Loading...
HomeMy WebLinkAbout1981 02-23 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 23, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, 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, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Fignar was out of town and would be absent from this evening's meeting. INVOCATION The invocation was offered by Pastor Nelson of the Berean Evangelical Church. APPROVAL OF MINUTES - FEBRUARY 9, 1981 There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of February 9, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. MAYOR'S PROCLAMATION FOR KELLYWEEK Mayor Nyquist introduced a proclamation recognizing March 9 through March 15, 1981 as " KELLYWEEK" and recognizing Kelly Girl of the Year. Mayor Nyquist presented the proclamation to representatives of Kelly Services including Nadine Tessman, the resident branch manager in Brooklyn Center, and Judy Foy, a resident of Brooklyn Center and the 1980 Kelly Girl of the Year. Mayor Nyquist expressed his thanks to the representatives from Kelly Services for attending this evening's meeting and congratulated Judy Foy on being chosen Kelly Girl of the Year. 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. APPOINTMENTS TO CONSERVATION COMMISSION Councilmember Scott stated that Commissioner Fred Albright had agreed to serve as the Chair of the Conservation Commission replacing Mary Ellen Vetter. She added, she was also recommending the appointment of Jay Jacobson to replace Henry Dorff who had resigned from the Commission. She noted she had interviewed Mr. Jacobson and believed he would be an asset to the Commission. City Attorney Richard Schieffer arrived at 8:10 p.m. 2 -23 -81 -1- There was -a motion by Councilmember Scott and seconded by Councilmember Kuefler to confirm the appointment of Fred Albright as Chairman of the Conservation Commission and to confirm the appointment of Jay Jacobson to the Conservation Commission replacing Henry Dorff for a three year term beginning January 1, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. APPOINTMENT TO PLANNING COMMISSION The City Manager stated, it is recommended the appointment of Lowell Ainas to the Planning Commission be confirmed by the City Council. He noted Mr. Ainas is replacing Dan Erickson who resigned from the Commission. He added, Mr. Ainas has resigned from the Housing Commission to serve on the Planning Commission. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka confirming the appointment of Lowell Ainas to the Planning Commission to serve a two year term beginning January 1, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. PERFORMANCE BOND RELEASE - THE PONDS, PLAT 6 The City Manager referred Council members to a memorandum from the City's Planning Assistant regarding the release of a performance guarantee in The Ponds, plat 6. He explained, in accordance with the requirements of the performance guarantee, all utilities, paving, curb and gutter have been installed in accordance with the approved plan. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to release the performance guarantee on The Ponds, plat 6, Ponds Drive North and Unity Avenue North, in the amount of $55,000 the obligor being Meadow Corporation. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. RESOLUTIONS The City Manager introduced a resolution calling for public hearing on a request for an industrial development revenue bond for M & M Development. He noted that the project proposed by M & M Development was located on the property behind the SuperValu Store across from Westbrook Mall. Council - member Kuefler inquired what the overall development schedule would be for the project. Mr. Gary Holmes, one of the applicants in the project, stated that the project would consist of three office buildings, which would be developed over the next 18 months, the first building would be constructed to a point where tenant improvements could be brought in within four and a half months from the start of construction. He explained, the last building would entail another four and a half months but that all buildings would be constructed within the 18 month period. The City Manager noted that the plans for the project will be sent to the Planning Commission for site and building plan approval and will be returned to the City Council in conjunction with the public hearing on the industrial development revenue bond. Councilmember Lhotka noted that the City's bond counsel, at the last Council meeting, suggested that project plans for IDR proposals be- reviewed prior to the public hearing rather than at the public hearing. The City Manager stated that this review procedure could be conducted in this manner at the Council's option and that project plans could be reviewed prior to the public hearing for an IDR. 2 -23 -81 -2- The City Manager stated, in the staff review of the IDR proposal, staff has observed that the City has had certain problems with outstanding performance bonds with one of the partners in the project. He explained, the performance bonds were related to various projects throughout the City and he wanted to make the Council aware of this problem. Councilmember Kuefler suggested that the Council should not be considering subsidizing persons with these types of problems outstanding with the City. He added, with regard to the IDR application itself he is very positive. Councilmember Kuefler inquired when the plans would go to the Planning Commission for review. The Director of Planning and Inspections noted that the plans will go to the Planning Commission this Thursday and will be before the City Council at the March 9 meeting. Mr. Gary Holmes noted that the problems with the outstanding performance bonds had come to his attention only this afternoon and he added that it is not essential for the particular individual with the outstanding performance bonds to be involved in the project. RESOLUTION NO. 81 -45 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL DEVELOPMENT REVENUE BOND OR TAX EXEMPT MORTGAGE NOTE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT AND AUTHORIZING PUBLICATION OF A NOTICE OF THE 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, 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 the next item on the agenda which was a resolution accepting the bid and approving a contract form for Contract 1981 -A for Diseased Shade Tree Removal Project 1981 -01. The Director of Public Works explained that the City is not completely familiar with the apparent low bidder on this project and that the staff would-request more time to check into the background and past performance of this particular contractor. He suggested tabling this resolution until the March 9 City Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to table the resolution accepting bid and approving contract form for Contract 1981 -A (Diseased Shade Tree Removal Project 1981 -01) to the March 9, 1981 City Council meeting. Voting in favor: Mayor Nyquist, Council - members Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. The City Manager introduced a resolution establishing Freeway Boulevard Street Improvement Project 1981 -04, accepting City Engineer's report, and ordering preparation of plans and specifications. He explained, this _item comprehends the right turn lane near the Holiday Inn from east on Freeway Boulevard to south on Humboldt Avenue. The Director of Public Works stated, an agreement has been reached with the state on the project that if the City will construct the curb and gutter for the right turn lane the state will pave the roadway. 2 -23 -81 -3- RESOLUTION NO. 81 -46 Member Gene Lhotka introduced the following resolution and moved its adoptions RESOLUTION ESTABLISHING FREEWAY BOULEVARD STREET IMPROVEMENT PROJECT 1981 -04, ACCEPTING CITY ENGINEER'S REPORT, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, 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 the next two agenda items which were resolutions authorizing execution of agreements for professional services with Brauer & Associates, Inc. for the design of Palmer Lake Park improvements and for the design of Central Park improvements. He explained, these two areas will be target areas for future LAWCON grants and that the base information provided by the consultants' work is needed for the grant application information. He noted, the staff is recommending Brauer & Associates because of their past work with the City and the .familiarity with the park projects in the City. He explained, the cost for the studies are partially recoverable under the LAWCON grants. He added, the study for the Plamer Lake area comprehends the development of a master plan for park facilities within the souther portion of the park and that the study for Central Park includes the plaza area of Central Park. He stated, Brauer & Associates were particularly effective in development of the arboretum and that they will look at the whole Central Park area when they examine how the plaza area will fit in with the rest of the Central Park development. Mayor Nyquist noted that, according to the agreement, the cost of the study does not include any meetings with the Park and Recreation Commission by the consultant. The City Manager stated, the consultant would be paid their hourly rates if they were to meet with the Park and Recreation Commission to review the project. Couricilmember Kuefler stated that the Park and Recreation Commission has been pleased with the development of the parks to date and he suggested having the Park and Recreation Commission review the plan prior to City Council consideration. Councilmember Scott added, she would like to see the Conservation Commission be invited to the Park and Recreation_ Commission meeting when the Palmer Lake area plans were reviewed by the consultant. In consideration of the meetings required with the consultant and the Conservation and Park and Recreation Commissions the City Manager requested the Council authorize the staff to add to the cost of the contract agreement the additional cost of the required meetings, at $150 per meeting, as needed, without. Council consideration for the additional cost of meetings. There was a general consensus among Council members to authorize the staff to add to the contract the cost of the meetings with the Conservation Commission and Park and Recreation Commission and the consultant as needed, without Council consideration. RESOLUTION NO. 81 -47 Member Celia Scott introduced the following resolution and moved its adoption: 2 -23 -81 -4- RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BRAUER & ASSOCIATES, INC. FOR DESIGN OF PALMER LAKE PARK IMPROVEMENTS 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, 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 -48 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BRAUER & ASSOCIATES, INC. FOR DESIGN OF CENTRAL PARK IMPROVEMENTS 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, 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 -49 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. HENRY DORFF 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, 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 -50 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MS. MARY ELLEN VETTER i 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced an ordinance amending Chapter 35 of the City Ordinances revising the description of property within the R -3, C -1, and C -2 zoning districts. The Director of Planning and Inspections noted that this ordinance is necessitated by the fact that a number of legal descriptions of property have changed over the years and it is necessary to describe these parcels in the ordinance. He noted, the zoning has not changed on these parcels but the legal description of them has changed. Councilmember Kuefler stated, it appears this ordinance would bring our Zoning Ordinance in synchronization with the changes in platting and is a general housekeeping type ordinance. The Director of Planning and Inspections acknowledged Councilmember Kuefler's observation noting that this was correct. 2 -23 -81 -5- There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to offer for first reading an ordinance amending Chapter 35 of the City Ordinances revising the description of property within the R -1, C -1, and C -2 zoning districts. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. The City Manager introduced an ordinance vacating portion of North Lilac Drive. He explained, this ordinance was first read on January 26, 1981 and was published on February 5, 1981. Because Federal Lumber has not yet submitted their final plat, he explained, it is recommended the Council continue the second reading of this ordinance to the next meeting at which time the final plat should be submitted. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to continue the second reading of an ordinance vacating portion of North Lilac Drive to the March 9, 1981 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. DISCUSSION ITEMS The City Manager explained, the memorandums in the Council's packet regarding the Creek Villas Association request have also been sent to the Creek Villas Homeowners Association. He added, the Association has requested they be allowed more time to study the memorandums and would request that this item be deferred to the March 9 Council meeting. The Council concurred with the Creek Villas Association request and Mayor Nyquist requested the staff to put the Creek Villas Association item on the March 9 agenda. WESTBROOK MALL ACCESS IMPROVEMENT STUDY The City Manager explained, the Westbrook Mall area merchants are requesting that the City participate in an access improvement study for Westbrook Mall. He noted, the only apparent value the City could derive from the study would be in the reconstruction of Xerxes and 56th Avenue if the study recommended any design changes in the roadway. He explained, the study relates more to private property than public roadways and recommended that the City not participate in the study for this reason. Councilmember Kuefler inquired whether the City would benefit in any way with improved traffic circulation because of the study. The Director of Public Works explained that the existing street system in the area works well now and the study is aimed at improving the access into private property rather than improving the traffic circulation on public streets. The City Manager stated, if the study demonstrates any benefit to the City, the City could then be prepared to participate in the study. Councilmember Lhotka inquired what the cost of the total study was. The City Manager explained, the cost of the study would be $2,000. REVIEW OF CITY'S PAY PLAN In response to the Council's request for a review and audit of the City's pay plan, the City Manager explained, the staff has been meeting with consultants discussing a review and audit of the City's existing pay plan. He added, the staff has met with three consultants and that each of them has a slightly different approach to the review and that in particular one consultant was interested in a comprehensive comparison of all jobs within the City, assigning values under a point factoring system to the jobs in 2 -23 -81 -6- order to compare their relative worth and value to the overall organization. Along with the comparison, he noted, the consultant, would also do a compari- son with the current market rates for jobs. He added, the main co;icentration of the review would be with the department head salaries and of the consul- tants the staff has talked to the cost of the department head salary review could cost as much as $3,000. He explained, at this point the staff is not certain of the need for a comprehensive study and would 'request some direction of the City Council before any request for proposal is drafted for this project. Councilmember Kuefler stated, he would like to see a draft of an RFP before he commented specifically on the approach to the pay plan review. He added, his main concern was with the assurance that the City's surveyed for pay rates were indeed comparable to Brooklyn Center in terms of specific job duties assigned to the various job classifications. In addition, he noted, he was concerned with the methodology used to establish the total worth of department heads and determining what qualities are needed for various department head positions. As a third point of concern, he stated he was also concerned with the methods of designating and determining various performance evaluations used for establishing pay raises, for example, what would be a fully satisfactory or outstanding performance for a particular position. The City Manager stated that the consultants the staff has discussed the review with could create a system whereby the jobs are evaluated. He added, the staff will prepare a draft RFP for Council review. Council- member Kuefler stated that he was mainly concerned with determining what kind of qualifications and judgments are made with regard to evaluating department heads and in turn their salaries based on these evaluations. He explained, he would be interested in knowing how department heads are judged against the objective criteria used to evaluate the qualities and duties necessary for a successful performance in the position. Councilmember Scott stated, in her review of the pay plan she was not really aware of what is expected of the various department heads with regard to their job duties and would appreciate a clarification of their job duties, perhaps a review of the specific job descriptions for each of the department heads. PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM FEDERAL LUMBER The City Manager explained, the staff has prepared a review of the Federal Lumber IDR proposal and noted that Administrative Assistant Hoffman has pre- pared the staff comments. Administrative Assistant Hoffman reviewed his memorandum regarding the IDR public hearings and stated that the Federal Lumber project meets the IDR guidelines in that it _proposes a redevelopment within the City. He added, the proposal also retains a business in the City of Brooklyn Center and the staff is recommending preliminary approval of the IDR for Federal Lumber. He noted, the only question that remains to be answered by. the applicant is how much of the insurance money will be going back into the project. Mayor Nyquist recognized a representative of Federal Lumber who explained that the previous mortgage on the Federal Lumber site consisted of $200,000 and that this mortgage will stand and will become part of the redevelopment package. He explained, the insurance funds will be used to cut down a portion of the overall project cost and that the existing mortgage will be paid prior to the beginning of new construction. He added, the insurance proceeds were approximately $400,000 and that the total cost of the project as per the current bid is approximately $1,668,805 over and above the $200,000 mortgage remaining. Therefore, he noted, the remaining amount needed for the bond is $1,500,000. 2 -23 -81 -7- Mayor Nyquist opened the meeting for the purpose of a public hearing on the industrial development revenue bond proposal from Federal Lumber and inquired if there was anyone present who wished to speak at the public hearing. The representative from Federal Lumber addressed the Council and noted that, in addition to the Federal Lumber project, the redevelopment of President Homes is also included in the IDR proposal. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one appeared to speak and the Mayor entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on the industrial development revenue bond proposal from Federal Lumber. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. RESOLUTION NO. 81 -51 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY FEDERAL LUMBER COMPANY UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF 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, 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 BROOKDALE CORPORATE CENTER /RYAN CONSTRUCTION The City Manager explained that the staff has prepared recommendations regarding the IDR proposal from Ryan Construction for the Brookdale Corporate Center and also suggested considering the project along with the site and building plan review which will be presented during the Planning Commission items. The City Attorney noted that the public hearing could be opened on the IDR proposal and could be carried over until later in the meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on an industrial development revenue bond proposal for the Brookdale Corporate Center from Ryan Construction. Administrative Assistant Hoffman reviewed the staff recommendations with regard to the IDR proposal and noted that the project cost was 8.6 million dollars and the IDR request was for $7,550,000. He reviewed the project and noted that, an estimated 232 new jobs will be created with the office complex with an estimated payroll of 3.5 million dollars per year. He added, the staff is recommending preliminary approval for the IDR request from Ryan Construction for the Brookdale Corporate Center. Mayor Nyquist noted that the public hearing on the IDR request from Ryan Construction for the Brookdale Corporate Center would be carried over to the portion of the meeting where the site and building plan for the project will be reviewed. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 81012 submitted by'Ryan Construc- tion Company for site and building plan approval to construct two 116,640 square foot apartment buildings on the property at the northeast corner of Shingle Creek Parkway and Summit Drive. He pointed out,:the Planning Commission recommended approval of Application No. 81012 at its February 12, 1981 meeting. 2 -23 -81 -8- The Director of Planning and Inspections presented and reviewed for Council members pages 5 through 7 of the February 12, 1981 Planning Commission minutes in which Application No. 81012 was discussion. He also presented and reviewed the Planning Commission information sheet prepared for Application No. 81012. The Director of Planning and Inspections reviewed for Council members the location of the site and also the site plan. IIe also reviewed the requirements for granting a special use permit for the project. He noted, the plan meets the requirements of the Zoning Ordinance and also meets the building setback requirements. He explained, a repre- sentative of the applicant is present and has building elevations of the project to review with the Council. He added, the Planning Commission recommended approval of Application No. 81012 at its February 12, 1981 meeting subject to eleven conditions which he reviewed for Council members. In addition to the eleven conditions which he reviewed, the Director of Planning and Inspections also reviewed a condition which usually is added to a special use permit, that being the nontransferability of special use permits. He noted, the Planning Commission's recommendation was not unanimous and that Commissioner Theis wanted to have the nontransferability condition added to the special use permit. The City Attorney commented, as a legal matter it does not appear to be feasible to deal with the nontrans- ferability condition in a real estate project of this nature. He noted, if the purpose of the nontransferability is for periodic review of the special use permit, this can be done without adding the nontransferability condition. He explained, a special use permit in this case becomes a property right and in cases of home occupations where the nontransferability condition is normally used, it is really a license situation and not a true special use permit. Councilmember Lhotka stated that he would like to assure that the Council is consistent in dealing with this policy. The City Attorney stated, in this case, the special use concerns the construction of an office use surrounded by industrial uses and is not similar at all to the home occupation type of special use permit which is usually associated with the nontransferability condition. Councilmember Kuefler stated, he was concerned that granting a special use permit in this case would not interfere with the development of areas already zoned commercial in the area. The City Manager stated, the City is in good shape with regard to commercial development in the area and that some of the C -2 zones are already being developed with less intense C -1 uses. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81012. He inquired if there was anyone present who wished to speak to the application. No one appeared to speak. He entertained a motion to close the public hearing and there was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 81012. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. At the request of the Council, a representative of the applicant reviewed the building elevations of the project for the Council. Councilmember Lhotka stated, he was concerned with the amount of commercial development being allowed in the I -1 zone especially with regard to traffic circulation. The Director of Public Works stated that an office use generates more traffic than an industrial use, approximately 25 to 50% more, but a 2 -23 -81 -9- retail use may create 3 to 4 times more than an industrial use. He noted, as it is developing now, the staff sees no major traffic problems in the project area. He also pointed out, generally the retail commercial and office peak hours do not coincide with respect to traffic. fie added, by keeping Shingle Creek Parkway as free of accesses as possible, the traffic will not be congested along this major roadway. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Application No. 81012, a request for site and building plan and special use permit approval to construct two six -story office buildings on the land north of Summit Drive, and east of Shingle Creek Parkway, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of- permits to assure completion of approved site improvements. 4. The permit is subject to all applicable codes, ordinances, regulations and violation thereof, shall be grounds for revocation. 5. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 6. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. B612 curb and gutter shall be provided around all parking and driving areas. 10. Building permits shall not be issued until the final plat is approved by the City Council and filed at the County. 11. Plan approval acknowledges one curb opening to 'serve the existing tract B, RLS No. 1380 and Lot 1, Block 2, Brookdale Corporate Center plat on the north side of Summit Drive between the westerly intersection of Earle Brown Drive and Summit Drive and the curb opening serving the Summit State Bank. However, the final location of this curb opening shall be subject to future plan approvals for properties serviced by the opening and by the location of curb openings on the south side of Summit Drive. 2 -23 -81 -10- Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. RECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9-25 p.m. PLANNING COMMISSION ITEMS CONTINUED The City Manager introduced Application No. 81013 submitted by Ryan Construc- tion Company for preliminary plat approval to subdivide the land between Shingle Creek Parkway and Earle Brown Drive, north of Summit Drive and south of I -94 He pointed out, the Planning Commission recommended approval of Application No. 81013 at its February 12, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages l through 4 of the February 12, 1981 Planning Commission minutes in which the Planning Commission discussed Application No. 81013. He also presented and reviewed the Planning Commission information sheet prepared for Application No. 81013. He noted the location of the project is in generally the same area as Application No. 81012 but that the plat also includes a portion of land on the Earle Brown Farm. He pointed out, the preliminary plat submitted this evening does not include all of the land to be included in the final plat. The Director of Planning and Inspections explained, the Planning Commission recommended approval of the preliminary plat subject to four conditions which he reviewed for Council members. He added, the Planning Commission held a public hearing on the application and that Mr. Newstrom of BCIP is present along with representatives of Ryan Construction. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81013. He inquired if there was anyone present who wished to speak to the application. Mr. Newstrom, representing BCIP, addressed the Council and stated the proposal before the Council this evening is to join with Ryan Construction in a replat of the entire area. The City Attorney inquired whether the modification referred to in condition 4 of the Planning Commission approval is in some specific form. Mr. Newstrom replied, it is shown as a sketch and is before the City Council tonight. The City Attorney stated his concern was that the preliminary plat configuration should be in a concrete form since the City Council is required to approve the final plat if the conditions of the preliminary plat approval are met. The Director of Planning and Inspections stated, the Planning Commission felt that if the four conditions were met this would be an adequate configura- tion of streets and lots in the area. He added, with Application No. 81013, the City is approving lot configurations only and not uses of the property. Mayor Nyquist inquired if there was anyone else 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 Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 81013. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed'. 2 -23 -81 -11- There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 81013, a request for preliminary plat approval to subdivide land north of Summit Drive and east of Shingle Creek Parkway, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. A subdivision agreement shall be executed prior to final plat approval relating to assessments and public improvements. 4. The final plat shall be modified prior to final plat approval to include all of the land in tract B, RLS 1380 and may be modified further to include the remaining portion of the Earle Brown Farm as proposed by Brooklyn Center Industrial Park, Inc. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. CONTINUATION OF PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FOR BROOKDALE CORPORATE CENTER /RYAN CONSTRUCTION Mayor Nyquist noted that he would continue the public hearing on the industrial development revenue bond proposal from Ryan Construction regarding the Brook - dale Corporate Center. He inquired if there was anyone present who wished to speak at the public hearing. Administrative Assistant Hoffman pointed out, that on both the Federal Lumber and Ryan Construction IDR requests the staff is recommending not to schedule the final approval of the IRB request until the final plat has been finaled and filed with the County. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak. Mayor Nyquist entertained a motion to close the public hearing and there was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on the industrial development revenue bond proposal from Ryan Construction for the Brookdale Corporate Center. Voting in favor: Mayor Nyquist, Council- members Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. RESOLUTION NO. 81 -52 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL'FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Celi..a Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka,; and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared.duly passed and adopted. 2 -23 -81 -12- There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to instruct the staff not to schedule the final approval of the IRB requests from Federal Lumber and from Ryan Construction for the Brockdale Corporate Center until the final plats for the projects have been finaled and filed with the County. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. The City Manager introduced Application No. 81014 submitted by Glover and Associates for approval of an amended site and building plan for the property at 4315 70th Avenue North for occupancy by the Sun Maintenance Company. He noted, the Planning Commission recommended approval of Application No. 81014 at its February 12, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 8 through 9 of the February 12, 1981 Planning Commission minutes in which the Planning Commission discussed Application No. 81014. He also presented and reviewed the Planning Commission information sheet prepared for Application No. 81014. The Director of Planning and Inspections reviewed the location and the proposed use for the site. He explained, the subject parcel has been a difficult property to deal with over the past year since it was formerly occupied by a nonconforming use and does not conform to many ordinance requirements. He noted, that the proposed use fits with the ordinance requirements as well as possible. He explained, the proposed use is not a high generator of traffic and that the Sun Maintenance proposed use is not traffic oriented. He added, the cross easements for access and parking between the Sun Maintenance Company and the American Legion should be reviewed by the City Attorney. The Director of Planning and Inspections explained, the Sun Maintenance Company has requested waiving the platting requirement for the parcel and that the Planning Commission recommended that the platting could be deferred for three years but not waived completely. He explained, the Planning Commission recommended approval of Application No. 81014 subject to ten conditions which he reviewed for Council members. Mayor Nyquist inquired if there were any existing parking agreements between Continental Sign and the Legion Club. The Director of Planning and Inspections explained there was nothing in writing, between the Continental Sign Company and the Legion Club but that the City Ordinance does require a finding by the City Council that the uses do not conflict. The City Attorney stated, typically, the City has stated that agreements, such as joint parking, cannot be changed without approval by the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81014. He inquired if there was anyone present who wished to speak to the application. The applicant's architect addressed the Council and requested a change in the parking layout so that the applicant would not have to provide curbing in one area of the project. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing on Application No. 81014. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. 2 -23 -81 -13- There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Application No. 81014, a request for an amended site plan approval for the property at 4315 70th Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. Drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any trash disposal facilities and /or 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 driving and parking areas within 60 feet of 70th Avenue North. 9. Plan approval acknowledges deferral of the requirement to replat the property for up to three years. 10. Cross easements for access in parking shall be submitted to the City Attorney for review and approval and filed at the County. Voting in favor: Mayor Nyquist, Councilmember Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. The City Manager introduced Application No. 81015 submitted by Brockdale Pontiac for site and building plan and special use permit approval to replace existing used car sales office with a 3,100 square foot Honda car sales office at 6801 Brooklyn Boulevard. He explained, the Planning Commission recommended approval of Application No. 81015 at its February 12, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 10 through 12 of the February 12, 1981 Planning Commission meeting minutes in which the Planning Commission discussed Application No. 81015. Fie also presented and reviewed the Planning Commission information sheet prepared for Application No. 81015. 2 -23 -81 -14- Councilmember Kuefler left the table at 10 :20 p.m. The Director of Planning and Inspections reviewed the location of the site for Council members and showed a transparency of the site plan. He noted, the Planning Commission held a public hearing on the application and that the Planning Commission recommended approval of the application subject to eleven conditions which he reviewed for Council members. He explained, the informational notices regarding the special use permit have been sent and that representatives of the applicant are present at this evening's meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81015. He inquired if there was anyone present who wished to speak to the application. No one appeared and he entertained a motion to close the public hearing. Councilmember Kuefler returned to the table at 10:34 p.m. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 81015. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Application No. 81015, a request for site and building plan and special use permit approval to construct a 3,100 square foot showroom and office building for the sale of Hondas at 6801 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 new sales office 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. 6. 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. 7. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 2 -23 -81 -15- 8. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9. B612 curb and gutter shall be provided around all driving and parking areas around the proposed building. 10. The east entrance onto 68th Avenue North shall be signed and utilized for entrance only. 11. The joint access agreement with the A & W property to the north shall be submitted to the City Attorney for review and approval and filed at the County. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. DISCUSSION ITEMS CONTINUED OUTLOOK FOR STATE A ID TO MUNICIPALITIES FOR THE NEXT TWO YEARS The City Manager referred Council members to a memorandum prepared by the League of Minnesota Cities regarding the Governor's budget proposals for local government aid. He explained, the memo points out that the local government aid will be frozen for the next year and that payments to the cities will be delayed to the end of the year. He explained, the delay of payment does not appear to present a problem to the City of Brooklyn Center at this point. He pointed out, Brooklyn Center gets approximately 25% of its revenue from state aid and that the 1980 -81 increase in state aid was only 8 %. He stated, he is concerned that the state is dealing inconsistently with local government units especially in consideration of their treatment of school funding. He explained, it appears the state's decisions are influenced by political expediency rather than by long term fiscal planning. Councilmember Kuefler stated, he agrees with the consistency problem with the state treatment of local governments and that the cities seem to be punished for doing a good job fiscally. He added, the issue appears to be, what is the state's philosophy to funding counties, municipalities and school districts. He stated, he would like to get a clarification of that state policy. Councilmember Scott suggested that the City Council contact local legislators and make them aware of the City's concerns. The City Manager stated, he will be attending a meeting with local legislators this week but that it is essential for local officials to make their local representatives aware of their concern. INDUSTRIAL DEVELOPMENT REVENUE BOND POLICY DISCUSSION Mayor Nyquist noted, at the last meeting, the discussion of IDR's was not completed and that he wanted to give Council members another chance,at completing their discussion on IDR policy. Councilmember Lhotka stated that the IDR applications the Council has reviewed and approved appear to be bringing in jobs that are on the lower end of the salary spectrum. He stated, he would like to consider higher paying jobs which are more important to the City and more beneficial to its residents. He stated, he was also concerned with how many new jobs are being created by the application and that he believed a significant number of the jobs would be bringing in people presently working at other locations with the businesses. Councilmember Kuefler stated that he believes over time, through attrition and expansion a good portion of the employees of these companies will be Brooklyn Center residents. 2 -23 -8 -16- Councilmember Lhotka stated he would like to have the City Council discuss projects prior to setting the public hearing so that the information on the applications could be assimilated by the Council. The City Manager stated the staff could make staff recommendations prior to the public hearing rather than at the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to require applicants for industrial development revenue bonds to furnish project information at the time the Council sets the public hearing date for the project. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. UPDATE ON REVIEW OF DISPATCHING SERVICES The City Manager referred Council members to a memorandum regarding an update on the joint dispatching study. He explained, the table included in the memorandum indicates the present operation with a capital improvement upgrade is the best choice economically. He stated, the computer aided dispatch is not required for Brooklyn Center since the size of the City does not really warrant this type of dispatch assistance. Councilmember Kuefler noted, based on the data presented, he would support the City Manager's recommendation and that it appears there are no cost savings for changing to another system. The City Manager stated, the staff will continue to monitor all the options for dispatching but at this point it appears to be advisable to stay with the City's present situation with an upgrade of capital items. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: Northwest Vending 1401 Bliss Lane Whirltronics 3401 48th Ave. N. Rog & Jim's Superette 6912 Brooklyn Blvd. Service Systems Corp Soo Line Bldg. N.W. Bell 5910 Shingle Cr. Pkwy. Servomation 7490 Central Ave. N.E. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Medtronics 6120 Earle Brown Dr. Medtronics 6700 Shingle Cr. Pkwy. Onan Tech Center 6120 Earle Brown Dr. J.C. Penney's Brookdale Shopping Ctr. SuperAmerica 6545 West River Rd. PERISHABLE VENDING MACHINE LICENSE A & J Enterprises 2367 University Ave. Bob Ryan Olds 6700 Brooklyn Blvd. American Vending Co. P.O. Box 380 Sears Automotive Brookdale Shopping Ctr. Northwest Vending Inc. 1401 Bliss Lane Whirltronics 3401 48th Ave. N. 2 -23 -81 -17- Servomation 7490 Central Ave. N.E. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Medtronics 6120 Earle Brown Dr. Medtronics 6700 Shingle Cr. Pkwy. Onan Tech Center 6120 Earle Brown Dr. J.C. Penney's Brookdale Shopping Ctr. READILY PERISHABLE FOOD FLEET LICENSE Bernard Lynch 6804 Humboldt Ave. N. RENTAL DWELLING LICENSE Initial: Ray Rice' 5801.Ewing Ave. N. Howard Breuninger 5401 Fremont Ave. N. Nelson S. Gregg Co. 6715 & 6721 Humboldt Ave. William F. Shutte 6717 & 6719 Humboldt Ave. Renewal: Boyer. Palmer 6101 Beard Ave. N. Earl James Backer 7018 Brooklyn Blvd. Marvin C. Brieland 7229 Camden Ave. N. Fred Beier 5300,04 Vincent Ave. N. Harold Swanson 7230& 7250 West River,.Rd. Clifford R. Jensen 1510 69th Ave N. SPECIAL FOOD HANDLING LICENSE LaBelle's 5925 Earle Brown Dr. BULK VENDING MACHINE LICENSE K -Mart Corp. 5930 Earle Brown Dr. K -Mart Corp. 3600 63rd Ave. N. FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. American Bakeries 4215 69th Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Brookdale East Cinema 5801 John Martin Dr. Brooklyn Center Nat'l. Little League 2006 Brookview Dr. Brother's Brookdale Restaurant Brookdale Shopping Ctr. House of Louie 6800 Humboldt Ave. N. Caples' and Associates, Inc. P.O. Box 32251 Gazebo of Brookdale Brookdale Shopping Ctr. Farrell's`Ice Cream Parlor 5524 Brooklyn Blvd. J. Houston Marketing Inc. 6816 Humboldt Ave. N. Pizza Feat 6816 Humboldt Ave. N. Howard, Johnson Company 250 Granite Street Ground Round Restaurant 2545 County Rd. 10. K -Mart Corp. 5930 Earle Brown Dr. K -Mart Corp. 3600 63rd Ave. N. Kentucky fried Chicken 5512 Brooklyn Blvd. Bernard e Hard Lynch 6804 Humboldt Ave. N. Brooks Superette 6804 Humboldt Ave. N. 2 -23 -81 -18- Rog & Jim's Superette 6912 Brooklyn Blvd. Sears, Roebuck and Co. Brookdale Shopping Ctr. Linda Snyder 10024 Butternut European Health Spa 2920 County Rd. 10 SuperAmerica Service Stations 6545 West River Rd.: SuperAmerica Service Stations 1901 57th Ave. N. Taco Towne Restaurant 6219 Brooklyn Blvd. Robert Uhlhorn 6837 Brooklyn Blvd. Brooklyn Center A & W 6837 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE A & J Enterprises 2367 University Ave. Bob Ryan Olds 6700 Brooklyn Blvd. Acorn Vending & Distr. 6837 Washington Ave. S. City of Brooklyn Center 6301 Shingle Cr. Pkwy. American Vending Co. P.O. Box 380 Brookdale Motel 6500 Lyndale Ave. N. Sears - Automotive Brookdale Shopping Ctr. Beacon Bowl 6525 Lyndale Ave. N. Brookdale East Cinema 5801 John Martin Dr. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Brooklyn Printing 6956 Brooklyn Blvd. Marantha Nursing Home 5401 69th Ave. N. K -Mart Corp. 5930 Earle Brown Dr. K -Mart Corp. 3600 63rd Ave. N. Malborg's Inc.. 5120 Lilac Dr. Marc's Budgetel 6415 James Circle N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyqui'st, Council - members Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. The Brooklyn Center City Council adjourned at 11:20 p.m. Clerk r 2 -23 -81 -19-