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HomeMy WebLinkAbout1980 06-23 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 I REGULAR SESSION JUNE 23, 1980 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:.07 p.m. F43LL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffer, Parks and Recreation Director Gene Hagel, City Assessor Koole, and Administrative Assistant Tom Bublitz. I2dVOCATION The invocation was offered by Mayor Dean Nyquist. APPROVAL OF MINUTES - JUNE 9, 1980 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of June 9, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Scott; voting against: none, the motion passed. Councilmember Lhotka abstained as he was not present at the June 9, 1980 meeting. OPEN FORUM Mayor Nyquist noted that the Council had * not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if anyone was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred the Council to a memorandum from the City's Building Official which recommended the release of the performance bonds for Super- America located at 1901 57th Avenue North and the Twin Lake Alano Society located at 4938 Brooklyn Boulevard_ He also recommended reductions of the performance bonds for Michlitsch Builders for a four -plex located at 1510 69th Avenue North and Group Health Plan located at 6845 Lee Avenue North. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the performance bond releases for SuperAmerica located at 1901 57th Avenue North and Twin Lake Alano Society located at 4938 Brooklyn Boulevard and to approve the performance bond reductions for the four -plex owned by Michlitsch Builders located at 1510 69th Avenue North to the amount of $1,000 and the Group Health Plan located at 6845 Lee Avenue North to the amount of $10,000. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously.. 6 -23 -80 -h RESOLUTIONS The City Manager introduced a resolution approving specifications for furnishing playground equipment and directing advertisement for bids and explained that this resolution comprehends the playground equipment under, the recently approved park bond issue. He added that the staff is preparing the specs using three major suppliers in the area and that the equipment will be varied from park to park. The Director of Parks and Recreation stated that most of the playground equipment will be of the wood timber type. In response to an inquiry from Councilmember Fignar the Director of Parks and Recreation stated that the total cost of the equipment would be approximately $92,000. RESOLUTION NO. 80 -140 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR FURNISHING AND DELIVERY OF PLAYGROUND EQUIPMENT AND DIRECTING ADVERTISEMENT FOR BIDS 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, 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 requested that the resolution providing for public hearing on Grading, Base, and Surfacing Project No. 1978 -45 and Curb and Gutter and Sidewalk Project No. 1979 -46 (Shingle Creek Parkway) be deferred to a future meeting.. The City Manager introduced a.resolution amending utilities agreement between Brooklyn Center and Brooklyn Park (73rd Avenue North from Humboldt to Lyndale Avenue North). He explained that an extension of the agreement signed July 16, 1969 between Brooklyn Center and Brooklyn Park is necessary in order to connect four lots in Brooklyn Park to the Brooklyn Center sanitary'sewer system. In response to a question from Councilmember Fignar, the Director of Public Works explained that Brooklyn Park is installing the sewer extension and added that the per foot cost is based on the construction cost of the Brooklyn Park. sewer system. RESOLUTION NO. 80 -141 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING UTILITIES AGREEMENT BETWEEN BROOKLYN CENTER AND BROOKLYN PARK (73RD AVENUE NORTH BETWEEN HUMBOLDT AND LYNDALE AVENUES NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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 introducdd.a resolution pertaining to State Bikeway Grant for Pedestrian /Bicycle Bridge No. 27615 over Trunk Highway 100 at Summit Drive (S.A.P. 109 - 115 -01, M5402(10)). He stated that this resolution 6 -23 -80 -2- formalizes the agreement that MN /DOT provide $25,928.71 in the form of a State Bikeway Grant for construction of the Pedestrian /Bicycle Bridge over Trunk Highway 100 at Summit Drive. Councilmember Fignar inquired where the State contribution to the Bridge would come from. The Director of Public Works indicated that he believed the State funds were from the General Revenue Fund. He added that the cost breakdown for the project would be $249,726'from FAU funding, $25,929 from the State Bike Grant, $90,414 from MSA funds, and $16,550 from the City of Brooklyn Center for a total of $382,619. RESOLUTION NO. 80 -142 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO STATE BIKEWAY GRANT FOR PEDESTRIAN /BICYCLE BRIDGE NO. 27615 OVER T.H. 100 AT SUMMIT DRIVE (S.P. 109- 115 -01, M5402(10)) The motion for the adoption of the.foregoing resolution was duly seconded by member Bill Fignar, and upon vote &ing taken thereon, the following voted 'in favor thereof: Dean Nyquis.t, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager.introduced a resolution establishing Parks Improvement Project No. 1980 -16 and noted that the resolution comprehends the work involved in constructing the parking lot, trails, basketball and volleyball courts, and tennis ball walls under the recently approved park bond issue. The City Manager stated that it is anticipated that 60 -70% of the parking dots for the City parks will be completed this year. RESOLUTION NO. 80 -143 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKS IMPROVEMENT PROJECT NO. 1980 -16 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing Brooklane Park Shelter Building Project No. 1980 -17 and added that the resolution provides for replacement of the shelter building in Brooklane Park. RESOLUTION NO. 80 -144 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING BROOKLANE PARK SHELTER BUILDING PROJECT NO. 1980 -17 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 6 -23 -80 -3- 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, 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 plans and specifications and directing advertisement for for Brooklane Park Shelter Building ' Project No. 1980 -17 (Shelter Building Contract 1980 -I). He stated that the purchase of building materials for this structure was approved at the May 19, 1980 City Council meeting and that this resolution provides for the erection of the building materials as well as construction of miscellaneous items associated with the shelter building. RESOLUTION NO. 80 -145 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR BROOKLANE PARK SHELTER BUILDING PROJECT NO. 1980 -17 (SHELTER BUILDING- CONTRACT 1980 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott;. and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing Garden City Park Shelter Building Project No. 1980 -18 and explained that this resolution provides for construction of a new shelter building as a replacement for the recently destroyed Garden City Park structure. RESOLUTION NO. 80 -146 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING GARDEN CITY SHELTER BUILDING PROJECT NO. 1980 -18 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing Central Park Shelter Project No. 1980 -19 and noted the resolution provides for construction of a picnic shelter building under the terms of the LAWCON Grant for improvements in Central Park. RESOLUTION NO. 80 -147 Member Bill Fignar introduced tPe following resolution and moved its adoption: RESOLUTION ESTABLISHING CENTRAL PARK SHELTER BUILDING PROJECT NO. 1980 -19 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 6 -23 -80 -4- 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing Arboretum Improvement Project No. 1080 -20 and noted that this resolution comprehends the work to be performed at the Arboretum in conjunction with the recently approved park bond issue. RESOLUTION NO. 80 -148 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ARBORETUM IMPROVEMENT PROJECT NO.. 1980 -20 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, 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 vacating that portion of Irving Avenue North bounded on the south by the westerly extension of the northerly line of Lot 1, Block 1, Horbal Addition and on the north by the easterly extension of the south right -of -way line of Irving Lane. He explained that this ordinance was first read on May 19, 1980,published on May 29, 1980 and is presented this evening for second reading. fie added that the vacation of this one -half block of street is consistent with the earlier vacation of the southerly half of this block and added that notices have been sent to adjoining property owners and have been published in the official newspaper. The Director of Public Works reviewed the location of the street on a transparency and explained that the City has built a sidewalk down the south half of this block and is proposing that the north half of the block also be vacated where a sidewalk will also be constructed. ORDINANCE NO. 80 -6 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING THAT PORTION OF IRVING AVENUE NORTH BOUNDED ON THE SOUTH BY THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF LOT 1, BLOCK 1, HORBAL ADDITION AND ON THE NORTH BY THE EASTERLY EXTENSION OF THE SOUTH RIGHT -OF -WAY LINE OF IRVING LANE The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Soctt; and the following voted against the same: ,none, whereupon said ordinance was declared duly passed and adopted. 6 -23 -80 -5- The City Manager introduced an ordinance amending Chapter 34 of'the City Ordinances regarding real estate signs. He explained the Council authorized the staff to prepare this amendment at its May 19, 1980 City Council meeting and the ordinance is recommended for a first reading this evening. He added that the staff felt it was important to maintain a consistency between the garage sale and real estate signs as observed in the ordinance and because of this the staff is recommending that the real estate open house signs be allowed only on private property zoned for residential use and that there be no objection from the property owner. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to offer for first reading an ordinance amending Chapter 34 of the City Ord-. inances regarding real estate signs. Voting in favor: Mayor Nyquist, Councilmember Fignar, Lhotka, and Scott; voting against: none, the motion- passed unanimously. Councilmember Kuefler arrived at 7:30 p.m. The City Manager introduced an ordinance amending Chapter 35 of the City. Ordinances regarding accessory off -site parking and joint parking facilities. He explained this ordinance amendment is recommended in conjunction with Planning Commission Applications No. 80012 and 80013 and that the ordinance is recommended for a first reading this evening. The Director of Planning and Inspection stated that the ordinance also addresses other areas of the City other than those involved in Planning Comm- ission Applications No. 80012 and 80013 and that the ordinance has general features which affect other situations in the City. The Director of Planning and Inspection stated that within the Zoning Ordinance there are two provisions for off -site and joint parking, one of which is a special use provision which is very restrictive. He noted that the City has developed a "proof of parking" concept which requires the applicant to prove he has enough parking stalls for his particular facility. He explained that the off -site accessory parking is designed for businesses that wish to expand but do not have enough room for parking. He explained that the off -site accessory parking is very restrictive. The second provision the Director of Planning and Inspection pointed out was the joint and common use provision which applies to shopping centers that use a common lot. The Director of Planning and Inspection stated that the ordinance amendment which is before the Council'this evening comprehends the.situation where the parking lot of one business could be used by another business where there . would be no conflict in the.time of use by either business. He explained the key to the ordinance is the definition section 35 -900 where accessory off -site and joint situations are defined. 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 regarding accessory off -site parking and joint parking facilities. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. 6 -23 -80 -6- SURPLUS PROPERTY The City Manager stated that it is recommended a motion be made by the City Council declaring certain handguns in the Police Department as surplus. He explained quotes for the purchase of the handguns had.been received from two gun distributors. He added that officers also have the option of purchasing their handguns back from the City and ten-of the officers have indicated that they wish to buy their guns back. There was a motion by Councilmember Fignar and seconded by'Councilmember Lhotka to declare 36 handguns in the Police Department described in a list prepared by the City Clerk as surplus. Voting in favor: Mayor Nyquist, Councilmembers, Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. DISCUSSION ITEMS RENEWAL OF EMPLOYEE ASSISTANCE PROGRAM The City Manager stated that it is recommended a.motion be made by the City Council to renew the Employee Assistance Program for another year. He referred Councilmembers to a memorandum prepared by Administrative Assistant Bublitz 'regarding the Employee Assistance Program in Brooklyn Center. Councilmember Scott inquired how many City employees make use of the Employee Assistance Program. Administrative Assistant Bublitz noted that approximately 4% of the City employees have made use of the Employee Assistance Program during the past year and that the State of Minnesota has about a 3% utilization rate with Hennepin County at 5 %. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the renewal of the Employee Assistance Contract for the 1980 -81 contract year. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. CONTINUED BOARD OF EQUALIZATION MEETING The City Manager stated that the staff has completed the reappraisals requested. at the June 2, 1980 Board of Equalization meeting and is prepared to discuss these reappraisals with the Council. The City Assessor explained that, on the reappraisals of the property, another appraiser was used other than the appraiser who originally valued the property. Councilmember Scott complimented the City Assessor and his staff for the excellent work they did on the appraisals and reappraisals.. Councilmember Lhotka inquired whether the individual in Case No. 11 was satisfied with his reappraisal. The City Assessor explained that to his understanding the individual was satisfied with his reappraisal. Mayor Nyquist announced the Board of Equalization meeting continued from June 2, 1980 was hereby reopened. Each of the eighteen individuals who requested a reappraisal of their property at the June 2, 1980 Board of Equalization meeting was considered by the City Council. There was a motion by Councilmember Kuefler and seconded by Councilmember ILhotka to establish the valuations of the eighteen cases from the June 2, 1980 Board of Equalization meeting as follows: 6 -23 -80 -7- f Case No. 1 -C. J. Tillman, 7130 Willow Lane North -1980 market value $74,400. Case No. 2 -Myrna L. Vest, 6839 Colfax Avenue North -1980 market value $37,500. Case No. 3- William Berres, 3624 53rd Place North -1980 market value $48,000. Case No. 4- Eugene M. Clemens, 2806 64th Avenue North -1980 market value $57,400. Case No. 5- Har6ld E. Johnson, 7217 Perry Court East -1980 market value $60,100. Case No. 6- Ronald Hish, 3307 49th Avenue North -1980 market value -$41.800. Case No. 7- Ronald Hish, 4917 Abbott Avenue North -1980 market value $55,300. Case No. 8- Donald T. Hinrichs, 3700 72nd Avenue North -1980 market value $51,000. Case No. 9 -R. Richard and Rosemary Graw, 5319 70th Circle North -1980 market value $50,800. Case No. 10 -Mr. & Mrs. D. Leonard, 3101 61st Avenue North -1980 market value $75,500. - Case No. 11- Kenneth B. Bueckers, 1618 69th Avenue North -1980 market value $64,300. Case No. 12 -Amos Levang, 4816 Lakeview (home) -1980 market value $53,500. 4100 Lakebreeze (four -plex) -1980 market value $109,400. Case No. 13- Robert A. Farrell, 5849 Camden Avenue North -1980 market value $60,600. - Case No. 14- Raymond Janssen, 1425 55th Avenue North -1980 market value $90,600. Case No. 15- Johnson Controls, 1801 67th Avenue North -1980 market value $373,000. .Case No. 16 -Zayre Corporation, representing Shopper's City, 3600 63rd Avenue North -1980 market value $2,227,500. Case No. 17- Savage, Savage, & Brown, representing Toy City, 6000 Earle Brown Drive -1980 market value $968,000. Case No. 18- National Valuation Services, Inc., representing K- Mart, 5930 Earle.Brown Drive -1980 market value $2,374,200. Voting in favor: i ?a,Yor. Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. Mayor Nyquist closed the continued Board of Equalization meeting. NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION JOINT POWERS AGREEMENT The City Manager explained that the Northwest Suburbs Cable Communications Commission has proposed certain revisions in the Joint Powers Agreement which established the Commission.. He noted that he is awaiting a final legal opinion from the City Attorney's office, but even without an in -depth legal analysis the Agreement appears to be a departure from usual joint powers agreements. -He noted that, in the revised Joint Powers Agreement, a good deal of authority is delegated to a nonelected commission that even with t the chanae in State law, which provides that this authority can be delegated to a commission, there appears to be a question as to whether or not the authority to grant a franchise ordinance can be delegated to a nonelected commission. He added that the withdrawal section appears to create a problem since a member city can only withdraw if the Commission breaches 6 -23 -80 -8- or violates the Agreement or fails to enforce an ordinance within one year after being notified by a member of a violation. He explained it would be extremely difficult for a member city to withdraw from the Commission as the document now reads. He also noted that, in the usual Joint Powers Organization, the members can withdraw if they disagree with the budget, but no provision is made for this in the Cable Commission's Joint Powers Agreement. The City Manager stated he would like to request permission to seek changes in the Joint Powers Agreement and return to the Cable Commission after the City Attorney's office has issued a more comprehensive analysis of the Joint Powers Agreement. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize the City Manager to request that certain provisions in the revised Joint Powers Agreement be changed pending a legal opinion from the City Attorney's office. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott;; voting against: none, the motion passed unanimously. GAMBLING LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the Class A gambling license for the Rosary Altar Society of St. Alphonsus'Catholic Church. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to waive the $10,000 fidelity bond for the gambling license for the Rosary Altar Society of St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the following list of .licenses: GAMBLING LICENSE The Rosary Altar Society of St. Alphonsus 7025 Halifax Ave. No. r GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bergstrom Trucking 6509 76th Ave. No. Browning- Ferris Industries of MN 9813 Flying Cloud Dr. Dick's Sanitary Service, Inc. 3417 85th Ave. No. Gallag Service, Inc. 9 e, 1691 91st Ave. N.E. Hilger Transfer Company 8550 Zachary Lane M.CS Refuse, Inc. 10050 Naples St. N.E. Mengelkoch Company 119 N.E. 14th St. Metro Refuse 8168 W. 125th St. Minneapolis Hide and Tallow P. 0. Box 12547 Shobe & Sons 3621 85th Ave. No. Walter's Disposal Service, Inc. 2830 101st Ave. N.E. Woodlake Sanitary Service 4000 Hamel Road 6 -23 -80 -9- ITINERANT FOOD ESTABLISHMENT LICENSE Fabian Seafood Company Galveston, TX Fisher Bros. Fisheries, Inc. Green Bay, WI St. Alphonsus Church (Fun Fair) 7025 Halifax Ave. No. MECHANICAL SYSTEM'S LICENSE Suburban Heating & Air Conditioning 2050 Whitebear Ave, NONPERISHABLE VENDING MACHINE LICENSE Northomation Systems 7421 Bush Lake Rd. Brookdale Pontiac 6801 Brooklyn Blvd. PERISHABLE VENDING MACHINE LICENSE Northomation Systems 7421 Bush Lake Rd. Brookdale Pontiac 6801 Brooklyn Blvd. RENTAL DWELLING LICENSE Renewal: Darrell A. Farr Development Beach Apartments Martha Lahti 5316 Knox Ave. No. Martha Lahti 5322 Knox Ave. No. I. Joan Johnson 3313 O'Henry Road Gary Heck 5341,43 Penn Ave. No. Sigmund Bona 5207 Xerxes Ave. No. Roger & Marie Krawiecki 5209 Xerxes Ave. No. Frances M. Lunacek 5211 Xerxes Ave. No. SIGNHANGER'S LICENSE Attracta Sign Company 6417 Penn Ave. So. Cragg, Inc. 9636 85th Ave...NO. TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE St. Alphonsus Church 7025 Halifax Ave. No. (Fun Fair) Voting in favors Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against.: none, the motion passed unanimously. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Applications No. 80012 and 80013. He explained that Application No. 80012 submitted by Meridian Construction Company was for site and building plan and special use permit approval to rehabilitate the horse barn and hippodrome on the Earle Brown . farm for use as a restaurant /nightclub facility and that Application No. 80013 submitted by Meridian Construction Company was for special use permit approval to offer live entertainment at the Trades and Trapper Restaurant on the Earle Brown farm. 6- 23 -80. -10 The Director of Planning and Inspection stated that the two special use permits requested in the applications were for parking and for live entertainment. He noted that, at the June 12, 1980 Planning Commission meeting, the applicant presented a proof of parking plan to the Planning Commission. The Director of Planning and Inspection reviewed and presented to the City Council the Planning Commission information' sheet prepared for Applications No. 80012 and 80013. He explained that the applicant is making two separate proposals, one for the barn conversion into a restaurant and one for live entertainment at the hippodrome. The Director of Planning and Inspection stated that, at the June 12, 1980 Planning Commission meeting, conversion of some of the other farm buildings to commercial use was discussed by the applicant. He added that the Minnesota Historical Society has expressed no opposition to the uses proposed by the applicant in Applications No. 80012 and 80013. He also explained that the Earle Brown farm is listed on,the Minnesota Register of Historic Places and has preliminarily been determined eligible for the National Register. The Director of Planning and Inspection stated that the Planning Commission, after a public. hearing at its June 12, 1980 meeting, recommended approval of Planning Commission Applications No. 80012 and 80013 subject to certain conditions which were reviewed by the Director of Planning and Inspection. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80013. The Mayor inquired whether was anyone present who wished to speak in opposition to the application. No one appeared to speak against the application. Mr. Phil Frey, representing the applicant, stated that he would be handling the restaurant and nightclub operation and that the restaurant will run continuously but that the night - club facility will - operate from Tuesday through Saturday only. The City Manager noted that the University of-Minnesota has informed the City that Brooklyn Center has a heavy preponderance of ash and suggested that the applicant look at other types of trees for the planting and land- scaping plan. He also suggested that the applicant closely examine the liquor license requirements of Brooklyn Center, particularly as they relate to the food and liquor sales requirements. RECESS The Brooklyn Center City Council recessed at 8:29 p.m. and reconvened at 8:43 p.m. The Council continued discussion of Application No. 80013 and Mr. Frey stated that the project will not be two separate operations and that the nightclub and restaurant will be operated together. He noted that the restaurant will have a wide choice on the menu and does have a high food cost by design. He added that the nightclub will focus on Country and Western entertainment. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 80013. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. 6 -23 -80 -11- Councilmember Kuefler noted that there may be a problem with the stipulation in the City's Ordinance that requires'a liquor operation to have a majority of its sales in the food area as opposed to liquor. The City Manager stated that the staff will review this requirement closely with the applicant. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Applications No. 80012 and 80013 for site and building I plan and special use permit approval to rehabilitate the horse barn and j hippodrome on the Earle Brown farm for use as a restaurant /nightclub facility offering live entertainment, subject to the following conditions: 1. The permit is subject to all applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. A site performance agreement and supporting financial guarantee (in an amount to be determined.by the City Manager) shall be sub- mitted prior to the issuance of permits to insure completion of approved.site improvements. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. The entire building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of.the City Ordinances. 9. An underground irrigation system shall be installed in all land - scaped areas to facilitate site maintenance. 10. Any outside trash disposal facilities or rooftop mechanical equip- ment shall be appropriately screened from view. 11. A study of the physical of preserving and /or relocating each structure on the site together with its historical significance shall be submitted to the Minnesota Historical Society for its approval prior to the issuance of permits pertaining to each structure. 12. The property is subject to replatting in accordance with City Ordinances. A preliminary plat shall be submitted prior to the issuance of building permits and a final plat shall be approved and filed with the County prior to the issuance of occupancy permits. 6 -23 -80 =12- 13. Plan approval acknowledges the recommendation that the ordinance be modified to allow joint parking agreements between this site and the Earle Brown Office Tower to the east and the Summit State Bank to the south for 238 parking spaces. The shall constitute a joint easement for parking purposes and shall be reviewed and approved by the City, Attorney. Cessation of the joint parking agreements will require tho installation of additional parking spaces as determined by the City. 14. Internal sidewalk provisions shall be made on the plans subject to the approval of the City Engineer prior to the issuance of permits. 15. Planting and /or landscaping plans shall include a variety of tree, species. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced Planning Commission Application No. 80018 sub - mitted by Northern States Power for site and building plan approval to ,construct a 12,430 square foot addition to the existing NSP north service facility at 4501 68th Avenue North to be used for vehicle storage. He noted that the Planning Commission recommended approval of Application No. 80018 at its June 12, 1980 meeting. Councilmember Kuefler noted that he is an employee of NSP and because of this will abstain from the voting on Planning Commission Application No. 80018. The Director of Planning and Inspection presented to the Council, and reviewed, the Planning Commission information sheet for Application No. 80018. He noted that a public utility facility of this type is not included specifically in the Zoning Ordinance. He explained that approval of this expansion would mean that the City is recognizing this use as compatible with others in the zoning district. He added that the Planning Commission recommended approval of Application No. 80018 subject to certain conditions as stated in the June 12, 1980 Planning Commission minutes. Councilmember Fignar expressed a concern that one Commissioner on the Planning Commission voted against the project because the plans were not complete. The Director of Planning and Inspection stated that he does not believe this situation presents a problem since the revisions requested by the Planning Commission in the plan have now been made. He explained that the revisions were made between the time of the Planning Commission meeting and this evening's Council meeting. Mr. Don Chimel, representing Northern States Power, stated that he is in concurrence with the staff presentation regarding Planning Commission Application No. 80018. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Application No. 80018 submitted by Northern States Power for site and building plan approval to construct a 12,430 square foot addition to.the existing NSP north service facility at 4501.68th Avenue North to be used for vehicle storage, subject to the following conditions: 6 -23 -80 -13- 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 sub7 mitted prior to the issuance of permits to insure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equip - ment shall be appropriately screened from view. 5. The entire 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. Plan approval is exclusive of all identification signery which is subject to Chapter 34 of the City Ordinances. 7. 8612 curb and gutter shall be provided around all driving and parking areas on the north side of the site except in areas already served by a straight B6 curb. 8. Common drainage easement between the NSP site and the Osseo - Brooklyn Bus Company site shall be established at the consent of MN /DOT prior to release of the financial guarantee submitted in accordance with the performance agreement listed in condition number three. Voting in favor: Mayor Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none, Councilmember Kuefler abstained. The motion passed unanimously. The City Manager introduced Planning Commission Application No. 80017 submitted by Swenson's Carriage House for site and building plan approval and special use permit approval to construct a 17,07°5, square foot furniture sales store and warehouse on Freeway Boulevard, immediately east of Schmitt Music. He noted that the Planning Commission recommended approval of Application No. 80017 at its June 12, 1980 meeting. The Director of Planning and Inspection presented to the City Council and reviewed the information sheet prepared for Planning Commission Application No. 80017. He noted that the . Planning Commi- ssion, at its June 12, 1980 meeting, recommended revisions in the application and that the revisions suggested by the Commission had been made in the application prior to placing it on the Council agenda. The Director of Planning and Inspection stated that the main item of diacussiom at the June 12, 1980 Planning Commission meeting concerned the treatment of Swenson's Carriage House. He noted that Swenson's has a unique design with a colonial type porch front and that discussion at the Planning Commission meeting centered on whether the treatment of the building in the application was uniform and whether the treatment followed around the building sufficiently. He added 6 -23 -80 -14- . that the purpose of the City's policy regarding building treatment is to avoid false facades on buildings. He stated that the Commission; following the public hearing on Planning Commission Application No. 80017 recommended approval subject to certain conditions as stated in the June 12, 1980 Planning Commission minutes. The Director of Planning and Inspection stated that Commissioner Maleeki opposed approval of the application because she believed the treatment of the building was not consistent with the City Ordinances. He added that there was a consensus among the Commissioners that the building should be built with a brick exterior and not with aluminum siding. Councilmember Kuefler questioned what the Planning Commission's recommendations were regarding the treatment of the building and the exterior. The Director of Planning and Inspection stated that the Planning Commission recommended a brick exterior with a porch extending around the building.only as far as indicated on the plans, which would be approximately 50 feet back from the front of the building. He added that the building will front on Freeway Boulevard. He explained that the 7 -11 store on 69th and Humboldt had a mansard roof treatment on the froi}t and that the Council, in this case, stated that the mansard treatment had to be carried.entirely around the building. Councilmember Kuefler stated that he was concerned with maintaining the con - sistency of the City's policy regarding building treatment. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80017. He asked if there was anyone present who wished to speak in opposition to the application. No one appeared to speak against the application. The applicant was present and stated that he did not wish to make any comments at this time. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 80017. Voting in favor: Mayor N- yquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The Director of Planning and Inspection stated that it is the Planning Commission's understanding that the brick exterior would be carried out on the building even though it is not one of the conditions for approval as stated in the June 12, 1980 Planning Commission minutes. Councilmember Kuefler suggested adding a requirement for the uniform treatment of the building blending in with the front porch and the brick. There was a motion by Councilmember Kuefler to approve Planning Commission Application No. 80017 subject to the eleven conditions stated by the Planning Commission at its June 12, 1980 meeting and adding a twelfth condition addressing the brick exterior and uniform treatment of the building. In discussion of the motion Mr. Mark Reinertson, architect for the applicant, stated that Swenson's Carriage House's success is due in part to its image and that the maintenance of this "freeway type imagery" is important to-the success of the project. He added that the imagery of the Swenson Carriage House would be altered if the mansard roof is carried around the building. He stated that he believes the Swenson's Carriage House is not a 7 -11 type store and that it would be more attractive than most of its neighbors in the area. He stated he was in agreement with the Planning Commission's request for a brick exterior treatment. He added, that if the mansard treat- ment is carried around the building it will not look as good and the signage will not be as effective as the original proposal. He explained that the 6 -23 -80 -15- "freeway type imagery" would be destroyed if the mansard roof is carried around the building. In response to an inquiry from the Council the City Attorney stated that *when the Citv deviates from past practice it should not be done in a discriminatory way and should be stated as an exception to the practice in the motion. The City Manager explained that the staff has attempted to maintain consistency in its policy regarding building treatment in past practices and is attempting to avoid an exception in this case. Mr. Reinertson stated-that the mansard treatment could be carried around the building but he believes it would be harmful to the image of the Carriage House. Councilmember Fignar stated that he agreed with some of the points of the applicant and that he believes the brick treatment would make an attractive building. The City Manager stated that the staff is aiming at consistency in its recommendations on this application. Councilmember Lhotka inquired of Mr. Reinertson what his recommendations would be for maintaining consistency with City policy regarding this application. Mr. Reinertson stated that the front treatment of the Carriage House would fit with the brick treatment along with landscaping. The City Manager stated that, if the Council chooses a brick exterior with landscaping, the Council could acknowledge the architectural significance of the applicant's request in this choice. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott amending the motion on the table and approving Application No. 80017, consisting of site and building plan and special use permit approval to construct a 17,075 square foot furniture sales store and warehouse on Free- -way Boulevard im east of Schmitt Music, subject to the following conditions: 1. Permit is subject to all applicable codes, ordinances and regulations and violation thereof shall be grounds for revocation. 2. The permit is issued to the applicant as operator-of the facility and is nontransferable. 3. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 4. Grading, drainage, utility and plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. A site performance agreement and supporting financial guarantee (in an-amount to be determined by the City Manager) shall be sub- mitted prior to the issuance'of permits to assure completion of approved site improvements. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Plan approval is exclusive of all signery which is to Chapter 34 of the City Ordinances. 8. The entire 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 -23 -80 -16- i 9. An underground irrigation system shall be installed in all land - scaped areas to facilitate site maintenance. 10. Any outside trash disposal facilities or rooftop mechanical equip - ment shall be appropriately screened from view. 11. The plans shall be modified to indicate a brick exterior treatment around the entire building and the planting of trees such as tall growing evergreens in a uniform manner along the sides of the building where the porch treatment ends. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. CHARTER COMMISSION AMENDMENTS . The City Manager introduced Mr. William Hannay, Chairman of the Charter Commission to present the recommended amendments to the Charter. Mr. Hannay stated that three amendments remained to be considered by the Council one of which is Amendment No. 17 which would amend Section 509 of the Charter. He stated that this amendment would add the words "amendment procedures outlined in Minnesota Statutes ", thereby eliminating reference to Statute numbers in the Charter. He reviewed Amendment No. 3 which amends Section 2.04 of the Charter and concerns the issue of incompatible offices. Mr. Hannay reviewed the third item which was Amendment No. 25 which amends Section 2.04B and con- cerns private employment. Councilmember Kuefler inquired whether the restrictions stated in Amendment No. 25 were constitutional. The City Attorney stated that the restrictions regarding private employment were constitutional. The City Manager noted that there was an additional amendment, that being Amendment No. 9, which deals with publication of ordinances. He stated that he has proposed a policy for publication, which includes the maintenance of the present policy, but if there is a change between the first and second reading of an ordinance the ordinance would again be published in its entirety after the second reading. He added that if there is no change in the ordinance between the first and second reading a notice of adoption can be published in the paper in lieu of the publication of the entire ordinance. He stated that if the Council passes this policy in the form of a resolution the Charter Commission could concur that it meets the Charter requirements then the Charter itself would not have to be changed. Councilmembers Kuefler and Fignar stated that they concur with the City Manager's recommendations. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to direct the staff to prepare the -recommended amendments to the Charter in ordinance form for Charter Commission review and subsequently for Council consideration for a first and second reading. The City Manager suggested that when the Charter is again printed it be a standard size BY' by 11" rather than the smaller size which it is -now. 6 -23 -80 -17- ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember- Kuefler 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 Mayor 6 -23 -80 -18-