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HomeMy WebLinkAbout1979 05-21 CCM Regular Session -- MINUTES OF T7rr punrEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 21, 1979 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, Bill Fignar, and Celia Scott. Also present was City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Finance Paul Holmlund, Acting Director of Public Works James Noska, City Clerk Al Lindman, Building Official Will Dahn, Building Inspector Andy Alberti, Fire Marshal Linus Manderfeld, and Administrative Assistants Mary Harty and Brad Hoffman. Mayor Nyquist noted Councilmember Lhotka was out of town and would be unable to attend the meeting. INVOCATION The invocation was offered by Councilmember Kuefler. OPEN FORUM Mayor Nyquist inquired if there was anyone present who wished to address the being none the Mayor proceeded with the i as part en Forum; there of the 0 g , y Council p P rest of the meeting. RESOLUTIONS The City Manager introduced a resolution accepting bids for furnishing and installing • telephone communications system for City Hall. He noted the Council had received • copy of a table which detailed the projected ten year cost of various telephone systems bid by various companies, including the bid by Northwestern Bell on the City's original specifications and the alternate proposal they offered at a Council meeting. Additionally, the City Manager called the Council's attention to copies of a survey which the Council had received. The survey had been sent to various users of the two bidders, Hauenstein & Burmeister and Telesystems, Inc. Copies of the survey returns had been included for Council review. Reviewing the table of projected ten year costs, the City ; Manager commented Telesystems is the low bidder over a ten year period. He: stated Hauenstein & Burmeister offers a better buy out provision in their bid. The City Manager stated the staff would be satisfied with acceptance of either the Hauenstein & Burmeister bid or the Telesystems bid. Councilmember Kuefler questioned whether the Hauenstein & Burmeister contract and the Telesystems contract were basically the same. The City Manager responded both contracts were basically the same. Councilmember Fignar questioned how many surveys had been sent out and how many had been returned. The City Manager responded approximately 60 surveys had been sent out and approximately 30 surveys had been returned. Councilmember Fignar stated there were very few negative comments on the surveys which the Council had received. The City Clerk stated the Council had received all of the surveys which had been returned to the City and there were very few negative comments on the returned surveys. 5 -21 -79 -1- Councilmember Scott asked for a clarification of the Telesystem buy back. She stated it was her understanding that the Telesystem contract would allow Telesystem to buy back the original system only if the company was buying another Telesystem. The City Clerk noted that was correct. Mayor Nyquist asked for a clarification of a letter received from Telesystems regardi charges for service. The City Clerk responded if the City goes through Telesystems for any service problems, Telesystems will not charge the City. If the City calls Northwestern Bell directly, the City may be charged. The City Clerk noted it was imperative that the City always go through Telesystems to handle any service problems. Councilmember Fignar questioned whether the staff had had further contact with Mr. Barry of Northwestern Bell and whether he had provided any other information which would affect the recommendation. The City Manager stated Mr. Barry had not provided any other information which would affect the City's recommendation. The City Manager stated it was his opinion that the Hauenstein & Burmeister system or Telesystem were the best systems for the amount of money. _ Councilmember Kuefler stated he would find either the Hauenstein & Burmeister system or the Telesystem acceptable. He asked if the City Clerk had any preference for one company or the other. The City Clerk responded that he would recommend Tele- system because it was the lowest cost .system over the ten year projection and additionally, no negative comments had been received on Telesystems in the survey. Councilmember Kuefler stated it was his understanding that whatever system was bought would be adequate for the next five to ten years; therefore, the buy back provision is not significant. In response to questions about the type of equipment used, the City Clerk explained the Hauenstein & Burmeister system uses Seamans equipment and the Telesystem uses Oki equipment, both of which are reputable. In discussion of the resolution, Councilmember Fignar asked for a clarification of whether or not Northwestern Bell could sell their equipment under the Public Service Commission's present regulations. Councilmember Kuefler: responded it is encumbent on the utility company to apply to the Public Service Commission to sell equipment. Northwestern Bell has not applied to sell equipment. The Public Service Commission will not automatically rule that Northwestern Bell can sell equipment, rather, Northwestern Bell must be the initiator of that action if they wish to sell their equipment Councilmember Fignar asked what the approximate savings per month would be. The City Clerk responded there would be an approximate $1,000 a month savings *.with acceptance of a low bid. RESOLUTION -,NO. 79 -115 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE BIDS FOR FURNISHING AND INSTALLING A TELEPHONE COMMUNICATION SYSTEM FOR CITY HALL 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, and Celia Scott; and the following voted again the same: Bill Fignar, whereupon said resolution was declared duly passed and adopte . 5 -21 -79 --2- RESOLUTION NO. 79 -116 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. VERN VELASCO The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -117 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. JOAN SKOMRA The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -118 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED BRIDGE IMPROVEMENT PROJECT NO. NO. 1978 -6, STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -45, CURB AND GUTTER AND SIDEWALK IMPROVEMENT PROJECT NO. '1978 -46, STORM SEWER IMPROVEMENT PROJECT NO. 1979 -5, AND STREET IMPROVEMENT PROJECT NO. 1979 -6 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager noted public hearings on the projects are scheduled to be held on June r1, 1979, at 8:00 p.m. He explained the projects comprehend the construc- tion of Shingle Creek Parkway from 65th Avenue to 69th .Avenue and include their approach to bridge 4279101 Shingle Creek Parkway over FI 94. The City Manager introduced a resolution approving the Minnesota Department of Transportation plans and specifications for construction of bridge fill at the intersection of FI 94 and T.H. 100 He explained the project constitutes the first phase of construction of bridges at FI 94 and T.H. 100. The project has a scheduled June 8 letting date. It is anticipated that placement of the fill material at this intersection will follow shortly the contract letting. Actual construction of the bridges will not commence until 1980. RESOLUTION NO. 79 -119 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION PLANS AND SPECIFICATIONS FOR GRADING AND CONCRETE SURFACING OF FI 94 - STATE PROJECT 2781 -54 (94 =392) 5- 21-79 -3- 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, 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 recommending alternatives for T.H. 169 I and T.H. 610 environmental impact statement and location - design study. He stated in accordance with the City Council meetings of April 30 and May 14, 1979, it is recommended the freeway alternatives for T.H. 169 and the alternatives connecting T.H. 610 to West River Road be eliminated from further study in the environmental impact statement. He explained this resolution is being forwarded as a joint resolution among the Cities of Champlin, Brooklyn Center, and Brooklyn Park. He stated the resolution thus far has been passed by the City of Brooklyn Park. RESOLUTION NO. 79 -120 Member Bill Fignar introduced the following' resolution and moved its adoption: RESOLUTION RECOMMENDING ALTERNATIVES FOR THE T.H. 169 AND T.H. 610 ENVIRONMENTAL IMPACT STATEMENT AND LOCATION - DESIGN STUDY 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, 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 Social Hall vestibule entryway and new conference room entryway. He recommended the bid of Minneapolis Glass Company in the amount of $2,330 be accepted. RESOLUTION NO.' 79 -121 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SOCIAL HALL VESTIBULE ENTRYWAY AND NEW CONFERENCE ROOM ENTRYWAY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS The City Manager introduced a discussion of a sign ordinance stating there was a- question as to whether or not the sign ordinance as it relates to rummage sale signs needed amending. He explained when the ordinance was originally passed, many complaints had been received from people living on major thoroughfares about other people placing signs on private property especially corner property. He explained there was presently misunderstanding as to what is actually meant by the ordinance. He explained the current ordinance restricts signery to the premises on which the sale is held. He noted it had been suggested that signs should be allowed on private property with the permission of the owner of the property. He stated he felt the ordinance should continue to restrict signs from commercial and industrial property as well as utility poles and public right -of -way. >, - 5 -21 -79 -4- A brief discussion ensued amongst Council members as to what the original intent of the ordinance was, upon passage. Councilmember Kuefler and Councilmember Fignar stated it was their understanding, at the time of passage, that signs could be allowed in other people's yards by permission of the owner. Councilmember Scott stated words which would reflect that intent had been forwarded to the Council by the Planning Commission but the Council had changed the wording at the time of the ordinance passage. It was the consensus of the Council, reflected in their discussion, that the Council wished to allow signs on private property with the permission of the owner but signs should be prohibited from commercial and industrial property, utility poles and public right -of -way. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to direct the City Manager to prepare an ordinance amendment which would limit rummage sale signs to the actual premises upon which the sale is held and also allow signery on private property with the permission of the owner. The amended ordinance should continue to prohibit rummage sale signery from commercial, industrial property, utility poles and public right -of -way. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced a discussion item of approval of payment for the replat- ting of City owned property in conjunction with the Lynbrook Bowl plat. He stated the land surveying firm currently producing the plat for the Lynbrook Bowl Addition has indicated that for a nominal fee the company will include into said plat the City owned parcel at the corner of 65th Avenue and North Lilac Drive. He explained that if the City wished to sell that parcel in the future, platting of the parcel into this plat will facilitate that sale. He stated a motion authorizing payment is needed. He stated the approximate cost would be $500. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to authorize payment for the platting of City owned property in conjunction with the Lynbrook Bowl P g Y Yq lat. Voting in favor: Mayor N uist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. LICENSES There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLIS?W`ENT LICENSE Winchell's Donut House 9201 Penn Ave. So. Winchell's Donut House 57th & Morgan Ave. No. GASOLINE SERVICE STATION LICENSE Davies Water Equipment 4010 Lakebreeze Ave. No. RENTAL DWELLING LICENSE Initial: Roland Scherber 5243 Ewing Ave. No. 5 -21 -79 -5- Renewal: Robert Huber 3613 47th Ave, No. Donald E. Sobania 3701 47th Ave. No. ' Norman Chazin 6037 Brooklyn Blvd. Henry & Juanita Holm 5206 Drew Ave. No. Thomas B. Egan 5239,41 Drew Ave. No. Roland Scherber 4714 Lakeview Ave. No. TEMPORARY ON -SALE NONINTOXICATING LI UOR LICENSE Brooklyn Center Jaycees 5918 Halifax Ave. No. (Early Bird Days) Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced the next item, appointment of a Director of Public Works. The City Manager noted he was offering Mr. Sylvester Knapp for Council confirmation as the Director of Public Works for the City of Brooklyn Center. He explained that since 1964, Mr. Knapp has been City Engineer /Director of Public Works of the City of St. Cloud, Minnesota. The City Manager explained, if appointed, Mr. Knapp would begin in late June or early July. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the appointment of Mr. Sylvester Knapp as the Director of Public Works for the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. RECESS The City Council recessed at 7:45 p.m. to 8:00 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 79021 submitted by James Speckman for preliminary plat approval to combine two contiguous parcels at 5637 Brooklyn Boulevard. He noted the Planning Commission recommended approval at the May 10, 1979 Planning Commission meeting. Mayor Nyquist uist asked the Mayor pro tem to preside during consideration of Application_ No. 79021 because he has an interest in the application. The Director of Planning and Inspection reviewed Application No. 79021 which was a request for preliminary plat approval to combine into a common lot the property at 5637 Brooklyn Boulevard an approximate 28' x 165' parcel adjacent to Northport Drive presently a part of the Library Terrace Addition. Noting the survey submitted by the applicant includes only the old slaughterhouse property and the 28' x 165' sliver of land to the west, the Director of Planning and Inspection explained that approval of the plat would create metes and bounds description for the Library Terrace Addition which is contrary to City policy. He explained that when property is split from platted property and is combined with another parcel, all of the affected property is required to be platted thus eliminating potential metes and bounds descriptions. He recommended that either the Library Terrace Addition be included in this plat or that a separate preliminary plat for th e library property y be submitted prior to the final plat approval. Approval of the plat as presently constituted should be openly acknowledged as a departure from City policy. 5 -21 -79 -6- In discussion of Application No. 79021, Councilmember Kuefler stated that condition number 3 in the recommended Planning Commission conditions, as he understood, would eliminate the metes and bounds description. The Director of Planning and Inspec- tion stated that was correct. The Mayor pro tern opened the meeting for purposes of a public hearing on Planning Commission Application No. 79021. There was no one to speak on the application other than the applicant. The applicant, Mr. James Speckman, stated proceeding on this platting had been difficult because this particular piece of land is in a state of flux. He stated Statute requires Brooklyn Properties (Speckman) to plat their property before proceeding but no Statute authorizes Brooklyn Properties to replat property which does not belong to them. He did indicate that adjoining properties have indicated an intent to replat. Mr. Speckman stated he was unsure of how the County was going to proceed in dealing with their property. Mr. Speckman again stated he did not know what will happen in the future to the Library Terrace Addition, what it might be used for. In discussion of this dilemma, the Council questioned whether there would be a problem with going ahead with approval of the preliminary plat when part of the property is in a state of flux. As a clarification, the City Attorney explained as part of the site and building plan approval, platting is required. If part of the property included in the preliminary plat is not actually owned, the final plat cannot be approved until that piece of property is dealt with. Any necessary changes must be incorporated in the final plat before the final plat can be approved. Mr. Speckman stated again it was very difficult to get a timetable from the County. He stated it was very difficult to get a commitment from the County as to what will be done with the piece of land. The City Attorney stated the preliminary plat can be approved as is but the final plat could not be approved until the County acts on that piece of land. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to close the public hearing. Voting in favor: Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed. Mayor Nyquist abstained because of his interest in the property. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to recommend approval of Planning Commission Application No. 79021 for preliminary plat submitted by James Speckman subject to the following conditions: 1. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. 3. Prior to final plat, the plat shall either be revised to include the Library Terrace Addition or a separate preliminary plat for the library property shall be submitted. Voting in favor: Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed. Mayor Nyquist abstained. The City Manager introduced Application No. 79022 submitted New Horizon Day Care Center for a special use permit to operate a licensed day care center in Berean Evangelical Free Church at 6625 Humboldt Avenue North. He noted the Planning Commission recommended approval at the May 10, 1979 Planning Commission meeting. 5 -21 -79 -7- The Director of Planning and Inspection noted the property in question is zoned R -1 and the child care and nursery school facilities are allowed through a special use permit in that zoning district. He explained the property had previously been used for educational purposes by Faith Academy which operated a parochial school for up to 75 students ranging from kindergarten to ninth grade. The Director of Planning and Inspection reviewed a letter of application submitted by the applicant in which it was indicated that the hours of operation would be from 6:30 a.m. to 6:00 p.m., Monday through Friday. The center would provide care and Instruction to children in age groups from 16 months to 7 years. Latch key care (before and after school) would be provided for the first graders. The Director of Planning and Inspection reported that the City has received confirmation from the Minnesota Department of Public Welfare that the facility is licensable for day care for approximately 60 to 75 children, ages 16 month to seven years. He explained the City Sanitarian has indicated that certain improvements must be made to the facilities before the approval can be granted, and that the Building Inspector and Fire Inspector found no problems in review of the premises. Mayor Nyquist opened the meeting for purposes of a public hearing on Application No. one other than the 79022. There was no 0 o applicant to speak on the application. Councilmember Kuefler asked the applicant, Susan Dunkley, about other facilities which she operated. She explained she presently operated a nursery school at Lutheran Church of the Master. Councilmember Kuefler questioned whether Faith Academy School operated the Academy at Berean Evangelical any longer. The Director of Planning and Inspection explained Faith Academy no longer was in operation at Berean Evangelical. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Application No. 79022. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Application No. 79022 for a special use permit to be issued to Susan Dunkley to operate a New Horizon Day Care Center at the Berean Evangelical Church subject to the following conditions: I. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. A copy of the current operating license shall be kept on file with the City. 4. Approval by the City Sanitarian of all cooking, eating, and washing facilities shall be granted prior to the issuance of the permit. 5. The number of students at any given time shall be limited to 75. 6. The hours of operation shall be 6:30 a.m. to 6:00 p.m., Monday through Friday. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. 5 -21 -79 -$- Voting against: none. The motion passed unanimously. Councilmember Scott also stated she wished to compliment Susan Dunkley on her professional operation of quality centers. The City Manager introduced Planning Commission Application No. 79026 submitted by James F. Warren for a special use permit for an animal hospital to be located at 413 66th Avenue North (the former 7 -11 store). The Planning Commission recom- mended approval at the May 10, 1979 Planning Commission meeting. The Director of Planning and Inspection explained that the site is zoned C -2 and is surrounded by other commercially zoned property. Animal hospitals are permitted special uses within the C -2 zoning district. He briefly reviewed the letter sub - mitted by the applicant outlining the type of care contemplated, hours of operation, and methods of dealing with health, noise and odor concerns. He stated a small kennel area inside the hospital would be maintained for overnight hospitalization of animals needing surgery and for no other purpose. The hours of operation would be from 9:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 12:00 p.m. on Saturday. The Director of Planning and Inspection noted he had received a call from Mr. Keith Harsted who was the owner of the building, stating he was vehemently opposed to the approval of Application No. 79026 but was unable to attend the Council meeting. He explained that Southland Corporation has a long term lease on the building but the area has been envisioned as a food operation. Mr. Harsted indicated he felt the animal hospital would not be in the best interest of the property. The Director of Planning and Inspection stated the applicant has been in contact with the beauty salon next to the property and the applicant indicates the owner of the beauty salon is not opposed to the animal hospital. Councilmember Kuefler stated as he understood it, the applicant was working with 7 -11 and not with the owner of the building. The Director of Planning and Inspec- tion noted that was correct. Councilmember Fignar stated it was his understanding the applicant is proposing to deal with sick animals rather than be involved in dog grooming. The Director of Planning and Inspection stated that was correct. Mayor Nygiist opened the meeting for the purposes of a public hearing on Applica- tion No. 79026. The -Mayor recognized Mr. John Anderson of Realty World, tenants in the same building. Mr. Anderson stated he was concerned with noise and odors. He stated it was his understanding the heating and cooling system was a common system and some remodeling of the heating and cooling system would be necessary if an animal hospital use was brought into the building. He stated the concern of Realty World was with the sound and smell and if those problems could be taken care of, he was not in opposition to the animal hospital. The applicant, Mr. James F. Warren, stated the heating and air conditioning system were separate. He explained accomodations would be made to include a negative pressure on the side of the building where the animal hospital was and, therefore, the smells would be pumped out. He also stated he intended to soundproof the common wall. He further added that the noisy aspects of the. clinic will be opposite from the other tenants and will not cause a noise problem. In response to comments read by the Director of Planning and Inspection from Mr. Harsted, Mr. James Warren stated he had originally dealt with Mr. Harsted. Mr. James Warren stated Mr. Harsted had initially taken him around to various remodeled 7 -11 stores and offered several different locations. As discussions proceeded, 5 -21 -79 -9- Mr. Harsted changed his mind. Mr. James Warren stated he felt Mr. Harsted does not want anyone in there because he wants the 7 -11 company to be pushed to the. point of having to tear up the lease. In response to questions from the Council, Mr. Warren stated his hours of operation would be 9:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 12:00 p.m., on Saturday. In response to questions from Mayor Nyquist, the applicant stated that overnight lodging of animals would occur only when surgery was involved. cooling system, , In response to questions from the Council regarding the heating and ca g y P q g the :Building Official stated the heating and cooling was set up for two separate units. Additionally, there was a wall separating the two and it was a load bearing, fire separation wall. He stated the 7 -11 store has its own heating and cooling system. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Application No. 79026. Voting in favor: - Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. In further discussion of the application, the Council questioned whether or not this special use permit can be revoked. The Director of Planning and Inspection noted the special use permit is reviewed administratively on an annual basis. If problems arise, the special use permit can be brought back to the Council for their .review. The City Attorney stated special use permits can be revoked due to noncompliance with the conditions of approval of the special use permit. He stated it would be in the best interest of the Council to include a condition concerning noise and odor. It was the consensus of the Council that the City Manager should draw up a condition number 6 which would speak to the potential noise and odor problems. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve a special use permit to James F. Warren for the operation of an animal hospital subject to the following conditions: I. The special use permit is` issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations including any special licensing requirements, and violation thereof shall be grounds for revocation. 3. A current copy of the applicant's license shall be kept on file with the City. 4. No boarding of animals shall be allowed except in conjunction with hospitalization. 5. The normal hours of operation shall be from 9:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 12:00 p.m. on Saturday. 6. The applicant shall control noise and odor emanating from the premises in such a_manner as to not cause an undue nuisance to adjoining tenants. Voting in favor: Mayor Nyquist, Counc_ilmembers Kuefler, Fignar, and Scott. 5 -21 -79 -10- Voting against: none. The motion passed unanimously. The City Manager introduced Planning Commission Application No. 79027 submitted by Northbrook Alliance Church for preliminary plat to combine an approximate 50' x 114' parcel with Lot 1, Block 1, J. R. Murphy Addition to create a buildable lot in the 6200 block of Bryant Avenue North. He noted the Planning Commission recommended approval at the May 10, 1979 meeting. Mayor Nyquist asked the Mayor pro tem to handle consideration of Application No. 79027 because he was legal counsel for the applicant. The Director of Planning and Inspection noted the parcel was located westerly of Bryant Avenue and North Lilac Drive. He explained the existing lot, part of the J. R. Murphy Addition is substandard and, therefore, a combination is called for. He stated the applicant's survey indicates that there currently is 5' drainage and utility easement running along the easterly edge of the J. R. Murphy Addition.' The applicant is requesting that this easement be vacated and a new drainage and utility easement be established on the easterly edge of the combined lots that would coincide R. Murphy 2nd Addition. The Director of n already existing along J. p y with a g g y Planning and Inspection further noted that the requirement o f a 50' setback off a major thoroughfare would also apply to the lot in question. He stated this require - ment would not make the lot unbuildable. The Director of Planning and Inspection noted the Superintendent of Engineering had indicated that the City has no utilities in the easement area and the Superintendent of Engineering was checking with utility- companies to see that the area is clear for construction. The Mayor pro tem opened the meeting for the purposes of a public hearing on Application No. 79027. There was no one to speak on the application. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to close the public hearing on Application No. 79027. Voting in favor: Councilmembers Kuefler, Fignar, and Lhotka, Voting against: none. The motion passed. Mayor Nyquist abstained. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the preliminary plat for Lot 1, Block 1, J. R. Murphy Addition subject to the following conditions: I. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. 3. The applicant shall request formal vacation of a utility easement prior to final plat approval. 4. The final plat shall be approved prior to the issuance of any occupancy permits to use the property for single family residential purposes. Voting in favor: Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed. Mayor Nyquist abstained. CONSIDERATION OF RENTAL DWELLING LICENSE FOR BROOKDALE TEN The City Manager explained the Council had indicated at the April 30, 1979 Special Study Meeting that they wished to place a consideration of the rental dwelling license for Brookdale Ten on the agenda for an upcoming meeting. The City Manager noted Mr. Rozman had been notified as to the consideration of this item at this meeting and was in attendance at the meeting. The City Manager called the Council's attention to a list of violations prepared by the Building Inspector. 5 -21 -79 -11- Councilmember Scott asked for cl- arification of the number of present violations as indicated on the memorandum. The Building Inspector stated there were 132 violations. Councilmember Kuefler asked Mr. Rozman to respond to certain comments he was about to make. Councilmember Kuefler stated that at the time of the last consideration of the license, the Council had attempted to work cooperatively with Mr. Rozman. At that time Mr. Rozman had stated he was attempting to put the place in order but there were so many things to be done that it was necessary to prioritize repairs that should be made first. Councilmember Kuefler stated the Council was under- standing at that time and wished to work cooperatively with Mr. Rozman and so asked Mr. Rozman to prepare a list of priorities and a time schedule for the completion. At that time Mr. Rozman turned into the Council a list of priorities for fall 1978 and winter 78 -79, spring 1979 and summer 1979. Councilmember Kuefler stated based on the memos received, it does not appear that Mr. Rozman has met his end of the bargain. Mr. Rozman stated he had taken care of much of the work as indicated in his priority schedules presented to the Council at the last consideration of the license. He stated further that he did not feel the City was following its -- own -- -_ -- ordinances in dealing with Mr. Rozman. He stated he does not feel the Building Inspectors have dealt cooperatively with him. Councilmember Kuefler again asked Mr. Rozman what he had done according to the list. Mr. Rozman gave Councilmember Kuefler a list of completed tasks. The City Manager stated at the April 30 Special Study Meeting, it had been noted that in the fall 1978 schedule items 1, 3, 4 and 7 had not been corrected. As of that same meeting, in the winter 1979 schedule items 1 through 11 had not been corrected. In the spring 1979 schedule, no visible work had begun. Mr. Rozman stated he questioned the qualifications of the Building Inspectors. He' stated he did not feel they were qualified to inspect his property. He stated they had not been plumbers, electricians, etc. and, therefore, were not qualified to inspect his property. The City Manager stated both Building Inspectors are qualified. Mayor Nyquist stated the integrity and qualifications of the inspectors was not the issue, the issue is a question of the violations at Brookdale Ten. Councilmember Scott questioned why the refrigerators had not been taken care of. Mr. Rozman stated the refrigerators were kept in a storage area and it was safe. He stated if the City had come to him and asked him to remove the refrigerators he would have cooperated. He stated instead, the City had issued a ticket. He further stated the refrigerators did not have latches on them. The Building Inspector stated the refrigerators did have latches on them. Mr. Rozman stated he wanted the City to notify him before the inspectors entered the premises. Mr. Rozman again questioned the integrity and qualifications of the inspectors stating that the inspectors had missed some faulty electrical wiring, thereby causing near injury to Mr. Healy. The City Manager stated the building inspectors were not responsible for electrical inspections, those being taken care of by Mr. Eichmiller. Mr. Rozman stated he had taken out an electrical permit for the faulty work and the City inspector had missed the a y wirin g• There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to table action on the license for Brookdale Ten until the June 11, 1979 Council meeting in order to get additional information. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. 5 -21 -79 -12- Mr. Rozman again stated the City had not cooperated with him and had not contacted him. The City Manager stated Mr. Rozman had asked the City to contact the resident manager over any matters which needed to be taken care of. The City had contacted the resident manager. ADJOURNMENT Motion by Councilmember Fignar and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:30 p.m. Clerk May D 5 -21 -79 -13-