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HomeMy WebLinkAbout1980 09-08 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 SEPTEMBER 8, 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 7:04 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, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Gene Lhotka. 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. APPEARANCE BY MEMBERS OF CREEK VILLA ASSOCIATION Mayor Nyquist recognized Mt. Richard Lichtenberg of 7203 Perry Court West who addressed the Council and stated that he is speaking for the other members of the Creek Villa Association stating that he believes the residents in the Creek Villa area are not getting their fair share of City services for their tax dollars. He requested that the City Council resurface the streets in the Creek Villa development. The City Manager inquired whether Mr. Lichtenberg meant that the street should be sealcoated. Mr. Lichtenberg replied that yes, he is requesting that the streets within the Creek Villa complex be sealcoated by the City. Mayor Nyquist pointed out that the streets in the Creek Villa complex are owned by the Homeowners' Association and also added that he believed that the Creek Villa development is one of the finer developments within the City of Brooklyn Center. Mayor Nyquist inquired of Mr. Lichtenberg whether he was aware that the streets were private. Mr. Lichtenberg stated that he was aware that the streets were private streets. The City Manager stated that the streets in the Creek Villa development were not constructed using City standards as to the width of the streets. He . stated that the staff can prepare a response to the request by the Creek Villa Association. Councilmember Fignar inquired how many miles of streets were in the Creek Villa complex. Mr. Lichtenberg replied that there is approximately 3/4 of a mile of streets with 105 homeowners in the development. The City Manager stated that the City has received similar requests regarding snow- plowing of the streets in The Ponds development but that no Association has yet, requested ,sealcoating of private streets. Councilmember Fignar inquired II I 9 -8 -80 _1_ whether the individual taxes in the Creek Villa development are as high as for single family homes. The City Manager explained that the homes in the Creek Villa development are taxed no differently than single family homes and that the same.formula is used. However, he stated, the same square footage in a single family home would likely have more value since the lot of a single family home would increase the value. He stated that the staff will look into the legal and other implications of the City's participation in sealcoating the streets in the Creek Villa development. Councilmember Fignar inquired what the cost would be for sealcoating the streets. One of the residents of the Creek Villa Association present in the audience estimated that the cost would be approximately $1 per square yard or a total cost of $8,700. Councilmember.Lhotka inquired what the street width was in the Creek Villa development.. The City Manager stated that the streets were 26' wide. He added that, the wider streets in the City allow more land for snowplowiA;R -. and dumping the snow on the boulevard. He pointed out that the City also ' allows parking on the wider streets and that the City is responsible for any damage to private property, noting that -it is important to.have a wider street right -of -way when plowing -snow and dumping it on the boulevard. Councilmember. Kuefler inquired whether.the Brookdale complex has private roads. The City Manager explained that the perimeter road around the Brookdale Center is a private road. Mr. Lichtenberg addressed the Council and stated that, before moving into the Creek Villa townhouse development, the value of his old single family home was $55,000 and he paid only $500.36 in taxes, and upon moving into the Creek Villa townhouse, his valuation was $65,000 and he paid $807.74 in taxes. He pointed out that both these figures represent 1980 assessed valuations and he inquired why there was such an increase in the taxes when there was not as great a corresponding increase in the valuation. The City Manager stated that Mr. Lichtenberg's old single family home would probably have been under the limited market value concept and that the newer homes would not. Also, he noted that the Homestead break on homes works geometrically when it reaches certain values. He stated that the staff will look into these differences_in taxes and report their findings. Mayor Nyquist recognized Mr. Arnie Foslien who addressed the Council stating that he was present at this evening's meeting to speak to the proposal for a traffic signal at T.H. 252 and 73rd Avenue North and stated that Mr. Jim Merila, Chairman of the Traffic Safety Advisory Committee, will be present later in the meeting to speak to this item. APPOINTMENTS TO HUMAN RIGHTS COMMISSION Councilmember Lhotka stated that he and.Chairperson Jayne Kuhar of the Human Rights Commission had interviewed three candidates for the Human Rights Commission prior to this evening.'s meeting. He stated that he is recommending that the three candidates, Delores Coop of 5337 Queen Avenue North, James Paulos of 7238 Dallas Road, and Tom Yencho of 4710 Wingard Lane be appointed to the Brooklyn Center Human Rights Commission. He added that, both he and Chairperson Kuhar, believe that these individuals will make Commission members. 9 -8 -80 -2- There was a motion by Councilmember Lhotka and seconded by Councilmember Kbefler to appoint Delores Coop, Jim Paulos, and Tom Yencho to the Brooklyn Center Human Rights Commission. Voting in favor: Mayor Nyquist, Council- . members Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. Mayor Nyquist instructed Councilmember Lhotka and Administrative Assistant Bublitz to work out the details of which terms the newly appointed members would be filling out. The City Manager explained that the next agenda item, a performance bond reduction for the spec 8 building, located at 6850, 60, and 70 Shingle Creek Parkway, would be scratched from the agenda since certain issues were not resolved at this site with regard to the performance bond reduction. RESOLUTIONS The City Manager introduced a resolution amending the schedule of rates and fees for the use of and connection to the sanitary sewer system of the City of Brooklyn Center. He explained this resolution establishes the rates for senior citizens for the years 1981 and 1982 at a level which is 50% of the rates previously established for other single family accounts. The Director -of Public Works referred Council members to a table which describes the City's experience with senior citizen sewer discounts by district. The Director of Public Works reviewed the table district by district and pointed out that it shows senior citizens use water at a rate which is slightly more tban l/2 the non- senior citizen usage. Councilmember Kuefler inquired how the current rates stand up with regard to the cash flow. The Director of Public Works stated that the City is in good shape through 1982 with regard to cash flow if the current level.of service is maintained and no additional services are added. Councilmember Kuefler stated that he was concerned about the households where there may be more.than two senior citizens, and that with our present policy they would not qualify for the reduced rates, since the reduced rates apply only to households of up to two senior citizens. The City Manager stated that the staff could investigate some method whereby more than two senior citizens per household could be accommodated by the reduced rate. Council- member Fignar stated that he would.request the staff to research this itme. RESOLUTION NO 80 -214 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF 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. RESOLUTION NO. 80 -215 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 80 -16 RELATIVE TO CIVIC CENTER ACCESS IMPROVEMENT PROJECT 1980 -04 9 -8 -80, -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. 80 -216 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO CHANGE ORDER AND SUPPLEMENTAL AGREEMENT FOR SHINGLE CREEK PARKWAY IMPROVEMENT PROJECT NO. 1978 -45B (S.P. 109- 109 -17) AND HUMBOLDT AVENUE IMPROVEMENT PROJECT NO. 1980 -07 (S.P. 109 - 108 -02) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -217 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO CHANGE ORDERS FOR SHINGLE CREEK PARKWAY IMPROVEMENT PROJECTS NOS. 1978 -45A AND 1979 -5 (S.P. 109- 109 -16) 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 authorizing amendment to Joint and Cooperative Agreement for Suburban Rate Authority and pointed out that this amendment will allow the Joint Powers group. to act as a monitor to the Waste Control Commission. Councilmember Kuefler stated that it is his understanding that this is not a.new group,but.that it has been in existance for some time. The City Manager stated that the group has been in existance for some time and that they presently monitor the NSP rates on street lights and also Minnegasco. He explained this resolution would expand their monitoring to the Waste Control Commission. He stated that there is no legal authority outside this Joint Powers Agreement to have the Joint Powers group work with the Waste Control Commission. RESOLUTION NO. 80 -218 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR . SUBURBAN RATE AUTHORITY 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. 80 -219 Member Bill Fignar introduced the following resolution and moved its adoption: 9 -8 -80 -4- RESOLUTION ACCEPTING BID FOR SIX (6) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED 1981 CITY BUDGET The City Manager stated that the Budget is just being introduced at this evening's meeting and that the Council could meet tomorrow or Wednesday or they could pick another meeting to discuss the Budget. Councilmember Kuefler stated that he would like more time to prepare for the review of the Budget than would be provided by holding a Budget meeting either tomorrow or Wednesday. Mayor Nyquist opened the meeting for the purpose of a public hearing on the Proposed 1981 City Budget. Councilmember Kuefler stated that he would request more time to prepare a review of the Budget than would be provided by either a Tuesday or Wednesday meeting. Councilmember Lhotka stated that he would be out of town on Wednesday September 10 and Councilmember Fignar noted that he would also be unable to make a Wednesday meeting. There was a motion by Councilmember Scott'and seconded by Councilmember Lhotka to adjourn the public hearing on the Proposed 1981 City Budget and-to reconvene the Budget meeting on Wednesday, September 17, 1980 at 7:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. DISCUSSION ITEMS CITY'S REQUEST FOR TRAFFIC SIGNALS ON T.H. 252 AT 69TH AND 73RD AVENUES NORTH The City Manager referred Council members to a resolution approving plans and specifications and directing advertisement for bids for installation of a traffic control signal system at the intersection of T.H. 252 and 73rd Avenue North (Contract 1980 -0). He also referred them to a letter from Richard P. Braun, Commissioner of the Minnesota Department of Transportation, which stated that there are.no State funds available for the installation of traffic signals at 69th and 73rd Avenues North. The City Manager pointed out that the signals at 69th and 73rd were originally areas that were proposed to have traffic signals; however, he noted that the two intersections rank 47th and 22nd respectively on the district signal priority list. He stated further that, because local funds must be used to install traffic signals along 252, it is recommended that the 73rd Avenue site be chosen over the 69th Avenue site as the best choice for the placement of a single signal. He pointed out the total cost to the City would be $105,000 and, at this time, Brooklyn Park has not given a.commitment to funding 1/2 of this amount. The City Manager stated that Rep. Ellingson has contacted him and indicated an appropriation could possibly be made at the next legislative.session which would reimburse the City for their cost in installing the traffic signal at 73rd Avenue North, but added that this was not a certainty. He stated the staff is recommending that the Council pass the resolution approving the traffic.control signal system at the 73rd Avenue North intersection and explained that it could be operational before the snow season starts. 9 -8 -80 -5- . The Director of Public Works pointed out that the State will provide the design work by the end of this week and that the City has hired the firm of Short- Elliott-Hendrickson to do the roadway design for the project. He added that. the State has completed field surveys for the roadway design already. Council- member Fignar inquired whether the signals would be permanent." The Director of Public Works pointed out that the signals would be classified as temporary as they are on wooden poles with span wire mountings rather than the steel mast arms which are required for permanent signals. He noted that the State would provide the traffic signals which would amount to $25,000 and that the City would bear the cost of installation at $40,000 and for the roadway improve- ments at a cost of $65,000. He stated if the Council approves this project, the City would receive bids on October 2, 1980 and the bid would be awarded on October 6, 1980. Councilmember Scott inquired how the project would be financed. The City Manager explained it would be financed out of the Contingency Fund or the Capital Improvements Fund pointing out that there is a potential for reimbursement from the State but no guarantee on this reimbursement and no guarantee from the City of Brooklyn Park that they will fund 1/2 of the project. He stated that the staff believes that the minimum improvement required would be a signal at 73rd Avenue North. He also indicated that the staff is con - cerned that the City would be spending funds on a State highway system since this is normally the responsibility of the State. He also stated that the traffic signals at 69th and 73rd were scheduled for 1980 but because of State cutbacks they were postponed. Mayor Nyquist expressed a concern over the possibility that if the City does something with the 73rd intersection, would the State then drop the 69th Avenue site from its priority list. The Director of Public Works replied that this would not be likely and that the criteria used for the installation of traffic signals are based on traffic volumes and accident rates. Mayor Nyquist inquired whether there are any other sources for funding the traffic signals other than through the State. The City Manager stated that the City does not qualify under the FAU program since the FATS program pays for only permanent signals and that this roadway is scheduled for reconstruction in the future and any signals constructed in 1980 would have to be of a temporary variety. Councilmember Kuefler noted that he has been working with Rep Ellingson and believes that the State supports the signals along 252 but the only problem appears to be funding.- He pointed out that there is a precedent in past legislation for reimbursement of a municipality in a situation such as this and he'sees the possibility of getting reimbursed for this project since we are working on the State's own priorities. Council - member Lhotka stated that he agrees with Councilmember Kuefler and noted that people present in the audience also have the opportunity to speak to their legislators regarding this project. .RESOLUTION NO. 80 -220 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF T.H. 252 AND 73RD AVENUE NORTH (CONTRACT 1980 -0) 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. 9 -8 -80 -6- PLANNING COMMISSION ITEMS The City Manager introduced three Planning Commission applications, Application No. 80022 submitted by Korsunsky - Krank - Erickson /Commercial Partners requesting site and building plan approval of a shopping center /theater /restaurant complex on land east of Shingle Creek Parkway north of Brookdale Ford, Application No. 80023 submitted by Korsunsky - Krank- Erickson /Commercial Partners on behalf of United Artists - requesting a special use permit to build and operate a theater within the complex envisioned in Application No. 80022, and Application No. 80021 submitted 0y Merila- Hansen /Commercial Partners for preliminary plat approval for a subdivision including the Brookdale Ford property and the Brook- dale Square complex. He pointed out that the plans for the restaurant proposed for this project are not being submitted at this time and that the Planning Commission approved all three applications at its August 28, 1980 meeting. The Director. of Planning and Inspections reviewed the location of the proposed shopping center /theater /restaurant complex and presented to Council members the Planning Commission minutes regarding the discussion of Planning Commission Application No. 80022. He also presented and reviewed the Planning Commission information sheet prepared for Application No. 80022. He pointed out that the project comprehends 88,00.0 square feet of commercial area with an eight screen 2,045 seat theater. He added that the project comprehends a 10,000 square foot restaurant but that no building plans have yet been received, and according to the information available to staff, the developer is still seeking a tenant for the restaurant. He stated that the major concern in the past has been with the access to the site and at the July 21, 1980 City Council meeting the pro - ject was referred to the Planning.Commission to resolve the access problem to the shopping center site. He reminded the Council that.the staff had proposed a north access as the major access to the site. He pointed out the current plan represents a response to both the staff's concerns and the applicant's concerns for the exposure of the buildings in the project. He stated that the Planning Commission, at its August 28, 1980 meeting, recommended approval of the application subject to 14 conditions which he reviewed for Council members. - Councilmember Kuefler inquired what the staff's opinion was.of these new plans submitted by the developer. The City Manager stated that the plan emphasizes the north end of the site as the major entrance to the site and that in this regard the plan meets the City staff's and the Planning Commission's concerns regarding access. He pointed out it should be noted that when the north access to the site is opened the Northwestern Bell median access would be closed. Councilmember Lhotka inquired whether legally the City could require the place- ' ment of a signal at the north access on Shingle Creek Parkway as a condition for approval of the project. The Director of Planning and Inspections stated that the staff has made no recommendations regarding the signal, but past s f pp f Council discussions about this item have contemplated . the likelihood of a a signal at this location. Councilmember Lhotka stated that he believes putting in the signal now may be advisable as opposed to installing it at some later date. The Director of Public Works stated that the warrants for the installation of a traffic signal are not met now and even over the next 20 years, according s to'the developer's traffic consultant, the warrants will be met for a traffic signal at this location. He emphasized that, at this time, there is no warrant for a traffic signal. Councilmember Lhotka questioned whether the City could require the developer to construct a signal system at Shingle Creek Parkway now. The City Attorney stated that any requirement must be based on facts justifying it and that if the technical advice available now says it is not warranted it becomes tenuous as a requirement. Councilmember Lhotka stated that, if building the signal now is not advisable, he would suggest binding the developer to a future agreement committing them to future construction of a traffic signal. The City Attorney suggested that a performance agreement 9 -8 -80 -7- L. stating the criteria used for warranting and installing a signal could be used and that this would involve a contract and bond from the developer. Council- member Lhotka.noted that he believes the staff has made.convincing arguments in the past regarding the future probability of the necessity of a traffic signal on Shingle Creek Parkway at the north access to the site. Councilmember Kuefler stated that, at the time of the IDR hearing, the restaurant was of primary consideration and that it concerns him that it is now not indicated specifically in the plan. Mayor Nyquist stated that he shared Councilmember Kuefler's concerns regarding the absence of the restaurant in the plans. Councilmember Fignar concurred with both Councilmember Kuefler and Mayor Nyquist regarding the restaurant plans. Mayor Nyquist stated that the restaurant was the principal reason for approving the IDR bond for this project and because the restaurant is not indicated on the site plan there is some question whether it might be developed, he would_ therefore entertain a motion'to reconsider the Council's past resolution , approving the IDR bond for Commercial Partners. The City Attorney stated that the proposed restaurant in the project is tied directly to the financing of the project and not to the site plan, and pointed out that it should be evaluated on this basis. He stated that he believes consideration of this at the final approval.of the IDR bond would give the City less leverage in influencing the project than;if'it is considered now. Councilmember Scott inquired what stage the restaurant is'now at. Mayor Nyquist recognized Mr. Allen.Gustafson, representing Commercial Partners, who addressed the Council and stated that the negotiations over the roadway access have prevented Commercial Partners from requesting site plan approval for the restaurant. However, he assured Council members that he does have a restaurant for the project. He pointed out that there is also a problem with the Zoning Ordinance with regard to. parking requirements for the restaurant facility. In response to Councilmember Scott, Mr. Gustafson pointed out that he has the Trapper & Trader group interested in a restaurant at the site. Mayor Nyquist suggested reconsidering the IDR bond approval until the restaurant issue is resolved. The City Manager pointed out that the Brooklyn Center ordinances prohibit one firm from holding two liquor licenses within the City and that the Trapper & Trader group has also expressed an interest in a restaurant at the Hippodrome site on the Earle Brown farm. Mr. Gustafson stated that the Trapper & Trader group has shown a definite interest in the Commercial Partners site. Mayor Nyquist inquired whether Commercial Partners has any signed agreement with the Trapper & Trader group for a restaurant. Mr. Gustafson replied that there was nothing in writing but that this was primarily because of the uncertainty of the parking requirements for the restaurant site. The Director of Planning and Inspections stated that, based on the plan presented by Commercial Partners, only 216 stalls remain for the restaurant and that these 216 stalls would accommodate an approximate 400 seat restaurant under the current plan. Mr. Gustafson stated that proof of parking exists for 400 seats and suggested allowing a cross use of parking by allowing retail parking spots to be used for the restaurant facility in lieu of the additional number of parking spaces for the restaurant. The Director of Planning and Inspections.. stated that a request for a variance from the parking standards, as Mr. Gustafson is referring to, should appropriately come at the time that the site plan approval is granted and can only be granted if the applicant can meet the standards for variances. 9 -8 -80 -8- RECESS The Brooklyn Center City Council recessed at 9:15 p.m. and reconvened at 9:35 p.m. Councilmember Scott inquired whether the City could bind the developers to building a restaurant without reconsidering the Planning.Commission application presented this evening. _ The City Attorney stated that perhaps an elaborate agreement could be drawn up but the applicant appears to want to solve the parking problem before a final plan is drafted. He suggested the applicant complete the site plan and come back to the Planning Commission with the completed plan, including the restaurant. He pointed out it is unusual to approve a site plan without receiving a final draft of the plan. The City Attorney recommended tabling action for all three applications and that the parking problems be resolved first at the staff level and then submitted to the Planning Commission for their recommendations. Mr. Gustafson pointed out it has been difficult to plan the restaurant in light of other problems including the access problem and asked that the project be allowed to move ahead rather than be delayed again. He assured the Council that the restaurant will be built with meeting facilities. The City Attorney commented it appears that the reasons the restaurant plans are not before the Council this evening is.because of the parking problems, and looking at other plans this evening would not solve the parking problem. Mr. Gustafson stated that changing the roadway access has prevented Commercial Partners from locating the restaurant. .on the site and that he believes the parking will not make or break the restaurant. The City Attorney inquired of the applicant whether there was anything he needed from the Council this evening before.he. proceeds with the final preparation of the site plan which would include the restaurant and banquet facility. Mayor Nyquist recognized Mr. Darrel Fortier, representing Commercial Partners, who stated that the restaurant design will be contingent on the flexibility in the parking requirements and how the City of Brooklyn Center will regard parking requirements for banquet facilities. He stated that a restaurant with a seating capacity of 350 on the upper floor and a banquet facility on the lower floor with a seating capacity of 350 plus a surplus of 25 cars on the site would be contingent on how the City of Brooklyn Center counts parking spaces for banquet facilities. The City Manager stated that he is concerned that the project has been put together on a "piecemeal" basis. Councilmember Lhotka stated that, in his consideration of the project, it does not meet many of the IDR guidelines as developed by the Committee from the Chamber of Commerce, City Council and City staff. He indicated that he would vote against approval of the project at this time. The City Manager stated that he would like an opportunity to look at the whole project and pointed out that the staff has never had the entire plan to review. He added that the staff -has assumed a 400 seat restaurant with what the applicant was considering, not the 300 -350 seat restaurant being mentioned by the applicant. The Director of Planning and Inspections stated that only 216 parking spots remain for the restaurant based on the present plan, as submitted. He added that the staff has not yet seen a floor plan of a restaurant for the site. He emphasized that if the applicant is looking at 600 seats for the restaurant and banquet facility, there is not enough parking now contained on the plan to accommodate this type of facility. Mr. Darrel Fortier stated that we are not the designers for the restaurant and the restaurant designers could not begin their design work until the access problems were resolved. He pointed out that they apparently have the option to come through normal channels for site plan review for a 350 seat restaurant and 350 seat banquet facility or to be flexible using a combination seating to obtain the required banquet facilities by using some of the restaurant seating for banquet seating. Councilmember Kuefler stated that he shares the applicant's concern for the time involved 9 -8 -80 -9- and is amenable to acting on the site plan as soon as a. complete plan is presented for a 300 -350 seat restaurant and a 300 -350 seat banquet facility. Planning Assistant Shallcross requested a clarification on the Council's intent for the restaurant and banquet facilities and inquired whether the Council would be agreeable to having the 350 seat restaurant and 350 seat banquet facility overlapping with some of their seating. Councilmember Kuefler stated that.he is looking for.seating for a 300 -350 seat restaurant and additional banquet seating for 300 -350 people. Councilmember Fignar stated that he concurs with Councilmember Kuefler's recommendations for the restaurant and' banquet facility. The City Attorney suggested that tabling the three applications is a necessity and that it must come before the Planning Commission and Council again when a complete site plan is developed. He stated that the applicant appears to want to negotiate with the City Council on bending the parking requirements and that the staff will not stand for it and is requesting that the applicant proceed through.the normal channels provided for such requests. The four Councilmembers voting affirmatively at the May 19, 1980 City Council meeting on granting preliminary approval of the IDR bond for Commercial Partners concurred that their primary reason for granting preliminary approval of the Commercial Partners IDR bond was because a restaurant and banquet facility would be included in the project. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to table Planning Commission Application No. 80022 submitted by Korsunsky - Krank- Erickson / Commercial Partners requesting site and building plan approval of a shopping center /theater /restaurant complex on land east of Shingle Creek Parkway, north of Brookdale Ford; Application No. 80023 submitted by Korsunsky- Krank- Erickson /Commercial Partners on behalf of United Artists requesting a special-use permit to build and operate a theater within the complex envisioned in Application No. 80022, and Application No. 80021 submitted by Merila- Hansen /Commercial Partners for preliminary plat approval for a subdivision including Brookdale Ford and the Brookdale Square complex until a full and complete site plan is presented to the Planning Commission and the City Council. Voting in favor: Mayor Nyquist, Councilmember 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 direct the City Attorney to research the legal ramifications of reconsidering the preliminary approval of the IDR bonds for the Commercial Partners project at a later date. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. Mr. Darrel Fortier requested a clarification from Councilmember Kuefler on what he is recommending for the banquet and meeting facilities._ Councilmember Kuefler suggested that he work out these details with staff and review the guidelines for direction. DISCUSSION ITEMS CONTINUED I -94 CONSTRUCTION SCHEDULE The Director of Public Works informed Council members that, at the time of"plan approval, MN /DOT made certain assurances to the City regarding the I -94 con- struction project. He stated that the City would not allow both the Humboldt 9 -8 -80 -10- and Dupont Avenue bridge to be taken out of service at the same time. He stated that MN /DOT could not give this assurance but - assured staff that the Humboldt Avenue bridge would not go out of service until fall of 1981. He pointed out that, after the contract was awarded, the time schedule on the project changed arid the contractor is now intending to complete all work on the I -94 project in 1982, not 1983. The result, he explained, is that Humboldt will be closed to southbound traffic on September 15, 1980 and to northbound traffic early in October. Further, he stated that the contractor's new schedule meant that the Dupont Avenue bridge would not open until next fall and would be out of service for the entire school year. In the process of negotiating.change orders with the contractor, the State has had the Dupont Avenue bridge completion pushed up so a new bridge will be in service in March of 1981 rather than August of 1981. Heppointed out that this would be acceptable to the school district where before the closing of the Dupont bridge for an entire school year would not be acceptable. He informed Council members that the State has assured the City that the lane restrictions to one lane on.I -94 will occur only periodically and in off -peak hours. He did, however, point out one exception at the T.H. 152 interchange; the bridge requires widening and the eastbound I -94 traffic might be restricted to one lane for a major part of the winter. Councilmember Scott inquired what kind of notice could the City give to people regarding this project. The Director of public Works noted that the State is issuing news releases on the project. The -City Attorney left the table at 10:35 p.m. The Director of Public Works stated that the ramps, off I =94 to Shingle Creek Parkway will be open next week, and the Humboldt Avenue bridge is closed. He added that the traffic signals.on Shingle Creek Parkway will also be in operation at this time. Councilmember Kuefler inquired what the significance of a 1982 completion date as opposed to a 1983 date would mean for the City. The City Manager stated that, essentially, it will get the detours out of town a year sooner. The Director of Public Works pointed out that this contract will not complete the access to downtown along 252 but that the project should resolve the traffic jams at the 100 and 694 intersection. He stated that the north -south access along 252 is planned to be complete by the fall of 1982 which would carry traffic all the way downtown. The City Attorney returned at 10:45 p.m. Discussion ensued regarding the various aspects of the I -94 project and the City Manager suggested directing the Director of Public Works to write a letter to the State requiring that they give the City 45 days to review any future changes in the project in order to present them to the City Council for their approval. In good faith, he pointed out that the State did not know that the contractor would change his deadlines.on the project. The Director of Public Works stated that he would like to point out that the City's channelization project on Humboldt north of 65th should be completed this week. REVIEW OF SPECIAL ASSESSMENTS WHICH ARE TO BE LEVIED THIS YEAR The Director of Public Works pointed out that the public hearing for the special assessments will be held on September 22, 1980. He referred Council members to a summary sheet of the assessments. Councilmember Fignar requested that the City look into the growth of the weeds.on 63rd and Brooklyn Boulevard at the old Shopper's City site. 9-8 -80 -11- AMENDMENTS TO CITY CHARTER The City Manager stated that the City Charter requires a public hearing before amendments to the Charter can be adopted and it is recommended that the City Council set a public hearing date for the Charter amendments on October 6, 1980, There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to set the public hearing date for consideration of the Charter Commission amendments for October 6, 1980 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION JOINT POWERS AGREEMENT The City Manager stated that, to date, two drafts of a Joint Powers Agreement have been proposed, one being draft A recommended by the legislative subcommittee of the Cable Commission and draft B, a Joint Powers Agreement drafted by the Brooklyn Center City Manager and the Robbinsdale City Manager. He pointed out that, at a recent meeting of the legislative subcommittee of the Cable Commission, a compromise draft between the A and B drafts was recommended. He pointed out that the new draft, draft C, will attempt to address the concerns of both A and B and hopefully the Council will have the new draft agreement, draft C, to review shortly. CONSIDERATION OF SPECIFIED LICENSES -HAPPY DRAGON RESTAURANT The City Manager introduced the next agenda item which was a request for a license to operate an on -sale nonintoxicating liquor license at the Happy Dragon Restaurant located at 5532 Brooklyn Boulevard. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the issuing of an on -sale nonintoxicating malt beverage license to the Happy Dragon Restaurant located at 5532 Brooklyn Boulevard. 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 Lhotka and seconded by Councilmember Scott to approve a Class B gambling license for the Earle Brown Parent- Teachers Association. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and- Scott; voting,against: none, the motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember , Lhotka to waive.the $10,000 fidelity bond for the Earle Brown Parent - Teachers Association. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously.. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: CIGARETTE LICENSE Happy Dragon Restaurant 5532 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Duke's Properties 6870 Shingle Creek Pkwy. Duke's Standard 6501 Humboldt Ave, No. 9 -8 -80 -12- GAMBLING LICENSE Earle Brown School P.T.A. 5900 Humboldt Ave. No. MECHANICAL SYSTEM'S LICENSE Faircon, Inc. 80 2nd Ave. S.E. ON -SALE NONINTOXICATING LIQUOR LICENSE Happy Dragon Restaurant 5532 Brooklyn Blvd.. RENTAL DWELLING LICENSE Initial: Raul & Paulette Lopez 6315 Brooklyn Blvd. Gene M. Proctor 6006 Ewing Ave. No. Clifford Lane & Dorothy Ernst- 6927 June Ave. No. Paul Brandvold 4110 66th Ave. No. Gary W. Anderson 5413 70th Circle Renewal: Lyn River Corporation Lyn River Apartments Roland Scherber 7212 Newton Ave. No. Irwin Ketroser 6525,27,29 Willow Lane Voting in favor: Mayor Nyquist, Councilmembers.Kuefler, Fignar, Lhotka, and Scott; voting against: none, the.motion passed unanimously. Councilmember Kuefler stated that he had a concern over the fairness of the garage sale ordinance regarding how we treat the use of boulevards. He pointed out that the residents are required to maintain the boulevards and some persons feel they should be allowed to use that boulevard for the placement of garage sale and real estate signs. He inquired whether the Council is interested in tuning the ordinance to allow residents to use the boulevard. The City Manager stated that the staff can research this requirement, possibly leaving the regulation as it is, but requiring the residents to keep the signs 4 to 5 feet back from the roadway. He pointed out residents could use the boulevard under the present ordinance if the Council established a distance that a sign must be a certain footage from the roadway. He stated that the staff will prepare language for Council's review regarding this item. Councilmember Scott stated that she has received telephone calls from persons who saw motorcycles crossing the Dupont Avenue pedestrian bridge and requested that the City somehow regulate the traffic on this bridge to prevent motorized vehicles. The City Manager pointed out that the State has assured the City it would post the bridge for motorized vehicles and that the City will look into enforcement of preventing motorized vehicles from using the pedestrian bridge. The City Manager pointed out that the Commerce and Industry Day sponsored by the Chamber of Commerce will be held. on October 21, 1980 at the Holiday Inn and will run from noon to 4:00 p.m. 9 -8 -80 -13- ADJOURNMENT There was .a motion by Councilmember Scott and seconded by Councilmember F'ignar to adjourn the meeting. voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed' unanimously. The Brooklyn Center City Council adjourned at 11 :00 p.m. Mayor Clerk 9-�8 -80 -14-