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HomeMy WebLinkAbout1986 01-27 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 JANUARY 27, 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 7:03 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 & Inspection Ron Warren, City Attorney Richard Schieffer, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Bruce Erikson of Brooklyn United Methodist Church. 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. The City Manager stated that items 7a and 8a would be removed from this week's agenda and placed on the next meeting agenda because they did not have enough information for the meeting tonight. Councilmember Hawes requested that items 8f and 13 be removed and Councilmember Lhotka requested that item 8e be removed from the Consent Agenda. APPROVAL OF MINUTES - DECEMBER 30, 1985 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of December 30, 1985 as submitted. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PROJECT NO. 1986 -02, CONTRACT 1986 -B (POLICE DEPARTMENT REMODELING - PHASE II) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -14 Member Celia Scott introduced the following resolution and moved its adoption: 1 -27 -86 -1- RESOLUTION ESTABLISHING REVISED BID OPENING DATE FOR PROJECT NO. 1985 -23, CONTRACT 1986 -C (CENTERBROOK GOLF COURSE) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -15 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 33,000 GVW CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -16 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) FOUR -WHEEL UTILITY VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Y The City Manager presented a Resolution Establishing Assessment Rates for Street Reconstruction Projects in 1986. Councilmember Theis noted that he felt the $1,200 assessment rate a conservative figure and that he feels an 8% increase is a good I step. Councilmember Lhotka asked if we can justify $1,300 why can't the City justify $1,600 for assessment rates. The City Manager stated it is hard to pinpoint at what point the cost will be tested in the courts. Councilmember Lhotka then asked why when a new street is constructed we can assess 100% but we cannot assess for each repair. The Director of Public Works stated that it is possible to do an annual repair assessment but that this would not stand up in court. He also noted that it would be very costly to handle the assessment this way. Councilmember Hawes questioned whether you could assess the value of a street according to the value of the house. The City Attorney stated that Minnesota Statutes will not allow the City to assess according to the market value of the home. Councilmember Scott stated that before the reconstruction on Lyndale Avenue North there were several properties for sale. The same properties have had appraisals done after the improvements to Lyndale and the appraisals have been exactly the same as before the improvements. RESOLUTION NO. 86 -17 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET RECONSTRUCTION PROJECTS DURING 1986 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Councilmember Lhotka voted against the motion. 1 -27 -86 -2- Councilmember Theis asked about the possibility of bonding for these type of improvements. The City Manager stated that the staff will put together a written report and forward it on to the Council. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86001 SUBMITTED BY UHDE /NELSON REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PARCEL OF LAND WHICH IS THE SITE OF THE 7100 CORPORATE PLAZA OFFICE DEVELOPMENT AT 7100 BROOKLYN BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its January 16, 1986 meeting. The Director of Planning & Inspection reviewed the Planning Commission minutes from the January 16, 1986 meeting, stating the Planning Commission did recommend approval of the application. He noted that the property in question had been replatted in the spring of 1985 into one parcel. He stated that the applicant proposes to divide the parcel into an east and a west lot. He noted that the second lot (or the east lot) would become landlocked and would require an easement agreement. There was some discussion as to the method in which an easement agreement could be taken off the title on the piece of property. The City Attorney stated that a covenant could be written which would require both parties to agree to the removal of the easement agreement. Councilmember Lhotka questioned whether the City would have to be consulted as to the removal of the easement. The City Attorney stated that if the City wants to prevent the removal of the easement without the City Council's consent it should be put into a covenant agreement. The Director of Planning & Inspection stated that the City should consider this because without the easement the east lot would be landlocked. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 86001. He inquired if there was anyone present who wished to speak at the public hearing. The applicant, Dave Nelson, stated that he doubted that the easement would ever be taken off. Councilmember Lhotka asked the applicant if he would have a problem with the language suggested for the covenant agreement. The applicant replied that he saw no problem with the language. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on Application No. 86001 submitted by Uhde /Nelson. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Application No. 86001 subject to the following conditions and to include the change in language for condition No. 3: 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. An easement agreement to provide access to Lot 2 across Lot 1 of the proposed plat shall be approved by the City Attorney and filed with the plat at the County. Said agreement shall be an encumbrance against the property and shall not be removed from the property unless authorized by the City Council. 1 -27 -86 -3- 4. A utility asement shall all be indicated on the preliminary plat for all common utilities prior to release of the final plat for filing. 5. Site and building plans for the second phase of the office complex shall be revised to provide for a minimum 10' sideyard setback along the west property line (other setback requirements assumed to be met). The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving and Authorizing Execution of Subdivision Agreement for Dee Welty Addition. He noted that this property was included in a resolution for tax forfeited land at the last Council meeting. RESOLUTION NO. 86 -18 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF SUBDIVISION AGREEMENT FOR DEE WELTY ADDITION 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 Bid and Awarding Contract for Four (4) Four -Door Police Patrol Sedans. Councilmember Hawes asked why Brookdale Ford's proposal was not accepted. The City Manager explained that the proposal submitted by Brookdale Ford was for rear -wheel drive vehicles and that the specifications called for front -wheel drive vehicles. RESOLUTION NO. 86 -19 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FOUR (4) FOUR -DOOR POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Councilmember Lhotka voted against the motion. The City Manager presented a Resolution Amending the 1986 General Fund Budget. He explained that this resolution would approve the purchase of a display booth like the one that was used for the All- America Cities display in Cincinnati. He also noted that the display ooth would et its most heavy use in the next t Y 6 0 12 months g Y , but that staff felt that it would be a useful item in the years to come. RESOLUTION NO. 86 -20 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 1 -27 -86 -4- i Councilmember Lhotka asked how the display booth would have been used in the past. The City Manager explained that the display booth could easily have been used at open houses at the community center, at the Kaleidoscope event which is held every other year and at the different trade fairs at Brookdale Center. Mayor Nyquist noted that he had an item to place before the Council that had not been on the agenda. He noted that the Housing Commission is lacking a chairman at this time and that he has received a recommendation for that position. There was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Ken Felger as the Chairman for the Housing Commission. The motion passed unanimously. The City Manager explained that there were two other items that had not been on the agenda that should be discussed this evening. He stated the first was a resolution from the City Attorney confirming Ordinance No. 84 -06 and authorizing conveyance. He noted that this resolution was before the Council at the request of the City Attorney to facilitate the conveyance of the stated property. RESOLUTION NO. 86 -21 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CONFIRMING ORDINANCE 84 -06 AND AUTHORIZING CONVEYANCE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager stated that the second item before the Council this evening came from the State Gambling Council. The Gambling Council had contacted the City asking whether the City Council wished to waive the 30-day waiting period for the Lions Club gambling license. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to waive the 30-day waiting period for the Lions Club gambling license. The motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs. He stated this item was first read on December 30, 1985, published in the City's official newspaper on January 9, 1986 and January 16, 1986, and is offered this evening for a second reading. He added this item requires a 4/5 vote by the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs. Mayor Nyquist recognized Carol Kleven, 5835 Zenith Avenue North, who stated she was pleased with the Council's response to the first reading and very happy with their vote and that she is fully satisfied with the amendment. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs. The motion passed unanimously. 1 -27 -86 -5- There was a motion by Councilmember Hawes and seconded by Councilmember Scott to amend Chapters 34 and 35 Regarding Rummage Sale Signs. Councilmember Lhotka asked what the allowed size of the on -site sign is. The Director of Planning & Inspection noted that the allowed size is 2 1/2 square feet. 4 Councilmember Theis asked the reason for the differentiation of sizes between on- site signs and off -site signs. The Director of Planning & Inspection stated that the staff is trying for uniformity throughout the sign ordinance. He noted that there are limitations for where off -site signs can be placed; that they cannot resemble stop signs or other government installed signs; and that the ordinance does not allow for attention attractors such as balloons. Councilmember Theis asked Ms. Kleven to address the 2 112 square foot size on off - site signs. Ms. Kleven stated that she feels a 2 112 square foot sign is too small and is a hazard for drivers. Councilmember Hawes asked what the size for political signs is. The Director of Planning & Inspection stated that they can be 16 square feet. The Director of Planning & Inspection asked if the City can tolerate a 10 square foot sign for six to twelve months for the sale of property, can it tolerate a 10 square foot sign for one or two days during a garage sale. Councilmember Lhotka noted that currently the ordinance allows for a 2 1/2 square foot real estate sign and that occasionally there are signs which exceed this limit. He also noted that there is no way the City can assure that the 10 square foot limit will not be exceeded for rummage sale signs. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table the motion. Voting in favor: Councilmembers Theis and Lhotka. Voting against: Mayor Nyquist, Councilmembers Scott and Hawes. The motion failed. The Mayor asked for a roll call vote on the first motion amending the ordinance. Voting in favor: Mayor Nyquist, Councilmembers Scott and Hawes. Voting against: Councilmembers Lhotka and Theis. The motion failed. The City Manager introduced An Ordinance Vacating An Easement in Lot 2, Block 2, Thomas Construction Company 2nd Addition, Hennepin County, Minnesota. He noted this item was first read on December 30, 1985, published in the City's official newspaper on January 9, 1986 and January 16, 1986, and is offered this evening for a second reading. He noted this item requires a 4/5 vote by the Council. The Director of Public Works reviewed a transparency showing the location of the easement. He noted that the staff recommends approval of this item. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating an Easement in Lot 2, Block 2, Thomas Construction Company 2nd Addition, Hennepin County, Minnesota, and 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 Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Vacating an Easement in Lot 2, Block 2, Thomas Construction Company 2nd Addition, Hennepin County, Minnesota. The motion passed unanimously. 1 -27 -86 -6- I ORDINANCE 86 -01 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING AN EASEMENT IN LOT 2, BLOCK 2, THOMAS CONSTRUCTION COMPANY 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager introduced An Ordinance Amending Chapter 34 Regarding Wall Signs for Enclosed Shopping Malls. He stated this item was first read on December 30, 1985, published in the City's official newspaper on January 9, 1986 and January 16, 1986 and is offered this evening for a second reading. He noted this item requires a 4/5 vote by the Council. Councilmember Lhotka asked if this amendment is more restrictive than the past ordinance. The Director of Planning & Inspection stated that it was more restrictive and that it restricted the size of the sign to 10 of the wall area. He noted that this only affects enclosed shopping areas such as Brookdale and Westbrook Mall. Councilmember Lhotka asked if the staff is happy with this ordinance amendment. The Director of Planning & Inspection stated that this amendment is fine because it addresses the problem with Arby's sign. He stated that right now the City is issuing administrative land use permits for the sign and that this cannot go on forever. Councilmember Lhotka asked how large the sign is that is up at Arby's now. The City Manager stated that it is 15 square feet. He also noted that no one has exercised the current ordinance allowance of 300 of the wall area. Councilmember Hawes asked if this would affect Brookdale Square. The Director of Planning & Inspection stated that it would not because Brookdale Square is not an enclosed mall. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 Regarding Wall Signs for Enclosed Shopping Malls, and 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 Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 34 Regarding Wall Signs for Enclosed Shopping Malls. The motion passed unanimously. ORDINANCE NO. 86 -02 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 REGARDING WALL SIGNS FOR ENCLOSED SHOPPING MALLS The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 8 :55 P.m. DISCUSSION ITEMS 1 -27 -86 -7- YEAR 2000 REPORT The City Manager reviewed M&C No. 86 -01 regarding the Year 2000 Report and stated that he plans to present preliminary reviews by the preset dates. The City Manager went on to review the specific dates and projects. Councilmember Theis asked if this schedule could be arranged in due date order. The ,City Manager replied that he would have that done. PAYMENT OF ONE SEWER BACKUP CLAIM The City Manager referred the Council to the information prepared by the Director of Finance regarding the sewer backup claim. Councilmember Hawes stated that he is not in favor of this procedure and asked if a majority vote is required. The City Manager stated that three out of five must vote in favor of the claim. There was a motion by Councilmember Theis and seconded by Councilmember Scott to pay the one sewer backup claim. Voting in favor: Mayor Nyquist, Councilmembers Scott and Theis. Voting against: Councilmembers Hawes and Lhotka. The motion passed. AGREEMENT BETWEEN THE CITY AND EARLE BROWN DAYS, INC. The Director of Finance stated that there is no written confirmation of insurance at this time but that it has been promised. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the agreement between the City and Earle Brown Days, Inc. contingent upon the written confirmation of insurance. The motion passed unanimously. UMBRELLA INSURANCE QUOTATION The City Manager referred the Council to the information prepared by the Director of Finance. He stated that staff feels the premiums are too high for the amount of coverage which the City would receive. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to concur with the staff's recommendation to reject the Umbrella Insurance quotation. The motion passed unanimously. CONSIDERATION OF ON -SALE NONINTOXICATING LIQUOR LICENSE FOR SHOWBIZ PIZZA The City Manager referred the Council to a memorandum prepared by the Police Department with regard to an On -Sale Nonintoxicating Liquor License for ShowBiz Pizza. Councilmember Scott asked whether the outstanding warrant noted in the police report has been satisfied, and the City Manager responded affirmatively. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the on -sale nonintoxicating liquor license for ShowBiz Pizza. The motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: I CATERING FOOD VEHICLE LICENSE Green Mill Restaurant 5540 Brooklyn Blvd. 1 -27 -86 -8- CIGARETTE LICENSE Delaney Vending 1999 Palace Ave. Green Mill 5540 Brooklyn Blvd. Jimmy Jingle 1304 E. Lake St. Palmer Lake Plaza 6860 Shingle Cr. Pkwy. Snyder Brothers Drug Brookdale Center ITINERANT FOOD ESTABLISHMENT LICENSE Boy Scout Troop #299 8100 Georgia Court MECHANICAL SYSTEMS LICENSE Swenson Heating 6700 West Broadway NONPERISHABLE VENDING MACHINE LICENSE Bill's Vending Service 7317 West Broadway Brooklyn Center Getty 62 Brooklyn Blvd. Bro- Midwest Vending 8850 Wentworth Ave. S. Christy's Auto 5300 Dupont Ave. N. Country Club Market 5715 Morgan Ave. N. Dale Tile Co. 1 4825 France Ave. N. D.L. Service Co. 2516 83rd Ave. N. Lowell's Auto 6211 Brooklyn Blvd. Evergreen Park Elementary 7020 Dupont Ave. N. Iten Leasing 1 4301 68th Ave. N. Jimmy Jingle 130 E. Lake St. Palmer Lake Plaza 6860 Shingle Cr. Pkwy- N.S.P. 1 4501 68th Ave. N. Precision, Inc. 3 1 48th Ave. N. Red Owl Stores /Country Store 3600 63rd Ave. N. Theisen Vending 380 Nicollet Ave. Thrifty Scot 64 James Circle Bill West Union 76 2000 57th Ave. N. Twin City Vending 1065 E. Highway 36 Earle Brown Farm Ind. 6100 Summit Drive First Western Bank 6200 Shingle Cr. Pkwy. Group Health 6845 Lee Ave. N. Sears Brookdale Center Woodside Enterprises 11889 65th Ave. N. Brooklyn Center City Hall 6301 Shingle Cr. Pkwy. PERISHABLE VENDING MACHINE LICENSE Jimmy Jingle 1304 E. Lake Str. Palmer Lake Plaza 6860 Shingle Cr. Pkwy. Twin City Vending 1065 E. Highway 36 Earle Brown Farm Ind. 6100 Summit Dr. Sears Brookdale Center RENTAL DWELLING LICENSE Mr. & Mrs. Dabrowski 5001 Ewing Ave. N. Michael & Jane Danielson 4216 Lakebreeze Ave. N. Bertil E. Anderson 4207 Lakeside Ave. N. #336 SPECIAL FOOD HANDLING LICENSE Fanny Farmer Candies Brookdale Center 1 -27 -86 -9- Ideal Drug Store 6800 Humboldt Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Norden Inc. Brookdale Center ' The motion passed unanimously. Councilmember Hawes asked the staff to check into a possible ordinance violation at the northeast corner of 50th and Ewing. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting adjourned at 9:12 p.m. e e City Clerk Mayo 1 -27 -86 -10-