Loading...
HomeMy WebLinkAbout1980 01-28 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 PIINNESOTA REGULAR SESSION JANUARY 28, 1980 CITY HALL C ALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manaaer Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffer, Superintendent of Engineering James Noska, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor McFarland of the Brooklyn Center Church of Christ. APPROVAL OF MINUTES - DECEMBER 10, 1979 (SPECIA.L SESSION), DECEMBER 17, 1979 & JANUARY 7, 1980 There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the minutes of the December 10, 1979 special session as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of December 17, 1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against none. The motion passed. Councilmember Lhotka abstained because he was not present at.the December 17, 1979 meeting. There was a motion, by Councilmember- Fignar and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of January 7, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. Mayor Nyquist 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. APP OINTMENT TO CONLMUNITY DE VELOPMENT CITIZENS PARTICIPATION COTLMITTEE Mayor Nyquist introduced the next auienda item which was the appointment of Mr. Bud Sorenson to the Community Development Citizens Participation Committee. He noted that Mr. Sorenson would be representing the Park and Recreation Commission on the Community Development Committee. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to appoint Bud Sorenson to the Cor.r-;unity Development Citizens Participation Committee. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanir, 1 -28 -80 -l- Mayor Nyquist noted the next agenda item which was the Charter Commission presentation was scheduled for 7:30 p.m. and suggested that the Council move on to other agenda items until that time. RESOLUTIONS The City Manager introduced a resolution accepting the work performed under contract for the Unity Avenue dike. He explained that the project is complete and that the staff had received no complaints concerning its ;operation. RESOLUTION NO. 80 - 28 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMFD UNDER CONTRACT FOR UNITY AVENUE DIKE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting work performed under Contract 1979 - and noted that this contract involves the installation of a pedestrian/ bicycle bridge in Central Park. RESOLUTION NO. 80 -29 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1979 -I The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution pertaining to a supplemental agreement for Bridge and Roadway Contract 1979 -D (Shingle Creek Park Project). RESOLUTION NO. 80 -30 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO A SUPPLEMENTAL AGREEMENT FOR BRIDGE AND ROADWAY CONTRACT 1979 -D (SHINGLE CREEK PARKWAY) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager requested that the resolution approving plans and specifications and directing advertisement for bids on Contract 1979 -A (53rd Avenue Upgrading Project) be tabled since the Engineering Department was still making calculations on the project. There was a motion by Coun_cilmember Kuefler and seconded by Councilmember Scott to table the resolution approving plans and specifications and directing advertise- ments fogs bids on Contract 1979 -A (53rd Avenue Upgr-�ding Project). Voting in 1 -28 -80 -2- favor: Mayor Nyquist, Councilnembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced a resolution requesting the Minnesota Department of Transportation to provide a solution to the safety at the intersection of Lyndale Avenue and 57th Avenue. The Director of Public Works explained that he had met with a representative from the Minnesota Department of Transportation who had presented plans showing that the grade of the intersection would be raised 2� to 3 feet as a temporary solution to the problem. Councilmember Fignar inquired whether there would be any cost to the City for this project. The Director of Public Works stated that there would be no cost to the City for this project. RESOLUTION NO. 80 -31 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION REQUESTING MN /DOT TO PROVIDE SOLUTION TO SAFETY PROBLEM AT THE INTERSECTION OF LYNDALF AVFNUF AND 57TH. AVENUE 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. The City Manager introduced a revised resolution approving plans and specifications and directing advertisement for bids on Contract 1979 -A (53rd Avenue Upgrading Project). He noted that this project is a joint project with the City of Minneapolis. He added that the change in the bid date to Tuesday, March 4, 1980_ .had been requested by the City of Minneapolis. Councilmemhe Lhotka questioned when the project would begin. The Director of Public Works explained that the project would start as soon after the award of the contract as the weather permits. He noted the completion date is set for September 1, 1980. RESOLUTION TO. 80 -32 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS UNDER A JOINT AGRFLMENT WITH THE CITY OF MINNEAPOLIS FOR 53RD AVENUE (STREET UPGRADIVG CONTRACT 1980 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, .and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting bids and authorizing the purchase of a street sweeper. He recommended the bid of PZacQueen Equipment Company in the amount of $45,988 be accepted. Councilmember Lhotka inquired what had been budgeted for the street sweeper.. The City Manager explained that $50,000 had been budgeted in 1980 for the street sweeper. 1 -28 -80 -3- RESOLUTION NO. 80 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR THE PURCHASE OF A STRFF'T STgFFPER 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 the purchase of 120 gallons of Visko -RHAP A3D weed chemical. He recommended the quotation of Van Waters & Rogers in the amount of $1,762.80 ($14.69 /gallon) be accented. RESOLUTION NO. 80 -34 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 120 GALLONS OF VISKO -RHAP A3D WEED CHEMICAL 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. The City Manager introduced a resolution authorizing the purchase of two 8 horsepower snowblowers. He recommended the quotation of Reeds Sales & Service in the amount of $1,170 be accepted. RESOLUTION NO. 80 -35 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) 8 HORSEPOWER SNOWBLOWERS 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 gassed and adopted. The City Manager introduced a resolution authorizing the purchase of one Kustom KRil moving radar with stat -pack. He recommended the quotation of Kustom Signal, Inc. in the amount of $2,685 be accepted. He explained that only one company makes 3 type of radar device, therefore, only one quotation was received. In resl_,se to a question by Councilmember Fignar, the City Manager explained the radar unit can perform surveys without a man stationed with it. He explained that it records and stores information on the number of vehicles, speed, and the time recorded. He noted that it can also be used as a regular radar unit. Councilmember Fignar questioned what the life span of the unit might be. The City Manager explained that it would probably be from five to ten years. I, RESOLUTION NO. 80 -36 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING TIIE PURCHASE OF ONE (1) KUSTOL t KRll MOVING RADAR PITH 1 -28 -80 - -'.° STAT -PACK The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and anon 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 the purchase of three insulated 12 x 12' overhead garage doors for the West Fire Station. He recommended the quotation of Twin City Garage Door Company in the amount of $3,387 be accepted. RESOLUTION NO. 80 -37 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCAHSF..OF THREE INSULATED OVERHEAD DOORS 12 x 12' FOR [BEST FIRE STATION The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the purchase of four insulated 13' x 12'9" overhead doors for the East Fire Station. He recommended the quotation of Twin City Garage Door Company in the amount of $5,428 be accepted. RESOLUTION NO. 80 -38 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FOUR INSULATED OVERHEAD DOORS 13' x 12 FOR EAST FIRE STATION 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 aa,ainst the sare: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the purchase of two insulated 18'2" x 14' overhead doors for the City Garage building. He recommended the quotation of Twin City Garage Door Com any in the amount of $4,300 be accepted. RESOLUTION N O. 80 -39 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCAASE OF TWO INSULATED OVERHEAD DOORS 18 x 14' FOR CITY GARAGE BUILDING 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 Kuefi.er, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 -28 -80 -5- RESOLUTION NO. 80 -40 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE SUI.LMIT STATE BANK A DEPOSITORY OF CITY FUNDS 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 -41 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS 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. The City Manager introduced a resolution authorizing the use of ALERT J3A portable breath test units. He explained that these units are more advanced than the breath test units the Police Department is now using and that they will be used by the Department on a loan basis from the State. RESOLUTION NO. 80 -42 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING USE OF ALERT J3A PORTABLE BREATH TEST UNITS 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 -43 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HAROLD PIERCE 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. s RE SOLUT I ON N 80 -44 4em%er Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF PATRICIA WEITZEL 1 -28 -80 _E,_ 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. RESOLU NO. 80 -45 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOYCE TOLVE 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 -46 Member 'Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LEAHNELL HICKMAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Ficnar, 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. ORDINANCES The City Manager introduced an ordinance amending Chapter 35 regarding setbacks from major thoroughfares. He explained this ordinance was first read at the October 22, 1979 City Council meeting, an amended first reading was presented at the January 7, 1980 City Council meeting, was published on January 17, 1980, and is presented for a second reading this evening. ORDINAN NO. 80 -1 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 REGARDING SETBACKS FROM MAJOR THOROUGHFARES The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City manager introduced an ordinance amending Chapter 35 regarding a definition for transient lodging and allowing a live -in resident manager. The Director of Planning and Inspection noted that the Planning Commission did recommend this ordinance in conjunction with Planning Commission Application No. 80005. Mayor ;Tyquist stated that it would be appropriate to consider this ordinance in conjunction with the Planning application referred to by the Director of Planning and Inspection. 1 -28 -80 -7- The City Manager introduced an ordinance amending Chapter 34 regarding courtesy bench signs. He noted that this ordinance was prepared in conjunction with a follow -up to the Council's request for clarification of the Sign Ordinance regarding courtesy benches. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to offer for first reading an ordinance amending Chapter 34 regarding courtesy bench signs. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka and Scott. Voting against: none. The motion passed unanimously. CHARTER C01111ISSION AMENDMENTS The City Manager introduced Mr. William Hannay, the Charter Commission Chairman, and stated that Mr. Hannay would be presenting the proposed changes in the City Charter recommended by the Charter Commission. Mr. Hannay stated that the proposed amendments are recommended only and the Charter Commission is not requesting that they be put on the ballot at this time, In discussion of Amendment 25: section 2.04, subdivision 2, Mr. Hannay noted that this amendment applied only to former Council members representing other parties and did not apply to an individual former Council member representing himself or herself before the Council. The City Attorney inquired if the purpose of Amendment 25 was to prohibit the influence of an individual gained from participation on the Council for his or her own private gain. Lie also questioned whether or not the private_ gain was the concern of the Charter Commission in proposing this amendment. He noted a distinction is difficult to draw in this instance and cited an example of a hypothetical rezoning case where a former Council member may represent his neighbors for no private gain or profit or he may represent a client in the same case for pay. Mayor Nyquist questioned whether Amendment 25 would include written communication as well as verbal. The City Manager stated that he believes it would include written material along with any verbal presentations before the Council. Councilmember Fignar expressed a concern over whether or not Amendment 25 would affect an individual in business from getting a rezoning or variance which was essential to his business. Mr. Hannay stated that Amendment 25 was intended to allow an individual to make requests for his or her own private concerns or business but that an individual could not represent other parties before the Council for private gain. The City Attorney noted that if the Council is in agreement with the provision in Amendment 25, the language could be amended. In discussion of Amendment 3: section 2.04, subdivision 1, Mayor Nyquist questioned how far this amendment could be extended. For example, he questioned whether it would apply if a Council member served on the board of a particular company or worked for a certain company which was contemplating contracting to supply goods or services to the City. Councilmember Kuefler questioned whether there is indeed a problem in this area. He stated that he feels the normal functions of a Council could deal with'this type of problem and felt: that a ,public forum was adequate to prevent the type of problem addressed in Amendment 3. 1_28• -8t` -8- Mr. Hannay stated that it is the Charter Corimission's intent to prevent people going out of office to use that office for their own personal gain. Council- member Lhotka stated that he views Amendment 3 as a protection against a potential problem. Councilmember Fignar stated that he is especially concerned for self - employed persons and the problems that Amendments 25 and 3 may present to their normal business functions. The City Attorney stated that the language problem in Amendment 3 and Amendment 25 is a fundamental one and that there is no place to easily draw the line in this area. Mayor Nyquist cited an examble where an individual could submit a low bi.d on certain goods and services and it may not be accented because it would violate Amendment 3 or Amendment 25. The City Attorney stated that the League of Minnesota Cities has prepared informa tion with regard to the problems outlined with Amendment 3 and Amendment 25 and noted that there are other State Statutes which apply in these areas. There-was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to refer Amendment 3 and Amendment 25 to the City Attorney to report his findings regarding these amendments to the Charter Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In discussion of Amendment 5, Mr. Hannay noted the twelve hours notice of special meetings was extended to 24 hours for adequate notice. He also noted the reference to the Minnesota Open Fleeting Law in Amendment 5. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to adopt Amendment 5. Voting in favor: Playor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In discussion of Amendment 9, Mr. Hannay noted that the Commission deleted certain sections and added the underlined section. The City Manager noted that the City does not now publish ordinances after final passage and as he recollected, a policy of summarizing the final ordinance was discussed rather than publishing the full ordinance after final passage. Councilmember Kuefler stated that he felt advanced publication of an ordinance was more important than publishing after its final passage. He noted that advanced publication would allow individuals to evaluate the ordinance and make judgments prior to its final adoption. The City Manager stated that past discussions focused on summarizing rather than publishing the entire ordinance. He noted that an ordinance is now published once in full prior to its passage. Ke stated that a possible policy could be to publish notice of the final passage and publish a summary of the ordinance after final passage. The City Attorney indicated that the Charter states that an ordinance must be published one week prior to passage. He noted that if no amendments are made to the ordinance, it is not published a second time and that the City does publish the ordinance a second time if t1liere are changes made in the ordinance, Council- member Kuefler suggested that possible language for the ar,endment might be that the City publish a sumrlary of the ordinance 30 days after final passage. The City Attorney added that if ame were added to the ordinance, it would be published a second time. CouncilpClmber Kuefler suggested using the wording 1 -28 -80 -9- "notice of ordinance passed" rather than "summary ". Amendment 9 was referred back to the Charter Commission. In discussion of Amendment 17, Mr. Hannay stated that this amendment was added because the Charter had referred to outdated Statutes. It was the general consensus of the Council to refer Amendment 17 back to the Charter Commission. In discussion of Amendment 19, Mr. Hannay stated that the Commission deleted the biggest share of this section and that the Commission felt dollar limitations created problems when stated in the Charter particularly with regard to inflation. He stated the Charter Commission felt that dollar amounts should not be stated in the Charter. The City Attorney added that State Statutes also apply to this area and that basically two decisions are to be made with regard to purchases and contracts. He noted that the Charter spea'.:s to who makes, the purchasing decision such as the City Manager, and the State Statutes apply to how the contract is let. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adopt Amendment 19. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed`unanmously. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to adopt Amendment 20. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In discussion of Amendment 24, Mr. Hannay stated that all references to gender_ i_t a.c t h i s m e ivCte u�ie��:�. ��. t a. en_.m_nt. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adopt Amendment 24. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar., Lhotka, and Scott. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8:44 p.m. PLANNING CO11ISSIOR ITEMS The City "•tanager introduced Planning Commission Application No. 80001 submitted by DeWitt Enterprises for a preliminary plat approval to create eight townhouse lots and one common area on the. property immediately south of the Humboldt Courts Apartments. He noted this application was recommended for approval at the January 10, 1980 Planning Commission meeting. The Director of Planning and Inspection pointed out that the location of the proposed subdivision is west of Humboldt Avenue across from the Humboldt Square Shopping Center, south of the Humboldt Courts Apartments. He stated that one of the conditions of approval for Planning Commission Application No. 79061 was that the property was subject to platting in accordance with the Zoning Ordinance and that this application was in response to that condition. He also explained that there would be eight individual lots serving eight townhouse units and a lot nine being a common area. The Director of Planning and Insi.)ection pointed out that there is a Homeowners Association proposed for this development. - Mayor Nyquist expressed a concern over the possibility that there may be a problem with the small size of the Homeowners Association. 1 28_8D _10- The Director of Planning and Inspection noted that the required public notices had been sent with regard to Planning Commission Application No. 80001. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application T'o. 80001 submitted by DeWitt Enterprises There was no one to speak on -the application. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Planning Commission Application No. 80001. 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 approve Planning Commission Application No. 80001 submitted by DeWitt Enterprises .for preliminary plat approval to create eight townhouse lots and one common area on the property immediately south of the Huntholdt Courts Apartments abutting Humboldt Avenue North subject to the following conditions: 1. Final plat approval is subject to review and approval by the City Engineer. 2. Final plat approval is subject to the provisions of Chapter 15 of the City Ordinances. 3. The Homeowners Association agreement and bylaws are subject to review and approval by the City Attorney prior to final plat approval. 4. The final plat shall indicate the dedication of the easterly 30 feet for right -of -way purposes. Voting in favor Mayor Nyquist, Council —mbers - -fle Fignar, Lhotka, and Scott 1 �, Voting against: none. The motion passed unanimously. The City Manager introduced Plannina Commission Application No. 80002 submitted by Edwin Kauffmann /Village Builders for preliminary plat approval to create eight townhouse lots and one common area on the property located at the southeast corner of 58th Avenue and Logan Avenue North. He added that Application No. 80002 was recommended for approval at the January 10, 1980 Planning Commission meeting. The Director of Planning and Inspection explained that Application No. 80002 submitted by Village Builders was a request for preliminary plat approval to create nine lots on a tract of land roughly 132' x 295'. He stated that the property was located at the southeast corner of 58th and Logan Avenues and on the east side of Logan across from the Northbrook Shopping Center. He explained that the property had been recently rezoned to R -3 from C -1 under Application No. 79055 and a site and building plan had been approved under Planning Commission Application No. 79056. As with Application No. 80001, the Director of Planning and inspection pointed out that the proposed plat under Application No. 80002 provides for eight individual. lots for townhouses and one common area. He also pointed out that a Homeowners Association is proposed for this project. The Director of Planning and Inspection explained that the proper public notices had been sent with regard to Planning Commission Application No_ 80002 and that the Planning Commission had approved the application at its January 10, 1980 Planning Commission meeting. Councilmember Lhotka noted that he recalled that there was a discussion at a previous Council meeting regardina screening for the project. The Director of Planning and Inspection explained�� that the applicant has discussed the screening 1 -28 -80 - -11- with the Northbrook Shopping Center. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80002. There was no one to speak on the application. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Planning Commission Application No. 80002. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Planning Commission Application No. 80002 submitted by Edwin Kauffmannj Village Builders for preliminary plat approval to create nine lots on a tract of land at the southeast corner of 58th and Logan Avenues North subject to the following conditions: 1. Final plat approval is subject to review and approval by the City Engineer. 2. Final plat approval is subject to the requirements of Chapter 15 of the City Ordinances. 3. The Homeowners Association agreement and bylaws are subject to review and approval by the City Attorney prior to final plat approval. 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. 80003 submitted by David Larson for preliminary plat and variance approval to divide the lot at 1313 57th Avenue North into two lots, with the corner lot 86 feet in width rather than the required 90 feet. He added that Planning Commission Application No. 80003 was recommended for approval at the January 10, 1980 Planning Commission meeting. The Director of Planning and Inspection explained that Planning Commission Appli- cation No. 80003 was for a preliminary plat and variance request to approve the subdivision of a tract of land 150' x 130' located at the southeast corner of 57th Avenue and Girard Avenue North. He explained that the proposed Plat would create two lots, an interior lot 75' x 130' which meets all ordinance requirements, and a corner lot roughly 85' x 130' which is substandard as to width by five feet. He noted that both lots are served by a 14 foot wide alley along the east property line. He observed that the site is presently occupied by a house, two garages, and a stone fireplace. He noted that the house is located on the proposed lot 1 and would meet all setback requirements. F,e explained one garage and the stone fireplace are located properly within required setbacks on proposed lot 2. He pointed out that the other garage straddles the proposed property line dividing the two lots and must be relocated onto lot 1 to meet setbacks prior to final approval of the plat. Turning to the application for a variance, the Director of Planning and Inspection explained that the variance requested was from Section 15 -106 g subsection (ff)` of the subdivision ordinance to allow the creation of a corner lot which is sub- standard with respect to width, but which meets other ordinance requirements for depth and area. -28 -80 -12- The Director of Planning and Inspection stated that the applicant had submitted no letter explaining the grounds for the variance, but that his argument was fairly simple, namely, that if the variance is not granted, the applicant will be denied the reasonable use of his Property. Whether this argument is valid amounts to a judgment on the part of the City Council since the Pronerty is already being used for a single family residence. He explained that the Council's determination of what makes this variance reasonable to grant will, in essence, establish a precedent which should be narrowly not broadly, construed when considering other variances in the future. The Director of Planning and Inspection explained to the Council that prior to 1976 the City granted a number of variances for houses to be built on substandard lots, using a 70% rule to evaluate the extent of the variance. He explained that these cases, however, involve pre- established lots where a property right could be said to already exist. He noted that whether a property right already exists in this case to create an additional lot, is subject to reasonable interpretation of the circumstances. Since January 1, 1976, there has been only one case in which a substandard lot was created by a new plat, that being the property at 810 61st Avenue North under Application No. 76061. He explained it is questionable whether this serves as a true precedent since the variance application was for subdivision by metes and bounds and the record indicates that the issue of creating a substandard corner lot received little or no attention. He noted that the 70% rule was abolished as an ordinance standard in 1976 by - the City Council. The Director of Planning and Inspection reviewed the standards for a variance from the subdivision ordinance. He stated that the first standard seems to be met by the fact that the existing parcel of land is left over from a previous subdivison in which the property to the east was divided into two lots. He er blo - noted Pia 1. the 1ei.gt_1 of L:.� * " td_L it �..1v�1% -L i..iie City a.i.m..OSt i^c CiliYcS tilczt Sai�tc lot, often an end lot, be substandard. He stated that the present owner of this property had no control over the creation of other lots on this block and that consequently one of the lots he wishes to create is substandard by five feet. He stated that in comparison to these other lots, the creation of an 85 foot corner lot seems reasonable. The Director of Planning and Inspection stated that the third standard also seems to be met in that the re=maining 85 foot wide corner lot will be still larger than many other corner lots in the neighborhood, notably the corner lots on the northeast and northwest corners of the same intersection and the corner lot line to the rear of the subject property. In addressing the second standard which acknowledges a substantial property right of the petitioner, the Director of Planning and Inspection noted that the applicant purchased the property as one lot not two. The applicant, therefore, has no economic investment in a second lot and no claim of confisca- tion if the subdivision is denied. He stated, however, that it may be argued in this case that the second standard is met if the first and third standards are met since, to a large extent the meeting of the other two standards creates the right to another lot. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80003. There was no one to speak on the application. There was a notion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearinn on Planning Coin.mission Lpplication_ No. 80003. Voting in favor. Mayor N�-quist, Councilmembers ,�l.cfle.r, Fignar, Lhotka, and Scott. Voting aaainF�t_ none, 'Iho motion passed unanimously. 1 -28 -80 -13- There was a motion by Councilmember. Lhotka and seconded by Councilmember Kuefler to approve Planning Commission Application No. 80003 submitted by David Larson for a variance from Chapter 15 of the City Ordinances to create a substandard lot as to width for the following reasons: 1. The particular circumstances pertaining to the property are such that a strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood in which the property is situated since that neighborhood already contains a number of substandard corner lots. 3. The variance is necessary for the preservation and enjoy- ment of a substantial right of the petitioner. 4. No other variances are required for the development of the property as it is zoned. 5. The variance applied for has been minimized as far`as is possible under the circumstances. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fianar, Lhotka, and Scott. Voting aaainst: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Planning Commission Application No. 80003 submitted by David Larson for preliminary plat approval to create two lots on the property located at the southeast corner of 57th Avenue and Girard Avenue North subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat approval is subject to the requirements of Chapter 15 of the City Ordinances. 3. The garage located on the property line dividing the proposed lot 1 and lot 2 shall be relocated within proper setbacks onto lot 1 prior to final plat approval. Voting in favor: Mayor r?yqui_st, Councilmembers Kuefler, Fianar, Lhotka, and Scott. Voting against: none. The motion Passed unanimously, The City Manager introduced Planning ComMissi_on Application No. 80004 submitted by ,Jilliam Jorenberg for special use permit �zDproval for a home occupation to build cabinets in the applicant's garage. He noted that Application No. 80004 was recc:nmended for approval at the January 10, 1980 Planning Commission meeting. 1 -ZR -80 -14- The Director of Planning and Inspection stated that Planning Commission Application No. 80004, submitted by William Norenberg, requested a special use permit for a home occupation to build kitchen cabinets in the applicant's garage at 5338 Emerson Avenue North. He pointed out the location of the applicant's property and stated that the applicant has submitted a letter describing his proposed use which would involve the building of cabinets during the hours of 5 :00 p.m. and 10:00 p.m., Aonday through Friday and 9:00 a.m. to 6:OO p.m. on Saturdays. The garage in which the activity is to take.place has no windows and is insulated and sheet rocked., He pointed out there would be no retail sales from the premises and machine operation would involve about 40% of the operating hours. The Director of Planning and Inspection stated that the :proposed use is subject to special use permit approval because it involves manufacturing with the use of equipment not normally found in a home and because the activity is carried on in an accessory structure. He noted that the ordinance permits such activity pro- vided "it is clearly incidental and secondary to the residential uses of the premises including the dwelling, and permitted accessory buildings or installa- tions thereon; does not produce light glare, noise, odor or vibrations perceptible:; beyond the boundaries of the premises; does not consist of over the counter sales of merchandise produced off the premises ". In reviewing Section 35 -900, the Director of Planning and Inspection explained that the provision that the activity be clearly incidental and secondary to the residential use of the premises has been interpreted in the past to mean that more area in an accessory structure must be devoted to residential than occupational use. He cited two previous special home occupations in which the use had to allow for the p_arkinq of at least one car in the garage. As to the issue of the noise, he stated that the repeated complaints from surrounding residents are generally grounds for denying or refusing to renew a special home occupation permit. He added that typically, outside storage of materials pertaining to the home occupation is forbidden. He explained that the essential purpose of these regulations is to preserve the residential character of the neighborhood and to protect against any erosion of the property rights of adjacent property owners. The Director of Planning and Inspection pointed out that the Building Official reviewed the premises on January 4, 1980 and reported that the garage is fully sheet rocked and the walls insulated. He stated that the report also notes that the double garage has ample room for one car and the applicant's woodworking equipment, that the insulated walls will provide some sound control, and that there seems to be no apparent conflict between the applicant's proposed home occupation and the - residential use. The Director of Planning and Inspection stated that the applicant has projected four to six jobs over the coming year at 36 hours per job. He added that based on this projection, all of the hours approved for operation would not be used. He also noted that the staff has received a letter and a phone call objecting to the proposed use. The Director of Planning and Inspection noted that the required notices of hearing had been sent regarding Application No. 80004 and that the applicant was present at this evening's meeting. Councilmember Kuefler inquired what the difference between a hobby and a special use might be. The Director_ of Planning and Inspection explained that a special use approval is requires, where the work is sane for private gain on a commercial basis. He pointed out the applicant works on a contract basis with a home builder. Councilmember Scott questioned how a home occupation is defined as incidental. The Director of £'fanning and Tnspection pointed out that this is a difficult decision and explained that the regulations governing the siDeeial use provide that only one -half of the accessory structures can be used for the home occupation. He also 1 -38 -80 -15- explained that the incidental nature of the home occur >ation is also based on the number of hours devoted to the occuna.tion and- the•timc s of operation. Mayor Nyquist inquired whether he was correct in noting that the applicant had indicated he would be completing only six jobs a year. The Director of Planning and Inspection stated that this is the number of jobs the applicant had indicated he would be undertaking. Councilmember Fignar inquired whether he was correct in assuming that the applicant had requested the hours of operation for his home occupation to be 34 hours per week. The Director of Planning and Inspection indicated that 34 hours was the number of hours requested in the special use request. Councilmember Fignar questioned whether the applicant could use the entire 34 hours per week if the special use was approved. The Director of Planning and Inspection indicated that he would be allowed to use the entire 34 hours per week but that if all 34 hours were used, it would be difficult to maintain that the home occupation was incidental and secondary to the residential use of the property. The City Attorney pointed out that the only practical was to limit the occupational use is with the number of hours of operation. Councilmember Lhotka posed the possibility of stipulating that the garage doors must be closed.during hours of operation to eliminate any noise problem. The City Attorney questioned whether there was any ventilation system in the garage. The Director of Planning and Inspection explained that no ventilation system existed in the garage. Councilmember Fignar inquired whether a ventilation system would be-required in a similar commercial operation. The Director of Planning and Inspection explained that a ventilation system would be required in a commercial operation similar to the applicant's home occupation. , i'he Director of Planning and i1_,SpeCt cn noted that the required public notices had been sent regarding Planning Commission Application No. 80004 and that the applicant was present at this evening's meeting. Mayor Nyquist opened the meetina for the purpose of a public hearing on Planning Commission Application 14o. 80004. The applicant was present. Mayor rayquist recognized Mr. Donald Welch of 5311 Dupont Avenue North, who stated that he objected to Mr. Norenberg's home occupation and felt it was a commercial venture in a residential neighborhood and that it would open up the possibility of more commercial type operations in the neighborhood. Mayor Nyquist recognized Mrs. Forystek of 5332 Emerson Avenue North. She explained that she was Mr. Norenberg's next door neighbor to the south of his property and that she objected strongly to the noise, commercial activity and the potential fire hazard of Mr. Norenberg's proposed home occupation. Mrs. Forystek then presented several letters to the Council from property owners in her neighborhood who objected to Mr. Norenberg's home occupation. She explained that the letters were from Mr. and Mrs. Angelo Picar, who own the properties at 5324 and 5328 Emerson Avenue north, Mrs. Lydia Normandin of 5327 Dupont Avenue North, and Diane Dolan, owner of the property at 5315 Dupont Avenue North. Mrs. Forystek then presented a picture to the Council showing the proximity of her home to .-fir. Norenberg's garage where he is proposing to conduct his home occupation. Mayor Nyquist recognized the applicant, Mr. William Norenberg, vho stated that he feels his garage is safe to conduct his cabinetmaking work and.that he does have an exhaust fan for the garage but has not insztalled it because of the noise problem it would present to his neighbors. He ad(ied that he conducted his cabinetmaking operation for a year prior to this application and he did not receive any complaints. y Mayor 'Nyquist :recce nlzed Mr. Tom BercistrOTTI Of 5311 Emerson Avenue `lvOrth, who L -2c _8 C1 _1.1- stated in his opinion, Mr. and Mrs. Forystek have a reputation for complaining in the - neighborhood. Mayor Nyquist recognized Mrs. Engstrom of 5319 Dupont Avenue North, who stated that she objected to the hours that Mr.. Norenberg was working and that these were the hours when most people were at home relaxing. The City Attorney noted that the special use permit would not necessarily control the hours of operation but that the City's nuisance ordinance could control after hours work. Mr. Norenberg addressed the Council and stated that he plans to do less cabinet - making work in the future. There was a motion by Councilmember Kuefler and seconder' by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 80004. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka.questioned whether a vacuum system is feasible for Mr. Norenberg's operation so that the doors on his garage could be,closed while he is working. The City Manager suggested that a vacuum system might reduce the dust potential but could possibly increase the noise problem. Councilmember Kuefler stated that he believes six cabinet jobs per year would be agreeable but that the present number of hours requested on the special use permit would be an excessive burden on the neighborhood and that he would deny approval of the special use permit as proposed. Councilmember.Fignar stated that 34 operating hours per week is a possibility as the special use is now .proposed and that this number of hours comes close to a full time job. he added that the noise in most cabinet shops tends to carry off the premises and he feels 10:00 p.m. may be too late a time to extend the hours of operation and that he would deny approval of the special use permit as proposed. Mayor Nyquist inquired whether it would be practical to have the applicant file a quarterly report on the number of cabinetmaking jobs he is undertaking. The Director of Planning and Inspection stated that this might be a workable solution if he notified the City before he began a project. Councilmember Scott questioned whether.it would be practical to limit the hours on the machinery operation since this appears to be the major problem area. Councilmember Lhotka proposed that Mr. Norenberq and his neighbors get together and attempt to work out their problems with regard to Mr. Norenberg's request for a home occupation and return to the Council at some future meeting. Council- member Kuefler stated that he would support Councilmember_ Lhotka's proposal. There was a motion by Councilmember Kuefler to table Planning Commission Applica- tion No. 80004 until the February 25, 1980 City Council meeting. The Director_ of Planning and Inspection stated that there would be no problem with tabling the an if the applicant agrees to the solution. He added that if the request for a special use permit is denied, the applicant cannot under present City Ordinances return to the Council with the.szpecial use permit request for a period of one year. The Director of Planning and Inspection stated that the Council has 48 days from the time that the Planning_ Commission has made its recommendation on the special use Permit to make a decision on the special use permit request. The City Attorney incii_cated that he does not believe there is a penalty for going beyond the 48 days. 1 -28 -80 -17- The motion to table Planning Commission Application No. 80004 was seconded by Councilmember Lhotka. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka offered his services to Mr. Norenberg and his neighbors to aid with setting a meeting to attempt to resolve the problem regarding Mr. Norenberg's request for a special use permit for a home occupation. The City Manager introduced Planning Commission Application No. 80005 submitted by Brutger Companies, Inc. for site and building plan and special use permit approval to construct a 104 unit hotel at the southwest corner of Freeway Boulevard and James Circle. He added that Application No. 80005 was recommended for approval at the January 10, 1980 Planning, Commission meeting. The Director of Planning and Inspection explained that Application No. 80005 was submitted by Gary Nelson on behalf of Brutger Companies, Inc. for site and building plan approval and a special use permit to construct a 104 unit transient'lodgina facility at the southwest corner of Freeway Boulevard and James Circle. He pointed out that the property is zoned I -1 and that transient lodging, which is a special use in the C -2 zone, is also allowed by a special use permit in this zone as well. He noted that the applicant proposes a resident manager for this which would require an amendment to the City's Zoning Ordinance. The Director of Planning and Inspection pointed out that the building is L shaped with one wing along Freeway Boulevard and another along'James Circle. tie explained that the building is set back 50 feet from Shingle Creek Parkway and Freeway Boulevard, 70 feat from .Jaws Circle and 40 feet from the Bndge_tel property. He noted that the plan provides for the required 114 parking spaces in a large parking lot covering the southwest portion of the site and a smaller parking area along the east side of the building. The Director of Planning and Inspection briefly reviewed the applicant's landscape plan which proposes three foot high berms in the open green area along Freeway Boulevard and the northwest corner of the site as well as lower berms along the east property line between the two curb cuts. He stated that the applicant had been encouraged to mix the species of trees on the site and to add landscaping along Shingle Creek Parkway to provide more screening for the large parking lot. He noted that the applicant had revised the landscape plan. He added that the plans indicated cedar shakes and face brick for the external treatment and that the treatment is carried uniformly around the building. The Director of Planning and Inspection stated that the applicant had not submitted a letter addressing the standards for "he special use permit, but added that no real conflict with the ordinance standards exist. As to the impact on local public facilities, the Director of Planning and Inspection stated that the staff had studied the possible impact on the sanitary sewer and concluded that the pro- Posed use would not overtax the sanitary sewer even at peak hours. He explained that projections had been made as to what the ultimate use of the sewer line would be and that total flow should not exceed 95% of capacity at peak times. Councilmember Fignar left the table at 10:18 p.m. The Director of Planning and Inspection stated that both Thrifty Scott and Budgetel Motels have requested the the City to consider an ordinance amendment teat will allow live - -in resident managers at their respective motels. He explained the reasons cited include, security and safety as well as better maintenance. He explained that the Zoning Ordinance currently does not permit residential uses in the commercial and industrial zoning districts. The Director of Planning and Inspection iloted that the State Building Code, however, consider 1 -28 -80 -18- the occupancy of hotels and motels to be a residential occupancy. Councilmember Fignar returned to the table at 10:20 p.m. In response to Councilmember Kuefler's question, the Director of Planning and Inspection stated that the live -in unit would be similar to an apartment with all the similar facilities found in an apartment unit. Councilmember Lhotka inquired what would be done regarding snow removal at the hotel site. The Director of Planning and Inspection indicated that it would probably be necessary to haul the snow away from the site. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80005. The applicant was present. Mayor Nyquist recognized Mr. Gary Nelson, the applicant, who stated that he would be happy to answer any questions the Council might have concerning the project. Mr. Nelson proceeded to show elevations of the proposed hotel project to the Council. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 80005. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmer+.ber xuefler to approve Planning Commission Application No. 80005 submitted by Gary Nelson on behalf of the Brutger Companies for a site and building plan and special use permit for a 104 room hotel at the.seuthwest corner of Freeway Boulevard and James Circle subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 5. The permit is subject to all applicable codes, ordinances, regulations and violation thereof, shall be grounds for revocation. 6. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. The building is to be.equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 1 -28 -80 -]19- 8. Smoke detectors shall be installed in all sleeping units as per Minnesota Building Code requirement. 9. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 11. Plan approval does not include approval for a live -in manager's unit as indicated on the plans; this matter is subject to an amendment to the City's Zoning Ordinance. 12. B612 curb and gutter shall be provided around all driving and parking areas. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading an ordinance amending Chapter 35 regarding a definition for transient lodging and allowing a live -in resident manager. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fianar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PROJECT STATUS OF HIGHWAY 610 BRIDGE AND HIGHWAY 252 (LYNDALE AVENUE) The Citv Pianaaer referred the Council to a memorandum concerning T.H. 610 and Highway 252. He explained the initial construction of 610 would not be a four. lane freeway but right of way would be purchased for a four lane highway. He explained the two lane initial construction would improve east -west movement. Mayor Nyquist suggested that the Council might request a meeting with local legislators. The City Manager stated that he would keep the Council informed and would forward copies of bills to the Council regarding the project and after consideration of the bills, the Council 1d` then decide what kind of, meeting might be necessary. APPROVAL OF LOCAL NO. 49 MASTER CONTRACT The City Manager referred the Council to a memorandum concerning the Local 49 Public Works bargaining unit contract for 1980 and 1981. He requested that'the Council give its approval of the master contract. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the master labor agreement between the Metropolitan Area Management Association and the International Union of Operating Engineers, Local No. 49, AFL -CIO covering the period January 1, 1980 through December 31, 1981. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. SETTING A MEETING DATE FOR THE 1980 BOARD OF EQUALIZATION The City Manager explained that in the past the Board of - Equalization meetings have been scheduled in late May or early June. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to set the 1980 Board of Equalization meeting for June 2, 1980 at 7:30 p.m. in the City Council Chambers. Votin g Y in favor: Mayor Nyquist, Councilmembers Kuefler Fignar, Lhotka, and Scott. Voting against: acne. The motion passed unanimously. 1 -28 -80 -20- COMPREHENSIVE PLAN The City Manager explained that the Comprehensive Plan with the attached memorandum which indicates modifications to be made, along with the two attached maps, have been recommended by the Planning Commission and that the staff is recommending that the Plan along with the amendments and maps be sent to surrounding communities for their review and comment. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to submit the Comprehensive Plan of the City of Brooklyn Center along with the attached memorandum from Bather, Ringrose and wolsfeld which indicates modifications to be made in the Plan with the two revised maps to neighboring communities for their review and comment. Voting in .favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:' none. The motion passed unanimously. REPORT ON INDUSTRIAL'REVENUE BOND CO1 The City Manager referred the Council to the minutes of the Industrial Revenue Bond Committee of January 9, 1980. Councilmember Scott commended the members of the Industrial Revenue Bond Committee for doing an excellent job. Mayor Nyquist posed the question of what direction the Industrial Revenue Bond Committee and.the'Council might take from here. Councilmember Scott stated that the consensus of the Committee was that the decision to approve industrial revenue bond 'proposals rested with the Council but that they recommended any project considered by the Council be evaluated in terms of the overall needs of the community. Councilmember Fignar questioned whether there was any way to build in guidelines to the industrial revenue bond program so that a project is not 100° financed by the industrial revenue bonds meaning that the company itself has some funds tied in the project. The City Manager stated that a certain percentage of the project cost may be required, as policy, to be the applicant's own money. Councilmember Kuefler commended the Industrial Revenue Bond Committee's work and effort and suggested that Council members might meet with the members of the Industrial Revenue Bond Committee. PUBLIC WORKS MAINTENANCE FACILITIES STUDY The City Manager referred the Council to a memorandum from the Director of Public Works regarding a request to hire an architect to develop a program and cost for Public Works maintenance site facilities. He explained that the staff is requesting authorization to expend $950 from the budget account for consulting services. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the staff's request to hire an architect to develop a program and cost for Public .Works maintenance site facilities. 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: BULK VEND LI CEN S E Theisen Vending Company 3804 Nicollet Ave. So. Shopper's City 3600 63rd Ave. No. 1 -28 -80 -21- CATERING VEHICLE LICENSE Brooklyn Center Community Center 6301 Shingle Creek Pkwy. CIGARETTE LICENSE Acorn Vending 8433 Center Drive Northern States Power 4501 68th Ave. No. Brookdale Ford, Inc. 2500 County Road 10 Snyder Bros.'Drug 1296 Brookdale Center FOOD ESTABLISHMENT LICENSE A1ano Society 4938 Brooklyn Blvd. American Bakeries 4215 69th Ave. No. Baskin Robbins Brookdale Shopping Ctr. Bridgeman Creameries 1272 Brookdale Center Bridgeman Creameries 6201 Brooklyn Blvd. Brook Park Baptist 4801 63rd Ave. No. Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center Baptist Church 5840 Humboldt Ave. No. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn Center Country Boy 4401 69th Ave. No. Brooklyn Center Evangelical Free Church , 6830 Quail Ave. No. .Brooklyn Center High School 6500 Humboldt Ave. No. Brooklyn Center National I Little League 2006 Brookview Dr. Brother's Brookdale Restaurant 1341 Brookdale Center Burger King 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. No. C.E.A.P. 5607 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. No. Cross of Glory Church 5940 Ewing Ave. No. Dayton's 700 On The Mall Dayton's 1100 Brookdale Center Delmark Food Processing 5320 W. 23rd St. Delmark Food Processing 1600 67th Ave. No. Donaldson's 1200 Brookdale Center Duoos Bros. American Legion 4630 4307 70th Ave. No. Earle Brown Elementary School 5900 Humboldt Ave. No. Evergreen Park Elementary School 7020 Dupont Ave. No. Garden City School 3501 65th Ave. No. Harron United Methodist Church 5452 Dupont Ave. No. Holiday Inn 1501 Freeway Blvd. Independent School Dist. #279 317 2nd Ave. N.W. Willow Lane School. 7020 Perry Ave. No. Lutheran Church of the Master 1200 69th Ave. No. McDonald's 5525 Xerxes Ave. No. ;Maid of Scandinavia Co. 3244 Raleigh Ave. Maid of Scandinavia Westbrook Mall Nature Food Center, Inc. 1 Nature Way Nature rood Center 1328 Brookdale Center Northbrook Alliance Church 6240 Aldrich Ave. No. OM Food Products, Inc. 1910 Roth St. Rocky Rococo Pan Style Pizza 1267 Brookdale Center 1 -28 -80 -22- Orchard Lane School 6201 Noble Ave. No. Peking Place 5704 Morgan Ave. No. Perkins Cake & Steak, Inc. 4917 Eden Avenue Perkins Cake & Steak 5915 John Martin Dr. Plitt Brookdale Theater 2501 County Road 10 J. C. Penney Co., Inc. 1265 Brookdale Center `.. Red Owl Country Store 5425 Xerxes Ave. No. St. Alphonsus Church 7025 Halifax Ave. No. Sears, Roebuck and Co. 7447 Skokie Blvd. Sears 1297 Brookdale Center Shopper's City 3600 63rd Ave. No. Shopper's City Bakery 3600 63rd Ave. No. F. W. Woolworth, Inc. 1212 Brookdale Center GASOLINE SERVICE STATION LICENSE Green Meadows 3319 49th Ave. No. 7- Eleven Food Stores 7841 62nd Ave. No. 7- Eleven 1500 69th Ave. No. MECHANICAL SYSTEM'S LIC Ed Lacy, Inc. 2124 W. Broadway Managed Services 7607 Washington Ave. So. Modern Heating & Air Cond. 2318 First St. N.E. Northwestern Service, Inc. 2296 Territorial Rd. NO NPERISHABLE VENDING MAC LICENSE A & J Enterprises 2367 University Ave. Bob Ryan Olds 6700 Brooklyn Blvd. Howard Bauermeister 5809 Boone Ave. No. Pizza Factory 6816 Humboldt Ave. No. Bill's Juice Vending 3900 Beard Ave. So. Holiday Inn . 1501 Freeway Blvd. Bill's Vending Service Co. 7317 W. Broadway Brooklyn Center Skelly 6245 Brooklyn Blvd. Bond Tool and Die Co. 6840 Shingle Creek Pkwy. Bonine Vending 125 River Edge Way Brookdale Towers 2810 County Rd. 10 Brookdale Covenant Church 5139 Brooklyn Blvd. Canteen Company 6300 Penn Ave.. So. Grayco 6820 Shingle Creek Pkwy., M.T.C. 6845 Shingle Creek Pkwy. N. W. Bell 6540 Shingle Creek Pkwy. Carousel Coiffures 6225 Brooklyn Blvd. Cass Screw Company 4748 France Ave. No. Chri-sty's Auto 5300 Dupont Ave. No. Consumer Vending Company 2727 26th Ave. So. Federal Lumber 4810 No. Lilac Dr. Schinder's Book Store 5717 Xerxes Ave. No. Cook Paint 4800 No. Lilac Dr. Country Club Market 5715 Morgan Ave. No. Dale Tile Company 4825 France Ave. No. Davies Water Equipment 4010 Lakebreeze Ave. No. JEM Bowl, Inc, 104 E. 60th St. Earle Brown Bowl 6440 Jame; Circle First Lrockdale State Bank 5620 Brooklyn Blvd. 1 -28 -80 -23 - Johnny's, Inc. 6846 Brooklyn Blvd. Pilgrim Cleaners 5748 Morgan Ave. No. Lance, Inc. 4917 Abbott Ave. No. Brookdale Car Wash 5500 Brooklyn Blvd. Pilgrim Cleaners 5748 Morgan Ave. No. Malmborg's, Inc. 5120 No. Lilac Dr. Midwest Bolt and Supply Co. 6820 Shingle Creek Pkwy. Midwest Screw Products 3410 48th Ave. No. Midwest Vending Company 2212 W. 94th St. Brookdale Plymouth 6121 Brooklyn Blvd. Osty's Vending Company 9321 5th St. N.E. Brooklyn Center City Hall 6301 Shingle Creek Pkwy. Plitt Brookdale Theater 2501 County Rd. 10 Precision, Inc. 3415 48th Ave. No. Ralph's Super Service 6601 Lyndale Ave. No. .Red Owl Country Store 5425 Xerxes Ave. No. Saber Dental Studio 6800 Shingle Creek Pkwy. Servomation 7490 Central Ave. N.E. Brooklyn Center Post Office 6848 Lee Ave. No. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Iten Chevrolet 6701 Brooklyn Blvd. Medtronics 6120 Earle Brown Dr. Medtronics 6700 Shingle Creek Pkwy. Onan Tech Center 6120 Earle Brown Dr. J. C. Penney's Brookdale Shopping Ctr. Theisen Vending Company 3804 Nicollet Ave. So. Bill West 2000 57th Ave. No. Twin City Vending Company 1065 E. Highway 36 Earle Brown Farm Ind. Park 6100 Summit Dr. PERISHABLE VENDING MACHINE LICENSE A & J Enterprises 2367 Uni.versity.Ave. Bob Rvan Olds 6700 Brooklyn Blvd. Apple -A -Day, Inc. Route 4, Box 18 Brooklyn Center High School 6500 Humboldt Ave. No. Bonine Vending Company 125 River Edge Way Brookdale Towers 2810 County Rd. 10 Canteen Company 6300 Penn Ave. So. Grayco, 6820 Shingle Creek Pkwy. M.T.C. 6845 Shingle Creek Pkwy. N. W. Bell 6540 Shingle Creek Pkwy. Consumer Vending Company 2727 26th Ave. So. Federal Lumber 4810 No. Lilac Dr. JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle Plitt Brookdale Theater 2501 County Rd. 10 Red Owl Country Store 5425 Xerxes Ave. No. Servomation 7490 Central Ave. 'N.E. Brooklyn Center Post Office 6848 Lee Ave. No. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Iten Chevrolet 6701 Brooklyn Blvd. Medtronics 6120 Earle Brown Dr. Medtronics 6700 Shingle Creek Pkwy. Onan Tech Center 6120 Earle Brown Dr. J. C. Penney's Brookdale Shopping Ctr. Schmitt Music 2400 Freeway Blvd. 1- 28• -80 -24- RENTAL DWELLING LICENSE Initial:' John Tschohl & James Ronay 6737 Drew Ave. No. The Ponds Partnership 5427 -5441 Ponds Dr. Clifford Jensen 1510 69th Ave. No. SIGN HANGER'S LICENSE Universal. Sign Company 1033 Thomas Ave. SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE Brooklyn Center Liquor Store #1 6800 Humboldt Ave. No. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 Northbrook Shopping Ctr. Fun Services, Inc. 3701 50th Ave. No. Health Industries, Inc. 7133 Rutherford Rd. European Health Spa 2920 County Rd. 10 Mary Shutes 5212 Kellogg Ave. Gift Shop Too 1501 Freeway Blvd. Weight Loss Medical Centers 7425 Old York Rd. Weight Loss Clinic 6040 Earle Brown Dr. TAXICAB LICENSE Town Taxi Corporation 7440 Oxford St. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Scott noted that there will be a Community Education Conference held the first week in March in Flint, Michigan. She requested that any Council members who be interested in attending contact Mr. Jim Norwi_ck. She explained that she has attended this conference in the past and found it to be a very excellent program. Councilmember Scott noted that the Conservation Commission will be requesting funds from the City for a spring clean -up program in the first part of February of this year. The Citv Manager indicated that the Citv staff is in the process of compiling a feasibility study on contracting for garbage service and will present it to the Council within the next 30 to 40 days. Councilmember Kuefler informed the Council that the Park Bond Steering Committee will be meeting this coming Wednesday evening at 7:30 p.m. in the Council Chambers. ADJOURN 4EINT There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar 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. Deputy Clerk 1 -28 -80 -25-