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HomeMy WebLinkAbout1985 03-11 CCM Regular Session i 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 11, 1985 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, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren City Attorney Richard chieff r n n n y y S e Fire Chief Ron Boman, > > g Coordinator Brad Hoffman, and Deputy City Clerk Tom Bublitz. INVOCATION The invocation was offered by Pastor Gil Maple. 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 requested that item 7a be removed from the agenda and consideration be deferred until the next Council meeting. Councilmember Theis requested item 7b removed from the Consent Agenda. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE LICENSE Delaney Vending 1999 Palace Ave. Green Mill 5540 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale Mobil 5710 Xerxes Ave. N. Brooklyn Center American Legion 4307 70th Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Community Emergency Assistant Program 7231 Brooklyn Blvd, Country Club Market 5715 Morgan Ave. N. Davanni's 5937 Summit Drive Donut Delight 6838 Humboldt Ave. N. Evergreen Park Schol 7020 Dupont Ave. N. 3 -11 -85 _1_ Garden City School 3501 65th Ave. N. Green Mill Inn 5540 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Little Brooklyn 6219 Brooklyn Blvd. Nutrition World Brookdale Center Orchard Lane School 6201 Noble Ave. N. Red Lobster Restaurant 7235 Brooklyn Blvd. Wes' Standard 6044 Brooklyn Blvd. Willow Lane School 7020 Perry Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness Club 6301 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Midland Heating & Air Conditioning 6442 Penn Ave. S. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Chuck's Q. 1501 69th Ave. N. SIGN HANGER'S LICENSE Midway Sign Company 444 N. Prior Ave. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL PROCLAMATION REGARDING A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER Mayor Nyquist recognized Pastor Gil Maple who was the Chair of the Mayor's Prayer Breakfast for 1985. Pastor Maple asked the Council to consider the proclamation before them this evening and to declare Saturday, April 20, 1985 as a day of spiritual rededication in Brooklyn Center. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the Mayoral Proclamation Declaring Saturday, April 20, 1985 as a Day of Spiritual Rededication in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a Resolution Amending the 1985 General Fund Budget, Transferring Funds from Council Contingency Account to Fire Department Automotive Equipment Repair Account for the Repair of the Fire Department's Aerial Ladder. Councilmember Theis inquired whether this was an anticipated repair cost. The City Manager replied that the amount of repair was not expected and that the full estimated amount of the repair is being requested and if it is not needed it will be put back into the budget. Councilmember Theis then asked whether the repairs would bring the aerial ladder back into working condition. The City Manager replied that it would and also the City will be able to use Brooklyn Park's ladder while the aerial ladder is being repaired. RESOLUTION NO. 85 -42 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET TRANSFERRING FUNDS FROM COUNCIL I 3 -11 -85 -2- CONTINGENCY FUND TO FIRE DEPARTMENT AUTOMOTIVE EQUIPMENT REPAIR ACCOUNT AND AUTHORIZING THE REPAIR OF FIRE DEPARTMENT AERIAL LADDER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85004 SUBMITTED BY CATHY RAUSCH FOR A SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME BEAUTY SHOP WITH ONE NON- RESIDENT EMPLOYEE IN THE EXISTING FAMILY ROOM OF THE RESIDENCE AT 3000 63RD AVENUE NORTH The City Manager introduced Planning Commission Application No. 85004, and pointed out that the Planning Commission recommended approval of Application No. 85004 at its February 14, 1985 meeting and that the application was tabled at the February 25, 1985 City Council meeting to allow time for the applicant to consider the conditions of approval discussed by the Council. The Director of Planning & Inspection reviewed 11 conditions recommended in conjunction with approval of Application No. 85004. He also explained that notices had been sent to neighboring property owners regarding this evening's meeting and that the applicant is present this evening. Councilmember Lhotka inquired whether a condition prohibiting on- street parking could be added and the Director of Planning replied that the condition could be added. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Application No. 85004, subject to the following conditions: 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 of the facility and is nontransferable. 3. A current copy of the applicant's state operator's license shall be kept on file with the City. 4. The hours of operation shall be: 9:00 a.m. to 5:00 p.m., Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9 :00 a.m. to 2:00 p.m., Saturday. The home occupation shall be conducted on an appointment only basis. 5. Special Use Permit approval acknowledges one, part -time, non- resident employee working in the beauty shop. 6. Special Use Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 3 -11 -85 -3- z 7. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22 1 . No removal of curb or improvement within the Xerxes Avenue North - boulevard shall be commenced prior to approval by the City Engineer. 8. Special Use Permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the home for the home occupation is comprehended by this approval. 9. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the Special Use Permit. 10. A 10 lb. fire extinguisher shall be placed within the home beauty shop area. 11. This application shall be brought back before the City Council within 18 months after its issuance for the purpose of eliminating the provision for a nonresident employee and to reduce the number of hours authorized in Condition No. 4 above. 12. No on- street parking shall be permitted in conjunction with the operation of the home beauty shop. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSIDERATION OF BROOKWOOD CONDOMINIUM BUILDING RENTAL LICENSE Mayor Nyquist recognized Mr. Jay Cook, Attorney with Dorsey and Whitney, representing Brutger Companies. Mr. Cook stated that Brutger Companies has entered into five agreements for the repurchase of condominium units with a provision to lease back the units. He explained Brutger Companies is confident that they will be able to come to agreement with the remaining owners within a week's - time. Councilmember Theis expressed a concern about approving a rental license without final settlement of all owners. Mr. Cook replied that the same offer made to the first five will be made to the remaining three owners. Councilmember Lhotka inquired what the marketing approach would be on the rental units. Mayor Nyquist recognized Ms. Sharon Witt, representing Brutger Companies, P , who introduced Ms. Jan Huebner whom she explained was Brutger Companies marketing manager for the Brookwood rental units and that Ms. Huebner lives in one of the Brookwood Town Homes. She explained that what she is hearing in the market is that people in the 55 and over group want to rent rather than buy. She stated that the marketing approach would be to advertise in local newspapers from Fridley to Maple Grove to Golden Valley. Referrals by current residents will also be considered along with the waiting list for Brookwood Manor. Finally, she pointed out that a brochure and direct mail approach will also be used. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the rental license for the Brookwood Condominium Building. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSIDERATION OF WINE AND BEER LICENSE APPLICATION FOR DENNY'S RESTAURANT The City Manager noted that the wine and beer license for Denny's Restaurant was approved at the February 11, 1985 City Council meeting for 30 days contingent upon 3 -11 -85 -4- clarification of the investigation report regarding the length of tenure of the present restaurant manager. He pointed out that the original investigation report was in error, and that the current manager of Denny's Restaurant has worked at the restaurant since June of 1978 but has only recently been appointed manager. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the wine and beer license application for Denny's Restaurant in Brooklyn Center. Voting in favor: Mayor Nyquist,Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS STAFF REPORT ON SALE OF CABLE TELEVISION FRANCHISE The City Manager referred Councilmembers to a letter to Mr. Greg Moore, Executive Director of the Northwest Suburbs Cable Communication Commission, from Mr. Gustave M. Hauser, of Hauser Communications, Inc. the prospective purchaser of the Northwest Cable System. He reviewed the letter which outlined several requests from Hauser Communications, Inc. to the Cable Communication Commission regarding the proposed purchase. Mayor Nyquist expressed a concern regarding the status and continuation of the local access channels, if the system is sold. The City Manager replied that access programming is a definite expense of the system and is paid for by the rate payers. He explained that many people consider access programming as free but it is an expense to the system, however popular among those who use it. He added that recent federal legislation has weakened local commission's authority, especially with regard to rate making. In response to a question from Councilmember Lhotka, the City Manager explained that the system which has been built in the northwest area is a dual cable system, however, Hauser Communications, Inc. is proposing a single cable system for the unbuilt areas in the northwest. He pointed out that Brooklyn Center is fully connected and consists of completely dual cable. He explained that the negotiating stance taken by the Cable Commission is that they there are requesting the new owner to bury double cable in the new areas but without amplifiers. He added that the Commission is looking for a 108 channel capacity and that it would consider allowing a single cable, if the particular cable technology could provide 108 channels. Councilmember Scott inquired as to when the cable company plans to hook up the remaining institutional channels. The City Manager explained that this appears to be an ongoing problem and that Storer has been requested to give the Commission a letter stating that they would be responsible for the hookup of the remaining institutional channels even after the sale. RECESS The Brooklyn Center City Council recessed at 7:40 p.m. and reconvened at 8:00 p.m. PUBLIC HEARING FOR WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05 (LYNDALE AVENUE IMPROVEMENTS BETWEEN 53RD AND 57TH AVENUES) The Director of Public Works reviewed a summary of the proposed improvements on Lyndale Avenue, including Water Main Installation, Street Reconstruction, Sidewalk Installation, and Landscaping. The Director of Public Works also pointed out that notices regarding this evening's meeting had been sent to all property owners and 3 -11 -85 -5- I that an informational meeting had been held with property owners in the area on February 27, 1985. The Director of Public Works proceeded to review the estimated special assessments and payment schedules for a typical single family residence in the project area. He also reviewed the Lyndale Avenue Street Reconstruction Y S Special Assessments a t p ' including typical schedule of payments for a $900 and $1 ,200 total assessment. He then reviewed the Lyndale Avenue Street Project Assessment comparison between the 1984 proposed and the 1985 proposed project costs. The Director of Public Works continued his review of the project, including reviewing five conditions for parking stall construction in the project area. He proceeded to review a transparency of a typical residential parallel parking space and a typical diagonal parking space. He then reviewed a transparency of a request form for senior citizen deferment of assessments, and pointed out that a person 65 years or older with an income of $7,500 or less per year can have the assessment deferred indefinitely. The Director of Public Works explained that at the February 27, 1985 informational meeting approximately 14 owners attended and that the notes of that meeting had been distributed to the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Water Main Improvement Project No. 1985 -04 and Street Improvement Project No. 1985 -05. Mayor Nyquist recognized Mr. Bud Murphy who questioned why the residents along Lyndale Avenue should have to pay for any of the street reconstruction since 95% of the traffic is from outsiders. He also questioned that if the streets are 7 ton streets now why aren't weight restrictions placed on them. In response to Mr. Murphy's comments, the City Manager explained that the property benefits from access to streets and that the City Council has determined that the benefit from the street and curb and gutter for each residence in the City is $1,200. He then explained that the existing roadway is built to 9 ton specifications and is the same as the specifications used for Shingle Creek Parkway. The Director of Public Works stated that he did not recall saying that the Lyndale Avenue roadway was a 7 ton road. He pointed out that the street is a 9 ton roadway and there is no reason, from a structural standard, to limit weight on the roadway. Mayor Nyquist recognized Mr. Tony Schmid, 5500 Lyndale Avenue. Mr. Schmid stated that he had visited with all neighbors in the project area, except seven identified property owners. He pointed out that five of the seven persons he did not speak with were rental properties. Mr. Schmid pointed out that of the group he spoke with 26 signatures were obtained in opposition to the sidewalk. He presented the petition declaring opposition to the sidewalk to the City Clerk. Mr. Schmid presented three other petitions to the City Clerk, including a petition showing support for installation of water service along Lyndale Avenue, a petition against the installation of water service and a petition regarding the street reconstruction along Lyndale Avenue between 53rd Avenue North and 57th Avenue North. He explained that for years the neighborhood has endured unbearable traffic along Lyndale and had received no reduction in taxes for this inconvenience. He stated Lyndale Avenue was marked as Highway 169 and that he does not believe the neighborhood should be charged for access to the highway. He continued by pointing out that there were 25 names on the petition which would agree to the street project only if the City used turnback funds to pay for the entire cost of the street project. He emphasized it is not a residential street but is a highway bypass. 3 -11 -85 -6- Mayor Nyquist stated he wanted to point out that if the City does not install the sidewalk the City will not receive any funds for this portion of the project and the funds will be lost and cannot be applied to another part of the project. In response to a question from a member of the audience, the Director of Public Works replied that turnback funds are available for the entire cost of street reconstruction and sidewalk, excluding the landscaping costs. Mayor Nyquist again recognized Mr. Tony Schmid who brought up the issue of the odor from the lift station in the neighborhood. He also recommended that a gate be put over the entrance and cited incidents of theft from his property and also suspicious meetings of individuals at the lift station location which appeared to be some type of exchange of contraband. The City Manager pointed out that the City will be doing some redesign on the driveway to the lift station and will also address the problems brought up by Mr. Schmid at that time. He added that the City will also do some landscaping of the area. In response to a question from a member of the audience, the City Manager stated that the City policy is that each property in the City benefits from access to a street and that the benefit has been established by the City Council at $1,200. He explained that every residential lot in the City would pay $1,200 for a street project no matter where they live in the City. Mayor Nyquist recognized Mr. Frank Belatz, 5323 Lyndale Avenue North, who stated that the surveyors had told him that the sidewalk would be located three feet from the roadway. The City Engineer replied that there would be eight feet of grass between the curb and sidewalk and that perhaps Mr. Belatz had been misinformed or misunderstood what the surveyors had explained. Mayor Nyquist recognized Mr. Duane Svordal, 5509 Lyndale Avenue North. Mr. Svordal explained that he was a newcomer to the City and that one reason he moved into the area was the pleasant appearance of the neighborhood. He explained that he believed the desirable appearance of the neighborhood would be changed by the project. Mayor Nyquist recognized Mr. Ken Kunz who identified himself as the owner of the four -plex at 5601 Lyndale Avenue North. Mr. Kunz explained that the eight feet of green space between the curb and gutter and sidewalk will become a weedy area and that is opposed to any sidewalk construction. He added that if the residents have to pay for the roadway he would agree to pay, and pointed out that he did not sign the petition regarding the street project but that he believes the street assessment is a reasonable cost. Mayor Nyquist recognized Mr. Bob Halverson who stated that he was representing the group home in the area and expressed his desire to see the improvements, especially the water main installation. He added that he is looking forward to having a clean supply of water. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Water Main Improvement Project No. 1985 -04 and Street 3 -11 -85 -7- Improvement Project No. 1985 -05. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Scott expressed a concern regarding one of the conditions for construction of a parking stall, and explained that for several properties the only place they have to park is on street and added that there is no room for a garage. Councilmember Scott inquired whether these residents would be subject to the same rules as other residents for on- street parking. She stated that the concern she has is that they will not have a permanent parking space for their vehicle. The Director of Public Works reviewed the parking layout sketches, and stated that for the properties with this situation the best solution would be to build a drive off the street leading up to a parking space on their property. He added that these parking situations could be worked out with the property owners. Councilmember Theis asked the Director of Public Works what the cost of a residential street would be for a typical lot in this area. The Director of Public Works explained that the normal cost in a residential area for a bituminous surface with no curb and gutter is approximately $1,200 per lot. He pointed out that the $1,200 amount would be the normal assessment and that this would recover about 1/3 of the total project cost. Councilmember Theis also inquired as to the period of availability of turnback funds. The Director of Public Works replied that Lyndale Avenue was turned back to the City in April of 1984. He explained that under law initial construction must begin within five years of that date and all improvements must be completed within ten years. He explained that there are currently adequate funds and a commitment on the part of the State to cover all project costs. He added that the legislature has been considering changes in highway jurisdictions and turnback funds could be eaten up by projects which take precedence over this project. In short, he explained the funds may be depleted in the future. Councilmember Scott asked what are the policies of other suburbs for using turnback funds and do other cities assess costs for street projects. The Director of Public Works explained that no study had been done and that there are not many turnback projects that occur, perhaps, one to three per year state wide. He explained that levying special assessments on a state aid project is a policy which Brooklyn Center and more than one /half the metropolitan suburbs use. He added that it is the general policy of the City that even with outside funds the Council has determined that special funds are for the benefit of the entire City and that special assessments are levied based on the basis of benefit to the property owner. Councilmember Theis commented that if Brooklyn Center is to maximize the efficiency of the available funds the best way to proceed is to do the entire project now. RESOLUTION NO. 85 -43 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05 The motion for the adoption o o do f the foregoing resolution P g g o was duly seconded by member Bill Hawes, and upon a roll call vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: Celia Scott, whereupon said resolution was declared duly passed and adopted. I 3 -11 -85 -8- There was a motion by Councilmember Hawes and seconded by Councilmember Scott to deny the Resolution Ordering Sidewalk Improvement Project No. 1985 -06. In discussion of the motion, Mayor Nyquist polled the audience regarding whether they understood that the sidewalk funds could not be used elsewhere in the project. Approximately 1/3 of the audience raised their hand signifying that they understood. Councilmember Scott then again reviewed the sidewalk funding and pointed out that the maintenance of the sidewalk would be taken care of by the City and she also again emphasized the location of the sidewalk. At this point, a majority of audience stood up signifying that they understood the policy with regard to sidewalk installation. Upon a vote being taken on the motion on the floor, the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 85 -44 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR LYNDALE AVENUE IMPROVEMENT PROJECTS NOS. 1985 -04, 1985 -05, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:40 p.m. Deputy City Clerk Mayo G 3 -11 -85 -9-