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HomeMy WebLinkAbout1990 03-12 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 MARCH 12, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were' City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Dwight Gunberg of the Brooklyn Center Prayer Breakfast. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being one g he continued with the regular agenda items. g g CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Pedlar requested item 8a be removed, and Councilmember Paulson requested item 8d be removed from the consent agenda. RESOLUTION NO. 90 -46 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1990 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT 1990- 13, CONTRACT 1990 -B The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -47 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF KAREN JOHNSON The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 3/12/90 -1- i RESOLUTION NO. 90 -48 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF AN AIR COMPRESSOR The motion for the adoption of the foregoing "resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -49 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING COMPREHENSIVE MUNICIPAL PROPERTY AND CASUALTY INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -50 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 14 THROUGH JUNE 24 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. LICENSE TO UTILIZE EXPLOSIVES FOR THE HOWE COMPANY There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the license to utilize explosives for the Howe Company. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: CIGARETTE - OVER THE COUNTER F & M Distributors 5951 Earle Brown Dr. FOOD ESTABLISHMENT Alano Society 4938 Brooklyn Blvd. A e's 1347 Brookdale Center Arrbyby''s s 1341 Brookdale Center Bakers Square 5601 Xerxes Ave. N. Berean Evangelical Free Church 6625 Humboldt Ave. N. Brook Park Baptist 4801 63rd Ave. N. Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Assembly of God Daycare 6030 Xerxes Ave. N. Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale East Cinema 5801 John Martin Dr. Brooklyn Center Athletic Boosters 5620 Humboldt Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. 3/12/90 -2- Brooklyn Center High School 6500 Humboldt Ave. N. Brooklyn Center National Little League 5312 N. Lilac Drive Brooklyn United Methodist Church 7200 Brooklyn Blvd. Brooks Food Market 6804 Humboldt Ave. N. Centerbrook Golf Course 5500 N. Lilac Drive Community Emergency Assistance Program 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Country Store 3600 63rd Ave. N. Davanni's 5937 Summit Drive Days Inn 1501 Freeway Blvd. Dayton's 1100 Brookdale Center Earle Brown Bowl 6440 James Circle Earle Brown Elementary School 5900 Humboldt Ave. N. Evergreen Park Elementary School 7020 Dupont Ave. N. Fanny Farmer Candy Shop 1236 Brookdale Center Food Express 1131 Brookdale Center Harron United Methodist Church 5452 Dupont Ave. N. Holiday Inn 2200 Freeway Blvd. House of Hui's 6800 Humboldt Ave. N. Kentucky Fried Chicken 5512 Brooklyn Blvd. La Casita Mexican Restaurant 2101 Freeway Blvd. Little Brooklyn 6219 Brooklyn Blvd. Lutheran Church of the Triune God 5827 Humboldt Ave. N. Neil's Total 1505 69th Ave. N. New Horizon Day Care Center 6625 Humboldt Ave. N. New Horizon Nursery School 1200 69th Ave. N. Northbrook Alliance Church 6240 Aldrich Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Northwest Residence 4408 69th Ave. N. Num Num Foods Brookdale Snack Bar J. C. Penney 1265 Brookdale Center Pizza Hut 6000 Shingle Ck. Pkwy. Pizza Hut 5806 Xerxes Ave. N. Que Viet 6100 Brooklyn Blvd. Red Lobster Restaurant 7235 Brooklyn Blvd. Sears 1297 Brookdale Center Subway 1960 57th Ave. N. Superamerica 6545 West River Road Superamerica 1901 57th Ave. N. TCBY Yogurt 6034 Shingle Ck. Pkwy. Taco Bell 1150 Brookdale Center Wes' Amoco 6044 Brooklyn Blvd. Willow Lane PTA 7020 Perry Ave. N. MECHANICAL SYSTEMS J. L. Bjorlin Plumbing & Htg. Co. 10701 93rd Ave. N. Wenzel Heating & A/C 1955 Shawnee Road NONPERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Co. 5925 Earle Brown Drive Hoffman Engineering 6530 James Ave. N. 3/12/90 -3- J. C. Penney 1265 Brookdale Center Principal Financial 6160 Shingle Ck. Pkwy. , Ryan Management 6160 Shingle Ck. Pkwy. Ryan Management 6200 Shingle Ck. Pkwy. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Consumer Vending 2828 Lyndale Ave. S. Target Stores 6701 Parkway Circle Maranatha Conservative Baptist Home 5401 69th Ave. N. PERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Co. 5925 Earle Brown Drive Hoffman Engineering 6530 James Ave. N. J. C. Penney 1265 Brookdale Center Ryan Management 6160 Shingle Ck. Pkwy. Ryan Management 6200 Shingle Ck. Pkwy. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Consumer Vending 2828 Lyndale Ave. S. Target Stores 6701 Parkway Circle Maranatha Conservative Baptist Home 5401 69th Ave. N. SPECIAL FOOD HANDLING ESTABLISHMENT F & M Distributors 5951 Earle Brown Dr. Kay -Bee Toy & Hobby 1320 Brookdale Center Toys "R" Us 5425 Xerxes Ave. N. SWIMMING POOL Brookdale Ten Apartments 3305 -3433 53rd Ave. N. Days Inn 1501 Freeway Blvd. Hiway 100 N. France Racquet Club 4001 Lakebreeze Ave. N. Marvin Gardens 68th and Orchard TAXICAB Suburban Taxi Corporation 9614 Humboldt Ave. S. The motion passed unanimously. PRESENTATION Mayor Nyquist noted a presentation was to be made this evening to Dennis Kueng, since he is retiring from the Charter Commission. He noted, however, Mr. Kueng does not appear to be in the audience at this time. RESOLUTION NO. 90 -51 rr Member Jey Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DENNIS KUENG The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PROCLAMATION 3/12/90 -4- Member Todd Paulson introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MARCH 10 -17, 1990, AS CAMP FIRE BIRTHDAY WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Philip Cohen, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:10 p.m. and reconvened at 7:20 p.m. PROCLAMATION Member Philip Cohen introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MARCH 11 -17, 1990, TO BE GIRL SCOUT WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1990 General Fund Budget and Authorizing the Mayor and City Manager to Enter into an Agreement between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc. (BPC). He noted at the February 26, 1990, City Council meeting, the Council directed staff to prepare an agreement between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc. for the provision of services by BPC to the City. RESOLUTION NO 90 -52 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed. Mayor Nyquist and Councilmember Pedlar abstained. The City Manager presented a Resolution Requesting the Minnesota Department of Transportation to Participate in the Costs for Improving West River Road between 66th Avenue North and 73rd Avenue North (Turnback Improvement of Old T.H. 252). He noted this resolution requests MNDOT to prepare cooperative agreements to provide for the sharing of costs relating to the reconstruction of old T.H. 252 (West River Road). Councilmember Pedlar inquired whether the questions and problems in this area have been resolved. The Director of Public Works stated all items have been addressed and noted the trail is on the west side of the road. He stated staff would be reviewing the landscaping needs with residents on a one -to -one basis. RESOLUTION NO. 90 -53 3/12/90 -5- i Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO PARTICIPATE IN THE COSTS FOR IMPROVING WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH (TURNBACK IMPROVEMENT OF OLD T.H. 252) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Receiving Engineers Report Regarding Improvements on Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252, and on Humboldt Avenue North between 65th and 69th Avenues North (Improvement Projects 1988 -25, 1989 -26, 1989 -27, 1990 -11 and 1990 -12) and Calling for Hearing Thereon. The Director of Public Works went on to review the location of the proposed improvements. He noted the Freeway Boulevard modification would be a five -lane improvement with a dedicated left turn lane. He stated 65th /66th Avenue from Humboldt to T.H. 252 meets the requirements for a State aid roadway for four lanes. He noted staff has reviewed the five -lane modification with the State aid representatives, and they have given preliminary approval to the project. He then went on to review the total cost of the project and the proposed funding sources for the project. He noted it would be possible to accomplish the entire project this summer if a public hearing were held on April 9, 1990. Councilmember Cohen inquired if the bituminous overlay would disturb the storm drainage system at Brooklyn Center High School. He noted he recalls there have been a number of problems with the storm drainage system in this area. The Director of Public Works stated he was not aware of any drainage problems for the high school, but he would review this area again. He stated he would not expect the overlay to create a problem. The Director of Public Works stated a special assessment would be levied against all commercial and industrial properties and also R3, R4, and R5 properties. He noted no special assessments would be levied against R1 and R2 property owners. Mayor Nyquist inquired if we would be encouraging more traffic in the area if we upgraded the roadway. The Director of Public Works stated he did not believe the upgrade would encourage anyone who is not currently using the roadway. Councilmember Paulson inquired when the traffic counts were taken for the report. The Director of Public Works stated traffic counts were taken last summer both before the detours and f following completion of I -694. He stated the figure should not reflect any additional detour traffic. There was some discussion as to the Earle Brown Days parade and the Olympic festival events being held this summer. The Director of Public Works stated provisions would be made in the contract to provide the parade route be cleared for the Earle Brown Days parade, and the contractor would also be required to keep the entrances to the hotels and restaurants along this area open and visible for the Olympic festival. Councilmember Paulson stated he feels this is a considerable amount of money for an upgrade of a roadway that is still in good condition. The Director of Public Works pointed out $300,000 of it would be for public utility fund improvements, $250,000 of the project would be for traffic signal improvements, and the balance for the sidewalk and roadway. He added he does recognize this is a considerable amount of money, but staff does believe the improvements are 3/12/90 -6- necessary. RESOLUTION NO. 90 -54 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS ON FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE BETWEEN SHINGLE CREEK AND T.H. 252, AND ON HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH (IMPROVEMENT PROJECTS 1988 -25, 1989 -26, 1989 -27, 1990 -11 AND 1990 -12) AND CALLING FOR HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Accepting Proposal for Engineering 'f Services Relating to Traffic Control Signal Improvements on Freeway Boulevard /65th Avenue North at Humboldt Avenue North and at Dupont Avenue North (Improvement Projects 1990 -11 and 1990 -12). RESOLUTION NO. 90 -55 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO TRAFFIC CONTROL SIGNAL IMPROVEMENTS ON FREEWAY BOULEVARD /65TH AVENUE NORTH AT HUMBOLDT AVENUE NORTH AND AT DUPONT AVENUE NORTH (IMPROVEMENT PROJECTS 1990 -11 AND 1990 - i 12) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Establishing Lift Station Improvement Project No. 1989 -07, Accepting Engineer's Report, Approving Plans and Specifications for Replacement of Sewage Lift Stations 4, 5 and 7 and Ordering Advertisement for Bids. Councilmember Paulson inquired if the residents surrounding the lift stations have been notified of these possible improvements. The Director of Public Works stated all residents have been notified and seem receptive to the improvements. RESOLUTION NO 90 -56 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION RECEIVING LIFT STATION IMPROVEMENT PROJECT NO. 1989 -07, ACCEPTING ENGINEER'S REPORT, APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF SEWAGE LIFT STATIONS 4, 5 AND 7 AND ORDERING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Establishing Improvement Project No. 1989 -25, Storm Water Detention Pond at the Southwest Quadrant of the I- 94/694 Brooklyn Boulevard Interchange, Authorizing an Appraisal of the Property Proposed to be Acquired, and Calling for a Hearing Thereat). The Director of Public Works briefly reviewed the site in question and notccl over the past year 3/12/90 -7- City staff has discussed the possibility of constructing a storm water detention pond on this undeveloped parcel of property. He noted the benefit the City would receive would not solely justify the acquisition of the property. He noted there have been a number of development proposals for the area, but one of the main concerns for this area is the access issue. Councilmember Cohen noted the City has avoided ponding areas in the past because of the risk to children and mosquito breeding. The City Manager noted this would be a very small area where there would not be any permanent retention of water. He noted it would accumulate during peak run -off periods and would provide flood control. The Director of Public Works explained if the Council wishes to proceed, there could be a discussion of a wet or dry pond at the public hearing. He noted ponding areas are more generally accepted now than they were 10 to 20 years ago. Councilmember Pedlar noted the resolution approves the hiring of an Appraiser, and he inquired how much the cost of this would be. The Director of Public Works stated it would be approximately $2,700. Councilmember Pedlar stated he is concerned with spending $2,700 without knowing the neighborhood reaction. He inquired if the City's Assessor could give any ballpark figure for this land. The Director of Public Works stated the City Assessor has appraised it at approximately $153,700. Councilmember Cohen noted the increasing amount of highway development creates more water run -off. He inquired at what point staff would feel the land was too expensive. The City Manager stated it would be worthwhile to rid the City of this land use problem, and there is some benefit in it, but what that is has not yet been determined. Councilmember Cohen pointed out if the City Assessor appraises the property at $153,000, staff can be sure an independent appraiser would not come in below that amount. He suggested letting the property sit, and possibly at some point, the owner would let it go tax delinquent. Councilmember Scott stated it appears MNDOT is trying to get something for nothing. She stated if MNDOT wants the land, then they should buy it. She added she felt an informal public hearing should be held with the neighborhood before spending any money on an appraisal. The Director of Public Works stated the neighbors in the area have approached the City Manager and himself regarding sale of the property to the City. Councilmember Scott inquired why MNDOT could not pay for the appraisal, since they will be receiving the greater benefit. The Director of Public Works stated he has not approached MNDOT on this issue, but he could go back with a counter offer. Mayor Nyquist noted public hearings were scheduled for this evening and he suggested continuing discussion of this item until later in the meeting. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to table consideration of this resolution until later in the meeting. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances Relating to Trespass. He noted this item was offered for a first reading on February 12, 1990, published in the City's official newspaper on February 21, 1990, and is offered this evening for a second reading. He directed the Mayor and City Council to copies of the State Statute and Minneapolis ordinance which were provided in the Council packets. 3/12/90 Q Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances Relating to Trespass and inquired if there was anyone present who wished to speak. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 19 of the City Ordinances Relating to Trespass. The motion passed unanimously. ORDINANCE NO. 90 -06 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATING TO TRESPASS The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 27 -104 of the City Ordinances Authorizing the Removal or Destruction of Advertisements, Buildings or Structures on the Public Highways, Streets or Alleys. He noted this amendment would allow himself or his designee to remove any items placed in the City's right -of -way which are in violation of this existing ordinance. He stated this item was offered for a first reading on February 12, 1990, published in the City's official newspaper on February 21, 1990, and is offered this evening for a second reading. The City Manager noted since the first reading of the ordinance, some questions have arisen from the prosecuting attorney. He stated he recommends opening the public hearing this evening and then tabling action to allow further review by the prosecuting attorney. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 27 -104 of the City Ordinances Authorizing the Removal or Destruction of Advertisements, Buildings or Structures on the Public Highways, Streets or Alleys. He inquired if there was anyone present who wished to address the Council. No one appeared to speak. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to continue the public hearing on An Ordinance Amending Chapter 27 -104 of the City Ordinances to the March 26, 1990, City Council meeting. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing. He noted this amendment would allow a licensee to hold more than one on -sale intoxicating liquor license and also establishes a license for the Earle Brown Heritage Center. He noted this item is offered this evening for a first reading. Councilmember Scott inquired if. General Mills has already applied for a liquor license. The City Manager stated no formal application has been submitted because they did not wish to go any further unless the amendment was in the process of being approved. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 11 of the City 3/12/90 -9- I I l Ordinances Regarding Liquor Licensing and setting a public hearing date of April 9, 1990, at 7:30 p.m. The motion passed unanimously. RESOLUTION NO. 90 -57 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING LICENSE FEES FOR CLASS E AND CLASS F ON -SALE INTOXICATING LIQUOR LICENSES The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 90001 SUBMITTED BY DUANE SAARI REQUESTING APPROVAL OF A VARIANCE TO SUBDIVIDE BY METES AND BOUNDS REDRAWING THE COMMON PROPERTY LINE BETWEEN 5113 PAUL DRIVE AND 6412 SCOTT AVENUE NORTH TO ELIMINATE AN ENCROACHMENT OF THE SAARI DRIVEWAY ON THE NEIGHBORING LOT The City Manager noted this item was first recommended for approval by the Planning Commission at its March 1, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one and two of the March 1, 1990, minutes and information sheet. He briefly went on to review the site and noted no new lots would be created. He then briefly reviewed the conditions for allowing a variance to subdivide by metes and bounds. He then reviewed the one condition recommended for approval by the Planning Commission. He noted a public hearing has been scheduled for this evening and notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90001 and inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 90001. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 90001 submitted by Duane Sarri subject to the following condition: i I. The new legal descriptions and necessary deeds for transfer of property shall be filed with the titles to the property at the County. The motion passed unanimously. PLANNING COMMISSION APPLICATION N0. 89003 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING REZONING FROM I -1 (INDUSTRIAL PARK) TO C-2 (COMMERCE) CERTAIN LANDS LYING NORTH AND SOUTH OF I -694 BETWEEN SHINGLE CREEK AND T.H. AVENUE 100 HUMBOLDT The City Manager noted this application was first reviewed by the Planning Commission on January 26, 1989, and was recommended for approval on March 2, 3/12/90 -10- 1989. He noted this recommendation was reaffirmed by the Planning Commission on March 1, 1990. The Director of Planning and Inspection briefly reviewed the application noting it was first heard on January 26, 1989, by the Planning Commission. He went on to review the recommendations by the Planning Commission and noted the Metro Council has given its approval for rezoning. He noted this item was delayed because of zoning ordinance amendments and the PUD ordinance. RESOLUTION N0. 90 -58 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO LAND NORTH OF THE FREEWAY AND EAST OF SHINGLE CREEK, ADJACENT TO FREEWAY BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -59 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 89003 SUBMITTED BY THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted and Special Uses in the C -1, C -2, and I -1 Districts and setting a public hearing date for April 9, 1990, at 7:30 p.m. The motion passed unanimously. RECESS TO EDA The Brooklyn Center City Council recessed at 9:02 p.m. and reconvened at 9:20 p.m. PUBLIC HEARING - TAX INCREMENT DISTRICT The City Manager stated staff is recommending further continuance of this public hearing to the March 26, 1990, City Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to continue the public hearing on the Tax Increment District to the March 26, 1990, City Council meeting. The motion passed unanimously. RESOLUTIONS (CONTINUED) There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to remove from the table a Resolution Establishing Improvement Project No. 1989- 25, Storm Water Detention Pond at the Southwest Quadrant of the I- 94/694 Brooklyn Boulevard Interchange, Authorizing an Appraisal of the Property Proposed to be Acquired, and Calling for a Hearing Thereon. The motion passed unanimously. 3/12/90 -11- p - - I Councilmember Cohen stated he is concerned with paying for a piece of property which the property owner has no other way of selling. He inquired if it was possible for the City to appraise the property, acquire the property and then give an easement to MNDOT for the ponding. He asked if the City owns the property and an injury or death occurs, is the City responsible. He noted it may be best to have informal meetings with the neighborhood and inquired if the City could be accused of any wrong doing because of inaction. There was a brief discussion regarding how the issue should be handled and whether staff should initiate neighborhood informal meetings and report back to Council. The Director of Public Works pointed out a formal public hearing would have to be held subsequent to the informal meetings. Councilmember Pedlar inquired if this parcel could create any revenue for the City. The City Manager responded negatively. Councilmember Cohen stated if the City does not follow the prescribed MNDOT procedures, will MNDOT really not send storm water to the property. He noted maybe the City can save money and avoid all of MNDOT's policies and procedures. The Director of Public Works stated Councilmember Cohen's alternate could be viable. Councilmember Cohen stated MNDOT knows the cities are short on funding, and it should attempt to change its policies if it is going to cost the cities additional money. The Director of Public Works stated these policies and procedures for acquiring the land are set because MNDOT would be using federal funding for the acquisition. He noted MNDOT is not prepared to complete the project at this point, and if it were, it would probably buy the property. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing staff to meet informally with the neighborhood regarding this issue. The motion passed unanimously. DISCUSSION ITEMS TRANSPORTATION STUDY The City Manager noted a final draft of the transportation survey, which was prepared by the Brooklyn Center Human Rights and Resources Commission with assistance of Northwest Hennepin Human Services Council, was presented for the Council's review. Councilmember Paulson noted he sent a draft of the survey to representatives at MTC and noted he received favorable comments from them. He stated he would like to see a ranking system of what type of transportation the respondents would use. There was a motion by Councilmember Scott and seconded by Councilmember Paulson f instructing taff to i g proceed with the survey. The motion passed unanimously. PARK AND RECREATION COMMISSION RECOMMENDATION TO INSTALL LIGHTS ON THE PATH TO THE LITTLE LEAGUE FIELD The City Manager noted at its February 15, 1990, meeting, the Brooklyn Center Park and Recreation Commission recommended the City Council authorize installation of lights on the path to the Little League fields nearest Centerbrook Golf Course. He noted the Commission was concerned regarding the safety of those using the path. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar 3/12/90 -12- to approve the recommendation of the Brooklyn Center Park and Recreation Commission for installation of lights on the path to the Little League field. The motion passed unanimously. PERSONNEL REQUEST FROM THE ASSESSING DEPARTMENT Councilmember Pedlar inquired if this was a budgeted position. The City Manager stated $17,000 had been approved in the 1990 budget for use of temporary employees for reins ect' Y p ions in the Assessing Department. He noted the City Assessor is proposing to use the two full -time assessment technicians to fulfill the duties of the temporary employees. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving pp in the personnel request g P q est from the Assessing Department and authorizing the staff to implement the proposal. The motion passed unanimously. PRELIMINARY BUDGET DISCUSSION The City Manager stated the staff would begin the budget process soon and noted if the City Council had any suggestions or questions, they should call him. SOCIAL SERVICES BUILDING TASK FORCE The City Manager noted organizations such as mediation, the battered spouse, and the Peacemaker Center have space needs which should be fulfilled. He noted, initially, it was considered to allow space for these in the City Hall addition. However, it has been pointed out some people may not wish to use these services, if they have to go to a public building to use them. The City Manager noted he has been considering having a special work session, and this issue could be discussed at that time. Mayor Nyquist noted one of the issues would be to confirm the premise that this type of facility should or should not be housed at City Hall. If it should not be included in City Hall, then there are many questions, such as where should it be, the cost, and maintenance responsibilities. Councilmember Scott stated Robbinsdale has many social service offices located under one roof which is very helpful to seniors. Councilmember Cohen stated it seems the County and State have a role in this issue, too, because funding also comes from the County and State. He agreed the City has an obligation to these organizations but noted he felt the City should bring the County and State into this process also. OTHER BUSINESS Councilmember Cohen stated he would like to discuss legislative issues at the work session. The City Manager stated he would try and schedule a date somewhere between now and the first of May for a work session. ADJOURNMENT There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10 p.m. 1 �at��� Qa Deputy City Clerk Mayor 3/12/90 -13-