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HomeMy WebLinkAbout1989 04-10 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 10, 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 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Todd Paulson, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Blaine Fluth, President of the 1989 Brooklyn Center Prayer Breakfast Committee. 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 items 7b, 7c, 7d, and 10 be removed from the consent agenda. No other requests were made. APPROVAL OF MINUTES - MARCH 27 1989 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to approve the minutes of the March 27, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 89 -60 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING REVISED FINAL PAYMENT FOR WORK UNDER CONTRACT 1987 -L (CAMDEN AVENUE SIDEWALK IMPROVEMENT PROJECT NO. 1987 -10) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 4/10/89 -1- The City Manager presented a Resolution Accepting and Approving Environmental Assessment Worksheet Relating to the Reconstruction of West River Road between Interstate Highway 694 (I -694) and 73rd Avenue North. Councilmember Paulson inquired when the neighborhood meeting was held regarding this item. The Director of Public Works stated there was a meeting held on March 8, 1989. A brief discussion then ensued regarding some of the concerns expressed by the neighborhood. RESOLUTION NO. 89 -61 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING AND APPROVING ENVIRONMENTAL ASSESSMENT WORKSHEET RELATING TO THE RECONSTRUCTION OF WEST RIVER ROAD BETWEEN INTERSTATE HIGHWAY 694 (I -694) AND 73RD AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Authorizing the Purchase of One (1) Four Wheel Pavement Marking Machine. Councilmember Paulson inquired if the City would still be complying with the State purchasing procedures by taking only one bid. The City Manager responded affirmatively. RESOLUTION NO 89 -62 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) FOUR WHEEL PAVEMENT MARKING MACHINE 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 Declaring Surplus Property. Councilmember Paulson inquired if the City is responsible for registration of these guns once they are sold at the auction. The City Manager stated the City is not required to handle any of the paperwork for registering these guns. He noted the City is not acting as a dealer for the sale of these weapons and, therefore, does not have to complete any paperwork. RESOLUTION NO 89 -63 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract for Tree Removal Project No. 1989 -03, Contract 1989 -B. He noted this project covers the removal of trees in accordance with the City's diseased tree removal program. He stated staff is recommending that the contract be awarded to the lowest responsible bidder. Councilmember Scott inquired if there was any sign 4/10/89 -2- of the State providing funding for reforestation programs in the future. The City Manager stated at the present time the state is not providing reforestation funding to municipalities. RESOLUTION NO. 89 -64 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR TREE REMOVAL PROJECT NO. 1989 -03, CONTRACT 1989 -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 Private Sale of One Parcel of Nonconservation Land to the Owner of an Adjacent Property. The Director of Public Works stated this property has severe soil conditions which make it unsuitable for building a house on it. He noted in addition to the unstable soil conditions on the property, the soil conditions also extend to adjacent properties so that any effort to provide soil corrections or to install piling would create adverse affects on the adjacent property owners. He noted there were three options discussed by staff but only one is recommended. He noted staff is recommending approval of the sale of this parcel, only to an owner of one of the adjacent properties, with the condition that the properties then be combined for use as a single property. RESOLUTION NO. 89 -65 Member Gene Lhotka 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 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES Councilmember Paulson inquired if U.A. Communications must follow the same health inspection process as other food establishments. The City Manager responded affirmatively. Councilmember Paulson stated he has noted numerous times how messy and dirty the floor is in this establishment. The City Manager stated he would have the health department check into it. Mayor Nyquist inquired how the Que Viet Restaurant is doing at this point. The City Manager stated he spoke with the sanitarian late last week, and they are very pleased with the progress shown at this establishment. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve the following list of licenses: BULK VENDOR Brooklyn Center Lions P. 0. Box 29092 FOOD ESTABLISHMENT Beacon Bowl 6525 Lyndale Ave. N. 4/10/89 -3- Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center American Little League 2701 64th Ave. N. Iten Field Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooklyn Center National Little League 5312 North Lilac Drive Lions Park T.H. 100 & N. Lilac Brooks Superette 6804 Humboldt Ave. N. Carmel Corn 1333 Brookdale Center Children's World Learning Center 6020 Earle Brown Drive Chuck Wagon Inn 5720 Morgan Ave. N. T. J. Cinnamons Bakery 1345 Brookdale Center Dayton's 1100 Brookdale Center Fanny Farmer Candy Shops 1236 Brookdale Center Food Express 1131 Brookdale Center Holiday Inn 2200 Freeway Boulevard House of Hui's Restaurant 6800 Humboldt Ave. N. Jerry's New Market 5801 Xerxes Ave. N. K -Mart 5930 Earle Brown Dr. Kids' Time Out 5611 Xerxes Ave. N. Leeann Chin, Inc. 6050 Shingle Creek Pkwy. Little Brooklyn 6219 Brooklyn Blvd. Lutheran Church of the Master 1200 69th Ave. N. Lynbrook Bowl, Inc. 6357 North Lilac Dr. Maranatha Conservative Baptist Home 5401 69th Ave. N. McDonald's 5525 Xerxes Ave. N. Metz Baking Company-- Taystee Bread 4215 69th Ave. N. Minnesota Vikings Food Service, Inc. 5200 West 74th Street U.S. West 5910 Shingle Creek Pkwy. Nature Food Centre 6068 Shingle Creek Pkwy. New Horizon Day Care Center 6625 Humboldt Ave. N. Northwest Residence 4408 69th Ave. N. 1 Potato 2 1319 Brookdale Center Perkins Family Restaurants 5915 John Martin Drive Subs Etc. 6048 Shingle Creek Pkwy. T. Wright's 5800 Shingle Creek Pkwy. U. A. Communications 5800 Shingle Creek Pkwy. Village House, Inc. Que Viet 6100 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. MECHANICAL SYSTEMS Aer, Inc. Box 1146 Air Corp, Inc. 13005 16th Ave. N. Airco Heating & A/C Co. 4014 Central Ave. NE Arrow Heating and Cooling, Inc. 8455 Center Drive NE Egan & Sons Co. 7100 Medicine Lake Road Furnace Care, Inc. 8733 Humboldt Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. General Sheet Metal Corp. 2330 Louisiana Ave. N. Kleve, Inc. 13075 Pioneer Trail Master Mechanical, Inc. 9864 James Circle Northwest Heating & A/C 9964 Hemlock Way 4/10/89 -4- Pete's Repair, Inc. 8835 Xylon Ave. N. Precise Heating, A/C &.Electric, Inc. 2729 Ensign Ave. N. R & S Heating and A/C 21357 Hemlock Ave. MOTOR VEHICLE DEALERSHIP Brookdale Pontiac 6801 Brooklyn Blvd. North Star Dodge Center, Inc. 6800 Brooklyn Blvd. SIGN HANGER Topline Outdoor Advertising, Inc. 1493 94th Lane NE SWIMMING POOL Real Estate Equities 325 Cedar Street Brookside Manor Apartments 1121 -1307 67th Ave. N. Bill Bjerke c/o Fun Services 3701 50th Ave. N. Hiway 100 North France Health Club 4001 Lakebreeze Ave. N. Riverwood Townhomes Association 6626 Camden Drive N. Twin Lake North Apartments 4536 58th Ave. N. TAXICAB Suburban Taxi Corporation 9614 Humboldt Ave. S. Town Taxi 2812 University Ave. SE Yellow Taxi Service Corporation 3555 5th Avenue S. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 89002 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING REZONING FROM R5 TO Cl THE LAND AT THE SOUTHWEST QUADRANT OF I -94 AND BROOKLYN BOULEVARD AND THE NEIGHBORING LOTS TO THE SOUTH The City Manager noted this application was first reviewed by the Planning Commission at its January 12, 1989, meeting and was referred to the West Central Neighborhood Advisory Group for review and comment. The Planning Commission again reviewed the application at its March 30, 1989, meeting and recommended approval of the application. The Director of Planning and Inspection referred the Mayor and Councilmembers to page one of the March 30, 1989, Planning Commission minutes and attached information sheet. Police Chief Jim Lindsay entered the meeting at 7:32 p.m. The Director of Planning and Inspection went on to briefly review the site location and noted the rezoning from R5 to Cl would put it in compliance with the City's comprehensive plan. He then went on to review the past proposals which have been made for development on this site. The Director of Planning and Inspection stated at the February 21, 1989, West Central Neighborhood Advisory Group meeting there was one resident who mildly objected to the rezoning because if the property were rezoned to Cl, he would not be allowed to make any further additions to his home if he wished to. He noted this property owner agreed that in the long range the Cl zoning was more correct for the area but was concerned that he would not be allowed any 4/10/89 -5- expansion to his home under the Cl zoning. The Director of Planning and Inspection then reviewed the six considerations contained in the resolution regarding disposition of the application and noted there would be a first reading of the ordinance amendment at a later date. He stated a public hearing has been scheduled and notices have been sent. Councilmember Lhotka inquired if under the R5 zoning laws a currently existing single - family home has the ability to expand. The Director of Planning and Inspection stated under the R5 zone single - family homes are exempt from the restriction prohibiting expansion. He noted under the Cl zone these existing single - family homes would be prohibited from expanding their home. Councilmember Lhotka inquired if there would be any way to allow these existing homes the right to expansion. The Director of Planning and Inspection stated there could be an amendment to the zoning ordinance which would allow an exemption for existing single-family homes in a Cl district. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89002. He recognized Clarence Dudley who stated he lives on the east side of Brooklyn Boulevard and feels there has to be a better plan for this area. Mayor Nyquist stated it appears the comprehensive plan agrees with Mr. Dudley's remarks. Mayor Nyquist inquired if there was anyone else 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 Pedlar to close the public hearing on Planning Commission Application No. 89002 submitted b the City Y Brooklyn C y y enter. The motion passed unanimously. Y Councilmember Lhotka stated he would like to request staff to identify where other single-family omes exist in Y Cl zones He stated he would like to see a possible ordinance amendment which would allow an exemption from the restriction prohibiting expansion of single - family homes in the Cl zoning district. RESOLUTION NO. 89 -66 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 89002 SUBMITTED BY THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Paulson directing staff to prepare an ordinance amendment and identify single- family homes within Cl zones. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 89011 SUBMITTED BY PUBLIC STORAGE FOR AN APPEAL FROM A DETERMINATION BY STAFF THAT MINI - STORAGE FACILITIES ARE NOT PERMITTED IN THE Cl ZONING DISTRICT The City Manager noted the Planning Commission recommended denial of this application at its March 30, 1989, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through four of the March 30, 1989, Planning Commission minutes and information sheet. He went 4/10/89 -6- on to briefly review the arguments submitted by Public Storage for allowing this type of use in a Cl zone. He noted there is not a public hearing scheduled for this evening, but the applicant is present to answer questions. He stated this type of use is not permitted or recommended for the C1 zone. Mayor Nyquist stated even if the Council is to conclude that this project would be a good use for this particular site, they would be setting a precedent for other areas of the City. Councilmember Lhotka stated he agreed with the Mayor and noted in the past the Council has been very sensitive to the wishes of the neighborhood, and he feels this use is not appropriate for this C1 zone. Mayor Nyquist then recognized Don Jensen of Public Storage. Mr. Jensen reviewed the proposed development for this site and showed a rendering of a similar mini- storage facility located in Golden Valley. He stated one distinction between warehousing and mini - storage is that warehouses have employees which stay and do work during the day, and self - storage has customers who come and go. He noted many communities throughout the country have begun to allow self- storage in commercial and even residential zoning districts because they recognize its customer orientation. He noted he has had contact with approximately three- quarters of the residents of the surrounding neighborhood and stated it appears to be a generally accepted development for the area. Mr. Jensen then introduced Dan Rooney of Public Storage. Mr. Rooney stated Public Storage was interested in a commercial location because the location is safe, convenient, attractive, and secure. He stated Public Storage generally locates in or adjacent to commercial areas along major thoroughfares. He noted the general public is 80% of the customers and businesses the remaining 20 %. Mayor Nyquist then recognized Tim Malloy of Dahlgren, Shardlow, and Uban. Mr. Malloy noted that mini - storage use has changed in response to market concerns. He pointed out that self- storage is a low traffic generator, and self- storage can develop in commercial areas and have an attractive facade. Mr. Jensen stated Public Storage is willing to meet with the neighborhood and discuss the proposed development and its concerns. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to uphold the recommendation of the Planning Commission denying the appeal submitted by Public Storage. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:56 p.m. and reconvened at 9 :14 p.m. DISCUSSION ITEMS DELIVERY AND TAKEOUT FOOD AS A FACTOR IN LIQUOR ORDINANCE FOOD TO LIQUOR PERCENTAGE The City Manager stated it has come to staff's attention recently that Lynbrook Bowl is achieving its minimum 40% food percentage with significant food revenue from its food delivery business which is based at Lynbrook Bowl. He stated as requested by the City Council an audit has been completed of the food /liquor percentage figures for Lynbrook Bowl and the relationship f the food delivery ery service revenues for this establishment. He noted a similar analysis was also done of the Green Mill Restaurant for comparison purposes. He stated staff 4/10/89 -7- I feels the spirit of the ordinance is being violated by the use of revenues from catered or delivery food services to meet the minimum licensing requirements of the ordinance. Mayor Nyquist stated it is not logical for the City ordinances to require a set number of seats if the majority of revenue is being collected from off -site deliveries. Councilmember Scott inquired if it would be possible to amend the ordinance to allow 25% of the revenue for food not consumed on -site to count towards the food /liquor split. The City Manager stated we could amend the ordinance to allow that, or we could amend it to not allow any percentage of off -site food sales to count towards the split. The Police Chief stated when the liquor ordinances were first written there was virtually no off -site delivery of food. He noted now many restaurants do catering and off -site deliveries. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott directing staff to investigate possible amendments to the liquor ordinances and make these proposed amendments available to the Chamber of Commerce and license holders for their review and comment. The motion passed unanimously. OUTDOOR LIQUOR AND FOOD SERVICE UNDER OUR LIQUOR LICENSING ORDINANCE The City Manager stated the Police Department and Planning and Inspection Department are receiving more requests each year to extend eating areas at restaurants to the outdoors. He noted this issue brings a number of questions to mind, such as the relationship to residential areas, noise levels, quick order food or full dinner menus, and a type of barrier from outside to control sale of liquor. The Director of Planning and Inspection stated a concern from him is the number of parking spaces required if the amount of seating is increased for the restaurant. He noted that generally the outdoor seating would only be used for three to four months out of each year. The Police Chief stated noise control becomes an issue with this type of activity and is also part of the liquor control ordinance. A discussion then ensued regarding the different types of requests received in the past. Councilmember Scott stated she would be very much against allowing bands to play outside. She stated she feels the music carries too far and would be disturbing to surrounding neighborhoods. There was a motion by Councilmember Pedlar and seconded by Councilmember Lhotka directing staff to investigate possible ordinance amendments that will accommodate these situations. The motion passed unanimously. The Finance Director and Police Chief left the meeting at 9:35 p.m. PRELIMINARY DESIGN STUDY REPORT - 69TH AVENUE NORTH FROM ZANE AVENUE NORTH TO DUPONT AVENUE NORTH The City Manager noted in April of 1987 the City Council approved an agreement with Short - Elliott- Hendrickson, Inc. (SEH) to conduct a traffic study and develop a preliminary design of the 69th Avenue North Corridor between Dupont Avenue North and Zane Avenue North. He noted that study is now complete and a copy of the report was submitted to the Council for this evening's meeting. The Director of Public Works explained after reviewing the report, staff does not believe the proposed improvements would require the City to prepare an environmental assessment worksheet for this project. However, staff does recommend the City voluntarily prepare an EAW for this project because it will demonstrate the City's commitment to full consideration of the environmental 4/10/89 -8- impacts of this project. He noted there is also a resolution for the Council's consideration this evening initiating the preparation of an EAW. Councilmember Lhotka inquired if any of the design alternates comprehend the taking of property. The Director of Public Works stated there would be a need to take some property in all alternates. He then introduced Glen Van Wormer, project manager from SEH, and Marland Larson, design engineer from SEH. Mr. Van Wormer went on to explain that 69th Avenue North is basically the only real through street from east to west, although it is not typically used as a normal through street. He noted the traffic generally uses only sections of it to get from point A to point B. He noted there are approximately 13,000 cars traveling this road daily. Mr. Larson went on to review alternates A, B, and C and briefly explained each alternate. Councilmember Lhotka inquired where the funding would come from for acquisition of the property. The City Manager stated it would come from state aid funds. The Director of Public Works noted the difference between alternates A and B, and alternate C is $1.3 million in right -of -way costs. He also noted the anticipated traffic level in ten years for the area between Shingle Creek Parkway and Brooklyn Boulevard is 16,000 to 17,000 cars per day. A discussion then followed regarding the differences in the three alternates and how each .would fit into the MSA funding standards. The discussion then turned to how the Council would like the staff to proceed with the project. There was a general consensus among Councilmembers that staff should set up an initial public information session for this neighborhood to discuss the proposed improvements with them. RESOLUTION NO. 89 -67 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION INITIATING THE PREPARATION OF A DISCRETIONARY ENVIRONMENTAL WORKSHEET (EAW) FOR IMPROVEMENTS TO THE 69TH AVENUE NORTH CORRIDOR FROM THE WEST CITY LIMITS TO DUPONT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Br oklyn Center City Council adjourned at 10 :50 p.m. City Clerk May 4/10/89 -9-