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HomeMy WebLinkAbout1986 02-24 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 k REGULAR SESSION ` FEBRUARY 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 7:05 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, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Director of Recreation Arnie Mavis, City Attorney Richard Schieffer, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Tom Brock of Hope Lutheran Church. OPEN FORUM Mayor Nyquist recognized Mr. Craig Ruschmeyer, Field Representative to Senator Rudy Boschwitz. Mr. Ruschmeyer explained that he is here this evening to discuss upcoming legislation and answer any questions that the City Council may have. A brief discussion then ensued relative to the Tax Reform Act of 1985 (H.R. 3838) and the City Manager noted that he had passed out a draft of a resolution and a letter regarding H.R. 3838. He stated he would like the Council to review these items and recommended that action be taken at the March 10, 1986 City Council meeting. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Lhotka requested that items 6b, 10f, and 10j be removed from the Consent Agenda. APPROVAL OF MINUTES - JANUARY 27, 1986 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the City Council meeting of January 27, 1986 as submitted. The motion passed unanimously. FINAL PLAT APPROVAL, PANAYOTOFF ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the final plat of the Panayotoff Addition. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -28 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID 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 Rich Theis, and the motion passed unanimously. 2 -24 -86 -1- RESOLUTION NO. 86 -29 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR DELIVERY OF ONE (1) FOUR -WHEEL UTILITY VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: CIGARETTE LICENSE Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber 1700 67th Ave. N. MECHANICAL SYSTEMS LICENSE Alta Mechanical & Electrical P.O. Box 545 Binder & Son, Inc. 120 E. Butler Ave. NONPERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Open Systems 2700 Freeway Blvd. Beach Homeowners Association 4207 Lakeside Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Canteen Company 6200 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Cr. Pkwy. Medtronies 6700 Shingle Cr. Pkwy. Chuck's Q. 1505 69th Ave. N. Coca Cola Bottling 1189 Eagan Ind. Rd. Firestone 5445 Xerxes Ave. N. Cook Paint 4800 N. Lilac Dr. Earle Brown Bowl 6440 James Circle J.R. Vending 5312 Perry Ave. N. Brooklyn Law Office 5637 Brooklyn Blvd. Jimmy Jingle 1304 E. Lake Street Brookdale Corp. Center 6300 Shingle Cr. Pkwy. Brookdale Corp. Center II 6200 Shngle Cr. Pkwy. Johnson Control 1801 67th Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Major Vending 6440 Major Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Malmborg's Inc. 5120 N. Lilac Dr. Royal Crown Beverage Co. P.O. Box 43466 American Bakeries 4215 69th Ave. N. Ansari Abrasives 4811 Dusharme Dr. Denne's Market 6912 Brooklyn Blvd. Eye Works 5900 Shingle Cr. Pkwy. Holiday Inn 1501 Freeway Blvd. Industrial Metal Fab. 2255 49th Ave. 2 -24 -86 -2- Kruger Galleries 6045 Brooklyn Blvd. Lutheran Church of the Waster 1200 69th Ave. N. Marksman Metal 6801 Shingle Cr. Pkwy. Northport Elementary 5421 Brooklyn Blvd. North Star Dodge 6800 Brooklyn Blvd. Poly Optics 6800 Shingle Cr. Pkwy. Red Owl Country Store 3600 63rd Ave. N. Twin Lake North Apts. 4539 58th Ave. N. PERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Budgetel Inn 6415 James Circle Canteen Company 6300 Penn Ave. S. FMC 1800 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. M.T.C. 6845 Shingle Cr. Pkwy. Medtronics 6700 Shingle Cr. Pkwy. Jimmy Jingle 1304 E. Lake Street Brookdale Corp. Center 6300 Shingle Cr. Pkwy. Brookdale Corp. Center II 6200 Shingle Cr. Pkwy. READILY PERISHABLE FOOD VEHICLE LICENSE Ted Burlingame 5919 June Ave. N. RENTAL DWELLING LICENSE Lanny & Judith Berke 5018 Ewing Ave. N. James & Agatha Eckman 5350 Irving Ave. N. Kristin Norstad 4201 Lakeside Ave. #103 Marvin & Joan Stavig 4201 Lakeside Ave. #205 John & Elizabeth Hass 4201 Lakeside Ave. #306 Daniel & Nadia Graskow 4201 Lakeside Ave. #310 Thomas Theisen 4201 Lakeside Ave. #321 Renewal: Garden City Court Garden City Court Apts. Invespro V Limited Partnership Unicorn Apts. R. Willwerscheid, F. Robbins, J. M. Rafter 6331, 6401 & 6425 Beard Ave. Lance & Debra Bennett 5327 Colfax Ave. N. Leo Vogel 1513 Humboldt Place M & J Properties 1537 Humboldt Place M & J Properties 1543 Humboldt Place Dennis & Eunice Temple 4201 Lakeside Ave. #108 Molitor & Associates 4201 Lakeside Ave. #218 K & S Investments 4207 Lakeside Ave. #233 Residential Alternatives, Inc. 5449 Lyndale Ave. N. Molitor & Associates 6900 Toledo Ave. N. John M. Guider 5115 E. Twin Lake Blvd. Gladys Schwartz 4006 65th Ave. N. John DeVries 2931 67th Lane 2 -24 -86 -3- SPECIAL FOOD HANDLING LICENSE Fun Services, Inc. 3615 50th Ave. N. Maid of Scandinavia Co. Westbrook Mall Betty Varcoe Holiday Inn Gift Shop TAXI CAB LICENSE Blue & White Cab Co. 2404 Sheridan Ave. N. Town Taxi 2812 University Ave. SE Yellow Taxi Service 127 1st Ave. NE The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 10, 1986 - REGULAR SESSION Councilmember Lhotka stated that he felt the comments made by Councilmember Theis regarding the Diseased Shade Tree Removal Project should be added to the minutes of the February 10, 1986 City Council meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of February 10, 1986 as corrected. The motion passed unanimously. The City Manager stated that Mr. Bill Fignar had requested that the Crime Prevention Report for 1985 be tabled until the next Council meeting. MAYORAL APPOINTMENT - HUMAN RIGHTS COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Ms. Lorna Seburg to the Human Rights Commission. The motion passed unanimously. PERFORMANCE BOND RELEASE FOR EARLE BROWN FARM ESTATES - JOHN DEVRIES There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the performance bond release for Earle Brown Estates subject to the two conditions outlined in the memorandum from the Director of Planning & Inspection. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract for Installation of a Water Utility Control System. He noted that staff is asking the Council to defer the bid award because of the difference between Killmer Electric and Collins Electric. The Director of Public Works went on to explain the advantages of installing a utility control system and the potential to cut the payback period to ten years. He noted that the cost of installing a new well and pump would greatly exceed the cost of this monitoring system. Councilmember Theis asked if there would still be a need to have someone on standby duty. The Director of Public Works responded affirmatively but noted that the checks would not have to be made as frequently. Councilmember Lhotka asked on a scale of one to ten, with one being highest, where the Director of Public Works would place this project. The Director of Public Works stated that he would give this project a one as being the highest priority to improve the system's performance. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table the Resolution Accepting Bid and Awarding Contract for Installation of a Water Utility Control System until the next meeting so that staff can review the bids more closely. 2 -24 -86 -4- The City Manager reviewed his M&C relative to the golf course option. He noted that the golf course option is the most feasible and that this park would be paying for its own maintenance and operation. He further noted that staff would like to discuss all resolutions pertaining to the golf course before any votes were taken. Councilmember Scott asked if staff believes there will be more soil work needed in the area. The Director of Public Works stated that by requiring the contractors to make a lump sum bid the City is asking the contractors to take the risks not the City itself. He added that staff is quite confident that there should be no more work needed on the soil. The City Manager stated that the Resolution Approving Limited Use Permit from MN /DOT for Use of Properties at Centerbrook Golf Course should be tabled until the next meeting when staff should have the limited use permit from MN /DOT. The Director of Public Works reviewed the Resolution Approving Amendment to Contract with Brauer & Associates Limited for the Design and Construction Administration of the Centerbrook Golf Course. He noted that the increase was due to the soil problems found on -site and the additional work that was needed to satisfy the needs of the Watershed Commission. He went on to review the bidding procedure and noted that in the beginning the City had planned to bid all work under one contract but now it is staff's opinion that it would be best to have one contract for the construction of the golf course and one contract for the construction of the clubhouse and other buildings. Councilmember Hawes asked about the great difference between Shafer's bid and the bids from the other contractors. The City Manager stated that each contractor adds their profits into one or two items instead of an equal division. He noted that Shafer admitted he may have underestimated in some areas but that the difference will most likely be made up. The City Manager noted that this is a firm bid and that the contractors cannot exceed the bid price. Councilmember Hawes asked if the contractors would be able to shortcut somewhere else to get past the extra cost. The City Manager stated that staff does not expect any problems. RESOLUTION NO. 86 -30 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE (PROJECT NO. 1985 -23, CONTRACT 1986 -C) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -31 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT TO CONTRACT WITH BRAUER AND ASSOCIATES, LTD. FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE CENTERBROOK GOLF COURSE (PROJECT NO. 1985 -23) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 2 -24 -86 _5_ RESOLUTION NO. 86 -32 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AGREEMENT WITH BRAUN ENGINEERING TESTING, INC. FOR CONSTRUCTION OBSERVATIONS AND TESTING SERVICES 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 Gene Lhotka, and the motion passed unanimously. The City Manager noted that the Resolution Approving Limited Use Permit from MN /DOT for Use of Properties at Centerbrook Golf Course would be tabled until the next meeting. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86005 SUBMITTED BY STEPHEN COOK REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE ZONING ORDINANCE TO ALLOW CONSTRUCTION OF A TWO- FAMILY DWELLING ON TWO COMBINED PARCELS OF LAND THAT TOGETHER ARE DEFICIENT IN REQUIRED LAND AREA The City Manager noted this item was recommended for approval by the Planning Commission at its February 13, 1986 meeting. The Director of Planning & Inspection referred the Council to pages one through four of the February 13, 1986 Planning Commission minutes and the attached informational sheet on Application No. 86005 attached with those minutes. He proceeded to review the application and noted that the deficiency is 290 square feet or approximately 2.34 %. He added that the Planning Commission did recommend approval of Application No. 86005 subject to the property being combined into a single parcel through platting or registered land survey. The Director of Planning & Inspection stated that there were many people present at the February 13, 1986 Planning Commission meeting who objected to the duplex because of the negative impact it may have on the other sites in the area which are larger. The Director of Planning & Inspection stated that the Planning Commission does not normally ask for site and building plan approval for one and two family residences. Councilmember Lhotka asked about the required setbacks. The Director of Planning & Inspection stated the front setback would be 35' and the side setback would be 10' , noting the exception that it could be less than 10' but no closer than 5' provided it is 10' on the other side and that there are no doors or windows on the 5' side. Councilmember Hawes asked about the width of the lots to the north of the proposed site. The Director of Planning & Inspection stated that these lots are between 100' and 110' in width. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86005 submitted by Stephen Cook requesting a variance from Section 35 -400 of the Zoning Ordinance to allow construction of a two - family dwelling on two combined parcels of land that together are deficient in required land area. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Ms. Vivian Hedlund, 5316, 20 Russell Avenue North, who stated that she is concerned that the proposed lot is much smaller than the other duplex lots in the area. She added that her lot is 117' wide. 2 -24 -86 -6- Mayor Nyquist recognized Mr. Alonzo Ellenwood, 5300 Russell Avenue North, who asked what the setbacks are. The Director of Planning & Inspection explained the setback policy. Mr. Ellenwood then stated that he felt the lots should be left as they are. Mayor Nyquist then recognized Mr. Lewis Hedlund, 5316, 20 Russell Avenue North, who stated both the owners to the north and south object to the proposed lot and the owner to the east also objects. He stated that there are three single- family homes around the proposed lot and that the proposed lot is smaller than any of the other duplex lots in the area. He stated he was concerned with the fact that the building would be very close to the property lines. Mayor Nyquist then recognized Mr. Robert Hansen who is the owner of the property. Mr. Hansen stated he felt the variance should be granted. Mayor Nyquist then recognized Mr. Stephen Cook, the applicant, who stated that this would be an owner occuppied duplex with one side being rented. Mr. Cook noted that he felt with the apartments across the street and duplexes on most of the block he felt his property would be devalued if he built a single - family home. Councilmember Scott asked Mr. Cook what the width of his building would be. Mr. Cook stated the width is 66' and the depth is 70' to 77'. Councilmember Hawes asked if the duplex would be two or three bedrooms. Mr. Cook stated they would be three bedroom units with the bedrooms above the garage area. Councilmember Hawes asked if the units would be similar to those on Brooklyn Boulevard. Mr. Cook stated that they would be similar to the units on Brooklyn Boulevard but they would be cut down in size. Mayor Nyquist recognized Mrs. Vincent Hall who stated that she lives directly behind the proposed site. She stated that she has no objections to this building. Mayor Nyquist asked if there was anyone else present at the meeting this evening 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 Lhotka to close the public hearing on Planning Commission Application No. 86005 submitted by Stephen Cook. The motion passed unanimously. There was a motion by Councilmember Lhotka to approve Planning Commission Application No. 86005 with the condition that site and building plans be brought back to the Council for approval. The City Attorney stated that the City has the right to attach certain conditions on the size to protect the health, safety and welfare of the neighborhood, but that if the site and building plans meet code the plans must be approved. The Director of Planning & Inspection noted that the platting must come before the Council. Councilmember Lhotka agreed to rephrase his motion. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 86005 submitted by Stephen Cook requesting a variance from Section 35-400 of the Zoning Ordinance to allow construction of a two - family dwelling on two combined parcels of land that together are deficient in required land area, subject to the following conditions: 1. The property in question shall be combined into a single parcel through platting or registered land survey, said plat or R.L.S. to be filed at the County prior to the issuance of a building permit. 2 -24 -86 -7- 2. The site and building plans are to be brought back to the City Council for the purpose of adding such conditions as are necessary to protect the health, safety and welfare of the neighborhood. The motion passed unanimously. The Director of Planning & Inspection asked if the Council would like the Planning Commission to also review the site plan. Councilmember Lhotka responded affirmatively. The Director of Planning & Inspection stated that the applicant had requested indefinite tabling of Planning Commission Application No. 86006. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table Planning Commission Application No. 86006 indefinitely. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:30 p.m. and reconvened at 8:44 p.m. RESOLUTIONS (CONTINUED) RESOLUTION NO. 86 -33 Member Gene — L oERE the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT 1986 -E (RECONDITIONING OF WATER TOWER NO. 3 - LOCATED SOUTH OF T. H. 100, WESTERLY OF LIONS PARK, PROJECT NO. 1985-28) 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 Establishing Project, Accepting City Engineer's Report and Approving Plans and Specifications for Project No. 1985 -27 and 1986 -07, Contract 1986 -G (Geometric Improvements and Resurfacing of Shingle Creek Parkway from C.S.A.H. 10 to 194 -694) . He noted that in order to conform to the requirements of the bonding laws the City was required to separate this resolution into two separate projects. RESOLUTION NO. 86 -34 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING CITY ENGINEER'S REPORT AND APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO. 1985 -27 AND 1986 -07, CONTRACT 1986 -G 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 Relating to Commercial Development Revenue Bonds (Brookdale Three Limited Partnerships Project); Authorizing the Execution of a First Supplemental Indenture of Trust and Certain Other Documents. He noted that this resolution refers to phase one of the Ryan office building adjacent to the Earle Brown Farm buildings. He stated that this resolution establishes a final funding location for the bonds. 2 -24 -86 -8- RESOLUTION NO. 86 -35 Member Rich Theis introduced the following resolution and moved its adoption: 1 RESOLUTION RELATING TO COMMERCIAL DEVELOPMENT REVENUE BONDS (BROOKDALE THREE LIMITED PARTNERSHIP PROJECT); AUTHORIZING THE EXECUTION OF A FIRST SUPPLEMENTAL INDENTURE OF TRUST AND CERTAIN OTHER DOCUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed. Councilmember Lhotka voted against the motion. ORDINANCES The City Manager introduced An Ordinance Vacating Part of the Right -of -Way of Logan Avenue North Along Lot 6, Block 2, Northbrook Center Addition. The City Manager stated this ordinance is offered for a first reading this evening. Councilmember Lhotka asked exactly where the area is located. The Director of Public Works reviewed a transparency pointing out the three inch wide strip of land where the building projects into the street right -of -way. Councilmember Theis asked how long the strip of land was. The Director of Public Works stated it is between 250' and 300'. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Vacating Part of the Right -of -Way of Logan Avenue North Along Lot 6, Block 2, Northbrook Center Addition and set the public hearing date on the ordinance for March 6, 1986 at 8:00 p.m. The motion passed unanimously. DISCUSSION ITEM REPORT ON SIZE OF REAL ESTATE SIGNS The Director of Planning & Inspection briefly summarized the written report submitted to the Council. He noted that the most common size of on -site real estate sign is 6 sq. feet. He stated that the most common off -site size is 3 sq. feet, which exceeds the size allowed by current ordinance. The Director of Planning & Inspection stated that it had been recommended that a 10 sq. foot size sign be allowed for both on and off -site. Councilmember Theis asked what the current limitation for size is on off -site signs for rummage sales. The Director of Planning & Inspection stated there is no limitation on size but on the placement of signs. He noted that the signs must be placed on private property, must have the owner's consent, and only four sales per year are allowed. The Director of Planning & Inspection stated that currently the maximum size for on- site real estate signs is 10 sq. ft. He added that the most common size found was 6 sq. ft. He stated that the current size for off -site real estate signs allowed under the ordinance is 2.5 sq. ft. He added that the most common off -site sign found was 3 sq. ft. Councilmember Theis stated he would like off -site garage sale signs to be 3 sq. ft. Councilmember Lhotka stated he would like to see both on -site real estate and garage sale signs reduced to 6 sq. ft. The City Manager recommended that the staff bring back a revised ordinance amendment. The Director of Planning & Inspection stated it would be roughly 45 days from the first reading before the ordinance would be in effect. Councilmember Theis asked 2 -24 -86 -9- if there was a possibility of a first reading tonight on garage sale signs and a first reading for real estate signs at a later date. Councilmember Lhotka asked why Councilmember Theis would like the first reading this evening. Councilmember Theis stated he felt it would be more convenient for the people that were here this evening. He then asked what the advantage or disadvantage was to having two separate readings. The Director of Planning & Inspection stated that if the City uses only one ordinance amendment there would only be one publication date. Councilmember Lhotka stated he does not want pennants, balloons and streamers included in the ordinance. Councilmember Theis asked the residents in the audience when they would use banners and balloons. The resident stated she would never use them all at one time but that she would use common sense. The City Manager stated that if the Council wishes to change the section regarding pennants, streamers and balloons it could be done at the first or second reading. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:06 p.m. City Clerk r y 2 -24 -86 -10-