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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 10 -15 -79 ' -1- i 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 10 -15 -79 -2- 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 10 -15 -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. 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. 10 -15 -79 -4- 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 10 -15 -79 -5- 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. 10 -15 -79 -6- 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 10 -15 -79 -7- i 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 10 -15 -79 _g_ i 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 10 -15 -79 -9- 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 10 -15 -79 -10- 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- 10-15-79 -11- 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. • f erk - a , r 10 -15 -79 -12-