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HomeMy WebLinkAbout1986 03-10 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 10, 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 7:04 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, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Councilmember Gene Lhotka was absent from this evening's meeting. INVOCATION The invocation was offered by Father Nugent of St. Alphonsus Catholic Church. OPEN FORUM Mayor Nyquist noted that 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, and no requests were made. RESOLUTIONS RESOLUTION NO. 86 -36 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR TWO (2) 72 -INCH LAWN MOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -37 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -G (XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, "and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: 3 -10 -86 -1- CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. LaBelles 5925 Earle Brown Dr. Minnesota Vikings Food Service, Inc. 5200 W. 74th St. State Farm 5930 Shingle Cr. Pkwy. Pipeseller Brookdale Center FOOD ESTABLISHMENT LICENSE Fa Robbins Brookdale Center Bosa International 3219 N. 1st Ave. Bosa Donuts 1912 57th Ave. N. Brook Park Baptist 4801 63rd Ave. N. Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brooklyn Center Athletic Boosters 6500 Humboldt Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Canteen Corporation of MN 6300 Penn Ave. S. Medtronics 6700 Shingle Cr. Pkwy. CEAP 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Davanni's 937 Summit Drive Earle Brown Elementary School 5900 Humboldt Ave. N. Evergreen Park School 7020 Dupont Ave. N. Garden City School 3501 65th Ave. N. Holiday Inn 1501 Freeway Blvd. Chuck Muer's 2101 Freeway Blvd. Northbrook Alliance Church 6240 Aldrich Ave. N. Northwest Residence 4408 69th Ave. N. Orchard Lane School 6201 Noble Ave. N. J. C. Penney Brookdale Center Price Candies Brookdale Center Sears, Roebuck & Co. Brookdale Center Willow Lane School 7020 Perry Ave. N. GARBAGE AND REFUSE HAULERS LICENSE Block Sanitation 6741 79th Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Harmonettes 6301 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Construction Mechanical Services 1301 Sylvan St. NONPERISHABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. Bob Ryan Olds 6700 Brooklyn Blvd. Earle Brown Farm Apartments 1701 69th Ave. N. Minnesota Vikings Food Service 5200 W. 74th St. State Farm 5930 Shingle Cr. Pkwy. Riviera Tanning 6040 Earle Brown Dr. PERISHABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. 3 -10 -86 -2- LaBelles 5925 Earle Brown Dr. Bob Ryan Olds 6700 Brooklyn Blvd. Schmitt Music 3400 Freeway Blvd. Minnesota Vikings Food Service 5200 W. 74th St. State Farm 5930 Shingle Cr. Pkwy. Twin City Vending 1065 E. Highway 36 First Western Bank 6200 Shingle Cr. Pkwy. SIGN HANGERS LICENSE Nordquist Sign Company 312 W. Lake St. SPECIAL FOOD HANDLING Fanny Farmer Candies Brookdale Center The motion passed unanimously. 1985 CRIME PREVENTION REPORT Mayor Nyquist introduced former Councilmember Bill Fignar and stated Mr. Fignar is present this evening to review the 1985 Crime Prevention Report. Mr. Fignar briefly reviewed the Crime Prevention Report for 1985 and went on to explain some of the Crime Prevention Committee's activities. He noted that in the past Crime Prevention has participated in Kaleidoscope; held tours of the police department with outside agencies participating; and held walk -a -thons to raise funds. He stated that the committee has a $25,000 goal in order to be self- sufficient. He noted that the committee will be involved in the Dudley softball tournaments this summer and should be able to raise $5,000 to $6,000. He added that the committee is confident that if they participate in the Dudley tournament each year they should reach their goal very easily. Councilmember Theis asked how many rewards had been given out in the past four years. Mr. Fignar stated that no more than ten had been given out and that at least half of these rewards have been repaid with a donation. He noted that there are 14 volunteer organizations represented on the Crime Prevention Board. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Rejecting All Bids for Installation of a Water Utility Control System, Directing the Revision of Specifications Therefor, and Authorizing Advertisement for New Bids (Project No. 1985 -19, Contract 1986 -D)- He stated that after careful review and consideration of the bids submitted, staff felt it would be best to rebid the project. RESOLUTION NO. 86 -38 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REJECTING ALL BIDS FOR INSTALLATION OF A WATER UTILITY CONTROL SYSTEM, DIRECTING THE REVISION OF SPECIFICATIONS THEREFOR, AND AUTHORIZING ADVERTISEMENT FOR NEW BIDS (PROJECT NO. 1985 -19, CONTRACT 1986 -D) 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 Diseased Shade Tree Removal Project No. 1986 -04 (Contract 1986 -F). He went on to briefly review the memorandum prepared by the Engineering Department and stated 3 -10 -86 -3- that staff is confident the best contractor has been chosen. Councilmember Theis stated that he disagrees with the award process for this contract. RESOLUTION NO. 86 -39 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR DISEASED SHADE TREE REMOVAL PROJECT NO. 1986 -04 (CONTRACT 1986 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Councilmember Theis voted against. The City Manager presented a Resolution Accepting Proposal and Approving Contract for Installation of H.V.A.C. Improvements at West Fire Station /Liquor Store No. 2 (Project No. 1985 -25). RESOLUTION NO. 86 -40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND APPROVING CONTRACT FOR INSTALLATION OF H.V.A.C. IMPROVEMENTS AT WEST FIRE STATION /LIQUOR STORE NO. 2 (PROJECT NO. 1985 -25) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Regarding Off -Site Gambling Licenses. He noted that this resolution confirms the policy which was approved by the City Council on January 13, 1986. Councilmember Theis asked if the Council had approved a 12 month period. The City Manager responded affirmatively. Councilmember Theis asked if any other groups had applied for this license. The City Manager stated that the Jaycees have applied and that staff is in the process of denying the license due to the policy approved on January 13, 1986. Councilmember Theis stated he felt the City has created a monopoly. RESOLUTION NO. 86 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING OFF -SITE GAMBLING LICENSES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed. Councilmember Theis voted against. ORDINANCE The City Manager introduced An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs. He explained the ordinance is offered for a first reading this evening and that the ordinance contains all the changes discussed by the Council at the February 24, 1986 Council meeting. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapters 34 and 35 Regarding Rummage Sale Signs and Real Estate Signs and to set the public hearing date on the ordinance for April 7, 1986 at 8:00 p.m. The motion passed. PROCLAMATION Mayor Nyquist noted that the fourth grade Camp Fire group from St. Alphonsus school was present this evening. 3 -10 -86 -4- Councilmember Scott introduced the following proclamation and moved its adoption: DECLARING MARCH 16 - 22, 1986 AS CAMP FIRE BIRTHDAY WEEK The motion for the adoption of the foregoing proclamation was duly seconded by Councilmember Hawes, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:29 p.m. and reconvened at 7: p.m. PLANNING COMMISSION ITEMkS PLANNING COMMISSION APPLICATION NO. 85032 SUBMITTED BY ARBY'S REQUESTING A VARIANCE FROM SECTION - 3T- - 1 0, SUBSECTION 3.a.1.b. OF THE SIG14 ORDINANCE TO ALLOW A TENANT IDENTIFI ATION WALL SIGN ON THE ANOPY ABTVE THE NORTHWEST ENTRANCE TO BROOKDALE MALL AND NOT ON THE EXTERIOR WALL SPACE OF THE ARBY'S TENANTS SPACE The City Manager noted thhis was tabled indefinitely at the November 4, 1985 City Council meeting and is now before the Council to acknowledge withdrawal of the application. He stated that the variance is no longer required due to an ordinance amendment passed on January 27, 1986. There was a motion by Councilmember Scott and seconded by Councilmember Theis to acknowledge withdrawal of Planning Commission Application No. 85032 submitted by Arby's. The motion passed. PLANNING COMMISSION APPLICATION NOS. 85038 AND 85039 SUBMITTED BY ROBERT SCHELL REQUESTING SITE AND BUILDING PLAN AND VARIANCE APPROVAL TO EXPAND THE DENTAL LINI AT 412 66TH AVENUE NORTH The City Manager noted the Planning Commission recommended approval of the site and building plan at its February 27, 1986 meeting. He added the variance was recommended for denial on the basis of a finding that excess right -of -way exists to the east of the clinic and that there is no hardship in providing the required 15' greenstrip. The Director of Planning & Inspection referred the Council to pages one through three of the February 27, 1986 Planning Commission minutes and the attached informational sheet on Application Nos. 85038 and 85039 attached with those minutes. He proceeded to review the application and noted that the Planning Commission recommended approval of Application No. 85038 subject to the eight conditions which can be found on page three of the February 27, 1986 Planning Commission minutes. He added the Planning Commission recommended denial of Application No. 85039 on the basis that there is no hardship in providing the required 15' greenstrip along 66th Avenue North. The Director of Planning & Inspection stated that a public hearing is scheduled, notices have been sent, and a representative of the applicant is present at this evening's meeting. Councilmember Hawes asked if there were enough parking spaces for the addition. The Director of Planning & Inspection stated that there would be more spaces than required by ordinance. Mayor Nyquist asked if any land on the east side of the lot was being taken by MN /DOT. The Director of Planning & Inspection stated that there was no land being taken on the east side and that the lot line would remain the same. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 85038 and 85039 submitted by Robert Schell requesting site and building plan and variance approval to expand the dental clinic at 412 66th 3 -10 -86 -5- 66th Avenue North. Mayor Nyquist inquired if there was anyone present in the audience 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 Planning Commission Application Nos. 85038 and 85039 submitted by Robert Schell. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Planning Commission Application No. 85038 submitted by Robert Schell requesting site and building plan approval to expand the dental clinic at 412 66th Avenue North, 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. 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 to assure the completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition 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, including the additional greenstrip to be provided adjacent to 66th Avenue North. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The plans shall be modified prior to the issuance of permits to indicate a 15' greenstrip adjacent to 66th Avenue North. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to concur with the Planning Commission's recommendation to deny Planning Commission Application No. 85039 on the basis of a finding that the excess right -of -way exists to the east of the clinic and that there is no hardship in providing the required 15' greenstrip. The motion passed. 3 -10 -86 -6- PLANNING COMMISSION APPLICATION NO. 86007 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE THE LAND SURROUNDING THE EARLE BROWN FARM SITE The City Manager noted this item was recommended for approval by the Planning Commission at its February 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages three and four of the February 27, 1986 Planning Commission minutes aad the attached informational sheet on Application No. 86007 attached with those minutes. He proceeded to review the application and noted that the Planning Commission recommended approval of Application No. 86007 subject to the four conditions listed on page four of the February 27, 1986 Planning Commission minutes. He reviewed the four conditions and noted a public hearing is scheduled for this evening and notices have been posted. He noted that the two ponds shown on the plans are on the agenda for the Shingle Creek Watershed Management Commission this coming week. Councilmember Hawes asked if the Watershed Commission has the final say in this matter. The Director of Public Works stated that the Watershed Commission can only make decisions regarding the ponds. Councilmember Hawes asked who from the City of Brooklyn Center serves on this commission. The Director of Public Works stated that he does serve on the commission and that there are nine representatives on the commission, one from each City. The City Manager stated that one of the concerns in the Year 2000 Report was the possibility of flooding from construction in upstream cities. The Director of Public Works briefly reviewed the Watershed Commission and some of their basic regulations. There was a lengthy discussion regarding the Watershed Commission and their recommendations for or against the ponds. Councilmember Theis stated that the more stringent the regulations are from the Watershed Commission the better off Brooklyn Center will be. The Director of Public Works stated that the runoff from this area would naturally drain into Shingle Creek, but that because of the storm sewer system on Shingle Creek Parkway it would run into the Mississippi River. He added that if the storm sewer is full the overflow would run west to Shingle Creek. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86007 submitted by the City of Brooklyn Center requesting preliminary plat approval to resubdivide the land surrounding the Earle Brown Farm site. Mayor Nyquist inquired if there was anyone present in the audience 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. 86007 submitted by the City of Brooklyn Center. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 86007 submitted by the City of Brooklyn Center requesting preliminary plat approval to resubdivide the land surrounding the Earle Brown Farm site, 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 -10 -86 -7- 3. The following easements shall be indicated on the preliminary plat prior to final plat approval: a. A utility easement for sanitary and storm sewer through Lot 4. b. Storm water retention areas for ponding of runoff. c. Easements for cross access to lots within the plat. 4. The plan for grading, water retention and water quality for the entire plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. The motion passed. PROCLAMATON Councilmember Hawes introduced the following proclamation and moved its adoption: DECLARING APRIL 6 - 12, 1986 AS PEACEMAKER WEEK The motion for the adoption of the foregoing proclamation was duly seconded by Councilmember Scott, and the motion passed unanimously. Councilmember Theis stated that the noise reduction project for the Council Chambers did not seem to work. The Director of Public Works stated that the first stage in noise reduction is finished and that it has not substantially reduced the problem in the Council Chambers. However, the project has been very successful in the Quiet Room. The City Manager stated that staff is looking at other alternatives. OTHER BUSINESS The City Manager directed the Council to the Action Alerts that were included in their Council packets. He stated that Housing Coordinator Brad Hoffman was present this evening to discuss some of these items. The Housing Coordinator stated that H.F. 2467 deals with tax increment financing in Minnesota and that there are some significant changes being proposed. He noted that tax increment financing has been used with the Brookwood Project and the Earle Brown Farm. He added that industrial revenue bonds are becoming a thing of the past but that housing revenue bonds are the new development tool. The Housing Coordinator stated that the three changes with the most effect would be to limit the amount of the Tax Increment Financing District to 10% of the assessed value of the City; to limit the total amount of a bond issue to 7 112% of the total assessed value of the City; and that the Tax Increment District could not be used to finance public improvements which could be assessed. The City Manager stated that tax increment financing is the only tool left available to cities and that the Legislature keeps imposing stricter regulations on this type of financing. He added that the City would like to have the Council's permission to contact the Legislature regarding these bills. The Housing Coordinator then briefly reviewed H.F. 2442 which is a bill contemplating a Hennepin County Housing Redevelopment Authority. The City Manager 3 -10 -86 -8- stated that there really is no need for this program and that staff is not aware of any other suburb supporting this program. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to give authority to the staff to approach the Legislature to oppose the parts of these I� bills which the City disagrees with. ADJOURNMENT There was a motion bpi Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed. The Brooklyn Center City Council adjourned at 8:58 p.m. a City Clerk Mayor 3 -10 -86 -9-