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HomeMy WebLinkAbout1984 10-15 CCM Regular Session [.A'I U OF IHE PRCCF'EEIi G OF THE CITY COUNCIL OF' THE CITY OF' LR00KLYii CENTER IN THE COUNTY 'OF AND THE STATE OF I;INNESOTA REGULAR SESSION OCTOBER 15, 1984 CITY HALL CALL TO ORDER the Erooklyi� Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. RCLL CALL Mayor Dean 11yquist, Councilmembers Gene Lhotka, Celia Scott, and Fill Hawes. Also present were City Tvanager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, City Assessor Peter Koole, and Administrative Assistant Tom Eublitz. Iv.ayor Nyquist noted Councilmember Theis would be absent from this evening's meeting. INVOCATIOiv The invocation was offered by Pastor Dick Rabine of Brookdale Covenant Church. OPEN FORUM Mayor I yquist 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. CONSEIaT AGEI�;DA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. There were none. PERFORMANCE FOND RELEASE - NANKIN EXPRESS, 5532 BROOKLYN LOULEVARD There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the performance guarantee release for the Nankin Express, 5532 Brooklyn Boulevard (Planning Commission Application No. 84011) in the amount of $6,000. Voting in favor: hayor ILyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 84 -158 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -F (EVERGREEN PARK/AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE I) 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, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed . and adopted. 10 -15 -84 -1- RE SOLUTION NO. 84 -159 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC - SERVICE OF MARY SIMMONS 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, and Bill Hawes; and 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: CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. Ault, Inc. 1600 Freeway Blvd. COMMERCIAL KENNEL LICENSE Pet Centers, Inc. Brookdale Center ITINERANT FOOD ESTABLISHMENT LICENSE Jaycee Women 6500 Humboldt Ave. N. MECHANICAL SYSTEMS LICENSE Kumar Mechanical, Inc, 877 Southwest 3rd Str. NONPERISHABLE VENDING MACHINES A & J Lnterprises 6843 Washington Ave. S. Ault, Inc. 1600 Freeway Blvd. Coca Cola 1189 Eagan Ind. Rd. Brooklyn Center High School 6500 Humboldt Ave. N. PERIS HABLE VENDING MACHINE LICENSE A & J Enterprises 6843 Washington Ave. S. , Ault, Inc. 1600 Freeway Blvd. RENTAL DWELLING LICENSE Arthur & LaVonne Cahill 4715 France Ave. N. Renewal: Donald M. & Cora N. Noonan 3800 France Pl. Wilbert & Delores Hanson 7210 Perry Ct. E. Delbert P. Bruce 4741 Twin Lk. Ave. Voting in favor: Mayor Nyquist, Councilmember Lhotka, Scott, and Hawes. Voting against: none. The motion passed. PRESENTATION OF RESO OF P.P.PR ECIATI011 AND RE COG N ITION TO PHYLLIS PLUMMER Kayor Nyquist noted that Phyllis Plu<uerwwas not able to be present this evening to accept the Council resolution end the item would be deferred to another meeting. 1.0- 15 - 84 -2- RESOLUTIONS (CONTINUED) The City tanager introduced a Resolution Accepting Bid and Approving Contract 1984 - J (Central Park Plaza Improvement Project 1984 -10) . He noted that the bid of Shafer Contracting Co., Inc. in the amount of $427,377.35 is recommended for acceptance. Councilmember Hawes noted an error in the resolution and pointed out that the figure of $229,335.89 on the second page of the resolution should actually be $29,335.89. RESOLUTION NO. 84 -160 Member Bill Hawes introduced the following resolution and moved its adoption as corrected: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1984 -1 (CENTRAL PARK PLAZA IMPROVEMENT PROJECT NO. 1984 -10) 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, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS PROPOSED PURCHASE OF OLD 7- ELEVEN SPORE The City Manager referred Council members to the memorandum from the City Assessor and noted that the purchase of the old 7- Eleven Store at 69th and Humboldt is proposed for relocation of the City's Municipal Liquor Store No. 1. Mayor Nyquist inquired why the purchase agreement stipulates that the buyer pay for the title insurance. The City Attorney commented that this is unusual but the Title Insurance Company has a plan where each buyer and seller pay a portion of the title insurance. He commented that he looked at some projects with similar costs and the cost to the buyer to pay attorney fees to examine the abstract would be more expensive than paying a portion of the title insurance. Mayor Nyquist stated he was concerned with item c in the proposed purchase agreement, in that, if the title is not marketable then the City could have a problem. The City Attorney stated that the document was reviewed by the City attorney's office before review by the seller so any change the City makes should not harm the agreement. Mayor Nyquist then commented regarding the language in item 5b of the purchase agreement which describes a "special warranty deed ". The Mayor inquired what the term special implied. The City Attorney stated he is not certain of why it is described as a special warranty deed but ownership here would not require a special warranty deed. He added that the word special could be stricken from the agreement unless the seller offers a reason for it, at the time of closing. Councilmember Lhotka requested a clarification of the last paragraph in section 8 of the purchase agreement regarding payment of special assessments. The City Attorney explained that it is typical for the seller to pay the present year's special assessments and for the buyer to pay all subsequent years of special asessments. Councilmember Lhotka then inquired as to the status of the current lease for liquor store No. 1. The Director of Finance explained that the lease can be renewed on November 30 of this year with a 35% increase. Councilmember Lhotka then expressed a concern over the removal of the gas tanks at the 7- Eleven Store, 10 -15 -84 -3- resurfacing of the parking lot, remodeling of the store, and its removal from the tax rolls. The Director of Finance referred Councilmember Lhotka to a report presented at the last Council meeting which reviewed all these items. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to authorize the Mayor and City Manager to enter into a Purchase Agreement with Southland Corporation for the Purchase of the old 7- Eleven Store located at 69th and Humboldt Avenues, subject to receipt of estimated fee charges. Voting in favor: Mayor Nyquist, Councilmembers Scott and Hawes. Voting against: none. The motion passed. Councilmember Lhotka abstained from the vote. OFFICE OF FEDERAL REVENUE SHARING 504 REGULATIONS The City Manager explained that this discussion item refers to handicapped accessibility requirements under the Federal Revenue Sharing Program and includes adoption of an internal grievance procedure for any complaints alleging violations of any action prohibited by Section 504 of the Rehabilitation Act of 1973• The City Manager noted that the City has a 504 plan which was formerly adopted in 1982. He added that the existing plan meets the majority of requirements for the Office of Revenue Sharing 504 Regulations. The City Manager pointed out that the City's current 504 plan stresses physical accessibility and structural modifications to buildings. He added that the Federal Revenue Sharing Regulations stress program accessibility which means that all programs and activities of the City must be accessible to the handicapped when any program or activity is viewed in its entirety. He added that in the City's case it would include recreational programs, public meetings, senior citizens' programs, employment programs, among others. He noted that Administrative Assistant Bublitz is continuing to work with the consultant, who prepared the City's initial program, to develop an addendum to the existing 504 Plan which would address program accessibility requirements. He added that the action recommended this evening is the adoption of a formal Section 504 Grievance Procedure. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the Section 504 Grievance Procedure as recommended and prepared by the City staff. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RESOLUTION REQUESTIN LEGISLATIVE REVIEW OF PERA The City Manager reviewed correspondence from Mr. Stan Peskar, General Counsel for the League of Minnesota Cities which address the issue of the appointment of Mr. John Allers as interim director of PERA. He pointed out Mr. Peskar Is memorandum stated that Cities and City employees should be concerned about the lack of an open and above board appointment process for the interim director of PERA, and that the executive directorship of PERA has been turned over to an individual without even a minimal investigation into his qualifications to meet the requirements under PERA policies. Additionally, Mr. Peskar recommended passage of a resolution on the Public Employees Retirement System which would request the Legislature to conduct an investigation into the PERA board election practices and also into the administration of PERA. RESOLUTION 84 -161 Member Celia Scott introduced the following resolution and moved its adoption: 10 -15 -84 -4- RLS OLUTIGN GN M PUBLIC Lt- PLCYd:E RL' l hI:F,ENT The notion far the adoption of the resolution was (July seconded by member I.;ill Ei� 4JCS, and upcin vote Lein g t -7ken thereon, the fo' lowir;g voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The Lrooklyn Center City Council recessed at 7:28 p.m. and reconvened at 7:45 P.M. PUBLIC HEA RING 0I3 EARLE BROWN FARM APA MULTI -FAMILY HOU SING B OND The City tanager stated that the applicant )as requested a continuance of the public hearing to the November 5, 1984 City Coui;cil meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on the Earle Brown Farm Apartments Multi - family Housing Bond and acknowledged the applicant's request for a continuance of the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to continue the public hearing on the Earle Brown Farm Apartments Multi- family Housing Bond to the City Council meeting of November 5, 1984. Voting in favor: Mayor and awes. Voting a gainst: none. The Councilmernbers Lhotka Scott a H Ny g > g motion passed. PLANN 'COMMISSICN ITEMS PLANNING COMISSIGN APPLICATION N0. W32 SUE' :ITTED BY L. CRAP FR COl` PANY FOR EXTENSION OF THE SPECIAL USE PERMJT APPROVAL GRANTED UNDER APPLICAI10 NO. 83037 FOR AN OFFICE CONDOhINIUII PROJECT ON R5 ZCNED LAND AT THE SOUTHWEST CORNER OF EROOKLY BOULEVARD AND I -944 The Director of Planning & Inspection noted that the applicant was not present yet and requested this item deferred until later in the meeting. PLANNING COMMISSION APPLICATION NO. 840 SUEN1 BY LOMBARD PROPERTIES FOR SITE AND BUILDING PLAN AND SPECIAL USE PERIIT APPROVAL TO CONSTRUCT A 75,109 SQ. FT. OFFICE- IN BUILDING AT 6765 SHINGLE CREEK PARKWAY PLANNING COMMISSION APPLICATION NO. 84034 SLEI:I BY LO mBARD PROPERT FOR SPECIAL USE PERItIT APPROVAL FOR 52 71 F-SIT E ACCIESS RY PARKINNG STALLS OPT THE CENTRAL PARKING LOT SERVING THE INDUSTRIAL AREA N ORTH OF FRELLdAY BOULEVA AND WEST OF SHINGLE CREEP: PAR1 FOR USE BY THE PROPC SPEC. 10 CF'FICE- INDUSTRIAL LUILDIL The Director of Planning & Inspection presented and reviewed for Council members pages one through three of the October 4, 1984 Planning Commission meeting minutes and also the Planning Commission information sheets prepared for Application Nos. 84033 and 84034. He then reviewed the location of the subject parcel and proceeded to review a transparency of the site and building plan submitted with Application No 84033 The Director of Planning & Inspection also reviewed for Council members the landscaping plan proposed with the project. The Director of Planning & Inspection then reviewed the special use permit request under Application No. 84034 and noted that it was for 52 off -site accessory parking stalls. The Director of Planning & Inspection explained the Planning Commission recommended approval of Application No. 84033, subject to 14 conditions which he 10 -15 -84 -5- reviewed for Council members. He also explained the Planning Commission recommended approval of Application No. 84034, subject to one condition which he reviewed for Council members. Mayor Nyquist inquired as to the status of the proposed Ramada Hotel Project. The Director of Planning & Inspection explained that it is his understanding that the applicant plans to seek building permits in November of this year for that project. He added that the applicant has also requested an extension of the special use permit for the Ramada Hotel Project. Mayor Nyquist expressed a concern that by allowing certain parking configurations in the surrounding area it may create a problem for the eventual construction of the proposed Ramada Hotel, and he noted that he believed the City should maintain as much flexibility as possible in that area with regard to parking. The City Manager agreed with the Mayor's comments regarding the flexibility of the area, and noted that the staff recommendations are that no additional approvals be granted until the Ramada Project is finalized. Councilmember Scott stated that she agrees with the City Manager for future approvals, such as a request for a possible Spec. 12 building. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application Nos. 84033 and 84034. He inquired if there was anyone present 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 Nos. 84033 and 84034. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 84033, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall' be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside 'trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NF'PA standards and shall be, connected to a central ronitoring device in accordance with Chapter 5 of the City Ordinances. F. An unde- Cround irrigation system shall be installed in gall landscaped areas to facilitate site maintenance. 7. Plan a,1p-oval is exclusive of all sir ne-y which is 'subject to Chapter 34 of the City Ordinances. R L012 cu-IL and gutter shall be provi(:cra around all pari:ing and driving areas, except in the areas indicated on the site plan where biturrninous curbing may be used perding future development. The financial guarantee shall be held until permanent E612 curb and gutter is installed. 9. Plan approval acknowledges off -site accessory parking of up to 52 stalls from the central parking lot as provided for under Application No. 84034. 10. The applicant shall provide a landscape plan for additional coniferous plantings along the Shingle Creek Parkway and decorative trees along the greenstrip south of Spec. 11. This plan shall be subject to approval by the City Council and shall become a part of the development plans to be completed prior to release of the financial guarantee required by Condition No. 3. 11. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 12. Special use permit approval acknowledges up to 50% office occupancy in the Spec. 10 building. Any office occupancy over 50% of the gross floor area is subject to amended approval of this application and Application No. 84034. 13. As- built utility surveys for the development shall be submitted to the Engineering Department prior to release of the financial guarantee. 14. A cash escrow, in an amount to be determined by the City Manager, shall be submitted to cover the cost of street cleaning associated with the placement or removal of fill on the site. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Application No. 84034, subject to the following conditions: 1. Fifty -two (52) parking stalls to be constructed on Tract C, R.L.S. 1564 shall be legally encumbered to the sole use of Tract B of R.L.S. 1564. Said encumbrance to be subject to review and approval by the City Attorney. Voting in favor: tayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. PLANNING C APPLICATI NO. F SUEP BY L. CRA COMPANY FOR EXTE OF THE SPECIAL USE P APPR_C 1 U DER AP_PLICAT_ NO. 83037 FO R AN OFFI CO N CO MINIUM PROJEC ON I R5 [Ct ):I: La1ivL AT i'HH SOL'TEiYvEST ;E.R OF LROGKLYN FsOULEVAR AIyD I -94 _ _ 10 -15 -84 -7- The Director of Planning & Inspection presented pages three through four of the October 4, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84032. 'The Director of Planning & Inspection explained that the applicant is requesting extension of the special use permit for an office condominium project granted approximately one year ago. He proceeded to review the location of the subject parcel and explained that no changes are proposed to the original site and building plan. He then explained that, at the public hearing held by the Planning Commission, the owner of the property adjacent to the access point for the project requested screening of the area. He added that the applicant has agreed to the requested screening from the street area. The Director of Planning & Inspection reviewed the 14 conditions of approval passed by the City Council at their original approval of the special use permit and also noted that the Planning Commission recommended an additional condition regarding soil corrections which he reviewed for Council members. He also noted that the staff has recommended a 16th condition regarding the screening of the street area at the access point into the project. The Director of Planning & Inspection explained that a hearing is required on the application and that property owners in the area have been sent notices regarding this evening's public hearing. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No, 84032. Mayon Nyquist inquired of the applicant whether he had any problem with the 16th condition recommended by staff. The applicant replied that he had no problem with the condition regarding the screening to the street area. Mayor Nyquist recognized Mr. Paul Holmlund who expressed a concern that a security fence be built to fence the pond on the site. He added that he also assumes that some landscaping will also go in, in addition to the security fence. The applicant replied that he has no problem working out an agreement for a security fence and screening. Mayor Nyquist recognized Mr. Jim Pusse, 6506 Indiana Avenue North, who expressed a concern over the drainage around the berm areas. The City Manager noted that the engineering department has complete review authority of any drainage plans submitted with the project. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one else 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. 84032. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. There was a motion by Councilmember• Scott and seconded by Councilmember Lhotka to approve Application No. 84032, subject to the following conditions: 1. The special use permit is subject to all applicatle codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. Opaque fencing; shell be instilled ,:long ;,ropy rty lines abutting neighboring residences where none r rr : £ ntly exists. Where f 't, �?,� , st y ca de�; < >e row of Ur1C'�.;�rlery sr�all be pl�3nte ��nc1 m <iintained for screen.in_ purposes. 3. The median in Brooklyn Boulevard shall be extended 100' to prevent left hand turns into and out of the proposed complex. Said median extension shall be the responsibility of the applicant under permit from ::i /DOT. The median extension shall be approved by 1'i: /DOl prior to the issuance of building permits and construction of the median shall be in conjunction with the construction of the office complex. 4. Medical occupancy of the office complex shall be limited by the parking available on the site or shown on a proof -of- parking plan to be submitted by the applicant. 5. The applicant acknowledges that no access to this site from Indiana /66th Avenue North (to the west of the site) shall be granted now or in the future. 6. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 7. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 8. 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, including median construction on Brooklyn Boulevard. 9. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 10. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 11. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 12. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 13. B612 curb and gutter shall be provided around all parking and driving areas. 14. A deceleration lane shall be installed in accordance with hII /DOT 10 -15 -84 -9- recommendations and the sidewalk along the west side of Brooklyn Boulevard shall be relocated onto the applicant's property with the granting of an easement for sidewalk purposes. 15. Soil correction and introduction or removal of fill on the site shall be subject to the issuance of a grading authorization by the Director of Public Works and the Director of Planning and Inspection. A cash escrow, in an amount to be determined by the City Manager, shall be submitted to defray the cost of street cleaning associated with the site preparation, 16. A screening and security fencing plan consistent with the City Council's approval shall be submitted and verified prior to the issuance of building permits. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8 :32 p.m. Deputy City Clerk May