr. Ryan, the attorney for Brookdale Towers, and that the proposed re- assessment was agreeable to him and his clients. He noted the project involves a watermain which was installed in 1978. 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 Kuefler to close the public hearing on the proposed re- assessment of Improvement Project 1978 -17. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -31 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION RE- ASSESSING WATERMAIN IMPROVEMENT NO. 1978 -17 ON LOT 3, BLOCK 1, HORBAL ADDITION 1 -26-81 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM BYERLY'S FOODS Mayor Nyquist noted it was the appointed 'time on the agenda for the public hearing on the industrial development revenue bond proposal from Byerly's Foods. The City Manager noted that the Planning Commission items at this evening's meeting included the site and building plan review for Byerly's Foods. He referred Council members to Administrative Assistant Hoffman's memorandum regarding the staff review of Byerly's IDR. Councilmember Kuefler noted that, in the site and building plan submitted, there was the potential of between 72,000 and 90,000 square feet for the store. He inquired what would be cut from the store if it were built to the 72,000 square foot specifications as opposed to the 90,000. Mr_ Jim Ryan, representing Ryan Construction, the contractor for Byerly's noted that Byerly's Edina store is 65,000 square feet while the St. Louis Park store is significantly larger since it has many specialty shops in addition to the grocery store and the restaurant. He explained, a final decision on the Brooklyn Center store re- garding the specialty shops has not been made yet and this is why the option is left open to go to the 90,000 square feet. Councilmember Lhotka inquired whether the $10 million represents the total cost of the project. Mr. Ryan explained it was and that an inflation factor is included in this $10 million and that it is an outside figure which includes the specialty shops option. Mayor Nyquist opened the meeting for the purposes of-a public hearing on the industrial development revenue bond proposal from Byerly's Foods. He inquired whether there was anyone present who wished to speak either against or for the application. No one appeared to speak. Councilmember Kuefler inquired of the staff whether the previous IDR proposals have included the land costs in the total cost of the project. Administrative Assistant Hoffman stated that all included the land cost in the cost of the project except Cass Screw and Dale `rile., Except for Medtronic, he pointed out, all applicants have asked for 100% financing but generally they must accept less than 100% when they seek 100% financing from lenders. Councilmember Fignar stated, it is apparent that the applicants of the IDR's in Brooklyn Center will have equity in their projects when they are proposed. The City Manager stated that this would generally be true but it depends on how the g 9 Y P Y arrange the financing with the mortgagor. Mr. Leonard Champer, representing Juran & Moody, Inc., and Byerly's Foods, stated that the the amount of 'financing is a function of credit. As an example, he pointed out, a company like 3M can obtain 100% financing whereas a smaller developer can usually get between 80 to 85%. He explained, larger corporations are usually able to obtain 100% financing. At the City Manager's suggestion, the Council concurred to defer action on the Byerly's Foods 'IDR until after the Planning Commission item is presented. 1 -26 -81 -8- PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Applications Nos. 81001 and 81002 submitted by Federal Lumber. He pointed out, Application No. 81001 has been submitted for site and building plan approval to construct a 49,056 gross square foot office, warehouse and three accessory open storage sheds at 4810 North Lilac `Drive. Application No. 81002, he stated, was for preliminary plat approval to combine into one parcel all of the land occupied by the Federal Lumber operation. He pointed out, redefinition of North Lilac Drive right-of- way is involved and that the Planning Commission recommended approval of both applications at its January 15, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 2 through 6 of the minutes of the January 15, 1981 Planning Commission meeting and also the Planning Commission information sheets pre- pared for Applications 81001 and 81002. The Director of Planning and Inspections reviewed the location of the site and the site and building plan submitted by the applicant. He also reviewed for Council members the proposal to vacate a portion of North Lilac Drive and pointed out the Planning Commission recommended approval of Application No. 81001 subject to 14 conditions which he reviewed for Council members. He pointed out, condtions 10 -a and 10 -b can be eliminated from the Councils consideration. The Director of Planning and Inspections pointed out, the Planning Commission recommended approval of Application No. 81002 subject to 5 conditions which he reviewed for Council members. The Director of Public works reviewed for Council members the proposal to vacate the portion of North Lilac Drive and stated the procedure would be to vacate a portion of the roadway, grant a quit claim deed to the applicant, and dedicate the necessary part of the right -of -way for a cul -de -sac. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81002. He inquired if there was anyone present who wished to speak to the application. No one appeared and Mayor Nyquist entertained a motion to close the public hearing on Application No. 81002. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Application No. 81002. 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. 81001, a request for site and building plan approval to construct a 41,056 square foot office warehouse building and three accessory open storage sheds at 4810 North Lilac Drive, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the-issuance of permits. 1 -26 -81 -9- 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechnical equip- ment shall be appropriately screened from view. 5. All new buildings over 2,000 square feet shall 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. Smoke detectors shall be installed in all accessory structures per Y the direction of the Fire Chief. 7. An underground irrigation system shall be installed in all land- scaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 14 of the City Ordinances. 9. B612 curb and gutter shall be provided around all parking and driving areas used by the general public. 10. The applicant shall enter into a standard utility maintenance agree- ment with the City. 11. Plan approval acknowledges the enlargement of the green strip adjacent to Highway 100 right -of -way to the ordinance required 15' rather than the 5' which presently serves as boulevard for Lilac Drive. The rolled bituminous curb shall be replaced with B612 curb and gutter at the new location. 12. The final plat shall be approved by the City Council and be filed with the County prior to the issuance of building permits. 13. The plan approval acknowledges a "proof of parking" that meets the ordinance requirements. If it is determined that the installed parking proves inadequate, the City may require the installation of any or all of the deferred parking indicated on the site plan. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember F gnar and seconded by Councilmember Kuefler to approve;Application No. 81002, a request for preliminary plat approval to combine into one parcel all of the land occupied by Federal Lumber and comprehending a redefinition of the North Lilac Drive right -of -way, sub - ject 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. 1 -26 -81 -10- 3. Prior to consideration by the City Council, the final plat shall be modified to indicate a 90' diameter cul -de -sac at the southwest corner of the site per City Engineer recommendations and the vacation of the existing North Lilac Drive right -of -way. 4. The applicant shall grant the City a utility easement over the existing North Lilac Drive and shall enter into a standard utility maintenance agreement with the City. 5. The applicant shall grant the City an access easement over the middle driveway leading to the parking area on the Highway 100 right -of -way to allow City maintenance vehicles to turn around in said area. 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 offer for first reading an ordinance vacating a portion of North Lilac Drive. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Applications Nos. 81003 and 81004 submitted by Meriwether Restaurants, Inca He explained, Application No. 81003 is for.site and building plan approval to construct a 238 seat restaurant on the parcel of land located at the southwest corner of Shingle Creek Parkway and Freeway Boulevard and Application No. 81004 is for preliminary RLS approval establishing new boundaries for the parcel of land at the southwest corner of Shingle Creek Parkway at Freeway Boulevard after the highway taking. He added, the Planning Commission recommended approval of Applications Nos. 81003 and 81004 at its January 15, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 6 through 9 of the Planning Commission minutes of the January 15, 1981 meeting and also the Planning Commission information sheets prepared for Applications 81003 and 81004. He proceeded to review the location of the subject parcel and reviewed a transparency of the site plan. He pointed out, the Planning Commission recommended approval of Application No. 81003 subject to 13 conditions which he reviewed for Council members. There was a general discussion among Council members of the application and a presentation of the building plans was made by Mr. Nelson, representing the applicant. Mr. Nelson explained the anticipated opening date for the restaurant is September 1, 1981. He explained, this will be the first Meriwether Restau- rant in the metro area and noted there is now one restaurant in Detroit and one in Chicago under construction. Mayor Nyquist opened the meeting for the purpose of a public hearing on the special use permit request on Application No. 81003. He inquired if there was anyone present who wished to speak to the application. No one appeared and Mayor Nyquist 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. 81003. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. 1 -26 -81 -11- There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 81003, a request for site and building plan approval and a special use permit to construct a 238 seat restaurant on the parcel of land located at the southwest corner of Shingle Creek Parkway and Freeway Boulevard and offering live entertainment, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 5. The permit is subject to all applicable codes, ordinances, regula- tions and violation thereof shall be grounds for revocation. 6. The special use permit acknowledges light live entertainment such as a piano player, guitarist, or roving minstrels for background music, but does not comprehend bands, dancing, etc. which will require an additional special use permit. 7. Any outside trash disposal facilities and rooftop mechanical equip- ment shall be appropriately screened from view. 8. 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. 9. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 11. B612 curb and gutter shall be provided around all parking and driving areas. 12. The plans shall be modified to indicate a fire hydrant at the easterly entrance on Freeway Boulevard. 13. The plans shall comprehend a sidewalk to provide pedestrian access to this site from adjacent sidewalks. The staff is directed to prepare a report and recommendation to the City Council regarding whether 'the City's sidewalk network should be expanded to include sidewalk along the southerly Freeway Boulevard right -of -way. 1 -26 -81 -12 CORRECTION Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. Mayor. Nyquist opened the meeting for the purpose of a public hearing on Application No. 81004. He inquired if there was anyone present who wished to speak to the application. No one appeared to speak and Mayor Nyquist enter- tained a motion to close the public hearing. • There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing on Application No. 81004. 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 recommend approval of Application No. 81004, a request for preliminary RLS approval establishing new boundaries for the parcel of land at the southwest corner of Shingle Creek Parkway and Freeway Boulevard following highway taking, 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. 3. Building permits will not be issued until the RLS is finaled and filed with the County. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Application No. 81005 submitted by Lisa Rogers Carter for a special use permit to conduct a home occupation in the basement of the residence at 5308 Humboldt Avenue North. He noted the Planning Commission recommended approval of Application No. 81005 at its January 15, 1981 meeting, The Director of Planning and Inspections presented and reviewed for Council members pages 9 through 10 of the Planning Commission minutes of the January 15, 1981 meeting and also the Planning Commission information sheet prepared for Application No. 81005. He reviewed the special use permit application and the location of the subject parcel for Council members. He noted the Building Official inspected the premises and noted that some electrical work had been done without a building permit and that the work did not meet code. He stated the staff is recommending that this be corrected before the application is approved. He indicated proper notices had been sent regarding the public hearing on the special use permit and that the applicant was present at this evening's meeting. He added, the Planning Commission recommended approval of the applica- tion subject to 7 conditions which he reviewed for Council members. Council- member Lhotka inquired_ whether` it is standard procedures to require an exit sign as one of the conditions for a business of this nature. The Director of Planning 1 -26 -81 -13- and Inspections stated that it was often required and that the Building Official may require the exit signs, adding that this can be added to condition no. 6 of the Planning Commission conditions. Mayor Nyquist recognized the applicant who stated that the building permit for the electrical work had been taken out and that she has obtained a bid for this work. Mayor Nyquist inquired whether there was anyone else who wished to speak to the application. No one appeared and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Council - member Lhotka to close the public hearing on Application No. 81005. 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 Fignar to approve Application No. 81005, a request for a special use permit for a home beauty shop in the basement of the residence at 5308 Humboldt Avenue North, 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 applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. 3. A copy of the applicant's current state operator's license shall be kept on file with the City. 4. All parking associated with the special use shall be off - street on space provided by the applicant. 5. The hours of operation shall be limited to Monday through Friday, noon to 8:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. Service shall be provided on an appointment only basis. 6. The applicant shall install a fire extinguisher in the beauty shop room and shall separate that room from other areas of the basement with a curtain or door. An exit sign shall be posted indicating the egress to the outside from the beauty shop room. 7. The applicant shall correct all remodeling and electrical work in the basement area which does not meet code requirements prior to the issuance of-the special use permit. Voting in favor: -Mayor Nyquist, Counci lmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Application No. 81006 submitted by Ryan Oldsmobile for site and building plan and special use permit approval to construct a used car sales office and a Mazda sales office connected to the existing sales building by a canopy, at 6700 Brooklyn Boulevard. He noted, the Planning Commission recommended approval of Application No. 81006 at its January 15, 1981 meeting. 1 -26 -81 -14- The Director of Planning and Inspections presented and reviewed for Council members pages 10 through 11 of the minutes of the January 15, 1981 Planning Commission meeting and also the Planning Commission information sheet prepared for Application No. 81006. The Director of Planning and Inspections reviewed for Council members the location of the subject parcel and also the site and building plan proposed. He noted, the Planning Commission held a public hearing on Application No. 81006 and that the proper notices had been sent regarding the special use permit request. The Director of Planning and Inspections pointed out that the Planning Commission recommended approval of Application No. 81006 subject to 5 conditions which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81006 and inquired if there was anyone present who wished to speak to the application. No one appeared to speak and Mayor Nyquist enter - tained a motion to close the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to close the public hearing on Application No. 81006. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka' to approve Application No. 81006, a request for a site and building plan and special use permit approval to construct a used car sales office and a Mazda sales office, each connected to the existing sales building by a canopy at 6700 Brooklyn Boulevard, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. The two upper 'floors and the new sales offices shall be equipped with an automatic fire extinguishing system in accordance with NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3. The special use permit as amended is issued to the applicant as operator of the facility and is nontransferable. 4. The permit is subject to all applicable codes, ordinances, regulations and violation thereof shall be grounds for revocation. 5. Plan approval is exclusive of all signery which is subject to the provisions of the Sign Ordinance. Voting in favor_: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Attorney left the table at 9:40 p.m. 1 -26 -81 -15- The City Manager introduced Applications Nos. 81007 and 81008 submitted by Ryan. Construction /Byerly's Foods. He explained, Application 81007 was for site and building plan approval to construct a 90,000 square foot food store with ,a 200 seat restaurant at 6100 Shingle Creek Parkway, and Application 81008 was for preliminary RLS approval to combine into two parcels the land north and west of LaBelle's, north of John Martin Drive, east of Shingle Creek Parkway and south of Summit Drive.. He pointed out, the Planning Commission recommended approval of Applications 81007 and 81008 at its January 15, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 11 through 14 of the Planning Commission minutes of the January 15, 1981 meeting and also the Planning Commission information sheets prepared for Applications 81007 and 81008. The Director of Planning and Inspections reviewed the location of the subject parcel and also the proposed accesses to the site along with the grading and landscaping plans for the project. He noted, the staff suggested the pre - liminary plat account for the maximum square footage planned for the building since it is relatively easier to scale down the project than it is to increase it in size. He added, the Planning Commission recommended approval of Applications 81007 and 81008 subject to conditions which he reviewed for Council members. He added, proper notices of the preliminary plat review have been sent and that the applicant is present at this evening's meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81007 and inquired if there was anyone present who wished to speak to the application. No one appeared to speak and Mayor Nyquist enter - tained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing on Application No. 81007. 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. 81007, a request for a site and building plan approval to construct a 90,000 square foot food store with a 200 seat restaurant at 6100 Shingle Creek Parkway, subject to the following conditions: 1. Building plans are subject to review and approval `b the Building 9 P J Y g 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 guarnatee (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. 1 -26 -81 -16- 4. Any outside trash disposal facilities and rooftop mechanical equip - ment,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 driving and parking areas. 9. Plan approval acknowledges a "proof of parking" meeting ordinance requirements. Should it be determined in the future that installed parking is insufficient to meet the public demand, the City may require installation of additional parking stalls (or restriping) to achieve the ordinance requirement of 623 spaces. 10. The proposed RLS shall have received final approval from the City Council and filed at the County prior to the issuance of building permits. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously." There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Application No. 81008, a request for preliminary RLS approval to create two parcels of land west and south of LaBelle's, north of John Martin Drive, east of Shingle Creek Parkway, south of Summit Drive, subject to the following conditions: 1. The final plat is subject to the approval of the City Engineer. 2. The final plat is subject to the requirements of Chapter 15. 3. An easement across the northeasterly edge of Tract B shall be filed with the final RLS to provide access from John Martin Drive to the Byerly's store Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. CONTINUATION OF PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM BYERLY' FOODS Mayor Nyquist noted that the public hearing on the industrial development revenue bond proposal from Byerly's Foods would be continued. Councilmember Lhotka requested to know why the Council set the original $6 million limit on IDR's. The Director of Finance stated that at the time the Council set the limit, the City was new to the area of IDR's and wanted to assess the experience with them gradually. The City Manager pointed out that virtually all other 1 -26 -81 -17- cities dealing with IDR's have abandoned such dollar limits and that essentially the Council has traded the dollar limit for evaluating each project on its own merit. The City Attorney returned to the table at 9:50 p.m. The City Manager pointed out, the staff believes the Council should judge each project on its own merit, adding that interest rates have continued to remain high which is the major reason why IDR's are virtually the only construction occuring in the state in terms of commercial development.` Councilmember Lhotka stated he would request the Council to evaluate the status of the City's involvement with IDR's at an upcoming meeting. The City Manager stated, the staff would request some direction from the Council regarding those IDR applications already under way. Councilmember Lhotka stated he would like the Council to examine the current status of the IDR's but that this would not necessarily imply placing conditions on granting future IDR's. Councilmember Kuefler inquired of the applicant when the store would be opening. The applicant stated the Byerly's store would be planned for opening in late or middle 1983. 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 Lhotka to close the public hearing on the industrial development revenue bond proposal from Byerly's Foods. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -32 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 9:55 p.m. and reconvened at 10:15 p.m. CONTINUATION OF PLANNING COMMISSION ITEMS The City Manager introduced Application No. 81009, submitted by Thomas Wilhelmy, noting that this item was an appeal from the decision by the Director of Planning and Inspections not to accept an application for a special use permit to 1 -26 -81 -18- construct a convenience store /gas station at the northeast corner of ;69th and Brooklyn Boulevard. He added, the property in question abuts R -1 zoned land at a property line and across June Avenue North, conditions which prohibit a gas 'station use on C =2 zoned property. The City Manager noted, the Planning Commission recommended denial of the appeal at its January 15, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 14 through 18 of the Planning Commission minutes for the January 15, 1981 meeting and also the Planning Commission information sheet prepared for Application No. 81009. He stated, the applicant is appealing an action of the Director of Planning and Inspections and noted that the land in question is zoned C -2 and its abutment to R -1 property means that a special use permit could not be permitted under the provisions of the zoning ordinance. The Director of Planning and Inspections reviewed the subject parcel for Council members and noted the appeal of the applicant is on two counts, one being that the secretary of the Planning Commission does not have authority to refuse to accept an application for a special use permit, the other being the interpretation of the zoning ordinance made by the Director of Planning and Inspections. Regarding the first point in the applicant's appeal, the Director of Planning and Inspections noted there is no law prohibiting the action of denying an application by the Director of Planning and Inspections. He ,pointed out that to be required to accept any and every application which must ultimately be denied by the City Council, absent a change in the Zoning Ordinance, would place an unreasonable burden on the Planning, Commission, City Council, and even the applicant. He added that one basic requirement before an application can be accepted is compliance of the use itself to the restrictions in the ordinance. He noted the Planning Commission and City Council have upheld a similar decision to not accept an application under Planning Commission Application No. 79037 submitted by Howe Fertilizer. He added that in cases where the interpretation of the Zoning Ordinance is the first and foremost question to be resolved, the appropriate procedure for resolution is the appeal process. Regarding the second point of the applicant's appeal, he noted the applicant is contending that the project proposed by the application is a store, not a service station, and thus is a permitted use in the C -2 zone. He stated, the staff positicn is that the definition in the Zoning Ordinance encompasses a combination service station /convenience store as a service station subject to the conditions and restrictions imposed. The applicant, he pointed out, states that in order to be classified as a service station, the business must offer such items as battery, tire and other similar services which the proposed business in Application 81009 will not be providing. He pointed out, the staff would contend that the inclusion of these type of activities in the service station definition are an option and would not be a necessary function of a service station. He noted that the City has always treated the retail sale of gasoline as a special use, whether it was in conjunction with the service and repair of motor vehicles; whether it was in conjunction with the sale of food or other items such as O.K. Tire, SuperAmerica, 7- Eleven, 0 Petroleum; or as an activity by itself such as at the old Shoppers City Gas Station or Pyramid Gas Station. He pointed out that additions or alterations must conform to the Zoning Ordinance requirements and to the conditions specified in Section 35 -111 regarding nonconforming uses. He noted that the existing O.K. Tire is a nonconforming use because it abuts residentially zoned property and, therefore, cannot be expanded to occupy a greater land area or moved to any other part of the parcel. of land on which it occupies. He stated that the end result of the 1 -26 -81 -19- applicant's proposal, provided a rezoning was granted, would result in a service station abutting R -1 zoned property at a street line, and possibly at a property line, which is not allowed by the Zoning Ordinance and, thus, the application was not accepted. I The Director of Planning and Inspections noted there was a lengthy discussion concerning the application at the January 15, 1981 Planning Commission meeting and that the Planning Commission unanimously recommended denial of the applicant's appeal. He noted there was no public hearing required for this application but that the applicant was present this evening. Councilmember Fignar inquired whether the proposed facility in the application was similar to the SuperAmerica station at 57th and Logan. The Director of Planning and Inspections stated the proposed station would be similar to the SuperAmerica station. Mayor Nyquist recognized Mr-. Tom Wilhelmy, the attorney representing the applicant. Mr. Wilhelmy stated his client was seeking to develop a Western store on the corner of 69th and Brooklyn Boulevard and that the proposed store is unlike a SuperAmerica or Holiday Station in that these stations have a larger line of products, whereas his client concentrates on food and apothecary items. He explained, the proposed site is a busy area and could not be considered a quiet residential area. Mr. Wilhelmy reviewed the current uses on the site including O.K. Tire, a flower shop, and a TV repair business. He noted the estimated market value of the proposed Western store would be between $250,000 and $300,000 and that the projected taxes would be $9,000 or approxi- mately three times the current amount realized from that site. He explained, there are essentially three issues involved in his appeal, the first being that no authority is given to the Director of Planning and Inspections to reject an application and that the state enabling act vests this power with the City Council. He stated, the second point of his appeal involves the question of whether the proposed use constitutes a service station. He noted the definition of the service station in the Zoning Ordinance discusses the problems and concerns of service stations in that they are very noisy places of business usually with cars to be repaired standing outside the service station building. He reviewed the case of Minneapolis vs. Southland Corporation and pointed out, the court, in this case, found that the 7- Eleven store did not constitute a service station simply because it had gas pumps and that the City could not prevent a 7- Eleven store from having gas pumps. He noted the Western store is not a traditional service station and that his client's use falls into the automotive sales area but not into the traditional service station functions in that no cars would be waiting outside to be repaired, since there would be no repair work performed on the site. He noted, redevelopment of this parcel would be an asset to the City and would provide a needed service. The third point of his appeal, he pointed out, dealt with nonconforming uses. He noted Section 35 -414 subsection 11 of the Zoning Ordinance dealt with nonconforming use and that it recognizes a particular problem with automobiles and added that Section 35 -414 conflicts with Section 35 -111. Ile stated, the focus of the Zoning Ordinance is on uses of the property and not of the products sold thus the restrictions on a traditional service station should not be placed on the project proposed by his client. 1 -26 -81 -20- Councilmember Fignar inquired whether the SuperAmerica Station at 57th and Logan abuts an R -1 zone and was this a precedent setting case. The City Attorney noted that, in the SuperAmerica application, both the City and the applicant agreed the use was a service station and that the argument arose regarding whether the _station fronted on Logan or 57th. He stated, this situation has no bearing on the matter before the Council this evening. He added, the kind of merchandising the applicant refers to occurs at other sites throughout the City and they are classified as service stations. The Director of Planning and Inspections pointed out that after the SuperAmerica case, the current Section 35-414 of the Zoning Ordinance was put in to address the situation where a service station would abut an R -1 zone. Councilmember Fignar stated he does not view this proposed project as significantly different than the 57th and Logan situation. He stated his concern about the project would be related to light splash from the proposed store, potential traffic problems within the site and hours of operation. Mayor Nyquist recognized Mr. Wilhelmy who pro - ceeded to review the proposed site plan of the Western store for Council members. Councilmember Kuefler requested the City Attorney to comment on the action of the Director of Planning and Inspections not accepting the application. The City Attorney stated, there is no specific language in the Zoning Ordinance addressing this situation but that the state law says an administrative decision can be appealed by an applicant. He added, when an application is submitted which does not fit into the ordinance, the Director of Planning and Inspections has two choices, one of which is to reject the application and the other is to bring forward the applicant's program and attempt to work it into the ordinance, to make it appear to fit into the ordinance, thus making it something it is not in reality. The City Attorney noted that the Director of Planning and Inspec- tions method is the former, that of rejecting the application, and is the most straightforward approach to the problem. He stated he does not believe the Director of Planning and Inspections acted wrongfully in this situation, particularly in light of the fact that the matter is before the Council regarding the ordinance interpretation. He added that the ordinance may be due for an amendment. Councilmember Kuefler inquired whether the Council's past actions on these types of projects would act as a clarifier of the ordinance in this ca=se. The City Attorney explained the Council has classified similar operations as service stations in the past and that these actions would tend to clarify the ordinance. Councilmember Scott stated she would view the operation as a gas station particularly in consideration of the amount of gallons allocated to the applicant. She added, she would support the Planning Commission's recommendations pointing out that the primary function of this project would be dispensing gas. Mayor Nyquist recognized Mr. Wilhelmy who addressed the Council and stated he does not believe an ordinance change is necessary in this situation when he feels the current ordinance would permit his client's project. The City Attorney noted that, regarding the definition of a service station, it should he done by an ordinance change and not by defining this particular project differently than the Council has defined service stations in the past. Mayor Nyquist inquired what the Council's wishes were on this item and there was a motion by Councilmember Lhotka and seconded by Councilmember Scott to 1 -26 -81 -21- I uphold the Director of Planning and Inspections' decision on Application 81009 and noting that the motion is made with regard to the following three points. 1. The Secretary does have authority not to accept an application that does not comply with the Zoning Ordinance. i 2. The proposed use is a gasoline service station as defined by the Zoning Ordinance and approval of a special use would be a zoning violation. x 3. The existing gasoline service station is not exempt from the non- conforming use provision of Section 35 -111 prohibiting the use from being moved to another part of the parcel of land or to be expanded beyond its existing premises. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: Councilmember Fignar, the motion passed. RESOLUTIONS CONTINUED RESOLUTION NO. 81 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND SUBURBAN COMMUNITY SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -34 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF LITTER RECEPTACLES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -35 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR SELF- PROPELLED LINE MARKING MACHINE f, The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1•- 2 -6 -81 -22- `' i RESOLUTION NO. 81 -36 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ALUMINUM STREET SIGNS The motion for the adoption of the foregoing resolution was duly seconded by F member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -37 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING DONATION FROM FARMERS AND MECHANICS SAVINGS BANK The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -38 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ENDORSING AND SUPPORTING THE MINNESOTA RIDESHARE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced ,a handout resolution authorizing the City Engineer to retain the service of Soil Testing Services of Minnesota, Inc. for sub- surface soil analysis on Xerxes Avenue North and 63rd Avenue North. RESOLUTION NO. 81 -39 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY ENGINEER TO RETAIN THE SERVICES OF SOIL TESTING SERVICES OF MINNESOTA, INC. FOR SUBSURFACE SOIL ANALYSIS ON XERXES AVENUE NORTH AND 63RD AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1- 26--81 -23- DISCUSSION ITEMS CONTINUED REVOCATION OF PRELIMINARY IDR APPROVAL FOR DALE TILE The City Manager referred Council members to a memorandum from Administrative Assistant Hoffman dated January 22, 1981 which addressed this item. He stated, the staff is recommending that Dale Tile pay the entire $2,000 application fee. Councilmember Kuefler inquired whether the applicant was aware of the,$2,000 fee at the time of the application. Administrative Assistant Hoffman stated the applicant was aware, of the $2,000 fee. Councilmember Kuefler suggested indicating the full fee to the applicant but.only charging for the actual expenses incurred by the City related to this application. Administrative Assistant Hoffman pointed out, the City Attorney's fees will be in addition to the $2,000. The City Manager suggested authorizing the staff to bill the current City expense and also to rescind the preliminary approval for the IDR since Dale Tile has failed to pursue this project since receiving their preliminary approval. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize the staff to bill Dale Tile for the current City expenses incurred for the industrial development revenue bond application of Dale Tile and also to rescind approval of the industrial development revenue bond proposal from Dale Tile. 'Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PRELIMINARY REVIEW OF THE 1981 PUBLIC IMPROVEMENT PROGRAM The Director of Public Works noted that the purpose of this preview is to advise the Council that the Public Works Department is working on preliminary reports and designs covering these projects and that they invite any comments regarding the projects. The Director of Public Works proceeded to review and show transparencies of the various public improvement projects proposed for 1981 including, Shingle Creek Parkway — County Road 10 to I -94 geometric improvements, reconstruction of Xerxes Avenue between County Road 10 and T.H. 100, 55th Avenue from Xerxes to Brooklyn Boulevard and 56th Avenue from' Xerxes to Brooklyn Boulevard, reconstruction of 63rd Avenue North from Brooklyn Drive to Beard Avenue, neighborhood park improvements, and 51st Avenue water and sanitary sewer installation, west of Twin Lake Boulevard. 1981 LEGISLATIVE PROGRAM The City Manager referred Council members to a memorandum from Administrative Assistant Hoffman reviewing four major areas of concern with regard to legislative proposals for 1981, including establishment of a municipal speed limit, fire sprinkler statutes, 73rd and the River Road improvements, and the energy conservation program. The City Manager also reviewed prospects for 1981 state aids pointing out that the Governor will likely recommend no increase in the state aids. He added, other bills such as amendments to the tax increment financing law will likely limit the law's flexibility. He noted that, with regard to data privacy regulations, there will likely be changes made in those laws by the 1981 legislature. GAt LICENSES The City Manager noted, the City had received two applications for gambling licenses, one from the American Little League Baseball Program and the other from Orchard Lane Parent - Teachers Association. 1 -26 -81 -24- There was a motion by Councilmember Lhotka and seconded by Councilmember ` Kuefler to approve a Class B gambling license for the American Little League Baseball Program. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the waiver of a $10,000 fidelity bond on the Class B gambling license for the American Little League Baseball Program. 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 the application for a Class A gambling license from the Orchard Lane Parent - Teacher Association. 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 Fignar to approve the waiver of the $10,000 fidelity bond for the Class A gambling license for the Orchard Lane Parent- Teacher Association. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none, the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: BAKERY FOOD VEHICLE LICENSE Good Earth Restaurant 5717 Xerxes Ave. N. CATERING VEHICLE LICENSE Brooklyn Center Community Center 6301 Shingle Creek Pkwy: CIGARETTE LICENSE Miernik Vending 7251 Commerce Circle Hiawatha Rubber 1700 67th Ave. N. FOOD ESTABLISHMENT LICENSE Baskin Robbins - 31 Flavors Brookdale Shopping Ctr. Big -Bi Service Station 5710 Xerxes Ave. N. Bridgeman Creameries 8151 Normandale Blvd. Bridgeman's 1272 Brookdale Shopping Ctr. Bridgeman`s 6201 Brooklyn Blvd. Brook lurk Baptist 4801 63rd Ave. N. Brookdale Christian Center 6120 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn, Center Country Boy 4401 69th Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. L -26 -81 -25- Burger King 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. C.E.A.P. 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Cross of Glory Church 5940 Ewing Ave. N. Dayton's , 1100 Brookdale Shopping Ctr. Donaldson's 1200 Brookdale Shopping Ctr. Earle Brown Bowl 6440 James Circle Earle Brown Elementary School 5900 Humboldt Ave. N. Evergreen Park Elementary School 7020 Dupont Ave. N. Faith Community Church of God 6630 Colfax Ave. N. Food Enterprises, Inc. 1200 Multifoods Bldg. Hickory Farms Brookdale Shopping Center Mr. Stuart Ackman 100 N 6th St. Good Earth Restaurant Westbrook Mall Happy Dragon Restaurant 5532 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Holiday Inn 1501 Freeway Blvd. Independent School Dist. ##279 317 2nd Ave. N.W. Willow Lane School 7020 Perry Ave. N. Lutheran Church of the Master 1200 69th Ave. N. Lynbrook Bowl, Inc. 6357 North Lilac Drive McDonald's 5525 Xerxes Ave. N.. Northbrook Alliance Church 6240 Aldrich Ave. N. Northport p t Elementary School 5421 Brooklyn Blvd. L.G. Inc. 1330 West County B Orange Julius of Brookdale 1396 Brookdale Shopping Ctr. J.C. Penney Co., Inc. 1265 Brookdale Shopping Ctr. Perkins Cake & Steak, Inc. 5915 John Martin Drive Plitt Brookdale Th Bather 2501 County Road 10 Service Systems Corp. Soo Line Bldg. N.W. Bell 5910 Shingle gle Creek Pkwy. Servomat,ion Corp. 7490 Central Ave. N.E. Medtronics Earle Brown Drive 7-Eleven levennics 6700 Shingle Creek Pkwy. 1500 69th Ave. N. Smoke Haus 5001 Drew Ave. N. St. Alphonsus Church 7025 Halifax Ave. N. Thrifty Scot Motel 6445 James Circle F.W. Woolworth, wor ,h, Inc. 1212 Brookdale Center GAMBLING LICENSE Brooklyn Center Am. Little League 2919 64th Ave. N. Orchard Lane School PTA 6201 Noble Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Howard Baurermeister 5809 Boone Ave. N. Pizza Factory 6816 Humboldt Ave. N. Bill's Juice Vending 3900 Beard Ave. S. Holiday Inn 1501 Freeway Blvd. Marc's Budgetel 6415 James Circle N. 1 -26 -81 -26- Bill's Vending Service 7317 West Broadway Brooklyn Center Skelly 6245 Brooklyn Blvd. Bond Tool and Die Co. 6840 Shingle Creek Pkwy. ' Bonine Vending 125 River Edge Way Brookdale Towers 2810 ,County Road 10 Cat Pumps Corp. 1600 Freeway Blvd. Consumer Vending Co. 2727 26th Ave. S. Federal Lumber 4810 North Lilac Dr. Cook Paint 4800 North Lialc Dr. Country Club Market 5715 Morgan Ave. N. Earle Brown Bowl 6440 James Circle Gold Medal Beverage Co. 553 North Fairview Ave. Duane's OK Tire 6900 Brooklyn Blvd,. Hi -Lo Manufacturing 6520 James Ave. N. North Star Dodge 6800 Brooklyn Blvd. Northport School 5421 Brooklyn Blvd. Snyder Bros. Drug Brookdale Shopping Ctr. Warner Hardware 2105 57th Ave. N. Johnny's Inc. 6846 Brooklyn Blvd. Pilgrim Cleaners 5748 Morgan Ave. N. Lynbrook Bowl, Inc. 6357 North Lilac Dr. Midwest Screw Products 3410 48th Ave. N. Midwest Vending Co. 2212 West 94th Street `Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Miernik Vending 7251 Commerce Circle Hiawatha Rubber 1700 67th Ave. N. Minnesota Fabrics 5712 Morgan Ave. N. Precision, Inc. 3415 48th Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. Saber Dental Studio 6800 Shingle Creek Pkwy. Theisen Vending Co. 3804 Nicollet Ave. S. Bill West 2000 57th Ave. N. Thrifty Scot Motel 6445 James Circle PERISHABLE VENDING MACHINE LICENSE Apple -A -Day, Inc. Route 4, Box 18 Brooklyn Center High School 6500 Humboldt Ave. N. Bill's Juice Vending 3900 Beard Ave. S. Marc's Budgetel 6415 James Circle Bonine Vending Co. 125 River Edge Way Brookdale Towers 2810 County Road 10 Earle Brown Bowl 6440 James Circle Miernik Vending 7251 Commerce Circle Hiawatha Rubber 1700 67th Ave. N. RENTAL DWELLING LICENSE Lnitial: Bruce & Twyla Van Beusekom 4913 Beard Ave. N. Charles 9. Hillstrom 6527 Drew Ave. N. John S. Tschohl 6912 Morgan Ave. N. Raymond & Grace Harr 6406 Scott Ave. N. Clarence & Irene Fransen 4204 69th Ave. N. 1-26 --81 -27- Renewal: Gary Scherber 4708 Lakeview Ave. N. William & Dorothy Goins 6331 Noble Ave. N. Catherine P. Shefeluk 3012, 18 - 51st Ave. N. Gary M. Olson 3715 69th Ave. N. SPECIAL FOOD HANDLING LICENSE Fun Services, Inc. 3701 50th Ave. N. Ideal Drug Store 6800 Humboldt Ave. N. Mary Shutes 5212 Kellogg Ave. Gift Shop Too, Holiday Inn 1501 Freeway Blvd. Weight Loss Medical Centers 6040 Earle Brown Dr. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager pointed out that, two tentative dates had been set for the joint meeting with the District 281 School Board and the Council, those being February 2 and March 2. There was a general concurrence among council members to approve the March 2, 1981 date as the date for the joint meeting. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefl.er, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 12:10 a.m. 7414 Clerk M y r 1 -26 -81 -28-