HomeMy WebLinkAbout1979 10-15 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 15, 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'7:03 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka,
and Celia Scott. Also present was City Manager Gerald Splinter, Director
of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of
Planning and Inspection Ron Warren, City Attorney Richard Schieffer, and
Administrative Assistant Brad Hoffman.
INVOCATION
The invocation was offered by Father Lowry of St. Alphonsus Church.
APPROVAL OF MINUTES — SEPTEMBER 24, 1979
There was a motion by Councilmember Lhotka and seconded by Councilmember
Fignar to approve the minutes of the City Council meeting of September 24,
1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,
Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani-
mously.
OPEN FORUM
Mayor Nyquist stated the Council had not received any requests to use the
Open Forum session. He inquired of the audience if anyone was present who
wished to address the Council. There being none, the Mayor proceeded with
the regular agenda items.
PERFORMANCE BOND RELEASES
The City Manager introduced the performance bond releases as the next agenda
item. He referred to a memorandum submitted to the Council by the Planning
and Inspection office detailing each of the bond releases. The Director of
Planning and Inspection noted that a $50,000 performance bond for First
Wisconsin Mortgage Company was reduced by the City Council to $5,000 on
June 23 of this year, following discussions with representatives of the
First Wisconsin and the Moorwood Homeowners Association. The Association
had requested a delay in the release of the bond because they and First
Wisconsin had not completed a settlement regarding certain improvements.
He stated that the two parties have reached an agreement and that First
Wisconsin has requested the total release of the bond.
Motion by Councilmember Kuefler and seconded by Councilmember Scott to
release the performance bonds as recommended by City staff. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
SUBDIVISION BOND RELEASE
The City Manager introduced the subdivision bond releases for the Irving
Estates and Ewing Square. The Director of Public Works briefly reviewed
the two subdivision releases. Councilmember Kuefler inquired if the staff
was asking for a total release. The Director of Public Works indicated
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that a total release was being sought. A brief discussion ensued relative
to neighborhood problems with the Ewing Square project. The City Manager
reported there had been few complaints in the neighborhood regarding "no
parking" signs.
Motion by Councilmember Lhotka and seconded by Councilmember Fignar to
approve the subdivision bond releases for Irving Estates and Ewing Square
as recommended by the City staff. Voting in favor: Mayor Nyquist, Council-
members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The
motion passed unanimously.
FINAL PLAT APPROVALS
The Director of Public Works briefly reviewed the final plat approval for
Piccadilly Ponds. A brief discussion ensued relative to a private road
agreement.
Motion by Councilmember Fignar and seconded by Councilmember Kuefler to
approve the final plat approval for Piccadilly Ponds subject to a private
road agreement as approved by the City Attorney and also conditioned upon
the Minnesota Department of Highway approval of the road. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none. The motion passed unanimously.
The Director of Public Works briefly reviewed the final plat approval for
the Rosen Addition. The Director of Planning and Inspection added that when
two lots are held under common ownership and common usage, they are required
by ordinance to be combined. The Council requested the staff to write a
letter to the Pilgrim Cleaners commending them for cleaning up their corner
on Brooklyn Boulevard.
Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve
the final plat for Rosen Addition. Voting in favor: Mayor Nyquist, Council-
members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The
motion passed unanimously. .
Mayor Nyquist indicated because of his professional involvement in the North-
brook Alliance Addition he would abstain from the discussion and the vote.
Mayor pro -tem Fignar assumed the chair. The Director of Public Works explained
that the addition proposed the combining of various properties into one lot
for a residential development.
Motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve
the Northbrook Alliance Addition final plat. Voting in favor: Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed.
Mayor Nyquist abstained from voting.
APPROVAL OF ELECTION JUDGES
Motion by Councilmember Lhotka and seconded by Councilmember Scott to approve
the partial list of election judges for the November 6, 1979 general election.
Following the motion, there was a brief discussion in which it was noted that
six additional judges would be required. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none.
The motion passed unanimously.
RESOLUTION NO. 79 -229
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR
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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
f 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. 79 -230
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR
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.
RESOLUTION NO. 79 -231
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING'THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT
AUTHORITY TO ADMINISTER BROOKLYN CENTER'S HOUSING REHABILITATION GRANT
PROGRAM
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. 79 -232
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SIDEWALK CONTRACT 1979 -H) "
The motion for the adoption of the foregoing resolution was duly seconded by
member Gene Lhotka, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -233
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION'AMENDING RESOLUTION NO. 79 -196 PROVIDING FOR WAGE AND SALARY
ADJUSTMENT FOR THE CHIEF OF POLICE
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. 79 -234
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF ONE DATA PROCESSING TERMINAL FOR
PROPERTY DATA SYSTEM
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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. 79 -235
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING TWENTY -FIVE YEARS OF PUBLIC SERVICE BY TRUMAN A.
NELSON
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. 79 -236
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION RECOGNIZING TWENTY -FIVE YEARS OF PUBLIC SERVICE BY RICHARD J.
JENNRICH
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: none, whereupon
said resolution was declared duly passed and adopted.
Following a brief discussion, there was a motion by Councilmember Fignar
and seconded by Councilmember Scott to approve the employee recognition
program. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none. The motion passed unanimously.
RESOLUTION NO. 79 -237
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF THREE PRESSURE DEMAND AIR MASKS WITH
WALKWAY BRACKETS
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. 79 -238
Member Celia Scott introduced the following resolution and moved its adoption
RESOLUTION AUTHORIZING THE PURCHASE OF MICROFILM AND FICHE. READER PRINTER
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.
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RESOLUTION NO. 79 -239
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION TO APPROPRIATE $70,000 IN THE CAPITAL PROJECTS FUND FOR THE
SHINGLE CREEK RELOCATION PROJECT
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.
RESOLUTION NO. 79 -240
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION TO APPROPRIATE $25,000 IN THE CAPITAL PROJECTS FUND FOR THE
CONSTRUCTION OF A BROOKLANE PARK SHELTER BUILDING
The motion for the adoption of the foregoing resolution was duly seconded
by member Gene Lhotka, and upon vote being taken thereon, the following
voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene
Lhotka, and Celia Scott; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -241
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION TO APPROPRIATE $50,000 IN THE CAPITAL PROJECTS FUND AS THE CITY'S
MATCHING FUNDS FOR THE CENTRAL PARK LAWCON PROJECT
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. 79 -242
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION TO APPROPRIATE $14,390 IN THE CAPITAL PROJECTS FUND AS THE CITY'S
MATCHING FUNDS FOR THE SHINGLE CREEK TRAILWAY LAWCON PROJECT
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. 79 -243
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID FOR INSTALLATION OF FUEL OIL TANK AT CITY HALL /CIVIC
CENTER
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
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Lhotka, and Celia Scott; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 79 -244
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING REPLACEMENT OF PRIVATE DRIVEWAY
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.
CHAMBER OF COMMERCE BROCHURE
The City Manager introduced the next agenda item stating the Chamber of
Commerce was requesting $1,500 from the City for the printing of a promotional
brochure for the City of Brooklyn Center. Lonni McCauley, from the Chamber
of Commerce, explained that the piece would be used to promote the City and
would be used by realtors, hotels, restaurants and so forth. She also explained
that the example received by the Council would include a four page colored
brochure with an insert map. She also indicated it is possible a gatefold
would be included which would allow for more information to printed.
Councilmember Fignar inquired as to the timetable for completion of the
brochure. Ms. McCauley indicated she thought it should be available by the
end of the year. The City Manager explained the City needed approval from
the Council for the expenditure from the City's Contingency Fund. Motion
by Councilmember Lhotka and seconded by Councilmember Fignar to approve the
expenditure of $1,500 for the promotional brochure to be taken from the
City's Contingency Fund. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion
passed unanimously.
ORDINANCES
The City Manager introduced the first ordinance noting that it was an amend-
ment to Chapter 35 regarding special requirements in I -1 and I -2 districts.
He noted that the ordinance was first read at the September 10, 1979 Council
meeting, published on September 27, 1979 and was presented this evening for
a second reading. This ordinance related to changes in the various setbacks
in I -1 and I -2 districts.
ORDINANCE NO. 79 -16
Member Celia Scott introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 35 REGARDING SPECIAL REQUIREMENTS IN I -1 AND
I -2 DISTRICTS
The motion for the adoption of the foregoing ordinance 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 ordinance was duly passed and adopted_
The City Manager introduced the next ordinance vacating an alley lying
between Emerson and Fremont Avenues North between 56th and 57th Avenues
North. The City Manager noted that the ordinance was first read at the
September 10, 1979 Council meeting, published on September 27, 1979 and
was being presented this evening for a second reading.
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ORDINANCE NO. 79 -17
Member Gene Lhotka introduced the following ordinance and moved its adoption:
AN ORDINANCE VACATING AN ALLEY LYING BETWEEN EMERSON AND FREMONT AVENUES
NORTH BETWEEN 56TH AND 57TH AVENUES NORTH
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.
REPORT ON THE FINDINGS OF FACT ON SPECIAL ASSESSMENT HEARINGS
The City Manager referred to a memorandum from Tom Bublitz, Administrative
Assistant. The memorandum referred to the benefits received by Ms. Melba
Evanson's property as a result of the installation of the street, storm
sewer, and sanitary sewer and water main in Projects No. 1978 -21, 1978 -22,
1978 -23 and 1978 -24. It also referred to the benefits received from the
Brookdale Towers property along the newly constructed Irving Avenue from
Grading, Base & Surfacing Project No. 1978 -20. The City Manager recommended
that the Council accept the memo into the record.
Motion by Councilmember Fignar and seconded by Councilmember Lhotka to
accept the memorandum prepared by Tom Bublitz into the records of the
special assessment hearing. Voting in favor:' Mayor Nyquist, Council-
members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The
motion passed unanimously.
RECE
The City Council recessed at 7:50 p.m. and reconvened at 8:12 p.m.
INDUSTRIAL REVENUE PUBLIC HEARING
The City Manager introduced the next agenda item by stating that Cass Screw
Company was requesting an industrial revenue bond for the expansion of their
company. He added that they were seeking preliminary approval of that project
from the City this evening. Mayor Nyquist then called the public hearing to
order. Administrative Assistant Brad Hoffman noted that notice of the public
hearing had been published in the Brooklyn Center Post on September 27 and in
the Minneapolis Star & Tribune on September 28 and that such publication dates
were in compliance with the State law. He also added that Cass Screw Company
was seeking a $650,000 industrial revenue bond. Mayor Nyquist then recognized
Richard Palmiter. Mr. Palmiter indicated that he represented Rothschild
Financial Corporation which was the authorized representative for Wise,
Greenwald & Greenwald, a Minnesota partnership owning the Cass Screw Company.
He indicated that the project was for the acquisition and expansion of the
company. He indicated that the company was presently operating from two
buildings and that under the project it was proposed to combine the two at
one site. Councilmember Lhotka asked Mr. Palmiter how the proposed project
would meet the City's guidelines. Mr. Palmiter described the company's back -
ground that being a long -term Brooklyn. Center company and their need for
financing. He also indicated that it was feasible that the Cass Screw
Company would be forced to leave Brooklyn Center if they were not able to
find financing for the development on that site. He also added that expan-
sion would create other jobs. Councilmember Fignar inquired as to the
number of additional jobs that would result from the expansion of the company.
Mr. Greenwald, of the Cass Screw Company, indicated that he did not have an
exact figure but estimated the number would be around ten. Councilmember
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Lhotka inquired as to the number of current employees that resided within
Brooklyn Center. Mr. Greenwald indicated that he was not exactly sure but
he added that he was a resident of Brooklyn Center and indicated that he
would guess approximately 20 of his 50 employees were Brooklyn Center
residents.
Motion by Councilmember Scott and seconded by Councilmember Lhotka to
close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion
passed unanimously.
Mayor Nyquist inquired if there was any further discussion. Councilmember
Kuefler inquired as to the amount of industrial revenue bond money the City
has given tentative approval to at this point in time. Administrative
Assistant Brad Hoffman indicated that the City has given preliminary
approval to industrial revenue bonds of $800,000 for LOGIS, $1,000,000 for
Medtronics and $1,400,000 for the Dale Tile Company. He also added that the
LOGIS bond was according to Council direction and was not to count against
the 50 of the City's assessed valuation limit the City had adopted as a
policy for industrial revenue bonds. In total he indicated that $2.4
million of that money had been used at this point in time.
RESOLUTION NO. 79 -245
Member Bill Fignar introduced the following resolution and moved its adoption:
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT
PROJECT BY WISE, GREENWALD & GREENWALD UNDER THE MUNICIPAL INDUSTRIAL DEVELOP-
.
MENT ACT, AUTHORIZING THE SUBMISSION OF AN..APPLICATION TO THE COMMISSIONER
OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS
AND MATERIALS IN CONNECTION WITH THE PROJECT
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.
HOUSING INSPECTION ORDINANCE
The City Manager introduced the next agenda item by referring to a memorandum
prepared by Administrative Assistant Brad Hoffman. He noted that the Brooklyn
Center Housing Commission has been working on a mandatory housing inspection
ordinance that would require all homes to undergo an inspection prior to
their sale. Councilmember Fignar added that it was the intent to get direction
from the full Council. He indicated that the Commission has been studying
the housing inspection ordinances for approximately a year and has had discus -
sions with both representatives from the City of Minneapolis and St. Louis
Park which represented the two basic approaches to housing inspection ordi-
nances. Mayor Nyquist indicated that he had strong reservations against such
a program. Councilmember Lhotka indicated that the Minneapolis approach
bothered him considerably. He felt that there are a number of problems
with their approach. Mayor Nyquist also indicated that he had some concerns
about the City's liability under the program. The City Manager added that
although the City administration was proposing that the Program, if adopted.
be administered similarly to the way electrical inspections are handled,
that there would still be some administrative burden in that department
associated with the ordinance. Councilmember Fignar inquired if New Hope had
such an ordinance. Administrative Assistant Brad Hoffman indicated that they
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do have an ordinance and that it had been patterned after St. Louis Park's
program. Mayor. Nyquist then recognized Ray Haroldson from the Housing
Commission. Ray Haroldson indicated that it was the desire on the part of
the Commission to help inform buyers about the homes they were about to
purchase. He indicated that most home buyers were unaware or uninformed
purchasers. He also added that it is perhaps the most significant purchase
most individuals would make and that such an ordinance would make that
transaction easier for them. He also indicated that realtors felt that
such an ordinance made the homes more sellable. He added that the compli-
ance aspects of it only dealt with health and safety items. He stated the
average person is unaware of all the fine points in purchasing homes.
Councilmember Fignar indicated that it was not a guarantee but he also felt
that many home buyers were uninformed. The City Manager stated that if the
inspectors were to find violations, they would -be required to issue a citation
for compliance because it is an ordinance being enforced and enforcement is
not optional. Councilmember Kuefler inquired as to who the main advocates for
the ordinance were. Councilmember Fignar then indicated that realtors and
so forth advocated such ordinances. Councilmember Kuefler indicated he would
like to see the Commission present the pros and cons and to make a recommenda-
tion to the Council. He indicated that they should hold a public hearing to
get public input on the matter. Following that, he felt they should bring
the matter back to the Council at that time. The City Attorney stated that
he felt the Council should be aware that code violations for the most part
have been determined by courts to be for the general protection of societies
and not individuals. He cited two court cases which have upheld that approach.
However, he noted that the last supreme court decision was split and he indi-
cated that if municipalities continue to pass such ordinances, and become more
deeply involved in providing these kind of services that the courts are bound
to rule that the City's inspection is an insurance policy for the individual.
He added that if that does happen or when it does happen, that the costs
associated with the enforcement of the ordinances will be astronomical. He
also stated that if a violation is found, it must be corrected. He stated
that the St. Louis Park approach places a great burden upon the City. Mayor
Nyquist then recognized Dolores Hastings from the Housing Commission. Dolores
Hastings indicated that she feels the ordinance is similar to the Housing
Maintenance Ordinance and that people would appreciate the ordinance after
it has been passed but not prior to it. Councilmember Kuefler then - stated
that it would be another fee that would be passed along on the cost of the
house. He also stated that FHA and GI mortgages require an inspection.
Following the discussion, Councilmember Fignar stated that he would take
the Council's input back to the Housing Commission for further study.
PLANNING COMMISSION ITEMS
The City Manager introduced the next agenda item, that of Planning Commission
Application Nos. 79057 and 79058 submitted by Medtronics, Inc He stated
that the applicant was seeking a site and building plan approval for an
addition to their building at 6700 Shingle Creek Parkway. He also added that
the Planning Commission had recommended approval for the application at the
September 25, 1979 Planning Commission meeting. He also added that Applica-
tion No. 79058 sought the Council's approval of a registered land survey at
the site of their building at 6700 Shingle Creek Parkway.
The Director of Planning and Inspection stated that the applicant was seeking
a site and building and a registered land survey approval for a 53,000 square
foot addition to the existing Medtronics facility. He explained that the site
included Tracts C and D of registered land survey 1316 bounded on the west by
a Speculative Industrial Building No. VI, on the north and by Shingle Creek
Parkway on the west, by 67th Avenue on the south and by Hiawatha Rubber and
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Earle Brown Farm Apartments on the north. He added that land was zoned
I -1 and that the research and the development used for the proposed addi-
tion is consistent with the existing use approved by the City Council.
The Director of Planning and Inspection pointed out that the two tracts
were roughly nine acres in total and were divided from east to west by a
40 foot utility easement located in the area of the existing property line.
Access to the site is gained by a curb cut off 67th Avenue and a single
curb cut without a median cut off Shingle Creek Parkway. He stated that
the new building addition would utilize the area between the existing
Medtronic building and the utility easement which is presently used for
parking. The Director of Planning and Inspection explained that the utility
easement will be moved northward approximately 15 feet and that the applicant
proposes to relocate an existing water main to allow for the expansion.
The Director of Planning and Inspection reviewed the landscape plan for the
site pointing out that the plan provides for a six foot high berm on the
northeast corner to shield the parking lot from the residential uses to the
east. He indicated that he felt it would be more attractive and more practical
than a screened fence. A four foot high berm is proposed along the Shingle
eels 'a kw ay. : _;-Be rev ewe -t nti g_ f ew -the _ ite__ xahich would include
- - - -
e _l0 usts, green ash, maple and little leaf lindens.--He stated that all --
s ` unpaved areas are proposed to be sodded and sprinkled with the exception of
a future building site which is to be seeded only. The applicant is request-
ing a deferral of landscaping this area for a period of two years. He added
that drainage from the site is generally from the south and west and added
that the contractor proposes to salvage and reuse the existing storm and
sanitary sewer utilities presently under the new building site.
Relative to the relocation of the 40 foot utility easement through the middle
of the site, the Director of Planning and Inspection explained that the appli-
cant had chosen to relocate e o
Cate the water line rather than scale down the building
which was the other alternative. He added that as a condition of approval,
approval of sidewalk, which will be located over the same easement, should be
extended to the existing sidewalk on Shingle Creek Parkway.
The Director of Planning and Inspection pointed out on-the plan the location
of the proposed lithium storage on the east side of the site. He also noted
that the proposed area for the storage tanks for nitrogen are going to be
filled by trucks entering off the Shingle Creek Parkway and that such deliveries
will occur approximately every six weeks. He indicated that the Fire Chief
had reviewed those plans for storage of the chemicals and reported that it
was consistent with the requirements for storing such chemicals.
The Director of Planning and Inspection indicated that the Planning Com-
mission recommended approval for Application No. 79057 with thirteen contingen-
cies. He also stated that approval for the registered land survey, Application
No. 79058, was recommended for approval with four contingencies.
Councilmember Kuefler then inquired if the parking was on the south end of
the building as is currently in existence. The Director of Planning and
Inspection indicated that it was. Councilmember Lhotka expressed his concern
for the storage of volatile chemicals. He indicated that he would like to
see further information. The Director of Planning and Inspection indicated
that Medtroniq has submitted a list of chemicals used by the company and that
the list is on file with the City as well as the Fire Chief's report on the
storage of such chemicals. The City Manager indicated the Fire Chief's
reports would be made available to Council members and that Medtronics has
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always been very cooperative with the City in the past and that he
foresees no problems with the design safety features,of the storage
of such chemicals at the Medtronics facility. Councilmember Fignar
inquired as to the hours of operation. The representative from
Medtronics indicated there were two shifts running from 6:00 a.m.
until 9:00 p.m. Councilmember Fignar then indicated his concern that
the parking lot to the north might bother the apartment dwellers there.
The representative from Medtronics indicated the northern end of the
parking lot would not be lit and that the company was using directional
low standard lights. The Director of Planning and Inspection added that
the City's Zoning Ordinance requires that there be no spillover of lights
in such parking lots
Motion by Councilmember Fignar and seconded by Councilmember Scott to
approve Planning Commission Application No. 79057 subject to the thirteen
conditions outlined by the Planning Commission. Voting in favor: Mayor
Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:
none. The motion passed unanimously.
Mayor Nyquist opened the public hearing on Planning Commission Application
No. 79058. There was no one to speak at the public hearing. Motion by
Councilmember Fignar and seconded by Councilmember Kuefler to close the
public hearing on Planning Commission Application No. 79058. Voting in
favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.
Voting against: none. The motion passed unanimously.
Motion by Councilmember Kuefler and seconded by Councilmember Lhotka to
approve Planning Commission Application No. 79058 subject to the four
conditions recommended by the Planning Commission. Voting in favor:
Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting
against: none. The motion passed unanimously.
LICENSES
Motion by Councilmember Lhotka and seconded by Councilmember Scott to approve
the following list of licenses:
ITINERANT FOOD ESTABLISHMENT LICENSE
Karen Youngberg 5419 Girard Ave. No.
Earle Brown P.T.A. (Carnival - Country Store)
James McAlpin 6248 71st Ave. No.
Knights of Columbus (pancake breakfast)
RENTAL DWELLING LICENSE
Initial:
Thomas & Mary Harty 5837 Lyndale Ave. No.
Don Pfau 6913 Unity Ave. No.
Danial Bartus 3500 66th Ave. No.
Renewal:
David Jensen & Gordon Wellens 5501 Brooklyn Blvd.
Thomas & Bill Howe 3129 49th Ave. No.
SIGN HANGER'S LICENSE
Kaufman Outdoor Advertising Co. 315 Washington Ave. No-
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Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
_. Scott. Voting against: none. The motion passed unanimously.
Motion by Councilmember Kuefler and seconded by Councilmember Scott to direct
the staff to draw up resolutions commending detached workers Jan Daniels and
Greg Brooks for the services they have provided the City of Brooklyn Center..
Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and
Scott. Voting against: none. The motion passed unanimously.
ADJOURNMENT
Motion by Councilmember Fignar 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 9:17 p.m.
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