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HomeMy WebLinkAbout1985 04-08 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 APRIL 8, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was call ad to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Ric Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Attorney Richard S hieffer, Fire Chief Ron Boman, and Deputy City Clerk Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka was out of town and was excused from this evening's meeting. INVOCATION The invocation was offered by Pastor Bob Cilke of the Brookdale Christian Center. 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. Councilmember Hawes requested item 9c be removed from the Consent Agenda. FINAL APPROVAL OF CORNER ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Theis to _ approve the final plat of Corner Addition which provides for the subdivision of property along 63rd Avenue North at Unity Avenue North into two residential lots. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion P assed. PERFORMANCE BOND RELEASE FOR BROOKDALE CORPORATE CENTER There was a motion by Councilmember Scott and seconded by Councilmember Theis to release the performance guarantee, in the amount of $15,000, for Brookdale Corporate Center, 6300 Shingle Creek Parkway (Planning Commission Application No. 81012). Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -50 Member Celia Scott introduced the following resolution and moved its adoption: 4 -8 -85 -1- RESOLUTION ACCEPTING QUOTATION FOR FIRE EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -51 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF MARY DRABIK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -52 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO CLEAN H.V.A.C. SYSTEM IN CIVIC CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HENRY DAVIS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -54 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TO USE TWO HOUSES IN THE CITY OF BROOKLYN CENTER FOR TRAINING PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 -8 -85 -2- LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. Bridgeman's 6201 Brooklyn Blvd. Brookdale Cinema 5801 John Martin Dr. Brooks Superette 6804 Humboldt Ave. N. Burger King 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. Country Store 3610 63rd Ave. N. Ground Round Restaurant 2545 County Rd. 10 Holiday Inn 1501 Freeway Blvd. Jerry's Super Valu 5801 Xerxes Ave. N. Lutheran Church of the Master 1200 69th Ave. N. Movies at Brookdale Square 5800 Shingle Cr. Pkwy. Nankin Express 5532 Brooklyn Blvd. Scoreboard Pizza 6816 Humboldt Ave. N. Super America 6545 W. River Rd. Super America 1901 57th Ave. N. Yen Ching Restaurant 5900 Shingle Cr. Pkwy. MECHANICAL E HANICAL S S Y TEMS LICENSE Air Comfort, Inc. 3944 Louisiana Circle All Season Comfort, Inc. 55 Mound Ave. Allan Heating & Air Cond. 6020 Culligan Way Blaine Heating, Air Cond. & Elec. 13562 Central Ave. NE Centraire, Inc. 7402 Washington Ave. S. Conservenergy Systems, Inc. 6505 Taft St. Egan & Sons Co. 7100 Medicine Lake Rd. Environ -Con., Inc. Box 1351, St. Cloud Furnace Care Inc. 8733 Humboldt Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. Horwitz Mechanical, Inc. 5000 N. County Rd. 18 Lanars Plumbing & Heating 6945 Queen St. Marsh Heating & Air Cond. 6248 Lakeland Ave. N. - Modern Heating & Air Cond. 2318 First St. NE Noel's Heating & Air Cond. 6900 75th Ave. N. Owens Service Corporation 930 E. 80th St. Riccar Heating 3095 162nd Ln. NW Rouse Mechanical, Inc. 11348 K -Tel Dr. Royalton Heating & Cooling Co. 4120 85th Ave. N. Standard Heating & Air Cond. 410 W. Lake St. Suburban Heating & Air Cond. 2050 Whitebear Ave. Thompson Air Conditioning 5115 Hanson Court United Burner Service Inc. 7909 30th Ave. N. Walden Energy Systems 5250 Lyndale Ave. N. Ray Welter Heating Co. 4637 Chicago Ave. MOTOR VEHICLE DEALERSHIP - CLASS A Brookdale Pontiac 6801 Brooklyn Blvd. PERISHABLE VENDING MACHINE LICENSE Budgetel Inn 6415 James Circle 4 -8 -85 —3- SIGN HANGER'S LICENSE Sign Service, Inc. 1016 North 5th St. SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. N. European Health Spas 2920 County Rd. 10 Garden City Court Apts. 3407 65th Ave. N. Holiday Inn 1501 Freeway Blvd. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - MARCH 25, 1985 There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of March 25, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Year XI Community Development Block Grant Appropriation. Mayor Nyquist recognized Mrs. Barbara Jensen, Chairman of the Community Development Block Grant Advisory Committee, who stated that the City will receive a total of $240,240 for Year XI of the Community Development Block Grant Program. She explained the Advisory Committee recommended $160,000 for the Earle Brown Farm acquisition and $80,240 for continuation of the City's Home Rehabilitation Program. She also noted a request by Fran Gunberg, the City's representative on the Northwest Hennepin Human Services Council Advisory Commission, for funding of day care through CDBG funds. She explained it is the reluctant recommendation of the advisory committee not to fund this type of program and to recommend against funding for any continuing services. The Director of Finance and Administrative Assistant Hoffman arrived at 7:10 P.M. In response to a question from the Council Administrative Assistant Hoffman stated that, assuming CDBG funding continues after next ear the City can view th Y � Y e ._- community development dollars allocated for the Earle Brown Farm acquisition as a loan or another option exists to use the CDBG funds to retire the debt for acquisition of the Earle Brown Farm. RESOLUTION NO. 85 -55 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XI URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 -8 -85 -4- The City Manager introduced a Resolution Declaring Surplus Property, noting that the items in the resolution are recommended for a sale at the City auction to be held on April 27, 1985. Councilmember Hawes inquired what happens to the proceeds from the City auction. The City Manager explained that the funds are put into the general fund and must be kept there for a certain period of time in case a claim is made on some of the property sold at the auction. RESOLUTION NO. 85 -56 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -57 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -F (LYNDALE AVENUE NORTH WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05) 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Adopting Engineer's Report, Establishing Xerxes Avenue North Street Improvement Project No. 1985 -09 and Calling for a Public Hearing Thereon, and noted the project provides for the repair of cracks and bituminous overlay of Xerxes Avenue from County State Aid Highway 10 to I -94. The Director of Public Works reviewed the project, and explained that essentially the project involves repairing cracks and installing a bituminous overlay. Also, he pointed out there are minor geometric changes proposed in the area of Northway Drive which would first merge traffic into one lane after crossing the Northway Drive intersection, then provide the motorist the opportunity to select the desired lane for either left turn, through or parking. He also noted that the proposal would include the construction of a roadway surface taper for the northbound traffic lane approach prior to the left turn lane at Xerxes Avenue and 59th Avenue North. He also noted that the project would lengthen the left turn lane at 63rd and Xerxes. The Director of Public Works reviewed a cost summary of the project which totaled $359,290, $31,010 of which would be assessable. costs. He added that the staff is recommending acceptance of the engineer's report and approval of the resolution. Councilmember Theis commented that a considerable amount of traffic on Xerxes now turns left at 59th to travel to Brooklyn Boulevard resulting in heavy traffic through a residential area. The Director of Public Works replied that the project 4 -8 -85 -5- essentially recognizes this traffic pattern as a reality and the proposal is to install the left turn lane to accommodate the traffic. In response to a question from the Council, the Director of Public Works reviewed the zones of assessment proposed for the project, and noted that the zones were similar to those used on the Xerxes Avenue project in the Brookdale and County Road 10 area. He then reviewed the zone assessment policies of the City on past projects. RESOLUTION NO. 85 -58 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09, AND CALLING FOR A HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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. 85005 SUBMITTED BY BROOKDALE CHRISTIAN CENTER FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A FAMILY LIFE CENTER ADDITION TO THE CHURCH AT 6030 XERXES AVENUE NORTH fiFe C ty anager explained Tpplica ion No. 85005 was fabled by the Planning Commission at its March 14, 1985 meeting and was recommended for approval at its March 28, 1985 meeting. The Director of Planning & Inspection presented and reviewed for Councilmembers pages one through five of the March 14 Planning Commission meeting minutes, pages one through two of the March 28, 1985 Planning Commission meeting minutes and also the information sheets prepared for Application No. 85005. He reviewed the location of the project, which is in an R1 zone, and noted that churches are a special use in an R1 zone. He then reviewed the proposed site plan for the family life center addition, which included a fellowship hall /gymnasium as a two story space on the south portion of the addition and two stories of other space on the north, including lockers, showers, restrooms, a prayer chapel, and music room on the lower level and a large classroom, restrooms, and foyer area on the upper level. He then reviewed the proof of parking plans submitted with the site plan. The Director of Planning & Inspection explained that at the March 14, 1985 Planning Commission meeting the Commission held a public hearing and several neighbors in the area raised some issues regarding the proposal at that hearing. He noted the Planning Commission tabled consideration of Application No. 85005 at the March 14 meeting and on March 18, 1985 a neighborhood meeting was held and the neighborhood issues were again raised. One of the issues discussed was the issue of supervision of children at the day -care center. The Director of Planning & Inspection explained that the church's educational director assured the neighborhood that the supervision issue would be addressed. He explained there was also concern expressed regarding the access at Washburn Avenue and the on- street parking on Washburn during church services. He explained Pastor Cilke assured the neighborhood that the congregation would be discouraged from parking on the street on Washburn during church services. 4 -8 -85 -6- The Director of Planning & Inspection explained the staff has recommended a visual screening of the roadway in the area to help discourage and slow traffic going up Washburn to the church. He reviewed this additional landscaping and screening proposed with the plan. In further discussion of the neighborhood meeting, the Director of Planning pointed out that the neighborhood meeting on March 18 was well attended and the Commission received a report from the neighborhood meeting. Subsequently, he pointed out the Planning Commission recommended approval of the application subject to eight conditions which he reviewed for Councilmembers. He noted a public hearing is scheduled for this evening, that the proper notices had been sent regarding the hearing, and that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85005. He inquired if there was anyone 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 Application No. 85005. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. - There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Application No. 85005, 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 and utility 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 completion of approved site improvements. 4. Plan approval acknowledges a proof -of- parking for up to 151 parking spaces which will meet the ordinance requirement. The applicant shall agree in writing, prior to the issuance of permits, to provide up to 151 parking stalls on the Brookdale Christian Center site in the event that the school property to the north is sold. 5. The applicant shall enter into a utility hookup agreement prepared by the City Engineer, stipulating charges for additional connections to City utilities, prior to the issuance of permits. 6. The garbage dumpster shall be removed from the parking lot and relocated to a more appropriate location and screened from public view. 4 -8 -85 -7- 7. If buses are to be stored on the Brookdale Christian Center site, following June of this year, the church shall propose and provide a means of screening these buses from public view. 8. The applicant shall provide a visual barrier and signery to discourage through traffic on Washburn Avenue North from proceeding through the church property. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:10 p.m. and reconvened at 8:30 P.M. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Authorizing Replacement of the Superintendent of Streets and Parks Position. He explained the City's current Superintendent is retiring under the City's Retirement Incentive Program and the staff believes this position should be replaced. Councilmember Theis requested the City Manager to address the issue of park maintenance as related to this position particularly with regard to continuation of adequate park maintenance. The City Manager commented that the continuation of the excellent park maintenance the City enjoys is also a concern of the Public Works Director and himself. He pointed out that currently there are methods of tracking the number of maintenance hours devoted to parks, and he added he is confident that the people doing the maintenance work will continue to do their excellent job of maintaining the parks. Councilmember Scott inquired whether the recruitment was to take place from within or outside the City. The Director of Public Works stated that the staff proposes to advertise within and without at the same time. RESOLUTION NO. 85 -59 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPLACEMENT OF THE SUPERINTENDENT OF STREETS AND PARKS POSITION 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Commercial Uses in Multi -Story Office Buildings. He explained the ordinance is offered for a first reading this evening and was recommended by the Planning Commission at its March 28, 1985 meeting. He noted that the list of accessory uses stated on the agenda is more extensive than those contained in the actual ordinance. Councilmember Hawes commented that a single story office building may make a similar request, and questioned whether it would be handled in a similar manner. The 4 -8 -85 -8- Director of Planning & Inspection explained that one story office buildings are not really geared for accessory uses of this type and specifically in this case a small lunch cafeteria. He pointed out that the lunchroom proposed in this instance would be different from employee lunchrooms that would more likely be found in a single story building. He pointed out that the employee lunchroom would be considered as part of the overall operation as opposed to an accessory retail operation. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Accessory Commercial Uses in Multi -Story Office Buildings and to set the public hearing date on the ordinance for May 6, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEMS RECOMMENDATION FROM PARK & RECREATION COMMISSION TO CITY COUNCIL TO PROCEED WITH FEASIBILITY STUDY FOR A MUNICIPAL PAR ' GOLF COURSE The City Manager stated that the Park & Recreation Commission passed a motion which formally recommended the par 3 golf course proceed to the City Council. He noted that the Council will receive a formal resolution from the Park & Recreation Commission regarding the approval. He stated that the staff is inviting the Council's input regarding how the Council would like the project presented initially. Councilmember Theis requested that the City staff make a full presentation before the City Council regarding the golf course proposal. The City Manager stated that he would come back to the Council within the next month or two with a presentation on the golf course. REQUEST BY CITY OF HUTCHINSON TO USE A PORTION OF BROOKLYN CENTER'S INDUSTRIAL DEVELOPMENT REVENUE BOND ALLOCATION -' The City Manager explained that the City has received other requests like this from other cities and it is on the agenda this evening to discuss whether the City Council would allow another City to use a portion of its allocation. He explained that if the Council chose to do so it would not affect the City's allocation in future years. The City Manager pointed out that he would check into the situation further to see if allowing another City to use a portion of the allocation would negatively affect the City in any way. Councilmember Scott stated she would like some assurance that the allocation would be there, if the City needs it. She added that perhaps if the City were to allow another City to use a portion of the allocation it could be done later in the year, such as September or October. The City Manager stated that he would consult with the City Attorney's office and report back to the Council regarding this proposal. CHARGES FOR 911 AUTOMATIC LOCATION IDENTIFIER (ALI) The City Manager explained the ALI system automatically provides dispatchers with the address of a 911 caller. He explained Hennepin County proposes to fund ALI charges from December 1982 through June 30, 1984 as per a resolution passed by the Hennepin County Board. The City Manager recommended the compromise as established by the County Board, and pointed out that the City negotiated a Joint Powers Agreement between communities and eventually the County took over the administration of the ALI system. He explained that there was also a breakdown in communication between the phone company and the County and that the cities always assumed that the County was paying the charges. The memorandum from the Police 4 -8 -85 -9- Chief pointed out that the police department's budget allows $288 per month for ALI charges and that from 1982 through 1985 the funds combined will sufficiently cover the amount due from the City. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the Mayor and City Manager to enter into an agreement authorizing the City to pay the Automatic Location Identifier charges beginning July 1, 1984. The motion carried. APPOINTMENT TO PARK & RECREATION COMMISSION Mayor Nyquist noted he had received an application for the Park & Recreation Commission from Mr. Larry A. Propst, 5344 Russell Avenue North. Councilmember Hawes commented that the chairman of the Park & Recreation Commission had spoken with Mr. Propst, and felt that he would be an asset to the Park & Recreation Commission. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Mr. Larry A. Propst, 5344 Russell Avenue North to the Brooklyn Center Park & Recreation Commission for a term beginning April 9, 1985 and expiring on December 31, 1987. Mr Propst will be representing Park Service Area 1. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8:54 p.m. Deputy /Cit y 'Clerk May 4 -8 -85 -10-