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HomeMy WebLinkAbout1988 10-24 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 OCTOBER 24, 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 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Corrine Heine, City Engineer Bo Spurrier, EDA Coordinator Brad Hoffman, 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 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. g a. Councilmember Hawes requested item No. 13 be removed from the consent agenda. FINAL PLAT APPROVAL - EARLE BROWN FARM ESTATES SIXTH ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for Earle Brown Farm Estates Sixth Addition. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 88 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -23, ACCEPTING PROPOSAL AND APPROVING CONTRACT (WELL RECONDITIONING, WELL NO. 8) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 10/24/88 -1- PRESENTATION - HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT The City Manager introduced George Bowlin, representing the Hennepin County Community Health Department. Mr. Bowlin went on to briefly review the services that are offered by his department. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:23 p.m. and reconvened at 7:25 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 88012 SUBMITTED BY DEAN ARNOTT REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A PSYCHOLOGICAL COUNSELING BUSINESS IN THE BASEMENT OF THE RESIDENCE AT 3313 O'HENRY ROAD The City Manager noted this item was recommended for approval by the Planning Commission at its September 8, 1988, meeting. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of September 8, 1988, pages four through six. He briefly reviewed the application and the six conditions recommended for approval by the Planning Commission. He added a public hearing is scheduled for this evening and all notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88012 submitted by Dean Arnott requesting special use permit approval to conduct a psychological counseling business in the basement of the residence at 3313 O'Henry Road. 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. 88012. The motion passed unanimously. Councilmember Lhotka inquired why the applicant was operating this type of business in his home versus general office space. Mr. Arnott stated he just recently finished schooling in this field, and he does not have the clientele to support general office space. Councilmember Hawes stated he was concerned with - the hours of operation. He stated he felt it would be possible that the counseling sessions could run past 9 p.m. if they started at 8 p.m. He stated he would like to make the hours of operation 8 a.m. to 8 p.m. Mr. Arnott stated this would be possible. Councilmember Hawes inquired if the applicant would continue to use the home office after he has leased regular office space. Mr. Arnott said he may continue to use his home office after leasing other space. He noted he will be operating the business Monday through Friday, and there will be no group counseling aside from families. Councilmember Scott stated she would like to recommend approval of this application with certain changes to the conditions. Those being the hours of operation would be 8 a.m. to 8 p.m. and that staff should review this home occupation in one year and report back to the Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Planning Commission Application No. 88012 subject to the following conditions: 10/24/88 -2- 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. The hours of operation shall be from 8 a.m. to 8 p.m. Services shall be rendered on an appointment only basis. 4. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 5. The counseling area shall be inspected by the Building Official prior to issuance of the special use permit. The applicant shall comply with any recommendations of the Building Official prior to issuance of the permit. 6. Any separate entrance to the lower level shall be constructed with appropriate permits. The City does not acknowledge by the approval of such a permit the creation of a second dwelling unit within the premises 7. The staff shall report back to the City Council within one year regarding the status of this application. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 88017 SUBMITTED BY RONALD SCHNOOR REQUESTING SPECIAL USE PERMIT APPROVAL TO RENT TRUCKS AT THE BROOKLYN SERVICE CENTER AT 6901 BROOKLYN BOULEVARD The City Manager ger noted this item was recommended for approval b the Planning PP y g Commission at its September p 22, 1988, meeting. The Director of Planning and Inspection directed the Council to pages one through three of the September 22, 1988, Planning Commission minutes. He explained approval of this application would allow the applicant to store and rent up to eight trucks on his site. He noted in 1968 trailer rental and storage was approved. He went on to review the five conditions recommended for approval by the Planning Commission. Councilmember Scott inquired who would monitor the number of vehicles that are kept on this site. The Director of Planning and Inspection responded staff would monitor this site, and violations could result in a number of different actions. Councilmember Lhotka stated he felt eight vehicles is too many to be stored on this site. Councilmember Hawes noted in the photographs the trash containers are not screened from view. He stated he would like to see the screening of the trash container as one of the conditions for this permit. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88017 submitted by Ronald Schnoor requesting special use permit approval to rent trucks at the Brooklyn Service Center at 6901 Brooklyn Boulevard. 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. .10/24/88 -3- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88017. The motion passed unanimously. A discussion then ensued regarding the different size vehicles which would be parked on site and the number of each size. Councilmember Theis stated he would not like to see eight 22' trucks parked on the site, and he would like to impose a limitation on the number of 22' vehicles. Councilmember Theis stated he believed there should be no more than four vehicles in excess of 20' with no more than eight vehicles total on site. Councilmember Lhotka stated he felt Councilmember Theis was being much too generous and there should be no more than two vehicles 20' with a total of six vehicles on site. Councilmember Hawes added he would like to see screening of the dumpster as one of the conditions. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 88017 subject to the following conditions: 1. Special use permit approval of Application No. 88017 supercedes approval of Application No. 68060. Both trucks and trailers may be stored and rented at the site. However, the total of both trucks and trailers shall not exceed eight (8) in number. 2. Parking of vehicles longer than 20' in length is prohibited in the spaces closest to the access drives serving the site and immediately north of the building. . g 3. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 4. Special use permit approval is for truck or trailer storage and rental. No other special use permits are approved by this action. 5. The property owner shall repair and maintain the screen fence along the residentially zoned property in an appropriate manner and provide the necessary maintenance to contain pea rock on the applicant's property. 6. Approval of this application authorizes the parking of no more than four trucks over 20' in length on the site at any one time. 7. The applicant shall provide appropriate opaque screening for the dumpster so that it is properly screened from view. The motion passed with Councilmember Lhotka opposed. ORDINANCES AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES AND 10/24/88 -4- AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES BY DECLARING THE PARKING OF CERTAIN VEHICLES IN RESIDENTIAL ZONING DISTRICTS A PUBLIC NUISANCE AND AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS INVOLVING THE PARKING OF CERTAIN VEHICLES The City Manager noted the first two ordinances were first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and were offered for a second reading on August 8, 1988. He noted the public hearings were opened on August 8, 1988, tabled to the September 19, 1988, meeting and then tabled indefinitely. He stated the first ordinance requires a four - fifths vote by the Council. He noted the third ordinance is offered this evening for a first reading. He explained staff has recently been advised that state law has been modified so as to make some of the proposed ordinance revisions regarding the parking of commercial vehicles in residential zones ineffective and perhaps, inoperable. He noted state law has been changed to allow persons to designate their desired vehicle classification rather than for particular vehicles to be classified uniformly in the various weight classifications. He stated if the Council is so inclined to approve the second ordinance, then they must also approve the first ordinance. The Director of Planning and Inspection briefly reviewed slides of different size trucks and their weights. The City Manager stated if the Council can describe the size limit they wish to enforce then staff will investigate it. Councilmember Lhotka stated he would like to see staff investigate an ordinance amendment using the height and length of a vehicle. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Retidential Zoning Districts a Public Nuisance. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny for first reading n Ordinance Amending Chapter 35 0 g f the Cit g P y Ordinances Regarding Requirements for Special Home Occupations Involving the Parking of Certain Vehicles. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:13 p.m. The City Manager stated the Mayor had to leave the meeting for another commitment and Mayor Pro tem Hawes would reconvene the meeting. RESOLUTIONS The City Manager presented a Resolution Establishing Water System Improvement Project No. 1988 -22, Accepting Proposal and Approving Contract (Well 10/24/88 -5- Reconditioning, Well Nos. 2 and 3). He noted well No. 2 is located at Brooklyn Boulevard and 63rd Avenue North, and well No. 3 is located at 69th Avenue North and Dupont Avenue North. RESOLUTION NO. 88 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -22, ACCEPTING PROPOSAL AND APPROVING CONTRACT (WELL RECONDITIONING, WELL NOS. 2 AND 3) 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 Appropriating Funds and Authorizing Purchase of Computer Aided Drafting (CAD) Work Station. He noted the money for this work station would be taken from the utility fund. Councilmember Theis asked what exactly the Ultimap system can do for the City. The Director of Public Works briefly explained the capabilities of the Ultimap system and noted 40% of the time it would be creating construction plans and 60% of the time it would be, drawing and producing maps. The City Engineer noted there would be approximately a two year conversion period for utility, traffic, and signage information. He noted based on Minneapolis and Maple Grove's experience it would take approximately 250 to 375 hours to put the water system into Ultimap. Councilmember Theis inquired exactly -how long before the system was up and running in- house. The City Engineer stated it would be approximately two months. Councilmember Theis stated if this is approved he would like to see a report on what staff expects to be completed by the end of 1989. The Director of Public Works stated staff has specific goals set and would be happy to share them with the Council. RESOLUTION NO. 88 -173 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS AND AUTHORIZING PURCHASE OF COMPUTER AIDED DRAFTING (CAD) WORK STATION ' 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 Amending the 1988 General Fund Budget and Authorizing the Contribution of $2,000 to the Association of Metropolitan Municipalities. He explained the Association of Metropolitan Municipalities has requested a contribution for computer data update and proposal development. He stated it is imperative the City update this information and gets it to the lobbyist to protect the City's best interest. RESOLUTION NO. 88 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET AND AUTHORIZING THE CONTRIBUTION OF $2,000 TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES 10/24/88 -6- 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 Authorizing the City of Brooklyn Center to Act as Contractor for a Grant and Authorizing the City Manager to Execute an Agreement. He noted the City would be acting as contractor for a crime prevention grant from the Department of Public Safety. RESOLUTION NO. 88 -175 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS CONTRACTOR FOR A GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT 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 Accepting Proposal to Construct Sidewalk on West Side of Humboldt Avenue North from 69th Avenue North to Approximately 180 Feet South (Project No. 1988 -17). The Director of Public Works stated both the property owner and leasee have indicated their willingness to approve the easement and have stated the executed easement will be delivered to the City in the next few days. He noted the resolution for approval is contingent upon receiving these easements. RESOLUTION N0. 88 -176 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO CONSTRUCT SIDEWALK ON WEST SIDE OF HUMBOLDT AVENUE NORTH FROM 69TH AVENUE NORTH TO APPROXIMATELY 180 FEET SOUTH (PROJECT NO. 1988 -17) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEM MNDOT FUNDING FOR TURNBACK IMPROVEMENTS TO WEST RIVER ROAD (OLD T H 252) FROM 66TH AVENUE NORTH TO 73RD AVENUE NORTH The Director of Public Works stated MNDOT has advised his office that funds are available for completion of this work. He noted money has been budgeted for similar improvements to a segment of West River Road in Brooklyn Park. He stated MNDOT has requested that the cities hire consultants to develop these plans and specifications with MNDOT providing reimbursement for its share of these costs. He added he would recommend that the consultant selection process be initiated as soon as possible in close cooperation with MNDOT and the City of Brooklyn Park. 10/24/88 -7- There was a motion by Councilmember Scott and seconded by Councilmember Theis to proceed with the consultant selection process. The motion passed unanimously. LICENSES Councilmember Hawes stated staff has already answered his questions regarding the license sheet. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT Boy Scouts /Rick Hartman 8028 Morgan Circle Brooklyn Center Lioness 5324 Oliver Ave. N. Brooklyn Center Lions Club 5907 Halifax Ave. N. Brooklyn United Methodist Church 7200 Brooklyn Blvd. Harmonettes /JoAnne Williams 3165 Carriage Dr. MECHANICAL SYSTEMS Energy Heating Services, Inc. Route 3, Box 170A Kleve Heating & Air Conditioning, Inc. 13075 Pioneer Trail Larson Mechanical 1509 Coon Rapids Blvd. Marsh Heating & Air Conditioning 6248 Lakeland Ave. N. Total Energy HVAC 8455 Center Drive N.E. RENTAL DWELLINGS Initial: Eugene Hanauska 6538 Brooklyn Blvd. ELR Systems, Inc. /Bob Kelly 7137 France Ave. N. Renewal: Lang Nelson Assoc. Twin Lake North Apartments Paul Hinck 4715 France Ave. N. Khalid Mahmud 5843 Fremont Ave. N. Timothy & Karen Pfingsten 6706 Grimes Ave. N. Delores Hanson 7210 Perry Court E. Delbert P. Burce 4741 Twin Lake Ave. Mrs Paul Enge 4748 Twin Lake Ave. Marlyn & Gale Kruse se 2101 71st Ave. N. Victor & Jean Huang 3813 72nd Ave. N. SIGN HANGER Top Line Outdoor Advertising 1493 94th Ln. N.E. The motion passed unanimously. OTHER BUSINESS Councilmember Lhotka stated he has not been able to attend the Ramsey County LRT meetings. He would like to pass this obligation on to anyone else who is available. 10/24/88 -8- ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:13 p.m. City Clerk Mayor i 10/24/88 -9-