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HomeMy WebLinkAbout1980 10-20 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 20, 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 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. Councilmember Bill Fignar was absent from the meeting. INVOCATION k i The invocation was offered by Pastor Rab ne o f the Broo d ale Covenant Church. APPROVAL OF MINUTES - OCTOBER 6, 1980 There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the minutes of the City Council meeting of October 6, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if any - one was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. Mayor Nyquist noted the Council had received a request to declare October 19 through October 25, 1980 as National Business Women's Week. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to proclaim October 19 through October 25, 1980 as National Business Women's Week. PERFORMANCE BOND RELEASES The City Manager referred Council members to a memorandum from the City's Building Official to the Director of Planning and Inspections which recommended the release of the performance guarantee on the 4 -plex located at 1510 69th Avenue North, the obligor being Michlitsch Builders. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to release the performance guarantee on the 4 -plex located at 1510 69th Avenue North, the obligor being Michlitsch Builders. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. 10 -20 -80 -1- APPOINTMENT TO COMMUNITY DEVELOPMENT ADVISORY COM14ITTEE The City Manager explained the Brooklyn Center Human Rights Commission has recommended the appointment of Commission member Roger Stacy to the Community Development Advisory Committee. He pointed out, this Committee is the local Committee that makes recommendations regarding the expenditure of Community Development funds. He stated, it is recommended a motion be made by the City Council appointing Pastor Stacy to the Community Development Advisory Committee. There was a motion by Councilmember Lhotka and seconded, by Councilmember Kuefler to appoint Roger Stacy to the Brooklyn Center Community Development Advisory Committee. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. APPROVAL OF ELECTION JUDGES The City Manager explained, the City Clerk has submitted a list of election judges for the November 4, 1980 general election and is requesting City Council approval of the election judges. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the list of election judges submitted by the City Clerk for the general election to be held November 4, 1980. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. A PPROVAL OF LOCAL ADDENDUM TO LOCAL 49 CONTRACTS — The City Manager reviewed for Council members the various portions of the local addendum to the Local 49 contract including changes in sick leave policy, vacation leave policy, severance pay policy and holiday leave. He pointed out, most of the changes contained in the local addendum are minor in nature. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the local addendum to the master labor agreement between the Metropolitan Area Management Association (MAMA) and Local 49, AFL -CIO. Voting in favor: Mayor Nyquist,.Counciimembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. RESOLUTIONS The City Manager introduced a resolution accepting bid and approving contract form for Civic Center access, Shingle Creek trailway, and park improvement projects (Contract 1980 -N). He explained, this contract includes work on the pedestrian /bicycle trails in Central Park, Civic Center access, Central Park facilities, lift station access drive, and the parking lot in Garden City Park. He added, it is recommended the bid of Shafer Contracting in the amount of $315,108.25 be accepted. RESOLUTION NO. 80 -248 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM FOR CIVIC CENTER ACCESS, SHINGLE CREEK TRAILWAY, AND PARK IMPROVEMENT PROJECTS (CONTRACT 1980 -N) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and'upon vote being taken thereon, the following voted 10 -20 -80 -2- in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving change order no. 3 to Contract 1980 -K (neighborhood park improvements) and explained change order no. 3 provides for furnishing an electrical power supply to the Central Park picnic shelter in conjunction with the installation of the trail lighting system and that this is the most economical alternative and ties the system into the Civic Center complex. He also pointed out the change order provides for the construction of a number of bituminous sidewalk ramp connections between the parking lot and the trail system and ramp connections to park shelter buildings. RESOLUTION NO. 80 -249 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3 TO CONTRACT 1980 -K (NEIGHBORHOOD PARK IMPROVEMENTS) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving plans and specifications and directing advertisement for bids for Storm Sewer Contract 1980 -P (67th Avenue North storm sewer extension) and explained it is proposed to open bids for this project on November 13, 1980 so that a portion of the work can be accomplished this year. RESOLUTION NO. 80 -250 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR STORM SEWER CONTRACT 1980 -P (67TH AVENUE NORTH STORM SEWER.EXTENSION) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler; and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing execution of an agreement with Orr- Schelen- Mayeron and Associates, Inc. for preparation of construction plans and specifications for reconstruction of lift station no. 2 and explained the remodeling of the lift station is necessitated by the I -94 construction and this work will be paid for by MN /DOT under a cooperative agreement. At the same time, he pointed out, it is proposed to add a stand -by power plant at this site at City cost. RESOLUTION NO. 80 -251 Member Tony Kuefler introduced and following resolution and moved its adoption: 10 -20 -80 -3- RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ORR- SCHELEN- MAYERON AND ASSOCIATES, INC. FOR PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR RECONSTRUCTION OF LIFT STATION NO. 2 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing submittal of application for EPA /MPCA grant for funding for infiltration /inflow analysis and explained this resolution requests the Metropolitan Waste Control Commission to act as the "pass through agency" for the purpose of obtaining 90% State /Federal funding for the I & I study. RESOLUTION NO. 80 -252 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR EPA /MPCA GRANT FUNDING FOR INFILTRATION /INFLOW ANALYSIS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon -said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing conditions for conveyance of real estate from the City of Brooklyn Center to Charlson Research Foundation and explained this is a follow -up to the discussion held at the October 6 1980 City Council meeting. The City Manager informed Council members that a representative of Mr. Charlson was present at this evening's meeting and added that neither the City staff nor Mr. Charlson's representatives have been able to find a written agreement betwqen the City and Mr. Charlson regarding the land in question. Mayor Nyquist recognized Mr. Tom Berry, representing the Charlson Research Foundation, who stated he did not find a written record or agreement between the City and the Charlson Research Foundation concerning the real estate in question and added that he had talked to several people including Mr. Don Poss, former City Manager, who explained to him he did not recall any agree - ment between the City and Charlson Research Foundation. Mr. Berry stated the Charlson Research Foundation would like to purchase the property from the City for $25,000. The City Manager explained the City's Assessor, who is a qualified appraiser, .based the market value of $41,712 on two land sales in the area and that the dollar figure was based on the square footage costs of these comparable land sales. He explained, in dedication of the Shingle Creek Parkway, a portion of Mr. Charlson's property was dedicated for public land. This portion, he pointed out, is adjacent to Shingle Creek and pointed out that the Council could accept this dedication as "value received" to make up the difference between the $25,000 offer and the $41,712 market value. 10 -20 -80 -4- There was a motion by Councilmember Scott to approve the resolution for establishing conditions for conveyance of real estate from the City of Brooklyn Center to Charlson Research Foundation and to amend the amount of money re- quested in the resolution by the City for the property from $41,712 to $25,000. The motion was seconded by Councilmember Kuefler for purposes of discussion. Councilmember Kuefler pointed out that the value of the land adjacent to the creek does not appear to be as valuable or developable as the strip of land in question in the resolution. He stated he believes the $41,000 is a fair price based on comparable sales. Councilmember Kuefler suggested a counter offer of $33,000 which would essentially mean "splitting" the difference between the $25,000 and the $41,712. He added, he believes this offer would be fair, particularly in consideration of the fact that the strip of land in question is a valuable parcel to the proposed project for the site. There was a motion by Councilmember Kuefler and seconded by Mayor Nyquist to approve the resolution establishing conditions for conveyance of real estate from the City of Brooklyn Center to Charlson Research Foundation and to amend the amount of the consideration for the property from $41,712 to $33,000. Mayor Nyquist recognized Mr. Tom Berry, representing Charlson Research Founda- tion who stated that he believes the $25,000 is a fair offer for the property. Councilmember Lhotka inquired whether the conveyance of land requires a majority vote of the Council. The City Attorney stated he would research this in the City Charter and return with an answer for the Council later in the meeting. Mayor Nyquist suggested setting the item aside until the City Attorney could research the question of the required vote for land conveyance. The City Manager introduced a resolution amending the 1980 General Fund Budget and explained this resolution comprehends the updating of the City's data processing accessing system. The Director of Finance explained the private phone line is now used for computers and we find it is too slow, quite expensive, and there.is considerable line noise with the current system. By spending $5,000, he explained, the line speed could be increased from 30 characters per second to 200 per second. He added, the new system would mean a cost savings of $142 per month for a 5 -year period. RESOLUTION NO. 80 -253 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AMENDING. THE 1980 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Nyquist inquired whether the staff could set up a session for Council members to demonstrate the operation of the City's computer hookup. The City Manager stated he would like to have a special meeting for the Council to view some of the City's physical facility changes including the computer hookup and also the joint dispatching system. The City Attorney stated that he had researched the Charter and discovered that the Charter requires three affirmative votes to approve the conveyance of land. Mayor Nyquist stated there was an amendment on the floor which would amend the amount of the consideration for the conveyance of real estate from the City of Brooklyn Center to Charlson Research Foundation from $41,712 to $33,000. Voting yes: Mayor Nyquist and Councilmember Kuefler. 10 -20 -80 -5- Voting no: Councilmembers Scott and Lhotka. The motion amending the resolution did not pass. Mr. Tom Berry, representing the Charlson Research Foundation, stated he would recommend to his client that the Council's offer be accepted. Mayor Nyquist stated there was another amendment on the floor; that being, Councilmember Scott's original motion to amend the resolution establishing conditions for conveyance of real estate from the City of Brooklyn Center to Charlson Research Foundation to change the amount of consideration for the real estate from $41,712 to $25,000. Mayor Nyquist called for a vote on the amendment. Voting yes: Councilmember Scott. Voting no: Mayor Nyquist, Councilmembers Kuefler and Lhotka. The motion amending the resolution did not pass. RESOLUTION NO. 80 -254 RESOLUTION ESTABLISHING CONDITIONS FOR CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO CHARLSON RESEARCH FOUNDATION There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to amend Resolution No. 80 -254 by changing the sum required for the conveyance of real estate from $41,712 to $32,500. Voting yes: Mayor Nyquist, Councilmembers Kuefler and Scott. Voting no: Councilmember Lhotka. The motion passed. AWARDING CONTRACT FOR 1980 AUDIT The City Manager referred Council members to a memorandum from the Director of Finance requesting approval of the agreement for the independent audit of all City funds for the calendar year 1980. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the Mayor and City Manager to enter into an agreement for the independent audit of City funds for the calendar year 1980 with the firm of Moen and Penttila, Certified Public Accountants. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. 1981 COMMUNITY CENTER FEE SCHEDULE The City Manager referred Council members to a memorandum from the Director of Finance regarding the recommended increases for Community Center member- ships and admissions. He pointed out that, during the 1981 City Budget discussions, the City Council agreed upon increases in Community Center rates for 1981 as recommended by the Director of Parks and Recreation. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the Community Center memberships and general admission increases as recommended by the Director of Parks and Recreation and to be effective January 1, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. The City Manager introduced a resolution reappointing Vern Ausen as Brooklyn Center's representative to the Hennepin County Community Development Block Grant Planning Area Citizens Advisory Committee. RESOLUTION NO. 80 -255 Member Gene Lhotka introduced the following resolution and moved its adoption: 10 -20 -80 -6- RESOLUTION REAPPOINTING VERN AUSEN TO THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING AREA CITIZENS ADVISORY COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted against the same: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving plans and specifications for swimming pool improvements and directing advertisements for bids, pointing out this resolution comprehends the tiling for the swimming pool deck and is a 1981 Budget item. RESOLUTION 1, 80 -256 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SWIMMING POOL IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced an ordinance vacating a utility easement over lots 7 and 8, block 3, Halek's Addition, and explained the preliminary plat approval of the Rudenick -Maahs Addition (Planning Commission Application No. 79063) was given on November 19, 1979. He explained, final plat approval was contingent upon prior vacation of the ten foot utility easement across lot 2 of this new addition (lots 7 and 8 of the former subdivision). He stated, it is expected that finial plat approval will proceed in the very near future subsequent to the Council's action on the first reading of this ordinance. The Director_ of Public Works explained the vacation is in conjunction with the Rudenick -Maahs plat and the owners have offered a ne�vj easement, noting, in essence, the existing easement is being replaced by the new easement so the plat can be approved. Councilmember Lhotka inquired whether there were any existing utilities in the existing easement. The Director of Public Works explained there were no existing utilities located in the present easement. There was a motion by Councilmember Kuefler and seconded, by Councilmember Lhotka to offer for a first reading an ordinance vacating a utility easement over lots 7 and 8, block 3, Halek's Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. The City Manager introduced an ordinance vacating a utility easement over tract C and D of Registered Land Survey No. 1360 and explained the final plat approval for a new RLS for the Medtronics Inc. site was given on August 25, 1980. He stated, a new easement for water main, sanitary sewer, and storm sevier, as well as sidewalk, was dedicated with the new RLS and that the old 10 -20 -80 -7- easement was intended to be vacated at the time the new RLS and easement were filed at Hennepin County. Since Medtronics, Inc. is now in the process of filing the documents with the County, he explained, it is recommended the first reading of this ordinance be approved. .There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to offer for first reading an ordinance vacating a utility easement over tracts C and D of Registered Land Survey No. 1360. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:09 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 80032 submitted by Randall Cook, and explained the applicant is requesting a rezoning of the land from 5301 to 5407 Brooklyn Boulevard from R1 to R2. He explained, this application was tabled by the Planning Commission at its August 28, 1980 meeting for referral to the southwest neighborhood advisory group and at the October 9, 1980 meeting the Planning Commission recommended approval of Application No. 80032. The Director of Planning and Inspections presented and reviewed for Council members pages 1 through 2 of the Planning Commission minutes pertaining to Application No. 80032 and also the Planning Commission information sheet pre- pared for Application 80032. The Director of Planning and`Inspections also reviewed trans transparency i the subject parcel and noted that the Planning a p cy show ng ub�ec p g Coirunission had held a public hearing on Application No. 80032 and that it was tabled at its August 28, 1980 meeting for referral to the southwest neighbor- hood group. He noted the southwest group concurred with the Planning Commission's recommendations and the Planning Commission held an informational hearing on the application at its October 9, 1980 meeting. He stated, the Planning Commission recommended approval of Application No. 80032 at its October 9, 1980 meeting and that the required notices had been sent for tonight's meeting and that the applicant was present at this evening's meeting. Councilmember Kuefler inquired whether it would be logical to continue the Cl zoning through the block south of the Northport Clinic. In response to Councilmember Kuefler's inquiry, the Director of Planning and Inspections noted that the Clinic would be a nonconforming use in either an R2 or a Cl zone and that the Cl zone north of the Clinic is somewhat of an "island ", an isolated area, dissimilar to the land uses in the remainder of the block south of the clinic. Mayor Nyquist opened the meeting for the purposes of a public hearing on Appli- cation No. 80032. He inquired whether there was anyone present who wished to speak either against or for the application. No one appeared to speak. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Application No. 80032. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Application No. 80032, a request by Randall Cook to rezone from R1 to 10 -20 -80 -8- R2 the land contained within the lots addressed 5301 to 5407 Brooklyn Boulevard, for the following reasons: 1. The proposal meets the guidelines for rezonings. 2. The proposed rezoning will comply with the proposed comprehensive plan. 3. The proposed zoning will correct nonconforming situations existing on the land. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. The City Manager introduced Application No. 80040 submitted by Q Petroleum, a request for a special use permit and building plan approval to convert the abandoned service station and car wash at 1505 69th Avenue North to a gas station/ convenience store. He added, the Planning Commission recommended approval of Application No. 80040 at its October 9, 1980 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 9 through 11 of the October 9, 1980 Planning Commission minutes pertaining to Application No. 80040 and also the Planning Commission information sheet prepared for Application 80040. He also reviewed a transparency showing the subject parcel and explained a public hearing had been held by the Planning Commission at its October 9, 1980 meeting and that the Planning Commission recommended approval subject to 14 conditions which he reviewed for Council members. He pointed out, that condition no. 12, which required that the plans shall be modified to include handicapped parking stall and ramp prior to consideration by the City Council, had been met by the applicant. Mayor Nyquist opened the meeting for the purposes of a public hearing on Application Igo. 80040 and inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized one of the visiting students in the audience from the Brooklyn Center school system who inquired how the project would benefit the community. In response to the student's question, the General Manager of Q Petroleum stated the project would help to provide adequate distribution of gasoline for automobiles, thus pre- venting the long gas lines experienced by many people in the past. Mayor Nyquist inquired if there was anyone else present who wished to speak to the application, there being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded. by Councilmember Kuefler to close the public hearing on Application No. 80040. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Application No. 80040, site and building plan and special use permit approval to operate a gas station /convenience store at 1505 69th Avenue North subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility and landscaping plans are subject to approval by the City Engineer prior to the issuance of permits. 10 -20 -80 -9- 3. A performance agreement and a supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to insure completion of approved site improvements prior to the issuance of permits. 4. All outside trash disposal facilities and /or rooftop mechanical equip- ment shall be appropriately screened from view. 5. The special use permit is issued to O Petroleum as the operator of the facility and is nontransferable. 6. The special use permit is subject to all applicable codes, ordinances, and regulations including special licensing requirements and violation thereof shall be grounds for revocation. 7. Plan approval is exclusive of all signery. which is subject to Chapter 34 of the City Ordinances. 8. The rear wall of the building shall be treated with vertical board siding, consistent with the treatment on the southeast wall. 9. The applicant shall stripe and delineate the area between the pump island as a fire :lane and shall post it as a "no parking" area with signs as approved by the City Engineer. 10. An underground irrigation system shall be installed in all landscaping areas to facilitate site maintenance. 11. Plan approval acknowledges continuation of B6 straight curb where it is existing and B612 curb and gutter in the area either side of the building. 12. The stockade screen fence along the west and south property lines shall be repaired /replaced to provide adequate screening in accordance with ordinance requirements. 13. The plan shall be modified'to indicate resurfacing of the blacktop area with a minimum 3/4" overlay of number 2361 bituminous. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. The City Manager introduced Application No. 80041 submitted by Brookdale Ford, a request for a variance from Section 34- 130:11 to permit two off -site directional signs on the Brookdale Square property to the north to direct traffic moving southbound on Shingle Creek Parkway into the Brookdale Ford site. He noted the Planning Commission recommended approval of Application No. 80041 at its October 9, 1980 meeting. The Director of Planning and Inspections reviewed for Council members pages 10 through 11 of the October 9, 1980 Planning Commission minutes pertaining to Application No. 80041 and also presented and reviewed Planning Commission information sheet prepared for the application. 10 -20 -80 -10- Mayor Nyquist opened the meeting for the purposes of a public hearing on Planning Commission Application No. 80041 and inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak to the application. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to close the public hearing on Application No. 80041. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to recommend approval of Application No. 80041, a request by Brookdale Ford for a variance from Section 34- 130:11 of the Sign Ordinance in order to place two off -site directional signs on the Brookdale Square property on the basis that the standards for a variance are met and subject to the following conditions: 1. The variance is for two off -site directional signs on the Brookdale Square site. The size of the sign at Shingle Creek Parkway shall be no greater than eight square feet. The other directional sign shall be at the location indicated on the submitted site plan and shall be no larger than four square feet. 2. The applicant agrees not to erect any other free standing identification or directional signs along Shingle Creek Parkway. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. Councilmember Kuefler thanked the Brookdale Ford representatives for their cooperation in solving the access problem into the Brookdale Square site and added that the landscaping provided by Brookdale Ford on their site looks very good. The City Manager introduced Application No. 80043 submitted by Jessie Sandoval, a request for a home occupation special use permit to conduct a saw sharpening business in the basement of the residence at 5548 Logan Avenue North. He pointed out the Planning Commission recommended approval of Application No. 80043 at its October 9, 1980 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 3 through 5 of the October 9, 1980 Planning Commission minutes pertaining to Application No. 80043 and also reviewed the Planning Commission information sheet prepared for the application. He explained, the Planning Commission held a public hearing on Application No. 80043 at its October 9, 1980 meeting and that no one appeared at the meeting to speak in opposition to the application. He explained the Planning Commission recommended approval of the application subject to six conditions which were reviewed by the Director of Planning and Inspections. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 80043 and inquired if there was anyone present at this evening's meeting who wished to speak either against or for the application. No one appeared to speak to Application No. 80043. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Application No. 80043. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. 10 -20 -80 -11- There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Application No. 80043, a request for a special use permit to conduct a saw sharpening home occupation in the basement of the residence at 5548 Logan Avenue North, subject to the following conditions: 1. The permit is issued to the applicant as operator and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regula- tions; and violation thereof shall be grounds for revocation. 3. All parking associated with the home occupation shall be off street on improved space provided by the applicant. 4. A chemical type fire extinguisher shall be mounted on the wall in the immediate area of the machine operation. 5. The applicant shall provide a curtain or door separating the machine area from the rest of the basement floor. 6. The hours of operation shall be 9:00 a.m. to 9:30 p.m. Monday through Friday and 9:00 a.m, to 5:00 p.m. on Saturday. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. DISCUSSION ITEMS AMENDMENT OF SANITARY SEWER RATE SCHEDULE FOR SENIOR CITIZENS TO ALLOW A DIS- COUNTED R ATE IN HOUSEHOLDS WITH MORE THAN TWO PERSONS The City Manager explained, at the September 8, 1980 meeting, the City Council requested staff to research and recommend a policy change. He referred Council members to the handout resolution amending the sanitary sewer rate schedule for the elderly. The Director of Public Works explained the resolution enclosed with the agenda packets is based on tying the senior citizen rate to a consumption figure, and in further investigation, the staff has determined this method would be extremely difficult to administer, therefore the staff is submitting a revised recommended resolution amending sanitary sewer rate schedule for the elderly. The Director of Finance explained the discount applies only to persons 62 years of age or older and to disabled persons is they reside with persons who are 62 years of age or older. RESOLUTION 140. 80 -257 ' Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AMENDING SANITARY SEWER RATE SCHEDULE FOR THE ELDERLY The motion for the adoption of the foregoing resolution was duly seconded b P g g Y Y member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLATTING OF EXCESS RIGHT -OF -WAY BEHIND NOISE WALL IN THE AREA FROM EAST OF LEE AVENUE TO NOBLE AVENUE The City Manager explained, in accordance with the City's request, MN /DOT has deeded this property to the City. To complete the intended transaction, he 10 -20 -80 -12- explained, it will be necessary to have the property platted, then deeded to the abutting property owners and it is intended that this be done at cost with the property owners' agreement to reimburse the City for the cost of platting and legal services. The Director of Public Works reviewed a transparency of the area received from the State next to the noise wall and explained there are two questions remaining, one being that some property owners may not want to acquire the right -of -way property and the other is that there is a small portion of land which is not abutting any property owners so that the City must determine what to do with this small parcel. The Director of Public Works stated the staff will attempt to get final commitment from homeowners before a final plat is submitted. He pointed out the cost would be approximately $300 per parcel for platting and legal services. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to direct the staff to proceed with the survey contingent on receiving a commitment to purchase the parcels by property owners. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. RECEIPT OF FAU GRANT APPROVAL FOR FUNDING OF PEDESTRIAN /BICYCLE BRIDGE ACROSS T.H. 100 The City Manager explained this is the final link in the trail system except for the link through the Brookdale area. The Director of Public Works explained the FAU funding would contribute 750 of the project and that there is also the possibility of a State bikeway grant to "piggyback" the grant which would provide 150. He explained the estimated total cost of the project was $508,000. Councilmember Kuefler inquired whether there should be any walkway system con- sidered for the area at the same time the trailway is constructed. The City Manager explained, as part of the park development, the City would provide a link from Russell Avenue to the trail then over the bridge for pedestrians. He explained, if a heavy stream of walkers emerges we can evaluate the walkway system further. Councilmember Lhotka inquired what the time line for this project would be. The Director of Public Works stated there are essentially three steps, one being the project report, the second a public hearing and the third step would be the drafting of the plans and specs. He explained the project should be able to begin construction in 1981 and it should be completed in one construction season. He added that the FAU funding of 75% pays only for construction costs and not for engineering costs. REQUEST FROM BROOKLYN CENTER JAYCEES TO HAVE HAUNTED HOUSE LOCATED AT GRANDVIEW PARK DESIGNATED AS A CIVIC EVEN The City Manager explained the Jaycees' request for their haunted house to be declared a civic event was to qualify for off -site signs. Councilmember Kuefler stated he believes this event was providing a good service to the City and is worthy of designation as a civic event. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to declare the Brooklyn Center Jaycees' "haunted house" located at Grandview Park as a civic event. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. The Director of Planning and Inspections pointed out that an administrative land use permit is required even with the designation as a civic event. 10 -20 -80 -13- LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: CHRISTMAS TREE SALES Bob Uhlhorn 6837 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Ping Hang Kwong 1034 40th Ave. N.E. Peking Place 5704 Morgan Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Fabian Seafood Co. Galveston, TX (6849 Brooklyn Blvd.) Ann Roen 6700 France Ave. N. Brooklyn Center Lioness Club 6500 Humboldt Ave. N. Larry Roen 6700 France Ave. N. Brooklyn Center Lions 6500 Humboldt Ave N. NONPERISHABLE VENDING MACHINE LICENSE Cliff McCoy /Lance, Inca 2620 9th Lane First Brookdale Bank 5620 Brooklyn Blvd. Twin Lake Alano 4938 Brooklyn Blvd. F & M Savings Bank of Minneapolis 5825 Xerxes Ave. N. RENTAL DWELLING LICENSE Initial: Kathleen Griesser 6016 Winnetka Ave. N. Renewal: Fred M. Seed Twin Lake North Apartments Isolda Gilles 4715 France Ave. N. Donald Ogilvie 6742,44 France Ave. N. Loren A. Pfingsten 6706 Grimes Ave. N. Angela May Fiala 5600 Lyndale Ave. N. Kenneth W. Kunz 5601 Lyndale Ave. N. Wilbert & Delores Hanson 7210 Perry Court East Delbert P. Bruce 4741 Twin Lake Ave. John Christofferson 4748, 52 Twin Lake Ave. Tom Castle 5256 East Twin Lake Blvd. H. & Val J. Rothschild, Inc. 7225 - 7273 Unity Ave. N. H. & Val J. Rothschild, Inc. 7240 - 7254 Unity Ave. N. H. & Val J. Rothschild, Inc. 7260 - 7274 Unity Ave. N. Marlyn & Gayle Kruse 2101 71st Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. The City Manager stated that he and the Director of Planning and Inspections reviewed the Brookdale Ten site regarding the required seeding that was to be done on the site and that no seeding had been done. He stated the staff is 10 -20 -80 -14- I CORRECTION requesting the $1,500 stated in the performance agreement to be used to hire a contractor to seed the property as per the performance agreement with Brookdale Ten. He stated the City will direct the City Attorney to contact Mr. Rozman's legal counsel before.any action is taken. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to authorize the staff to revoke escrow in the amount of $1,500 and to execute the performance agreement between the Brookdale Ten Investment Company and the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Council - members Kuefler, Lhotka, and Scott; voting against: none, the motion passed. Councilmember Lhotka stated that he was unable to attend the 7:30 a.m. breakfast meeting for the North Hennepin Community Center Citizens' Committee and inquired if there were any other Council members who wished to attend these meetings. The City Manager stated that he has been attending in Councilmember Lhotka's place and informed the Council as to the status of the project, that being a consultant was hired to do a feasibility study on the project and after the initial study is completed, the study will go to various councils involved in the North Hennepin Citizens' Committee for approval of a final feasibility study. The City Attorney requested that Council members attend a private meeting after this evening's Council meeting regarding litigations the City is involved in. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott; voting against: none, the motion passed. The Brooklyn Center City Council adjourned at 9:32 p.m. Clerk Mayor 10 -20 -80 -15- L