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HomeMy WebLinkAbout1985 09-09 CCM Regular Session MINUTES OF HE PROCEEDINGS ROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 9, 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, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. INVOCATION The invocation was offered by Councilmember Lhotka. 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. PROCLAMATION Councilmember Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING SEPTEMBER 17 THROUGH 23 AS CONSTITUTION WEEK IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation 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 proclamation was declared duly passed and adopted. RESOLUTIONS RESOLUTION NO. 85 -161 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION URGING CONGRESS TO ADOPT S.F. 1570 EXEMPTING STATE AND LOCAL EMPLOYEES FROM THE FEDERAL FAIR LABOR STANDARDS ACT 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 9 -9 -85 -1- the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: MECHANICAL SYSTEMS LICENSE Cronstrom's Heating & Air Cond. 4410 Excelsior Blvd. Flare Heating & Air Cond. 664 Mendelssohn Ave. N. NON- PERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Cass Screw Mfg. 4748 France Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Declaring September 16, 1985 through September 22, 1985 as Crime Prevention Week in Brooklyn Center. Mayor Nyquist recognized Mr. Phil Cohen, President of the Brooklyn Center Crime Prevention Fund, who requested the City Council's consideration for declaring Crime Prevention Week. Mr. Cohen reviewed a recent activity report of the Crime Prevention Fund, and introduced two members of the Board of Directors of the Crime Prevention Fund who are serving as chairpersons of Crime Prevention Week committees. Mr. Cohen recognized Mr. Warren Lindquist, chairperson of the Walk -A- Thon Committee, and Officer Dave Grass, chairperson of the Police Department open house. Mr. Cohen also recognized Mary Jane Gustafson, another board member of the Crime Prevention Fund, who is present at this evening's meeting. Mayor Nyquist recognized Officer Grass who said the open house in the Police Department is scheduled for September 22, 1985 beginning at 1:00 p.m., and briefly reviewed activities scheduled for the open house. Mayor Nyquist recognized Mr. Lindquist who stated the Walk A -Thon is scheduled for September 21, 1985. He noted that this year's Walk -A -Thon will be more of a family affair because of the desire to include adults in the Walk A -Thon. Councilmember Hawes asked where the Walk -A -Thon starts, and Mr. Lindquist stated it begins in Central Park. Mayor Nyquist again recognized Mr. Cohen who noted Mary Jane Gustafson was chairperson of the Walk -A -Thon committee in 1983 and 1984. He stated the original goal of the Crime Prevention Fund of raising $25,000 remains the same, and $17,000 has already een raised. He noted the rime Prevention Fund operation Y C P is different from most communities because it involves a public /private partnership with cooperation from both City officials and private citizens. Mr. Cohen thanked the City for its cooperation and asked the City Council to consider the resolution before them this evening. Councilmember Hawes asked at what point a neighborhood watch sign can be posted in a neighborhood, and Mr. Cohen responded saying that once a neighborhood watch group is established signs may be obtained by contacting the Police Department. 9 -9 -85 -2- RESOLUTION NO. 85 -162 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING SEPTEMBER 16 TO SEPTEMBER 22, 1985 AS CRIME PREVENTION WEEK IN BROOKLYN 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, 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. OPEN FORUM (CONTINUED) Mayor Nyquist recognized Mr. Cohen who stated as Chairman of the Brooklyn Center High School 25th anniversary he would like to invite members of the Council to the scheduled events. He requested that a resolution recognizing the 25th anniversary be considered at the September 23, 1985 City Council meeting. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Ordering Abatement of Nuisance at 5126 Drew Avenue North. Councilmember Theis noted that it appears the City has pp y worked a g reat deal with the residents at 5126 Drew Avenue North and the City has not received much cooperation, so it may be time to take action. The City Manager stated that the resolution before the City Council this evening is the last option considered by the City. The Director of Planning & Inspection stated an attempt had been made to make an inspection on the last compliance report, but the inspector was unable to gain entry into the house. He stated there were some garbage bags outside of the house which appears to show some effort on the part of the residents to comply, but he urged the Council to pass the resolution which would give the resident 20 days for compliance. He added this allows the residents some time for correction before the City would have to clean the site if compliance is not met. RESOLUTION NO. 85 -163 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITION OF REAL ESTATE EXISTING AT 5126 DREW AVENUE NORTH IN THE CITY OF BROOKLYN 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed a adopted. p d nd ado Y p ORDINANCES The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances to Allow Convenience Food Restaurants as a permitted use in shopping centers over 250,000 sq. ft. in floor area. The City Manager stated this ordinance is offered for a first reading this evening, and requires a 4/5 vote by the Council. The Director of Planning & Inspection stated this item was discussed at the August 29, 1985 Planning Commission meeting and was recommended for approval to the City Council. He noted this ordinance amendment was drafted in response to an application before the City Council in August relating to Arby's special use 9 -9 -85 -3- application at Brookdale Center. He stated following review of the proposal, it was determined that it would be best to allow convenience food restaurants as permitted uses rather than special uses. Councilmember Hawes asked how many shopping centers in Brooklyn Center are over 250,000 sq. ft. in floor area, and the Director of Planning & Inspection stated that Brookdale Center is the only one. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances to Allow Convenience Food Restaurants as a permitted use in shopping centers over 250, 000 sq. ft. in floor area and to set the public hearing date on the ordinance for October 7, 1985 at 8:00 p.m. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances to Allow Chapels, Churches, Synagogues, and Temples as a Special Use in the R5 Zoning District. He stated this ordinance is offered for a first reading this evening, and relates to Planning Commission Application No. 85009 submitted by Foundation Stone Ministries, Inc. He added this item requires a 4/5 vote by the Council. The Director of Planning & Inspection stated that following the City Council consideration at the last meeting in which the first reading of this ordinance failed due to lack of an extraordinary majority, the ordinance was returned to the Planning Commission. He stated the Planning Commission had no further comments on the ordinance and had reviewed the various options and affects of the ordinance. He noted that at the August 29, 1985 meeting of the Planning Commission, it was recommended that the City Council reconsider zoning the parcel of land at the southwest corner of I -94 and Brooklyn Boulevard to C1 and allowing churches as a special use, but alternately that an R3 zoning of the property could be considered as well because both the zoning designations are consistent with the Comprehensive Plan. The Director of Planning & Inspection informed the Council that the applicant requests that if the first reading of this ordinance passes, they wish to proceed with the application process knowing the City Council must pass the second reading of the ordinance before final approval can be granted. Councilmember Theis asked if both C1 and R3 zoning are consistent with the City's Comprehensive Plan, and the Director of Planning & Inspection stated that both are consistent. Councilmember Hawes asked for confirmation that the Council could approve the first reading of the ordinance this evening but review of the permits by the City would occur prior to final passage of the ordinance. The Director of Planning & Inspection stated that with approval of the first reading of the ordinance this evening, the public hearing would be set for October 7, 1985 and the City Council would have the option of delaying final action at that time. He noted with rezoning of property, the City Council has often held off the effective date of an ordinance amendment until all submitted plans have been approved. Mayor Nyquist pointed out that it would be dangerous to go too far through the process if there will not be enough votes to pass the ordinance anyway. A discussion ensued on what uses are permitted on the site and what would be permitted with any ordinance changes. Councilmember Hawes expressed concern for safe access to Brooklyn Boulevard from the site and the Director of Planning g Inspection stated concerns about access can be controlled by either plan approval or 9 -9 -85 -4- special use approval given by the City Council. There was a discussion on improving access to the site by incorporating lots south of the proposed site and moving the access further south on Brooklyn Boulevard. Councilmember Theis asked what the procedure would be and how much time would be involved if the City Council wishes to pursue rezoning the site to R3. The Director of Planning & Inspection stated either the City or the owner must initiate the rezoning process, and this could take another 60 to 90 days before reaching the City Council again. He added such action would have significant impact on the application. Councilmember Lhotka stated there have been several proposals before the City Council in the past, and he cannot understand why a C1 zone is not an appropriate use. He added he personally prefers a C1 zone. Mayor Nyquist suggested the City work together with the residents to investigate the possibilities of combining the lots in an effort to improve access to the site. Councilmember Theis stated he would prefer to see the site developed with as good of access to Brooklyn Boulevard as possible and would even approve of purchasing the lots to improve access if necessary. He asked if the homes on the three lots south of the application site have convenance, and the City Manager responded affirmatively. Councilmember Theis said his concern is not of what use is made of the property, but rather of the potential traffic problems. Councilmember Scott stated her preference is to make churches special uses in R5 zones because then the City would have control of development of the site. Councilmember Theis requested staff to investigate the alternatives for improving access to the site, and the City Manager stated that at the September 23, 1985 City Council meeting a report could be presented. Mayor Nyquist suggested the City Council pass the first reading of the ordinance this evening and instruct staff to review the alternatives in the meantime. Mayor Nyquist recognized Mr. K. Peter Stalland, an attorney representing the owner of the property involved in the application. Mr. Stalland urged the City Council to pass the first reading this evening and stated the seller of the property believes the church is the most appropriate use because of the lower traffic levels to be generated. He pointed out that his client does not want the property to be rezoned to R3 because his client would suffer some economic damage if this were done. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances to Allow Chapels, Churches, Synagogues, and Temples as a Special Use in the R5 Zoning District and to set the public hearing date on the ordinance for October 7, 1985 at 7:30 p.m. Mayor Nyquist stated he would support the motion with the understanding that staff would investigate alternatives, and Councilmember Theis stated he also wishes to have the staff explore alternatives. Upon vote being taken on the foregoing motion, the following members voted in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to 9 -9 -85 -5- direct City staff to explore the alternatives for improving access to the site and to report findings to the City Council at the September 23, 1985 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Director of Planning & Inspection asked if the applicant may pursue a special use permit knowing the risks involved, and Mayor Nyquist responded affirmatively. Councilmember Theis stated the applicant may proceed at his own risk knowing the possibility that the final reading of the ordinance amendment may not be approved. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 85022 SUBMITTED BY JOAN MOE REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A PHOTOGRAPHY STUDIO IN THE BASEMENT OF THE RESIDENCE AT 9�RIMES AVENUE NORTH The City Manager stated this item was recommended for approval by the Planning Commission at its August 15, 1985 meeting. The Director of Planning & Inspection noted this application was laid over from the last City Council meeting because the applicant was not present. He added this evening the applicant is present, and proceeded to review the application. Councilmember Hawes asked if the City has had any problems with other photography studios within Brooklyn Center, and the Director of Planning & Inspection stated he is not aware of any problems. Councilmember Lhotka asked what the width of the house is, and the Director of Planning & Inspection stated he believes it is 42 feet wide. Councilmember Lhotka asked if an addition is built, would it be less than one /third of the first floor area. The Director of Planning & Inspection noted there are no provisions in the ordinance stating the perimeters of a work area, and noted the addition would serve both as a family room and an area where photographs can be taken. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85022 submitted by Joan Moe requesting special use permit approval to operate a photography studio in the basement of the residence at 6906 Grimes 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 Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 85022. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka asked if the hours of operation of the studio are 10:00 a.m. until 8:00 p.m., seven days a week. Mayor Nyquist recognized the applicant, Ms. Joan Moe, 6906 Grimes Avenue North, who stated the primary use of the studio would be on Monday through Friday, because usually weddings are photographed on Saturdays away from the studio. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 85022 subject to the following conditions: 9 -9 -85 -6- 1. Special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3• The hours of operation shall be from 10:00 a.m. to 8:00 p.m. by appointment only. 4. The applicant shall install a 10 ib. fire extinguisher in the area of the home occupation. 5. The premises shall be inspected by the Building Official and any recommendations made by the Building Official with respect to proper ingress and egress of the premises shall be completed prior to the issuance of the special use permit. 6. The applicant shall widen the driveway on the premises to 20 feet from the street to the front of the house prior to the issuance of the special use permit. 7. Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:12 p.m. and reconvened at 8:28 p.m. PUBLIC HEARING PUBLIC HEARING ON ANNUAL CITY BUDGET AND USE OF FEDERAL REVENUE SHARING FUNDS The City Manager stated this evening an overview of the annual City budget and use of Federal Revenue Sharing Funds will be presented to the City Council, and the public hearing may be continued to September 16, 1985. The Finance Director began the overview by reviewing aspects of the proposed budget, and then proceeded to discuss revenues, federal revenue sharing, and other funding sources. He stated at the September 16, 1985 special City Council meeting, individual departmental budgets would be reviewed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to continue the public hearing on the annual City budget and use of Federal Revenue Sharing Funds to September 16, 1985 at 7:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS EARLE BROWN FARM. PROJECT UPDATE The City Manager informed the City Council of information discussed at the most recent Earle Brown Farm Committee meeting and stated the committee is scheduled to 9 -9 -85 -7- meet again next week. The City Manager stated he will provide a written report to the City Council on the Earle Brown Farm Committee's progress and will also forward minutes of the committee meetings to the City Council. He stated no action is required by the City Council at this time. Mayor Nyquist reported on his most recent meeting of the North Suburban Mayor's Group and stated he did not sign a resolution before the Mayors regarding fiscal disparaties. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka 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 10:00 p.m. J Deputy gity Clerk ` Mayor 9 -9 -85 -8-