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HomeMy WebLinkAbout1987 02-09 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 FEBRUARY 9, 1987 CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Dave Kennedy, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Dean Nyquist. OPEN FORUM Mayor Nyquist recognized Henry Wos, 5510 Lyndale Avenue North, who stated his home had been damaged during the 1985 construction project of Lyndale Avenue North between 53rd and 57th Avenues North. He noted that he has six cracks in his foundation that were not there before the construction project and that his driveway does not drain into the street as it should. He added that the appraiser from the City had been out, and his market value has been lowered $4,000. Mr. Wos stated that he had been informed that the City would not pay Northdale Construction until all property damage claims had been taken care of, however, nothing has been resolved on his home yet. He added that Northdale Construction has stated the foundation cracks were not caused by their equipment. The City Manager stated that he was sure that this particular incident had been put on the contractor's list for insurance purposes, but that he would check on it again. He stated that he would further investigate the matter and contact Mr. Wos with his findings by the end of the week. He noted he would forward copies to the Council also. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. No requests were made. RESOLUTION NO. 87 -29 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -B (POLICE DEPARTMENT REMODELING IMPROVEMENT PROJECT NO. 1986 -02) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 2 -9 -87 -1- RESOLUTION NO. 87 -30 Member Gene Lhotka 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 Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE LICENSE Duke's Standard 6501 Humboldt Avenue N. Minnesota Vikings Food Service, Inc. 5200 West 74th Street Ryan Construction 6200 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT LICENSE Orchard Lane PTA /Dawn Kiefer 6218 Kyle Avenue N. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Ford 2500 County Road 10 NONPERISHABLE VENDING MACHINE LICENSE Canteen Company of MN, Inc. 6200 Penn Avenue S. FMC 1800 Freeway Boulevard Medtronics 6700 Shingle Creek Pkwy. Canteen Corporation 1091 Pierce Butler Route Hoffman Engineering 6350 James Avenue N. Earle Brown Bowl 6440 James Circle Lynbrook Bowl 6357 North Lilac Drive Minnesota Vikings Food Service, Inc. 5200 West 74th Street Ryan Construction 6200 Shingle Creek Pkwy. Northern States Power 4501 68th Avenue North Service America Corporation 7490 Central Avenue NE Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Creek Pkwy. Twin City Vending Co., Inc. 1065 East Highway 36 Builders Square 3600 63rd Avenue N. Group Health, Inc. 6845 Lee Avenue N. Sears Brookdale Center PERISHABLE VENDING MACHINE LICENSE Canteen Company of MN, Inca 6300 Penn Avenue S. FMC 1800 Freeway Blvd. Medtronics 6700 Shingle Creek Pkwy. Canteen Corporation 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. Hoffman Engineering 6350 James Avenue N. Minnesota Vikings Food Service, Inc. 5200 West 74th Street Ryan Construction 6200 Shingle Creek Pkwy. Service America Corporation 7490 Central Avenue NE 2 -9 -87 -2- Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Creek Pkwy. Twin City Vending Co., Inc. 1065 East Highway 36 Builders Square 3600 63rd Avenue N. Earle Brown Farm Ind. Park 6100 Summit Drive Sears Brookdale Center POOL AND BILLIARD TABLE LICENSE Lynbrook Bowl 6357 North Lilac Drive READILY PERISHABLE FOOD VEHICLE LICENSE Tombstone Pizza Corp. P.O. Box 7000 SPECIAL FOOD HANDLING LICENSE Best Products Co., Inc. 5925 Earle Brown Drive Fun Services, Inc. 3615 59th Avenue N. Maid of Scandinavia Co. 3244 Raleigh Avenue Total Petroleum, Inc. 6830 Brooklyn Boulevard The motion passed unanimously. APPROVAL OF MINUTES - JANUARY 26 1987 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of January 26, 1987 as submitted. The motion passed. Mayor Nyquist abstained from voting as he was not present at the January 26, 1987 City Council meeting. DISCUSSION ITEMS MAYOR AND COUNCIL TERM EXTENSIONS UNDER 1986 CHARTER AMENDMENT The City Manager briefly reviewed the alternatives for implementation of the 1986 Charter Amendment and the staff's recommendation on this implementation. He stated that Dave Kennedy, from the City Attorney's office, was present this evening to answer any questions the Council may have. Councilmember Theis stated that he was still bothered by the fact that the method of term extensions had not been fully examined before the amendment was put before the voters. The City Manager apologized for not having looked into this matter closer, but noted that the end results would be the same. Mayor Nyquist noted that the Charter Amendment had actually changed two things. One being, the length of terms and the second being, the even year elections. Mr. Kennedy noted that each alternative is perfectly legal, and added that by preparing an ordinance amendment for passage the City's position would be more easily defended if challenged in court. Mayor Nyquist recognized Mr. Phil Cohen who stated the Charter Commission had assumed that the Council would automatically take care of the term extensions. He noted that if this had been examined more carefully the public would have known exactly what they were voting for on election day. There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist directing staff to prepare a draft ordinance amendment setting forth the term 2 -9 -87 -3- extensions under the 1986 Charter Amendment. The motion passed with Councilmember Theis opposed. PRELIMINARY DISCUSSION ON REDEVELOPMENT POLICY The HRA Coordinator stated that in the coming years the City will be required to take a more active role in the development and /or redevelopment within certain areas of the City. He briefly reviewed each of the eight sites and discussed some of the pros and cons of redevelopment of these areas. The HRA Coordinator stated that he had been looking into the possibility of the City working towards the Star City designation. He noted that this is a State program and that the Chamber of Commerce is very interested in this program. He stated that the program provides a good framework for economic planning, and that the most important feature of the program is business retention. He noted that the City could design programs to keep businesses within the City instead of replacing those businesses which have moved. He added that the City has already completed approximately one -half of the tasks required for the Star City program. He noted that one of the largest drawbacks of the Star City program is the very structured formation of committees. He stated that it has been the staff's experience that these types of committees do not always work best for Brooklyn Center. The City Manager stated that staff has met with the Chamber of Commerce and would like to proceed with the planning process, but use the City's current committee structures. He added that the City may still qualify for the Star City designation even though the City would use its own committee structure. ORDINANCE The City Manager introduced An Ordinance Amending Chapters 1, 5, 7, 8, 12, 21, 23 and 34 Regarding Various License Fees. He noted this item was first read on January 12, 1987, published in the City's official newspaper on January 22, 1987, 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 Chapters 1, 5, 7, 8, 12, 21, 23 and 34 Regarding Various License Fees. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapters 1, 5, 7, 8, 12, 21, 23 and 34 Regarding Various License Fees. The motion passed unanimously. ORDINANCE NO. 87 -01 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 1, 5, 7, 8, 12, 21, 23 AND 34 REGARDING VARIOUS LICENSE FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -31 2 -9 -87 -4- Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A SCHEDULE FOR VARIOUS LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -32 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 86 -123 REGARDING THE SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86045 SUBMITTED BY CROWN COCO INC. REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A CONVENIENCE STORE /GAS STATION ON THE OLD ARTHUR TREACHER'S SITE AT 6100 BROOKLYN BOULEVARD AND PLANNING COMMISSION APPLICATION NO. 86046 SUBMITTED BY CROWN COCO INC. REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW A 10' REAR YARD BUILDING SETBACK RATHER THAN THE 40' REQUIRED BY ORDINANCE AND PLANNING COMMISSION APPLICATION NO. 86047 SUBMITTED BY CROWN COCO INC. REQUESTING _A VARIANCE FROM SECTION 35-704 OF THE ZONING ORDINANCE TO ALLOW FEWER THAN THE REQUIRED NUMBER OF PARKING STALLS FOR THE CONVENIENCE STORE /GAS STATION PROPOSED UNDER APPLICATION NO. 86045 The City Manager noted that these three items were recommended for denial by the Planning Commission at its January 29, 1987 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages one through five of the January 29, 1987 Planning Commission minutes, and the attached informational sheets with those minutes pertaining to these applications. He proceeded to review Application No. 86045 and noted that it had first been considered on December 11, 1986. He noted that the item had been tabled at this time and that the applicant had submitted new plans in order to withdraw the application for variances. He went on to briefly review the new plans submitted for this site. He stated that there are six existing driveways, including the one at Arthur Treacher's serving four commercial sites. He noted that by adding an additional driveway for Crown Coco, Inc. would only add to the congestion on Brooklyn Boulevard in this area. He stated that staff believes that with redevelopment should come an improvement in the area not a worse situation than what is already existing. The Director of Planning & Inspection went on to review the Planning Commission 2 -9 -87 -5- recommendations regarding Application Nos. 86045, 86046 and 86047. He noted that a public hearing had been scheduled this evening for all three items and that notices have been sent. A brief discussion then ensued relative to the congestion in the area and the confusion that these driveways sometimes cause. Councilmember Scott stated that she would like to have information regarding the number of rear end accidents in the area, and the City Manager stated he would have the police department check into this. Mayor Nyquist inquired if there were any estimates for the number of cars per day using this site. The Director of Planning & Inspection stated that he did not have any estimates for the site, but noted that there are 20 to 30 thousand cars traveling along Brooklyn Boulevard daily. Councilmember Theis inquired if there would be any possibility of sharing an access with the north or south property owners. The Director of Planning & Inspection stated that there would be a problem with the south property owner because of the zoning difference, and that the north property owners has its parking area along the property line. RECESS The Brooklyn Center City Council recessed at 8:38 p.m. and reconvened at 8:53 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 86045, 86046, and 86047 submitted by Crown Coco, Inc. Mayor Nyquist recognized John Finley, attorney for the applicant, who briefly reviewed the original plan submitted by Crown Coco, Inc. Councilmember Hawes returned to the table at 8:55 p.m. Mr. Finley reviewed the rear setbacks for the adjoining properties, and noted that the Amoco station has a 14' rear setback and the apartment garages have a 17' rear setback. He noted that by redesigning the building and its placement on the site the need for the two variances were eliminated. He added that all changes that had been recommended by staff and the Planning Commission at the December 11, 1986 meeting have been included in this new plan and he felt Crown Coco, Inc. has accommodated all of the Planning Commission concerns. Mr. Finley then presented the Council with a letter from John Sarna, member of the Commerce and Economic Development Committee for the State of Minnesota. Mayor Nyquist inquired how many cars would be using the site daily. It was noted that there would most likely be 70 to 80 customers per hour. Mayor Nyquist noted that he would like to make one comment regarding the position which Hennepin County has taken on the matter. He noted that when Hennepin County first reviewed this application their decision was consistent with the City's policy. He stated that according to the County's second decision, it appears they do not know what they are doing or else they submitted to political pressure. Mayor Nyquist recognized Martyn Bialke, of 6036 Ewing Avenue North. He stated that he felt the development of this site as proposed by the Crown representatives would cause more noise, there would be motor bikes and a younger crowd at the site causing disruption and noise 24 hours a day. He added that he 2 -9 -87 _6_ could see no benefit to the City by allowing this development. Councilmember Theis inquired if it would be possible to do a traffic analysis in the area and how long it would take. The City Manager stated that it would take M two to three weeks for a basic traffic analysis and a cost of approximately $3,000. He added that the Council has 30 days from tonight in which to act on this item. Councilmember Scott stated that she is more concerned with the traffic on Brooklyn Boulevard than she is within the site. She noted that she feels this is too intense usage for the site considering the situation on Brooklyn Boulevard. The City Manager reminded the Council that if it is their intention to deny the application, they should direct staff to prepare a resolution for denial. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing on Planning Commission Application Nos. 86045, 86046 and 86047. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka directing staff to prepare a resolution recommending denial of Planning Commission Application No. 86045 citing the reasons set forth by the Planning Commission at its January 29, 1987 meeting. Councilmember Hawes stated that he believes in all fairness to the applicant and the City a traffic survey should be completed to prove to the applicant that this use would be too intense for the site. There was a motion by Councilmember Hawes to table action on Planning Commission Application No. 86045 to allow time for completion of a traffic analysis in the area. The motion died for lack of a second. Upon vote being taken on the motion directing staff to prepare a resolution the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott and Theis. Voting against: Councilmember Hawes. The motion passed. Mr. Finley stated that Planning Commission Application Nos. 86046 and 86047 would be withdrawn. BIENNIAL PLANNING MEETING The City Manager stated that he would like to merge the Comprehensive Guide Plan with the Year 2000 trends and issues. He stated that staff is currently reviewing the use of a facilitator and that a meeting has tentatively been scheduled for April. Mayor Nyquist stated that he would like the City Manager to avoid scheduling this meeting for the first Saturday in April. OTHER BUSINESS Councilmember Hawes stated that he wanted to clarify his position regarding Planning Commission Application No. 86045. He stated that he was not in favor of the development of a service station in that area, but felt that it would be to the City and the applicant's benefit to have a traffic analysis done in the area. He added that he felt the traffic analysis would be helpful in the event of a lawsuit. Councilmember Lhotka stated that if the City hired a consultant and the applicant hired a consultant there would be two differing opinions and a 2 -9 -87 -7- lawsuit could result either way. Councilmember Scott stated that she also feels there is a need for a traffic study along Brooklyn Boulevard, but she feels a thorough analysis should be done, not a two to three week job. Councilmember Theis stated that he would like the consideration of the Housing 4 Commission member laid over until the February 23, 1987 meeting. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The Brooklyn Center City Council adjourned 9 :53 p.m. City Clerk Mayor I 2 -9 -87 -8-