Loading...
HomeMy WebLinkAbout1978 07-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 10, 1978 CITY HALL CALL TO ORD The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler and Bill Fignar. Councilmembers Gene Lhotka and Celia Scott were excused, 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, Acting Director of Planning and Inspection Ron Warren, Superintendent of Engineering James Noska, Building Official Will Dahn, and Administrative Assistants Mary Harty and Brad Hoffman. IhjVOCATION Mayor Dean Nyquist offered the invocation. AP PROVAL OF MINUTES - 6 -19 -7 Motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the minutes of the June 19, 1978 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. OPEN FORUM Mayor Nyquist introduced the first item of business on the agenda, that of the Open Forum. He briefly explained that the Open Forum was instituted to give citizens an opportunity to address the City Council and comment on any opinion, problem, concern_ they might have which is relevant to the affairs of this local government and its policies and practices. Mayor Nyquist noted that he had received one request to address the Council at the Open Forum but the individual was not present. He inquired of those present if anyone wished to address the Council at this time. There were none. The City Manager stated that the one individual who has asked to appear that evening was concerned with the flooding of her home. The City Manager added that staff would be discussing the flooding problem in Brooklyn Center later in the meeting. APPOINTMENT OF DIRECTOR OF PLANNING AND INSPECTIO Mayor Nyquist introduced the next business item, the appointment of Ronald A. Warren as Director of Planning and inspection. The City Manager stated pursuant to the City Charter of Brooklyn Center he was submitting the name of Ronald A. Warren for the Council's confirmation as the new Director of Planning and Inspection effective immediately. He noted Mr. Warren would be replacing former Director, Blair Tremere, who recently resigned his position for a similar position with the City of Plymouth. 7 -10 -78 -1- The City Manager then reviewed Mr. Warren's background with the City as an Administrative Assistant in the Police Department and Assistant to the City Manager. He also noted Mr. Warren's work with the Housing Commission, the Human Rights Commission, the Conservation Commission and the Park and Recreation Commission. Following the review of Mr. Warren's background, the City Manager expressed his confidence in him to administer the department effectively. Councilmember Kuefler expressed his confidence in Ron Warren to perform the duties of the Director of Planning and Inspection. He noted that he had been very impressed with his ability to communicate with the public and the Council in the past. He further added he thought that Mr. Warren was an excellent choice for the position. Councilmember Fignar added he had had the same experiences with Mr. Warren on the Housing Commission and that he too felt the choice was an excellent one. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to confirm the City Manager's appointment of Ronald Warren as the Director of Planning and Inspection effective immediately with an annual salary of $20,400. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. Mayor Nyquist indicated he felt it would be appropriate for the Council to offer a resolution expressing its gratitude for the work performed by former Director of Planning and Inspection Blair Tremere. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to instruct the City Manager to draw up such a resolution to bring to the Council. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. PERFORMANCE BOND REDUCTION (M Cor poration Mayor Nyquist introduced the next agenda item, a performance bond reduction. The City Manager noted that he was recommending a performance bond reduction from $13,500 to $10,000 for the Meadow Corporation on the basis of satisfaction of obligations on the part of the Meadow Corporation in the Ponds Phase I. He noted the Ponds Phase I is located at 69th and Unity Avenue North. Motion by Councilmember Fignar and seconded by Councilmember Kuefler that the performance bond for Meadow Corporation be reduced from $13,500 to $10,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. FINAL PLAT APPROVAL (Northbrook Center Addition) The next item introduced by Mayor Nyquist was the final plat approval for North - brook Center Addition. The City Manager requested that this item be deferred. He noted that the final plat did not have the required signatures. He also stated deferring the item will not hold up the construction of the Winchell Donut shop in the Northbrook Center. A brief discussion ensued relative to the timetable for the Winchell Donut Shop and its relationship to the one to be opened on Brooklyn Boulevard. ISSUANCE OF TEMPORARY IMPROVEMENT NOTES The City Manager introduced the next item of business on the agenda, that of a resolution recommending the authorization for the issuance of temporary improvement 7 -10 -78 -2- 1 Councilmember Scott indicated she had received a letter from the Brooklyn Center Community Education Council asking the City Council to appoint a City Council representative to the Brooklyn Center Community Education Council. Council- member Scott indicated she would be willing to serve again on this Council. There was a motion by Mayor Nyquist and seconded by Councilmember Kuefler to recommend the appointment of Councilmember Scott to the Brooklyn Center Community Education Council. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The City Manager asked that the item concerning the appointment of a City repre- sentative for the Citizens Participation Committee for Urban County be deferred until the discussion on Community Development Block Grants was taken up later in the meeting. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the final list of additional election replacement judges. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution approving the Minnesota Department of Transportation plans and specifications for construction of bridges and approaches on FI -94 at 53rd Avenue North and 57th Avenue North. The project constitutes the firs phase of freeway construction in the City of Brooklyn Center. Bids are scheduled to be opened for the project on September 22, 1978, with construction to start in the fall. This resolution is being introduced concurrently with a second resolution establishing Street Grading, Base and Surfacing Improvement Project No, 1978 -38 and Curb and Gutter and Sidewalk Improvement Project No. 1978 -39 and ordering preparation of plans and specifications.. The second resolution provides for the authorization to begin preparation of plans and speci- fications for the upgrading of 53rd Avenue North from 4th Street to Penn Avenue North. The City of Minneapolis is in agreement with the upgrading and is proceeding towards the initiation of the projects by the Minneapolis City Council. It has been informally agreed with the Minneapolis City Engineer that the plans for this project should be prepared under the supervision of the Brooklyn Center City Engineer with the cost of preparing plans to be divided between the two municipalities in proportion to their estimated construction costs. An agreement has been prepared which provides for this division of cost in the plan preparation. The Director of Public Works explained the contract indicates construction must begin before April 16. Depending on which contractor does the work, the project might begin in the fall but would have to begin before April 16. The completion I date is set as 90 working days after the starting date. The Director of Public Works explained there would be public hearings held on the project The purpose for the resolution at this time is to establish the project. Councilmember Fignar asked the Director of Public Works to check on the property belonging to Mr. Gerry Tayler of 512 53rd Avenue North because it was Council- member Fignar's understanding that this property did not have City water available to it. The Director of Public Works indicated he would check and if water was not presently available to this property, action would be initiated to make water available. 9 -11 -78 -3- RESOLUTION NO. 78 -195 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE MINNESOTA DEPARTMENT OF TRANSPORTATION PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF BRIDGES AND APPROACHES ON T.H.- .94 AT 53RD AVENUE NORTH AND 57TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -196 Member Celia Scott introduced the following resolution and moved its adoption. RESOLUTION ESTABLISHING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -38 AND CURB & GUTTER & SIDEWALK IMPROVEMENT PROJECT NO. 1978 -39, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the Mayor and the City Manager to enter into an agreement between the Cities of Brooklyn Center any? Minneapolis providing for the preparation of plans and specifications for the reconstruction of 53rd Avenue North between 4th Street North and Penn Avenue North. The Director of Public Works explained the City of Brooklyn Center wot_lrl be the lead City in drawing up plans for this project. RESOLUTION NO, 78 - 1 .97 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO AN AGREEMENT WITH THE CITY OF MINNEAPOLIS REGARDING PRELIMINARY ENGINEERING FOR RECONSTRUCTION OF 53RD AVENUE NORTH FROM 4TH STREET NORTH TO PENN AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager recommended a resolution approving plans and specifications for Utility Contract No. 1978 -0 and directing advertisement for bids. Included in this contract are Project Nos. 1978 -4 and 5, which provide utilities to the Real Estate 10 office building on Brooklyn Boulevard at the north corporate limits 9-11-78 -4- RESOLUTION NO, 78 -143 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION REJECTING REFORESTATION CONTRACT BIDS (REFORESTATION CONTRACT 1978 -F) 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 and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -144 Member Bill Fignar introduced the following resolution and moved its adoption RESOLUTION DIRECTING READVERTISEMENT FOR BIDS (REFORESTATION CONTRACT 1978 -F) The motion fot 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,and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION APPLICATION NO. 78037 (Shea Ar chitects Mayor Nyquist introduced Planning Commission Application No. 78037 by inquiring of the City Attorney if the Council could act on the application if he abstained from voting. He explained he served as a Legal Counsel to the applicant and he would not vote or participate in discussion on this application. The City Attorney stated that 'a simple majority of those present was all that was required. Councilmember Kuefler inquired if a public hearing had been held. The Director of Planning and Inspection explained the application was a site and plan approval for a permitted use within a C -1 zone and public notification or hearing was not required. The Council then reviewed drawings and building plans for g g the site. Mr. Jack Bell, President of First Brookdale State Bank, explained that the design of the remote facility would be a smaller replica of the bank. A brief discussion ensued relative to traffic along 59th Avenue, The City Engineer explained that the major proposed entrance to the site was on 59th Avenue and the major exit on Brooklyn Boulevard. He noted that the comprehen- sive plan called for eventually vacating part of 59th which would end in a cul -de -sac. Following that discussion, Mr. Bell stated that berming on the east side of the site would prevent car headlights from shining on the homes along Beard Avenue. Councilmember Fignar inquired as to the number of cars that would be stacked during peak times. Mr. Bell replied that 48 cars could be stacked at the site. 7 -10 -78 -5- Following the discussion there was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 78037 subject to the conditions recommended by the Planning Commission. Voting in favor: Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. (Mayor Nyquist abstained). BROOKLYN CENTER POPULATION COUNT Mayor Nyquist inquired of the City Manager if the Metropolitan Council had placed the City's population at 33,700 and if so, how they arrived at that figure. The City Manager confirmed the 33,700 figure and further explained a complicated formula used by the Metropolitan Council. He noted that the process considered numerous factors including age characteristics of the City's population, population migration within the metropolitan area and school enrollments among other things. Councilmember Fignar inquired what the future held for Brooklyn Center. The City Manager explained that the City could anticipate further decline in its population. Councilmember Kuefler inquired if the declining population would have an effect upon our state aids. The Director of Finance answered that it would not have an effect on the formula for state aid but rather it would have a direct effect upon the 'Levy limitations of the City, A brief discussion ensued relative to the implications of a declining population. The City Manager noted that most municipal services are based upon the number of households as opposed to population. ANNOUNCEMENTS Mayor Nyquist announced that North Hennepin Community College was looking for a member from Brooklyn Center for its advisory board. The board serves as a liaison between the college and the surrounding communities. Mayor Nyquist asked that recommendations or anyone interested in the position contact him. Mayor Nyquist then announced the resignations of Leo Beikler from the Housing Commission and Gary Livingston from the Conservation Commission. He again asked that anyone interested in the position contact him. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to instruct the City Manager to prepare resolutions expressing the City's gratitude for the services performed by Gary Livingston and Leo Beikler. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none, The motion passed. PLANNING COMMISSION APPLICATI NO. 78034 Northw YMCA) The City Manager introduced the next agenda item, that of Planning Commission Application No. 78034 submitted by the Northwest YMCA. He referred the Council to a memorandum from the City Attorney addressing itself to the City'S liability from the YMCA's use of the City's parks. The City Attorney then commented that the YMCA was not requesting supervisory assistance from the City and further, commented they carry their own liability insurance. He stated that from his review of the facts, the YMCA use of Kylawn Park and their relationship with the Park and Recreation Department was not unlike that of any other organized group using the City's parks. It was the City Attorney's recommendation that the approval of a special use permit be approved conditioned 7 -10 -78 -6- upon the applicant's providing supervision for their programs in the City parks and that the YMCA maintain insurance in accordance with the standard practices of the YMCA. A discussion then ensued relative to the City's concern about its liability. Councilmember Fignar noted that there was some concern about the YMCA's lack of a phone. The City Manager explained that that came about because an individual from the YMCA had asked several neighbors about the availability of their phone for the YMCA's use. Ms. Frankie Francel of the Northwest YMCA stated that they did have their own phone, that they do provide their own super- vision and that they do carry their own insurance. She further stated that the present arrangement at Kylawn Park was similar to the arrangement they had had with the Park and Recreation Department at Northport for five years. Mayor Nyquist stated the Council's concern stemmed from a statement in a letter from the YMCA to the City inferring that the YMCA's program was a joint or cooperative venture with the City's Park and Recreation Department Ms. Francel replied that it was not the intent of the letter and that it perhaps should have been worded differently. Mayor Nyquist inquired if the City had experienced any problems with the YMCA's use of the City parks The City Manager replied that there have been none. The City Attorney again suggested that any approval of the application be contingent upon the two requirements that he had previously noted. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Planning Commission Application No. 78034 subject to the conditions recommended by the Planning Commission and subject to the applicant's providing its own supervision and carrying its own liability insurance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. PLANNING COMiVISSION APPLICATION NO. 7 (David Schak) The City Manager introduced the next business on the agenda, that of Planning Commission. Application No. 78035 submitted by David Schak. The Director of Planning and Inspection proceeded with a review of Planning Com- mission Application No. 78035 and the Planning Commission action at its June 22, 1978 meeting. He stated the applicant was seeking a site and building plan approval for a convenience food store and a special permit for a proposed self- service gasoline facility to be located on the northwest corner of 69th and Humboldt Avenue North. He reviewed a transparency showing the location and configuration of the property in question and a brief discussion ensued relative to the application. The Director of Planning and Inspection noted the Planning Commission's recommendation that cedar shakes be used on the mansard as opposed to the aluminum treatment and that a brick facade also be used. The Director of Public Works noted the staff's concern was the original location of the gasoline pumps. The original location would have caused the stacking of cars out to 69th Avenue. He further added that the new location of the pumps alleviated that problem. 7 -10 -78 -7- PUBLIC HEARING Mayor Nyauist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78035. He recognized Mr. Roy Pennington, the owner and operator of the Union 76 station on 69th and Humboldt. Mr. Pennington questioned the need for an additional station on Humboldt Avenue. He further noted that there are six service stations north of the freeway on Humboldt Avenue. He added that there have been only thirty days that he is aware of that all six stations have been opened at one time. He stated that it would not be economically feasible for another service station facility at that location. Councilmember Kuefler inquired if the selling gas at 7 -11 stores was a coming thing. Mr. Schak replied that they were and that they have had a tremendous response to that concept. Councilmember Kuefler then inquired as to where they stood on the question of the shingles. Mr. Schak replied that it was not his understanding that cedar shingles would be required all around and that he was presenting the original plan, The Building Official commented that it has been the City's philosophy that such shingles should be used around the entire building. He noted that when the front and back of a building is differ- entiated, the backs generally become junk yards. The Director of Planning and Inspection again noted that the recommendations of the Planning Com- mission were specific that wood shingles and a brick treatment on all four sides of the building should be required. A lengthy discussion then ensued relative to the mansard treatment of the building. Councilmember Fignar inquired if the City Council had the right to decide whether or not a business could sell gas on 69th and Humboldt based upon the information supplied by Roy Pennington. The City Attorney replied that the Minnesota States Supreme Court had ruled on a similar question involving the City of Brooklyn Park and the Metro 500 gas stations. Specifically, the court ruled that a municipality may not make economic decisions for private enterprise. The City Manager noted that a decision not to allow them to sell gasoline at the site would have to be based on conditions other than economic. He noted that it was a special use and that the denial would have to be based on factors such as traffic problems. Councilmember Fignar indicated that he felt that the staff had not had adequate time to review the plans as they were being submitted. The City Manager noted that the real difference between the plans submitted dealt with the mansard treatment around the building and the City's request that cedar shingles be applied all around the building. CLOSE PUBLIC HEA Following further discussion there was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Planning Commission Application No. 78035. Voting in favor: Mayor Nyquist, Council- members Kuefler and Fignar. Voting against: none. The motion passed. Councilmember Kuefler inquired if there was a fence separating the apartments to the north from the building site. The Director of Public Works indicated that the apartment garages and the fence did separate the two sites. 7 -10 -78 -8- Motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 78035 subject to the following conditions concurrent with the Planning Commission's recommendations: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to issuance of permits. 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer prior to the issuance of the permits. 3. A site performance agreement and supporting financial guarantee, (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved improvements. 4. A special use permit, is issued to the applicant as operator and is non- transferable. 5. The special use permit is subject to all applicable codes, ordinances and regulations, including special licensing requirements and violations thereof, shall be grounds for revocation. 6. The building shall be equipped with an automatic fire extiguishing system as provided for in Chapter 5 of the City Building Ordinance. 7. Any rooftop mechanical equipment shall be appropriately screened from view . 8. Any outside trash disposal facility shall be appropriately screened from • view. 9. Plan approval is exclusive of all sigrery which is subject to Chapter 34 of the City Ordinances. 10, Wood shingles and brick treatment on all four sides of the building will be required. 11. Delineation of a portion of the required parking may be deferred indefinitely provided approval of parking plans is submitted, showing that ordinance standards can be met; and all or a portion of the deferred parking shall be installed upon determination by the City Council that said parking is necessary. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed, PUNNING COMMISSION APPLI NO. 7803 (B.C.I.P The City Manager introduced the next agenda item, Planning Commission Application No. 78036 submitted by Brooklyn Center Industrial Park, Inc. 7 -10 -78 -9- The Director of Planning and Inspection stated that the applicant sought site and building plan approval and a special use permit for a 155,314 square foot rental industrial and office building to be located at 69th Avenue North and Shingle Creek Parkway. A transparency of the area was shown to the Council and the site and build -ing plans were reviewed. A discussion ensued relative to egress to 69t Avenue. The Director of Public Works briefly reviewed the status of roadway construction in the area. He stated half of Shingle Creek Parkway is now in place and the City Council has ordered the preparation of specifications for a bridge over Shingle Creek. He also explained the Shingle Creek Parkway bridge over FAI 94 was currently under design by the Department of Transportation. He also noted the need for an easement along 69th Avenue for roadway construction. Following the discussion, Mayor Nyquist opened the public hearing on Planning Commission Application No. 78036. Mr. Al Beisner from the Brooklyn Center Industrial Park was present. He commented on the building's facade noting it combines cedar with break off block and tinted windows for the exterior. The Director of Public Works noted that berming on the east side would screen the building from the proposed Shingle Creek Trailway System. He also added some park property would be used to construct a ponding area to hold water. Willow trees will also be planted in that area. A discussion ensued relative to parking. Approval of parking was submitted for the Council. Mr. Al Beisner explained it has been their experience that there will not be a need for the number of parking places delineated in the proof of parking. However, the potential still remains should that parking requirement develop, CLOSE PUBLIC HEARING Following the discussion, Councilmember Fignar moved and Councilmember Kuefler seconded the motion to close the public hearing on Planning Commission Appli- cation No. 78036. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: non-e. The motion passed. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Planning Commission Application No. 78036 contingent upon the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and ber-ming plans are subject to review and approval by the City Engineer prior to issuance of permits, 3 A site performance agreement and supporting financial g uarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improve- ments. 7 -10 -78 -10- 4. The special use permit comprehends service /office commercial uses exclusive of medical or dental uses and any other commercial activities on the I -1 property shall be subject to additional review and approval as required by City Ordinances, 5. The property shall be subdivided by plat or registered land survey prior to occupancy. 6. No signery shall be permitted on the northerly elevation of the building unless expressly approved by the City Council with the exception of certain tenant identification wall signery comprehended by, and described in, City Council Resolution No. 77 -67 which established a policy for permitted signery for the north side of comparable buildings to the east. , 7. The approved site plans comprehend the deferral of installation of required parking of approximately 142 cars; said parking may be deferred for a period of 30 months or until the development of the adjacent parcel to the west, at which time the need for additional parking should be reviewed subject to the following: a. All or a portion of the deferred parking shall be installed upon determination by the City Council that said parking is necessary; b. The area of deferred parking should be sodded and maintained with a viable turf. 8. Any outside trash disposal facilities shall be appropriately screened from view. 9. Any rooftop mechanical equipment shall be appropriately screened from view. 10. Provide easements for future sidewalk and road development along County Road 130. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9:21 p.m. PLANNING COMMISSIO AP NO. 78038 (P erkin's Cake & Stea Inc.) The City Manager introduced the next agenda item, Planning Commission Application No. 78038 submitted by Perkin's Cake & Steak, Inc. The Director of Planning and Inspection explained the application was for site and building plan approval for major remodeling of former Uncle John's Restaurant located at 5915 John Martin Drive. The Director of Planning and Inspection showed transparencies of the area. He pointed out there was access to the site from a private roadway on the tract to the south of the property. 7 -10 -78 -11- The Director of Planning and Inspection continued that it was the applicant's intention to convert the building to a standard Perkin's motif and to upgrade the parking lot facilities as well as the landscaping, but no-site amendments were proposed. Councilmember Fignar inquired if the windows proposed for the remodeling were required by the City or were desired by Perkin's. The Director of Planning and Inspection replied it was Perkin's desire to keep a similar facade for all Perkins. The Director of Planning and Inspection noted that under the new arrangement there would be slightly less seating in the building and that the lavatories would be remodeled so that they would be accessible to the handicapped. Councilmember Kuefler inquired as to the target date for the opening. The Building Official replied that Perkin's anticipated opening the first week of August. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 78038 submitted by Perkin's Cake & Steak, Inc. subject to the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Site and grading plans are subject to review by the City Engineer with respect to repair and upgrading of curbing, paving, drainage systems. 3. Approval is exclusive of all signery which shall be subject to the requirements of Chapter 34 of the City Ordinances. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. PLANNING COMMISSION AP PLICATION NO. 78039 (Midwest Area Insurance) The City Manager introduced the next agenda item, Planning Commission Application No 78039 submitted by Midwest Area Insurance. The Director of Planning and Inspection stated the application was for site and building plan approval and upgrading of a former Standard Oil station located at 6900 Humboldt Avenue North. The Director of Planning and Inspection showed transparencies of the property. It was further explained the applicant proposed to close the two existing curb cuts closest to the intersection resulting in a total of two curb cuts for the site. The applicant proposed to remove much of the paved area in front of the building and landscape the area. He commented parking on the site was more than adequate for the use.. The Director of Public Works recommended the proposed concrete driveway on Humboldt Avenue be deferred at this time until Humboldt Avenue is widened. He noted if a concrete driveway were added at this time it would be required to be torn out when Humboldt Avenue is upgraded. 7 -10 -78 -12- A brief discussion ensued relative to the building's facade. It is noted the present bay doors would be bricked in. Councilmember Fignar moved and Councilmember Kuefler seconded the motion to approve Planning Commission Application No. 78039 contingent upon: 1. Building plans arc subject to review and approval by the Building Official prior to the issuance of permits, 2. Grading, drainage and berming plans are subject to review by the City Engineer prior to issuance of permits. 3. A performance agreement and supporting financial guarantee, (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and/or rooftop mechanical equip- ment shall be appropriately screened from view. 5. All landscaped areas shall be equipped with an underground sprinkling system as required by the City Ordinance, 6. The Humboldt Avenue driveway entrance be of asphalt as opposed to concrete. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against none. The motion passed. LAWCON APPROVAL The City Manager reported that the federal share of the two IJAWCON grant applications had been approved for Central Park and the Shingle Creek Trailway System. He noted that the total amount received was $171,950. He further explained that with the State matching funds and monies available left over from the former park bond, the City would be able to complete the work proposed in the grant applications. Councilmember Kuefler inquired if the City had received the state share of the grants. Administrative Assistant Brad Hoffman explained that we had only received the federal share but that we should be receiving notification from the state in the near future. Councilmember Kuefler then inquired if Shingle Creek would be cleaned up under the grant. The Director of Public Works indicated that cleaning Shingle Creek was not contemplated as part of the grant. Councilmember Kuefler stated that it would be timely to do that with construction of the trail. Council- men. ber Kuefler asked if the grants would have any effect on the size of the bond issue being proposed for this fall. The Director of Parks and Recreation replied that while some items currently being proposed for the bond issue would be taken care of with the grants, inflation might well eat up the savings from the grants. The City .Manager explained the two additional LAWCON grants were being prepared to continue the next phase for both Central Park and the Shingle Creek Trailway System, Councilmember Kuefler inquired as to the desired action on the Council's part. The City Manager requested the Mayor and the City Manager 7 - - -13- be authorized to execute the contract for the LAWCON grants and that direction be given to submit the two additional grants. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize the Mayor and the City Manager to execute the two LAWCON grant contracts. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to direct the staff to submit two preliminary LAWCON grant applications for Central Park and Shingle Creek Trailway System. Voting in favor: Mayor Nyquist, Council - members Kuefler and Fignar. Voting against: none. The motion passed. FREEWAY NOISE VARIANCES The next agenda item introduced was a discussion of the Minnesota Department of Transportation's appeal of the Pollution Control Agency's freeway noise standards . The Director of Public Works told the City Council that the Highway Department does not feel that they will be able to comply with the nighttime standard of 55 decibels on FAI 94 in Brooklyn Center. He noted the Highway Department felt that 65 decibels could be achieved. A brief discussion ensued relative to such noise standards. Councilmember Fignar inquired if the standard had been achieved in other areas along the freeway such as Fridley. The Director of Public Works stated that they had not. He further added that to achieve the 55 decibel level, it would be necessary to raise the noise barriers another estimated 10 feet and it was still possible that they would not be in compliance with the regulation. In previous. public hearings, residents had expressed strong concern about the heighth of the barriers. The Director of Public Works stated that the staff feels that the City should support the variance but residents should be surveyed as to their feelings. Councilmember Kuefler inquired if the regulations were in effect at the time that the public hearings were being held on the freeway. The Director of Public Works replied that they had just been enacted, however, at that time the Highway Department indicated that they would seek a variance from the nighttime standard. Following a brief discussion the Director of Public Works stated the staff was looking for a direction from the Council relative to surveying affected neighbor - hood residents. It was the consensus of the Council that the staff should conduct such a survey. 320 ARBITRATION AWARD The City Manager introduced the next agenda item, that of the Police 320 Contract Arbitration Award. The Director of Finance then reviewed in detail the specifics of the arbitration award. He stated that the patrol officers monthly wage rate increased from a range of $94 per month up to $120 per month. The wage increase ranges from 7 -10 -78 -14- 8.55°lo for beginning patrol officers up to 8.59% for top patrol officers. It was further noted that investigators received $130 per month increase or 8.81 %. Some police officers will receive increases as high as 16 %. A lengthy discussion ensued relative to the longevity /educational incentives award. The City Manager stated it has been the City's direction to eliminate longevity and place greater emphasis on the educational incentive program. He also noted longevity had been grandfathered in in Brooklyn Center. However, with the arbitration award the emphasis has changed. The City Manager added that under the award only college credits directly related to law enforcement or classes required as a prerequisite for such courses could be counted towards the educational incentive program. He noted that many college classes would not be paid under this award. He also stated that seminars, workshops and other noncredit law enforcement related forms are to be included in the college incentive program thus, creating a problem of assigning credits to noncredit often noncollege courses. The Director of Finance stated that both awards were given as percentages as opposed to a specific dollar amount. He added that the problem was that every time there was a wage increase both the longevity pay and the college incentive pay automatically increase. He also noted that the officers can jump from one track to another annually to take advantage of the track most beneficial to him or herself. Councilmember Kuefler inquired what determines job related credits versus nonjob related. A MAMA committee which includes Chief Lindsay has been selected to study the problem. The Director of Finance added that because of the vagueness of the award the City should anticipate a number of grievances before the matter is completely settled. The City Manager stated that because of the financial impact of the award upon the City's budget, an additional patrol officer approved in this year's budget will not be hired. He added that further information relative to the budget impact will be presented to the Council when resolutions authorizing the transfer of funds are brought to them. Councilmember Kuefler inquired if there were legal recourses available to the City. The City Manager replied there were none unless the City could demonstrate that the award would financially prevent them from forming statutory requirements. Councilmember Kuefler noted that approximately 14% of the City's entire budget was going to police labor. A brief discussion ensued relative to possible legislation to change the present mandatory arbitration approach to settling contract disputes, The City Manager stated the League of Minnesota Municipalities would be sponsoring such legislation. PUBLIC UTI CLERK The next business item discussed was a request by the City Manager to reinstate a full time clerical position in the Public Utilities Department. The Director of Finance distributed a memo. to the Council. He added that prior to 1975 the Public Utilities Division of the Department of Public Works had an office staff consisting of a superintendent, two permanent full. time clerical positions and one part time high school Office Education student. On January 27, 1975 one of the permanent clerks was promoted to payroll clerk in the Finance Department. Because at that time the City was in the process of planning and installing an automated billing 7 -10 -78 -15- system, it was decided not to fill the vacant public utilities position in an Y p p attempt to operate with one and one half clerical positions. In December of 1976, when the City Council had set wages and established positions for the calendar year 1977, the position was eliminated upon the staff's recom- mendation. The Director of Finance noted the cut back worked fairly well for a short period of time. However, as time passed, it became apparent that the cut back would cause some major problems. The Director of Finance noted that among the problems were: 1) No back up for utility billing clerk. 2) Lack of a knowledgeable person to handle service calls for customer complaints whenever the permanent clerk was absent and the part time clerk was off duty. He also stated because of the short hours assigned to the part time clerk and the short period of time she had been employed it had been unable to train her for the utility billing function. Councilmember Fignar inquired to the cost of the position. The Director of Finance replied that it was Clerk III position with a salary range from $683 to $773 per month. Councilmember Fignar moved and Councilmember Kuefler seconded the motion to approve the request to restore the permanent position of the public utilities clerk. Councilmember Fignar then inquired if the position would become effective immediately. The Director of Finance replied that it would. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. TRAFFIC LIGH AT 155TH AN HU Councilmember Fignar inquired if a study had been conducted for the need of traffic lights to be located at 65th and Humboldt Avenue North. The Director of Public Works replied that such a study had not been conducted lately because the need would change with the upgrading of the freeway. Council - member Fignar then inquired how long that would be. The Director of Public Works replied approximately two years. FLOODING The City Manager stated that he would like to brief the City Council on the flooding status of Brooklyn Center. The Director of Public Works reviewed the flooding problem around the Twin Lake. area. He stated that the flooding which has occurred from all the rainfall is within a couple of inches of the highest level ever recorded for Twin Lake. A discussion followed relative to the alternatives available to the City to alleviate the problem. The Director of Public Works noted that not much can be done to save expensive work enlarging the drains from Ryan Lake and Twin Lake. It is also noted the public access to the lake had been temporarily closed because the weight of boats on the lake would literally flood homes in the area. A brief discussion followed relative to flooding problems on Halifax Avenue and in the area of 70th and Regent. It was noted the homes on Halifax Avenue that flooded was below the street level. During a hard rainfall flooding has occurred there when water would literally run down the driveway into the garage and basement. 7 -10 -78 -16- Councilmember Kuefler inquired what the City was doing to handle the Twin Lake problem. The Director of Public Works replied that at the present time sand bags and sand were being made available to the public at a cost of 25� per bag. LICENSES Motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Countrywide Sanitation Box 46, Montrose, MN Dick's Sanitary Service 3417 85th Ave. No. Hilger Transfer Company 8550 Zachary Lane Midwest Grease Company Box 222, Redwood Falls Robbinsdale Transfer Company 5170 West Broadway Waste Control 95 West Ivy Street Woodlake Sanitary Service 4000 Hamel Road GASOLINE SERVICE STATION LICENSE Big -Bi Service Station 5710 Xerxes Ave. No. HOUSEMOVER'S LICENSE Badger Mover's Inc. 3550 Grimes Ave. No. i MECHANICAL SYSTEM'S LICENSE Northwest Service Station Equip. 2520 Nicollet Ave. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed, ADf OURNMENT Motion by Councilmember Fignar and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Fignar. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10 :59 p.m. Clerk r - 7 -10 -78 -17-