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HomeMy WebLinkAbout1988 10-10 CCM Regular Session b3 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 OCTOBER 10, 1988 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 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, City Engineer Bo Spurrier, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Councilmember Lhotka was absent from the meeting. INVOCATION The invocation was offered by Reverend Rick Olson, representing the 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. No requests were made. APPROVAL OF MINUTES - SEPTEMBER 19. 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the September 19, 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 registered land survey No. 1537. The motion passed unanimously. FINAL PLAT APPROVAL - BEISNER RLS There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat of the Beisner RLS. The motion passed unanimously. FINAL PLAT APPROVAL - WHITLEY 2ND ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for Whitley 2nd Addition. The motion passed unanimously. 10 -10 -88 -1- APPOINTMENT OF ELECTION JUDGES FOR 1988 GENERAL ELECTION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the list of election judges for the 1988 general election. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING OCTOBER 16 -22, 1988, AS NATIONAL BUSINESS WOMEN'S WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -163 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -M (REHABILITATION OF WELLHOUSES NO. 5 AND 6, PROJECT 1987 -20) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -164 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -J (1988 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1988 -15) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -165 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO SUPPLEMENTAL AGREEMENT NO. 2 FOR LOGAN AVENUE NORTH RECONSTRUCTION IMPROVEMENT PROJECT NO. 1988 -04 (CONTRACT 1988 -H) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO 88 -166 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 10/10/88) - The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 10 -10 -88 -2- RESOLUTION NO. 88 -167 Member Celia Scott 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 Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE American Amusement Arcades 850 Decatur Ave. N. Bosa Donuts 1912 57th Ave. N. COMMERCIAL KENNEL A Dog's Best Friend 6830 Humboldt Ave. N. Pet Centers, Inc. Brookdale Center FOOD ESTABLISHMENT New Horizon Day Care Center 6625 Humboldt Ave. N. ITINERANT FOOD ESTABLISHMENT Korean Presbyterian Church 6830 Quail Ave. N. Knights of Columbus c/o Bob Kohls 640 Cheryl St. N.E. St. Alphonsus Catholic Church 7025 Halifax Ave. N. The motion passed unanimously. APPROVAL OF MINUTES SEPTEMBER 14 1988 - SPECIAL SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve minutes of the September 14, 1988, meeting. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Retaining a Consultant to Provide a Study of Planning and Land Use Issues Relating to Residential Facilities and to Amend the 1988 General Fund Budget. RESOLUTION NO. 88 -168 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RETAINING A CONSULTANT TO PROVIDE A STUDY OF PLANNING AND LAND USE ISSUES RELATING TO RESIDENTIAL FACILITIES AND TO AMEND THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 10 -10 -88 -3- ORDINANCES The City Manager presented An Ordinance Extending Interim Ordinance No. 87 -16. He noted this item pertains to community based residential facilities and is offered this evening for a first reading. He added this would extend the moratorium to April 1989. Councilmember Theis inquired if there was a limit for the length of extension. The City Attorney stated the moratorium can be extended up to 18 months after the initial moratorium by using as many extensions as the City wishes. He added there must be a legal reason for the extension, in this case the planning study. Councilmember Scott inquired when the studies would be complete. The Director of Planning and Inspection stated staff would like them completed by March 1989. He explained the moratorium was extended until April to allow time for any ordinance amendments if necessary. Councilmember Scott stated she does not feel that will give her enough time to review the results of the study, and she would like another 30 days added on to the moratorium. The City Attorney stated an additional 30 days could be added in March if the deadline were approaching and the Council was not ready to make a decision. There was a motion by Councilmember Theis and seconded by Councilmember Hawes approving for first reading An Ordinance Extending Interim Ordinance No. 87 -16 and setting the public hearing date for November 7, 1988, at 7:30 p.m. The motion passed unanimously. RESOLUTION NO. 88 -170 ` Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXTENDING MORATORIUM ON DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY BASED RESIDENTIAL FACILITIES AND SIMILAR FACILITIES 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 Supporting Amendments to HR -2530 and Urging Withdrawal of the Bill from the Omnibus Parks Bill. He explained a draft of this resolution had been sent to the City by the City of Fridley. He noted the House of Representatives passed the Omnibus Parks Bill without the Durenberger amendment. RESOLUTION NO. 88 -169 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING AMENDMENTS TO HR -2530 AND URGING WITHDRAWAL OF THE BILL FROM THE OMNIBUS PARKS BILL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously.. ORDINANCES (CONTINUED) The City Manager presented An Ordinance Amending Chapter 1 Regarding Animals. He noted this amendment would allow him to waive certain fees in cases where an animal has not been claimed from the City's designated pound after a specified period of time. He added this item is offered this evening for a first reading. 10 -10 -88 -4- There was a motion by Councilmember Scott and seconded by Councilmember Hawes approving for first reading An Ordinance Amending Chapter 1 Regarding Animals and setting a public hearing date for November 7, 1988, at 7:30 p.m. The motion passed unanimously. DISCUSSION ITEM - REHABILITATION WORK ON WELL NO. 8 The Director of Public Works noted for the fourth time in four years an operational problem has developed at well No. 8, which is located at Camden Avenue and Woodbine Lane. He stated this well requires special rehabilitation work in order to assure that the well can serve its function properly. He went on to briefly review the City Engineer's report which detailed the history of the well and described the proposed rehabilitation procedures. He explained the work is being proposed in two separate phases. He noted the estimated cost for phase I would be $9,600, and the estimated cost of phase II would be less than $15,000. He stated staff would be prepared to address the Council at the next meeting with a proposal for the Phase II work. Councilmember Theis inquired what assurances the City has that the soil will not break away from the outside edge of the grout. The Director of Public Works stated the grout adheres to the pipe casing and sinks into the crevices of the sandstone. He noted this well driller is probably the most experienced in Minnesota and has done this procedure numerous times without any reports of failure. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88015 SUBMITTED BY JOHN SCHULTIES REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A TWO -STORY 14,000 So. FT. OFFICE BUILDING AT THE NORTHWEST CORNER OF FREEWAY BOULEVARD AND XERXES AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its September 22, 1988, meeting. The Director of Planning and Inspection stated this application and Planning Commission Application No. 88016 relate to the same property, and he would like to review the two applications together. He noted Planning Commission Application No. 88016 divides the parcel and Planning Commission Application No. 88015 is for the development of the site. He went on to briefly review the site and noted the site plan is on the Shingle Creek Watershed Management agenda for October 13, 1988. He noted the Planning Commission recommended approval of these applications, and their findings can be found on pages four and five of the September 22, 1988, Planning Commission minutes and the attached information sheets. He then went on to review the five conditions recommended for Planning Commission Application No. 88016 and the 15 conditions recommended for Planning Commission Application No. 88015. He explained a public hearing has been scheduled for Planning Commission Application No. 88016. Councilmember Hawes stated he has some concerns with the townhouses facing an open parking lot. He inquired if some sort of screening could be added to the south side of the parking lot. The Director of Planning and Inspection explained there is a higher berm and hedge plantings along the northerly edge of the townhouse development. The City Manager stated it is possible some lower growing trees could be allowed on the boulevard to help screen the parking lot from the townhouses. 10 -10 -88 _5_ Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88016 submitted by Shingle Creek Land Company requesting preliminary plat approval to subdivide into two lots the vacant, Cl zoned parcel of land at the southwest corner of Shingle Creek Parkway and Xerxes Avenue North. He inquired if there was anyone present 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88016. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 88016 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be revised, prior to consideration by the City Council, to indicate a utility and drainage easement at the southeast corner of Lot 1 near Xerxes Avenue North for water and sewer service to Lot 2. 4. The owner of the property shall enter into a subdivision agreement prior to final plat approval to cover at least the following items: a) water hookup charges b) existing and pending special assessments c) necessary storm water detention facilities 5. The drainage plan for the plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 88015 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 10 -10 -88 _6_ 3. 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. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. Plan approval acknowledges general office occupancy of the building. No medical or dental clinics are to be allowed within the building since parking spaces provided do not comprehend this occupancy. 14. The grading and utility plan shall be revised prior to consideration by the City Council to indicate two hydrants to serve the site, one at the northeast corner of the site and one just to the east of the entrance drive. 15. The lighting plan shall be modified before issuance of permits for the project so that it is consistent with Section 35 -712 regarding light intensity and glare. 16. The applicant shall revise the landscape plan to provide decorative trees on the southwesterly portion of the site around the holding pond area. Said trees may extend into the boulevard area and are to be provided to provide a landscape break for the townhouse development 10 -10 -88 -7- from the parking proposed for this site. The motion passed unanimously. SPECIAL DERATION OF RENTAL DWELLING LICENSE FOR 6525 6527 AND 6529 NORTH WILLOW LANE The City Manager briefly explained the problems which the City has encountered at this apartment complex and noted staff is recommending approval of the license with a conditional inspection after one year. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the rental dwelling license for 6525, 6527, and 6529 North Willow Lane with a conditional inspection after one year. The motion passed unanimously. 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 8:24 p.m. A f / ilk City Clerk Ma 10 -10 -88 -8-