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HomeMy WebLinkAbout1990 04-09 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 APRIL 9, 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 7:02 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, Finance Director Paul Holmlund, 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 Councilmember Scott. 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 none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Paulson requested item 6c be removed from the consent agenda. APPROVAL OF MINUTES - JANUARY 29 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the January 29, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 12 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the February 12, 1990, City Council meeting. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 22 -28, 1990, AS BROOKLYN CENTER VOLUNTEER RECOGNITION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by 4/9/90 -1- member Philip Cohen, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90 -67 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -68 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE BENEFITS FOR THE EDA ASSISTANT COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -69 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR REPLACEMENT OF POST LIGHTS IN FRONT OF CIVIC CENTER (1990 BUDGET ITEM) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -70 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF ONE (1) 11,000 GVW CAB /CHASSIS, DUMP BODY, HYDRAULICS AND PLOW The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the - motion passed unanimously. RESOLUTION NO. 90 -71 Member Celia Scott introduced the following resolution and moved its adoption: DECLARING SURPLUS PROPERTY The motion for the Adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the following list of licenses: CIGARETTE - OVER THE COUNTER 4/9/90 -2- Lynbrook Bowl, Inc. 6357 North Lilac Drive FOOD ESTABLISHMENT Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Babe Ruth Evergreen Park Brooklyn Center Babe Ruth Grandview Park Brooklyn Center Mobil Super Mart 6849 Brooklyn Blvd. Burger King #220 6110 Brooklyn Blvd. Carmel Corn 1333 Brookdale Center Chuck Wagon Inn 5720 Morgan Ave. N. T. J. Cinnamons Bakery 1345 Brookdale Center Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Donut Delight 6838 Humboldt Ave. N. Earle Brown Commons 6100 Summit Drive 50's Grill 5524 Brooklyn Blvd. Kim Fung 5704 Morgan Ave. N. Ground Round, Inc. 2545 County Road 10 Hickory Farms (Kiosk) Brookdale Mall Gloria Jean's Coffee Bean 1119 Brookdale Center K -Mart 5930 Earle Brown Drive Kids' Time Out 5611 Xerxes Ave. N. Lynbrook Bowl, Inc. 6357 North Lilac Drive Maranatha Cons. Baptist Home 5401 69th Ave. N. McDonald's 5525 Xerxes Ave. N. Minnesota Vikings Food Service 5200 West 74th Street U. S. West 5910 Shingle Ck. Pkwy. Nutrition World 1271 Brookdale Center 1 Potato 2 1319 Brookdale Center Perkins Family Restaurant 5915 John Martin Drive Scoreboard Pizza 6816 Humboldt Ave. N. Subs Etc. 6048 Shingle Ck. Pkwy. T. Wright's 5800 Shingle Ck. Pkwy. Yen Ching Mandarin Restaurant 5900 Shingle Ck. Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6301 Shingle Ck. Pkwy. MECHANICAL SYSTEMS Able Mechanical Services 8701 Hillswick Trail Aer, Inc. Box 1146, St. Cloud All Season Comfort, Inc. 55 Mound Street A. Binder & Son, Inc. 120 East Butler Ave. C. 0. Carlson Air Conditioning 1203 Bryant Ave. N. Centraire, Inc. 7402 Washington Ave. S. Custom Mechanical Inc. 5973 3rd Street NE Dean's Heating & A/C Route 4, Box 372 Louis Degidio, Inc. 6501 Cedar Ave. S. Egan & Sons Co. 7100 Medicine Lake Road Gas Supply, Inc. 2238 Edgewood Ave. S. Midwest Equipment Co. Inc. 300 West University Minnesota Heating & A/C 6908 Georgia Ave. N. Modern Heating & A/C 2318 First Street NE 4 -3- Pete's Repair, Inc. 8835 Xylon Ave. N. Realistic Heating & Cooling, Inc. 10604 Radisson Road NE Sedgwick Heating & Air Cond. 8910 Wentworth Ave. S. Thompson Air, Inc. 5115 Hanson Court Fred Vogt & Co., Inc. 3260 Gorham Avenue MOTOR VEHICLE DEALERSHIP Brookdale Pontiac 6801 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. SIGN HANGER Sign Service 1016 North Fifth St. SPECIAL FOOD HANDLING ESTABLISHMENT Paper Warehouse 5900 Shingle Ck. Pkwy. SWIMMING POOL Twin Lake North Apartments 4536 58th Ave. N. The motion passed unanimously. APPROVAL OF MINUTES - 26 1990 - REGULAR SESSION Councilmember Paulson stated on page nine of the February 26, 1990, City Council minutes, the first paragraph should reflect that Councilmember Pedlar stated he happens to be a tobacco user. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve the minutes of the February 26, 1990, City Council meeting as corrected. The motion passed unanimously. PRESENTATION - CHARTER COMMISSION Mayor Nyquist noted this evening a presentation of two plaques would be made to Mr. Dennis Kueng for his service on the Charter Commission. He thanked Mr. Kueng for his time and service to the Charter Commission. _RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Regarding Tree Removal Project No. 1990- 13, Contract 1990 -B. .Councilmember Scott inquired as to the location of the dump site. The Director of Public Works stated a combination of areas would be used including sanitary land fills and agriculture areas that are allowed for this use within the law. He noted there is no dump site within Hennepin County. Councilmember Pedlar stated he felt the staff's concerns regarding the references and complaints of the low bidder should be related to this company. Councilmember Paulson inquired why the contractor that was used last year came in at such a high bid. The Director of Public Works stated he believed this contractor has been awarded many other contracts and was not as eager for our contract this year. RESOLUTION NO 90 -72 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1990 TREE REMOVAL PROJECT NO. 4 -4 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. The City Manager presented a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Improvement Project 198'8 -18. He noted this is for reconstruction of West River Road from 66th Avenue North to 73rd Avenue North. The Director of Public Works gave a brief history of this project and noted it comprehends total reconstruction from 63rd Avenue North to 73rd Avenue North on West River Road. He noted there would be concrete curb and gutter and a trailway constructed on the west side. He stated the landscaping is not included in this contract. He added if bids are opened in May and the necessary approvals are received from MNDOT, the project could be completed this fall. Councilmember Pedlar inquired if the $1,046,000 preliminary estimate included the landscaping. The Director of Public Works responded affirmatively. Mayor Nyquist inquired if there was any danger of the City using too much of the State aid funds. The Director of Public Works stated the funding for this project comes from the turnback fund which is different from State aid funds. RESOLUTION N0. 90 -73 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT 1988 -18 - RECONSTRUCTION OF WEST RIVER ROAD FROM 66TH AVENUE NORTH TO 73RD AVENUE NORTH 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 Approving Agreement with Northern States Power Company to Remove Overhead Power Lines on West River Road between 66th Avenue North and 73rd Avenue North, Improvement Project 1988 -18. Councilmember Pedlar inquired if there would be any charges to the residents for this action. The City Manager stated the residents would not receive any type of charge. RESOLUTION NO 90 -74 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY TO REMOVE OVERHEAD POWER LINES ON WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH TO 73RD AVENUE NORTH 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 Amending the 1990 General Fund Budget.. He stated this action would transfer funds from the contingency account to pay for the application process for the All - America City Committee. He noted at the time of the last application the City did pay for this application. RESOLUTION NO 90 -75 4/9/90 -5- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:25 p.m. and reconvened at 7:32 p.m. ORDINANCES The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances. He noted this amendment relates to the parking and storage of vehicles and equipment in residential areas. He stated this item was first read on February 26, 1990, published in the City's official newspaper on March 7, 1990, and is offered this evening for a second reading. The Director of Planning and Inspection directed the Council to a copy of a letter which was sent to the Mayor and Council. He noted this ordinance amendment would not change the situation at all. He did note, however, the ordinance amendment regarding the height of fences could help the complainant if the property owner would put up a higher fence. He then went on to discuss some of the other situations staff has found throughout the City., Councilmember Cohen inquired if there is any language within the ordinance that will prevent a property owner from paving the entire front yard and using it as a parking lot. The Director of Planning and Inspection stated .under the proposed amendment a property owner could use up to 50% of the front yard. He noted this may be an issue which the Council should address. Councilmember Cohen noted there wouldn't be anything the Council could do this evening because of the public hearing. The City Manager stated if the Council wished it could modify the language this evening and then republish the ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances. He recognized Elsa Waggoner, 6442 June Avenue North. Ms. Waggoner stated she has a neighbor who has one car and three vans that haven't moved since December. She stated there are also three other vehicles that do come and go every day. She inquired if there was a limit to the number of vehicles per household. The City Manager stated there is no limit per household contained in the ordinances. He asked the address of the property which Ms. Waggoner was complaining about. Ms. Waggoner stated the property address is 6437 June Avenue North. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances. The motion passed unanimously. Councilmember Pedlar stated he has _spoken with Mrs. Dennis regarding the 4/9/90 -6 situation on Admiral Lane. He noted after reviewing this site, he feels there are problems in this area which go much deeper than what is being addressed in the ordinance amendment. He stated he felt staff should review this area closely. The City Manager stated he understands Councilmembers Paulson, Pedlar, and Cohen were not on the City Council when staff began reviewing this ordinance amendment. He noted City staff and the City Council have been from one end of the spectrum to the other with regards to this issue. He noted one of the questions which needs to be addressed is how far does the City want to go with this issue. Councilmember Cohen inquired if staff had any recommendations regarding the percentage of front yard which can be paved. The Director of Planning and Inspection stated he would suggest adopting some type of limitation and staff could review this further if the Council wished. Councilmember Cohen stated he would like staff to review this issue and bring back a report to the Council. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for second reading An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances. Councilmember Pedlar stated he would like to amend the language to decrease the percentage of allowed pavement to 25% of the front yard. Councilmember Cohen stated he would agree to this amendment. There was a brief discussion regarding whether this percentage decrease would hurt some residents. Councilmembers Pedlar and Cohen agreed to withdraw their amendment. ORDINANCE NO. 90 -07 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING CERTAIN ACTIONS AS PUBLIC NUISANCES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen instructing staff to review the issue of the percentage of pavement allowed in the front yard. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Height of Fences, Hedges, and Walls. He noted this ordinance amendment would allow higher fences, hedges, and walls in certain yards that abut public streets. He stated the item was first read on February 26, 1990, published in the City's official newspaper on March 7, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Height of Fences, Hedges, and Walls. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on An Ordinance Amending Chapter 35 of the City 4/9/90 -7- Ordinances Regarding the Height of Fences, Hedges, and Walls. The motion passed unanimously. ORDINANCE NO. 90 -08 Member Jerry Pedlar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE HEIGHT OF FENCES, HEDGES AND WALLS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted and Special Uses in the Cl, C2, and I -1 Zoning Districts. He noted this item was offered for a first reading on March 12, 1990, published in the City's official newspaper on March 21, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted and Special Uses in the Cl, C2, and I -1 Zoning Districts. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted and Special Uses in the Cl, C2, and I -1 Zoning Districts. The motion passed unanimously. ORDINANCE NO. 90 -09 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING PERMITTED AND SPECIAL USES IN THE Cl, C2, AND I -1 ZONING DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 11 of the Brooklyn Center City Ordinances. He noted this amendment pertains to changes in the liquor licensing ordinance. He stated this item was first read on March 12, 1990, published in the City's official newspaper on March 21, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing On An Ordinance Amending Chapter 11 of the Brooklyn Center City Ordinances. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to close the public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center City Ordinances. The motion passed unanimously. 4 -8- ORDINANCE NO. 90 -10 Member Todd Paulson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER CITY ORDINANCES 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 35 of the City Ordinances Regarding the Zoning of Certain Land. He noted this ordinance amendment describes the land the City Council rezoned from I -1 to C2 under Planning Commission Application No. 89003 PP on March 12, 1990. He stated this item is offered this evenin g for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding he Zoning of Certain g g Land and setting public hearing g P g date of May 7, 1990, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Wastes. He stated this item is offered this evening for a first reading. He noted it would require the haulers within Brooklyn Center to pick up yard waste. Mayor Nyquist recognized Peter Drycough who stated he is a retired resident of Brooklyn Center, and he feels this additional charge for yard waste will be difficult for residents with set incomes. He inquired if the City of Brooklyn Center could not do like Minneapolis and handle the composting itself. Councilmember Cohen agreed with Mr. Drycough that it will be a hardship for many residents and added there is a need to educate the residents on backyard composting. Mr. Drycough inquired if it would be possible to begin burning leaves again. The City Manager stated the Minnesota Pollution Control Agency banned the burning of leaves and grass due to air quality standards. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 7 of the Brooklyn Center City Ordinances Regarding Collection of Yard Waste and setting a public hearing of May 7, 1990, at 7:30 p.m. The motion passed unanimously. PUBLIC HEARING The City Manager presented the next item which was a public hearing regarding proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and 69th Avenues North. He stated notices of this hearing have been published in the City's official newspaper, and individual notices were sent to the owners of property affected by the proposed improvements. He explained the project initially started as a heavy maintenance project within the existing curb line. He noted as staff reviewed the project. area, they found a number of existing problems and needs for other improvements. The City Manager stated staff recommends the public hearing be conducted in accordance with the following format: an overview of the proposed improvements 4/9/90 -9- public hearing for comments regarding proposed improvements; discussion by City Council; and consideration of the two resolutions prepared for this evening's meeting. The Director of Public Works went on to review the existing conditions along this area and the proposed improvements. He noted the proposed projects include many major components. He then reviewed the existing traffic counts in the area and the projections made for the year 2010. He continued with a detailed description of the proposed improvements along Freeway Boulevard /65th Avenue /66th Avenue and also the improvements to Humboldt Avenue and Dupont Avenue. 'He noted the sanitary sewer line along this area was also televised during review of the project, and it was noted there are ten sections which will need repair. He stated he would recommend repairing these areas before proceeding with the street improvement project. Councilmember Pedlar inquired where the projected traffic would be coming from in the year 2010. The Director of Public Works stated it is expected the now undeveloped areas in the industrial park will create more traffic by the year 2010. Councilmember Cohen inquired if the projection for traffic includes any redevelopment of the Lynbrook Bowl area. The Director of Public Works stated the present site conditions were used in figuring the traffic projections. Councilmember Cohen inquired if staff has reviewed the project with the Brooklyn Center High School administration. The Director of Public Works stated he has reviewed the entire project with Superintendent Rossi. He noted Brooklyn Center High School has requested that the sidewalk along Humboldt Avenue be widened to 14' and to also make it adjacent to the curb. Councilmember Paulson inquired why Humboldt Avenue sidewalks are not tied into the trail system. The Director of Public Works explained it is not recommended that this area be designated as a full trailway because it is very difficult to extend the trail past 69th Avenue North. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding proposed improvements to Freeway Boulevard /65th Avenue /66th Avenue between ! Shingle Creek and T.H. 252 and to Humboldt Avenue North between 65th and 69th Avenues North. He recognized Lynn Torkildson of Riverwood Townhomes. Ms. I Torkildson stated she has not noticed any large amounts of traffic in the area t since the 1 -694 detours. She inquired if the traffic counts were taken during f the detours. The Director of Public Works explained the traffic counts were l taken before and after the detours last summer, and these counts were compared with counts taken in 1988 for accuracy. Ms. Torkildson stated - she feels the Riverwood Townhome complex creates less traffic than a normal City block with single - family homes. She inquired if any consideration has been given to reviewing the assessment policy so that Riverwood Townhomes would not have to pay any special assessments. The Director of Public Works stated staff has not reviewed this specific area, but they can do so and report back before the special assessment hearing. Mayor Nyquist inquired if there was anyone else present who wished to address the Council regarding the proposed improvement project. There being none, he entertained a motion to close the public. hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing. The motion passed unanimously. 4 -10- i Councilmember Paulson stated he would like to recommend that Humboldt Avenue North to 69th Avenue be added as part of the trailway system. The City Manager inquired if the Council could direct staff with a separate motion to investigate this recommendation. Councilmember Paulson stated he also feels there are other areas which may be in greater need of improvements. RESOLUTION NO. 90 -76 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECTS 1988 -25, 1989 -26, 1989 -27, 1990 - 11 AND 1990 -12, FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE BETWEEN SHINGLE CREEK AND T.H. 252; AND FOR IMPROVEMENT PROJECT 1989 -27, HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES 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 Paulson and seconded by Councilmember Cohen directing staff to review the assessment policy as it pertains to Riverwood Townhomes along 66th Avenue North; to investigate the possibility of extending the bicycle trail from 67th Avenue North to 69th Avenue North along Humboldt Avenue; and also to prepare a statement of priorities on other State Aid streets. The motion passed unanimously. RESOLUTION NO. 90 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109 - 121 -04 AND 109 - 111 -13, FREEWAY BOULEVARD /65TH AVENUE /66TH AVENUE BETWEEN SHINGLE CREEK AND T.H. 252, AND MSAP 109- 108 -04, AND ON HUMBOLDT AVENUE NORTH BETWEEN 65TH AND 69TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:05 p.m. and reconvened at 9:16 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 90002 SUBMITTED BY DAVID ROOP REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A CUSTOM WOODWORKING HOME OCCUPATION INVOLVING ONE NONRESIDENT EMPLOYEE IN THE BASEMENT DWELLING AND IN A PORTION OF THE DETACHED GARAGE AT 7219 GRIMES AVENUE NORTH The City Manager noted this application was recommended for approval by the Planning Commission at its March 15, 1990, meeting. The Director of Planning and Inspection directed the Mayor and City Council to pages one through five of the March 15, 1990, Planning Commission minutes and information sheet. He noted a special use permit is required because of the nonresident employee which is mentioned in the application. He noted this will be a secondary job for both 4/9/90 -11- the owner and the employee who is the owner's son. He stated the applicant has noted if the business were to increase after his retirement, he would most likely try to find a commercial site for his business. The Director of Planning and Inspection stated the Planning Commission recommended 11 conditions of approval for this application and proceeded to review the conditions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90002 submitted by David Roop. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 90002. The motion passed unanimously. Councilmember Pedlar stated he seems to recall at the time of the last home occupation application, the Council had decided to have staff review these permits. He inquired of the applicant if any finishing of the wood pieces would be done at this site. Mr. Roop stated he prefers not to do any of the staining or varnishing on these pieces. Councilmember Cohen stated he is sure the Council will be seeing more of these types of special use permits, and staff should not be reviewing how to get rid of them but how to work effectively with them. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 90002 submitted by David Roop subject to the following conditions: 1. The special use permit is granted only for a woodworking shop in the basement of the dwelling and in the back of the detached garage as indicated in the applicant's proposal. The home occupation may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The home occupation is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 3. Special use permit approval acknowledges employment on the premises of one (1) nonresident employee. 4. The hours of operation shall be from 6 p.m. -9:30 p.m. weekdays and 9 a.m. -5 p.m. on Saturdays. 5. The addition to the garage shall be a separate room and shall be insulated and sheetrocked. Double glass windows shall also be installed. Windows shall be closed during the use of power equipment to minimize noise emanating to adjacent properties. 6. A .dust collection system shall be installed in the garage room. The Fire Department shall inspect the installation of the dust collection system and shall inspect the operation on at least an annual basis. 4 -12- 7. A 20 lb. fire extinguisher shall be installed in the work areas as required by the Fire Chief. 8. Any customer parking associated with the home occupation shall be off - street on improved space provided by the applicant. 9. The home occupation shall not involve the parking or storage of vehicles and equipment prohibited in residential zones under Section 19 -101 of the nuisance ordinance. 10. All storage of materials or equipment associated with the home occupation shall be within an enclosed building. 11. No radio frequency interference to neighboring properties caused by the home occupation shall be permitted. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 90003 SUBMITTED BY E AND H PROPERTIES REQUESTING REZONING FROM R5 TO C2 A SLIVER OF LAND EAST OF THE ATKINS MECHANICAL SITE AT 6550 WEST RIVER ROAD ALSO A REQUEST TO REZONE FROM R5 TO C1 THE REST OF THE LAND EASTWARD TO WILLOW LANE NORTH TO THE KETROSER APARTMENTS AND PLANNING COMMISSION APPLICATION NO. 90004 SUBMITTED BY E AND H PROPERTIES REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE THE FOUR PARCELS OF LAND SOUTH OF 66TH AVENUE NORTH AND EAST OF T.H. 252 OWNED BY E AND H PROPERTIES INTO TWO PARCELS ONE ADJACENT TO THE T.H. 252 FRONTAGE TO BE ZONED C2 AND ONE ADJACENT TO WILLOW LANE TO BE ZONED Cl AND PLANNING COMMISSION APPLICATION NO. 89012 SUBMITTED BY FINA OIL AND CHEMICAL COMPANY- REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A SERVICE STATION/CONVENIENT STORE /CARWASH AT THE SOUTHEAST CORNER OF T.H. 252 ON 66TH AVENUE NORTH The Director of Planning and Inspection stated these three Planning Commission applications are interrelated, and he would recommend reviewing them concurrently. He went on to review Planning Commission Application No. 90003 and noted this application was recommended for approval by the Planning Commission at its March 29, 1990, meeting through Planning Commission Resolution No. 90 -01. He then reviewed the existing site and stated this land had been placed under the moratorium approximately one year ago. He then reviewed the recommendations submitted by Short - Elliott- Hendrickson. He noted Fina Oil has expressed some concern over the City's ability to obtain the right -of -way necessary from MNDOT. The Director of Planning and Inspection noted a public hearing has been scheduled for all three Planning Commission applications this evening and noted he would recommend holding one hearing for all three items. Councilmember Cohen 4/9/90 -13- i inquired what other types of C2 uses could be developed in this area. The Director of Planning and Inspection stated C2 zoning has the most permitted uses of any zoning. He went on to review the different types of businesses which would be allowed in a C2 zone. Mayor Nyquist inquired if there has been any further word regarding the turnback of MNDOT property. The Director of Public Works stated staff is communicating with MNDOT on a weekly basis. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 90003, 90004, and 89012. He inquired if there was anyone present who wished to address the Council. He then recognized Howard Atkins, owner of Atkins Mechanical. Mr. Atkins stated he has been a resident of Brooklyn Center for 31 years. He noted he purchased this property ten years ago and submitted his Planning Commission application and request over a year ago. He noted it has been a year since the plans were submitted and stated since the moratorium is complete, he would ask the Council to give consideration to these Planning Commission applications. Mayor Nyquist then recognized Mike Merrigan, Attorney for E and H Properties. Mr. Merrigan stated Mr. Atkins has worked with the staff as much as is possible. He stated his client should not be deprived of the present use of his land in hopes that MNDOT will turn right -of -way property over to the City. Mayor Nyquist then recognized Al Pierce, Architect for E and H Properties. Mr. Pierce went on to review the retrofit plan and noted the screening towards Willow Lane. He stated he feels its plan is as effective as the staff recommendation. Mayor Nyquist recognized Pat Wilcox, Attorney for Fina Oil. Mr. Wilcox stated he would like the memorandum from Syverson, Wilcox, and Sheldon, P.A.; the report from SEH on the land use study; and the information from Mr. Merrigan entered into this evening's minutes. He went on to review the proposed development. He noted his client has agreed to all changes which were noted by the City Planner. He noted he and his client have tried to work with the City and the neighborhood. Mayor Nyquist then recognized Mr. Arlow Johnson, owner of the Brookdale Motel, who stated it would be difficult for him to deny Mr. Atkins the rightful use of his property. Mayor Nyquist recognized Richard Jewett, 6552 Willow Lane. Mr. Jewett submitted photographs of the area depicting the traffic problem. He noted even with the proposed realignment, there would be an even larger traffic problem than there is now. Mayor Nyquist recognized Philip Delaney, 6518 Willow E Lane. Mr. Delaney stated that Mr. Wilcox has indicated the neighborhood is unwilling to have further development in the area. He stated he felt that was j untrue, and the neighborhood has accepted the plan for the office building but { noted the proposed gas station would be too intense with the added traffic. Mayor Nyquist then recognized Tom Corey, 6416 Willow Lane, who stated he was not opposed to all development in the area. Councilmember Cohen inquired as to the timetable for constructing an office building. Mr. Atkins stated he would propose to build a 9,000 square foot building of which his business would use 2,000 square feet. He noted the office space must be pre- leased before the construction loan would be approved. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. 4 -14- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing for Planning Commission Application Nos. 90003, 90004, and 89012. The motion passed unanimously. Councilmember Cohen asked the City Attorney to comment on these applications. The City Attorney stated it has been staff's expectation if the frontage road could be obtained, it would be, in effect, swapped for the property on the east side of Mr. Atkins development. He noted Mr. Atkins could expect to receive full market value for the berm area. Mr. Wilcox .stated all the uncertainties make it very difficult to agree to this situation. He noted he is currently working with another City that has been waiting wo and a half e ars for a g Y turnback. The City Attorney agreed with Mr. Wilcox that working with MNDOT can be a lengthy process. He noted according to the Director of Planning and Inspection, Fina Oil has met all the ordinance requirements. He noted the gas station is not a permitted use but a special use in this zoning district. He stated the Council must decide if Fina Oil has met all the requirements for a special use permit. The City Attorney stated Mr. Wilcox is correct in saying there should be more in the public record than neighborhood opposition, but the Council may use this as a basis for its decision. He added there is no evidence that would suggest there would be a substantial decrease in property values for the residents in this area. He added the SEH study indicated it would not be an increased amount of traffic volume in the area. However, this study did not address traffic movements and congestion. He stated these applicants must be treated equally, however, he is not sure the SuperAmerica site across the street can be considered comparable to the proposed development. Councilmember Cohen inquired where the City would stand in legal proceedings if the Council were to deny these applications. The City Attorney stated the Council would have to deny these applications based on the fact they did not meet the standards for a special use permit. He noted courts have not been overly friendly towards cities with regard to denial of land use. He stated if the City Council denies the application, it should direct the staff to prepare a statement of findings. He noted if challenged, evidence would be gathered to support the staff's findings. Councilmember Cohen stated the City would be asked to prove the application did not meet the standards for a special use permit and also that it would generate lights, noise, traffic, etc. Mayor Nyquist inquired if the City Attorney is suggesting staff research data that will support the City's case. The City Attorney stated if the Council feels there is a need for additional proof, he would recommend the item be tabled to a later date. Councilmember Scott stated ears ago there was a similar Y g situation at the corner of 57th and Logan with the SuperAmerica station. She noted the City was taken to court and the judge determined the City's actions were arbitrary and capricious. She added while this service station is not a permitted use, it is a permitted special use within the zoning district, and she would doubt whether the City would have a leg to stand on in court. Councilmember Pedlar stated there is a Fina oil station near his neighborhood, and he noticed an increase in the traffic since the station has been improved. He stated he feels this neighborhood will be impacted by the development of a service station in the neighborhood. He added Mr. Atkins should have the opportunity to develop his property, but he believes Fina Oil or any other service station will have a 4/9/90 -15- i negative impact on the neighborhood. Councilmember Paulson stated he feels this entire area is a good candidate for major redevelopment, but it is not realistic to look at the entire area at this time. Councilmember Cohen stated the Council could deny the applications and take its chances with litigation; however, this would be very costly. He stated he felt the City should work with the applicant and try to develop the best possible situation for the neighborhood and applicant. The City Manager stated the Council could approve the rezoning and the plat applications and direct the staff to work with the developer with regard to the areas of concern. RESOLUTION NO. 90 -78 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 90003 SUBMITTED BY E AND H PROPERTIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Jerry Pedlar opposed. There was a motion by Councilmember Scott and seconded by Councilmember Cohen approving Planning Commission Application No. 90004 submitted by E and H Properties subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. The motion passed with Councilmember Pedlar opposed. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare a resolution approving Planning Commission Application No. 89012 and further directing staff to return with a report regarding the following issues: sidewalk; wall; canopy lighting; spillage of light or noise past site; and landscaping around car wash. The motion passed with Councilmember Pedlar opposed. I PLANNING COMMISSION APPLICATION NO. 90005 SUBMITTED BY THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA) REQUESTING VARIANCE APPROVAL FOR A PACKAGE OF SIGNS TO BE USED AT THE EARLE BROWN HERITAGE CENTER 6105 EARLE BROWN DRIVE ETC. The City Manager noted this application was recommended for approval by the Planning Commission at its March 15, 1990, meeting. The Director of Planning and Inspection referred the Mayor and City Council to page 11 of the March 29, 1990, Planning Commission minutes. He noted the Planning Commission recommended approval of the application in light of three findings. Councilmember Paulson inquired if any of these signs are off -site. The Director of Planning.and Inspection stated there is one sign which can be considered off - site because it is at the common entrance to the Earle Brown Commons complex and the Inn on the Farm. 4/9/90 -16- Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90005 submitted by the Brooklyn Center Economic Development Authority. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 90005 submitted by the Brooklyn Center Economic Development Authority. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 90005 submitted by the Brooklyn Center Economic Development Authority in light of the following findings: 1. The Earle Brown Farm site is a unique historic resource for the community and merits special consideration in lieu of the City Council's action on Application No. 81041 (condition #5). 2. The proposed signery conveys necessary visual communication and is not excessive or distasteful as it relates to the historic character of the Earle Brown Farm site. 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The motion passed unanimously. PUBLIC HEARING - TAX INCREMENT DISTRICT The City Manager noted this resolution and public hearing relates to the action which was taken by the EDA earlier in the meeting. He noted the public hearing had been opened and closed a few months ago and all that is required is the action on the resolution. RESOLUTION NO. 90 -79 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING A MODIFIED PROJECT PLAN FOR HOUSING DEVELOPMENT PROJECT NO. 01 AND A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 01 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. DISCUSSION ITEMS NORTHWEST NEWS NEWSPAPER The City Manager stated the Northwest News newspaper is proposing a four -week experiment in which Brooklyn Center would receive a page in the newspaper over which it could have complete editorial control. He noted the cost of this four 4/9/90 -17- week coverage would be $1,800. He stated staff is recommending approval of this proposal. He added he does not believe it would make sense to continue the six times a year City Manager's newsletter should this type of proposed newsletter format be recognized as more effective. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen authorizing the expenditure of up to $1,800 for the four week newsletter experiment with Northwest News. The motion passed unanimously. APPOINTMENT TO HENNEPIN COUNTY CITIZENS ADVISORY COMMITTEE - BLOCK GRANT The City Manager stated it is Brooklyn Center's turn to appoint a representative to the Hennepin County Citizens Advisory Committee on block grants. He noted this is a two year appointment and Barb Jensen has indicated her willingness to serve in this capacity. There was a motion by Councilmember Scott and seconded by Councilmember Paulson appointing Barb Jensen to the Hennepin County Citizens Advisory Committee on block grants. The motion passed unanimously. AMENDING THE 1990 PAY PLAN TO ADD ONE ADDITIONAL MAINTENANCE WORKER IN THE PUBLIC UTILITIES DIVISION The City Manager stated the Director of Public Works is recommending one additional maintenance worker be added to the existing Public Utilities Division staff. He noted the existing level of staffing has remained unchanged for more than ten years. He stated during that time many changes have occurred which add significantly to the responsibilities and work load of this division. Councilmember Pedlar inquired if this is a nonbudgeted item. The City Manager responded it can be considered a nonbudgeted item, however, it is in the Public Utilities Division and not the general fund. Councilmember Pedlar stated he was concerned with increasing the amount of employees when financially things are going to become more difficult for the City. RESOLUTION NO. 90 -80 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1990 PAY PLAN TO ADD ONE ADDITIONAL MAINTENANCE WORKER IN r THE PUBLIC UTILITIES DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. REVIEW OF 1990 PLANNING SESSION The City Manager stated he has had initial discussions with the facilitators of the Planning Session *which was done in 1989. He stated he would like to hold the Planning Session in the captain's room at the Heritage Center. He noted at this time the available dates for the session are May 1, 2, and 3. There was a general discussion regarding the Planning Session and the topics which would be discussed. There was a general consensus among Councilmembers that the Planning Session would be held on May 3, 1990, in the captain's room at the Heritage Center. 4/9/90 -18- REVIEW OF 69TH AVENUE CONSTRUCTION PROJECT - IMPACT ON SOUTH SIDE PROPERTIES The City Manager stated as part of the Council's approval of the 69th Avenue reconstruction project, it authorized staff to look at the properties on the south side of 69th Avenue west of France Avenue North. He pointed out the use of the Minnesota State aid funds would not be available for the taking of any of the properties on the south side of the project if the project is going to be constructed along the north side of 69th Avenue. Councilmember Cohen stated if the City is not going to purchase the properties along the south side of 69th Avenue, he does not feel the City should assess these properties. Councilmember Pedlar stated he does support the decision which was made regarding the 69th Avenue project, but he does not see a benefit to those property owners on the south side. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen directing staff to investigate the feasibility of purchasing the homes along the south side of 69th Avenue west of France Avenue North. The motion passed unanimously. APPROVAL OF CLASS F ON -SALE INTOXICATING LIQUOR LICENSE FOR OMEGA FOODS INC DBA ATRIUM CATERING The City Manager stated this would be the liquor license for the Earle Brown Heritage Center. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar approving the class F on -sale intoxicating liquor license for Omega Foods, Inc. DBA Atrium Catering. The motion passed unanimously. OTHER BUSINESS Councilmember Paulson stated if anyone is interested there would be a tour at the MTC bus garage on Wednesday, April 11, 1990, at 9 a.m. The City Manager inquired if it would be possible to hold a work session on April 16, 1990, at 7:30 p.m. There was a general consensus among Councilmembers to set a work session for the City Council on Monday, April 16, 1990, at 7:30 p.m. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :53 p.m. Deputy City Clerk Mayor 0� 4/9/90 -