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HomeMy WebLinkAbout1979 07-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 9, 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, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, and Administrative Assistant Mary Harty. INVOCATION The invocation was offered by Pastor Glad of Harron United Methodist Church. APPROVAL OF MINUTES - JUNE 25, 1979 There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the minutes of the June 25, 1979 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. Councilmember Scott abstained from voting because she was absent from the June 25, 1979 City Council meeting. OPEN FORUM Mayor Nyquist opened the meeting for the purpose of the Open Forum session. Mayor Nyquist recognized Mr. Ed Dilley, 6845 York Place, who stated he was representing the eight families who owned Earle Brown Patio Townhouses. He stated he was concerned because the remainder of the homes had not been devel- oped ' He asked the City Manager to review the earlier Planning Commission applications concerning the Earle Brown Patio Townhouses and inform the current residents what requirements had to be met. The City Manager commented the homeowner's association for Earle Brown Patio Townhouses was in a state of limbo because the association was not actually activated until the homes were either 40 or 60 per cent occupied. The Director of Planning and Inspection commented BCIP was currently doing research on the question of ownership of Earle Brown Patio Townhouses. Only eight of the thirty townhouses is currently developed and there has been no work on the area for an extended period of time. Many of the common site projects have not been completed. The City Manager stated the staff could research the original 'approval and provide information to the residents. Mr. Dilley explained the area was currently in need of road work but for the eight residents to assume the total cost would be prohibitive. Councilmember Kuefler questioned whether the performance bond held for that property could be applied to the undeveloped areas. The City Manager explained the performance bond does not extend to all of the areas in question particu- larly such items as road maintenance. 7 -9 -79 -1- As a point of clarification, Councilmember Fignar questioned whether the roadway mentioned by Mr. Dilley was a public or a private roadway. The Director of Plannin g and Inspection explained that the roadway was private. Councilmember Fignar stated he understood from Mr. Dilley's comments that if the thirty units were developed, improvements would be feasible, whereas, with only eight units developed, improvements were not possible because of a pro - hibitive cost. The City Manager stated staff would review the earlier Planning Commission applications concerning Earle.Brown Patio Townhouses and also research the ownership question and provide information to the residents on the status of the homes. PERFORMANCE BOND RELEASES The City Manager called the Council's attention to a memorandum from the office of Planning and Inspection concerning performance bond releases for Sheehy Properties - the Ground Round Restaurant located at 2545 County Road 10 and Gabbert & Beck - Westbrook Mall Shopping Center located at 5717 Xerxes Avenue North. Concerning the Ground Round Restaurant, the Director of Planning and Inspection commented all site work had been completed in accordance with the revised landscape plan approved by the Planning Commission on August 10, 1978. He recommended total release of the bond. Concerning Westbrook Mall Shopping Center, the Director of Planning and Inspection commented all site improve- ments have been completed in accordance with a revised landscape plan reviewed and approved by the Planning Commission on November 2, 1978. He recommended total release of the bond. Councilmember Kuefler questioned whether the performance bond covered work on the inside of the Ground Round Restaurant. In particular he was referring to problems which had been brought to the attention to the Council concerning the restrooms at the Ground Round` Restaurant. The Director of Planning and Inspec- tion responded the problem with the restrooms had been taken care of. Some vandalism had occurred at the Ground Round but since that_ time the.Ground Round has hired bouncers who seem to have been able to prevent that problem from occurring again. The City Manager stated there had also been a problem with lighting. The Ground Round and the Plitt Theater had used joint lighting but the lighting was being turned off while the Ground Round was still open. The City Manager noted this problem had also been taken care of. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve release of the performance bond for Sheehy Properties - the Ground Round Restaurant located at 2545 County Road 10 and Gabbert & Beck - Westbrook Mall Shopping Center located at 5717 Xerxes Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against; none. The motion passed unanimou$ly. RESOLUTIONS The City Manager introduced a resolution designating the Conservation Commission as the Reforestation Advisory Committee for the City of Brooklyn Center. He explained legislation requires that each municipality appoint up to seven residents or designate an existing municipal board or committee to serve as an advisory committee to the municipality on the Municipal Reforestation Program. He noted this committee would be asked to review the program on an annual basis. He stated the City of Brooklyn Center has already gone through a great 7 -9 -79 -2- deal of planning concerning sanitation and reforestation. According to the amendments made in 1979, the sanitation and reforestation grant programs have been combined into one grant program. He explained all eligible municipal sanitation and reforestation expenses will be reimbursed at one rate. He stated this gives communities more flexibility because various communities are at different stages in their sanitation and reforestation programs. RESOLUTION NO. 79 -155 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE CONSERVATION COMMISSION AS THE REFORESTATION ADVISORY COMMITTEE FOR 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 accepting work for Water Tower Maintenance Contract No. 1978 -G. He explained the Schumann Brothers, Inc. had satisfactorily completed the painting and repair work for water towers #1 and #2. Councilmember Lhotka questioned point 2b of the resolution which referred to the substitution of an alternate painting system more resistant to defacement on a lower portion of the legs and appurtenances of both water towers. The City Manager responded a special paint was used on the lower portion of the water tower because the special paint allows for cleaning of graffiti. The City Manager explained the ladders had also been moved and as a result of these actions, the water towers had not been defaced. RESOLUTION NO. 79 -156 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -G (CONTRACTED BY CITY) 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 pasEied and adopted. The City Manager introduced a resolution accepting work for Contract 1979 -A. He explained Continental Custom Bridge, Inc. had satisfactorily completed the work of fabricating and delivering three pedestrian bridges for Central Park and Shingle Creek Trailwa . He further explained the bridges were made g Y of Core 10 material. Councilmember Kuefler questioned whether they would be installed by City crews. The City Manager explained some of the work would be done by City crews and some would be done under contract. RESOLUTION NO. 79 -157 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1979 -A (CONTRACTED BY CITY) .7 -9 -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, 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 quotations for the purchase of 7,000 gallons of #2 diesel fuel. He recommended the quotation of Union Oil Company in the amount of $4,291 be accepted. RESOLUTION NO. 79 -158 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 7,000 GALLONS DIESEL FUEL 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. ORDINANCES The City Manager introduced an ordinance amending Chpater 34 and Chapter 35 of the City Ordinances regarding rummage sale signs. He explained the ordinance was first read on June 11, 1979, published on June 21, 1979 and was presented at this time for a second reading. The City Manager stated the ordinance had been reviewed on two other occasions and he believed the intent of Council had been met with this ordinance. Councilmember Lhotka questioned whether real estate signs were regulated by ordinance. The Director of Planning and Inspection responded real estate signs were basically under the same requirements as rummage sale signs. He stated the concern may focus on the Sunday afternoon open house signs. Councilmember Fignar commented he thought the real estate signs may be exempt from the restrictions of the ordinance because the signs do provide continuity in size and style and are removed the day after the open house. The City does not find them on utility poles and again they are removed immediately after the open house. The City Manager said there appears to be a question whether or not the signs are exempt and asked the Council if they wished to make a clarification of the meanings. He further commented those City employees who generally enforce the sign ordinance, the inspectors, work weekdays rather than weekends and so the real estate signs are left alone. Councilmember Kuefler recommended that real estate signs be disincluded from the interpretation of the rummage sale sign ordinance. He stated the signs do not appear to be a problem. It was the consensus of the Council that they did not find the real estate signs a problem and do not wish the ordinance to be interpreted to include real estate signs. ORDINANCE NO. 79 -11 Member Bill Fignar introduced the following ordinance and moved its adoption AN ORDINANCE AMENDING CHAPTER 34 AND CHAPTER 35 OF THE CITY ORDINANCES REGARDING RUMMAGE SALE SIGNS 7 -9 -79 -4- The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted An 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. DISCUSSION ITEMS The City Manager introduced a discussion on an energy savings proposal. He referred the Council to a memorandum prepared for the City Council concerning departmental energy audits. He explained individual operating departments of the City which were considered to be energy intensive were asked to review their usage of such fuels as gasoline, diesel motor and heating fuel. The review was conducted to analyze the present usage of resources and see if there are any actions which could be taken by the City to conserve on use. He noted currently our supplier has reduced the supply to the City to 75% of its former allocation. He stated departments have been asked to do an energy audit with a look towards reducing long term costs. The Public Works Department, Govern - ment Buildings Department and Police Department use the majority of all the fuel supply of the City. He explained the Public Works Department reviewed its equipment use and found that in terms of gasoline usage, their policy in last year's Budget of ordering smaller pick up trucks for supervisors will have the greatest impact in terms of savings on gasoline, as these vehicles by far put on more mileage than any other equipment. He stated there is a problem with reducing the size of the larger vehicles needed for snow plowing and hauling because the smaller equip - ment cannot handle the job. In reviewing.the Government Buildings Department which is responsible for heating oil and the heating of the various municipal buildings, the City has received notice from the City's gas supplier, Minnegasco, that the City should have a 30 day supply of heating oil on hand because the gas supply to City Hall and some other municipal buildings is interruptible during the peak heating periods. Based on this information, the City Manager recommended that the City install an additional 10,000 gallon heating oil tank at the Civic Center complex to give the additional heating oil storage capacity. The estimated price of installing and purchasing such a tank is between five and six thousand dollars. The City Manager explained this recommendation has been reviewed with the firm doing the energy audit of the Civic Center complex and other municipal buildings and the firm concurs with the recommendation because the supply of heating fuel will be most sensitive for this foreseeable future. The City Manager further explained that the Police Department is the largest gasoline user in the City. The bulk of this usage is by the six * marked patrol cars. He explained the City is currently driving a compact Nova Police Sedan with a 350 cubic inch V8 engine which averages between nine and ten miles per gallon over the full year. The major improvement needed to make a savings in this area would be to go to a vehicle which would provide the City with better gas mileage. The Police Department has reviewed a number of types of potential police vehicles and found that the new General Motors front wheel drive vehicles with V6 engines offer an opportunity to get an improvement of approximately five miles per gallon in squad cars. These model vehicles will offer similar inside room as the present vehicles being used for squad cars and will have sufficient room in the trunks to handle the various equipment needed to be carried by a squad car. 7 -9 -79 -5- In summation, the City Manager stated to implement out purchase l f r additional heating oil storage and the purchase of squad cars sharing funds, it would be necessary for the City Council to set a date for a special hearing for the expenditure of revenue sharing funds. He also recommended that the Council authorize the City to go out on bids for the purchase and installation of the heating oil facility and the new squad cars concurrently so that at the time of the public hearing the City would have accurate cost figures. He explained generally speaking, the City would handle such items as a part of consideration of the 1980 Budget, however, with regard to the heating oil storage situation a consideration through a normal 1980 Budget hearing would carry the City to a point where it might be impossible to get the equipment installed in time to use it during the 1979 -80 heating. With regard to the squad cars, the delivery of the vehicles would itake e t they four and six months. If the.City were to order the vehicles, would be delivered in early 1980. In response to questions from the Council, the Director of Finance explained the federal revenue sharing funds in question entitlement but part of the 1980 Budget. In response to questions from the Council, the City Manager responded the vehicle under consideration was the Citation typa aThat particular vehicle has adequate trunk space to be used as a squad fuel economy because of the lighter vehicle front wheel design. Councilmember Lhotka questioned how many cars would be purchased under this proposal. The City Manager responded six vehicle e stated s would the d would be the vehicles presently owned would be traded no increase in total number of vehicles as a part of this proposal. He further explained the cars would go directly into use as patrol cars rather than being used initially by.staff. Councilmember Lhotka questioned whether the vehicles would be sufficient as squad cars. The City Manager stated he believed they would be sufficient. He stated the cars had adequate acceleration and good handling. Councilmember Lhotka questioned whether other police departments had used this smaller type of vehicle. The City Manager explained no other departments were currently using this smaller vehicle but it was anticipated that other departments might use them in the future. Mayor Nyquist asked for a clarification of the cost. The City Manager stated he anticipated a cost of approximately $40,000 for the six vehicles. In response to questions from the Council, the City Manager explained the resale value on the present cars would be approximately $6,000 to $12,000. He y is three to five years. explained the general life of a car for the Cit } Councilmember Kuef ler asked the City Manager to investigate the use of firm gas as opposed. to interruptible gas for the City. The City Manager stated it appears that firm gas is not available to the City but he would research that further. Councilmember Fignar questioned the use of liquid liquid propane gas. The City Manager stated those would be more expensive. 7 -9 -79 _6- There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to set a public hearing date for August 13 for the expenditure of revenue sharing funds to implement the purchase of the additional heating oil storage and the purchase of the squad cars as discussed: Voting in favor:. Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the City Manager to go out on bids for the purchase and installa- • tion of the heating oil facility and the new squad cars concurrently so that at the time of the public hearing the City would have accurate cost figures. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 79023 submitted by Brooklyn Center Industrial Park for a rezoning from R -3 to I -1 of 7.84 acres of a 20.28 acre site located westerly of Shingle Creek Parkway and Xerxes Avenue North. Application No. 79023 was recommended for denial at the June 28, 1979 Planning Commission meeting. Under the current request, the Director of Planning and Inspection stated the remaining 122 acres of the 20 acre site would remain R -3 for development of up to 100 townhouse units. The Director of Planning and Inspection noted the application was tabled at the May 10, 1979 meeting and referred to the northwest neighborhood advisory group for review and comment. He explained Commissioner Theis had attended the meeting of the neighborhood group and had submitted minutes for the proceedings. The Director of Planning and Inspection reported that the consensus of opinion of those who attended was that the corner of Xerxes Avenue North and Shingle Creek Parkway would not be suitable for residenital development. He also stated that there was a general concern expressed that the townhouses constructed not be subsidized with federal money. The Director of Planning and Inspection stated the Planning staff is at a loss to see the merits for the neighborhood, the City or even an applicant of an I -1 zoning. He indicated that while a residential use at the corner of Xerxes Avenue North and Shingle Creek Parkway may be less than optimal, an industrial use presents even fewer advantages. The applicant argues without tangible support, that the development of the 7.84 acres in question for industrial use will somehow guarantee a quality owner occupied townhouse development on the rest of Outlot E; however, logic would suggest that an industrial develop - ment bringing truck traffic and possibly other annoyances would make the sale of townhouses more difficult and increase the likelihood of a less desirable residential development. The Director of Planning and Inspection questioned whether land at issue would support the use for which it would be zoned. He pointed out that of the 7.84 acres proposed for rezoning to I -1, over 4 acres would be devoted to a land- scape buffer area with underground sprinkling system. This is based on a 100 foot buffer between I -1 and R -3 uses and a 50 foot setback off major thorougfares, Xerxes Avenue North and Shingle Creek Parkway. Based on these constraints, the site is only able to accommodate one 45,000 square foot industrial building. The Director of Planning and Inspection also stated the proposal seems premature at this time. He noted that there is more undeveloped I -1 land than R -3 land in the City at present and that the demand for townhouses is growing. 7 -9 -79 -7- He proposed the possibility of using a less intense use such as a C -1 on the eastern 7.84 acres, which if accompanied by a specific development proposal, would offer maximum protection for a neighborhood,. The Director of Planning and Inspection concluded that the requested I -1 zoning should be denied because the proposal was not consistent with the ordinance rezoning evaluation and review guidelines. Councilmember Kuefler questioned whether industrial use normally abuts residential and whether or not the 100 foot buffer requirement is included for that reason. The Director of Planning and Inspection responded it is hoped that industrial uses will not abut residential but the situation does exist in Brooklyn Center. Councilmember Kuefler questioned whether that was the purpose of the 100 foot greenstrip. The Director of Planning and Inspection stated the ordinance requires the 100 foot greenstrip which must be landscaped, and not driven on and that this greenstrip must be provided by the industrial area. Councilmember Fignar' questioned whether the Planning Commission minutes imply that Planning Commissioners believed that by not rezoning to I -1 there would be guarantee in the quality of the R -3 development. The Director of Planning and Inspection stated comments made by the Planning Commissioners could be interpreted to mean that rezoning to I -1 does not insure quality mid density development. If the area isn't zoned industrial, the area adjacent to it may not be developed as townhouses and the developer may in the future request to zone the entire area I -1. Councilmember Scott noted she preferred that the property be retained as R -3 zoning. She pointed out there was a great need for a multi - family housing in the metro area. The Metropolitan Council has reported time and time again on that need. Money filters to cities through the Met Council. Additionally, she pointed out there was very little R -3 zoned land left in Brooklyn Center. Mayor Nyquist opened the meeting for the purposes of a public hearing on Appli- cation 79023. Mayor Nyquist recognized Mr. Al Beisner, representative of BCIP. Mr. Beisner noted that previous proposals for rezoning of the area have been denied. He pointed out that it is generally agreed that residential use is not appropriate at the corner of Xerxes Avenue North and Shingle Creek Parkway. He also maintained that Brooklyn Center Industrial Park does have a master plan for the industrial park. Mr. Beisner said that people are afraid of subsidized housing. He stated that the industrial park could have built such housing on the site, but that they were concerned with cooperating with the neighborhood. He then reviewed previous conceptual plans for the area. He indicated that the site must be developed either for rental or for sale, not a mix. Previous ideas for use of the corner of Shingle Creek Parkway and Xerxes Avenue North include apartments, then office buildings and now finally, an industrial building. Mr. Beisner maintained that Brooklyn Center Industrial Park could make more money off rental units than by selling townhouses. He said that he was trying to satisfy a number of groups: the neighborhood, the City, the school board (which is interested in 100 new families entering the area) and the owner of the land. He acknowledged that a C -1 or a C -la use at the corner of Shingle Creek Parkway and Xerxes Avenue North would cause visual pollution to the - neighborhood to the west. In reviewing previous conceptual plans for the area, Mr. Beisner commented 55 notices had been sent to the residents concerning previous plans and the plans had been discussed with the residents. The neighborhood groups were 7 -9 -7 9 -8- opposed to rental. As the plans were reviewed, Mr. Beisner stated that people appear to favor a one story industrial use over a four story office because of " the eye pollution. Mr. Beisner stated Brooklyn Center Industrial Park would be in favor of creating a new zone with a light industrial classification to allow industries similar to edtro cs ni or Hiawatha Rubber. M In conclusion he stated he had spent many hours with the neighbors concerning the area and had spent many hours with lending institutions, etc. struggling with the 20.28 acre parcel. None of the plans thus presented will satisfy everyone but he suggested the plan presently before the Council will partially satisfy all and may be the best plan. Finally, he stated he was looking for some direction from the Council. As a point of clarification, Councilmember Fignar stated the plan envisioned 100 townhouse units as opposed to 160 rental units. Mr. Beisner stated that was correct and the townhouses would be owner occupied. Councilmember Fignar questioned what the tax impact of industrial versus town- houses would be. The Director of Finance stated he couldn't answer without additional research because the fiscal disparities impact would have to be accounted for. He stated development would be denser with homes and would likely give more revenue than a less dense industrial development because of the fiscal disparities. Councilmember Kuefler stated he had positive feelings toward the concept. He noted many of the people want the area developed and they don't appear to want rental units in the area. He pointed out he did not have a problem with the small portion of land being rezoned I -1 necessarily. He commented there might be merit to this type of a plan. He indicated that 100 owner occupied units would be an asset to the school district. Mr. Beisner commented the lending institutions with which he was working had some concern with the corner if planned for residential use. He noted light industrial uses could be good neighbors. The industries are clean and the workers work from 8:00 a.m. to 5:00 p.m. and are then gone. Councilmember Lhotka pointed out the corner might be more effectively bermed in a manner other than was shown on the plan. Councilmember Kuefler suggested it might be better to plan a C -1 use with offices on the corner. Once the freeway connects, the office space in that area would probably be quite desirable. Mr. Beisner responded the freeway link would not be completed until at least 1981 and thus far office space has not done well. Again Mr. Beisner stated the plan was not cast in concrete but BLIP was asking for direction from the Council. Referring to earlier comments made by Mr. Beisner concerning poor response to office space, Mayor Nyquist pointed out office space might rent better if the office space was solely office space and not a combination use such as Palmer Lake Plaza. Mayor Nyquist stated he would have less trouble with a C -1 zoning than an I -1 zoning. Councilmember Kuefler concurred he would.prefer to see offices. 7 -9 -79 -9 The City Attorney stated the I -1 zoning permits a number of uses. The City Attorney inquired how the developer could guarantee that incompatible 'uses would not be put in the area. Mr. Beisner responded the uses presently in the industrial zone are not abusive. Mr. Beisner further stated BCIP would be very amenable to a new zoning classification of light industrial which would virtually insure compatibility with the area. Councilmember Kuefler commented some sort of compromise might be in-order which would encompass a new zoning district to control height of building and use. Councilmember Scott stated she was concerned because once the land was zoned I -1 or zoned as a light industrial area, there was nothing to make the developer go ahead with the development of the rest of the R -3 property. Mr. Beisner responded BCIP has set a schedule of developments and informed the City of that schedule and BCIP has attempted to meet that schedule. He noted BCIP has shown good faith in development. Councilmember Scott noted she was still concerned at any time when residential was deliberately placed next to industrial. There was a motion by'Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Application No. 79023. 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 to approve the plan as envisioned in Application No. 79023 and to concurrently create a light industrial zone to guarantee light industrial use on the 7.84-acres located westerly of Shingle Creek Parkway and Xerxes Avenue North. The City Attorney stated.approval of.this plan at this time may create problems. Councilmember Fignar withdrew the motion. He did comment that he liked the plan as presented. Councilmember Lhotka stated he would look favorably upon looking for alternatives for the 7.84 acres in question such as a C -1 zoning or a light industrial zoning. There was a motion by Councilmember Kuefler and seconded by,Councilmember Scott to deny Application No. 79023 submitted by Brooklyn Center Industrial Park for the rezoning of 7.84 acres of Outlot E, Twin Cities Interchange Addition to I -1 and /or C -la for the following reasons: 1. The rezoning proposal does not demonstrate a clear public need or benefit. The applicant has not shown that the I -1 proposal would assure that the h remainder of the 20 acre site would be developed as zoned, 2. The I -1 zoning is not considered compatible with the R -3 zoning to the west. 3. The parcel in question does not seem to allow the efficient use of land under I -1 zoning restrictions, 4. The rezoning would result in an expansion of a zoning district not warranted by the Comprehensive Plan. Additional undeveloped I -1 property is located in the immediate vicinity. There is 7 -9 -79 -10- no perceived need for additional I -1 zoned land in this area. 5. The proposal does not demonstrate merit beyond the interest of . the owner of the parcel. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Kuefler commented he might be receptive to a trade off but he would like to see the townhouses developed first so that the City could be insured of the development of the residential area. Mayor Nyquist stated he did have a problem with the broad I -1 zoning but would not have a problem with the C -1 zoning. Councilmember Scott stated she preferred townhouses but might look favorably on a C -1 zoning. Councilmember Fignar stated it was his understanding that in order to satisfy the neighbors and get a debt return on the property it would be necessary to get a zoning trade off. After discussion of the Council, it was the consensus of the Council that they would like Mr. Beisner to work with the staff to see if a light industrial zoning might be possible or development of a proposal which encompasses offices rather than industrial use. The City Manager introduced Application No. 79030 submitted by Brooklyn Center Industrial Park for site and building plan approval for the Shingle Creek Plaza speculative industrial complex located west of and adjacent to Schmitt Music on Freeway Boulevard. Application No. 79030 was recommended for approval at the June 28, 1979 Planning Commission meeting. The Director of Planning and Inspection explained that the application was tabled at the June 14, 1979 Planning Commission meeting and that at that time the Commission directed the applicant to submit revised plans providing for a 140 foot separation between two of the buildings for a paved loading dock and driveway-area. The Commission also directed that the plans be modified to provide a 50 foot setback for the building facing Freeway Boulevard. The Director of Planning and Inspection noted the applicant had submitted a new plan incorporating the changes which was reviewed by the Planning Commission. The Director of Planning and Inspection reviewed for the Council the fact that the applicant proposes a natural ground cover along Shingle Creek Parkway at the northerly portion of the site. He pointed out an existing 25 foot sanitary sewer easement which runs in a southeasterly direction at about the center of the site from west to east for approximately 635 feet and then heads southerly towards Freeway Boulevard. The Director of Planning and Inspection pointed out Mr. Beisner has noted disagreement with point #10 in the Planning Commission recommendation which states a joint access approved by the City Engineer, shall be provided on the westerly portion of the site to provide access to the subject site and to the industrial zoned parcel immediately to the west. Mayor Nyquist recognized Mr. Beisner who stated no site and building plan exists for the property west of the site. Furthermore, he stated the lending institu- tion which would be financing this project would not necessarily be in favor of providing joint access for the property to the west. 7 -9 -79 -11- The City Manager commented he is not in favor of allowing lending institutions to dictate planning needs within the City. He stated joint access is a sound planning idea. In response, Mr. Beisner stated if joint access were an option, he would have no problem with it. In response to questions from the Council, the City Manager stated the City favors a common access shared by both parcels. He further stated a strong point of the Brookdale development and development by BCIP is that traffic flow moves easily. The community has been careful with access and curb cuts thus facilitating traffic flow. The Director of Planning and Inspection.commented the City is attempting to align median cuts with common access along Shingle Creek Parkway at this time and hopefully the need to do that could be avoided on Freeway Boulevard with proper planning. Mr. Beisner stated part of the problem was in dealing with two owners, two lending institutions and two sets of attorneys. He stated this complicated the issue. Councilmember Kuefler suggested changing the wording of point #10 in such a way that joint access could be worked out. He suggested wording which would bind the number of curb cuts on future sites. An alternative, Councilmember Kuefler suggested, might be to word the condition of approval so that the plan would be approved but a common access would be necessitated at the time of the develop- ment of the westerly portion of the property. It was suggested appropriate wording might be "a joint access approved by the City Engineer, shall be provided on the westerly portion of the site to provide access to the subject site and to the industrially zoned parcel immediately to the west, said joint access to be approved by the City Engineer prior to the development of the westerly parcel ". It was the consensus of the Council that this wording was acceptable. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Application No. 79030 submitted by Brooklyn Center Industrial Park subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire extin� guishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring system in accordance with - Chapter 5 of the City Ordinances. 5. All outside trash disposal equipment and /or rooftop mechanical equipment shall be appropriately screened from view. 6. B612 curb and gutter shall be provided around all driving and parking areas. 7 -9 -79 -12- 7. An underground irrigation system shall be provided in all sodded and planting areas.to facilitate site maintenance. The irrigation shall not be required in areas by Shingle Creek where natural ground cover will continue to exist. a. Plan approval is exclusive of all signery which is subject to the requirements of Chapter 34 of the City Ordinances. 9. A standard utility maintenance agreement approved by the City Engineer shall be executed prior,to the issuance of permits. 10. A joint access approved by the City Engineer, shall be provided on the westerly portion of the site to provide access to the subject site and to the industrially zoned parcel immediately to the west, said joint access to be approved by the City Engineer prior to the development of the westerly parcel. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Kuefler asked Mr. Beisner about ownership of the Earle Brown Patio Townhouses. Mr. Beisner responded those homes were owned by Brooklyn Center Development Corporation which was owned by Mr. Sheehy. Regarding Application No. 79025 submitted by Jarold Modeen for rezoning from R -1 (single family residential) to C -1 (service /office) the properties from 5455 Brooklyn Boulevard to 5549 Brooklyn Boulevard, the Director of Planning and Inspection noted he had received a letter from Mrs. Modeen asking that the application be postponed for further plan proposal to be presented to the Planning Commission at a later time. The letter was signed by all the property owners. The Director of Planning and Inspection indicated he had spoken with Mrs. Modeen and had suggested she might wish to pursue the rezoning request to the City Council because the Comprehensive Plan review currently underway recommends the consideration of C -1 for the area and the Council may look favorably upon the proposal. Mrs. Modeen was present at the Council meeting. Mayor Nyquist asked Mrs. Modeen if she wished to comment. Mrs. Modeen stated she wished to postpone considera- tion of Application No.'79025 but wished the Council to comment informally on the application proposal. The City Attorney commented the Council would be bound by discussion if litigation occurred on Application No. 79025 unless the item was tabled. If the item was formally tabled, the Council could proceed with general discussion. The appli- cant concurred she would like the proposal tabled and asked again if the Council would comment in general discussion on the application following tabling of the application. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to table action on Application No. 79025. Voting in favor: Mayor Nyquist, Councilmembers.Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In response to questions from the Council, the Director of Planning and Inspec- tion reported the Comprehensive Plan will not be effective for at least a year. The plan will not be before the Council for at least a couple of months and must be to the Metropolitan Council by July, 1980. He further explained the Comprehensive Plan review recommends C -1 for the area in question. He cautioned 7 -9 -79 -13- that the application might.be premature because there is no development proposal and the Comprehensive Plan has not gone into effect. The Director of Planning and Inspection noted the denial by the Planning Commissio was in a sense a soft denial and the Planning Commission encouraged the applicant to pursue the proposal at a future date with a firm development proposal. Mayor Nyquist commented he did not believe the area should be continued as resi- dential. He recommended possibly investigating buying land from Northport School in order to even out the property. He stated he would be receptive to rezoning. Councilmember Fignar commented he saw the land in question -as an island presently. He stated he was opposed to extending the rezoning further south than the North - port Clinic. He commented it makes sense that a condition be placed to widen the width lot on the replatting. In response to inquiries made by Council members, Mrs. Modeen pointed out that all six parties involved in the property were in favor of rezoning. In response to inquiries made by Council members, the Director of Planning and Inspection explained that unless a developer would buy all of the property, a situation might arise similar to the situation of the Buseh family on Brooklyn Boulevard who were not able to add on to a porch -because.of being a nonconforming use. By consensus, the Council encouraged investigation of a development proposal to rezone the properties in question from R -1 to C -1. RETURN TO DISCUSSION ITEMS Mayor Nyquist explained he had received complaints concerning cars racing in the area of Lawrence Road. He questioned the City Manager if the City had received complaints recently on that area. The City Manager stated he would investigate it. Mayor Nyquist explained he had received a letter from the Governor regarding United Nations Day. The letter requested municipalities to appoint a United Nations Day Program Chairman for United Nations Day which was October 24. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to appoint Mr. Al Lindman as United Nations Day Program Chairman. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The.City Manager explained it has been brought to his attention that there was a possible problem with the noise walls in the area south of Iten Chevrolet on the south side. The noise walls appear to be too short to be effective. In conversation with DOT personnel, the City Manager learned it would be necessary for the City Council to pass a motion asking the DOT to reconsider the height, etc. of the noise wall if any action was to be taken. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to ask the Department of Transportation to assess the effectiveness of the noise walls in the area of Iten Chevrolet and increase the height if they are ineffective. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and.Scott. Voting against: none. The motion passed unanimously, 7 -9 -79 -14- Councilmember Kuefler questioned when the sod would be placed on the residents side of the noise walls in the area of Iten Chevrolet. The City Manager com- mented it should be the next step. He indicated the Engineering Department would investigate that further. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bergstrom Trucking 6509 76th Ave. No. Brooklyn Disposal 1014 Klondike Dr. Hilger Transfer Company 8550 Zachary Lane Metro Refuse 8168 W. 125th St. Waste Control 95 W. Ivy St. Woodlake Sanitary Service 4000 Hamel Road ITINERANT FOOD ESTABLISHMENT LICENSE Fabian Seafood Company Galveston, TX (6849 Brooklyn Boulevard) Bonnie Wagner 7025 Halifax Ave. No. (St. Alphonsus Fun Fair) TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE Bonnie Wagner 7025 Halifax Ave. No. (St. Alphonsus Fun Fair) Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CONSIDERATION OF TEMPORARY OCCUPANCY PERMIT FOR CEAP The City Manager referred the Council to a memorandum from the Director of Planning and Inspection which explained the City has received a request from CEAP to extend the temporary occupancy of the properties at 5607 and 5625 Brooklyn Boulevard until February 1, 1980. The City Council authorized a temporary occupancy at 5607 and 5625 Brooklyn Boulevard for CEAP on January 23, 1978. The approval was for a twelve month period provided certain conditions were met. The memorandum explained CEAP currently is in the process of attempting to find a permanent location for their operation within Brooklyn Center, but as of this date, no final plans have been approved by the City. CEAP is seeking to have their temporary occupancy extended until February 1, 1980. The City Manager explained the Building Inspector and Fire Inspector have reviewed both of the buildings currently being utilized by CEAP. He noted the reports indicate no major problems and that for the most part, the conditions of the temporary occupancy have been met. He noted the Fire Inspector does recommend that an extension of their permit be contingent upon no smoking being allowed at 5625 Brooklyn Boulevard. Additionally, the Building Inspector has issued a compliance order to CEAP indicating that rubbish containers should either be screened or contained within an enclosed building. The City Manager noted it was his recommendation that the Council authorize the temporary occupancy of 5607 and 5625 Brooklyn Boulevard until February 1, 1980 subject to the conditions as mentioned in the memorandum. 7 -9 -79 -15- There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize the temporary occupancy of 5607 and 5625 Brooklyn Boulevard until February 1, 1980 subject to the following conditions: 1. Use and occupancy for each floor of each building shall be as indicated on the approved floor plans. "Changes must be approved by the City. 2. Storage of clothing, dry goods and other items for distribution is limited to those areas shown on the approved plans and as directed by the City. 3._ The basement areas are not to be accessible by the public. 4. There shall be no public assembly or group meetings in either building. 5. All storage and trash disposal is to be within the buildings or within approved screen devices. Trash and garbage must be kept in approved containers. 6. Adequate off street parking on approved areas is to be provided. Use of City or County adjacent properties (Library or Northport Park) should be coordinated with the City Public Works Department and the County Library. 7. Any signery' must conform with the Sign Ordinance. 8. The yard areas must be maintained in a clean and aesthetic manner. 9. Smoking is not permitted anywhere in the building located at 5625 Brooklyn Boulevard. Violation of the above stated conditions shall be grounds for the City Council to consider revocation of the temporary occupancy for these buildings. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott 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 10:03 p.m. LZ C Clerk M r 7 -9 -79 -16-