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HomeMy WebLinkAbout1996 08-12 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 AUGUST 12, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT Mayor Kragness acknowledged the National Night Out celebration and expressed appreciation to all who contributed to its success. Mayor Kragness extended an invitation to Brooklyn Center residents for the Friendship Games (between Brooklyn Center and Brooklyn Park) to be held on Sunday, August 18, 1996, from 2 -5 p.m. at the Edinbrook School. Mayor Kragness announced the appointment of Walter Bursch to the Brooklyn Center Charter Commission. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nichols and seconded by Councilmember Mann to approve the August 12, 1996, agenda and consent agenda passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Nichols and seconded by Councilmember Mann to approve minutes of the July 1, 1996 - Special Work Session; July 15, 1996 - Special Work Session; and July 22, 1996 - Regular Session as printed passed unanimously. APPOINTMENT OF ELECTION JUDGES TO SERVE IN PRIMARY AND GENERAL ELECTIONS 08/12/96 - 1 - A motion by Councilmember Nichols and seconded by Councilmember Mann to approve the list of individuals qualified to be election judges passed unanimously as follows: Precinct 1 Precinct 2 Deloris Cooper, Chair Roger Johnson, Chair Cheryl Bjorlie Helen Bailey Don Gillquist Clarence Beadles Ray Hokenson Kathleen Ditter Pat Hotchkiss Marjory Hamilton Joyce Lindquist Vickie Harris Dorothy Nyberg Lois Holmes Mary Thiebault Donna Jennrich Mary Warne McKevha Thomas Boyd Will Kate Warne Precinct 3 Precinct 4 Ann Bystrom, Chair Rosie Teas, Chair Elizabeth Beadles Ardis Fairchild Charlotte Chermak Virginia Johnson Gladys Clasemann Warren Lindquist Paul Ditter Joyce Nelson Arlene Gillquist Roger Peterson Carolyn Green Joann Reavely Margaret Harris. Selma Ryan Barbara Hokenson Marjorie Silver Greg Larson Luella Torrence Richard Mero Precinct 5 Precinct 6 Earl Larsen, Chair Catherine Wetzel, Chair Lois Froebel Doris Boyum Lorraine Halter Doris Chapman Delores Olson Lora Jefferson James Tobias Arlene Olson Gloria Voeltz Beth Rygh Jean Ward Jim Skare Violet Zumwinkle Margit Sovde Leontine Torkelson E. Margaret Trautwein 08/12/96 -2- Precinct 7 Precinct 8 Mona Hintzman, Chair Trudi Gores, Chair John Andraschko Anne Bergquist Carol Benkofske Elizabeth Olson Karen Bolstad Ernie Olson Kay Brosseau Ethel Pettman Wendy Erklouts Jim Roberts Marion Gagnon Ralph Saline Joyce Gebhardt William Zieska Susan Heisler Eva Tobias Shirley Moore Angie Olson Standby Judges Tracy Tyler Absentee Judi Russell Bankson Betty Dudley Lillian Hetchler Judy Keranen Imelda Mayleben Barbara Sexton Dale Velander Robert Wamberg PROCLAMATION DECLARING OCTOBER 26 1996 AS MAKE A DIFFERENCE DAY A motion by Councilmember Nichols and seconded by Councilmember Mann to proclaim October 26, 1996, as Make A Difference Day passed unanimously. RESOLUTION NO. 96 -150 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD PARTY AGREEMENTS FOR THE 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -151 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/12/96) 08/12/96 -3 - The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -152 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, B &G REALTY 1ST ADDITION (DENNY'S RESTAURANT) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -153 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED, AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1996 -09, CONTRACT 1996 -A, SEALCOAT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. TEMPORARY ON -SALE LIQUOR LICENSE FOR CHAMPP'S AMERICANA A motion by Councilmember Nichols and seconded by Councilmember Mann to approve a temporary on -sale liquor license for Champp's Americana passed unanimously. RESOLUTION NO. 96 -154 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION CONGRATULATING DAYTON'S BROOKDALE ON ITS 30TH ANNIVERSARY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES A motion by Councilmember Nichols and seconded by Councilmember Mann to approve the following list of licenses passed unanimously: AMUSEMENT DEVICES - OPERATOR Ithaca Restaurant, Inc. d/b /a Rookies Bar & Grill 1501 Freeway Blvd. 08/12/96 -4- I AMUSEMENT DEVISES - VENDOR Marcus Vending, Inc. 1945 Lochaven Place GARBAGE AND REFUSE COLLECTION VEHICLES Super Cycle, Inc. 775 Rice Street MECHANICAL SYSTEMS Columbia Building Services, Inc. 2020 Broadway St. NE E.L.K. Mechanical HVAC Inc. 15940 Radium St. RENTAL DWELLINGS Initial: Carol Cichocki 3.300 66th Ave. N. Renewal: Town's Edge Properties Brookhaven Apartments James Ferrara 6031 Brooklyn Blvd. Charles and Maribel Hokanson 5308 Emerson Ave. N. Paul Hinck 4715 France Ave. N. Delores Hanson 7210 Perry Court E. SIGN HANGER Kaufman Sign Company 1622 Central Ave. NE Redwood Signs 108 West Broadway OPEN FORUM Jim McCloskey, 8534 Riverview Lane, Brooklyn Park, addressed the Council regarding discontinuance of the invocation at regular Council meetings. He shared a position statement formulated by members of the Brooklyn Center Prayer Breakfast Committee. Copies of the position statement were distributed to Council members. Councilmember Nichols suggested members of the Prayer Breakfast Committee meet with Council during a work session to offer any input regarding an invocation. A specific date will be determined accordingly. Councilmember Hilstrom clarified the invocation has not been discontinued altogether, but just for the interim until Council review. PUBLIC HEARING AN ORDINANCE AMENDING ORDINANCE NO. 94 -21 REGARDING COUNCIL SALARIES FOR 1997 -1998 The City Manager informed the Council that approval of the ordinance would take Council salaries to the median, reflecting an overall increase of $300 in 1997 and another 2.75 percent increase in 1998. 08/12/96 -5- A motion by Councilmember Mann and seconded by Councilmember Carmody to open the public hearing at 7:08 p.m. passed unanimously. PUBLIC INPUT No public input was offered. A motion by Councilmember Carmody Y and seconded b Councilmember Hilstrom to close the public hearing at 7:10 p.m. passed unanimously. ORDINANCE NO. 96 -11 Member Charles F. Nichols, Sr. introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 94 -21 REGARDING COUNCIL SALARIES FOR 1997 -1998 The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen Mann and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NOS. 96009 AND 96010 SUBMITTED BY PHILLIPS 66 COMPANY The City Manager provided introductory information regarding the applications at hand. He explained a Special Use Permit and Site and Building Plan approval (along with a Variance) were granted in 1993, however, nothing ever transpired after demolition of the existing service station in 1994. The applications at hand consist of a revised plan for a gas station/convenience store with no car wash. The City Attorney explained the Special Use Permit process and informed the Council of its decision options and their accompanying legal implications regarding the variance approval. The Planning and Zoning Specialist explained to Council that the applications at hand would need to receive joint approval; one could not be approved without the other. He provided verbal and overhead transparency information for review by Council which included a map, diagram of the modified plan, and landscaping. Implications related to the burden of responsibility associated with future construction on 69th Avenue for the purpose of redevelopment were discussed. Councilmember Mann asked if the applicant understood the future construction that would be taking place on Brooklyn Boulevard and 69th Avenue by the County to place medians and the implications for the site. John Bannigan, attorney for Phillips 66, replied that his client was aware of the plans. The issue was raised about signage and possible indicators of entrapment. Clarification was offered by the City Manager and City Attorney; Hennepin County oversees signage on 69th Avenue whereas 08/12/96 -6- other signage on the plot itself is overseen by Brooklyn Center. Mr. Bannigan was satisfied with the information provided and did not foresee any issues with Brooklyn Center regarding signage. Councilmember Nichols questioned suitability of the south access in/out of the business during construction of 69th Avenue (beginning Spring 1997 and lasting throughout the construction year). Mr. Bannigan was not concerned indicating reasonably, suitable access would legally need to be provided to the business. Councilmember Hilstrom inquired the length of construction time for the q � business. Mr. Bannigan responded construction would be completed within thirty days from issuance of the permit. Councilmember Carmody inquired about drainage of water from the business. The Planning & Zoning Specialist indicated water drainage would occur from the west end towards the entrance with g P g an a trench drain. A motion was made by Councilmember Mann and seconded by Councilmember Carmody to approve the applications at hand. Further discussion/comment ensued. Councilmember Carmody expressed concern with the plan questioning whether an actual building would be built given previous approval in 1993, and then a vacant, boarded up building remained on the premises for a year. She would vote in favor, but with noted protest. Councilmember Hilstrom noted she would also vote in favor with protest, indicating approval of such a project did not accurately reflect the future plans for redevelopment of 69th Avenue. Councilmember Nichols concurred he was voting in favor under protest given safety issue concerns. Councilmember Carmody strongly encouraged Staff to enforce zoning and/or safety issues associated with this project. Councilmember Mann stated that the conditions were met by the applicant as they had been previously. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 96009 submitted by Phillips 66 Company subject to the following conditions recommended by the Planning Commission: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility 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 based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 08/12/96 -7- 4. Any outside trash disposal facility and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. A Special Use Permit is granted to Phillips 66 Company for a gas station/convenience store at 6901 Brooklyn Boulevard as contained in the plan submitted. Any expansion or alteration of the use shall require an amendment to this Special Use Permit. 11. The Special Use Permit is subject to all applicable codes, ordinances and regulations. any violation thereof shall be grounds for revocation. 12. The plans shall be modified prior to the issuance of building permits to indicate: a. A concrete surface rather than rock mulch along the westerly side of the building between the building wall and screen fence. b. The relocation of four parking stalls along 69th Avenue North so that a minimum 5' greenstrip is provided. C. The elimination of 1 parking space at the southwesterly portion of the site. d. The elimination of 1 parking space at the northeasterly part of the site and the replacement of that parking space with landscaping. e. The elimination of decorative lighting and a 10" illuminated stripe along the westerly building elevation. Addition of low -level motion lighting for 08/12/96 -8- security purposes on the westerly side of the property, provided it is mounted less than 8 feet above ground level. f. The relocation of all landscaping so that it is contained within the boundary of the property and not located in the boulevard right -of -way area. g. The addition of 3 Black Hills Spruce trees on the north side of the building in the sodded area. h. Responsibility for elimination of the gate and maintenance of the fence on adjacent property at the northwest corner of the site. 13. Approval of this Application is contingent on the approval of Planning Commission Application No. 96010 authorizing a variance from the greenstrip requirements contained in the Zoning Ordinance. 14. The applicant acknowledges that driveways serving the site will be restricted to right - in/right -out only movements with future proposed roadway improvements. 15. The access on 69th Avenue North will align with the Post Office driveway on the opposite (south) side. 16. The northeasterly access on Brooklyn Boulevard will be immediately restricted to right in, right out. A "no left turn" sign must be erected at that location. The motion passed unanimously. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 96010, submitted by Phillips 66 Company, for a variance from Section 35 -700 of the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North and along Brooklyn Boulevard, based on a prior approval of a comparable variance and the fact that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to development the property in a reasonable manner. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96012 SUBMITTED BY T.G.I. FRIDAYS. INC. The City Manager explained the application at hand was for rezoning of a 13.09 acre site. The site is bounded on the north by Shingle Creek and the Shingle Creek greenstrip easement area; on the east by the Schmitt Music property; on the south by Freeway Boulevard with I -94 right -of -way on the opposite side; and on the west by the Shingle Creek Plaza Il off ce /industrial building. The Planning & Zoning Specialist provided overhead map transparencies of the project. 08/12/96 -9- Councilmember Mann inquired whether the watershed management plan has already been approved. The Planning & Zoning Specialist responded affirmatively adding the plan has been slightly altered. Councilmember Hilstrom inquired when construction would begin the on the project. Philip Trice, Project Manager, responded construction would begin within sixty days of permit approval. The Planning & Zoning Specialist talked about two recommendations put forth by the Planning Commission in the form of a Council Resolution regarding the disposition of the application. The Council Resolution contains six reasons and rationale for rezoning of the property with the remainder of the resolution containing recommended conditions. Councilmember Hilstrom stated that originally she was concerned about another hotel; however, she has talked with the City Manager regarding occupancy levels at the City's other hotels. She also discussed with the City Manager that the TIF monies are not being used for the plan but simply being used for the movement of the City sewer. The City Manager added that approval of the project, given the nature of the land and design analysis results, is in the City's best interest. RESOLUTION NO. 96 -155 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96012 SUBMITTED BY T.G.I. FRIDAY'S, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (T.G.I. FRIDAY'S INC./CQUNTRY INN AND SUITES) A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regrding the Zoning Classification of Certain Land (T.G.I. Friday's /Country Inn and Suites) passed unanimously. PLANNING COMMISSION APPLICATION NO 96013 SUBMITTED BY THE CROSS OF GLORY LUTHERAN CHURCH The City Manager introduced the application at hand explaining it includes Site and Building Plan approval and a Special Use Permit to construct a 6,810 square foot fellowship hall addition to the Cross of Glory Lutheran Church located at 5929 Brooklyn Boulevard. The Planning & Zoning Specialist provided overhead transparencies of the project. Approval of the application would allow for creation of an addition which would include a fellowship hall, kitchen, and entrance to the church. As well the proposal would allow for some remodeling to add bathrooms and a new elevator. Also included in the project would be elimination of some landscaping; 08/12/96 -10- subdivision of the property to create three new single family lots adjacent to Ewing and 58'/2 Avenue North; and modified parking. He also explained "special use" status in an R -1 zone. Councilmember Nichols inquired why intersections at 57th Avenue & Lyndale, and Dupont & 57th Avenue would be closed and for how long. The Director of Public Services responded closure of these intersections is related to the construction project on 57th Avenue and its being done in two stages. The length of closure will last until the end of September. Mayor Kragness inquired whether construction review letters have been sent out. The Director of Public Services responded general information letters will be sent to residents directly affected by the project. There was a motion by Councilmember Carmody and seconded by Councilmember Nichols to approve Planning Commission Application No. 96013 submitted by the Cross of Glory Lutheran Church subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit is granted for the expansion of the Cross of Glory Church for a fellowship hall, kitchen and entry area. The use may not be altered or expanded beyond the specific approval without being consistent with the City's zoning regulations or an amendment to the Special Use Permit. 2. Building plans for the remodeling expansion project are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits. 5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 6. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinance as determined by the Building Official. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 08/12/96 8. B -612 curb and gutter shall be provided around the altered parking and driving areas. 9. The replat of the property shall receive final approval by the City Council and filed with Hennepin County prior to the issuance of permits for this property. 10. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS SET DATES FOR COUNCIL WORK SESSIONS A motion by Councilmember Carmody and seconded by Councilmember Mann to set Council Work Sessions dates as follows passed unanimously: August 19, October 7, and October, 21, 1996, at 7 p.m. to be held at City Hall. Councilmember Hilstrom commented it would be appropriate for Council to discuss the invocation and desired guidelines; then, hold a meeting with the Prayer Breakfast Committee. Council members concurred. SUMMARIZE CONCLUSIONS REGARDING CITY MANAGER PERFORMANCE EVALUATION Mayor Kragness gave a brief summary of the City Manager's performance evaluation. She informed residents overall results of the six -month review were good and that he has done an excellent job regarding the five criterion goals established by Council. RAPID HEATING & AIR CONDITIONING Duane Biddle, owner of Rapid Heating & Air Conditioning, approached the Council regarding his application for a mechanical license. The City Manager responded appropriate paperwork was not submitted, therefore, Mr. Biddle's license would be up for renewal at the Council's August 26, 1996, meeting. The City Manager apologized for any inconvenience caused and suggested Mr. Biddle contact the Director of Community Development for any clarification. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn the meeting at 8:15 p.m. passed unanimously. A ,1,4 - yt �Kj� City Clerk 0 Mayoi 08/12/96 - 12 -