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HomeMy WebLinkAbout1986 11-24 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 NOVEMBER 24, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience 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 Hawes requested that item 13 be removed from the Consent Agenda. APPROVAL OF MINUTES - NOVEMBER 10 1986 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of November 10, 1986 as submitted. The motion passed unanimously. MAYORAL APPOINTMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Shirley McCumber to the Human Rights Commission. The motion passed unanimously. RESOLUTIONS The City Manager presented a Resolution Accepting Services Performed Under Agreement With Earle Brown Days, Inc. and Amending the 1986 General Fund Budget. RESOLUTION NO. 86 -190 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING SERVICES PERFORMED UNDER AGREEMENT WITH EARLE BROWN DAYS, INC. AND AMENDING THE 1986 GENERAL FUND BUDGET 11 -24 -86 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist recognized Phil Cohen, Chairman of the 75th Anniversary Committee. Mr. Cohen stated that a final committee report had been submitted for the Council's review and if they had any questions he would be more than happy to answer them. He added that he would like to thank the Mayor, Councilmembers and all City staff who worked on the year long celebration. He stated he felt that the success of the celebration came from the total community involvement which included not only the City government taking part, but also the area businesses, school districts and citizens. He added that he felt the City's financial involvement made it easier for the committee to ask area businesses and residents for funding. The City Manager presented a Resolution Accepting Work Performed Under Contract 1986 -F (Diseased Shade Tree Removal Project No. 1986 -04). RESOLUTION NO. 86 -191 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -F (DISEASED SHADE TREE REMOVAL PROJECT NO. 1986 -04) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 85004 SUBMITTED BY KATHY RAUSCH REQUESTING AN AMENDMENT TO THE SPECIAL USE PERMIT APPROVAL FOR A HOME BEAUTY SHOP AT 3000 63RD AVENUE NORTH TO ALLOW A NONRESIDENT EMPLOYEE TO WORK FOR TWO AND ONE HALF YEARS TO ALLOW MRS. BAUSCH TIME TO OBTAIN A SHOP MANAGER'S LICENSE The City Manager noted this item was recommended for approval by the Planning Commission at its November 13, 1986 meeting. The Director of Planning & Inspection referred the Council to pages one and two of the November 13, 1986 minutes and the information sheet attached with those minutes. He added that the Council would be amending condition No. 11 from the original approval. He stated that the applicant is requesting an additional 30 months for a nonresident employee, to allow Mrs. Rausch time to obtain a shop manager's license. He noted that at the Planning Commission meeting there were two residents present and their main concern was the on- street parking. The Director of Planning & Inspection stated that no on- street parking is allowed for this application and that no other changes in the original conditions are being sought or recommended. He noted that a public hearing has been scheduled for this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85004 submitted by Kathy Rausch. He 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. 11 -24 -86 -2- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 85004 submitted by Kathy Rausch. The motion passed unanimously. Councilmember Lhotka asked Mrs. Rausch approximately how many hours she had earned towards her shop manager's license. Mrs. Rausch stated that she had earned between 370 and 400 hours. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the amendment to condition No. 11 for Planning Commission Application No. 85004 in the following form: 11. Special use permit approval acknowledges the presence of one nonresident employee until July 11, 1989 for the purpose of the applicant working toward attaining a shop manager's license from the State Board of Cosmetology. At that time, the application shall be brought back to the City Council for review of the number of hours authorized in condition No. 4. Councilmember Lhotka inquired if it would be possible to amend this motion so that the staff could report back in one year on the applicant's progress. Councilmember Hawes asked why Councilmember Lhotka would like a report. Councilmember Lhotka stated that he feels it would be best if the Council and staff watched the applicant's progress instead of having to amend the time period again in two and one half years. Councilmember Hawes and Councilmember Theis stated that they would be in favor of the amended motion. It was noted that the status report would become part of contition No. 11. The condition would read as follows: 11. Special use permit approval acknowledges the presence of one nonresident employee until July 11, 1989 for the purpose of the applicant working toward attaining a shop manager's license from the State Board of Cosmetology. At that time, the application shall be brought back to the City Council for review of the number of hours authorized in condition No. 4. Within one year, the applicant shall provide the City Council with a status report regarding the number of hours she has completed and the progress she has made toward attaining her shop manager's license. PLANNING COMMISSION APPLICATION NO. 86041 SUBMITTED BY RON KLADT REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A SUN TAN STUDIO AND CONDUCT AEROBIC EXERCISE CLASSES IN THE OFFICE BUILDING AT 6040 EARLE BROWN DRIVE The City Manager noted this item was recommended for approval by the Planning Commission at its November 13, 1986 meeting. The Director of Planning & Inspection referred the Council to pages two and three of the November 13, 1986 Planning Commission minutes and the attached informational sheet with those minutes. He proceeded to review the application and noted that the Planning Commission recommended approval of Application No. 86041 subject to the four 11 -24 -86 -3- conditions listed on page three of the November 13, 1986 Planning Commission minutes. He reviewed the four conditions and noted a public hearing is scheduled for this evening and notices have been posted. Councilmember Hawes inquired if there would be a possibility of the noise from the aerobic classes disturbing the adjoining offices. The Director of Planning & Inspection stated that the aerobic classes would be offered only on a trial basis and that the owner of the property has the right to ask the tenant to discontinue this operation. Councilmember Lhotka inquired if this would actually be two separate businesses. The Director of Planning & Inspection stated that it would not be two separate businesses, but that the applicant may be able to answer Councilmember Lhotka's questions more fully. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86041 submitted by Ron Kladt. Mayor Nyquist recognized Ron Kladt, the applicant, who stated that both operations were part of one business. He stated that he has spoken with the owner of the building regarding a noise or sound problem. He noted that he would be willing to limit the aerobic classes to evenings and weekends if a noise problem did arise. Mayor Nyquist inquired if there was anyone else 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 Application No. 86041 submitted by Ron Kladt. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Application No. 86041 subject to the following conditions: 1. The operation shall be inspected on an annual basis by the City Sanitarian. Any compliance ordinance orders issued by the Sanitarian shall be promptly complied with. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The special use permit is issued to the applicant as operator and is nontransferable. (This condition is not intended to apply to the sale of the existing operation, but to the introduction of an entirely new operation in the same space or to the expansion of some other use requiring special use permit approval). 4. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. Mayor Nyquist inquired of the applicant, if there would be shower facilities on the site. Mr. Kladt stated there would be one restroom and shower available. Upon vote being taken on the foregoing motion, the following voted in favor 11 -24 -86 -4- thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PRIVATE KENNEL LICENSE The City Manager stated that a public hearing had been scheduled for 7:30 p.m. this evening on an application for a private kennel license from Frank and Virginia Antila, 2406 Ericon Drive. Councilmember Lhotka noted that on the application the applicant had stated that he was trying to give some of the cats away. Councilmember Lhotka inquired how long the applicant had been trying to find new homes for these cats. Mr. Antila stated that it had been approximately one year. Councilmember Lhotka inquired why the Antila's had not taken these cats to the Humane Society. Mr. Antila stated that if the animals were not adopted through the Humane Society they would be put to sleep, and that he would prefer to care for them himself than have them put to sleep. Mayor Nyquist opened the meeting for the purpose of a public hearing on an application for a private kennel license from Frank and Virginia Antila, 2406 Ericon Drive. Mayor Nyquist recognized a resident at 2009 Brookview Drive, who stated that she has had several problems with cats in the neighborhood, and wondered what the intention of the kennel license is and the number of animals that would be allowed under the kennel license. Mayor Nyquist stated that a private kennel license is basically an interim solution to allow animal owners a time period in which to remove the excess animals from their property. The resident stated that she did not feel private kennel licenses should be approved for owners who are taking in stray animals. Mayor Nyquist inquired if there was anyone else present in the audience who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on an application for a private kennel license from Frank and Virginia Antila, 2406 Ericon Drive. The motion passed unanimously. The City Attorney returned to the table at 7:48 p.m. Councilmember Lhotka stated that he feels there are too many animals in the household at this point and he would like to see the strays removed. Mrs. Antila stated that the dogs travel to work with her and her husband each day and are not left at home with the cats. She added that the back yard has a large fenced area for the animals and that since the cats are declawed there is no way the cats can get out of the fenced area. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to allow the applicant six months in which to remove the three stray cats from the household and to approve a private kennel license for the remainder of the animals for a two year period. It was noted that if any of the animals pass away in this time period, they cannot be replaced. The motion passed unanimously. DISCUSSION ITEMS 1987 COUNCIL MEETING SCHEDULE 11 -24 -86 -5- The City Manager presented the proposed meeting schedule for 1987, and stated that if the Council has any problem with these dates they did not have to approve the schedule at this time. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the meeting scheduled for 1987 as submitted. The motion passed unanimously. EVEN YEAR ELECTION TRANSITION The City Manager briefly reviewed the three alternatives prepared for the election transition and noted that these are not the only alternatives, but they appear to be the best choices. Mayor Nyquist stated he felt it was important to have two Council terms expiring every two years. Councilmember Theis agreed with Mayor Nyquist's statement. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve alternate No. 3 for the even year election transition. The motion passed unanimously. CONDITION OF SPECIFIED LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve an On -Sale Intoxicating Liquor License Class A for General Mills Restaurant Group (Red Lobster), subject to, the completion of all requirements. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve On -Sale Intoxicating Liquor Licenses Class B for Midwest Restaurant Associates (T. J. Applebee's), Earle Brown Bowl, Green Mill, Ground Round, Brock Hotel Corporation (Holiday Inn), C. A. Muer Corporation (Chuck Muer's), and T. Wrights, subject to the completion of all requirements. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve an On -Sale Intoxicating Liquor License Class C for the Lynbrook Bowl, subject to the completion of all requirements. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve an On -Sale Intoxicating Liquor License Class D for the Ramada Hotel, subject to completion of all requirements. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve On -Sale Sunday Intoxicating Liquor Licenses for Red Lobster, T. J. Applebee's, Earle Brown Bowl, Green Mill, Holiday Inn, Chuck Muer's, Ground Round, Lynbrook Bowl and Ramada Hotel, subject to completion of all requirements. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve an On -Sale Wine License for Denny's, subject to completion of all requirements. The motion passed unanimously. LICENSES The City Manager stated that Councilmember Hawes had requested that the license 11 -24 -86 -6- sheet be removed from the Consent Agenda. Councilmember Hawes stated that under the rental dwelling portion of the license sheet, 1600 Irving Avenue North was listed for a rental dwelling. The Director of Planning & Inspection stated that there had been an error on the license sheet and the address should be 1600 Irving Lane. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the following list of licenses as amended: FOOD ESTABLISHMENT LICENSE Leeann Chin's, Inc. 6050 Shingle Creek Pkwy. GASOLINE SERVICE STATION LICENSE Brooklyn Center Post Office 6848 Lee Avenue N. Brooklyn Center Service 11 76 " 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Avenue N. Davies Water Equipment 4010 Lakebreeze Avenue N. Duke's Standard Service 6501 Humboldt Avenue N. Howe, Inc. 4821 Xerxes Avenue-N. Humboldt Avenue Service 6840 Humboldt Avenue N. Northern States Power 4501 68th Avenue N. Super America Station 1901 57th Avenue N. Total Petroleum, Inc. 6830 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT LICENSE Brookdale Christian Center 6030 Xerxes Avenue N. John Russell /Lions Club 5312 N. Lilac Drive MECHANICAL SYSTEMS LICENSE Twin City Furnace Co., Inc. 459 N. Snelling Avenue PERISHABLE VENDING MACHINE LICENSE Jimmy Jingle 1304 East Lake Street TCR Corporation 1600 67th Avenue N. RENTAL DWELLING LICENSE Initial: Pat or Hal Gensler 5214 Greatview Avenue N. Gregory J. Collins 1600 Irving Lane Stephen and Anita Manders 4938 Zenith Avenue N. Richard T. Stallman 1217 54th Avenue N. Timothy and Wendy Romashko 3300 64th Avenue N. Renewal: Harrington Properties Hi Crest Apartments Kenneth L. Bergstrom Hi -Crest Apartments Gary Lyons Humboldt Courts Lang Nelson Associates Twin Lake North Apartments Eugene Sullivan 5329, 33 Brooklyn Blvd. Eileen F. Sherritt 5235, 37 Drew Avenue N. 11 -24 -86 -7- Arthur and LaVonne Cahill 4715 France Avenue N. Jerry G. Tyson 5137, 39 France Avenue N. Patrick Menth 5302 Fremont Avenue N. Dennis F. Deering 5409 Fremont Avenue N. Robert J. Beugen 7001 Humboldt Avenue N. Gene Anderson 5812 James Avenue N. Mr. and Mrs. John W. Schroeder 5312 Oliver Avenue N. Allan and Vicki Olson 7111 Riverdale Road Duane and Jenny Christiansen 5400 Sailor Lane Gregory M. Ray 3713 Urban Avenue N. Richard R. Dawson 3955 69th Avenue N. Marlyn and Gayle Kruse 2101 71st Avenue N. SIGN HANGER'S LICENSE Arrow Sign Company 18607 Hwy. 65 Northeast The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Quote and Authorizing the Purchase of Safety Equipment for the Police Department. He noted that in the quotation received from Uniforms Unlimited it was stated that there would be no additional charge for extra large sizes. Therefore, the quotation from Uniforms Unlimited is the lowest quotation and recommended for approval. RESOLUTION NO. 86 -192 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF SAFETY EQUIPMENT FOR THE POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Establishing the Date for a Public Hearing on a Proposed Single Family Housing Bond Program Pursuant to Minnesota Statutes, Chapter 462C, Authorizing Publication of Notice Therefor. The HRA Coordinator stated that basically the program is a lottery in which cities can receive money to finance the acquisition or rehabilitation of single family housing by low and moderate income persons and families. He added that the City has applied for this program for the past few years. RESOLUTION NO. 86 -193 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSED SINGLE FAMILY HOUSING BOND PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING PUBLICATION OF NOTICE THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 11 -24 -86 -8- i ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:10 p.m. 2 1-1 1 .2 City Clerk May 11 -24 -86 -9-