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HomeMy WebLinkAbout1988 03-28 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 MARCH 28, 1988 CONSTITUTION 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. i F ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Theis. 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 Hawes requested item 14 be removed from the consent agenda. APPROVAL OF MINUTES - MARCH 14 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the March 14, 1988, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Hawes to release the performance bond for Zantigo Restaurant, 5532 Brooklyn Boulevard. The motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for Hamm's 2nd Addition. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -46 Member Celia Scott introduced the following resolution and moved its adoption: 3 -28 -88 -1- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REROOFING AND INSULATION OF THE CITY GARAGE (IMPROVEMENT PROJECT NO. 1988 -03, CONTRACT 1988 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -47 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR LOGAN AVENUE IMPROVEMENT PROJECT NO. 1988 -04, FRANCE AVENUE STREET IMPROVEMENT PROJECT NO. 1988 -05, LAKEBREEZE AVENUE IMPROVEMENT PROJECT NO. 1988- 06, AND 50TH AVENUE IMPROVEMENT PROJECT NO. 1988 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -48 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -49 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR THE REROOFING OF GRANDVIEW PARK SHELTER BUILDING The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. PROCLAMATIONS Member Gene Lhotka introduced the ^ following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 1, THROUGH MAY 10, 1988, AS NAACP MEMBERSHIP DAYS The motion for the adoption of the foregoing proclamation was duly seconded by member Rich Theis, and the motion passed unanimously. Member Bill Hawes introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 10 -16, 1988, AS THE WEEK OF THE YOUNG CHILD The motion for the adoption of the foregoing proclamation was duly seconded by member Celia Scott, and the motion passed unanimously. 3 -28 -88 -2- Member Rich Theis introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 23, 1988, AS A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events. He noted this amendment will allow for the licensing of Park and Recreation facilities and events. He added this item is offered this evening for a first reading. Councilmember Lhotka inquired if the nonintoxicating licenses would actually be issued to the City. The City Manager responded affirmatively. The Finance Director stated the City will be the responsible party named on the license, but the City can contract the work out to civic organizations. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events and setting a public hearing date for April 25, 1988, at 7:30 P.M. The motion passed unanimously. DISCUSSION ITEM JOINT CITY /SCHOOL DISTRICT MEETING The City Manager noted the joint City /School District meeting has been scheduled for April 4, 1988. He noted there have been some concerns raised regarding holding this meeting the day after Easter. He inquired if the Council would object to rescheduling this meeting with the school district. There was a general consensus among Councilmembers to direct the City Manager to try and reschedule the joint meeting with the school district. LICENSES Councilmember Hawes inquired if the food license for the Que Viet Restaurant is actually ready for approval. The City Manager stated the health department has had two or three sessions with the owners and much progress has been made. He noted the health department feels this operation is now under control. There was a motion by Councilmember Hawes and seconded by Councilmember Scott approving the following list of licenses: BULK VENDOR Brooklyn Center Lions 7131 Knox Ave. N. Curtis Products 2516 Dodds Avenue Peterson Vending 1709 Hickory Hill CIGARETTE Ala -Carte Vending Systems, Inc. 2550 Kasota Avenue Modern Control 6820 Shingle Creek Pkwy. 3 -28 -88 -3- FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Berean Evangelical Free Church 6625 Humboldt Ave. N. Bridgeman's 1272 Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Brook Park Baptist 4801 63rd Ave. N. Brookdale Unocal 5710 Xerxes Ave. N. Burger King 6110 Brooklyn Blvd. Centerbrook Golf Course 5500 N. Lilac Drive Chuck Wagon Inn 5720 Morgan Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. Ground Round, Inc. 2545 County Road 10 Holiday Inn 2200 Freeway Blvd. House of Hui's Restaurant 6800 Humboldt Ave. N. Little Brooklyn 6219 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 N. Lilac Drive McDonald's 5525 Xerxes Ave. N. Mui Li Wan, Inc. 6800 Shingle Creek Pkwy. Northwest Residence 4408 69th Ave. N. Num Num. Foods, Inc. Brookdale Snack Bar Perkins Restaurant 5915 John Martin Drive Red Lobster Restaurant 7235 Brooklyn Blvd. Super America 6545 West River Road Super America 1901 57th Avenue N. Taco Bell 5532 Brooklyn Blvd. Thrifty Scot Motel 6445 James Circle Village House (Que Viet) 6100 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. MECHANICAL SYSTEMS Able Mechanical Services 8701 Hillswick Trail Air Conditioning Associates, Inc. 689 Pierce Butler Route Air Corp, Inc. 2525 Nevada Ave. N American Burner Service 601 North Prior Ave. Blaine Heating, Air Cond. & Elect. 13562 Central Ave. NE Care Heating & Air Cond. 1211 Old Highway 8 Louis DeGidio, Inc. 6501 Cedar Ave. S. Dependable Heating & Air Cond. 2619 Coon Rapids Blvd. Ditter, Inc. 820 Tower Drive 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. Golden Valley Heating & Air Cond. 5182 West Broadway J. K. Heating Company 2050 White Bear Avenue Maple Grove Heating & A/C 8870 Zealand Ave. N. Midwestern Mechanical Corp. 9103 Davenport St. NE Modern Heating & Air Cond. 2318 First St. NE Noel's Heating & Air Cond. 4920 Zachary Lane Northeast Sheet Metal, Inc. 4347 Central Ave. NE Owens Services Corporation 930 East 80th Street Pete's Repair, Inc. 2610 Lowry Ave. N. 3 -28 -88 -4- Pfiffner Heating & Air Cond. 6301 Welcome Ave. N. Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Standard Heating and Air Cond. 410 West Lake St. Superior Contractors, Inc. 6121 42nd Ave. N. Yale, Inc. - 9649 Girard Ave. S. NONPERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Health One 2810 County Road 10 Modern Control 6820 Shingle Creek Pkwy. PERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Modern Control 6820 Shingle Creek Pkwy. RENTAL DWELLINGS Initial: John & Lynda Peterson 4109 70th Ave. N. Renewal: Redevco Marvin Garden Townhomes Howard & Harriet Oien 5801 Brooklyn Blvd. Sharon M. Fratzke 4201 Lakeside Ave. N. #208 Residential Alternatives, Inc. 5449 Lyndale Ave. N. David W. Zemke 6813 Noble Ave. N. Reuben & Diane Ristrom 6821 Noble Ave. N. Robert Berglund 6835 Noble Ave. N. Curtis Erickson 4809, 11 Twin Lake Ave. Dr. John Lescault 3507 62nd Ave. N. Lee Marwede 4700, 02 68th Ave. N. SIGN HANGER Arrow Sign Company 18607 Highway 65 NE Lawrence Signs, Inc. 945 Pierce Butler Route LeRoy Signs, Inc. 6325 Welcome Ave. N. Midway Sign Company, Inc. 44 North Prior Ave. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SWIMMING POOL Brookside Manor Apartments 1300 67th Ave. N. Brookwood Estates 6201 N. Lilac Drive Fun Services 3701 50th Ave. N. Moorwood Homeowners Association 5809 Lake Curve Lane Riverwood Townhomes Association 6626 Camden Drive N. Twin Lake North Apartments 4536 58th Ave. N. The motion passed unanimously. MAYORAL APPOINTMENT - HOUSING COMMISSION There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint Reynold Johnson to the Brooklyn Center Housing Commission. The motion passed unanimously. 3 -28 -88 _5_ The City Manager noted the Finance Director received the quotations for insurance for on -sale liquor liability coverage for the Centerbrook Municipal Golf Course. He noted staff is recommending approval of this resolution. RESOLUTION NO. 88 -50 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:15 p.m. and reconvened at 7:23 p.m. Mayor Nyquist noted the remaining item on the agenda is the public hearing regarding Bill Kelly House. He noted this item is scheduled for 8 p.m. and stated the City Council would take a recess until 8 p.m. The Brooklyn Center City Council reconvened at 8:02 p.m. PUBLIC HEARING -BILL KELLY HOUSE Mayor Nyquist inquired if the City Manager had any comments regarding the public hearing. The City Manager stated staff has received information from the Bill Kelly House and other miscellaneous communications. He noted all of this information has been provided to the City Council. He noted there are three courses of action the City Council could take this evening, the first being to affirm the current permit. The second course of action would be to revoke the current permit; and the third course of action would be to place the applicant under the moratorium. He added three resolutions have been prepared for this evening's meeting to coincide with the three options before the Council. Mayor Nyquist stated this public hearing had been kept open to allow time for a response from the representatives of the Bill Kelly House and the citizens' group. He inquired if a representative of Bill Kelly House or the citizens' group had any comments. Mayor Nyquist recognized Ms. Susan Lentz, attorney for the Bill Kelly House, who stated she had not received a copy of the response from the citizens' group. The City Manager stated there was no further response from the citizens' group other than the initial information discussed on February 16, 1988. Ms. Lentz also inquired if the letter from Allyson Ashley, from the State Department of Human Services, had been distributed to the Council. Mayor Nyquist stated this letter had been made part of the package for this evening's meeting. Mayor Nyquist inquired if there was anyone else present who wished to speak, there being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing regarding the application for a special use permit for Bill Kelly House. The motion passed unanimously. 3 -28 -88 -6- CORRECTION Council - member Theis stated this has been a long, drawn out process for this application, but a decision must be made. He stated he would like to move approval of the resolution rescinding approval of a special use permit for the Bill Kelly House residential treatment facility. He noted this resolution would place the application under the current moratorium. Councilmember Hawes stated he would second this motion. Councilmember Lhotka inquired of the City Attorney if, under any of the three options, does the decision have to be based upon new information. The City Attorney stated the decision can be based upon all information that was considered throughout the process. Councilmember Lhotka inquired of Councilmember Theis upon what basis his motion was made. Councilmember Theis stated he does not feel the Bill Kelly House has proved the facility will not be detrimental to the neighborhood or the property values of the homes in the area. Councilmember Lhotka stated he agrees with Councilmember Theis in that this process has gone on for a long time, and a decision must be made. He noted after reviewing all items he believes the "new" evidence had actually been considered in the beginning. He stated there have been a number of studies cited, and all except one come to the same conclusion. He stated he is not convinced that he can change his vote. Councilmember Hawes stated he agrees with Councilmember Theis and does not believe this facility will enhance the neighborhood. He stated he feels the City Council must represent the people of Brooklyn Center. Councilmember Theis stated he feels the time period stated by the moratorium will give the City time to gather information and reevaluate this application. He noted the time will be well spent evaluating the current ordinance structure and having studies completed. Councilmember Lhotka reminded the Councilmembers of the time and deliberation taken before the initial approval of this permit. He stated he would like every Councilmember to take their responsibility very seriously regarding this matter. Councilmember Scott stated she has had several concerns regarding this proposed facility and noted the applicant has not convinced her the use will not be detrimental to the neighborhood. She added she feels the facility will not meet the needs of the mentally ill or the neighborhood. RESOLUTION NO. 88 -51 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RESCINDING THE APPROVAL OF A SPECIAL USE PERMIT FOR THE BILL KELLY HOUSE RESIDENTIAL TREATMENT FACILITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:23 p.m. ok Y-Aj2 City Clerk t Ma 3 -28 -88 -7-