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HomeMy WebLinkAbout1978 07-24 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 24, 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 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilrnembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scotto Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Fire Chief Ron Boman, Director of Planning and Inspection Ron Warren, Superintendent of Engineering James Noska, Building Official Will Dahn, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION Councilmember Lhotka offered an invocation. . APPROVAL OF M I_N U T_ ES - JULY 10, 1978 Motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the minutes of the July 10, 1978 meeting as submitted. Voting in favor: Mayor Nyquist, Councilrnembers Kuefler and Fignar. Voting against: none. The motion passed. Councilmembers Lhotka and Scott abstained as they were not present at that meeting. OPEN FORUM Mayor Nyquist introduced the next 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 Nicky Sevig of 5646 Girard Avenue North. Mrs. Sevig asked the Council to consider changing the Health and Sanitation Ordinance No. 8 -108 in regards to licensing. Mrs. Sevig asked that civic and charitable organizations be allowed to prepare food in member's homes for sale at organization sponsored functions. She requested that baking be allowed in nonlicensed establishments, in this case homes. Mrs. Sevig made this request on behalf of the Brooklyn Center Mrs. Jaycees. The City Manager indicated that staff would report back on this request at the next Council meeting. Mayor Nyquist next recognized Mrs Richard Hadokowitz of 5316 North Lilac Drive. Mrs. Hadokowitz presented a petition for a pedestrian crossway across Highway 100 near the water tower. She made this request because it is her feeling as well as the feeling of other petitioners that the bridge on Brooklyn Boulevard is not easily 7 -24 -78 -1- accessible to children nor to adults seeking employment in the area across Highway 100. In response to a question raised by Councilmember Kuefler, the Director of Public Works indicated that the City of Brooklyn Center had requested a walkway bridge in that area three times in the past but that the walkway was not a priority item with the Minnesota Highway Department. A request for the walkway will again be made as part of the grant proposal for the Hennepin County Trailway System. The City Manager explained that if the grants are funded we will probably get the crosswalk but it would "not be for approximately three to four years. In response to an inquiry concerning the cost of an independent walkway bridge, the Director of Public Works replied that the cost would be approximately $300,000. Mayor Nyquist next recognized Mrs. Alice Noren of 6703 Perry Avenue North. Mrs. Noren voiced concerns about the noise barrier walls to be built in her neighborhood. She stated "that she felt the noise barrier walls would lower the value of the property in the area, the walls were a costly and unnecessary project, and that the walls would possibly cut off air circulation to the property in that area. Mrs. Noren also indicated she had voiced these concerns to the Director of Public Works earlier in 1976. The Director of Public Works clarified for the Council that prior to the public hearings held in the summer of 1976, notice had been sent to the residents in the area. At the time of the public hearings the Director of Public Works had brought to the Council's attention one person who was not in attendance at the public hearings was in opposition to the noise barriers, Mayor Nyquist next recognized Mr. H. f. Bogucki of 7000 Quail Avenue North. Mr. Bogucki indicated that he would like the Council to address the flooding condition in the area of the 7000 block of Quail Avenue that Mr. Bogucki has been putting up with for 20 years whenever a heavy rain fella He stated the problem was that water flows from 68th and 69th Avenues to the 7000 block of Quail. He has tested the water flow using food color and has determined that the points of origin of the water flowing into the 7000 block of Quail are from the 6800 block and the 6900 block. The storm sewer in the 7000 block is accomodating more flow than what it was meant to accomodate. The net effect of the additional flow is that small lakes are created in the area and cars often stall out. Mr. Bogucki's lot is at a lower elevation than many of the other lots in the area and consequently he receives a.great amount of water whenever there is a heavy rainfall. As a result he can't grow a decent lawn because of the water and the debris. Mr. Bogucki addressed a question to the Director of Public Works as to the effect of additional water that Brooklyn Park might be draining into Shingle Creek. The Director of Public Works responded that Mr,, Bogucki's comments were in fact correct and that water from 69th Avenue does flow into the area of 70th and Quail. Ultimately, this additional flow will be handled by a new storm sewer at 69th Avenue but the addition of a new storm sewer is contingent upon the upgrading of 69th Avenue. Presently the City is analyzing the storm sewer situation and may be able to help by adding more catch basins in the area. The City is looking at interim solutions until 69th Avenue is upgraded. In response to-the question concerning additional drainage from Brooklyn Park, the Director of Public Works replied therewere built in safeguards to handle that additonal flow. Culverts have been built under Zane Avenue which only allow a certain amount of water 7 -24 -78 -2- to come through. Mr. Bogucki further commented his home and the homes of two neighbors have the lowest elevation in the area and that water is getting closer and closer to their window wells. He also questioned a recommendation made by Art Lee to the County Board to turn back 69th Avenue to the City of Brooklyn Center because of the heavy traffic flow. He asked what the City's position would be if 69th Avenue were turned back to the City. The City Manager responded that on all turn back operations, the roadway must be improved before the City would accept the roadway. Councilmember Lhotka indicated that it was his wish that the Council formally address the County concerning the problems with the storm sewer in the area of 69th Avenue. The City Manager indicated he would write a letter to the County addressing this problem and that copies would also be sent to Mr. Bogucki and Mr. Phillips. Councilmember Kuefler mentioned that as a point of information, in the original review with the County, the City of Brooklyn Center indicated that they did not wish 69th Avenue to be turned back to the City. Mayor Nyquist also expressed a wish that a copy of the City Manager's letter be sent to the County Commission. Mayor Nyquist next recognized Mr. Clyde Phillips of 7007 Quail Avenue North. Mr, Phillips concurred with earlier remarks made by Mr, Bogucki. He also mentioned that water in front of his house gets as high as 12 to 18 feet during heavy rainfall. Mr. Phillips stated that this amount of water actually denies him police, fire, and ambulance service. He further stated that he was tired of cleaning rubbish and debris from his yard as a result of the high levels of water. Mayor Nyquist inquired if anyone else wished to be recognized for the Open Forum„ there being none, the Open Forum was closed. FINAL PLAT APPROV OF THE NORTHBROOK CENTER ADDITION The City Manager introduced the next item of business on the agenda, that of final plat approval of the Northbrook Center Addition. He stated that final plat approval for Northbrook Center Addition for which the City Council approved the preliminary plat on August 9, 1976 under Planning Commission Application No, 76 -025 was deferred from the Council meeting of July 10, 1978. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the final plat approval for Northbrook Center Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. RELEASE OF SUBDI BOND FOR LYNN LEE ADDITION The City Manager introduced the next item of business on the agenda, the release of a subdivision bond for Lynn Lee Addition. The City Manager recommended that the City Council authorize final release of the remaining $500 of a $4,150 subdivision bond posted by Mr. William E. Bobendrier for grading, blacktopping, sodding and boulevard tree improvements along Unity Avenue North between 62nd and 63rd Avenue North. The City Manager indicated that all work had been satisfactorily completed. 7 -24 -78 -3- Motion by Councilmember Lhotka and seconded by Councilmember Scott to release the subdivision bond for Lynn Lee Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. RELEASE SUBDIVISION B OND FOR BOBENDRIER'S 4TH ADDITION The City Manager introduced the Next item of business on the agenda, the release of the subdivision bond for Bobendrier's 4th Addition. The City Manager recom- mended that the City Council authorize final release of the remaining $500 of the $7,200 subdivision bond posted by Mr. William E. Bobendrier for certain subdivision improvements such as boulevard sod, trees and street surfacing in the area of Halifax Avenue North from 70th to 71 st, Grimes Avenue North from 69th to 71 st and 71 st Avenue between Halifax and Grimes. The City Manager indicated that all work had been satisfactorily completed. Motion by Councilmember Kuefler and seconded by Councilmember Lhotka to release the subdivision bond for Bobendrier's 4th Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DECLARING SURPLUS PROPERTY The City Manager introduced the next item of business on the agenda, that of declaring surplus property. The City Manager recommended that the City Council declare the old City Hall, located at 7100 Brooklyn Boulevard, surplus property to be disposed of according to provisions of the City Charter. The City Manager had further explained this recommendation to Councilmembers in a memorandum to them. A discussion ensued concerning the meaning of a motion to declare the property at 7100 Brooklyn Boulevard as surplus property. The City Manager indicated that a motion to declare the property as surplus property would be a clear direction to him to sell the property. The property has to be declared as surplus property before it could be sold. Terms of any sale of the property at 7100 Brooklyn Boulevard would be presented to the Council for final approval of the sale. The City Attorney commented that a motion to declare the property as surplus property would indicate the property was no longer needed for public purposes and that the Manager should dispose of the property in the best suited manner. A motion by Councilmember Kuefler and seconded by Councilmember Fignar to defer action on declaring 7100 Brooklyn Boulevard as surplus property until later in the Council meeting when the CE_U contract was discussed. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPROVING MN DOT P LANS AND SPECIFICATIONS FOR TRAFFIC N OISE BARRIERS The City Manager introduced the next item of business on the agenda, that of a resolution recommended for the purpose of approving MN /DOT plans and speci- fications for traffic noise barriers and landscaping along the south side of FI -94 from T.H. 152 to Noble Avenue North. The Director of Public Works presented the plans from MN /DOT. The Director of Public Works stated the State of 7 -24 -78 -4- Minnesota had indicated a willingness to sell those portions of land situated between the noise barrier walls and the abutting property to the City. The City could then sell those portions of land to the abutting property owners. Formal approval for this sale plan is expected from the State. In reference to this explanation, Councilmember Fignar asked if those portions of land sold back to abutting property owners would become taxable land. The Director of Public Works explained that upon final conveyance of the land, those portions of land would in fact become taxable. Councilmember Lhotka commented he would like to see trees and shrubbery planted on the property owners side of the noise barrier wall rather than on the freeway side, The Director of Public Works explained aesthetic landscaping on the highway side of the noise barrier walls is a phenomenon that has come about only in recent years. He further explained that if landscaping was done on the property owners side of the noise barrier walls, the landscaping contractor would have to have access to that property in order to maintain that landscaping. The Director of Public Works stated that in earlier public hearings, people attending the public hearings indicated that they did not want to provide access to landscaping contractors to take care of shrubbery and trees. planted an the property owners side of the walls. The people at the public hearing felt that they could provide their own shrubbery rather than them providing access to the landscaping contractors. In response to this Councilmember Fignar questioned whether landscaping could be accomplished on the property owners side with an agreement that the property owners would maintain the landscaping themselves. The Director of Public Works indicated the plans for the Noise barrier walls had been presented to the residents in the area and the residents had reviewed the plans and found them acceptable as they were. The plans comprehend landscaping on the freeway side and not on the residents side. The residents seem most concerned that there be no further delay in constructing the noise barrier walls. Motion by Councilmember Lhotka and seconded by Councilmember Kuefler to consider landscaping on the property owners side of the noise abatement walls in the future. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. RESOLUTIO NO. 78 -145 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION PLANS AND SPECIFICATIONS FOR TRAFFIC NOISE BARRIERS AND LANDSCAPING ALONG THE SOUTH SIDE OF T a H . 94 FROM T.H. 152 TO NOBLE 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon, said resolution was declared duly passed and adopted. 7 -24 -78 -5- ALLEY PAVING IMPROVEMENT PROJECT AND STREET GRADING, BASE AND SURFACING IMPROVEMENT PROJECT The City Manager introduced the next item of business on the agenda, that of a resolution recommended for the purpose of ordering the addition of Alley Paving Project Nos. 1977 -13, 1977 -22 and 1978 -713, and Street Grading, Base & Surfacing Improvement Project Nos, 1978 -2, 1978 -20, 197824 and 1978 -27 to Contract 1978 -D. The Director of Public Works explained that the contractor for Utility Contract No, 1978 -D has agreed to perform the grading work necessary in the above street projects in accordance with the unit bid prices they have submitted in the utility contract negotiated With the City Engineer, He further indicated the quotation from Walhunt Construction, Inc. is a reasonable quotation and does fall within the original City estimates for the work. The Director of Public Works stated the amount of $15,992.50 was being added to the original Walhunt contract for $70,000. RESOLUTION NO. 78 -146 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ORDERING ADDITION OF THE GRADING PORTION OF ALLEY PAVING IMPROVEMENT PROJECT NOS. 1977 -13, 1977 -22, AND 1978 -7B AND STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NOS. 1978 -2, 1978 -20, 1978 -24 AND 1978 -27 TO CONTRACT 1978 -D ' The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. MN /DOT NOISE VARIANC _ REQUES T FOR CONSTRUCTION OF FI -94 The City Manager introduced the next item of business, a resolution regarding a MN /DOT noise variance request for construction of FI -94. The Director of Public Works briefly summarized the resolution explaining that exports cannot definitively say that raising the wall to 25 feet will necessarily solve the ' problem of meeting the nighttime noise standards. The Director of Public Works also explained that options other than raising the height of the wall had been considered. The other options considered were lowering the speed limit in the area or paving the surface with a bituminous material. Both of these options were considered unworkable. In attempting to formulate a position on this question, the City had sent 150 survey post cards to residents in the area. Of the 95 survey post cards returned, 45 respondents were in favor of raising the walls and 50 did not want the walls raised. There were also 8 people who did not return the post card but had started at an earlier time they did not favor raising the walls. The Director of Public Works explained that the people who had been sent post cards had also been informed of the potential noise hazard, Mayor Nyquist noted there were several people in the audience who wished to speak on this issue and he invited comments from the audience. Calvin Sullivan of 5815 Lyndale Avenue North stated that in discussions a year ago, 90% of the 7 -24 -78 -6- people were opposed to the wall and yet the wall was still going to be built, Mr. Sullivan stated that if the wall was going to be built despite the opposition the wall could just as well be .25 feet as 12 feet. Eleanor Lindstedt of 5730 Camden Avenue North stated she was concerned because letters were only sent to persons whose property directly abutted the wa;.ls o Mrs. Lindstedt was concerned that the walls also have an effect on people whose property does not directly abut the walls. Mrs. Lindstedt favored Councilmember Lhotka's earlier suggestion that landscaping on the property owners side should be considered. Mr. Al Kent of 5807 Lyndale Avenue North indicated he has not been satisfied with the answers he has received from the Highway Department. Mr. Kent stated as long as the walls are going to be built they should be built adequately, whatever height that meant. He also stated noise in that area is intolerable and in fact the properties should not have been developed Larry Roen of the 6700 block of France Avenue expressed concern if the wall was not built high enough at this time there is a danger the wall would have to be raised at a later time. He also stated that people who lived on property that abutted the walls seemed to get freedom from the noise as a result of the walls but that people who live further back often times contend with the noise despite the walls. A discussion ensued concerning whether or not the Council had received a definitive indication from the people who had responded in the survey. The general consensus of the Council was that they did not have a definitive direction from the residents. Councilmember Lhotka questioned the Director of Public Works about the need to pass this particular resolution at this Council meeting. The Director of Public Works explained that the Minnesota Highway Department and the Pollution Control Agency were meeting next week to hopefully resolve the problem regarding the nighttime noise standards. The Director of Public Works was not able to state what effect no action by the City of Brooklyn Center would have on the discussion and resolution of this problem at the upcoming meeting between the Highway Department and the Pollution Control Agency. The City Manager explained a special Council meeting could be called to consider the resolution if a public hearing on the noise variance question was called before the next regularly scheduled Council meeting. It was the consensus of the Council that more information was needed before this resolution could be passed. Motion by Councilmember Lhotka and seconded by Councilmember Fignar to consult with MN /DOT concerning the survey results and further to ask for more definitive answers concerning the effect of raising the noise barriers. If a public hearing on the variance request is scheduled before the next regularly scheduled Council meeting, a special Council meeting would be held prior to the public hearing to again consider the resolution. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager suggested that any people in the audience who wished certain questions answered regarding the noise barrier walls should put those questions in writing and send them to the City Hall or call the Public Works Department and relay their questions over the phone. The City staff will work with MN /DOT staff in order to get those questions answered. 7 -24 -78 -7- PLANNING COMMISSION APP NO. 77 (GENE HAMILTON) The City Manager introduced the next item of business, that of Planning Commission Application No. 77064 submitted by Mr. Gene Hamilton The Director of Planning and Inspection proceeded with a review of Planning Commission Application No, 77064 which comprehends an appeal from an administrative ruling regarding the structural addition at 6230 Lee Avenue North. The Director of Planning and Inspection explained that this item had been considered by the Planning Commission at its November 10, December 8, December 15, 1977 and February 23 and May 11, 1978 meetings The appeal from the administrative ruling regarding the structural addition at 6230 Lee Avenue North had been denied by the Planning Commission at its May 11 , 1978 meeting. The Commission had asked the staff to research amending the present City Ordinance regarding carports and canopies.- The Planning Commission had considered staff recommendations on an ordinance change and recommended the amended ordinance as included in this meeting's agenda packet, It was felt that an ordinance change was necessary because the current ordinance does not define canopy as so constructed by Mr. Hamilton. Mayor Nyquist recognized the applicant, Mr. Gene Hamilton, Mr. Hamilton explained he appealed the administrative ruling because the Zoning Ordinance did not speak to the type of structure that he built. In his estimation, the definition which most clearly applies is canopy. Mr. Hamilton indicated there will be a car parked in front of his house regardless of whether or not the canopy is allowed and that the canopy is a safety feature. The problem of windows frosting over and the need to scrape frost and snow from the windows is minimized as a result of the canopy. Mr. Hamilton further explained he does own two cars and the two cars are operated daily. It is impossible to construct a detached garage in the back of his property because of the position of the house and the layout of the property. Mr. Hamilton explained he wanted to continue to live in Brooklyn Center rather than moving to another home with a two car garage. Mr. Hamilton had met with 14 of the neighboring property owners and discussed his canopy structure with them. None of the 14 neighbors surveyed by Mr. Hamilton objected to the canopy. Mr. Hamilton explained that an amendment proposed earlier in Planning Commission discussions would allow the canopy like structure which he had built. He asked that that earlier suggestion be reconsidered. Councilmember Lhotka inquired as to the purpose of front yard setbacks. The Director of Planning and Inspection replied a basic purpose uniformity. The City Attorney concurred that front yard uniformity was the basic reason for setbacks and that setbacks had grown up as an adjunct to zoning. In addition, street maintenance is facilitated by setbacks, and setbacks allow people who live in the City to have access to light, air and view. The City Attorney further explained that the City has a clearly established right to have and to determine the size of setbacks. The City Manager explained that setback size often allows for two cars to be parked end -to -end thus alleviating on- street parking. Additionally, the setback allows for green space which lessens the street noise. 7 -24 -78 -8- Councilmember Lhotka indicated he personally had no objection to the canopy as Mr. Hamilton had constructed .it but was concerned about the precedent being set by allowing this type of structure The City Attorney explained the same canopy like structure could appear in many different forms. A problem could arise because it would be difficult to prevent less pleasing canopies than the one that Mr. Hamilton had constructed. At issue, commented the City Attorney, is the question of what appearance the City and the City residents want to maintain in the front yard. Further discussion ensued as to the possibility of setting size standards which might restrict shoddy and unpleasant appearing canopies. The Building Official responded to questions from Councilmembers concerning possible alternatives to the canopy structure in Mr. Hamilton's yard. Because of the positioning of the house and the lot and the number of trees located on the side of the lot another type of garage structure was not a realistic option. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to defer action on Planning Commission Application No. 77064 for 30 days until more information could be gathered and studied by the Council. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. A discussion ensued as to whether or not the application should be referred back to the Planning Commission, Councilmember Scott indicated the Planning Com- mission had dealt with this application at seven different Planning Commission meetings and four study group sessions and that the application should not be referred back to the Planning Commission. She further inquired whether or not the application should be considered as an application for a variance rather than an appeal from an administrative ruling. The City Manager explained the better approach for Mr. Hamilton was to look at the application from the standpoint of an appeal from an administrative ruling because this particular case does not meet the standard for a variance. A `discussion on Planning Commission Application No. 77064 ended with a decision to reconsider the application at the August 28 City Council meeting. PLANNING COMMISSION APPLICATION NO. 78040 (MI BUILDERS, INC.) The City Manager introduced the next item of business, Planning Commission Application No. 78040 submitted by Michlitsch Builders, Inc. Councilmember Kuefler was excused at 9:25 p.m. The Director of Planning and Inspection proceeded to review Planning Commission Application No. 78040 and explained the application was a preliminary registered land survey for property at 6637 Humboldt Avenue North and this item had been considered by the Planning Commission at its July 13, 1978 meeting. Councilmember Kuefler returned at 9:28 p.m. 7- -24 -78 -9- PUBLIC HEARING Following a brief discussion, Mayor Nyquist opened the meeting to notified property owners regarding Planning Commission Application No. 78040 submitted by Michlitsch Builders. No one spoke relating to the application. CLOSE PUBLIC HEARING Motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 78040. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ACTION APPROVING PLANNING COMMISSION APPLICATION NO. 78040 (MICHLITSCH BUILDERS, IN Motion by Councilmember Scott and seconded by Councilmember Fignar to approve Planning Commission Application No. 78040 submitted by Michlitsch Builders, Inc. Approval is subject to the following conditions: 1 . Final registered land survey is subject to review by the City Engineer. 2. The final registered land survey is subject to the requirements of Chapter 15 of the City Ordinances. 3. An additional 10 foot sidewalk easement shall be provided along the east side of the property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotk4 and Scott. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 78041 (CI,TES CONSTRUCTION) The City Manager introduced the next item of business, Planning Commission Application No. 78041 submitted by Cates Construction. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78041 submitted by Cates Construction, He explained the application was for site and building plan approval for proposed office building on property in the 5800 block of John Martin Drive and that this item had been considered at the July 13, 1978 Planning Commission meeting. The Director of Planning and Inspection pointed out to the Council the unique configuration of the property in question. He explained that the private roadway leading from John Martin Drive to Cinema I, II, III, IV Theater and the Perkin's Restaurant was actually part of this parcel, and it was covered by driveway easements for joint use of three parcels. The Director of Planning and Inspection continued that the property was zoned C -2 and the applicant proposed to develop it with an approximate 5,000 square foot office building, a C -1 use. He stated that, in order to meet the parking requirements of the C -2 district, the applicant had submitted a proof of parking plan which showed the use of the Cinema I, II, III, TV Theater property to the south as joint parking. The Director of Planning and Inspection further explained that part of 7 -24 -78 -10- the building would be occupied by the owner of the building and part of it would be leased to a tenants The City Attorney further expanded on the Director of Planning and Inspection's comments explaining the applicant does have an easement so parking is available. The City Attorney also suggested that the applicant should file an agreement as to when major parking times would occur so :that it was clear that the heaviest parking times of the two establishments would not coincide. The City Attorney suggested appropriate language to be used in the resolution for approval in order to clarify the joint parking agreement. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Planning Commission Application No. 78041 submitted by Cates Construc- tion 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. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of improvements. 4, . Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened. 5. The parking space deficiencies shall be resolved through an easement over part of tract Q RLS No. 1325 filed in HCR or document No. 1019192. This easement shall be supplemented by an agreement between the owner of the said tract Q RLS No. 1325 and the applicant setting forth the hours during which each joint user will conduct business operations requiring maximum parking space. 6. The developer shall provide copies of executed private easements for utility service to the subject property as approved by the City Engineer. 7, The developer shall enter into a standard utility maintenance agreement. 8. A sidewalk shall be provided between the property and the joint parking area. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RE There was a recess at 9:40 p.m. and the Council reconvened at 9:55 p.m. 7 -24 -78 -11- PLANNING COMMISSION APPLICATION NO, 7 8042 R OY J. HANSEN The City Manager introduced the next item of business, Planning Commission Application No, 78042 submitted by Roy J. Hansen, The Director of Planning and Inspection proceeded to review Planning Commission Application No. 78042 submitted by Roy Ja Hansen. The application comprehends a preliminary registered land survey for property at Shingle Creek Parkway and Xerxes Avenue North and was considered at the July 13, 1978 Planning Commission meeting, The Director of Planning and Inspection explained the City Council had approved Planning Commission Application No. 78036 on July 10, 1978, and one of the provisions of approval of the application was that the property be sub- divided by plat or registered land survey prior to occupancy of the building, The Director of Planning and Inspection_ further explained that separate tracts had been recommended for the Shingle Creek greenstrip from 69th Avenue North to FAI -94, for the area where the proposed Shingle Creek Parkway will pass over Shingle Creek and the area where the existing Freeway Boulevard passes over Shingle Creek because the separate tracts would simplify the legal description of the parcels of land which would be dedicated for roadway and park purposes. PUBLIC HEARING Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78042 submitted by Roy Jo Hansen for B.C.I.P. There was no one to speak on the application. The applicant did not wish to add anything further to the application, CLOSE PUBLIC HEARING Motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No, 78042. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously, ACTION APPROVING PLANNING COMMISSION APPLICATION NO. 78042 ' (ROY T. HANSEN) Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Planning Commission Application No. 78042 submitted by Roy Ja Hansen for B.C.I.P. subject to the following conditions: 1 , The final registered land survey is subject to review by the City Engineer, 2. The final registered land survey is subject to the requirements of Chapter 15 of the City Ordinances. 3. Granting of roadway and sidewalk easements along 69th Avenue is subject to approval of the City Engineer. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 7 -24 -78 -12- PLANNING COMMISSI NO. 7 (ROBERT ADELMANN) _ The City Manager introduced the next item of business, Planning Commission Application No. 78044 submitted by Robert Adelmann. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78044 as submitted by Robert Adelmann which comprehends special use, site and building plan approval for a two stall addition in the existing car wash and service station located at 6501 Humboldt Avenue North. The application had been considered at the July 13, 1978 Planning Commission meeting. He commented that the effect of the proposal would be to have the car wash westerly of its present location to provide a drive through car wash. He stated that gasoline service stations were special uses in the C -2 district. The Director of Planning and Inspection explained that the building addition would require a redesignation of the parking for this site as well as an increase in the total number of spaces required but the necessary spaces had been provided for by the applicant. There was a question by Councilmember Kuefler as to the location of this building addition over utilities. The Director of Public Works replied that this practice was allowed in private buildings but not in public buildings. The Director of Public Works further noted that it was his recommendation that the existing storm sewer be lined with cast iron pipe. The Director of Planning and Inspection noted that one of the Planning Com- missions recommended conditions of approval had not yet been met by the applicant. The applicant still had to have the plans certified by a registered architect and certified engineer, PUBLI V HEARING Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78044. There was no one present to speak on the application. The applicant did not wish to add further comment concerning the application. CL OSE PUBLIC H Motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 78044. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, ACTION APPROVING PLANNING COMMISSION APPLICATION NO. 78044 ROBE ADELMANN) Motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Planning Commission Application No. 78044 submitted by Robert Adelmann 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 of permits 7 -24 -78 -13- 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer and prior to the issuance of 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 improve- ments. 4. The special use permits is subject to all applicable codes, ordinances, regulations, and violation thereof shall be grounds for revocation. 5. Any rooftop mechanical equipment shall be appropriately screened from view. 6. Any outside trash disposal facility shall be appropriately screened from view. 7. The entire building is to be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13. 8. Plans shall be certified by a registered architect and a certified engineer prior to the issuance of the building permito 9. The storm sewer pipe shall be reinforced with a cast iron type lining to the pipe. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously, PLANNING COMMISSION APPLICATION NO. 78045 (MR. EMS SYS I NC. The City Manager introduced the next item of business, Planning Commission Application No. 78045 submitted by Mr. Ems System, Inc. The Director of Planning and Inspection proceeded to review Planning Commission Application No. 78045 submitted by Mr. Ems System, Inc, which comprehends a special use, site and building plan approval for the proposed Embers Restaurant to be located on James Circle, south of Freeway Boulevard, This item had been considered by the Planning Commission at their July 13, 1978 meeting. The Director of Planning and Inspection stated some revisions of James Circle were recommended for better traffic flow, including an installation of an island in the cul -de -sac which would provide for one way traffic flow to the property. The Director of Planning and Inspection further noted the required number of parking spaces had been provided for including two handicapped spaces, The Director of Planning and Inspection noted the siding, roofing, exterior of the building and trash disposal facilities were in order. There was a question by Councilmember Kuefler as to who would maintain the island cul -de -sac. The Director of Public Works responded there was some question as to who would maintain the island cul -de -sac, whether it would 7 -24 -78 -14- I . 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, grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of 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 site improvements. 4. Special use permit is issued to the applicant as operator of the facility and is nontransferable. 5. The permit is subject to all applicable ordinances, codes, regulations, and violation thereof, shall be grounds for revocation. 6. The property shall be subdivided by plat or registered land survey prior to the issuance of permits. 7. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 8. The building is to be equipped with an automatic fire extinguishing system to meet MFPA Standard No, 13. 9. Smoke detectors shall be installed in all sleeping units as per Minnesota Building Code Requirement. 10. An underground irrigation system shall be installed as approved by the City Engineer. 11. Plat approval is exclusive of all si.gnery which is subject to Chapter 34 of the City Ordinances. 12. Concrete curb and gutter around the area proposed for the future restaurant site shall be deferred for a three year period and a rolled bituminous curb shall be provided during that time. 13. The area proposed for a future restaurant site shall be maintained with a viable turf; other landscape treatments in this area are deferred for a three year period. 14. Plan approval does not include approval for an outside live -in unit as indicated on the plans; this matter will be the subject of further review and discussion. 15. Three 2 -1/2" trees and a berm in the area deferred for improvement shall be provided as approved by the City Engineer. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. Q_i 1 _7S2 -- - �- ORDINANCE The City Manager explained several different wordings are presented for consideration in changing Health and Sanitation Ordinance No. 8- 108.01. He explained that Mr. Tom Heenan, City Sanitarian, was present to answer any questions the Council might have regarding this issue. The City Manager briefly reviewed the three possibilities for Health and Sanitation Ordinance No. 8- 108.01. Mr. Heenan clarified the term itinerant food establishment in response to questions from the Council. The City Sanitarian explained changing the ordinance to allow, social or service agencies to prepare food other than readily perishable foods in their homes would essentially eliminate control over the source of the food. In response to questions from the Council, Nikki Sevig, a representative of the Mrs. Jaycees, explained the organization's request to be allowed to prepare nonperishable food in their home. She indicated the Mrs. Jaycees would need approximately three itinerant food establishment licenses per calendar year in order to accommodate their needs. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to prepare the amended ordinance using the amended definition of social or service agency for a first reading at the next Council meeting, Inserted in the blank in the amended ordinance should be the number three, itinerant food establishment licenses per calendar year. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. Mikki Sevig asked for clarification of the motion as it relates to itinerant food establishment licenses, The City Manager explained, it was his interpretation, an organization could be granted a total of three itinerant food establishment licenses per calendar year regardless of what type of food was to be sold. Mrs. Sevig explained she had misunderstood the language and felt that three itinerant food establishment licenses per calendar year would be inadequate to meet the needs of the Mrs. Jaycees. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to reconsider the motion just passed because of a misunderstanding concerning the interpretation of the ordinance language. The City Attorney was directed to draw up ordinance language which would address the problem of the interpretation of three itinerant food establishment licenses per calendar year. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. 1 DISCUSSION ITEM The City Manager introduced Frankie Francel of the Northwest YMCA to present information on the Detached Worker Program and its operation in Brooklyn Center. Ms. Francel explained the program had been operational in Brooklyn Center for four years. She indicated the main advantages of the program were kids were kept in the community and workers were able to work in all aspects of a kid's life. She stated the workers deal with the kids and their families in the element 9 -11 -78 -16- for stipulated services. Councilmember Kuefler commented it was his feeling the City should not be in the landlord business and that it would be in the best interest of the City to get a building on the land at 7100 Brooklyn Boulevard which would provide a tax benefit to the City. Councilmember Fignar also expressed a personal commitment to LEAP but also expressed a concern over duplication of services. Councilmember Fignar asked that the staff research duplication of services in such areas as health, transporta- tion, blood pressure and diabetes screening, emergency housing, battered women, and runaways. Councilmember Kuefler also indicated he would like to see a full documentation of CEAP expenditures be made public. Mr. Theisen responded to Councilmember Fignar's concerns in a general fashion, stating the purpose of LEAP was to augment and supplement other government services. Mr. Theisen stated that CEAP works in an emergency advocacy role until other services can be made available. He indicated CEAP is not in competition with other government services nor does LEAP provide perpetual help but serves the purpose of providing immediate help until other types of govern- ment services can be contracted, Mr, Theisen further stated he would make available the LEAP annual report which documents services and, costs. Mr. Theisen againstressed the need for direction from the Council in order that CEAP might proceed in its establishment. The City Manager concurred with Mr. Theisen's comments regarding the importance of a decision and direction from the Council. The City Manager recommended that the option of the contract for services might be the most appropriate option for the City . Motion by Councilmember Kuefler and seconded by Councilmember Scott to direct the to draw up a contract for service agreement with LEAP which would stipulate services which would not be in duplication of other like services. The initial payment for the contracted services would be $115, 000 and thereafter, payments would be $10, 000 per year for four years. The agree- ment will be presented for final approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scotto doting against: Councilmember Lhotka. The motion passed. Councilmember Fignar. abstained. D ECLA R ING S PROPERTY The City Manager introduced the next item of business, the declaration of surplus property which had been deferred from earlier in the Council meeting. Motion by Councilmember Scott and seconded by Councilmember Lhotka to declare the old City Hall, located at 7100 Brooklyn Boulevard, as surplus property to be disposed of according to provisions of the City Charter. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RES NO. 78 -147 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER TOWER MAINTENANCE PROJECT NO. 1978 --30, AND DIRECTING ADVERTISEMENT FOR BIDS (UTILITY CONTRACT 1978 -F) 7 -24 -78 -17- The motion for the adoption of the foregoing resolution was duly seconded by member g p g b r Bill Fignar, and -u on vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -148 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1978 -4 AND SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -5 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO 78 -14 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES, FEES AND CHARGES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER 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. The Director of Public Works explained it appears that underground water is infiltrating into the sanitary sewer either through cracks in the pipe or by way of basement subdrain systems which are illegally connected to the sanitary sewer system. It is suspected that illegally connected basement subdrain systems are causing the majority of the problem. It is recommended that the City retain a consultant to conduct a pilot program in some -portions of the City where the problem seems to be occurring. The Director of Public Works further explained investigations would be carried out in the Willow Lane, Dallas Road areas and, east of Palmer Lake on Newton, and on O`Henry Road from from Brooklyn Drive to Xerxes Avenue. He further explained that consultants would use television cameras placed in the lines to determine the amount of flow in those lines. The Director of Public Works noted that presently we will be i paying $12,000 to $15,000 extra for additional flow into the Metropolitan Waste Control Commission. The Metropolitan Waste Control Commission has conducted a study of communities with inflow and the MWCC states Brooklyn Center does not have a problem; however, the MWCC looks at overall inflow 7 -24 -78 -18- and bases its findings on a comparative study with other communities. It is the feeling of the City Engineering staff that Brooklyn Center does have selected inflow problems. RESOLUTION NO. 78 -150 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR A PILOT PROGRAM TO EVALUATE GROUND WATER INFLOW INTO SANITARY SEWER LINES The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean-Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager requested that the Fire Chief speak to the acceptance of a bid for Fire Department uniforms. The Pire Chief explained it was his recommendation that the bid from Cy's Men's Wear for Fire Department uniforms be accepted even though it was slightly higher than the other bid because the clothing from Cy's Men's Wear was a better quality. He further indicated that if the bid from the other clothier was accepted it would require changing the color of the Fire Department uniforms and in the long run would be costlier. Additionally, the Fire Chief noted that the travelling distance was considerably further to the other clothier. R ES O LUTION NO. 78 -15 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FIRE DEPARTMENT UNIFORMS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION N O. 78 -152 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DIRECTOR OF PLANNING AND INSPECTIONS BLAIR TREMERE 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. 7 -24 -78 -19- - t i I RE SO LU TION NO. 78 -153 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. LEO BEIKLER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote .being taken :thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -154 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. GARY LIVINGSTON The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -155 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PRINTING OF THE FALL RECREATION PROGRAM AND CITY MANAGER'S NEWSLETTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in, favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -156 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Director of Public Works explained the background and need for the resolution pertaining to City owned property south of I -94 and west of Shingle Creek Parkway. I 7 -24 -78 -20- i When the Minnesota Highway Department developed the Section 4f statement as referenced in the Federal Aid Highway Program Manual relative to the utilization of parklands, the Highway Department did not include a small section of City owned land, approximately 600 feet long and 100 feet wide lying south of I -94 and westerly of Shingle Creek Parkway. As a result the Section 4f statement did not comprehend the acquisition of the property or an easement for its use. When the Highway Department began acquisition proceedings for land needed to construct the fill slope for the Shingle Creek Parkway bridge approach, it was determined that the small section of land westerly of Shingle Creek Parkway was needed, The initiation and implementation of the Section 4f statement for the small section of City owned land would cause at least a one year delay in the construction of the Shingle Creek Parkway bridge. A possible alternative is consideration of a provision of Section 4f which does not apply to publicly owned land administered for multiple use of land not needed for park or recreational purpose. According to the provision, if it can be shown that the land in question had initially been planned for highway purposes prior to the establishment of the park area, there is no need to prepare the Section 4f statement for that section of . land lying south of land I -94, westerly of Shingle Creek Parkway. Review of the Brooklyn Center Comprehensive Plan adopted in 1966 indicates the property in question was planned as part of the freeway off ramp. Originally the City had purchased the property lying south of I -94 and west of Shingle Creek Parkway for multiple use rather than parklands. Under interpretation of the Section 4f provision, once the City Council states the land has been purchased for multiple use, there is no need to develop a Section 4f statement for the piece of land so designated by the City Council. The Director of Public Works stated this resolution had been prepared to clarify that the City Council had acquired the small section of land lying south of I -94 and west of Shingle Creek Parkway for multiple use purposes. RESOLUTION NO. 78-157 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION REGARDING CITY OWNED PROPERTY ON THE SOUTH SIDE OF 1 -94 LYING WESTERLY OF SHINGLE CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott, -and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted AM CHAPTER 3 R EGARDI NG CARP AND CANOPIES The amending of the ordinance Chapter 35 regarding carports and canopies was held over to be handled at the same time that Planning Commission Application No. 77064 submitted by Gene Hamilton is handled. 7 -24 -78 -21- LIQUOR LICENSES The City Manager introduced the next item of business, liquor licenses for JEM Bowl, Inc. for Earle Brown Bowl. The City Manager stated that JEM Bowl, Inc, had completed a lengthy application and had been investigated rigorously. The application for the establishment was in order. In response to inquiries from the Council, the City Manager indicated that documentation on the liquor license would be submitted to the Council. There was a question as to when the payment for the liquor license fee was made. The City Manager stated the fee was paid when the business opened. The liquor license applicant was present at the Council meeting. The applicant indicated that he had spoken with the Chief of Police concerning proper operation of this establishment. Councilmember Kuefler stated the City had had some trouble with the management in other liquor establishments and their handling of juveniles. Councilmember Kuefler commented the City was committed to a strict policy with regards to juveniles. The City Manager commented that as part of the investigation, checks had been made in other cities where the owner of this establishment had businesses and that his record of operation was good. Motion by Councilmember Fignar and seconded ,by Councilmember Kuefler to approve liquor licenses for JEM Bowl, Inc for Earle Brown Bowl. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none The motion passed unanimously. The City Manager explained that currently a Planning and Inspection Department staff member, Laurie Thompson, is handling applications for State Home Improve - ment Grant Program funds. The Metropolitan Council has been authorized pursuant to Minnesota Statutes 1976, Section 473.123, Section 473.193, Sections 462.411 to 462.711, with the powers and duties of the Housing and Redevelopment Authority which includes the State Home Improvement Grant Program. The use of a Metropolitan Council for the administration of the Housing and Rehabilitation Program would free staff to devote more time to , the Land Planning Act, RESOLUTION NO, 78 -158 a Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE METROPOLITAN COUNCIL HRA TO APPLY FOR REHABILITATION GRANT FUNDS FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, LAND DEDICATION TO THE CITY BY DAYTON DEVELOPMENT, INC The City Manager introduced the final agenda item, a discussion item on the land dedication to the City by Dayton Development, Inc, The City Manager stated the City had received a letter of inquiry from Dayton Hudson Properties 7 -24 -78 -22- inquiring if the City would accept a dedication of 1 .5 acre parcel owned by their company. The location of the property parallels Highway 100 on the east side across from Brookdale. The City Manager further explained the acquisition of this piece of property and the possible acquisition of certain parcels of tax delinquent property in the area could possibly lead to expansion of Lions Park. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to take the necessary steps to accept the dedication of land from Dayton Hudson Properties. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka and Scott. Voting against: none. The motion passe -d unanimously. LICENSES There was one additional license added to the list of licenses to seek approval of the July 24, 1978 Council meeting. The addition was a request by the Jaycees for a temporary on -sale nonintoxicating liquor license for a softball tournament on August 5, 1978. Motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the following list of licenses and also the additional license requested by the Jaycees: BINGO LICENSE St. Alphonsus Church 7025 Halifax Ave.. No. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Klein Sanitation Box 694, Monticello Maroney's Service Rt. 3, Box 30A, Stillwater ITINERANT FOOD ESTABLISHMENT LICENSE Don's Amusement 7025 Halifax Ave. No. (St. Alphonsus Fun Fair) St. Alphonsus Church 7025 Halifax Ave. No. MECHANICAL SYSTEM'S LICENSE Four Seasons Sheet Metal, Inc. 2964 Jersey Ave. No. ON -SALE INTOXICATING LIQUOR LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle 7 -24 -78 -23- ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE JEM Bowl, Inc. 104 E . 60th St. 6440 ames Circle Brown Bowl J B n ). r Earle PUBLIC DANCE LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle RENTAL DWELLING LICENSE Initial: Outreach Community Center 507 69th Ave. No. Renewal: Roland Scherber 7212 Newton Ave. No. John Mallinger 7224 West River Road Transfer: Donald L. Jensen 5547 Lyndale Ave. No. TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE St. Alphonsus Church 7025 Halifax Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimouslye ADJOURNMENT Motion by Councilmember Kuefler and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none o The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:05 a.m. Clerk M or I 7 -24 -78 -24-