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HomeMy WebLinkAbout1978 09-11 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 SEPTEMBER 11, 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. RO CALL Mayor Dean Nyquist, Councilmembors Tony Kuefler, Bill Fignar, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, and Administrative Assistants Mary Harty and Brad Hoffman. Mayor Nyquist explained Councilmember Lhotka would not be present and was excused. IN The invocation was offered by Pastor Swedberg of Lutheran Church of the Master. APPROVAL OF MINUTES - AUGUST 28 1978 Motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of August 28, 1978 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist opened the meeting for purposes of the Open Forum explaining Mary Meline, 5400 67th Avenue North, had asked to be recognized at the Open Forum. Mrs. Meline explained she was interested in having a stop sign placed at 69th and Perry for the following reasons: 1) There has-been an increase in traffic on 69th due to the new homes in the area, 2) There is heavy traffic between 3:3U p.m. and 7 :30 p.m, when many children are crossing the street in order to return from school and go to the park, 3) Many drivers do not adhere to the 30 mile per hour speed limit in Brooklyn Center because two blocks from this area in Brooklyn Park the speed limit is 35 miles per hour. Mrs. Meline explained it was her understanding that since 69th Avenue was the same as County Road 130, the County would have to have a recommendation from the Brooklyn Center City Council before stop signs would be placed. The Director of Public Works explained speed limits on the road had been set by the County. The County sets the speed limit as determined by the speed at which 85% of the traffic on that particular road travels. The Director of Public Works indicated he had spoken with the traffic engineers at the County concerning this request. The County Engineers indicated they would begin a traffic study in the area to determine whether or not the area meets the criteria for stop signs. In response to questions from the Council, the Director of Public Works explained 9-11-78 -1- the most important factor in determining whether or not stop signs should be placed would be the traffic study. A petition put forth by residents of the area gives an expression of the people in the neighborhood but technically the petition would not have much bearing on the County's decision, The County abides by certain criteria in deciding whether or not to install stop signs. The traffic study will involve a traffic and pedestrian count. The City Manager indicated the City would keep in contact with the County and Brooklyn Park concerning this issue. Mayor Nyquist inquired if anyone in the audience wished to be recognized for the Open Forum; there being none, the Open Forum was closed. PERFORMANCE BONDS There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to release a $1 , 000 bond submitted by Northbrook Alliance Church of 6240 Aldrich Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unani- mously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to reduce the performance agreements for the following projects in the following a:i_ounts: Reduce a $7,500 cash escrow to $1,000 as submitted by Dr. Robert Schell for Schell Clinic, 412 66th Avenue North. Reduce a $10,000 bond to $5,000 as submitted by Harstad -Todd Construction for 7- Eleven Store, 413 66th Avenue North. Reduce a $6, 000 cash escrow to $1, 000 as submitted by Johnny's, Inc. for Pilgrim Cleaners, 6850 Brooklyn E- ulevard. Reduce a $7,500 bond to $2,000 as submitted by Bermel -Smaby Realty, Inc. for Bermel- Smaby office building, at 6500 Brooklyn Boulevard. Reduce a $6,000 cash escrow to $1 ,000 as submitted by Berwin and Kruger, Inc. of Gallery of Homes, 6045 Brooklyn Boulevard. Reduce a $40,000 cash escrow to $5,000 as submitted by John D. Sheehan, Jr. for Holiday Inn, 1501 Freeway Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimot­.'y. The Director of Pianning and Inspection explained to a representative of Gallery of Homes a memo would be sent to the businesses explaining the performance agreement releases or reductim ti APPOINTMENTS The City Manager explained the Community Education and Services Advisory Council requested City Councils to appoint a City Council member to represent the seven municipalities that make up District #281. The present Advisory Council recommends the appointment of Verne Baker, a Council member from Robbinsdale because of his interest in and experience on the Council. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to recommend the appointment of Verne Baker to the Community Education and Services Advisory Council. Voting in favo.: Mayor Nyquist, Councilmerbers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. 9-11-78 -Z - 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 first 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 cf 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 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 Kuefler 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, RESOLU 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 and 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 would be the lead City in drawing up plans for this project. RESOLUTION NO. 78 -197 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- of the City, and Project No, 1978 -31 , 1978 -32 and 1978 -35 which provide utility service for further development of the Ponds Development along Unity Avenue between 69th and 73rd Avenue North, RESOLUTION NO. 78 -198 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVE- MENT PROJECTS NO. 1978 -4 AND 1978 -31; SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -5; STORM SEWER IMPROVEMENT PROJECT NO, 1978 -32 AND 1978 -35, AND DIRECTING ADVERTISEMENT FOR BIDS (UTILITY CONTRACT 1978 -0) 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. The City Manager recommended a resolution establishing Shingle Creek Relocation Project No. 1978 -40 and establishing Central Park Grading Project No. 1978 -41 and establishing Shingle Creek Trailways Project No, 1978 -42 and ordering preparation of plans and sepcifications for all three projects. The project provides for the first phase of the Central Park development program, provides for the general grading of the Central Park area for which the City is receiving a LAWCON grant for 75% of the construction costs, and comprehends the construction of the pedestrian /bicycle trails along Shingle Creek from County Road 10 to County Road 130 for which the City has received a LAWCON grant for 90% of the construction cost. The Director of Public Works explained the LAWCON grant will not pay for the excavation of the creek but the City will receive money for grading work and transporting of the material removed from the creek. The Director of Public Works explained there was a person employed by the City who had done _ excavating ork and was familiar with h n f the equipment. The g famil it the operation o p City will use the cost of gradinq Central Park as soft match for the grant.. In response to questions from the Council regarding possible increased flood chances as a result of the relocation of the creek, the Director of Public Works indicated the relocation of the creek would not increase the flood problem and may in fact lower the likelihood of flooding. He further explained a flood study was now being conducted for that area to determine flood insurance costs. RESOLUTION NO.: 78 -199 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SHINGLE CREEK RELOCATION PROJECT NO 1978 -40, CENTRAL PARK GRADING PROJECT NO. 1978-41, AND SHINGLE CREEK TRAILWAYS PROJECT NO. 1978 -42, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 9 -11 -78 -5- of the total salt is being leeched from the mixture, which is equivalent to approxi- mately $1,500 to $2,000 per year. The salt storage building would be the first phase of this capital improvement. Additionally, in future years, a poured concrete storage area would be added. A mezzanine on the north wall of the present garage has also been suggested for installation in future years. The Director of Finance explained the capital projects fund had been started in 1968 to provide for major capital outlays and /or to reduce capital outlay debt. The sources of the fund include ad valorem taxes, surpluses of other City funds, issuances of bonds, interest earnings of fund, and other sources. It is recommended this particular improvement be financed out of the capital improvement funds in the amount of $58,000. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the appropriation of $58,000 from the capital improvement fund for the street materials storage building. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Special Budget meeting was recessed at 10:00 p.m. and was reconvened at 10:15 p.m. The Detached Worker Program Budget was reviewed. The City Manager explained that with the anticipated demise of the Federal CETA program prior to January 1, 1979, the City will no longer be able to support the Detached Worker Program and no appropriation has been made for 1979. If funding from CETA is extended, it is recommended the program be extended. Additionally, the City Manager commented the Detached Worker Program would have priority if only a specified number of CETA positions could be retained by the City. At this point, it is not the intention of the City Manager to cut regularly funded City positions to save Detached Worker positions. The Council expressed concern over the elimination of the program. In response the City Manager indicated if it was the Council's wish, the Detached Worker could be funded from the Contingency Fund if CETA funds were not available in 1979. The City Manager asked the Council to give consideration to the Detached Worker Program in light of the fact that to insure a consistent future for the Detached Worker Program, money from the municipal budget would have to be allocated. If the City Council wishes to allocate money from the municipal budget to continue this CETA program, the Council should give consideration to other areas which might be reduced or terminated. The City Manager again stated it was not his recommendation to cut other City positions to save the Detached Worker Program. Discussion ensued as to the use of the Detached Worker Program by the Police Department. It was decided to defer further discussion on the Detached Worker Program until other departmental budgets have been considered. The Police Department Budget was reviewed. The City Manager explained because of severe budget restraints and because of the high cost of replacing police officers, no additions to the 9 -13 -78 -6- ORDINANCE - First Reading The City Manager introduced an ordinance amending Chapter 35 regarding carports and canopies for a first reading. He stated the definitions of carport and canopy in the amended ordinance should 'prevent misinterpretation. Motion by Councilmember Scott, seconded by Councilmember Kuefler to offer for first reading an ordinance amending Chapter 35 relative to canopies and carports. Voting in favor: Mayor Nyquist Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Manager stated Council members had received a copy of the Inventory of Human Services as compiled by the Northwest Hennepin Human Services Council. He questioned the Council as to whether or not they might be interested in inviting a representative of the Northwest Hennepin Human Services Council to a Council meeting to explain the Inventory of Human Services. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to recommend arrangements be made for a representative of the Northwest Hennepin Human Services Council to appear at a future City Council meeting to elaborate on the Inventory of Human Services. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The City Manager stated an invitation had been received from Mr. John Boland, Chairman of the Metropolitan Council, to discuss issues relating to communities and the Metropolitan Council at the Maple Grove City Hall on September 28, 1978, at 7 :30 p.m. He stated the invitation had been extended to local elected officials and administrative officers in order that they might have a chance to discuss issues of concern with the Chairman of the Metropolitan Council. This is an informational item and no action was taken, The City Manager referred Council members to a memorandum which they had received from Mr. Brad Hoffman concerning an explanation of projects possible with Community Development Block Grant money. Mr. Hoffman briefly summarized the memorandum stating the extent to which Brooklyn Center can identify needs and establish goals to meet the needs of low and moderate income people compatible with federal philos- ophy will be the primary determinate of the projects in the City's Community Develop - ment program, He indicated there were four areas the City might want to consider: housing needs such as the rehabilitation of existing housing or rent subsidies, park development needs in certain parks, physical barrier projects which would benefit handicapped persons, and administrative costs. Mr. Hoffman stated other areas are possible if the Council has specific projects in mind. The City Manager stated Mr. Hoffman's memorandum had indentified certain possibilities. He explained there is considerable latitude to shape the program as the City sees fit. The City Manager elaborated that certain areas require intense administration such as the processing of applications for rent subsidies, whereas other programs would not require an increase in administrative time nor would they require additional personnel. 9 -11 -78 -7- At this time there was also discussion on the appointment of a City representative for the Citizen's Participation Committee for Urban County. The City Council concurred it would be advantageous to appoint a Commission member as the City representative for the Citizen's Participation Committee. Mr. Hoffman indicated he would check whether or not a Commissioner would be an acceptable appoint- ment according to the guidelines developed for appointment to the Citizen's Participation Committee for Urban County. Councilmember Kuefler indicated a desire to involve all of the City Commissions in some way with the planning process for projects for Community Development Block Grants. It was decided to defer the public hearing on the proposed 1979 City Budget until after the Planning Commission items had been considered. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 78015 submitted by Independence Ten for a preliminary plat approval for the property at 7240 Brooklyn Boulevard. The Planning Commission recommended approval at its August 24, 1978 meeting, The Director of Planning and Inspection explained the need for preliminary plat approval is the result of a condition of approval for Application No. 77026 which rezoned from R -1 to C -1 , a triangular piece of property located northerly of Shingle Creek and easterly of Brooklyn Boulevard. Councilmember Fignar was excused at 8:15 p.m. The Director of Planning and Inspection explained the nr rthern boundary of the property is the municipal City limits between the Cities of Brooklyn Center and Brooklyn Park while the southeasterly property line was originally established according to the center line of Shingle Creek before the creek was realigned He pointed out this meandering boundary line is also the northwest boundary line of the Wingard Addition which consists of several lots, and one of the purposes of the replatting was to clarify the boundary situation since the present creek is to the northwest of that line. He explained meetings had been held with the property owners in the Wingard Addition and the replatting of the area had been accomplished with the cooperation of the property owners in the Wingard Addition. Councilmember Fignar returned at 8:18 p.m. Mayor Nyquist opened the meeting for a public hearing on Application No. 78015. There was no one attending the meeting to speak on the application. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to close the public hearing on Application No. 78015. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 78015 submitted by Independence Ten for preliminary plat approval for the property at 7240 Brooklyn I 9 -11 -78 -8- i I Boulevard subject to the following conditions: 1. The final plat is subject to approval by the City Engineer, 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3, An appropriate easement shall be provided adjacent to Shingle Creek for purposes of environmental protection and a public recreational access (such as trailways & bikeways) as determined by the City Engineer. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 78047 submitted by Josephine Bovy for a variance from Section 35 -400 to permit a house addition with an approximate 10 foot encroachment into the sideyard at 5946 Colfax Avenue North. The Planning Commission recommended denial at its August 24, 1978 meeting, The Director of Planning and Inspection stated the addition requested would encroach approximately 10 feet into the 25 foot side corner setback required for corner lots. He reviewed a transparency showing the location and the configuration of the property in question and stated the applicant has submitted a letter, which is on file, explaining her request and outlining her justifications for the variance. He explained the applicant notes that a patio door in the sideyard of a split entry home has, in essence, become the main entrance to that home. He further stated she points out that weather conditions often make this entryway hazardous, and she contends a hardship would exist if she was not permitted to construct the enclosed entryway. He pointed out the applicant also contends the construction of an enclosed entryway would make this entrance safe for access to the home during all kinds of weather; provide a barrier against the elements which would make the home more energy efficient; and affcrd privacy during the evening hours of darkness from those passing by on the street. The Director of Planning and Inspection explained staff had researched the number of substandard corner lots created after December 19 1957. He reported the research undertaken indicates there are approximately 47 substandard corner lots of record created after this 1957 date, including the applicant's property. He further reported the research indicates the December 19, 1957 date used in the current ordinance language had to do with subdivision requirements establishing 90 foot wide corner lots as a standard. He added the side corner yard minimum setback requirement was also changed from 15 feet to 25 feet around that same time. He stated the rationale for the 1976 amendment was that the ordinance was working a hardship on properties of record prior to 1958 that could have been built upon using the old side corner setback requirement of 15 feet. He explained it also seems clear this amendment was not intended to address all substandard corner lots, but only those that were created under the old ordinance standards. 9 -11 -78 -9- The Director of Planning and Inspection indicated he had suggested to Mrs. Bovy possible alternative ways to deal with the problems she had indicated. He suggested a better use of the front area, a use of the garage entrance, or the use of a canopy over the structure in question. The Director of Planning and Inspection also reviewed the Planning Commission's discussion of draft ordinance language which had been presented to the Commission regarding side corner yard setbacks. The Planning Commission recommended that the present ordinance language be retained because the current 25 foot setback is reasonable and should be maintained. The Planning Commission did not recommend a change of the ordinance language. The Director of Planning and Inspection indicated the question before the Council with respect to amending the current ordinance to allow all substandard corner lots to utilize the 15 foot setback requirement is whether or not the current 25 foot side corner setback is reasonable or desirable. The Director of Planning and Inspection reviewed the fact that setback regulations had been established to, among other things, keep dwellings farther back from dust, noise and fumes of the street; to add to the attractiveness and comfort of a residential district; to provide for aesthetics, uniformity, open space for light, air, view and safety; reduce fire hazards; provide space for off street parking and provide visibility, especially in the area of street corners. Finally, the Director of Planning and Inspection explained the Commission, in considering this application drew parallels between the Hamilton appeal and this application due to the issue of reasonableness of setback standards. Mayor Nyquist opened the meeting for purposes of a public hearing on Application No. 78047. Josephine Bovy of 5946 Colfax Avenue North, as applicant, addressed the Council. Mrs. Bovy indicated the suggestions made by the Director of Planning and Inspection as to alternatives for dealing with the problem, were unacceptable to her. She stated she didn't feel it was fair, in this day of equal rights, to be prohibited from constructing the addition with a 15 foot setback rather than a 25 foot setback because others were allowed to construct with only a 15 foot setback. Councilmember Kuefler explained all standard size lots are also subject to the 25 foot setback so what appears to her to be inequality was in actuality not. Mr. Richard Sutton of 6001 Bryant Avenue North spoke in favor of granting the variance to Mrs. Bovy. He stated the way the home had been constructed left her subject to the ice and snow problem in the entryway in question He indicated the builder had made a mistake and Mrs. Bovy, when buying the home, was not aware of setback requirements. Georgia Longtin, formerly of 906 60th Avenue North, spoke in favor of granting the variance to Mrs. Bovy. She explained that because tLe corner is wide open on that piece of property, the snow blows and drifts and makes the entryway extremely dangerous. She indicated a patio entrance is absolutely necessary on the property. Dolores Hastings of 5813 Aldrich Avenue North spoke in favor of granting the variance to Mrs. Bovy. She explained she was not a neighbor of Mrs. Bovy's but frequently walked by the property and was aware of the problem with the entryway in question. She stated she had often seen the stairs covered with solid ice 9 -11 -78 -10- and believed a covering of some type was necessary. She stated much of the problem stemmed from the fact that the entryway faced the north. Mrs. Tony Brunello, of 6725 63rd Avenue North, spoke in favor of granting the variance to Mrs. Bovy. She explained she went to the Bovy house frequently and indicated the entryway requested was necessary because it was not practical to open the garage door to enter the house nor to walk through the snow around the house to the other entryway. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Application No. 78047. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously, The Mayor asked the City Attorney to comment on what constitutes a mere inconvenience as opposed to a hardship, The City Attorney clarified that hardship means more than economic hardship. As related to real estate, a hardship is a circumstance which detracts or removes from the value of the real estate. For example, a water table might be too high to put in a basement, or the soil might be of such a type which would render inserting footings impossible. By contrast, a mere inconvenience might necessitate a slight change in life style but would not qualify as a hardship. The City Attorney further stated if the variance is allowed on this property, variances on all other similar properties would also have to be allowed. Councilmember Fignar indicated he appreciated the problem as presented by Mrs Bovy and believed the problem might best be dealt with through an ordinance change. He explained he would seek a denial of the present variance request but suggested that it be dealt with through an ordinance change. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to deny Application No. 78047 submitted by Josephine Bovy. As part of the discussion following the motion, Councilmember Fignar requested the City Manager to research changing the present ordinance language to allow substandard lots of record after 1957 to build with a 15 foot setback rather than a 25 foot setback. Councilmember Scott explained that in 1957 the City changed many of its setback requirements. At the time the Council passed the present ordinance language, it was the feeling of the Council that they would be hard pressed to tell a person who was allowed to build with a 15 foot setback before 1957 and came to the Council after 1957 asking to build an addition or a garage that the person would now have to build using the setback requirement of 25 feet. The Council felt this would be causing an undue hardship if the Council required the person to build at a 25 foot setback when their home was built with only a 15 foot setback. Councilmember Kuefler stated he appreciated Mrs. Bovy's desire to improve the property. He noted it was unfortunate the home wasn't built with a different layout. He concurred with other Council members and with the Planning Commission's recommendation to deny the application for a variance because the application does 9 -11 -78 -11- not satisfy variance requirements. He questioned whether or not changing the setback requirements for substandard corner lots would jeopardize the 25 foot setback on standard size corner lots. He asked that the City Manager and the City Attorney research that question, Mayor Nyquist noted he also was appreciative of the problem. He indicated he would like to find a way to help the applicant but he did feel denial of the variance request was in order. • The City Manager explained the City does not presently approve the design of homes nor does the City have intention of approving the design of homes. People choose to :guild or buy particular property on their own,, The issue before the Council is whether or not the 25 foot setback requirement for corner lots is reasonable and necessary. He indicated the frame of reference should not be a particular property but should be the general question of the setback requirements. Josephine Bovy noted she had no idea what the ordinance was when she purchased the property. She explained she was attempting to correct a human error. The City Attorney suggested as part of the motion, reference to the Planning Commission's reasons for.denial should be noted. The motion was amended by Councilmember Fignar, and Councilmember Scott, as seconder, concurred to deny Application No. 78047 submitted by Josephine Bovy because the application does not meet the standards for variances contained in the City Ordinances particularly with respect to uniqueness and hardship. Voting in favor: Mayor N; quist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. As a follow up to this action, the City Attorney was asked to research the legal ramifications of changing the ordinance requirements to allow substandard lots of record after December 19, 1957, to build with a 15 foot setback while maintaining the setback requirements of 25 feet on standard size corner lots. The City Manager explained to Mrs. Bovy an ordinance change would be considered at the next Council meeting, September 25, 1978. The City Manager introduced Application No. 78051 submitted by Brookdale Car Wash for a special use permit, and site and building plan approval for a canopy addition to the Brookdale Car Wash at 5500 Brooklyn Boulevard. The Planning Commission recommended approval at its August 24, 1978 meeting. He noted the City was pleased with the excellent appearance maintained at the car wash by Mr. Stephen Graham. The Director of Planning and Inspection stated the applicant proposes to add two canopy additions along the. west side of the existing Brookdale Car Wash located at 5500 Brooklyn Boulevard. He stated the purpose of the canopies is to provide screening from the sun and the elements for special wax jobs performed by the applicant. He noted each canopy would be attached to the existing building and cover approximately 38 feet where it is attached to the building and extend approxi- 9 -11 -78 -12- mately 14 feet outward and be tapered down approximately 13 feet at the outer most edge. Iie explained the canopy will have a canvas cover and be supported by structural gray aluminum columns. He reviewed a transparency showing the location of the property. - The Director of Planning and Inspection stated gasoline service stations and auto washes are special uses in the C -2 district, and, therefore, the special use permit is also being requested in conjunction with this addition. He stated he felt the applicant does meet the standards for a special use permit. The Director of Planning and Inspection also pointed out the applicant has undertaken many site improvements with respect to landscaping and plantings without any urging on the part of the City. He further stated that these improvements have substantially enhanced the area. Councilmember Kuefler indicated concern about other gas or service stations doing something similar which would be less likely to be maintained. He expressed concern over the potential for eyesores in this type of structure. Councilmember Kuefler noted he was not concerned with the present applicant but was concerned overall. The Director of Planning and Inspection replied he did not feel there would be a problem, The City Attorney noted a special use permit may not be necessary on this type of application but the issue is rather, should the addition be allowed or should it not be allowed, There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Planning Commission Application No. 78051 submitted by Mr. Stephen Graham for the Brookdale Car Wash subject to the following conditions: 1 o Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The special use permit is subject to all applicable codes, ordinances and regulations, and violation thereof shall be grounds for revocation. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scotto Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 78056 submitted by B & G Realty, Inc. for a special use permit and site and building plan approval for a 100 unit motel to be located adjacent to and westerly of the recently approved Embers site on James Circle south of Freeway Boulevard, The Planning Commission recommended approval at its August 24, 1978 meeting. The Director of Planning and Inspection indicated the special use permit is required for a C -2 use in the I -1 district and is provided by Section 35 -330 (3) (f) . He reviewed a transparency showing the location of the property in question, and stated the applicant had indicated that expansion of the proposed motel on the northerly portion of this site or a freestanding restaurant located in the south- 9-11-78 -13- i easterly portion of this site are being contemplated for future development. He noted the applicant had requested deferral of certain site improvements for the area contemplated as a potential restaurant site. He noted it is recommended a rolled bituminous curbing, rather than a concrete B612 curb and gutter, be permitted in the area proposed for the restaurant site. The Director of Planning and Inspection reviewed the parking plans and noted the site plans show a total of 118 parking spaces including four handicapped spaces. He indicated the parking accommodations were six spaces over what ordinance required. The Director of Planning and Inspection briefly reviewed the question of a live -in or housekeeping unit, stating it was likely the issue would be considered in the future. The Director of Planning and inspection commented briefly on the grading, utility and berming plans, and landscaping. The Director of Planning and Inspection explained wood mulch treatment had been recommended by the Planning Commission but the applicant preferred to use a stone chip material. The Planning Commission agreed to the use of stone chip material. Mayor Nyquist opened the meeting for purposes of a public hearing on Application No. 78056. The applicant was present but did not wish to make additional comments. There was no one else to speak on the application. In response to questions from Council, the applicant explained the exterior finish of the building would be a stucco type, Swiss chalet exterior, In response to concerns raised by the Council about the durability of this type of finish, the applicant explained a similar exterior had been utilized in Wisconsin since 1971 and they have had no problems with this type of exterior finish. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to close the public hearing on Application No. 78056. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Planning Commission Application No. 78056 with the conditions as recommended by the Planning Commission, deleting the condition that the property be subdivided by plat or registered land survey prior to the issuance of permits because the platting has been taken care of. In further discussion of the motion, the City Attorney suggested the condition as recommended by the Planning Commission concerning platting should be left in as a condition of approval. The mover and the seconder approved the suggestion made by the City Attorney. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Planning Commission Application No. 78056 submitted by B & G Realty, Inc. subject to the following conditions: 9 -11 -78 -14- i 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 MF PA 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 signery 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. 9 -11 -78 -15- 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, Mikki 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. 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 operation 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- of the situation not from an office. Ms. Francel also explained the 24 hour crisis call and the benefit cf that to the program, She noted kids often like to work with the program, probably because the program is detached and not under the auspices of an institution. As a result, there are not negative connotations to the program. Ms. Francel introduced the two workers for Brooklyn Center, Jan Daniels and Greg Brooks. Both Jan Daniels and Greg Brooks explained some of the work which they were involved with and their observations about the program and about its effectiveness. Council. members indicated they had received a. positive reaction to the Detached Worker Program and felt the program was helpful in our community. The City Manager explained the last discussion item on the agenda would not be considered this evening because the final contract wording with Local #320 had not been approved. The City Manager suggested if the wording had been accepted by the special budget meeting of Wednesday; September 13, it was the City Manager's recommendation that Council review the contract for approval. Councilmember Fignar was excused at 10 :40 p.m. PUBLIC HEARING O N PROPOSED 1979 CITY BUDGET The City Manager introduced the public hearing for the proposed 1979 City budget. He indicated the Director of Finance would briefly explain the budget and the hearing would be adjourned to be reconvened at the Special Budget meeting of September 13, 1978. Councilmember Fignar returned at 10:42 p.m. The Director of Finance briefly highlighted the main elements of the budget. He explained only 10 of every property tax dollar goes .to the City, Included in the budget documents for 1979 are general operations, pensions, and debt retirement. The 1979 proposed budget is $4,820,677 which is an approximate 15% increase over the 1978 budget. The increases are due to increases in insurance, salaries, pensions, street materials, inflation, and, capital outlay expenditures charged to Federal Revenue Sharing have also been increased. Capital outlay expenditures from Federal Revenue Sharing in 1978 amounted to $185,000, whereas in 1979, capital outlay expenditures from revenue sharing funds is proposed at $446,000. The Director of Finance explained that approximately 89% of the budget is proposed for general operations, 6% for pensions, and less than 5% for debt retirement. The Director of Finance noted in the past, unallocated departmental expense was carried in the City Manager's office budget whereas now, unallocated departmental expense is being placed in the "Other Category". The Director of Finance explained revenues as listed in the 1979 proposed budget will be accumulated through property taxes, licenses and permits, intergovernmental revenue, service charges, court fines, and miscellaneous. 9 -11 -78 -17- Since the 1979 budget was proposed, the City has received notification that local government aid is higher than was anticipated. Local government aid is listed in the 1979 proposed budget as 6 %. The City received notification that local government aid would be approximately 14% which would mean an $86,000 increase, Additionally, the legislature changed the form_ ula for computing the assessed valuation on a homestead. The 1979 mill rate for the City of Brooklyn Center is proposed at 18.396 mills. If the $86,000 of anticipated local government aid is used against the tax levy, the mill rate would be reduced. In summary, the Director of Finance explained the budget document includes a summary, a revenue section, appropriation section, departmental appropriations, personnel schedules and supplemental data. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to adjourn the public hearing on the proposed 1979 City budget and to reconvene the budget meeting at 7:30 p.m. on September 13, 1978 in the Council Chambers. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scotto Voting against: none. The motion passed unanimously, REVIEW OF SPECIAL ASSESSMENTS The City Manager explained a special assessment hearing has been scheduled for 8:00 p.m., September 25, 1978. The Director of Public Works noted the assessment costs are lower than the, costs noted at the public hearing on the special assessments. LICENSES Motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: BOWLING ALLEY LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle FOOD ESTABLISHMENT LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Cirlce Orange Julius of Brookdale 1396 Brookdale Center GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Hollies Rubbish Service 2109 Lowry Ave. No. 9 -11 -78 -18- NONPERISHABLE VENDING MACHINE LICENSE Kirby Jensen 6901 Logan Ave. No. Brookdale Ford 2500 County Rd. 10 Sears 1297 Brookdale Center Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to adjourn the meeting, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scotto Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:25 p.m. C Cit Clerk Mayor , � 9 -11 -78 -19-