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HomeMy WebLinkAbout1989 06-12 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 JUNE 12, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, and Councilmembers Todd Paulson 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, EDA Coordinator Brad Hoffman, City Clerk Darlene Weeks, and Administrative Aide Patti Page. r Mayor Nyquist noted Councilmembers Scott and Pedlar would be absent from this F evening's meeting. F INVOCATION The invocation was offered by Mr. Bob Quenroe. OPEN FORUM Mayor Nyquist noted the Council had received a request from Gene Kasmar, 5559 Lyndale Avenue North. He noted Mr. Kasmar would like to speak this evening regarding the invocation during Council meetings. He stated he would like to remind the Council and those present at the meeting that open forum is a privilege and not a right. He stated if the Council agreed, he would allow Mr. Kasmar five minutes this evening during open forum but in the future would not consider any more requests from Mr. Kasmar pertaining to this subject. There was a general consensus of-Councilmembers to allow Mr. Kasmar five minutes during the open forum session this evening. Mayor Nyquist recognized Mr. Kasmar who again reviewed his reasons for not allowing prayer during the Council meetings. He noted prayer in this setting is very unchristian conduct. He went on to give some examples from the bible which stated prayer should be in private. Councilmember Cohen stated Mayor Gordon Erickson instituted the prayer at Council meetings in 1962. He stated he feels prayer is very appropriate before the Council meetings and noted as a nonchristian he has never had a problem or been uncomfortable with participating in the brief prayer before the Council meeting. He noted with all due respect to Mr. Kasmar's opinion, he feels the prayer before Council meetings should be continued. OATH OF OFFICE The City Clerk administered the oath of office to Philip Cohen. 6/12/89 -1- i { Mayor Nyquist and Councilmember Paulson thanked Councilmember Cohen for agreeing to serve on the Council and stated his experience and background will be a good asset to the City Council. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any item removed from the consent agenda. Councilmember Cohen requested item 9f be removed. RESOLUTIONS RESOLUTION NO. 89 -104 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL FOR EMERGENCY REPAIRS OF AIR CONDITIONING SYSTEM FOR CIVIC CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. j RESOLUTION NO. 89 -105 { Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 06/12/89) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 89 -106 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TOW TYPE AUGER /PAVER The motion for the adoption „of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 89 -107 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COMPUTERIZED ENGINE ANALYZER The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 89 -108 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET 6/12/89 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 89 -109 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 89 -110 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TWO GREENS COVERS, ONE POWER CART, i LANDSCAPE ROCK, AND INSTALLATION OF BLACKTOPPING FOR CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION N0. 89 -111 Member Todd Paulson introduced the following resolution and moved its adoption: i RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO APPLY FOR A GRANT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 89 -112 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING PURCHASE OF WALK -IN COOLER FOR LIQUOR STORE #3 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 Paulson and seconded by Councilmember Cohen to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Earle Brown Bowl 6445 James Circle Green Mill Inn, Inc. 5540 Brooklyn Blvd. Lynbrook Bowl 6357 North Lilac Dr. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. 6/12/89 -3- AMUSEMENT DEVICE - VENDOR American Amusement Arcades 850 Decatur Avenue Carousel International Corporation P. 0. Box 307 FOOD ESTABLISHMENT Brooklyn Center Church of the Nazarene 501 73rd Ave. N. Brooklyn United Methodist Church 7200 Brooklyn Blvd. Jenny Craig Weight Loss Centre 5951 Earle Brown Dr. New Horizon Nursery School 1200 69th Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department Evergreen Park Brooklyn Center Fire Department Central Park Brooklyn Center Fire Department Earle Brown Days Parade Brooklyn Center Parks & Rec Dept. Central Park Olson Popcorn Co. Earle Brown Days Parade Straight's Concessions Central Park MECHANICAL SYSTEMS ACI Mechanical Corporation Box 192 Conrad Mechanical Contractors 509 lst Avenue NE P & D Mechanical Contracting Co. 4629 41st Ave. N. Riccar Heating 2387 136th Ave. NW TAXICAB Airport Cab 3010 Minnehaha Ave. The motion passed unanimously. The City Manager stated because two Councilmembers are absent from this evening's meeting, any resolution or ordinance which a Councilmember or the Mayor may be inclined to vote against should be tabled until the next Council meeting. i APPROVAL OF MINUTES - MAY 22 1989 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Mayor Nyquist to approve the minutes of the May 22, 1989, City Council meeting. The motion E passed. Councilmember Cohen abstained from the vote. MAYORAL APPOINTMENT The Mayor stated the current chairman of the Planning Commission, Michael Nelson, has resigned from the Planning Commission. He noted he does have an application for a new commissioner. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to accept the resignation of Michael Nelson from the Planning Commission. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to appoint Mr. James McCloskey to the Planning Commission. The motion passed unanimously. 6/12/89 -4- Mayor Nyquist stated he would like to recommend Molly Malecki as the new chairperson for the Planning Commission. He noted he was unable to talk with Ms. Malecki before this evening's meeting, and he would like to table appointment of the chairperson to the next Council meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Petitions, Commencing Proceedings on Improvement, Receiving Report and Calling Hearing on Improvement Project No. 1989 -08. He noted this resolution and the three which follow it all relate to the alley improvement projects. The Director of Public Works went on to review the locations of each alley and the reports submitted for the alleys. He stated staff is recommending the City Council formally commence proceedings and conduct public hearings on all four of these projects. The Mayor pointed t out the resolutions are primarily for setting the public hearing dates. } There was some discussion regarding the advantages to installing concrete paving over bituminous surfacing. The Director of Public Works noted of the four alleys, there is really only one which would be a good candidate for bituminous surfacing. He noted with bituminous surfacing it is much more difficult to control the grade depth which in turn means, it is much more difficult to control the drainage problem. The Director of Public Works stated if the City Council adopts the resolutions this evening, all the information which has been presented this evening will be sent to the property owners along with the formal notice of a public hearing. RESOLUTION NO 89 -113 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITIONS, COMMENCING PROCEEDINGS ON IMPROVEMENT, RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 1989 -08 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. it RESOLUTION NO. 89 -114 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITIONS, COMMENCING PROCEEDINGS ON IMPROVEMENT, RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 1989 -15 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION N0. 89 -115 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITIONS, COMMENCING PROCEEDINGS ON IMPROVEMENT, RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 1989 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 6/12/89 -5- RESOLUTION NO. 89 -116 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITIONS, COMMENCING PROCEEDINGS ON IMPROVEMENT, RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 1989 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented a Resolution Approving Private Sale of One Parcel of Nonconservation Land to the Owner of an Adjacent Property (Parcel between 55th Avenue North and Ericon Drive, West of Oliver Avenue North). Councilmember Cohen inquired if this is the general policy to allow adjacent property owners to acquire vacant properties. The City Manager responded affirmatively. He noted the City would maintain underlying easements for utilities. RESOLUTION NO. 89 -117 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRIVATE SALE OF ONE PARCEL OF NONCONSERVATION LAND TO THE OWNER OF AN ADJACENT PROPERTY (PARCEL BETWEEN 55TH AVENUE NORTH AND ERICON DRIVE, WEST OF OLIVER AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Vacating a Portion of Easement in Lots 1 and 2, Block 1, Shoppers Addition, Hennepin County, Minnesota. He noted this r item was first read on May 22, 1989, published in the City's official newspaper on May 31, 1989, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Portion of Easement in Lots 1 and 2, Block 1, Shoppers Addition, Hennepin County, Minnesota, 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 Paulson and seconded by Councilmember Cohen to close the public hearing. The motion passed unanimously. I ORDINANCE NO. 89 -12 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF AN EASEMENT IN LOTS 1 AND 2, BLOCK 1, SHOPPERS ADDITION, HENNEPIN COUNTY, MINNESOTA 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 Interim Ordinance for the Purpose of Protecting i the Planning Process and the Health, Safety and Welfare of the Residents of the 6/12/89 -6 City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252. He noted this item was first read on May 8, 1989, published in the City's official newspaper on May 17, 1989, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252 and inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Arlo Johnson of the Brookdale Motel. He inquired if this ordinance would affect all the land in this area or just the one parcel. The City Manager stated this ordinance affects all parcels in the description. The Director of Planning and Inspection pointed out the interim ordinance would allow all service /office developments. The Director of Public Works left the meeting at 7:46 p.m. Mr. Johnson stated he does not understand the need for a study or the moratorium. The City Manager explained there has been a suggested redevelopment in this area. He stated after much review by staff, the Neighborhood Advisory Group, and the Planning Commission, it was decided if an evaluation were to be made of the area it would make more sense to include the surrounding parcels because new developments generally affect the surrounding parcels. He pointed out the evaluation of this area may or may not change the zoning of the parcels. Mayor Nyquist recognized Mr. Merrigan, representing the owner, Howard Atkins. Mr. Merrigan stated the planning commission application has been pending since September 1988. He noted Fina Oil Company has been involved with this proposal since November 1988. He noted if the moratorium is approved there will be an even longer delay. Mr. Merrigan stated when the comprehensive plan was adopted in 1982, the property in this area was zoned C2. He noted the service /office use recommended by staff is economically unfeasible. He pointed out Brooklyn Center has a very high vacancy rate in office space, and it would not be feasible to open another office building. Mr. Merrigan stated Fina Oil Company allowed a set period of time for Mr. Atkins to obtain the necessary approvals, and if this moratorium is approved, it will go beyond the timeline set by Fina Oil Company. Mayor Nyquist inquired how Mr. Merrigan would distinguish this moratorium as compared to the moratorium which was in effect when the Target development was proposed. Mr. Merrigan stated he was not aware of the circumstances surrounding the Target development. The City Manager briefly explained the circumstances of the Target development and the moratorium which was in effect at that time. He noted the analysis which was completed under the moratorium demonstrated the staff was incorrect regarding the possible traffic problems in the area. 6/12/89 _7- G j Councilmember Paulson inquired if the study would be complete within the six - month time period. The City Manager stated staff would anticipate the study being complete before the six -month time period, but the six months would allow the Council time to make changes if they were necessary. The Director of Planning and Inspection stated he would hope to have a response from a consultant in three to four weeks but added if the deadline was not met the moratorium could be extended. Councilmember Paulson inquired when the deadline set by Fina Oil Company expired. Mr. Merrigan stated he believed it was in July. Councilmember Paulson inquired if Fina Oil Company would possibly extend this deadline. Mr. Merrigan stated he did not know if Fina Oil Company would extend the deadline. Councilmember Cohen inquired if the moratorium was not approved, what the timeline was before the Planning Commission application would reach the Council. The Director of Planning and Inspection stated the Planning Commission has 60 days in which to take action on the application, and the Council is allowed another 30 days. He noted this would be approximately August 25. Councilmember Cohen asked the City Attorney to address the issue of downzoning and whether it is considered an actual taking of property. The City Attorney stated downzoning is considered a taking of property if the property is deprived of all reasonable uses. He noted if the property is deprived of all reasonable uses only during the moratorium, this is considered a temporary taking. Mayor Nyquist recognized the applicant, Howard Atkins. Mr. Atkins stated he feels the Council is making an arbitrary decision by allowing the SuperAmerica station to expand but not allowing his development. Councilmember Paulson stated if the moratorium is approved, a planning and land use study would be completed. He noted this study may or may not recommend changes and also the Planning Commission and Council may or may not agree with the findings of this report. The Director of Planning and Inspection briefly reviewed the Atkins Mechanical site and the area involved in the moratorium. He also reviewed the site of the SuperAmerica station. Mayor Nyquist recognized Arlo Johnson who stated if after the study is complete his property is rezoned to Cl, he felt this rezoning would have an adverse affect upon his property. He noted if the property were rezoned to Cl, the motel would become a nonconforming use in this area and it would most likely t lower the property value when he tries to sell it. Mayor Nyquist recognized Ella Sander who stated she is a member of the Planning Commission and also lives in this area. She stated one of her fears is if this gas station /convenience store is developed in the area, the traffic flow problems would become unbearable. Councilmember Cohen inquired if the traffic study were to show that the traffic problems could be alleviated, would Ms. ` Sander agree with the development. Ms. Sander stated she felt the City would t have to work with the findings of the traffic study. 4 6/12/89 -8- There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to close the public hearing. The motion passed unanimously. The City Manager stated he did not want the applicant or the neighbors in this area to believe that because the moratorium was approved, downzoning of the area would automatically follow. He noted changes would occur in this area only if the findings of this study recommended it. Councilmember Cohen stated he II I supported the moratorium based on a need for overall study of the entire area. The City Manager stated staff would proceed with preparing and mailing the RFPs I with as much expediency as possible. ORDINANCE NO. 89 -13 Member Philip Cohen introduced the following ordinance and moved its adoption: AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING CERTAIN DEVELOPMENT AT THE PROPERTY LOCATED AT 6626 WEST RIVER ROAD AND ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. There was a general consensus among Councilmembers that staff should mail the RFPs by the end of the week and notify the Council of the progress at the next Council meeting. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009. He noted this item was first read on May 22, 1989, published in the City's official newspaper on May 31, 1989, and is offered this evening for a second reading. The Director of Planning and Inspection briefly reviewed the sites which were being considered for rezoning. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009 and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to close the public hearing. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to table approval of a second reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009 until the June 26, 1989, City Council meeting. The motion passed unanimously. PRIVATE KENNEL LICENSE - 5449 EMERSON AVENUE NORTH The City Manager stated earlier today Administrative Aide Patti Page received a telephone call from the applicant stating he wished to withdraw his application 6/12/89 -9- for a private kennel license. He noted the applicant told Ms. Page he would be removing one of the excess dogs in order to comply with the City Ordinances. The City Manager stated he thought it would be appropriate if the Council allowed the applicant 30 days in which to remove the third animal. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen acknowledging withdrawal of the private kennel license for 5449 Emerson Avenue North and allowing the applicant 30 days in which to remove the third dog. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:46 p.m. and reconvened at 9 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 89013 SUBMITTED BY STEVE FITERMAN /SUPERAMERICA REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A GAS STATION /CONVENIENCE STORE AND A STRIP SHOPPING CENTER ON THE SOUTH SIDE OF 66TH AVENUE NORTH BETWEEN CAMDEN AVENUE NORTH AND ` HIGHWAY 252 AND PLANNING COMMISSION APPLICATION NO. 89014 SUBMITTED BY STEVE FITERMAN /SUPERAMERICA REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE THE LAND SOUTH OF 66TH AVENUE NORTH BETWEEN CAMDEN AVENUE NORTH AND HIGHWAY 252 The City Manager noted both items were recommended for approval by the Planning Commission at its May 25, 1989, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages four through nine of the May 25, 1989, Planning Commission minutes and information sheet. He went on to briefly review the site plan for the Council. He noted the plan calls for the demolition of the existing SuperAmerica station and construction of a new building. He went on to review the 17 conditions which were recommended for approval by the Planning Commission noting that condition Nos. 1 through 12 are standard conditions. =t The Director of Planning and Inspection stated two performance guarantees would be held for this development because construction of the two developments may not take place at the same time. The Director of Planning and Inspection then went on to review the six conditions which were recommended for approval; of Planning Commission Application No. 89014. He stated a public hearing has been scheduled for each application and notices have been sent. - Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 89013 and 89014 and inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Ron Krank, the architect for the shopping center, who stated he concurs with the decisions and recommendations made so far by staff and the Planning Commission. Councilmember Cohen inquired what has been done so far to address the impact of traffic to and from the development. The Director of Planning and Inspection briefly reviewed the entrance and exit points to the center. 6/12/89 -10- 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 Paulson and seconded by Councilmember Cohen to close the public hearing on Planning Commission Application Nos. 89013 and 89014. The motion passed unanimously. Councilmember Paulson stated this development appears to be similar to the proposal from Mr. Atkins, yet Mr. Atkins property is being placed under a moratorium. Councilmember Paulson inquired whether staff had considered putting this side of the street under the moratorium also. The City Manager stated staff did review this option but felt the issues pertaining to the east side of highway 252 are far different than those which pertain to the west side of highway 252. He noted there is also a continuity of use in this area because there already is a gas station in existence and there has been a strip shopping center there in the past. Councilmember Paulson stated in light of the action which was taken across the street on the moratorium and the fact that two Councilmembers are absent from the meeting this evening, it may be best to table this item until the entire Council is present. Councilmember Cohen stated being the applicant is this far along he can see no reason to delay action on the item. There was a motion by Councilmember Cohen and seconded by Mayor Nyquist to approve Planning Commission Application No. 89013 submitted by Steve Fiterman /SuperAmerica subject to the following conditions: 1. The special use permit is issued to SuperAmerica for the construction and operation of a convenience store /gas station. No other uses are comprehended. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof may be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility, and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 5. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager for each of the two sites) shall be submitted prior to the issuance of permits. 6. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. No dumpsters shall be permitted behind the shopping center building. 7. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6/12/89 -11- 8. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9. Plan approval is exclusive of all signery which is subject to Chapter j 34 of the City Ordinances. C 10. B612 curb and gutter shall be provided around all parking and driving areas. i 11. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 12. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. 13. The replat of the property shall receive final approval and be filed j at the County prior to the issuance of permits for construction. I t 14. The cross access and cross parking agreement covering the two lots shall be reviewed and approved by the City Attorney, shall be executed by the property owners, and shall be filed with the titles to the E properties at the County prior to the issuance of building permits. t 15. Partial vacation of the 60' wide utility easement along the common property line shall be approved by ordinance prior to the issuance of permits for the shopping center. 16. Property monuments for the plat shall be installed and inspected prior to release of the performance guarantee. 17. The plans shall be revised prior to issuance of building permits to indicate: a) At least two additional shade trees in the greenstrip adjacent to 66th Avenue North and at least two shade trees in the greenstrip behind the shopping center. b) The grading plan shall indicate a break in the grade at the property line along Camden in the driveway behind the shopping center to contain all runoff off -site. i c) The building elevation shall indicate wall lighting for security purposes along the back side of the shopping center. Such wall lights shall be shielded to focus the light downward. The motion passed with Councilmember Paulson opposed. There was a motion by Councilmember Cohen and seconded by Mayor Nyquist to approve Planning Commission Application No. 89014 submitted by Steve Fiterman /SuperAmerica subject to the following conditions: 6/12/89 -12- 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. 3. The cross access and cross parking agreement covering the two lots shall be executed by the property owners and filed with the titles to the properties at the County prior to the issuance of building permits. 4. Partial vacation of the utility easement straddling the common property line shall be subject to normal ordinance procedure and shall be accomplished prior to the issuance of building permits for the shopping center. 5. Property monuments for the plat shall be installed and inspected prior to release of the site performance guarantee. 6. The applicant shall enter into a subdivision agreement with the City stipulating the payment of special assessments for public improvements and the responsibility for subdivision improvements. Said subdivision agreement shall be executed prior to final plat approval. The motion passed with Councilmember Paulson opposed. Councilmember Cohen inquired of the City Attorney what action would be needed if the entire Council should wish to reconsider this item. The City Attorney stated a majority vote of the entire Council would be required on a motion to rescind a previous action. PLANNING COMMISSION APPLICATION NO 89015 SUBMITTED BY TOYS R US REQUESTING FOR PRELIMINARY PLAT APPROVAL TO COMBINE INTO A SINGLE PARCEL THE LAND ON WHICH THE PRESENT C.O.M.B. BUILDING AND THE OLD MARC'S BIG BOY RESTAURANT ARE LOCATED The City Manager noted this item was recommended for approval by the Planning Commission at its May 25,1 1989, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages nine and ten of the May 25, 1989, Planning Commission minutes and information sheet. He briefly reviewed the application and the four conditions recommended for approval by the Planning Commission. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89015 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 Paulson and seconded by Councilmember Cohen to close the public hearing. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to approve Planning Commission Application No. 89015 submitted by Toys R Us subject to the following conditions: 6/12/89 -13- k 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 35 of the City ordinances. 3. Monuments to be installed pursuant to the plat shall be inspected prior to release of the performance guarantee for the Toys R Us development. 4. The applicant shall enter into a subdivision agreement with the City r stipulating the payment of special assessments for public improvements and the responsibility for subdivision improvements. Said subdivision agreement shall be executed prior to final plat approval. The motion passed unanimously. DISCUSSION ITEMS APPOINTMENT OF TODD PAULSON TO RTB BOARD The City Manager stated there has been restructuring of the Regional Transit Board, and this has brought about a need for new applicants to the board. He noted Councilmember Paulson has expressed an interest in this area. There was a motion by Councilmember Cohen and seconded by Mayor Nyquist directing staff to prepare and submit a resume to the Regional Transit Board for Councilmember Paulson. The motion passed. Councilmember Paulson abstained from the vote. Councilmember Cohen stated he would recommend staff sends notification of this action to the Northern Mayor's Association and ask their support of Councilmember Paulson's application. APPOINTMENT OF COUNCIL LIAISON TO HOUSING COMMISSION Mayor Nyquist noted Councilmember Lhotka was the liaison to the Housing Commission. He noted that since Councilmember Cohen had been a member of the Housing Commission and is quite knowledgeable in this area, it would seem logical to appoint him as the Council liaison to the Housing Commission. There was a motion by Councilmember Paulson and seconded by Mayor Nyquist to appoint Councilmember Cohen as the liaison to the Housing Commission. The motion passed. Councilmember Cohen abstained from the vote. OTHER BUSINESS The City Manager stated he had been requested to speak briefly regarding the RFP for the prosecuting attorney. He stated he has not received any calls 'from Councilmembers Pedlar or Scott but added he would try to contact them to see if they had any concerns with the rough draft of the RFP. He stated he felt a section should be added pertaining lobbying of Councilmembers being discouraged. He noted he would make the appropriate changes and send copies to all i Councilmembers for their review. 4 6/12/89 -14- I I Councilmember Paulson inquired whether an RFP has been written for the other attorney services. The City Manager stated at this time an RFP has not been prepared for the other services and that staff would prefer to handle these as two separate items. I There was a motion by Councilmember Paulson and seconded by Councilmember Cohen directing the City Manager to review the changes to the request for proposal for prosecuting attorney services with the absent Councilmembers and send out the RFP as soon as possible. The motion passed unanimously. i 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;07 p.m. s City Clerk M I j 6/12/89 -15- �f