Loading...
HomeMy WebLinkAbout1993 09-13 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 13, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Kathy Stratton. OPENING CEREMONIES Ms. Betty Tombers offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. Mr. Mike Schwartz who resides on Humboldt Avenue stepped forward to address a traffic problem. The Mayor pointed out this issue is already on the agenda for discussion and asked if Mr. Schwartz could wait until that time. Mr. Schwartz agreed to wait. COUNCIL REPORTS Councilmember Rosene explained he is currently working with the City Manager and Staff to establish rules of decorum for City Council meetings. He said although these rules are not completely drawn u some of them will include the request that the members of the P Y P� q public present at Council meetings refrain from cheering, commenting, booing, or hissing in response to someone's speech. He continued such activity might deter someone of a minority point of view from speaking and asked the audience to abide by these few rules for the remainder of the evening. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Kalligher requested the removal of agenda item 12c. 9/13/93 - 1 - RESOLUTIONS RESOLUTION NO. 93 -131 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING WITH RESPECT TO FINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC. AND CENTER PARK SENIOR APARTMENTS, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -132 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PATRICK J. BORAN FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -133 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR YEAR XIX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -134 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR ACQUISITION OF REAL PROPERTY FOR STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 9/13/93 -2- RESOLUTION NO. 93 -135 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR ANTI -SLIP FLOOR TREATMENT ON POOL DECK AND IN LOCKER ROOMS OF THE BROOKLYN CENTER COMMUNITY CENTER, IMPROVEMENT PROJECT NO. 1993 -17, CONTRACT 1993 -H The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -136 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 09/13/93) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -137 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -138 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL TAB BOOTH AT THE LYNBROOK BOWL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 9/13/93 -3- LICENSES There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the following list of licenses: MECHANICAL SYSTEMS Countryside Heating and Cooling 10880 County Road No. 20 D.C. Mechanical HVAC Service, Inc. 5041 Vincent Ave. N. Quality Air, Inc. 7907 5th Street NE RENTAL DWELLINGS Renewal: Brian Follese 6933 Brooklyn Blvd. TAXICAB Town Taxi #78 2500 Washington Ave. N. The motion passed unanimously. APPROVAL OF MINUTES AUGUST 16. 1993 - SPECIAL SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the minutes of August 16, 1993, special session as printed. Councilmember Mann abstained from voting, and the motion passed unanimously. AUGUST 23. 1993 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of August 23, 1993, regular session as printed. Councilmember Kalligher abstained from voting, and the motion passed unanimously. PLANNING COMMISSION ITEM The City Manager introduced Planning Commission Application No. 93010, submitted by Holiday Station Stores, Inc., request for site and building plan and special use permit approval to construct a gasoline station /convenience store /car wash at 6550 West River Road. He indicated this application was considered by the Planning Commission on August 12 and August 26, 1993, and was recommended for denial. He added a petition had been received that afternoon from Mr. Rod Snyder which included 201 names of property owners in the neighborhood surrounding the site who were opposed to the proposed Holiday Station. The Planning and Zoning Specialist reviewed the contents of the report regarding this application and pointed out all pertinent information is included in the report to the City Council members. 9/13/93 -4- Councilmember Rosene commented it might expedite matters in the future to have an overhead presenting various arguments of different sides of an issue. Mayor Paulson asked if the applicant wanted to address the City Council. Mr. Tom Gedde of Holiday Station Stores, Inc. offered the opportunity for audience members to address the Council first in case anyone was short of time. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 93010, submitted by Holiday Station Stores, Inc. at 7:18 p.m. He inquired if there was anyone present who wished to address the Council. Mr. Gary Brown of 7012 Willow Lane agreed with the original City Staff recommendations for approval of the proposal and expressed his desire to see the Holiday Station built because of safety. He said he sees many children crossing Highway 252 who would not have to do so if there was a convenience store on their side. Mr. Rod Snyder of 640 8 Willow Lan i y e said he was the one who had delivered the petition and explained at last count there were 201 names on it, and he knew of 3 or 4 others who felt the same way but had not been included in the petition. He explained it took eight volunteers working on Saturday and Sunday to collect names for the petition. Mr. Snyder presented five reasons for opposition to the proposal for a Holiday Station. First, he said access in and out of people's property in the area would be greatly impaired. Second, he pointed out in the event all requirements for a special use permit were met, the permit "may" be granted. He noted the Planning Commission did not feel these requirements were met. Third, he said if traffic is a problem, what would it be like in the future. Mr. Snyder quoted Harold Hodgkinson, a nationally known demographer and his statement about out migration. He also gave figures from MnDOT with estimated traffic increase percentages. He sympathized with the right of the property owner and Holiday to seek economic gain, but urged the Council to consider the alternate costs to the community. Mr. Snyder's fourth point asked the question "How close is too close ?" and he presented an overhead detailing the distance of as little as 200 feet that would exist between Holiday and the nearest home. He pointed out these distances are much closer than any of the distances between homes and Superamerica. He also showed a map of the configuration of lanes and pointed out the inferiority of the lanes to support Holiday as compared to what exists for Superamerica, and noted the neighbors were assessed for the cost to create the lanes and did not want it to happen again. In his final point, Mr. Snyder gave figures detailing the number of police calls generated by the Superamerica and urged the Council not to approve a proposal that would add to this problem. Mayor Paulson requested audience members only come forward with a point if it is different from the ones already expressed and reminded the audience not to applaud or respond to speakers. 9/13/93 -5 - Mr. Tom Kouri of 6416 Willow Lane said his concern was about screening and that in his meeting with an attorney he determined lights could not shine into abutting C -1 property at all. He said the burden is on the applicant to show a preponderance of evidence that all conditions of the special use permit were met, which the applicant has not been able to do. He pointed out when gas tanks are filled the air inside must be displaced and with the prevailing winds in the area and no plan for recycling, this could be hazardous to the neighborhood. His final concern was for the noise of the 24 hour car wash. Mr. Al Farms of 7200 Willow Lane said he agreed with previous testimony and expressed his opinion that the quality of the neighborhood would be degraded if the Holiday were approved. He said he was concerned about leakage of an underground tank, and said there was no need for another as station. H suggested the City buy the property and make a g o e sugg ty y p p ty complete study of what could be done with it. Mr. Jerry Blarney of 7136 Willow Lane said he did not think another gas station would enhance the neighborhood as much as something else would. Ms. Ella Sander, Chairperson of the Planning Commission, addressed the Council to remind them after great thought, the Planning Commission arrived at a 6 -1 vote to deny the application. She said she lives in the neighborhood, is very concerned about traffic, and felt a different use for the property that did not stay open 24 hours or cause as much traffic would be better for the community. Mayor Paulson expressed gratitude to the Planning Commission for its efforts. Mr. Phillip DeLayne of 6518 Willow Lane said he was concerned about safety because of the history of the apartment complex property that was recently vacated. He said this history would probably repeat itself in the event of the Holiday Station's construction. He said he had recently had a bullet go through his car, the tires slashed, and seen a car blow up. He added he has seen police chases and drug and narcotic busts take place behind the Atkins property. He also said the National Forestry Service is expanding its limits of concern to 300 feet from the river banks. He asserted a gas station would have an overall negative impact. Ms. Victoria Snyder of 6408 Willow Lane said she was concerned about the steam from the car wash in the winter and spring. She also noted there is no acceleration lane available to accommodate the traffic and she did not think there was adequate room on the site for petroleum truck to deliver fuel. Mr. Richard Merrill who has lived in Brooklyn Center for 31 years, said because he was retired and on a fixed income, he was concerned about an increase in taxes that would be generated by this change and that the burden would fall on the members of the community. 9/13/93 -6- Mr. Gene Gilligan of 6900 Dallas Road said he had lived in the area since April of 1973 and had been a police officer in the city of Minneapolis for 31 years. He said if a business in Minneapolis had received 199 police calls in a year they would consider revoking their license to operate. He said another station in the area does not make sense. Mr. Bruce Morrow of 7212 Willow Lane, resident since March of 1948, said it is already too hard to get onto Highway 252 and the Holiday Station would make it worse. Ms. Shar Bjerke of 7020 Dallas Road said people who don't want to wait at lights try to zip through the neighborhood instead. She said she will not let her children play in the park because the traffic goes by too fast. She also expressed concern about tanks leaking and that nobody knows they are leaking until it's too late. She said with the close proximity of the Mississippi River, this station would not be a good idea, especially since there may not even be a need for gas stations in the future as we may convert to alternate power sources. Mr. Phil Carruthers, who represents most of Brooklyn Center in the Minnesota State House of Representatives, expressed the desire of the community to keep Brooklyn Center a place where people want to live and raise their families. He said he had seen many cities become developed in such a way that no one wants to live there any more, and he said the people of the community don't want this to start happening to Brooklyn Center. Mr. Bill Elsholtz of 6546 Willow Lane said he is the person closest to the site of the proposed Holiday and would be the most affected. He said safety is his greatest concern because of the back side of the business could become another place to conduct illegal business. He pointed out any increase in the tax base to the City would be offset by higher expenses in police cars and possible damages. Ms. Ronda Feidt of 6925 Dallas Road said she is a Hennepin County Probation Officer, and explained the type of crime that is being generated in the Superamerica area. She said the crimes include thefts, worthless checks, assaults, criminal damage to property, drug trafficking, etc. She said the Mall of America in Bloomington has increased crime in that area by 10 %. She added 199 police calls a year is too many for an area, especially considering the type of crimes being committed. Ms. Julie Barry of 7119 Dallas Road said she had contacted the Pollution Control Agency, and they would be willing to work with the City in regards to pollution control. She asked the Council to continue in like manner as the Planning Commission. A recess was called at 8:15 p.m. due to a medical emergency of an audience member. The meeting was reconvened at 8:40 p.m. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to schedule special City Council, EDA, and HRA meetings on Tuesday, September 14, 1993, and Monday, September 20, 1993, at 7:00 p.m. The motion passed unanimously. 9/13/93 -7- There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to continue scheduled public hearings to Monday, September 20, 1993. The motion passed unanimously. The City Council directed that all agenda items not considered this evening be placed on the agenda for September 20, 1993, and the 1994 preliminary budget, levy, and budget calendar be placed on the agenda for September 14, 1993. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned •4 adjourned 8. 1 P .m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 9/13/93 -8-