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HomeMy WebLinkAbout1985 07-22 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 JULY 22, 1985 CALL TO ORDER CITY HALL The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:32 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 Plannin g p & Inspection Ron Warren, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. 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, and no requests were made. PERFORMANCE BOND RELEASE FOR BASSWOOD APARTMENTS There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to release the performance guarantee in the amount of $1,500 for Basswood Apartments, 4450 58th Avenue North (Planning Commission Application No. 83033)• Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 85 -128 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -H (SEALCOAT IMPROVEMENT PROJECT NO. 1985 -15) 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. RESOLUTION NO. 85-129 5 9 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -K (DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12, WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 - 13 & 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14) 7 -22 -85 -1- 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. RESOLUTION NO. 85 -130 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR LANDSCAPING ON WINGARD LANE IMPROVEMENT PROJECT NO. 1985 -13 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. RESOLUTION NO. 85 -131 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT NO. 1985 -18 (BITUMINOUS TRAIL CONSTRUCTION AT WEST PALMER LAKE PARK) 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 I RESOLUTION NO. 85 -132 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -I (CONSTRUCTION OF WELL PUMPHOUSE A, SOCCER FIELD LIGHTING, LANDSCAPE -AND IRRIGATION SYSTEM AT EVERGREEN FIELD) 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. RESOLUTION NO. 85 -133 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPOINTING HENRY R. (BO) SPURRIER AS ALTERNATE COMMISSIONER TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 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. 7 -22 -85 -2- RESOLUTION NO. 85 -134 Fiember Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPOINTING HENRY R. (BO) SPURRIER AS ALTERNATE COMMISSIONER TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION 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. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Bakers Square 5601 Xerxes Ave. N. Thrifty Scot Motel 6445 James Circle Northwest Residence 4408 69th Ave. N. GARBAGE AND REFUSE VEHICLE LICENSE Brooklyn Disposal, Inc. 7858 191st Ln NW Browning Ferris Industries 9813 Flying Cloud Dr. Gallagher's Service, Inc. 1691 91st Ave. NE ITINERANT FOOD ESTABLISHMENT LICENSE St. Alphonsus Fun Fair 7025 Halifax Ave. N. RENTAL DWELLING LICENSE Initial: Earle Brown Farm Apts. Part. Earle Brown Farm Apts. Savage II The Ponds Townhouses John Tschohl 5412 Colfax Ave. N. Logan & Jean Beisner 2808 67th Ln. Renewal: Norman Chazin Brookdale Manor Apts. Norman Chazin Northbrook Terrace Apts. Irvin & Ruth Schloff 4819 Azelia Ave. N. H. Oien, E. Sullivan 5809 Brooklyn Blvd. Norman Chazin 6037 Brooklyn Blvd. Stone Investments 5500 Bryant Ave. N. Donald L. Parkin 5624 Camden Ave. N. Michael L. Goodwin 5134 Ewing Ave. N. Jon Lindman 1600 Irving Lane Marcus Corporation 6415 James Circle Amos Levang 4100 Lakebreeze Ave. N. LeRay & Keith Mortensen 4110 Lakebreeze Ave. N. Randy Elam 4200 Lakebreeze Ave. N. James & Shirley Anderson 4204 Lakebreeze Ave. N. 7 -22 -85 -3- James & Bobbie Simons 4210 Lakebreeze Ave. N. Norbert & Dolores Volbert 4207 Lakeside Ave. #122 Logan North Properties 5800 Logan Ave. N. Logan North Properties 5820 Logan Ave. N. Logan North Properties 5830 Logan Ave. N. Norwest Bank Mpls. 7002 wail Circle W. J. Haugen, S. Haugen 4806 Twin Lake Ave. William Pucel 6.908 -12 Unity Ave. N. Agnes Janssen 1425 55th Ave. N. Jacob & Bonita Heinonen 1107 57th Ave. N. Edward Doll 1201 57th Ave. N. Outreach Group Homes, Inc. 507 69th Ave. N. Dennis & Karen Peterson 4811 69th Ave. N. SWIMMING POOL LICENSE Fun Services 3701 50th Ave. N. TAXICAB LICENSE Blue & White Cab Co. 2404 Sheridan Ave. N. TEMPORARY ON -SALE BEER LICENSE Brooklyn Center Jaycees 1316 68th Ln. St. Alphonsus Catholic Church 7025 Halifax Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager requested the Resolution Seeking Authorization for a Condemnation of Atkin's Mechanical Property be tabled until the next City Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to table a Resolution Seeking Authorization for a Condemnation of Atkin's Mechanical Property until the August 12, 1985 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE The City Manager introduced An Ordinance Amending Chapter 29 on Filing for Municipal Office. He explained the ordinance was first read on June 24, 1985, published in the City's official newspaper on July 4, 1985, and is offered this evening for a second reading. This ordinance is a result of a new state law requiring the preparation and delivery of absentee ballots at least 30 days before an election, and requiring filing of affidavits of candidates not less than six weeks nor more than eight weeks before a municipal primary and at least eighteen weeks before the general election. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 29 on Filing for Municipal Office. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist noted that no one requested to speak at the public hearing and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 7 -22 -85 -4- ORDINANCE NO. 85 -13 Member Rich Theis introduced the following ordinance and moved its adoption: F AN ORDINANCE AMENDING THE CITY ORDINANCE RELATING TO THE FILING FOR MUNICIPAL OFFICE The motion for the adoption of the foregoing ordinance 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 same: none, whereupon said ordinance was declared duly passed and adopted. PUBLIC HEARING ON THE ESTABLISHMENT OF A REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING DISTRICT The City Manager stated the results of this public hearing would be a Resolution Establishing a Redevelopment Project and a Tax Increment Financing District. Mayor Nyquist referred to Section 3.02b of the resolution and asked on what basis the buildings are determined to be 20% structurally substandard. The Housing Coordinator stated this is based on the number of buildings versus the number of parcels regardless of size. Councilmember Lhotka asked for a clarification of Section 4.03 of the resolution, and the Housing Coordinator explained the geographic boundaries of the project area and the Tax Increment Financing District are the same. Mayor Nyquist opened the meeting for th Y Yq P g o e purpose of a public hearing on the Establishment of a Redevelopment Project and a Tax Increment Financing District. Mayor Nyquist inquired if there was anyone 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 Scott and seconded by Councilmember Theis to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 85 -135 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING A REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR THE EARLE BROWN FARM REDEVELOPMENT PROJECT: ESTABLISHING A REDEVELOPMENT DISTRICT; ESTABLISHING A REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT 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. DISCUSSION ITEM STAFF REPORT - BROOKWOOD CONDOMINIUMS Councilmember Theis questioned the status of the garage door openers, and the Housing Coordinator stated that personnel were working to resolve the problem when he was at the site, and there is something definitely wrong with the system. Mayor Nyquist asked if reasonable efforts were made to resolve the problem, and the 7 -22 -85 -5- Housing Coordinator stated that such efforts have been made. Councilmember Lhotka asked about the condition of the shrubbery, and the Housing Coordinator said he did not see much evidence of dead shrubbery. Councilmember Scott asked if a name or a phone number is available for residents to contact in emergency situations. Mayor Nyquist recognized Mr. Wally Johnson of Brutger Companies, Inc. who stated the company has interviewed a caretaker couple who will be available on a 24 hour basis. Councilmember Scott asked what residents are to do in the mean time until the caretaker couple moves into the residence, and Mr. Johnson stated residents should dial 911 for immediate emergencies, and building emergencies will be dealt with during business hours. Councilmember Scott stated a lot of damage could occur if residents waited until morning to report problems, and it would be best if residents could have a contact to call. Mr. Johnson of Brutger Companies, Inc. stated as a short term resolution he would post the phone numbers of several office people, and Councilmember Scott responded saying this is an acceptable solution. Mayor Nyquist asked if the two owners of the condominium units received copies of the report, and the Housing Coordinator stated he would deliver copies to the residents. RECESS The Brooklyn Center City Council recessed at 7:48 p.m. and reconvened at 8:04 p.m. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 85009 SUBMITTED BY FOUNDATION STONE MINISTRIES, INC. FMFREZONING OF 7M 4ACT1'' -RCEL AT TEE SO 0 AND BROOKLYN BOULEVARD FROM R5 TO C1 The City Manager stated this application was considered by the Planning Commission at its May 9, 1985 - meeting, was tabled and referred to the West Central Neighborhood Advisory Group for review and comment, and recommended for approval by the Planning Commission at its July 11, 1985 meeting. The Director of Planning & Inspection reviewed the application from Foundation Stone Ministries, Inc. and the minutes of the Planning Commission from May 9, 1985 and July 11, 1985. He reviewed the location and area of the property, and stated the applicant is seeking rezoning pP o for the g ng purpose of building a church. The Director of Planning & Inspection reviewed the past history of the property and noted that currently churches are not allowed in areas zoned as R5. He added that a C1 zoning district would be compatable with the City's Comprehensive Plan. He reviewed the results of the neighborhood meeting and the resolution before the City Council this evening. The Director of Planning & Inspection noted the Planning Commission also recommended a change in the zoning ordinance if the resolution is passed. Mayor Nyquist asked if it would be possible to designate this property as a special use in a R5 district, and the Director of Planning & Inspection stated this is a possibility. Councilmember Hawes asked if the property could be downgraded to R1 and the church would be a special use, and the Director of Planning & Inspection stated this would be inconsistent with the City's plans. Councilmember Hawes asked if the property is zoned as C1 and a church is not built, whether or not the property would be open to C1 uses. The Director of Planning & Inspection stated that C1 zoning is not inconsistent with the City's plan and office uses would be permitted. Councilmember Hawes stated he agreed with the idea of a turn lane, but noted traffic traveling eastbound on I -94 to southbound Brooklyn Boulevard would have difficulty 7 -22 -85 -6- crossing over lanes if another lane is added. The Director of Planning & Inspection noted that the proposal includes lengthening of a turn lane and not the addition of another lane. The Director of Public Works added that the proposal is for a protected turn lane, noting the acceleration lane off of I -9 to Brooklyn Boulevard would taper off before the new turn lane starts and traffic would have to move to the through lane prior to entering the turn lane to the property. The City Manager stated no matter what the use is on this property, there will be some traffic problems. Councilmember Hawes wondered if the property in question and those three lots south of the property are rezoned to either R1 or R2, if there would be a problem with the covenant. The Director of Planning & Inspection noted that the private covenant is exercised by the property owners. Councilmember Hawes asked if there would be room for a U -turn for those vehicles traveling northbound on Brooklyn Boulevard and taking the turn lane to go west off of Brooklyn Boulevard. The Director of Planning & Inspection stated this would be possible because signalized intersections allow U- turns. Councilmember Hawes felt this will create a real problem, and the Director of Planning & Inspection noted that a church use will provide for off peak traffic generation on Sunday mornings and Wednesday evenings, while adding an office use would create peak traffic during heavy traffic hours. Councilmember Hawes asked if an acceleration lane would be constructed for vehicles leaving the site and traveling southbound on Brooklyn Boulevard. The Director of Public Works stated there is not enough room for this proposal. Councilmember Theis questioned the use of the land compared to the existing covenant and asked if approval would be needed from the City Council for the three parcels south of the property under consideration. The Director of Planning & Inspection stated this would require rezoning at a future date. Councilmember Theis expressed concern over the use of residential streets for activity related to a church. He asked how large a site the proposed plan is compared to other churches in the community, especially those where 50% of the traffic generated by a church is routed onto residential streets. He also asked for an estimate of the number of trips on a Sunday morning into this site. The Director of Planning & Inspection noted the latest proposal includes congregational membership of approximately 500 people with an estimated growth to 800 members. He added there will be two Sunday services as well as Wednesday evening services, and parking capacity allows for one vehicle for each of three seats in the church. Councilmember Theis noted this would approximate 167 vehicles. He asked where most of the parishioners of the church currently live, and the Director of Planning & Inspection stated the current church is located in the Camden area of Minneapolis, with parishioners living in Brooklyn Center, Brooklyn Park, New Hope, and the Crystal area. Councilmember Theis noted if services are full with 167 vehicles parked in the lot, it may be possible for 83 of the vehicles to travel in from the south and 83 to travel from the north which may result in approximately 83 U -turns at the north ramp. The Director of Public Works noted that residents coming from the Camden and New Hope areas would probably travel on I -9 Councilmember Theis concluded that less than 50% of the vehicles would make U- turns. He asked what time the services are scheduled for, and the Director of Planning & Inspection stated that Sunday services are at 10:00 a.m. and 7:00 p.m., while Wednesday evening will include a prayer service. Councilmember Lhotka expressed concern that vehicles waiting to make U -turns at the intersection would stack up prior to the services. He asked what the current tax is on the parcel addressed in the application and the amount of the tax exemption if the 7 -22 -85 -7- church is built. The Director of Planning & Inspection stated he did not know the answer to these questions but will investigate them. The City Manager noted that approximately two years ago the Metropolitan Council conducted a study on the amount of tax exempt property in communities, and Brooklyn Center was near the bottom of this list. Councilmember Hawes asked if the rezoning proposal affects only the property being sold or also the three parcels of land south of the property. The Director of Planning & Inspection stated that only the property being sold at this time is addressed here. Mayor Nyquist asked if the three lots are sold if they would be large enough to build apartment buildings on them, and the Director of Planning & Inspection stated this is possible. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85009• He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Charles Gustafson, 3801 66th Avenue North, who stated he was in favor of the past plan to build offices on this property, but he is not in favor of building a church. He added two of the four properties on Brooklyn Boulevard are for sale but the owners cannot sell them at this time. He said the owners would like to see the area become commercial uses, because if a church is built it will be impossible to sell homes in the area. Mayor Nyquist recognized Ms. Audrey Henche, 4201 66th Avenue North, who said she can see the traffic from the freeway ramp and there are two to three accidents a month. She stated that in her opinion, building a church will create traffic problems. Ms. Henche added she was almost hit several days ago when a car coming off the ramp did not turn its turn signal off. Mayor Nyquist asked if the problem would be occurring only with the church and asked if Ms. Henche would like to see another use on the property. Ms. Henche stated she prefers to see the lot remain vacant. Mayor Nyquist recognized Mrs. Pat Johnson, 4207 66th Avenue North, who stated there will be no place for people to park if a church is located on the lot. Mayor Nyquist recognized Ms. Carol Behne, 6530 Indiana Avenue North, who stated there would be a big problem if access from the church is made to Indiana Avenue North. She said she has three small children and she fears the dangerous conditions of the increased traffic. She added the traffic flow would increase in the future if membership grows and noted that now she can see traffic on Brooklyn Boulevard which is heavy even on Sunday evenings. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the e public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table Application No. 85009 submitted by Foundation Stone Ministries, Inc. to the August 12, 1985 City Council meeting, at which time the Mayor and City Council will have received information on the property tax of the property as well as a police report with the traffic counts and accident history on Brooklyn Boulevard and the surrounding area. 7 -22 -85 -8- Mayor Nyquist asked if the delay would be detrimental to the applicant, and he recognized Mark Anderson, representing Foundation Stone Ministries, Inc., who stated he is following a tight time frame. Mr. Anderson asked what difference it would make having traffic counts, and suggested that the median on Brooklyn Boulevard not be extended to prohibit U- turns. Councilmember Theis asked for additional information on the 7:00 p.m. Sunday service, and Mr. Anderson stated it would be a small prayer service. Councilmember Theis stated he is concerned about eliminating the median to allow left turn traffic into the property, especially with the traffic exiting the freeway onto Brooklyn Boulevard. Upon vote being taken on the motion to table Application No. 85009, the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Specifications and Authorizing Advertising for Bids for Two Civil Defense Sirens. He stated the specifications are in order according to the implementation of the plan previously approved by the City Council. RESOLUTION NO. 85 -136 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF TWO (2) CIVIL DEFENSE SIRENS 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. DISCUSSION Councilmember Hawes asked about the status of the Solar Project, and the City Manager stated the- Housing Commission is expected to have a report within the next six months. The City Manager added that the City has not received any complaints other than those related to the contractor cleaning the sites after their construction was completed. 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 9:05 p.m. f Deputy ity Clerk "yor 7 -22 -85 -9-