Loading...
HomeMy WebLinkAbout1977 03-14 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 MARCH 14, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 p.m. Roll' Call Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere and Adminis- trative Assistants Brad Hoffman and Ronald Warren, Mayor Cohen reported that Councilman Britts had previously indicated that he would be unable to attend this evening's meeting and, therefore, was excused. Invocation The invocation was offered by Pastor Malakoff of the Brooklyn Center Baptist Church. Approval of Minutes Motion by Councilman Kuefler and seconded by 2 -28 -77 Councilman Lhotka to approve the minutes of the February 28, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Kuelfer and Lhotka. Voting against: none. The motion passed. Councilman Fignar abstained as he was not at that meeting. Appointment of The City Manager introduced the next item of business City Health Officer on the agenda by announcing his appointment of Dr. Duane Orn as City Health Officer. He explained that Dr. R. I. Shragg has served long and faithfully as the City Health Officer but had requested to be replaced approximately one year ago. The City Manager briefly reviewed Dr. Orn's qualifications for the position and commented that he had recently been appointed to represent the City of Brooklyn Center on the Northwest Hennepin Human Services Advisory Commission, He stated that Dr. Orn agrees that serving as the City Health Officer will go hand in hand with the respon- sibilities associated with his appointment to the Northwest Hennepin Human Services Advisory Commission. In response to an inquiry by Councilman Lhotka, the City Manager reviewed the duties and responsibilities of the position and explained that the City Health Officer is responsible for reviewing sewer andl,water plans, providing advice and assistance to the I,City Sanitarian, and is also available to certify injIaries or illnesses for City related matters.. Action Confirming Following further discussion there was a motion by Appointment of City Councilman Fignar and seconded by Councilman Kuefler Health Officer to confirm the City Manager's appointment of Dr'. Duane Orn as City Health Officer. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -1- 3- 14--77 i Motion by Councilman Kuefler and seconded by Action Directing Councilman Lhotka to direct the City Manager to Preparation of prepare a resolution commending Dr. R. I. Shragg for Resolution his long and faithful service as City Health Officer. Voting in favor Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -43 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ' MS. KATHLEEN MILLER 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business, Improvement Projects that of a resolution recommended for the purpose of 1977 -5 and 1977 -6 establishing Sanitary Sewer Improvement Project No. 1977 -5 and Street Surfacing Improvement Project No. 1977 -6, and ordering preparations of plans and specifications. He stated that the two improvement projects are for 55th Avenue North between Queen and Russell Avenues. The Director of Public Works proceeded to review a transparency showing the location of the proposed projects and stated that all four property owners living on 55th Avenue between Queen and Russell had signed petitions in favor of the projects. He stated that the Sanitary Sewer Project is being undertaken to lower the elevation of the sewer line which will enable the four properties on 55th Avenue to have sanitary sewer service in their basements. He added that the Street Surfacing Project would be for replacement of the street due to the installation of the sewer. A brief discussion ensued relative to the different sewer elevation on 55th Avenue, east of Queen. The Director of Public Works stated that the sanitary sewer along 55th Avenue North was constructed in 1955, prior to the development of many of the homes in the area. He explained that due to drainage requirements the installa- tion of the sanitary sewer was such that the elevation east of Queen Avenue was slightly lower than that to the west. He further explained that the sewer along 55th Avenue, east of Queen, is barely deep enough to provide basement sewer service, while the grades of the homes west of Queen are such that basement service is not possible. He stated that a sanitary sewer lift station, located just north of 55th Avenue, was constructed in 1960 to service this area and the immediate surrounding area which makes it possible to lower the elevation of the sewer line on 55th between Queen and Russell Avenues and thus provide basement sewer service. He added that this is the substance of the request of the four property owners. 3 -14 -77 -2- Mayor Cohen recognized Mr. R. A. Darmer, 2401 55th Avenue North, who inquired when 55th Avenue, east of Russell, and Russell Avenue were scheduled for resurfacing. He also inquired if the low elevation on the corner of 55th and' Queen would be corrected to eliminate a current problem of standing water. The Director of Public Works responded that 55th Avenue was sealcoated approximately two years ago and that Russell Avenue was resurfaced in 1968 with a hot mix. He added that street resurfacing for these areas is not planned for the immediate future and would only be done if there was a need due to utility construction.. In response to the inquiry concerning the standing water problem on 55th and Queen, the Director of Public Works stated that grading done during the resurfacing project, associated with the installation of the sanitary sewer, should address this problem, but, because of the flat grade in this area, it cannot be guaranteed that the problem would be completely eliminated. Mr. Darmer also inquired as to why only the four homes on 55th Avenue are being assessed for this project. He then expressed the opinion that the City should be responsible for the cost of the sanitary sewer project because they had permitted the installation of a sewer that would not service the basements of the four homes on 55th Avenue. He added that to his knowledge the property had not been assessed for the original sewer installation. The City,Manager responded that the elevation of the sanitary sewer is within legal requirements, even if the elevation is not deep enough to service the base- ments of the homes on 55th Avenue. He explained that there are other, although few, sewer lines in the City at _similar elevations that cannot service base- ments. Councilman Kuefler corrected Mr. Darmer's statement relating to the assessment for sewer installation by stating that property owners are assessed for these types of improvements. The City Manager pointed out that in many instances sanitary sewers were installed by or at the request of developers prior to the development of homes in the area, and that the developers paid the cost of sewer installation. He commented that this cost is then passed on by the developer to the buyer of a home. He stated that if the developer in this case insisted upon his right to build the four homes despite the inability to provide. basement sewer discharge, then there was no recourse to the City. Mayor Cohen stated that the resolution before the Council was for the purpose of establishing the improve- ment projects and ordering plans for bids. He explained that another resolution, ordering construction of these projects, would be before the Council prior to the commencement of work. He added that although a public hearing for these projects would not be required at that time because 100% of the affected property owners have signed a petition in favor, it would be -3- 3 -14 -77 beneficial to have such a public hearing so that people affedted would be aware of the costs. The Mayor then recommended that a public hearing be held regarding these projects. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -44 RESOLUTION ESTABLISHING SANITARY SEWER IMPROVE- MENT PROJECT NO. 1977 -5 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -6, 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next .item of business, Planning Commission that of Planning Commission Application No. 77009 Application No. 77009 submitted by Roger Lange. He stated that the appli- (Roger Lange) cation was considered by the City Council on February 28, 1977 and was tabled until this evening with a request for further information to be available for the Council's consideration. He further stated that all requested information was available with the exception of a lease arrangement between the applicant and the owner of the building at 4321 68th Avenue North. The City Manager reported that he had been informed earlier today that lease arrangements have not yet been made and that Mr. Lange has requested that consideration of his application be tabled until March 28, 1977 to give him additional time to develop, with the owner, a lease arrangement. The City Manager recommended that the Council again table Planning Commission Application No. 77009 until March 28, 1977 for final consideration. He added that if the lease document is not available at that time, the Council should proceed to act on the application with this fact in mind. Following a brief discussion there was a motion by Action Tabling Councilman Lhotka and seconded by Councilman Fignar Planning Commission to table Planning Commission Application No. 77009 Application No. 77009 submitted by Roger Lange at the request of the applicant (Roger Lange) until March 28, 1977 at,which time the City Council will give final consideration to the proposal. Voting in favor: Mayor Cohen, Councilmen Fignar, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of °business Planning Commission on the agenda, that of Planning Commission Application Application Nos. 77005 Nos. 77005 and 77006 submitted by Howard Johnson and 77006 (Howard Company. He stated that the two applications are for Johnson Company) and site and building plan approval and a special use permit Planning Commission in conjunction with the proposed Ground Round Application No. 76046 Restaurant to be located in the east perimeter area of (Dayton Development Brookdale Shopping Center. He added that Planning Company) 3 -14 -77 -4- Commission Application No. 76046 submitted by Dayton Development Company is an amendment to a joint parking agreement for the purpose of providing parking for the Ground Round Restaurant. The Director of Planning and Inspection proceeded with a review of Application No. 76046 and the Planning Commission action at its January 27 and March 10, 1977 meetings. He stated that the amendment to the application comprehended a joint parking agreement involving the Brookdale Theater, the proposed Howard Johnson Restaurant and the Dayton Development Company on land in the east Brookdale perimeter area. He explained that the City Council had approved an agreement involving this same area on July 26, 1976 when a small retail shopping facility had been pro- posed on the site now proposed for the Howard Johnson Restaurant. He added that this development proposed by Titus, Inc. has since been abandoned. He stated that the Dayton Development Company is prepared to encumber some of its land for parking purposes for the Brookdale Theater and the proposed Ground Round Restaurant and to acknowledge this encumbrance through a joint parking agreement. He next reviewed a transparency showing the location of the property in question and pointed out where the Brookdale Theater and the proposed Ground Round Restaurant are located. The Director of Planning and Inspection then proceeded - 'to review Planning Commission Application No. 77005 and the Planning Commission action at its January 27 and March 10, 1977 meetings. He stated that the applicant was seeking site and building plan approval. for a 237 -seat Ground Round Restaurant on a site in the Brookdale east perimeter area, immediately north of the Bachman Garden Store. He commented that the Planning Commission had recommended that a proposed 1,500 gallon concrete grease interceptor not be included in the site and building plan approval and be subject to further review by the City Health Sanitarian and the Director of Public Works. The Director of Planning and Inspection next reviewed Planning Commission Application No. 77006 submitted by Howard Johnson Company and the Planning Commission action at its January 27 and March 10, 1977 meetings. He explained that this application comprehends a special use permit for live - entertainment in an eating establishment and is in conjunction with the proposed Ground Round Restaurant. The Director of Planning and Inspection then reviewed ' with members of the City Council the provisions of the joint parking agreement contained in the amendment to Planning Commission Application No. 76046. He explained that in addition to marking and striping the parking lot area, it is recommended that concrete delineators be installed at the north end of the parking lot in the area of the Brookdale Theater. He added that the addition of th (-.se delineators will provide a definition to various traffic pattern flows. A brief discussion ensued relative to the joint parking agreement with Councilman F.ignar inquiring as to why the south portion -5- 3 -14 -77 of the parking lot will have only painted traffic delinea- tors rather than concrete delineators as in the north end of the lot. He expressed the opinion that the concrete delineators would further define traffic pattern flows in this area as well as in the north. The Director of Public Works explained that concrete delineators were not recommended for the south parking lot area because this portion of the parking lot was considered to be an existing parking lot not part of the subject applications. Councilman Fignar stated that he was in favor of requiring concrete delineators at the south entrance to the parking lot as well as the north. Councilman Kuefler stated that he felt it would be appropriate to have con- crete traffic delineators on both portions of the parking lot. The Director of Planning and Inspection continued with his review of the joint parking agreement and explained that the proposed 237 -seat Ground Round Restaurant has on site parking space for 55 of the required 126 parking spaces and that an additional 71 spaces would be the substance of the joint agreement. He then proceeded to review the site plan, pointing out the berming, curbing, plantings, and sodding proposed for the site. He commented that an underground irrigation system is required. Relative to the building plan, the Director of Planning and Inspection explained that automatic fire extinguishing systems are also required. He pointed out the location of the proposed grease interceptor and stated that it was recommended that this not be part of the site and building plan approval. He explained that this type of device is not present in any of the other Howard Johnson Ground Round Restaurants in the area and the feeling was that this matter should be subject to further review by the Director of Public Works and the City Sanitarian. In response to an inquiry by Councilman Fignar the Director of Planning and Inspection explained that the building is subject to the handicapped accessibility guidelines of the State Building Code, Mayor Cohen recognized Mr. George Bestrom, repre- senting Dayton Development Company and a discussion ensued relative to Application No. 76046, the joint parking agreement. Mr. Bestrom stated that he feels most of the traffic congestion problems will be at the north end of the parking lot and that the proposed concrete delineators will serve to rectify those problems. He further stated that traffic congestion in the south portion of the parking lot is not as severe and that the painted traffic delineators should suffice. Councilman Fignar stated the opinion that the addition of the restaurant may well add to the congestion in the south portion of the lot and added that concrete delineators would give further definition to traffic pattern flows and, thus, address poteAtial prob- lems Further discussion ensued relative to concrete delineators with the Director of Public Works responding to a question by Mayor Cohen by stating that concrete delineators would be worthwhile and would be required if the area were not considered an already existing parking lot. 3 -14 -77 -6- Following the discussion it was the consensus of the Council that concrete traffic delineators should be installed on the south portion of the perking lot. Mayor Cohen next recognized Mr. Walter Francois, representing the .Howard Johnson Company, and a discussion ensued .relative to Application No. 77005. Mr. Francois stated that Howard Johnson's is prepared to conform} to any requirements proposed by the City Sanitarian regarding the grease interceptor. He added that this grease trap is being put in all new Howard Johnson Restaurants and is designed to protect sanitary sewer systems. Action Approving Following a brief discussion there was a motion by Planning Commission Councilman Fignar and seconded by Councilman Kuefler Application No. 77005 to approve Planning Commission Application No (Howard Johnson 77005 submitted by HO - Ward. Johnson Company subject Company) to the following conditions: 1 . Building plans are subject to approval by the Building Official with respect to applicable codes. 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion for approved site improvements. 4. The parking space deficiency shall be resolved through an approved joint parking agreement, per Section 35 -720, with Dayton Development Company who owns the adjacent land desig- nated as parking. The approved agreement shall be filed as an encumbrance upon the Dayton land prior to issuance of permits 5. Any outside trash disposal facilities and all rooftop mechanical equipment shall be appropriately screened. 6. Approval is exclusive of the grease interceptor device shown on sheet No. SP -2; and shall be subject to approval of the City with respect to applicable codes and utility policies. 7. The landscape plan contained on sheet No. L -1 is hereby amended by the substitution of sod for'the pine bark mulch in the south and east perimeter greenstrip and the proposed curbing on the east side of the project shall include not only the curbing of the restaurant parking lot, but also the westerly edge of the joint parking area as it abuts the restaurant site. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotk_ . Voting against: none. The motion passed unanimously. -7- 3 -14 -71 Following a brief discussion there was a motion by Action Approving Councilman Kuefler and seconded by Councilman Lhotka Amendment to to approve the amendment to Planning Commission Planning Commission Application No. 76046 submitted by Dayton Development Application No. 76046 Company subject to the following conditions: (Dayton Development Company) 1 . The agreements are subject to review and approval by the City Attorney, and to the legal encumbrance requirements of Section 35 -720 of the City Ordinances. 2. The agreement relative to the development comprehended by Application No. 77005 shall be finalized and filed as encumbrance prior to issuance of permits for that project, 3. The agreement shall also comprehend accom- modation of the parking space deficiency for the theater use as directed by Council Resolution No. 69 -34. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. S. Concrete traffic delineators, as approved by the City Engineer, shall be provided on the south portion of the parking lot and shall also be incorporated into the site plans comprehended by Planning Commission Application No. 77005. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen next opened the meeting to notified Public Hearing property owners for purposes of a public hearing relating to Planning Commission Application No. 77006. No one spoke relating to the application. Following a brief discussion there was a motion by Action Approving Councilman Lhotka and seconded by Councilman Fignar Planning Commission to approve Planning Commission Application No. 77006 Application No. 77006 submitted by Howard Johnson Company subject to the (Howard Johnson following conditions: Company) 1 . The permit is issued to the operator and is not transferable. 2. The permit is subject to applicable codes, ordinances and regulations and violation' thereof may be grounds for revocation. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. 1 The City Manager reported that a telephone call was just Planning Commission made to Mr. Twig Leininger who had submitted Planning Application No. 77007 Commission Application No. 77007 which was to be (Twig Leininger) considered at this time on the agenda. He explained that he has been informed that the applicant is not planning to appear this evening and that he intends to withdraw his application and desires no further con- sideration of it. 3 -14 -77 -8- The City Manager commented that Mr. Leininger had apparently decided to withdraw his application some- time prior to this evening's meeting but had failed to inform the Council of his intention. He stated that this action is an unprecedented discourtesy to the City Council and the persons here present that wished to be heard during the scheduled public hearing. Action Acknowledging Following,a brief discussion there was a motion by Withdrawal of Planning Councilman Fignar and seconded by Councilman _ Commission Application Kuefler to acknowledge the withdrawal of Planning No. 77007 (Twig Commission Application No. 77007 submitted by Twig Leininger) and Directing Leininger at the request of the applicant and to direct the Preparation of a the City Manager to prepare a resolution expressing Resolution the City Council's disapproval bf the manner in which the application was withdrawn. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 9 :05 p.m. and resumed at 9 :28 p.m. Planning Commission The City Manager introduced the next item of business Application No. 77010 on the agenda, that of consideration of Planning (Jean Schmitt) Commission Application Noo 77010 submitted by Jean Schmitt, 6200 Brooklyn Boulevard. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77010 and the Planning Commission action at its March I Q, 1977 meeting. He stated that the applicant was seeking a special use permit to operate a proposed single operator beauty shop as a special home occupation at her residence, 6200 Brooklyn Boulevard. He explained that the property is zoned R -1 and that there had been a similar permit authorized for this premises under Application No. 65045 and that the conditions of that permit had expired in 1971. He next reviewed a transparency showing the location of the property and various slides that depicted the site. Mayor Cohen recognized the applicant, Jean Schmitt, who stated that she had nothing further to add to the application. Public Hearing Mayor Cohen read a list of notified property owners and then opened the meeting for purposes of a public hearing relating to Application No. 77010. No one spoke relating to the application. Action Approving Following a brief discussion there was a motion by Planning Commission Councilman Kuefler and seconded by Councilman Fignar Application No. 77 010 to approve Planning Commission Application No. 77010 (Jean Schmitt) ' submitted by Jean Schmitt, 6200 Brooklyn Boulevard, subject to the following conditions: 1 . The permit is issued to the applicant as operator and is not transferable. 2. The permit is subject to all applicable codes, ordinances and regulations, and violation thereof shall be grounds for revocation. 3. A copy of the current State Operator's License shall be kept on file with the City. -9- 3 -14 -77 4. The hours of operation shall be Monday through Saturday, 9 :00 a.m to 5:OO p.m. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Zhotka . Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 77012 Application No. 77012 submitted by First Wisconsin Mortgage Company. (First Wisconsin Mortgage Company) The Director of Planning and Inspection proceeded with a review of Planning Commission Application. No. 77012 and the Planning Commission action at its March 10, 1977 meeting, He stated that the application compre- hends preliminary plat approval for the Shores Townhouse project located north of County Road 10, westerly of June Avenue North. He explained that a final plat for this area had been approved on October 15, 1973, for the original owner developer, Farr Development Corporation. He further explained that the plat was never filed and that First Wisconsin had acquired the property and proposes to market the units as condominium /townhouses this year. He then reviewed a transparency showing the location and configuration of the property in question. ° A brief discussion ensued relative to the application with Mayor Cohen commenting that at least one resident along June Avenue North has stated that young residents of the Shores Townhouses cut through her property. He inquired if a fence had been required along the east side of the Shores property at the time the application was given approval. The Director of Planning and Inspection responded that a snow type fence was required at the time the site was being developed to keep young people and debris out of the area, but that no fencing was required as part of the project -- only extensive berming. Further discussion ensued relative to the preliminary plat proposal �A7ith the Director of Planning and Inspection commenting that buildings on outlots A, B and C had been started but never finished prior to the time that First Wisconsin Mortgage Company had gained control of the property. He stated that the City ordered that these buildings either be completed or abated, and that First Wisconsin had chosen the latter course of action and that the buildings, with the exception of the foundations, had been removed. He added that these areas along with the area described as outlot D, where no buildings had been started, are proposed to be platted as outlots. The Director of Planning and Inspection stated that the townhouses that were completed prior to the transfer of the property have been rented and that the applicant intends to sell these townhouses as they become vacant. Mayor Cohen recognized Mr. Bill Casper, representing the applicant. He stated that outlots A, B, and C could accommodate another 16 townhouses and that First Wisconsin plans to offer these areas, as well as outlot D, for sale as soon as possible. He also commented relative to the site work that will be done in the area as soon as weather permits, 3 -14 -77 -10- In response to an inquiry by Councilman Kuefler, the Director of Planning and Inspection stated that site and building plan approval by the City Council would be required prior to the development of any new units on outlots A, B, C and Da He added that platting for this area into individual lots would also have to be approved by the City Council. He explained that the present proposal by the applicant only comprehends platting fq,r individual lots on areas already developed and constructed. Councilman Kuefler expressed his concern that persons purchasing already constructed townhouses might be under the impression that the outlots are .intended to be open space or common areas or that they might not be aware that the development of these outlots may not take place for some time. Mr. Casper responded by stating that he felt the Homeowners Association document is quite clear regarding the outlots. He explained that the outlots will be dedicated as common space until such time as development occurs. He assured the City Council that there would be complete disclosure to persons purchasing townhouses regarding these outlots. The City Manager stated that there may be some undesirable aspects that could take place relating to these common areas. He suggested that the staff would further evaluate the ramifications prior to consideration of the final plat for this area. In response to an inquiry by Councilman Lhotka, Mr. Casper stated that as units become vacant they are cleaned up and rehabilitated and then offered for sale. He added that persons are not being evicted now so than the units can be sold. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing. No one spoke relating to the application. Action Approving Following further discussion there was a motion by Planning Commission Councilman Fignar and seconded by Councilman Kuefler Application No. 77012 to approve Planning Commission Application No. 77012 (First Wisconsin submitted by First Wisconsin Mortgage Company subject Mortgage Company) to the following conditions: 1 . Final plat is subject to review by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The Homeowners Association agreement and bylaws shall be subject to review by the City Attorney. 4. The ownership, management and maintenance of all outside common areas and common facilities, including roadways, utilities, and street lighting, shall be under the jurisdiction of one Homeowners Association .5. The Homeowners Association agreement and bylaws shall include:- -11- 3- 14 --77 a. Provision for the City to provide maintenance and revitalization of roadways, utilities, and other common use facilities in the event the City Council deems such maintenance and revitalization necessary. The cost of such expenses that might be incurred shall be assessed to the property owners; and b. Provision for water and sewer main and fire hydrant maintenance and inspection agree- ments pursuant to Section 35 -410 (5) of the City Ordinances. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion ` passed unanimously. IP Mayor Cohen announced his appointment of Eleanor Mayoral Appointment Bradway, 7207 Noble Avenue North, and requested Council to the Human. Rights confirmation. He stated that Mrs. Bradway has been a Commission resident of Brooklyn Center for 25 years and has a desire to become involved in community service activity and is quite interested in the area of human services. Council - man Lhotka stated that both he and Chairman Weyrauch have interviewed Mrs. Bradway and are of the opinion that she would be an asset to the Commission. Councilman Lhotka next introduced Eleanor Bradway to ' members of the City Council. Motion by Councilman Lhotka and seconded by Councilman Fignar to confirm Mayor Cohen's appoint - ment of Eleanor Bradway to the Human Rights Commission effective immediately for a term to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. I The motion passed unanimously. Mayor Cohen recognized Dolores Hastings, a member of League of Women the League of Women Voters, who announced that the Voters Announcement League in cooperation with Hennepin County is sponsoring a panel discussion relating to County government today and in future to be held at the Hennepin County Government Center on April 14, 1977. She urged members of the City Council to attend this panel discussion and to also submit questions of importance to be discussed at this affair. The City Manager introduced the next item of business Liquor License on the agenda, that of a request by the Howard Johnson (Howard. fohnson Company for an on sale liquor license and a Sunday on Company) sale liquor license for tie Ground Round Restaurant to be located on the County Road 10 periphery of Brookdale Shopping Center. He explained that this request is in conjunction with Planning Commission Application Nos. 77005 and 77006 which the Council had given favorable approval to at this evening's meeting. The City Manager explained that the City of Brooklyn Center has one of the most stringent liquor license , requirements in the State and that it has long been the City Council's policy that liquor licenses are a grant from the government, not a privilege to the licensee to do with as they please. He added that the applicants are thoroughly investigated in all aspects of the pro - posed operation. 3 -14 -77 -12- Councilman Fignar left the table at 10:10 p.m. The City Manager reported that the police department has completed an investigation of the principals involved in the application and that a copy of that report has been submitted to the City Council. He stated that other requisites to the issuance of a liquor license have been met by the applicants. He com- mented thit the Howard Johnson Company has a _good reputation for operating this type of establishment which is a family type restaurant with a bar business geared more for the younger adult. He added that presently there is not a restaurant in the City which is geared for this type clientele. He reported that the Howard Johnson Company has a good, clean record of management and that the license is recommended for approval. Councilman Fignar returned to the table at 10:13 p.m. Mayor Cohen inquired as to the relation between Sheehy Construction Company and the applicant. The City Manager responded that Sheehy Construction Company will construct and own the building in which the restaurant will be located and will offer the Howard Johnson Company a long term lease to operate. Mayor Cohen commented as to some problems experienced at the Fridley Ground Round Restaurant and inquired if the operation in Brooklyn Center would be the same as that in Fridley. Mr. Walter Francois, representing the Howard Johnson Company, responded that the proposed operation will be similar to that in Fridley with some electronic and mechanical games located in the bar area. He explained that recently the Fridley operation attracted a rough crowd which led to the problems mentioned by the Mayor. He stated that these problems were short lived and do not now exist. He added that it is the Company's policy to employ inspecting personnel on weekends to verify identification cards of all young people frequenting the establishment. Councilman Kuefler stated that this facility is of the type that has long been requested and sought after for location in the City. He added that he is pleased to see the proposal and spoke in favor of the appli- cation. Mayor Cohen reiterated that the liquor license is a grant from the City government and that the City has strived to not get involved with liquor license problems that many other cities have become involved in. He ' stated that for this reason, an applicant is thoroughly investigated at the time of application. He expressed the opinion that the police department investigation seems to indicate that the Ground Round will be a credit to the community and he also spoke in favor of the application. The City Manager pointed out that there presently is no designated manager for the operation. He explained that this fact is not unusual in that the building has not yet been constructed and that no liquor license has yet been granted. He emphasized the importance of -13- 3- -14 -77 good management and that the manager must work closely with the police department to avoid the problems before they get out of hand. He added that the Howard Johnson Company is aware of this concern and has expressed their wi- dingness to cooperate. He further stated that it is recommended that the City Council authorize the issuance of the liquor licenses with the understanding that the license will not be actually issued until a restaurant manager is designated by the Company and that person is favorably investigated by the City. Following a brief discussion there was a motion by Action Authorizing Councilman Kuefler, seconded by Councilman Lhotka to the Issuance of a authorize the issuance of an on sale intoxicating liquor Liquor License license to the Howard Johnson Company for the Ground Round Restaurant subject to an affirmative recommenda- tion to the City Council following the designation and investigation of a restaurant manager. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion b Councilman i r F na and seconded ded b Action Authorizing Fignar Y g Councilman Lhotka to authorize the issuance of an the Issuance of a on sale intoxicating Sunday liquor license to the Howard Sunday Liquor Johnson Company for the Ground Round Restaurant License subject to an affirmative recommendation to the City Council following the designation and investigation of a restaurant manager. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Licenses Councilman Lhotka to approve the following licenses: BINGO LICENSE Bob Watson St. Alphonsus Church BULK FOOD VEN MACHINE LICENSE Brooklyn Center Lions Box 29092 K -Mart 5930 Earle Brown Dr, CIGARETTE LICENSE Jerry's Brookdale Super Valu 5801 Xerxes Ave. N. FOOD ESTABLISHMENT LICENSE Beacon Bowl 6525 Lyndale Aver N. Brooklyn Center Evangelical Free Church 6830 Quail Ave. N. Brooklyn Plaza Cinema, Inc. 5801 John Martin Dr. Chuck Wagon Inn 5 72 0 Morgan Ave. N. Donaldson's, Inc. 1200 Brookdale Center Farrell's Ice Cream Parlour 5524 Brooklyn Blvd. Hickory Farms Store Brookdale Shopping Ctr. House of Louie 6800 Humboldt Ave. N. Jerry's Brookdale Super Valu 5801 Xerxes Ave. N. K -Mart 5930 Earle Brown Dr, Bernard Lynch d Brooks Superette 6804 Humboldt Ave. N. Maranatha Conservative Home 5401 69th Ave. N. McDonald's 5525 Xerxes Ave. N. Northport Elem. School 5421 Brooklyn Blvd. Ricco's Cafe 5742 Morgan Ave. N. Rog & Jim's Superette 6912 Brooklyn Blvd. Service Systems Corp. Soo Line Building Northwestern Bell 5 910 Shingle Ck . Pkwy. Servomation 4301 68th Ave. N. 3 -14 -77 -14- MECHANICAL SYSTEMS LICENSE Cool Temp. , Inc. RR #1 Faircon, Inc. 1955 W. Co. Rd. B2 NONPERISHABLE VENDING MACHINE LICENSE Anderson Automatics, Inc. 4912 France. Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Bonine Vending 125 River Edge Way BrookdOe Towers 2 810 Co. Rd. 10 B.C. City Hall 6301 Shingle Ck. Pkwy. B.C. Community Center 6301 Shingle Ck. Pkwy. Brooklyn Service Center 6901 Brooklyn Blvd. Brooklyn Plaza Cinema 5801 John Martin Dr. Continental Sign & Adv. Co. 4315 70th Ave. N. Davies Water Equipment 4010 Lake Breeze Ave. N. Dean's Vending PaO. Box 380 Brookdale Motel 6500 Lyndale Ave. N. Gold Medal Beverage Co. 553 N. Fairview Ave. Ault, Inc. 1608 65th Ave. N. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Brookdale Towers 2 810 Co. Rd. 10 B. C. City Hall 6301 Shingle Ck. Pkwy Group Health 6848 Lee Ave. N. Hi -Lo Mfg. Co. 6520 James Ave. N. Maranatha Baptist Home 5401 69th Ave. N. McCulloch Co. 1800 65th Ave. N. McKee Station 6830 Brooklyn Blvd. Northport School 5421 Brooklyn Blvd. North Star Dodge 6800 Brooklyn Blvd. OK Tire - 6900 Brooklyn Blvd. Phillips 66 6850 Brooklyn Blvd. Phillips 66 5001 Drew Ave. N. Phillips 66 6548 Lyndale Ave. N Shopper's City 3600 63rd Ave. N. Snyder Bros. Drug Brookdale Center Standard Station 6900 Humboldt Ave. N. Standard Station 6600 Lyndale Ave. N. Tempo School of Dance 6914 Brooklyn Blvd. Union 76 2000 57th Ave. N. Warner Hardware 2105 57th Ave N. K -Mart 5930 Earle Brown Dr. Lance, Inc. 4900 Abbott Ave. N. Brookdale Car Wash 5500 Brooklyn Blvd. Pil rim le ner's 748 Morgan Ave. C a 5 N. Bill West 2000 57th Ave. N. Maranatha Baptist Home 5401 69th Ave. N. Service Systems Soo Line Building Northwestern Bell 5910 Shingle Ck. Pkwy. Servomation 4301 68th Ave. N. Allied Store Brookdale B.0 —Post Office 6848 Lee Ave. N. Dayton's Brookdale Iten Chevrolet 6701 Brooklyn Blvd ' J.C. Penney's Brookdale J.C. Penney's TBA Brookdale Servomation 4301 68th Ave. N. State Farm 5930 Shingle Ck. Pkwy. Pioneer Dist. 5200 W. 74th St. LaBelle's 5925 Earle Brown Dr. Ralph's Super Service 6601 Lyndale Ave N. OFF -SALE NONINTOXICATING LIQUOR LICENSE Jerry's Brookdale Super Value 5801 Xerxes Ave. N. -15- 3 -14 -77 PERISHABLE FOOD VEHICLE LICENSE Little Friends Day Care Ctr, 5840 Humboldt Ave. N. PERISHABLE VENDING MACHINE LICENSE Bonine. Vending 125 River Edge Way Brookdale Towers 2 810 Co. Rd 10 B.C. Community Center 6301 Shingle Ck Pkwy. Brooklyn Service Center 6901 Brooklyn Blvd. Dean's Vending P.O. Box 380 Brookdale Motel 6500 Lyndale Ave. N. Servomation Corp. 4301 68th Ave. N. Allied Store Brookdale B.C. Post Office 6848 Lee Ave. N. , Dayton's Brookdale Iten Chevrolet 6701 Brooklyn Blvd. J.C. Penney's Brookdale J.C. Penney's TBA Brookdale Servomation 4301 68th Ave. N. State Farm 5930 Shingle Ck. Pkwy. Pioneer Dist. 5200 Wo 74th St. LaBelle's 5925 Earle Brown Dr, SPECIAL FOOD HANDLING LICENSE Ideal Drug Store _ 6800 Humboldt Ave. N. LaBelle's 5925 Earle Brown Dr, Snyder Bros. Drug Brookdale Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager reported that State Senators Skip Dutch Elm Disease Humphrey and Bill Luther were not able to attend this Legislation evening's meeting to discuss Dutch elm disease legislation because of conflicts with other scheduled meetings The City Manager announced that Brad Hoffman, Staff Transfer administrative assistant in the police department, has been transferred to the administrative assistant position in the city :manager's office. He explained that he was immediately reassigned to the police department and will be spending approximately 80% of his time working in the police department until a replacement can be hired and trained. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption NO. 77 -45 RESOLUTION TO ASSIGN THE PROCEEDS OF THE SALE OF REAL PROPERTY OWNED,BY THE CITY 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: Philip Cohen, Tony Kuefler, Bill Fignar and Gene Lhotka; and the following voted against the same: ncbe, whereupon said resolution was declared duly passed and adopted, 3 -14 -77 -16- Adjournment Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:29 p.m. Clerk or -17- 3 -14 -77