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HomeMy WebLinkAbout1981 04-20 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 APRIL 20, 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, 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, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. The City Manager noted that the City Attorney Richard Schieffer was called out of town due to a death in the family and that Mr. John Dean would be serving in his capacity at this evening's meeting. INVOCATION The invocation was offered by Councilmember Celia Scott. APPROVAL OF MINUTES - APRIL 6, 1981 REGULAR SESSION, OCTOBER 20,`1980 SPECIAL SESSION, NOVEMBER 3, 1980 SPECIAL SESSION, NOVEMBER 17, 1980 SPECIAL SESSION, AND DECEMBER 8, 1980 SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of April 6, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka and Scott. Voting against: none, the motion passed. Councilmember Fignar abstained as he was not present at the April 6, 1981 meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of October 20, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the minutes of the City Council meeting of November 3, 1980 as submitted. 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 Lhotka to approve the minutes of the City Council meeting of November 17, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. 4 -20 -81 -1- There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of December 8, 1980 as submitted. votin g in favor: Mayor Nyquist, Counc ilme mb ers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum session this evening from Mr. Ward Whalen of 5357 71st Circle North. Mr. Whalen addressed the Council stating he wished to discuss two topics this evening, one being that he would like to publicly commend the Brooklyn Center Police Department for the excellent job they have been doing in the community and particularly in the area of the Ponds Townhouse develop - ment. The second item he addressed was a request to have the Ponds Townhouse development placed on the next Council meeting agenda. The City Manager explained that the concerns of the Ponds residents include the placement of culverts in the development, vandalism in the area, and a request to turn Unity Avenue into a private street. Mr. Whalen stated that the Ponds' streets are constructed to private street standards and also explained that a great deal of vandalism has occured in the Ponds development. With this.in mind, he inquired of the Council how there could possibly be a public street, that being Unity Avenue, when it does not meet the public street standards. Likewise, he stated, the homeowners do not want Homeowners Association funds being spent on public streets. The City Manager stated that the staff will meet with Mr. Whalen regarding these matters and that the City Manager will submit a report to the Council. PERFORMANCE BOND RELEASES The City Manager referred Council members to a memorandum from the City's Building Official to the Director of Planning and Inspections regarding the release of performance guarantees on the Holiday Inn and Spec 9 industrial building. He stated the staff is recommending release of performance guarantees for both locations. There was a.motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the performance guarantee release for the Holiday Inn located at 1501 Freeway Boulevard in the amount of $1,500 and for the Spec 9 industrial building located at 6801 Shingle Creek Parkway in the amount of $25,000 in lieu of a newly submitted bond for deferred improve - ments. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution granting final approval to industrial development revenue bond proposal from Ryan Construction and explained the ,resolution comprehends the office complex proposed for the property directly across Shingle Creek Parkway from City Hall. RESOLUTION NO. 81 -81 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT 4 -20 -81 -2- 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, and Celia Scott; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager introduced -a resolution accepting bid and approving contract form Contract 1980 -P (67th Avenue North Storm Sewer Extension). He recommended the bid of Thomas & Sons Construction in the amount of $192,869 be accepted. RESOLUTION NO. 81 -82 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STORM SEWER AND APPURTENANT WORK, 67TH AVENUE NORTH STORM SEWER, CONTRACT 1980 -P, S.A.P. 109- 109 -19) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting bid and approving contract form — Contract 1981 -B (Shingle Creek Parkway and Freeway Boulevard Street Improvements) and recommended the bid of Thomas & Sons Construction in the amount of $141,962.97 be accepted. RESOLUTION NO. 81 -83 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SHINGLE CREEK PARKWAY AND FREEWAY BOULEVARD STREET IMPROVEMENTS, CONTRACT 1981 -B) 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 accepting bids for stabilized gravel and fine aggregate for seal coat. In discussion of the resolution, Couneilmember Kuefler inquired why the City did not take the low bid on the Class 5 "picked up ". The Director of Public Works explained the bid was set up as a combined total for the "picked up" and "delivered" aggregate. RESOLUTION NO. 81 -84 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT 4 -20 -81 -3- 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 -85 Member Tony Kuefler introduced the following resolution and moved its adoptions RESOLUTION ACCEPTING BID FOR PLANT - MIXED BITUMINOUS MATERIALS 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 bid for bituminous materials. In discussion of the resolution, Councilmember Kuefler inquired why the low bid for bituminous materials was not accepted. The Director of Public Works explained that the low bid of Ashland Petroleum contained an addendum which stated that if Ashland's refinery in St. Paul Park closed, this would negate the entire bid, this being the reason why the low bid was not accepted. It was felt by the staff that such a risk as contained in this addendum would not be advisable to accept. RESOLUTION NO. 81 -86 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BITUMINOUS MATERIALS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting bids for bleachers and pointed out that the bleachers will be placed in Central Park and that it is also recommended the bid of Earl F. Anderson and Associates in the amount of $12,355.20 be accepted RESOLUTION NO. 81 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR BLEACHERS 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. 4 -20 -81 -4- The City Manager introduced a resolution authorizing execution of an agreement for professional services with W. H. Montgomery & Associates and explained this item comprehends the engineering study for the City's communication system. The City Manager recommended the quotation of W. H. Montgomery & Associates in the amount of $8,560 for phase one and $5,380 for phase two of the study be accepted. The City Manager explained the basis for taking the higher bid is that W. H. Montgomery & Associates would monitor both systems as the old system is taken out and the new system is put in. He explained the difference between the bids was that W. H. Montgomery & Associates proposed to do a thorough and exhaustive performance check using sophisticated test equipment which tests would determine performance specifications and serviceability of all items now in use and assist in determining the need for new equipment. He noted that the testing would make more equipment in the old system more easily salvageable. The proposal from W. H. Montgomery & Associates provides more engineering hours and testing hours and that this firm is the only one that does this type of testing. He noted the low bidder does not offer the testing capability which was helpful in similar type studies in Richfield and St. Louis Park. Councilmember Lhotka inquired whether the testing and engineer's time is really necessary. The City Manager.explained that the testing is important since the testing process would assure that the equipment meets specifications and would work in synchronization with the existing system. He explained the testing would provide the required balance with mobile units and would prevent the "skip" problem which now occurs and allows signals from distant areas to interfere with transmission locally. Mayor Nyquist inquired whether the other firm had the capability to meet the study's needs. The City Manager explained the firm of Michaud Cooley does not offer the technical monitoring capability. He noted with this resolution the City is committing the firm of W. H. Montgomery to a bid price for both phases but the staff will return to the City Council with a report on phase one before the committed funds are authorized for phase two of the study. RESOLUTION NO. 81 -88 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH W. H. MONTGOMERY AND ASSOCIATES FOR AN ENGINEERING STUDY OF THE CITY'S COMMUNICATION SYSTEM 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 collective bargaining agreement between Law Enforcement Labor Services, Local No. 82 and the City of Brooklyn Center. He explained the contract provisions include a 10% pay increase in 1981 and a 9% increase in 1982, health insurance increase from $80 to $95 per month maximum in 1981 and $105 per month maximum in 1982. Other provisions of the contract include the current 5 day waiting period for injured on duty reduced to 3 days, specialist pay increase from $85 per month above top patrol to $95 per month, and severance pay increase from 1/4 of accrued sick leave to 1/3 of accrued sick leave. 4 -20 -81 -5- RESOLUTION NO. 81 -89 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82 AND THE CITY OF BROOKLYN CENTER 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. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to amend the City of Brooklyn Center 1981 Employee Position and Classification Plan, Schedule E, Police Officers' Plan, to reflect the terms of the Master Labor Agreement between the City of Brooklyn Center and Law Enforcement Labor Services, Local No. 82 approved April 20, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced a resolution authorizing plans and specifications for furnishing and installing new roof at West Fire Station. In discussion of the resolution, Councilmember,Lhotka inquired what specific type of roof would be installed. The City Manager stated he would check with the City Clerk to find out exactly what type of roof is being planned and would report back to the Council. RESOLUTION NO. 81 -90 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PLANS AND SPECIFICATIONS FOR FURNISHING AND INSTALLING NEW ROOF AT WEST FIRE STATION 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. RESOLUTION NO. 81 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTON DECLARING APRIL 27 THROUGH MAY 3, 1981 AS NATIONAL VOLUNTEERS' WEEK IN BROOKLYN CENTER 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. 4 -20 -81 -6- CHARTER AMENDMENT The City Manager explained the public hearing on the proposed charter amendment ordinance amending Section 12.05, Sales of Real Property, was held at the April 6, 1981 Council meeting. The consideration of the amendment was tabled to the April 20, 1981 meeting and the amendment is offered for a first reading this evening. He explained the item was tabled from the April 6, 1981 meeting since the amendment required a unanimous vote and Councilmember Fignar was absent from that meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to offer for first reading an ordinance amending the Brooklyn Center City Charter. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DECLARATION OF SURPLUS PROPERTY The City Manager recommended a motion be made by the City Council declaring certain City property as surplus as per the list submitted by the City Clerk and contained in the Council packets. He explained the property includes miscellaneous office machines and furniture and garage equipment and that the items are scheduled to be sold at public auction on May 5, 1981. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to declare certain City property as surplus as per the list submitted by the City Clerk, said items to be sold at public auction on May 5, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS MUNICIPAL STATE AID STREET STANDARDS AS THEY RELATE TO THE PROPOSED 63RD AVENUE IMPROVEMENT PROJECT The Director of Public Works referred Council members to a memorandum regarding Municipal State Aid street standards and explained the City could go with the 44' street width on 63rd Avenue in hope of obtaining a variance on the 46' standard now in effect. He explained the three potential Council actions on the projects which included a resolution directing the Mayor and City Manager to file application for a variance from Municipal State Aid street design standards, a resolution restricting parking on 63rd Avenue North from Beard Avenue to Xerxes Avenue and a resolution proposing a change in the Municipal State Aid street design standards. Councilmember Kuefler stated he believes the Council should hold off on a Council position on the project until the attitude of the residents along 63rd is obtained regarding the parking restrictions. The Director of Public Works explained the variance process will take two to six weeks and that the staff could file the variance now and put it on hold until the attitude of the residents is polled. He explained the staff could submit the variance and hold consideration of the resolution until two weeks from now. He added that the resolution requesting the change in the design standards could be adopted this evening. Councilmember Kuefler inquired whether it is feasible to pursue this issue with the state. The Director of Public Works explained that the 63rd project will not be the only project on which this is an issue and that the 46' standard will likely be a problem on other City street projects in the future. 4 -24 -81 -7- RESOLUTION NO. 81 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DIRECTING THE MAYOR AND CITY MANAGER TO FILE APPLICATION TO THE COMMISSIONER OF TRANSPORTATION FOR VARIANCE FROM MUNICIPAL STATE AID STREET DESIGN STANDARDS 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 -93 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PROPOSING CHANGE IN MUNICIPAL STATE AID STREET DESIGN STANDARDS 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. Mayor Nyquist noted there was general Council concurrence-to lay over the resolution restricting parking on 63rd Avenue North from Beard Avenue to Xerxes Avenue to a future meeting. PUBLIC HEARING ON EARLE BROWN DRIVE IMPROVEMENT PROJECTS The City Manager introduced the next agenda item scheduled for 8:00 p.m. which was a public hearing on the Earle Brown Drive improvements including Water Main Improvement Project 1981 -05, Sanitary Sewer Improvement Project 1981 -06, Storm Sewer Improvement Project 1981 -07, and Street Improvement Project 1981 -08. The Director of Public Works explained the improvements have been requested by Ryan Construction,in conjunction with the proposed office building located directly across from City Hall along Shingle Creek Parkway. He noted the total cost of the projects are $508,000 and that the entire cost would be a special assessment. Assistant City Engineer Jim Grube reviewed several transparencies for Council members showing the scope and specific location of the various improvement projects. Mayor Nyquist opened the meeting for the purpose of a public hearing on the Earle Brown Drive improvement projects. He inquired if there was anyone present who wished to speak and recognized Mr. John Kelly representing Ryan Construction who stated that he was here to encourage passage of the resolution ordering the improvements and also to answer any questions that the Council might have about the project. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing, there being no one, he entertained a motion to close the public hearing. 4 -20 -81 -8- There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing on Earle Brown Drive improvement projects. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -94 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF EARLE BROWN DRIVE IMPROVEMENTS: WATER MAIN IMPROVEMENT PROJECT 1981 -05, SANITARY SEWER IMPROVEMENT PROJECT 1981 -06, STORM SEWER IMPROVEMENT PROJECT 1981 -07, AND STREET IMPROVEMENT PROJECT 1981 -08 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. RECESS The Brooklyn Center City Council recessed at 8 :19 p.m. and reconvened at 8:40 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 81023 submitted by Thomas Cook (Car -X Systems) for site and building plan and special use permit approval to construct a five stall muffler repair shop at 6810 Brooklyn Boulevard. He noted the Planning Commission recommended approval of Application No. 81023 at its April 9, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 5 through 6 of the April 9, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application 81023. The Director of Planning and Inspections proceeded to review the location of the site for Council members and noted that on April 9, 1981 the Planning Commission recommended approval subject to ten conditions contained in the minutes of the meeting. He explained the Planning Commission held a public hearing on the application and that the proper notices had been sent on the application for this evening's meeting. He added, a representative of the applicant is present at this evening's meeting. Councilmember Lhotka stated he would like to see the southern area of the project site which was deferred from landscaping for three years to be seeded and maintained. Mayor Nyquist opened the meeting for the purpose of a_public hearing on Application No. 81023. He inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized Mr. Peter Rachinni, the project architect, who stated that his client's intention was to go ahead with the project. Councilmember Kuefler inquired of Mr. Rachinni if there was any problems with Councilmember Lhotka's concern over the seeding of the southern portion of the site. Mr. Rachinni stated there was no problem with this request and that the site plan already shows seeding in this area. 4 -20 -81 -9- Councilmember Lhotka inquired when the project would begin construction. Mr. Rachinni stated the project would begin in approximately two to three weeks. 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 Kuefler and seconded by Councilmember Fignar to close the public hearing on Application No. 81023. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Application No. 81023 submitted by Thomas Cook (Car -X Systems) 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, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Performance bond and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standard no. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal equipment and on ground mechanical equipment shall be appropriately screened from view. 6. B612 curb and gutter shall be provided around all driving and parking areas north of the main entrance drive. Bituminous curb shall substitute for permanent curb on the south side of the entrance drive for up to three years. 7. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 8. The permit shall be subject to all applicable codes, ordinances and regulations and violation thereof shall be grounds for revocation. 9. An underground irrigation system shall be provided in all land- scaped areas to facilitate site maintenance. -, Installation of the irrigation system and landscaping on the southerly portion of the site proposed for future development may be deferred for up to three years provided this area is seeded and appropriately maintained. Additional landscaping will be provided following this three year deferral period subject to Planning Commission review. The 4 -20 -81 -10- performance bond will not be released in its entirety until the total irrigation system and landscaping is properly installed. 10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Application No. 81024 submitted by Pamela Langren to relocate a home beauty shop from 6224 Regent Avenue North to 7243 Grimes Avenue North, pointing out that the Planning Commission recommended approval of Application 81024 at its April 9, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 7 through 8 of the April 9, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application 81024. He pointed out the applicant originally had a beauty shop at 6224 Regent Avenue North and is proposing a new shop in her home at 7243 Grimes Avenue North. The Director of Planning and Inspections explained the Building Inspector has inspected the home at 7243 Grimes and has found no problems for this type of home occupation and that his only recommendation was for the placement of a fire extinguisher. He explained the Planning Commission held a public hearing at its April 9, 1981 meeting and that the Commission recommended approval of the application subject to seven conditions contained in the April 9, 1981 Planning Commission minutes. He added that the proper notices had been sent regarding - Application `81024 -and that a representative of the applicant is present at this evening's meeting. Councilmember Lhotka inquired whether it would be appropriate to request an exit sign for this application since the exit signs have been required for all other similar home occupations. The Director of Planning and Inspections explained the exit sign has generally been 'required for home occupations located in the basement of a home and that this one is a ground floor operation, but that he would review the exit sign requirement with the building inspector. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 81024 and inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized an individual who stated he was the husband of the applicant who explained to the Council that there are exits provided through two doors for the beauty shop and that the exits are both at ground level. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Application 81024. 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 Lhotka to approve Application 81024 submitted by Pamela Langren subject to the following conditions: 4 -20 -81 -11- i 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations, and violation thereof shall be grounds for revocation. 3. A copy of the current state operator's license shall be kept on file with the City. 4. All parking related to the special use shall be off street on improved space provided by the applicant. 5. The hours of operation shall be Monday through Friday not later than 9:00 p.m. All customers will be received on an appointment only basis. 6. The operation shall conform to the recommendations of the Building Official's report prior to the issuance of the special use permit. 7. The applicant shall provide a chemical type fire extinguisher within the home beauty shop area .prior to the issuance of the special use permit. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced Application No. 81025 submitted by the City of Brooklyn Center for preliminary plat approval to subdivide into fifteen out lots the vacant land east of Noble Avenue North, south of I -94, and north of the lots facing 66th Avenue North. He added the Planning Commission recommended approval of Application 81025 at its April 9, 1981 meeting. The Director of Planning and Inspections presented and reviewed pages 9 through 10 of the April '9, 1981 Planning Commission minutes and also the Planning Commission information sheet prepared for Application 81025. He stated the property in question is a remnant of a MN /DOT taking for noise barriers purposes and'that in March 1978, the City agreed to acquire, the excess property from MN /DOT after noise barriers were constructed. He pointed out it was the express purpose of the City to in turn convey this property to abutting property owners noting that the property is not wide enough to develop standard single family lots which have access to a public street and residents of the area who live south of the land in question have agreed to purchase respective portions of the property for the cost of the platting. The Director of Public Works reviewed the proposed conveyance and stated that all persons on the plat have indicated a desire to acquire the out lots. He added that the Planning Commission held a public hearing on the application at its April 9, 1981 meeting and that proper notices had been sent for this evening's meeting. 4 -20 -81 -12- Councilmember Kuefler stated that he is concerned with the possibility of someone building on the out lots if the area is resubdivided. Acting City Attorney John Dean stated that,the subdivision of the area would require approval by the City Council and that only two of the lots appear to be buildable since the rest would be landlocked. The Director of Planning and Inspections added that there is also a drainage easement which would have to be observed and that no construction could occur over the easement. The Director of Public Works noted that, in order to build in the area it would have to be replatted and approved by the City Council and that the drainage problem would also have to be resolved. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 81025 and inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized Mr. C. A. McKenzie of 4618 66th Avenue North who stated that allowing property owners to acquire the out lots is a tremendous idea but that he had a particular problem with the City park in the area specifically vandalism, littering and general rowdyism. He explained the cars gained access to Orchard Lane Park through the deadend_ portion of Noble Avenue. He stated that he supports the application but that he would also support vacating this portion of Noble. Mayor Nyquist recognized Pat Weitzel of 4418 66th Avenue North who addressed the Council and stated that she does not want to see the deadend portion of Lee Avenue vacated since it would be difficult to remove snow on the vacated roadway. She added that the drainage ditch behind her home is not now adequate and that it drains out onto Lee Avenue creating a ponding situation. The Director of' Public `Works stated there is a standing water problem at the end of Lee Avenue but that it appears there has always been a problem at this location and that the present state highway construction did not appear to make it worse than it already was. He explained the nearest storm sewer is one and one -half blocks away and that there would be no economical solution to solve this drainage problem. He pointed out that the ditch may be able to be dug deeper prior to the submission of the final plat. The City Manager stated the staff will report on the feasibility of altering the ditch prior to the final plat. Mayor Nyquist recognized a resident who explained that he resided at Lot 5 on the plat and stated that the drainage problem on Zee was not worsened by the current highway construction and that the drainage problem was created by the original Highway 94 construction. Mayor Nyquist inquired if there was anyone else present who wished to speak to the application, there being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Application 81025. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Application 81025 subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 4 -20 -81 -13- 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Plat approval authorizes the combining of out lots with other existing parcels without a plat or registered land survey. .Building permits for accessory structures proposed for locations on out lots will not be issued until verification of the combina- tion has been presented to the Building Official. 4. The plat shall be revised prior to final plat approval so that out lot A will include the area proposed for Noble Avenue right - of -way (the turnaround area) if the City chooses to proceed with the vacation of Noble Avenue, north of 66th Avenue. 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 instruct the staff to prepare an ordinance which would provide for the vacation of Noble Avenue, north of 66th Avenue. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS CONTINUED EXCESS LAND - BELLVUE PARK The City Manager explained this discussion item involves a 50' X 63' landlocked parcel of land on the southeast corner of Bellvue Park, which the City acquired on August 11, 1967 from the State of Minnesota through conveyance of forfeited lands. He explained the procedure to dispose of the property would be a Council resolution ordering a reconveyance of the tract back to the state and authorizing the parcel for public sale. He explained the area is fenced off presently, is a difficult maintenance problem, and is not practical for the City to keep. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to instruct staff to draft a resolution ordering a reconveyance of the tract back to the state and authorizing the parcel for public sale and to give notice of the sale of the property to the adjoining property owners. RYAN LAKE AREA DETACHMENT /ANNEXATION The City Manager referred Council members to a memorandum from the Director of Planning and Inspections regarding the Ryan Lake area detachment and annexation pointing out that the staff believes the detachment /annexation would be advantageous to the City of Brooklyn Center and that the question this evening is whether the Council wishes to pursue further this procedure. The Director of Planning and Inspections reviewed the location of the property in question pointing out it is 18.27 acres in area most of which is below the 100 year flood level elevation and is designated as wetlands by the DNR. He added that there is 0.7 of an acre in the area located adjacent to Xerxes Avenue that is above the flood elevation and appears to be developable. 4 -20 -81 -14- Councilmember Kuefler stated the land in question appears to have more affiliation with Robbinsdale than with Brooklyn Center and concurred with the staff's recommendations. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to authorize the staff to pursue the Ryan Lake area detachment/ annexation further and report back to the Council with additional findings. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PROCEDURE FOR IMPLEMENTING PROPOSED BUILDING PERMIT AND PLANNING COMMISSION FEES The City Manager stated that the staff recommends that the building permit and Planning Commission fees be established by a single resolution and that future changes in fees could be done by amending the resolution rather than by a complicated and cumbersome ordinance amendment process. He stated the recommendation is being made because it is a more efficient and simpler way to approach future changes. The Director of Planning and Inspections added that the City Attorney has suggested that the City might want to, in the future, have the applicants pay consultants' fees and legal fees or consulting engineering fees on various Planning Commission applications. Councilmember Fignar inquired how the City compares to other cities with regard to this policy. The Director of Planning and Inspections stated that the survey was conducted in 1979 and that the building permit fees being recommended by the staff are those that are recommended by the Uniform Building Code and that the electrical inspection fees are identical to those in the City of Minneapolis. The City Manager stated that the survey information could be provided for the Council. LICENSES There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT Earle Brown PTA 5900 Humboldt Ave. N. Olympic Gymnastic Academy Booster Club Westbrook Mall 11ECHANICAL SYSTEIM'S LICENSE Commercial Air Conditioning, Inc. 2200 Niagara Lane Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd. Thompson Air Conditioning 5115 Hanson Court tSOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 County Road 10 Iten Chevrolet 6701 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. 4 -20 -81 -15- NONPERISHABLE VENDING MACHINE LICENSE Gold Medal 553 North Fairview Duke's Standard 6501 Humboldt Ave. N. READILY PERISHABLE FOOD VEHICLE Ted Burlingame 5919 June Ave. N. RENTAL DWELLING LICENSE Initial:` Guy Reuss 5824 Camden Ave. N. Patrick Menth 5302 Fremont Ave. N. Allan Olson 7111 Riverdale Road Renewal: Marcus Corporation 6415 James Circle N. Virgil L Hillstrom 5907, 09 June Ave. N. Raymong A. Rice 6907 Morgan Ave. N. Richard & Elfreda Ploof 5319, 21 Queen Ave. N. Transfer: Gerald R. Broman 3601 47th Ave. N. Bernard M. McDonough 4701, 03 68th Ave. N SIGN HANGER LICENSE LeRoy Signs, Inc. 6325 Welcome Ave. N. Midway Sign Company, Inc. 444 North Prior Ave. SWI EMING POOL LICENSE Indoor: Beach Apartments 4201 Lakeside Ave. N. Spa Petite 5615 Xerxes Ave. N. Outdoor: Beach Apartments 4201 Lakeside Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 10:20 p.m. Clerk May 4 -20 -81 -16-