Loading...
HomeMy WebLinkAbout1978 03-20 CCM Regular Session MlN UTES OI' THE FROCEED`IT`IGS O a HE CITY OF 111E CITY OF T3RO0KLYI� CENTER II I'11L! COUI`1'IY` I1ENI AIqD TH11". STATE OF' MINNESOTA REGULAR SESSION MARCI1 20, 1978 CITY HALL Call. to Order The .Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p,m. Roll. Call Mayor Dean Nyquist, C:ouncilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott, Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Parks and Recreation Gene Hagel, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Ronald Warren and Brad Hoffman. Invocation The invocation was offered by Pastor Glad of Harron Metho- dist Church. Approval of Minutes Motion by Councilmember Lhotka and seconded by Council. - 2 -27 -78 member Scott to approve the minutes of the February 27, 1978 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, The motion passed. Councilmember Fignar abstained as lie was not at that meeting. Open Forum Mayor Nyquist introduced the first item of business on the agenda, that of the Open Forum. He explained that the Open Forum was instituted to give any citizen the opportunity to address the City Council as a whole and comment on any opinion, problem, concern or complaint they might have which is relevant to the affairs of this local government and its policies and practices He recognized Martha Lahti, 4735 Emerson Avenue Norte, Minneapolis, owner of the property at 5316, 5322, and 5328 Knox Avenue North. She referred to the City Council's action during the fall of 1977 to order construction of an alley paving improvement project between 53rd and 54th. Avenues between Knox and James Avenues North. She expressed opposition to the alley paving project and stated that a majority of the people sigming the petition carried last fall were not in favor of the alley paVirlg project. She stated that residents were not informed of the maintenance cost for blacktop alleys and noted that there are various problems with permanent alleys especially during the winter time. She added that a change in grade may also cause drainage problems for persons living in that area. She concluded by recommending that the Council reconsider its previous action ordering the construction of this alley paving improvement project since bids have not yet been let by the City for the project. Mayor Nyquist then recognized Bill. McGonigal, 4806 Howe Lane, a member of the Brooklyn Historical Society. He stated that the Brooklyn Flistorical Society was formed in 1970 in response to a need felt by many to preserve the historical significance of this area. He added that their prime goal was to save a por'ti.on of the Earle Brown Farni for future g�o;nerati.ons . He explained that over the rust eight year, the society has been able to collect many valu­ able items which have caused a storage and display problem for the society. He rc poited that his reason for appearing n..1 _ 3_90-,"e, 47, tjC -� Cit COUIlCil th is i C� S ask the Council , V - 1 - 1 , i t L k ao ' t'De c staff for assistance and advice in locating a site where their continually growifig collection of h i L I" istorical items can be housed. Mayor Nyquist inquirer,' if anyone else in the audience wished to be recognized for the Open Forum, No one requested to be heard, and the City Council continued with the agenda. The City Manager reported that the City has received a Notice of Claim 1. Ma. Sautbine and Marshal). notice of cla filed by Alice Mary S Sautbine in an amount of $100,000 for damages resulting from an alleged fed false arrest at Brookdale Shopping Center by one of the City's police officers He stated that it is recommended that the Council. acknowledge receipt of the notice of claim and refer it to the City's insurance carrier for disposition. Following a brief discussion there was a motion by Council- Action Acknowledging member Kuefler and seconded by Councilmember Lhotka to Notice of Claim acknowledge receipt of a notice of claim filed by Alice Mary Sautbine and Ma-shall Sautbine in an amount of $100,000 and to refer it to the City's insurance carrier for disposition. The City Manager reported that the City Council at its Payment of Interest February 13, 1978 meeting had authorized the Payment of three separate checks to Joslyn Manufacturing and Supply Company which was to represent a final settlement for a condemnation case for open space land acquisition. He pointed out that this final settlement was exclusive of any interest that might have been claimed by the company. He noted that Joslyn Manufacturing and Supply Company has since requested the City to pay $2,340.90 in interest arisin out of that settlement and that the City Attorney t L has advised that this claim be paid. V C+4 F o l lowing a brief discussion there was a motion by Council- A Authorizing T) a- -n ment of interest mcnqber Scott and seconded by Councilmember Lhotka to authcriza the payment of $2,340 to Joslyn Manufacturing and Supply Company for interest arising out of a final settle- rnna of a condemnation case for open space land acquisition Find that this interest be paid out of the Open Space Land �A(:q Fund, Voting in favor: Mayor ! Council- i Kuefler, Fignar, Lhotka, and Scott. Voting against: none. Tho motion passed unanimously. 1 Gene Lhotka introduced the following resolution and RESOLUTION ri its adoption. NO, 78-47 RES APPROVING PLANS AND SPIX,'IFICATIG)NS FOR THE rp . H. 1 - A "Y I L ,I TRAFFIC SIGi,, T T ,, S.L IL , I CHANNELIZATION AT 66TH 1 1 1- N E -j'\JJ01 AND HAZARD IDE1\JTIFI( BEACOINTS AT 69TH A \T -11) 73RD AVENUES NORTH, Th c n ic ,-on for the adoption of the fore-going resolution was duly 'U11(J-d by member Bill Fignar, and upon vote being taken thereon , the lollowing voted in favor thereof: Dean NlyqUiSt, T Tony Kciefler, 13111 Fignar, Gene L hotka , and Scott, and th-- -following voted agains" the same: none aVherc-upon said resolution was declared (July passed and adcpted. Member Bill Fignav int the following resolution and RE,',- NO, 78--48 "joved ii. aelopflor?: '11 - 1 T I [I];') NIFSOIA 'E dA%JijG TO MINN 7 AGRJ:1 [A E� NO. 58978 A IN �sT!"\ TION 01 - ,T I, I: T .1 G 0 N � J � 0 L S I G I\, WITH STIZ LA G I 16 A'1' 66TI1 AVENUE NOPTH AND HAZARD IDE)'41 TJW BEA(X S ON 1'. 1 . I . I69 AT 6 91' 11 A N L) 7 3 R D A VTJ'd [J Es NORTE The motion for the adoption of the foregoing res,( was duly secomled by member Tony Kuefler, and upor, vote tieing taken thereon, the following voted in favor thereof: D-can 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 Member Tony Kuefler introduced the following resolution and NO 78-49 moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTIRAC]. FORM (DISEASED SHADE TREE REMOVAL CONTR.Z\CT 19 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 Cella Scott, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION C 4 Member J. Scott Introduced the following resolution and NO 78-50 moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 77-247 RELATIVE TO REQUESTING APPROPRIATION OF M.S.A. FUNDS TO T.H. 152 PEDESTRIAN BRIDGE 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 following Scott; and the voted against the same: none, L j whereupon said resolution was declared duly passed and, adopted. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 78-51 moved its adoption: RESOLUTION RELATING TO MEMBERSHIP IN SUBURBAN PUBL HEALTH NURSING SERVICE, INC. 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 I Member Gene Lhotka introduced the following resolution and NO. 78-52 moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 7, 000 GAT LONE OF FUEL OIL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon voto being taken thereon, the follc) voted in favor thereof: Deai 3 i Tony Kut,ilry3 B 1 3.1 lalr"d (:he following Voted against tho same: said resolution was declared duly V;E ssed arld adopted. orn er 1 13i] I.Figriar introduced the f ollowing resolution, RESOLUTION and moved - its adoption: NO. 78-53 REk AT)'THORIZTNG THE PURCHASE OF PAGERS WITH ACCESSORIES FOR THE FIRE DEPARTMENT 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 a dopt e d, Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 78-54 IZESOLUTION URGING THE STATE LEGISLATURE TO APPROPRIATE FUNDS FOR AERIAL HEAT LOSS PHOTOS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being Laken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gone Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. N/1-ayor Nyquist again asked if there was anyone present that Open Forum - vv i s �hed to address the City Council through the Open Forum. There being none, the Open Forum was closed. _N/1 e, r nber Celia Scott introduced the following ordinance and ORDINANCE Further moved its adoption, provided, however, that for the NO 78-3 purposes of the minutes of the proceedings of the City Council tl�e text of the ordinance shall be attached to the minutes, and be -3 par-, thereof: AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE C fl � T ;\T -i SSES OR CO MINITER TAT, ESTABL OFF-EIRING 4TT 31 l AS SAUNA SATHS, REQUIRING A LICENSE TO OPERATE SU C H - 1 2 A C T T T �-j i U�ITIES AND 1 E - 'V S JTABLLSHING STANDARDS FOR THE (:,0-'\ STRTJ OPERATION AND MAINTENANCE OF THESE F!VCILITI ES The motion for the adoption of the foregoing ordinance was duly s--cx) by member Gene Lhotka, and upon vote being taken the following voted in favor thereof: Dean N'yquist, Tony Kuc- fler, Bill Fignar, Gone Lhotka, and Celia Scott; and thic following Voted against t to same: none whereupon said ordinance was declared --Iu'Lv passed and adopted. ' introduced the folllowtng ordina and ORDINANCE L'I , !novad its adoption.. provided, however, th�.?,t for -, the NO 78-4 p P C oUnC 1 4 ur * o s, s of the minutes of the proceed d ings of thic 1 j I y I the tex" of the ordinance shall he attached to the minutes and he a hart thereof: AN ORD)TNANCE RE(--1!T T IA(Tl`,'G TIFT. OPT AND MAIN7 IL 11, - " I 0 T` T,vU\' SA C; 1 1 - � TPAIRLUPS REO'UIRTING A LIkC'ENST, TO SUCH i. V T1f I F T S I L T.N - :1 S TA, S FOR TITE GOI\TS' RUCTION, T:-, �7� ik ' IND E . TA L I 1, JD" R 0 i. T\j T I I-VAI CE AT" 1) 0 PE 1 �, A rYl 0 "\,r 0 F SUCT' F CHATIES JV1 A N TIl INj A 20-78 '1 motion foF th(--1 adoption of the foregoing ordin inco Niva!" duly seeconldcd by Yr)eml)--r Tony Kucllfler, and upon vf, heinq n taken thereon, th.e followin voted in fa vor ther ' D - cof: �� A Nyqi,ii 'luci st, Tony Ifler, Bill Fignar, Gene Lhotka, a) ) )rid the following voted against the same: none.. whe.reupor) said ordinance was declared duly passed and adopted. ORDINANCE Member Celia Scott introduced the following ordinancc and NO. 78-5 moved its adoption: AN ORDINANCE AMENDING CHAPTER 30 REGARDING SPECIAL USES IN TI-IE C-2 (GENERAL COMMERCE) DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35-322 (3) (d) of the City Ordinances is hereby amended to read as follows: (d) Eating establishments offering 'live entertainment; recreation and amusement places such as motion picture theaters and LL L - legitimate theater; sports arenas, bowling alleys; skating rinks; recreation centers; gymnasiums and athletic clubs; and healt sp all provided they do not abut any R-1 , R-2, or R-3 district, including abutment at a street 'Line. Section 2. Chapter 35-322 (3) of the City Ordinances is hereby amended by the addition of the following: il� Sauna establishments and massage establ1.shmen provided they do not abut _qn i Ci y residential (R--1 throu R -7 di strict, inciud abutme � .t a str line_ Section 3. Chapter 35-900 is hereby amended in part, by the addition of the following: Massage Rubbing, strokincr, kneading, to 222:inq or_rol_li---,T Of the body of another with the hands for the exclusive puT es n�se f physical fitness, relaxation, beautification and for no other Pumose. Sauna - Steam bath,._ hot water bath, or heat bath of heat l amas and any .such room or faci sp-2fiW y_ constructed therefor, used for the Purposes of ba-t1ino. relaxing or reduc utilizing qteam_,, iot air t 7 a 1 r or heat lamps as a cleanina, relaxing, or reducing agent. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publi- cation. Adopted this 20th day of March, 1978. 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 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. 3-20-78 To Ordiriance Arfiending ced that the next Rem of bu inoc Tor quist announ F 1; o fin ance G"hapter I/, by the City Council 'v. /as an o� inance amePding l2 of the City Ordinances, The City Manager introduced the item by stating that this rd in ance amending Chapter 12 is recommended for the ­Uroose of clarifying rental dwelling license application .i to require any person holding an operating cense to give notice to the City within 5 business days _s to any change in the license application. He noted ent was reviewed and recom h at this ordinance amendment M ended by the Housing Commission at its March 14, 1978 meeting. Councilmember Scott inquired if rental dwelling license holders would be notified of this change in the ordinance. The City Manager responded that they would. to response to an inquiry by Councilmcmber Kuefler, the Al.,irector of Planning and Inspection stated that one of the purposes of the licensing requirement of rental property to assure that the. City is aware of the current legal rship and how to contact that ownership, including service of legal complaints and notices, He added that CU ­nother purpose is to assure that the City knows the current procedure and persons responsible for resolving I li.egitimate maintenance and occupancy complaints. He s ', al that the ordinance currently provides that the City L _1 t L. -hall be notified within 72 hours of any transfer of owner- ship or legal control. He pointed out that a problem has recently arisen in which owners not transferring ownership or legal control of the property, have moved or changed ,-heir address without notifying the City of this change, I , He further stated that the licensing clerk and the housing insiDector have experienced some difficulty in reaching owners because they have moved or changed phone numbers and caretakers rental agents, and also estab- JAshed ( handling procedures have changed in many complexes, to the extent that not only the City, -,ut also the tenants, are unaware of the current personnel .-i-I procedures. Ile explained that the current ordinance t _"o e s n specspecify y that the City must be informe d of L. hese Other than a transfer of ownership or a change in _esid. managers. He noted that the recommended ordinance amendment - wculd clarify - this situation by requiring chat notice be given to the City when there is criarge in any information required under Section 12-903 of the ordinance. II I Further urt disc sion ensued relative to the recommended Ordinance amendment, with the Director of Planning and 'a stating that the Housing Commission fecorn- mended changing the amount of time for notifying the as- to any change in the status of the license ap, iication from the current 72 hours to five business days Fc.Ilowing furtiler discussion there was a motion by Council- OR D I NTA N C E - en;_' , 0 ' irst Reading -1, _1),z, Kueflcr and seconded by Councibmem' er Fiqnar to F C for first reading an ordinance amending Chapter 12 of tbe City Ordinances relative to rental dwelling license r, r) L 1 jc� fa 'Aa or s --i'ion information. Voting in - vor: 2 , y Nyqui t 'Kuefler, Ftgnar, Lh(_Aka, and Scot Voting none,, 'The motion passed unar-timously, Ord Amending Mayor Nyquist annoi-raced tha"L the next iteril for Clolmcill. Chapter 19 considenc Lion was an ordinance amending Chapter 19 of the City ordinances. The City Manager introduced the item by stating that Ill is ordinance amendment is recommended for the purpose of establishing a local ordinance regarding obsenity which would prohibit and regulate the dissemination of pornography and related materials within the City. He explained chat the Assistant City Attorney has drafted a memorandum relating he City. He commented - to the regulation of obsenity in 4 L briefly on the recommended ordinance. ORDINANCE Following a brief discussion there was a motion by Council- First Reading member Fignar and seconded by Councilmember Lhotka to offer for first reading an ordinance amending Chapter 19 of the City Ordinances prohibiting and regulating the dissemina- tion of pornography and related materials within the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Council• members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Kuefler left the table at 8:03 p.m. Planning Commission Mayor Nyquist announced that the next item on the agenda Application No. 78005 was consideration of Planning Commission Application No. (Residential Alternatives) 78005 submitted by Residential Alternatives. The City Manager introduced the item by stating that the applicant was seeking approval of a special use permit for a residential care facility for eight clients at 5449 Lyndale Avenue North. He explained that this item had been consid- ered by the Planning Commission at its February 23, 1978 meeting and by the City Council at its February 27, 1978 meeting. He added that the Council had tabled the applica- tion and referred the matter to the Southeast Neighborhood Advisory Group for further review and comment. He pointed out that the advisory group met on Monday, March 13, 1978 and had recommended approval of the application. Councilmember Kuefler returned to the table at 8:05 p.m. The City Manager referred to minutes of the Southeast Neighborhood Advisory Group meeting and commented that the group had recommended approval of the request for a special use permit in accordance with the conditions recom- mended by the Planning Commission. Motion to Approve Following a brief discussion there was a motion by Council- Planning Commission member Fignar to approve Planning Commission Application Application No. 78005 No. 78005 submitted by Residential Alternatives noting the Planning Commission's recommended conditions of approval. Councilmember Lhotka seconded the motion for purposes of discussion. He briefly reviewed the application and noted the Planning Commission's recommendations and commented that the City Council had tabled the matter for review and comment by the Neighborhood Advisory Group. He explained that the applicant was seeking a special use permit because they proposed to have eight clients living in the group home rather than the six permitted by State law. He noted that if the applicant had proposed to have only six clients in the group home a special use permit would not have to be obtained and this matter would not be before the City Council, He pointed out that, therefore, the matter of concern before the City Council is the number of clients to be permitted in the group home which is the substance of the special use permit. Ile stated that the reason the matter had been referred to the Southeast Nleiqlhlborhood Advisory Group was to g i v e n e i q I i b o 1 v i a ^ n the are, applicant anotho- L I .nd the C! ­)rtm i' to meet with each olhor anid hopc:Jully to clear up ij -1.p V misunderstandings that seeined to exist at th.e time the matter was considered by the Council. Councilmember Lhotka requested that the meeting be opened for comments from persons in attendance relating to this application. Mayor Nyquist opened the meeting and recognized Mrs. jackson, 5445 Lyndale Avenue North, who expressed concerns about the aesthetics of the proposed group home. She stated that her home abuts the proposed group home site and added that there are many windows on that side of her property and that she is quite concerned that the home-be something decent to look at. She further stated that she felt that eight clients in the group home was too many for the proposal. An unidentified citizen inquired if eight clients would be the maximum permitted in the group home and who had the responsi- bility for insuring that no more than eight clients would utilize it, The City Manager stated that eight clients would be the maximum number permitted in the group home and added that the State is responsible for licensing these types of facilities and is responsible for insuring that no more than eight clients utilize it. He added that the City would periodically review this matter as well to make sure that conditions of this special use permit were being met if the City Council were to approve the application. Ri response to an inquiry by Councilmember Fignar, Mr. Dave Gee, the applicant, stated that basically the design of the horcie is a one level type home similar in nature to many homes in Brooklyn Center. Councilmember Fignar inquired if a fence was required between the proposed group home and the property at 5445 Lyndale Avenue North, Councilmember Lhotka responded that to his recollection fencing in this area was not discussed and the only fencing that would be required involved screening around open parking spaces consistent with the provisions of the zoning ordinance. Coi-mcil'- Fignar withdrew his motion by approve the Withdrawl of Motion application stating that he was not aware of many of the to Approve Application questions associated with this application because of his absence at the last Council meeting when the application was discussed. He added that for this reason he did not feel it would be appropriate for him to make a motion to approve the application. Further discussion ensued relative to the application with 1vi r. Gee stating that it was his understanding that the only fencing or screening which would be required would involve the parking area if there was parking for more than six spaces. Nlayor Nyquist recognized Mr. Jackson, 5445 Lyndale Avenue North, who stated that he did not feel it would be appropriate for the Council to approve this application until a matter involving his paying of the taxes on the property in question is clarified. Mayor Nyquist respond that the matter of paying taxes on the property did not have all effect on this application. He pointed out that it was a loc.Tal mtatter between Mr. jackson and the previous, owner - it Mr. Jackson c�E t he c , ,pplicant 's prcpe rty ,, Ho suggc Aed what contact -the City Assessor regarding the assessin of the Mayor Nyqoist aoain rc,, Jack. soft who sod loci dissatisfaction with t applicant's proposal that the ey:terior of the group home be covered with _roughs awn c . In response to an inquiry by an unidentified citizen, the City Manager stated that State Statutes explicitly state that residential care facilities involving six or fewer clierits shall be deemed permitted single family residential uses for purposes of zoning. Councilmember Kuefler, referring to an earlier comment about the particular type siding the applicant intended to use on the proposed site, stated that he felt the City might be overstepping its authority to require a certain type siding for the residential care facility. The Director of Planning and Inspection pointed out that the ordinance does not require plan approval of a single family home and that the City would not require a certain type siding if the applicant had pro- posed a facility for only six clients. He added that he, therefore, felt it would be inappropriate to require a certain type siding with respect to this application. Action Approving Following further discussion there was a motion by Council- Planning Corrimission member Lhotka and seconded by Councilmember Scott to Application No. 78005 approve Planning Commission Application No. 78005 submitted (Residential Alternatives) by Residential Alternatives, Inc. subject to the following conditions: 1 . A special use permit is issued to the applicant as operator and is nontransferable. 2. Issuance of the permit is subject to all applicable codes, ordinances and regulations, includ-Drig special licensing, and violation thereof may be grounds for revocation. 3. A copy of the current State operating license shall be kept on file with the City. 4. There shall be provision for adequate cj{,f --street parking as determined by the City includiing install- ation of screening around open parking spaces under the provision of the zoning ordinance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. Council-member Fignar abstained indicating that he felt it would not be appropriate for him to vote on this application because he was not well versed on the subject. Planning Commission Mayor Nyquist announced that the next item of business on Application No. 78008 the agenda was consideration of Planning Commission (Phillip Neese) Application No. 78008 submitted by Phillip Neese. The City Manager introduced the item by stating that the applicant was requesting preliminary plat approval for two R-I lots from property at the southwest corner of 69th Avenue North and West River Road. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78008 and the Planning Commission action at its March 9, 1978 meetincT. He reviewed transparencies showing the location L and configuration of the property in question and commented on. the amount of property which would have to be dedicated for futi-l-a upgrading and widening of T.H. 169 and 69th. J 'IV­DL;0 1\10rth. He also ro�viewcd za trai.7,­ , eiicy of the master :3 u ,, (Jivi;, plan for the entire area botwoon Bryant Avenue and Wes River Road from 68th to 69th Avenue. He explained that both the State and County Highway Departments have found the recommended access to these properties along G9th Avenue and West River Road acceptable, provided that the driveways are located as far as possible from the inter- section. A discussion ensued relative to the proposed plat and the master subdivision plan for this area. Councilmember Fignar inquired if this proposed plat conforms with the best design r this entire area. The Director of Public Works responded that the master plan for the area had contemplated and eventual extension of 5th Street North into this area and a cul-de-sac going northeasterly of the extended 5th Street North to service the southwest portion of the property in question. He explained that this would be the most ideal situation for access to this property but it is not as economically reasonable for the lots contemplated in this application. He noted that one neighbor is very much opposed to the cul-de-sac concept because of the amount of dedication which would be needed for such a roadway. He reiterated that both the County and Stan have reviewed the plat in question and have indicated that ideally they would prefer no access on to 69th Avenue North and West River Road from this property but that they feel as long as the accesses are as far as possible from the intersection, they have no objection. Mayor Nyquist opened the meeting for purposes of a public Public Hearing hearing regarding Planning Commission Application No. 78008 He recognized the applicant, Phillip Neese, who stated that he had nothing further to add to the application. No one else wished to be heard regarding this application. Motion by Councilmember Scott and seconded by Council- Close Public Hearing member Lhotka to close the public, hearing on Planning Commission Application No, 78008. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott, Voting against: none. The motion passed -manimously. The City Manager suggested that the City Council might want to considering, as a condition of approval of this application, requiring the applicant to provide a "T"' type driveway or a turn around type driveway so that vehicles seeking access from this property onto either 69th Avenue North or West River Road would riot have to back out onto these roadways. In response to an inquiry by Mayor Nyquist, the appli- cant indicated lie had no objections to such a requirement. Foilowing further discussion there was a motion by Action Approving Council.mcmber Kuefler and seconded by Councilmember Planning Commission Fignar to approve Planning Commission Application No. 78008 Application No. 78008 sub-nQitteci by Phillip Neese subject to the following conditions: (Phillip Neese) I . Final. plat is subject to approval by the City Engineer, Z. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. -78 -4 0- 3. The drive , r , ,iav on the proposf. lot 14o. shall Lc located as close, as posslblie to trie sotith icA an(i the Ji - iveway on the proposed lot 2 shal.] ho locate fl as close as possible to the west lot 1 1 inc , as approved by the City. 4. The applicant shall provide turn around or T type driveway as approved by the City so that access onto 69th Avenue North and West River Road can he gained without backing onto these roadways. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Planning Commission Mayor Nyquist: announced that the next item of business or.- Application No. 78011 the agenda was consideration of Planning Commission Appli- (Pilgrim Cleaners) cation No. 78011 submitted by Pilgrim Cleaners. The City Manager introduced the application by stating that the applicant was seeking preliminary plat approval to combine commercial parcels at the southeast corner of 69th Avenue North and Brooklyn Boulevard. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78011 and the Planning Commission action at its March 9, 1978 meeting. He explained that the applicant sought approval of a pre- liminary plat which would combine the two properties located at 6846 and 6850 Brooklyn Boulevard. He explained that this combination was required by Section 35-550 of the City's Zoning Ordinance and had been stipulated as a condition of approval of Planning Commission Application No. 78010. He reviewed a transparency showing the location and configuration of the property in question and explained that the property had not been previously platted and that the proposed plat would eliminate a lengthy meets and bounds description. Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78011. Iv Nyquist recognized Mr. Don Rosen, the applicant, who stated that he had nothing further to add to the appli- cation but requested that the City provide a sketch depicting where the easement for the sidewalk on 69th Avenue North would be located. No one else wished to be heard with respect to Planning Commission Application No. 78011. Close Public Hearing Motion by Councilmember Fignar and seconded by Council- member Lhotka to close the public hearing on Planning Commission Application No. 78011. Voting in favor: Mayor Nyquist, Councilmembers Kulefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Action Approving Following a brief discussion there was a motion by Council- Planning Commission member Kuefler and seconded by Councilmember Scott to Application %No. 78011 approve Planning Commission Application No. 78011 submitted (Pilgrim Cleaners) by Pilgrim Cleaners subject to the following conditions: I Final. plat is subject to approval by the City }engineer; -1) ,... 3-20 -78 2. Final plat is subject to the requirernEn<<ts of Chapter 15 of the City Ordinances, 8. An easement for pedestrian walk way purposes shall be provided alone 69th Avenue as approved by the City Engineer. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Director of Planning and Inspection next proceeded to review Planning Commission Planning Commission Application Nos. 78012 and 78017 submitted Application Nos. 78012 by Rozetla Gunderson. He stated that this application had been and 78017 (Rozella considered by the Planning Commission at its March 9, 1978 Gunderson) meeting. He explained that Application No. 78012 was for preliminary plat approval for six new R -1 tots from property on the 800 block between 68th and 69th Avenues North while Application No. 78017 consisted of a variance request from Chapter 15 of the City Ordinances regarding dimensions of a proposed cul -de -sac road. The Director of Planning and Inspection next reviewed transparencies showing the location and configuration of the property in question and stated that at present the subject property was two long narrow parcels extending from 68th Avenue to 69th Avenue. He explained that There were houses - at the north end of each parcel on 69th Avenue and that the proposed subdivision comprehended a subdivision creating a total of six new lots, He further stated that access would be provided by extension of Ai.drich Avenue which would end in a cul -de -sac and that full right -of -way would be dedicated for Aldrich Avenue, but that a reduced cul -de- sac radius was proposed which encompassed the requested variance. He added that the master plan for this area anticipates that -eventually a roadway located approximately half way between 08th and 69th Avenues, running east and west, would tie in with this proposed cul -de -sac, He noted that the subdivision ordinance required a 60 foot radius cul -de -sac and indicated that such a radius in this case would affect the lot sizes of the lots proposed on the cul- de-sac in such a way as to create a need for variances on the lot sizes. He reported that with the future development of the contemplated roadway the variance would be negated because there would be a corner provided and the cul -de -sac would be unnecessary. He added that there are other cul -de -sacs in the City coi_npa_rable in size to the one proposed under this appli- cation and that the turning radius provided was sufficient for maintenance and emergency vehicles. A brief discussion ensued relative to the applications in question with the Director of Planning and Inspection explaining that a plat I s really a plan for future development and dedication which is .Legally acknowledged. Mayor Nyquist opened the meeting for purposes of a public hearing Public Hearing and recognized Melba Evenson, owner of the property to 'the east of the subject property, who expressed her dissatisfaction with the proceedings, She explained that she felt things were being done backwards with the Council considering approval of a plan for single family residential lots before a petition has been carried for street construction. She pointed out that she did not feel it would be proper to build homes on these proposed single family lots before the matter of street construction is considered. _.. 2 0 .7 8 -12 The Cify . 7(-, , r responded 'Chat after approval of th(' plat oridt the fil of 'Lli( p) street and utility construction - ,would have to be un(.Icrtal; on before or at least concurrentiv , widh the building olf on this property. He noted that houses would not be pe�rmit ed to be built prior to consideration of the matter of streets. The Director of Public Works explained that the first step in the development of this area is the plat, He pointed out that property owners would then request a street and utilities to service this property and that a petition would then be prepared and carried in the ai He explained that following the submission of the petition the City Council would hold a public hearing regarding street construction and the installa- tion of utilities, Mayor Nyquist again recognized Melba Evenson who sited. Minnesota Statutes and 'indicated that 51% of the property owners must petition for street construction before a road can be constructed. She added that it seems like there are plans for a street before the petition has been received. Councilmember Kuef ter responded that the City Council must allow people to develop L their property if they so wish pro- vided they meet certain guidelines and requirements for this development. He explained that the sequence for orderly development of an area is that a property owrer would show a plan and dedicate roadway for the development of the area. He exDlained that once the plan, or platting, has been approved as meeting certain guidelines then the property owner and other affected property owners would petition for the various improvements. The City Manager reported that the section of Minnesota Statutes previously alluded to regarding the petitioning of a City for public improvements states that if 51% of the affected property owners sign a petition in favor of an improvement, the City Council must conduct a public hearing on the project. He pointed out that a public hearing must also be held if 37 of the affected property owners petition in favor of a specific improvement and that a City Council can then only approve the construction of the project by an extraordinary vote of the Council. The City Attorney concurred with the City Manager's state- ment and added that platting of property is the proper first step in the development of it. Mayor Nyquist recognized the applicant who stated that she had nothing further to add to the application. Close Public Hearing Motion by Councilmember Scott and seconded by Council- member Fignar to close the public hearing on Application Nos. 7801.2 and 78017. Votincf in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, The motion passed unanimously. The Director of Planning and Inspection stated that the Council should f irst consider Application No. 78017 regarding the variance on the cul-de-sac and then consider Applica- tion No. 78012 regarding the preliminary plat. _I 3- 3- 2 0.-78 rotlowing a brief d[scussion the P there: was a motion by Council- Action Approving Planning , ! mo Fignar and seconded by Council mc nib If Lhotka to Commission Application approve Planning Commission Application Kjo. 78017 submitted No. 78017 (Rozella by Rozella L. Gunderson, relative to the dimensions of the Gunderson) cul-de-sac street, for the following reasons: There are special circumstances or conditions affecting said property such that strict applica- tion of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. The granting of the variance will not be detrimental to.the public welfare or injurious to other property in the territory in which said property is situated. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Following a brief discussion there was a motion by Council- Action Approving Planning member Lhotka and seconded by Councilmember Scott to Commission Application approve Planning Commission Application No. 78012 submitted No. 78012 (Rozella by Rozella L. Gunderson subject to the following conditions: Gunderson) I . Final plat is sub to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanii The Brooklyn Center City Council recessed at 9:08 p.m. Recess and resumed at 9:24 p.m. Nfayor Nyquist announced that the next item of business Planning Commission on the agenda was consideration of Planning Commission Application No. 78013 Application No. 78013 submitted by Richard Sheehy. (Richard Sheehy) The City Manager introduced the item and stated that the applicant is seeking a special use permit for an athletic- health club in the C-2 district at 6120 Earle Brown Drive. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78013 and the Planning Commission action at its March 9, 1978 meeting. He reviewed a transparency showing the location and configura- tion of the property in question and stated that health and athletic clubs are permitted special uses in the C-2 (commercial) and I-1 (industrial park) zoning districts. He explained that two nontransferable special use permits for comparable health clubs had been issued to the property siInce it was built in 1974. He further stated that those applications were treated as amendments to the original special use to allow an office building in the 1-1 zoning district. He further explained that the facilities, including racketball courts, were originally comprehended to serve tf'oo occupants of the building, and that the owner now 4 elected to have the facility r.ivailable to the pul it t w o - i o n �A� s - h i, c ; 1 1 - 1 :`1 °; : ­ added t , unlike the -wo previous applicat submitted by privy vcndors, this applicant the ownership of the building. Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearinq on Planning Commission Application No. 78013 He recognized the applicant who stated that he had nothing further to add to the application. A brief discussion ensued relative to the application witl the Director of Planning and Inspection responding to a question by Councilmember Scott by stating that the occupants on the eighth floor of the office building, where the propose(-,' athletic-health club was located, shall not exceed 200 persons at anyone time and that this was a building code regulation representing the maximum occupancy allowable for that floor. In reponse to an inquiry by Councilmember Kuefler, the Director of Planning and Inspection stated that the applicant is not planning to sell other sporting equd and that the Planning Commission has recommended that retail sales be limited to items clearly incidental arid related to the operation of the facility and other sunderies normally found in office buildings such as tobacco, beverages and candy. Close Public Hearing Mayor Nyquist inquired if anyone else wished to be heard with respect to this application. No one wished to be heard. Motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing on Planning Commission Application No. 78013. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka , and Scott. Voting against: none, The motion passed unanimously. Action Approving Following a brief discussion there was a motion by Council - Planning Commission member Lhotka and seconded by Councilmember Scott to Application No. 78013 approve Planning Commission Application No. 78013 submitted (Richard Sheehy) by Richard Sheehy subject to the following conditions: 1 The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to all applicable ordinances, codes and regulations, and violation thereof shall be grounds for revocation of the permit. 3. The occupancy on the eighth floor at any given time shall not exceed 200 persons. 4. Retail sales shall be limited to items clearly incidental and related to the operation of the facility and other sunderies normally found in office buildings such as tobacco, beverages, and candy. 5. The hours of operation shall be 6:30 a,,m. to 10:30 p.m. , Sunday through Saturday. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, _15- 3-20-78 Mnyor Nyquist announced that the n(- item of business on Nanning Comaiis-cion the agenda was consideration of Planning Commission Anr)li•- Application No. 78014 cation No. 78014 submitted by Brookdale Covenant Churc (Brookdale Covenant He stated that to avoid any inferrence that there is a conflict Church) of interest lie will abstain from participating in the considera- tion of this application as he is a member of the Brookdale Covenant Church. Mayor Nyquist then passed the gavel to Mayor Pro-tem Fignar. The City Manager introduced the item by stating that the applicant was seeking special use permit for a day care facility at 5139 Brooklyn Boulevard. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78014 and the Planning Commission action at its March 9, 1978 meeting. He explained that the application represents a request for a special use permit to operate a nursery school in the Brookdale Covenant Church. He added that the City Council on June 28, 1976 had approved a similar request at the same location by the North Suburban YWCA under Application 76037. He noted that the nursery school would be operated much the same as it had been under the YWCA management, and that the proposed operation was for three days a week from 9:30 a.m. to 11:45 a.m. - h e Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the property in question and a brief discussion ensued relative to the application. 1\/.Tayor Pro-tem Fignar recognized Reverend Harry Westberg, who represented the applicant. Reverend Westberg, responded to --, question by Councilmember Kuefler by stating that the proposed use is an educational project involving approxi- nitately three hours a day, three days a week. In response to an inquiry by Councilmember Lhotka, Reverend Westberg stated that the church is hoping that Proceeds gained from this nursery school operation will pay for itself, but that the church is not necessarily looking for this operation to be a financial success, He noted that the YWCA wanted to have a five day a week operation so that it would be financially beneficial to continue the operation of the program. He added that the church feels it is a worthwhile program and wishes to continue it. 1 Pro-tern Fignar opened the meeting for purposes of a Public Hearing Public hearing on Application No. 78014. No one spoke relating to the application. ivlotion by Councilmember Kuefler and seconded by Council- Close Public Hearing member Lhotka to close the public hearing on Planning Commission Application No. 78014. Voting in favor: , N11'aYor Pro-tem Fignar, Councilmembers Kuefler, Lhotka., a.nd Scott. Voting against: none. The motion passed. INT , iayor Nyquist abstained as he was not Participating in the consideration of this application to avoid any inferrence 4: Of a conflict of interest. Following further discussion there was a motion by Council- Action Approving Scott and seconded by Councilmember Lhotka to Planning Commission !)rove Planning Commission Application No. 78011 submit- Application 1"10. 78014 te-Li 'by Brookdale Covenant Church subject to the following Covcnant I Tho permit is Lssuelrl to the applicant as Unto opc of the facility and is not transferable. 2 The permit is subject to all applicable ordinances, corlo. and regulations, and violation thereof shall be grounds for revocation. 3. A copy of the current State license shall be kept on file with the City. 4. The permit is subject to annual review Voting in favor: Mayor Pro-tem Fignar, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. Mayor Nyquist abstained to avoid any inferrence of a conflict of interest. Mayor Pro-tem Fignar then passed the gavel back to Mayor Nyquist. Planning Commission Mayor Nyquist announced that the next item of business on Application No. 78016 the agenda was consideration of Planning Commission (John Calder) Application No. 78016 submitted by John Calder,, The City Manager introduced the item by stating that this application is a request for a variance from Chapter 35 to permit an addition to a nonconforming single family dwelling at 5336 Dupont Avenue North. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78016 and the Planning Commission action at its March 9, 1978 meeting. He reviewed transparencies showing the location and configu- ration of the applicant's property and stated that the lot was zoned R-2 (one and two family residential) and that it exceed- ed ordinance standards for width and area . He explained that the house was built in 1929 and that it is located approxi- mately 22 feet from the front property line. He reported that since the Zoning Ordinance requires a 35 foot setback, there is a 13 foot front setback deficiency,, He added that neighboring houses are also deficient as to front setbacks and this was a relatively common occurrence in the southeast neighborhood. He noted that the proposed 10 foot by 12 foot addition was within the ordinance setback standards and did not aggrevate the noncomplying situation. He stated that the electrical and plumbing systems have been upgraded in this dwelling, and that the Building Official has reported that the dwelling appeared to be in sound condition. The Director of Planning and Inspection also reported that there have been similar variance actions approved in recent years, including Application Nos. 75016 and 76042. He explained that approval of these applications was generally based on the findings that the request satisfies the intent of the ordinance standards for variances, and noted in partic- ular that the situation was not created by the applicant, and that the proposed addition does not involve the yard deficiency. A brief discussion ensued relative to the application with Councilmember Kuefler commenting that the applicant's proposed addition seems to fit today's standards and that the problem exists in that the original home had noncomply- ing features and, therefore, the need fora variance. --17 -. 10-20-78 T-Aayor Nyquist opened thr meeting for purpos(- of a public Public Hearing hearing 1,)1 Application No. 78016 and recognized the applicant, John Calder, who stated that he had nothing further to add to I application. Ne orie else wished to be heard on Planning Commission Application No. 78016. Motion by Councilmember Scott and seconded by Council- Close Public Hearing member Fignar to close the public hearing on Planning Commission Application No. 78016. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Following a brief discussion there was a motion by Action Approving Councilmember Fignar and seconded by Councilmember Planning Commission Lhotka to approve Planning Commission Application No. 78016 Application No. 78016 submitted by John Calder because the noncomplying situation (John Calder) was not created by the applicant; the proposed addition does not involve the yard deficiency; and similar actions for neighboring and area properties have resulted in an improve- ment of the area and the southeast neighborhood; subject to the following conditions: 1 . The proposed addition shall conform with applicable yard setback requirements. 2. The exterior finish of the addition shall be compatible with that of the dwelling. 3. Construction shall be in accordance with all applicable codes as determined by the Building Official. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, T '- .L,itotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager reported that the City Council had received Local #49 Contract a memorandum from the Local #49 Metropolitan Area Managers Association (MAMA) bargaining committee explaining a new proposed contract for the Local #49 Union for 1978-1979. He reported that the Council also had received a copy of memo- randum of understanding amending the current 1977-1978 Local 4-49 agreement. He explained that in December, 1977 the q!7, , neral Tabor Relations Committee of MAMA received a letter fronn the Local *49 Union Officials on the possibility of reopening the 1978 Public Works settlement. He stated that discussions with Local #49 determined that if there was to be a reopening of the 1977-78 contract, it would have to be co ' upled with an acceptable settlement for 1979. He reported that subsequent meetings took place that resulted in a r--commended memorandum of understanding which would Increase the insurance contribution for Local #49 employees to $65 a month in 1978 and $72 a month in 1979. He explained that the average monthly insurance contribution for Metropolitan area cities in 1978 for employee groups other than Local 4 - 49 will between $68 and $70 a month. He added that it is also recommended that the 1978 settlement be modified and one additional year to the present contract be added which would call for a 6.8 salary increase for 1978 and a 6,2 salary Increase for 1979 . He noted that the current contract called for a 5.9X, salary increase for these employees in 1978 and that, t1herefore, the increase, arriounted to .9% for 1978. The City Ivianagor r(- that principle advantage of acc.opting this pfoposai is that it cTives the} joint 49or ci.tir; one additional year on tho contract at a reasonable cost to the cities, I-le added that acceptance of this propo-,,al involvos only %, ,ages and in.1311rancE3 and that all term ! and conditions of the master contract, including local i.-sues, are deferred until when the 1980 contract year negotiations begin. He added that the total additional cost of this settle- ment for Brooklyn Center in 1978 will be $5,2750 pie con- cluded by stating that he recommends acceptance of the memorandum of understanding because the disadvantages of such an aareement are offset by the maintenance of basic contract language through 1979 at what is believed to be reasonable salary and fringe benefit costs. Action Authorizing Following a brief discussion there was a motion by Council- the Execution of an member Lhotka and seconded by Councilmember Scott to a Agreement authorize the Mayor and the City Manager to sign a memo- randum of understanding between International Union of Operating Engineers, Local 449 and the City of Brooklyn Center regarding an increase in wages and insurance contributions for 1978 and 1979. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. Police and. Fire The City Manager reported that both the Police and Fire Pension Bills Pension Bills have been passed by the House and Senate and have been forwarded to the Governer for his signature. He explained that the Police Pension Bill was passed in the same manner as it was propc)sed to the Legislature but that the Fire Pension Bill contained a modification which reduced the maximum monthly allowable pension benefit from $250 a month to $150 a month. He noted that during deliberation of the Fire Pension Bill by the Legislature there was some concern regarding the wording and structure of the bill. He further stated that it seems that the City's Pension Bill is worded some-what different from other Fire Pension Bills and that the State Legislature has recommended that a common format be used for these bills. He explained also that the effect the reduction in the amount of a monthly benefit means that if the City wishes to exceed a $150 a month benefit it will have to seek authorization to do so from the State Legislature. He concluded his report by stating that resolutions approving both the Police and Fire Pension Bills will be presented to the City Council for their approval as soon as possible following their enactment, Joint Airport The City Manager reported that it is expected that the State Zoning Board Legislature will pass a bill this week which addresses the airport zoning problem. He stated that the City Council in the fall of 1977 had reviewed and discussed the matter of airport zoning which would have had a great effect on a number of persons living in Brooklyn Center in the vicinity of the Crystal airport. He explained that at that time certain homes in various hazard zones around the airport would have been classified as being a nonconforming use status which would have eventually phased these homes out of existence He further reported that the bill that has been passed out of committee would reduce the nonconforming impact of this airport zoning question. He further stated that the Legisla- tion basically puts the Metropolitan Airports Commission (MAC) in a position where they must determine if certain areas around an airport are indeed hazardous and if they are --19- 20--78 ( riot allowed the option of decl<.rinq property in those zones as nonconforming uses but rather must purchase the property itself. lie also explained that the legislation calls for a joint airport zoning board which will review zoning matters with respect to property around airports. He added that this zoning board would be made up of representatives of surrounding communities and two members of the MAC. In response to an inquiry by Councilmember Kuefler, the City Mai stated that the legislation does not do away with the various zones previously reviewed by the City Council, but property within these zones can no longer be declared as nonconforming uses. He added that if it is determined that there is a hazard in these zoning areas the Metropolitan Airports Commission must buy the affected property through a condemnation proceeding. In response to an inquiry by Councilmember Scott, the City Manager stated that the airport zoning board will be established according to State law and operate under State regulations. He explained that a resolution will be presented to the City Council authorizing participation in this joint airport zoning board and naming persons to serve on that board. He added that the City Council should give careful consideration as to who should serve on this airport zoning board as representa- tives of the City. He noted that the airport zoning board will-be made up of ten members, two each from the cities of Brooklyn Center, Brooklyn Park, Crystal, and New Hope in addition to two members of the Metropolitan Aitports Commission. A brief discussion ensued relative to who should serve on the airport zoning board as a representative of Brooklyn Center, The City Manager reported - that the City Council at its Sanitary Sewer February 27, 1978 meeting had taken action to establish a Rates Study public hearing on March 27, 1978 for new proposed sanitary sewer rates and had also directed that an alternate step rate sanitary sewer rate schedule be developed for its considera- tion. He explained that the step rate concept would increase sa nitary r ani. .- sewer rates annually rather than setting a four year break even level rate schedule. He stated that a memorandum has been submitted to the City Council which comprehends this st rate concept. The 1 of Public Works reported that utilizing the step rate co. ,ceDt the sanitary sewer rate would be raised from M iz e Present $8.75 per quarter to $14.030 per quarter this year. He explained that this amounted to an increase from 4# per 1, , 000 gallons to 65� per 1 000 gallons . He added that the per quarter sanitary sewer rate would then be raised to $16.50 in 1979, $1760 in 1980, $18.70 in 1981 and $19.80 in 1982. He reported that a net accumulated deficit of $76,000 is estimated to occur at the end of 1978 under this step rate concept but a net accumulated gain of $33,000 is estimated to occur by the end of 1982 , I A lengthy discussion ensued relative to the use of a step rate concept and its effect on the sanitary sewer rate charges Councilmember Kuef ter inquired if it would be possible to have a lower per quarter sanitary sewer rate increase in 1978 and to nialKe up the deficit that would result later on. The Director of 'Public , . , 'Turks responded that he was not prepar ,to make such a recommendation at this time but that the s('WOr Mtc could be reviewed Prior to the public hearing and a Xroport rna(fi then. 0 - 7 t ' )' - 20- CouncOmenober Lfiotka, stated that he has received some caUt."; from persons ot fixed incomes that (are conCornecd about the sanitary sewer rate increases He inquired" if it was pO,­.;i_:.t!I- for the City to provide sorne type of subsidy or a lower rate L for pcople on a fixed income. The Director of Public Works responded that some communities surveyed during the sanitary sewer rate study do provide some type of subsidy but that it is generally based on a reduced usage of sanitary sewer and not only on a persons income. He pointed out that the City has survey data which indicates that elderly persons tend to use less water than do other persons He added that because of this it could be. construed to mean that they also use sanitary sewer facilities at a reduced rate. He recom- mended that any reduction in sanitary sewer rates be based on a determination that a certain group utilizes sanitary sewer facilities less than another group. He added that to base the charges on a persons income rather than usage might lead to challenges on the subsidy from persons of a higher income that would be excluded from the subsidy. The Director of Public Works also reported that if 10% qualified for the reduced rate it would cost other persons approximately 65� more per quartet to make up this difference. Counc Lhotka inquired of the City Attorney if there were any legal problems with respect to providing a subsidy based on a persons income. The City Attorney responded that this matter was looked at approximately three or four years ago and that at that time there was no legislation to support a reduction in rates based solely on a person's income. He. suggested that any subsidy be based on a determination that usage by a particular group is less than that of others. He added that he would review the matter for` a report at the next City Council meeting. Further discussion ensued relative to the sanitary sewer rate structure and the possibility of providing subsidies for certain users. Councilmember Lhotka commented that he would like to see the matter of providing a lower rate for the elderly based on an income limitation further pursued as to its legality Following the discussion it was the consensus of the Council that the City Manager provide information at the public hearing regarding a step rate concept for sanitary sewer charges and also information regarding the possibility of providing a lower rate for senior citizens and whether or not an income limitation could be utilized. 1978 Salary Adjustment The City Manager reported that when the Council established for Nonorganized salaries for nonorganized employees in December of 1977 Employees it was with the understanding that if other communities and other wage settlements occurred subsequently which resulted in higher wages for comparable positions, that the City should then take a second look at its 1978 salary adjustment. He explained that since that time other salary settlements indicate that the City's original adjustment for 1978 is comparatively low. He further reported that municipal nonorganized increases for 1978 in the metropolitan area averaged in the area of 6.6% to 6.8% while the City's increase was for 6%. He noted that the Council. had earlier this evening aqreed to adjust the Local 4 contract which would make their 1978 salary 6.8% over that of 1977. He recommended that the City Council consider giving a .8'/,- increase to noriorganized personnel. for 19 which would effective Apr 2 , 1978. He noted that the cost adjustment would be $6,160 and that there are sufficient monies avail- 2 3­20-78 in 'Ite unallocated labor account to `nizo)ce this increase. L L it k hl,­ added that he is aware that this is o_n unusual request but L It is felt that this adjustment is necessary to keep the 'L City's compensation plan in balance both internally and externally A brief discussion ensued relative to the City Manager's recommendation. In response to an inquiry by Councilmember Lhotka, the City Manager stated that generally salaries for nonorganized employees in the City have been 4 n line with L salaries for comparable positions in other communities. He pointed out that the area wide increase for 1978 was 6.8% which is .8% less than what was authorized by the Council in December. He added that with this recommended increase of .8%, salaries for nonorganized employees will be generally in'line with that of salaries for comparable positions in other communities. Following further discussion there was a motion by Council- Action Authorizing Salary member Fignar, seconded by Councilmember Scott to authorize Increase for Nonorg-anized the City Manager to increase the salaries of the City's non- Employees organized permanent full-time employees by .8% effective April 2 1978. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka showed members of the City Council a Pot Pipes pipe, commonly referred to as a pot pipe. He explained that a resident of the community had given him this pipe and had explained that they are currently being sold at Brookdale. He expressed his concern for the availability of these types of pipes and inquired if there was anything the City could do to prohibit, or lim1t, the sale of 'these items. The City Manager responded that he doubted if there was anything the City could legally do to prevent the sale or distribution of these pipes. He explained that although they are generally used for the purpose of smoking illegal substances, they are not in and of themselves an illegal device. He suggested that if the Council so desires, it should express its concern over the sale and distribution of the devices Councilmember Lhotka requested and the rest of the Council concurred, that the City Manager prepare a letter outlining the Council's concern and forward it to businesses selling and distributing these type of devices. Mayor Nyquist requested that a copy of the letter also be sent to the Brooklyn Center Chamber of Commerce. Motion by Councilmember Scott and seconded by Council- Licenses member Kuefler to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Brooklyn Center American Little League 6835 Colfax Ave. No. Nature Food Center 1328 Brookdale Center GASOLINE SERVICE STATION LICENSE Plum Company 6840-20 Shingle Crk. Pky. EiOUSEMOVEIRIS LICENSE 'Safeway Housemover's, Inc. 23590 jamaca Z, - MEC HANICAL SYSTEMS LICENSE. Carl.;on Store Fixture Co. 137 E. Island Ave. The Minn Shoppe, Inc. 110 Hamel Road NON VENDIN MACHINE LI CENSE Robert Book 7617 Ut - tity Ave, N. Chuck Wagon Inn 5720 Morgan Ave. IN Happy Dragon Restaurant 5532 Brooklyn Blvd. Ma.rio's Speed Wagon 5742 Morgan Ave. N. Cass Screw Co. 4748 France Ave. N. Hames Vending, Inc. 1015 S. 6th St. Schmitt Music 2400 Freeway Blvd. SP F OOD H LICE LaBelle's Distributing 5925 Earle Brown Dr. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilmember Lhotka and seconded by Council- member Fignar to adjourn the meetina. 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 :38 p.m. er -23 3- 20 - -78