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HomeMy WebLinkAbout1989 02-27 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 FEBRUARY 27, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Celia Scott at 7:02 p.m. ROLL CALL Mayor Pro tem Celia Scott, Councilmembers Todd Paulson and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, and Administrative Aide Patti Page. Mayor Pro tem Scott noted that Mayor Nyquist is out of town this evening, and Councilmember Lhotka is ill. INVOCATION The invocation was offered by Mayor Pro tem Scott. OPEN FORUM Mayor Pro tem Scott recognized Jim Nicholie, a representative from the Greater Minneapolis Day Care Association. He stated he was present this evening to discuss the sliding fee subsidy programs which could be offered by the City. He explained the subsidy program is utilized by persons attending college who need help paying for day care. He noted they must meet certain income requirements. He noted he was contacted by a Brooklyn Center resident who would like to be able to participate in this program. Mayor Pro tem Scott then recognized Ms. Leann Larson who stated she has been a long -time resident of the City but fears she may be forced to move to another community that does participate in the subsidy program. A brief discussion then ensued relative to how other communities are handling the situation and where the funding is coming from. The City Manager stated he would send the necessary forms to Mr. Nicholie for his agency to request an appropriation for the 1990 budget. CONSENT AGENDA Mayor Pro tern Scott inquired if any Councilmembers requested any item removed from the consent agenda. Councilmember Pedlar requested item 8f be removed. MAYORAL APPOINTMENTS There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to appoint Bud Sorenson as the chairperson of the Park and Recreation Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -31 Member Todd Paulson introduced the following resolution and moved its adoption: 2/27/89 -1- RESOLUTION AMENDING ARTICLE III, PARTIES; SECTION I OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S JOINT POWERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -32 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) TURF SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -33 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 Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -34 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROPRIATION FROM CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -35 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) FIVE REEL GANG MOWER FOR THE GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve the following list of licenses: BULK VENDOR K -Mart 5930 Earle Brown Drive CIGARETTE Boulevard Superette 6912 Brooklyn Blvd. Duke's Standard 6501 Humboldt Ave. N. Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber Co. 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. 2/27/89 -2- I The Pipeseller Shop 1301 Brookdale Center FOOD ESTABLISHMENT Centerbrook Golf Course 5500 N. Lilac Drive GASOLINE SERVICE STATION Duke's Standard 6501 Humboldt Ave. N. ITINERANT FOOD ESTABLISHMENT Knights of Columbus 7025 Halifax Ave. N. MECHANICAL SYSTEMS Custom Mechanical, Inc. 5973 3rd St. NE Environ -Con, Inc. 500 Apollo Ave. NE Minndak Mechanical 14918 200th Ave. NW Riccar Heating 2387 136th Ave. NW NONPERISHABLE VENDING MACHINES J. R. Vending 5312 Perry Ave. N. Brooklyn Law Office 5637 Brooklyn Blvd. Royal Business Forms 6840 Shingle Creek Pkwy. K -Mart 5930 Earle Brown Drive Maranatha Conservative Baptist Home 5401 69th Ave. N. Minnesota Vikings Food Service, Inc. 5200 West 74th Street Hennepin Co. Service Center 6125 Shingle Creek Pkwy. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. Silent Knight Security Systems 1700 Freeway Blvd. State Farm Insurance 5930 Shingle Creek Pkwy. NSI /Griswold Corporation 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Lynbrook Bowl 6357 N. Lilac Drive Travelers North 6601 Shingle Creek Pkwy. Don Waletzko 8751 Dallas Lane Humboldt Square Cleaners 6824 Humboldt Ave. N. PERISHABLE VENDING MACHINES Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber Co. 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. Maranatha Conservative Baptist Home 5401 69th Ave. N. Minnesota Vikings Food Service, Inc. 5200 West 74th Street Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. Schmitt Music 2600 Freeway Blvd. State Farm Insurance 5930 Shingle Creek Pkwy. NSI /Griswold Corporation 8300 10th Ave. N. Travelers North 6601 Shingle Creek Pkwy. RENTAL DWELLINGS Initial: RFCI 5805 Shores Drive 2/27/89 -3- Renewal: L. A. Beisner Earle Brown Commons Kenneth & Jeanette Solie Evergreen Park Manor Invespro II Limited Partnership The Village at River West Eugene J. Sullivan 5401 Brooklyn Blvd. Jerry & Karen Fobbe 4811 Lakeview Ave. N. Edward C. Sass 5101, 03 Xerxes Ave. N. Howard & Harriet Oien 3606 58th Ave. N. Leo J. Vogel 2841 67th Lane Ruth Kalanquin 5348 70th Circle Curtis H. Cady 1312 72nd Ave. N. SIGN HANGER Signart Company, Inc. 2535 Pilot Knob Road SPECIAL FOOD HANDLING ESTABLISHMENT Children's Palace 5900 Shingle Creek Pkwy. M & S Drug Emporium 5900 Shingle Creek Pkwy. Total Petroleum, Inc. 6830 Brooklyn Blvd. TAXICAB Airport Cab 3010 Minnehaha Ave. S. Suburban Taxi Corporation 9614 Humboldt Ave. S. Town Taxi 2812 University Ave. SE Yellow Taxi Service Corporation 3555 5th Ave. S. The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 13 1989 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve the minutes of the February 13, 1989, City Council meeting. The motion passed. Mayor Pro tem Scott abstained from the vote as she was not present at this meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 General Fund Budget. He noted this item will allow for the purchase of an identification card machine to be used by the police department. Councilmember Pedlar stated he is aware the I.D. program has been discussed for a number of years, and he inquired if the fire department would be involved in the I.D. process. The City Manager stated all City employees will be involved in the I.D. process. He noted this is a self- contained unit which will handle the entire process very quickly. RESOLUTION NO 89 -36 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 2/27/89 -4- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 89005 SUBMITTED BY BORDER STATES FOODS REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A HARDEES RESTAURANT AT THE PROPOSED INTERSECTION OF FREEWAY BOULEVARD AND JAMES CIRCLE (EAST LEG) The City Manager noted this item was recommended for approval by the Planning Commission at its February 16, 1989, Planning Commission meeting. The Director of Planning and Inspection referred the Mayor Pro tem and Councilmembers to pages one through three of the February 16, 1989, Planning Commission minutes and information sheet. He briefly reviewed the site plan and the proposed location of the restaurant. He explained the Planning Commission recommended 16 conditions and went on to review them for the Council. Mayor Pro tem Scott opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89005 and inquired if there was anyone present who wished to address the Council. Mayor Pro tem Scott recognized Ron Ohe, a representative of Border States Foods. Mayor Pro tem Scott inquired when construction would begin. Mr. Ohe stated that he hoped to begin construction as early in the spring as possible with an opening date of June 1, 1989. A discussion then ensued relative to the proposed hours for the restaurant, and Councilmember Pedlar asked if any other Hardees' locations are 24 hour operations. Mr. Ohe stated it depends upon the location of the restaurant. He noted this restaurant is very close to the freeway and industrial businesses which could support a 24 hour operation. Councilmember Pedlar stated he is concerned with placing a food establishment between two liquor establishments because of the problems occurring between 1 a.m. and 2 a.m. He inquired if Chief Lindsay has reviewed the situation. The City Manager stated he is unsure whether Chief Lindsay has reviewed this application but noted there has never been problems in the past. He pointed out one of the liquor establishments has a 24 hour food establishment within the same building. He noted in most cases if there were a problem with the restaurant, the owner or manager would request to change the hours of operation to avoid these types of problems. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 89005. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve Planning Commission Application No. 89005 submitted by Border States Foods subject to the following conditions: 1. The special use permit is issued for the construction and operation of a convenience food restaurant with a drive -up window. No other uses are comprehended. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2/27/89 -5- I 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) 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. 7. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 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 34 of the City Ordinances. I 10. B612 curb and gutter shall be provided around all parking and driving areas. 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 in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 13. Site lighting shall conform with the requirements of Section 35 -712 of the Zoning Ordinance. Pursuant to this end, the plans shall be revised, prior to issuance of building permits to eliminate the tilt of the north and south lamps on all four light poles on the site. 14. One on -site hydrant shall be required in a location to be approved by the Fire Chief. 15. The landscape plan shall be revised, prior to consideration by the City Council to indicate berming in the green strips adjacent to Freeway Boulevard and James Circle to provide parking lot screening. The landscape plan shall be further revised, prior to the issuance of permits, to indicate additional plantings as requested by the Planning Commission and City Council in keeping with community standards. 2/27/89 -6- 16. Building permits shall not be issued for the project until the plat comprehended under Planning Commission Application No. 88024 has been given final approval by the City Council and filed with Hennepin County. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane. He noted this item was first read on January 23, 1989, published in the City's official newspaper on February 2, 1989, and is offered this evening for a second reading. He briefly reviewed the proposed site for the City Council. Mayor Pro tem Scott opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane and inquired if there was anyone present who wished to speak. Mr. Howard Atkins stated he is the owner of the property and noted he wishes to develop two acres of property abutting the strip of land. He noted by vacating this part of the right -of -way it would make the development plan more workable. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane. The motion passed unanimously. ORDINANCE 89 -07 Member Todd Paulson introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF THE RIGHT -OF -WAY OF 66TH AVENUE NORTH BETWEEN WEST RIVER ROAD AND WILLOW LANE The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PLANNING COMMISSION ITEMS (CONTINUED) PLANNING COMMISSION APPLICATION NO. 89007 SUBMITTED BY MARANATHA PLACE REQUESTING VARIANCE APPROVAL TO PLACE IDENTIFICATION SIGNERY FOR MARANATHA PLACE APARTMENTS ON A RETAINING WALL ON THE MARANATHA CARE CENTER PROPERTY TO THE EAST The City Manager noted this item was recommended for approval by the Planning Commission at its February 16, 1989, meeting. The Director of Planning and Inspection referred the Mayor Pro tem and Councilmembers to pages five and six of the February 16, 1989, Planning Commission minutes and information sheet. He briefly reviewed the application and the six conditions recommended for approval by the Planning Commission. Mayor Pro tem Scott opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89007. She then recognized Mr. Dave Veland, administrator of the Maranatha Care Center. Mr. Veland briefly reviewed the site, plantings, and lighting for the proposed sign. 2/27/89 -7- There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 89007. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve Planning Commission Application No. 89007 submitted by Maranatha Place subject to the following conditions: 1. Unified signery for the care center /apartment complex is appropriate and even desirable. Applying the ordinance literally would prevent such unified signery and would work a hardship on the applicant. 2. The continuum of services offered in the complex and the attachment of the buildings across zoning as well as property lines are unique conditions which are not common generally in either the R6 or R1 zoning districts. 3. The proposed signery is aesthetically attractive and will have no greater impact than two separate sign monuments. There should, therefore, be no detrimental effect on the public welfare, nor injury to other property in the neighborhood. 4. The proposed retaining wall serves a function in addition to providing a wall on which to place signery. Sign area, therefore, need not be computed as the total face of the retaining wall, but only that area covered by the proposed signery. 5. Variance approval acknowledges one 28 sq. ft. freestanding sign as proposed on the Maranatha Care Center property. No other identification signery for Maranatha Place is acknowledged by this variance approval. 6. The existing identification sign for the care center shall be removed prior to issuance of the sign permits for the proposed signs. The motion passed unanimously. DISCUSSION ITEMS ECONOMIC DEVELOPMENT CONSORTIUM The City Manager explained the City of Brooklyn Center has been requested to join the Hennepin County Economic Development Consortium. He explained the Chamber of Commerce has indicated some interest in this group. However, it is felt the Northern Mayor's Association and Tourism Bureau are basically handling the same activities which the Economic Development Consortium proposes to handle. He added the Chamber of Commerce and staff have some concerns with buying into the total package of the Economic Development Consortium. Mayor Pro tem Scott stated she would like more information on the Economic Development Consortium, and also she believes staff should inform the Economic Development Consortium of what is in place in Brooklyn Center and already working so there is no duplication of efforts. The City Manager stated he would feel better in 2/:27/89 -8- funding the Northern Mayor's Association and generally keeping in touch with the Economic Development Consortium. RECESS The Brooklyn Center City Council recessed at 8 :15 p.m. and reconvened at 8:34 p.m. DISCUSSION ITEMS (CONTINUED) TWIN LAKE PRESERVE PARK STUDY The City Manager explained in 1988 the City Council authorized a preliminary use study for the park lands in the area of the Kylawn Preserve and upper, middle, and lower Twin Lakes area. He stated the Park and Recreation Commission reviewed the first draft of this study at its February meeting and is in the process of evaluating the various alternatives listed in the preliminary report. The City Manager stated the Joslyn site has been included in the study, and staff feels some consideration should be given to the City's possible interest in acquiring some or all of this land. He went on to review the entire plan and the findings of Westwood Professional Services. He noted the plan offers the opportunity for a good trail system for this portion of the City. Mayor Pro tem Scott stated she felt it was important to work with the surrounding communities so the trails could all link together. BROOKLYN CENTER SURVEY QUESTIONNAIRE The City Manager stated the proposed Brooklyn Center residential questionnaire has 87 questions on it. He stated staff is requesting the Council to eliminate at least 5 questions from the questionnaire. He noted staff has suggested removal of question Nos. 95, 96, 97, and 98 which relate to traffic congestion and question Nos. 77, 78, and 79 which relate to redevelopment and the use of redevelopment incentives. Councilmember Pedlar stated he feels there are too many questions on this questionnaire. He inquired how the results of the questionnaire will impact the strategic planning process and whether some of the issues will be addressed in the planning process. The City Manager reminded the Council this questionnaire is not the only source of information for these issues. Councilmember Pedlar stated he did not see the significance of about 50% of the questions. He added he felt there were other issues which should be looked at more closely in the questionnaire. Councilmember Paulson stated he also felt there were a few issues that should be added to the questionnaire. The City Manager stated if Councilmember Paulson and Councilmember Pedlar would send him a list of the new questions and /or issues which they feel should be included in the questionnaire, he would bring the entire questionnaire back for further review at a later date. There was a general consensus among Councilmembers to eliminate question Nos. 77, 78, 79, 95, 96, 97, and 98. 2/ "27/89 -9- i ADJOURNMENT There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:54 p.m. City Clerk Mayor Pro tem I i I 2/27/89 -10-