HomeMy WebLinkAbout1984 02-27 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
FEBRUARY 27, 1984
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by
Mayor Dean Nyquist at 7:04 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy
Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron
Warren, City Attorney Richard Schieffer, and Administrative Assistant Brad
Hoffman.
I NVOCATION
The invocation was offered by Pastor Guderian of Harron Methodist Church.
OPEN FORUM
Mayor Nyquist noted the Council had not received any requests to use the Open Forum
session this evening. He inquired of the audience if there was anyone present who
wished to address the Council. There being none, he proceeded with the regular
agenda items.
CONSENT AGENDA
Mayor Nyquist inquired if any Council members requested any items removed from the
Consent Agenda. Councilmember Hawes requested item 12 be removed from the Consent
Agenda. The City Manager Gerald Splinter requested that item 8d be removed from the
Consent Agenda.
APPROVAL OF MINUTES - FEBRUARY 13, 1984
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve the minutes of the City Council meeting of February 13, 1984 as submitted.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 84 -25
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING LIFT STATION IMPROVEMENT
PROJECT NO. 1983 -09, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING
ADVERTISEMENT FOR BIDS (CONTRACT 1984 -B)
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, 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.
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RESOLUTION NO. 84 -
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION RECEIVING CITY ENGINEER'S REPORT, E�lTIABLIS 6. II G STREET I PROVEMENT
PROJECT NO. 1984 - 03, AND CALLING FOR A HEARING ON I".PROVEME IT PROJECT` NO. 1984 -
( HALIFAX AVENUE AND 70TH AVENUE STREET IMPROVE1ki f ' ')
The motion for the adoption of the foregoing resolution was duly seconded by member
Bill Hawes, and upon vote being taken thereon, the foollowing voted in favor thereof:
Dean Nyqui -st, 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.
R ESOLUTION NO. 84 -
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING 198 EMPLOYEE POSITION AND CLASSIFICATION :PLAN
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 Hawwes, and Rich Theis; and the
following voted against the same: none, whereupon said resolution was declared
duly passed and adopted.
P BY NORTH STA RACE TRACK ASSOCIATI
The North Star Race Track Association represented, by Charles Weaver requested the
Council to support a resolution in support of a race track to be located in the City
of Blaine. Following a brief presentation, Councilmember Theis inquired as to the
relationship of the proposed track with the new bridge. Charles Weaver described
ti -.e location to the Council noting that it is in closer proximity to 35ty and I -694
than it was to the proposed new bridge. Counci.lmembers Lhotka and Theis both
i ndicated their preference for a site on the north side, and further indicated their
desil.re triat it would provide for jobs in the immediate area. Councilmember Hawes
inquired as to the staff position relative to the development of ;a race track in
Blaine. The City Manager indicated that the staff had not taken a position on the
race track, and indicated that the impact of such a develognent should be minimal in
Brooklyn Center.
RESOLUTI (CONTINUED)
R :SO .Li`! ' 40N 140. 8 -28 -28 r
I e, nbe ° Gene Motka introduced the following resolution and moved its adoption:
RESOLUITION SUPPORTING THE LOCATION OF A RACING i °'AGILITY IN THE CITY OF BLAINE
The motion for the adoption of the foregoing resolution was duly seconded by me fiber
Rich Theis, and upon vote being taken thereon, the following voted in favor thereof:
Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and rich Thei6; and the
followi voted against the same: none, whereupon said res=olution was declared
duly passed and adopted.
PLA NNIN G CC' r41S ITEM
iTTE',dII G ffL 1IS APPLICATION 140. 84001 SUFM,1 TT_FD BY REyf OLD S_ FOME a, T C. FOR
S_11 - 1 1 ;; AND Or AA ?� 4I'i' i 0rd:`�ii��JSE i'1�C?�i T Off: H Qi.`::�A.L):,EI`
F Lv_R t,? P„G PGKTY
2- 27 -84 -2-
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' PLAP�IyI�� � 1111 COiNiIS.,IO.d APP T �C ATIC�I�, _N0. 8 60 SUBM B RE YNOLDS HOMES; INC. FOR
PRELIMI IARY PLAT APPROVAL TO �UBDTVID IN'T'O 28 T( S- LOTS, ONE C01 AREA, AND
FOUR Rr3I DE1TITIAL LOT THE OLD MADSEN FLORAL PROPE?RTY AND RESIDENCE AND FOUR
NEIG IiIG RT SID ' TIftL LOTS
The Director of ?i annir,g & Inspection presented and reviewed for Council members
pages 2 through 6 of the January 12, 1984 Planning Commission meeting, and pages 1
through 4 of the February 16, 1984 Planning Commission meeting in which the Planning
Application Nos. 84001 and 84002 had been reviewed.
Planning Director Warren explained that the townhouse development would be 3.35
acres which works out to a total of 26.8 units at 8 units per acre. He noted,
therefore, that the density credit for one unit was being sought. He recalled for
the Council discussion regarding this matter during a previous year in which it was
decided that a density credit to allow the completion of a seventh quad home would be
allowed, but that a density credit to allow an additional quad home would not be
allowed. He also noted that the new plan provided for more fencing and less
landscaping. He recommended that the landscape plan called for a mixture of 6
diameter trees, not all of one species. He reviewed the size of the units but he
noted that the gross square footage of each unit was 1,956 sq. ft. with 440 sq. ft.
for garage space leaving 1,516 sq. ft. for living space. Following the Planning
Director's presentation, Councilmember Hawes inquired if Council approval of the
application would mean that there would be no fence in the future at the site.
Planning Director Warren replied that it did, but that did not prevent the
association from fencing those portions in the future. Mayor Nyquist then called a
public hearing to order on Planning Commission Application Nos. 84001 and 84002, and
An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as
being within the R3 Zoning District. Mayor Nyquist then recognized Mr. Robert
LaVerne Dingl.ey, 5621 Camden Avenue North.
Mr. Dingley expressed his concern with the proposed development indicating he felt
that the proposed construction was less than adequate. There being no other
individuals wishing to speak at the public hearing, Mayor Nyquist requested a motion
to close the public hearing. There was amotion by Councilmember Scott and seconded
by Councilmember Hawes to close the public hearing. Voting in favor: Mayor
Nyquist, Councilmember Lhotka, Scott, Hawes, and Theis. Voting against: none.
The motion passed unanimously.
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
approve Planning Commission Application No. 84001, 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.
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4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all common parking
I
and driving areas.
7. No building permits shall be issued for the project until the plat
comprehended under Application No. 84002 has been given final
approval by the City Council and filed at the County.
8. Plan approval ackno „ledges the proposed landscape treatment as
fulfilling the intent of the Zoning Ordinance requirement for 4'
high opaque screening where an R3 development abuts R1 zoned land.
9. As -built surveys of all utility installations in the project shall
be submitted prior to release of the performance guarantee.
10. Plan approval acknowledges a density credit for one townhouse unit
as a result of the under building parking provided (per Section
35 -4CO, Subdivision 1(b) of the Zoning Ordinance) to allow no more
than 28 townhouse units on this 3.35 acre site.
11. The landscape plan shall be revised to provide fencing adjacent to
5507 Camaen Avenue North and to diversify the 6” diameter trees in
the project.
Voting in favor: mayor Nyquist, Councilmen. bers l.hotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
There was a motion by Councilmember Theis and seconded by Councilmember Scott to
approve Planning CerFznission Application No. 84002, subject to the following
conditions:
1. The finial plat is subject to review and approval by the City
Engineer.
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2. The final plat is subject to the provisions of Chapter 15 of the
City Ordinances.
3. The owner of the townhouse portion of the plat shall enter into a
utility hookup agreement for water and sewer service to the town -
house project prior to final plat approval.
4. The Association documents for the townhouse development shall be
subject to review and approval by the City Attorney prior to final
plat approval.
5. The OW er shall enter into a standard utility maintenance
agreement with the City as approved by the City Engineer prior to
final plat approval.
2 -27 -84 -4-
6. The plat shall be revised to indicate utility and drainage
easements as required by the City Engineer to provide necessary
service to the subdivision.
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 Hawes to
approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances
Classifying Certain Land as being within the R3 Zoning District. Voting in favor:
Mayor Nyquist, Councilmember Lhotka, Scott, Hawes, and Theis. Voting against:
none. The motion passed unanimously.
ORDINANCES
The City Manager introduced the next agenda item, noting that these were basic
housekeeping changes in the City Charter, as recommended by the Charter Commission
chaired by Donn Escher. " There was a motion by Councilmember Lhotka and seconded by
Councilmember Scott to approve An Ordinance Amending the Brooklyn Ce nter City
Charter for a first reading. Voting in favor: Mayor Nyquist, Councilmembers
Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed
unanimously.
DISCUSSION ITEMS
YEAR 2000 STUDY
Mayor Nyquist reviewed his list of appointments to a Year 2000 Study. He requested
the Council's approval of his recommended appointments. There was a motion by
Councilmember Scott and seconded by Councilmember Hawes to approve the Mayor's
recommended appointments to the Year 2000 Study, including the chairman. Voting in
favor: Mayor. Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
69TH AVENUE SPEED LIMIT
The City Manager introduced the Chairman of the Traffic Safety Committee, Phil
Cohen. Phil Cohen then addressed the Council reviewing a proposed Resolution
Requesting an Opinion from the City Attorney Regarding the 69th Avenue North and
Shingle Creek Parkway. Phil Cohen noted that there is a need to review the laws to
which 69th Avenue . is subject. Councilmember Hawes inquired if the proposal took
into consideration the proposed changes on Shingle Creek and 69th Avenue. Mr.
Cohen affirmed that such consideration was accounted for. Councilmember Lhotka
inquired if there was a safety problem along 69th Avenue. The Public Works Director
Sy Knapp noted that the number of accidents along 69th Avenue was significant, that
the problem was more perceived than actual. He noted that the most significant
number of accidents occur at the intersections of Brooklyn Boulevard and T.H. 252,
and were in fact, intersection related accidents as opposed to 69th Avenue
accidents. .
The Public Works Director then reviewed radar surveys for the area of 69th. Avenue.
Following a brief discussion, there was a motion by Councilmember Theis and seconded
by Councilmember Hawes to accept and approve the recommendations contained in the
resolution from the Traffic Safety Advisory Committee and titled Resolution
Requesting the City Council to Approve Obtaining an Opinion from the City Attorney
Regarding the Area of 69th Avenue North and Shingle Creek Parkway. Voting in favor:
Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:
none. The motion passed unanimously.
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DE- ANNEXATION OF SALITROS PROPERTY LOCATED ON THE NORTE] AND EASTERN EDGE. OF RYAN
L AKE
The City Manager briefly a proposal to allow the annexation of the property
to the City of Minneapolis for perpetual dedication•of the land to public park
purposes. The City Manager gave a brief history of the site noting the interest of
both the City of Minneapolis and Robbinsdale in the site. He also noted that the.
site proposed logistical problems for the City to service that area. He further
stated that to provide police services and fire services through the area it was
necessary to drive through either Robbinsdale or Minneapolis to reach the area.
There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
continue to explore the possibility of allowing the annexation of the Salitros
property by the City of Minneapolis. Voting in favor: Mayor Nyquist,
Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
UPDATE ON TRI -CITY AIRPORTS COMMISSION
The City Manager introduced the next agenda item noting that currently there are
discussions about the possibility of getting rid of the Crystal Airport.
Councilmember Hawes rioted that the next meeting by the Tri -City Airport Commission
would be held February 2$.
; L EGISLATIVE COIMMISSION
The City tanager introduced the next agenda item noting that a Municipal Legislative
Commission has been formed by a joint powers agreement to develop joint lobbying
efforts for suburban municipalities. He also stated that Brooklyn Center had been
asked to join the group. A brief discussion then ensued relative to the group's
original second ring membership composition. Councilmember Theis indicated a
desire to be associated with a suburban organization with the same interests as
Brooklyn Center as opposed to one that would primarily represent second ring
suburbs. Councilmember Hawes expressed his concern with lobbying, although, he
indicated an understanding of the need for such activities and he feels that is
necessary to ensure adequate representation for Brooklyn Center people. Mayor
Nyquist requested that the City Manager pursue the matter further and that he
further inquire of other first ring suburbs their intent to join the organization.
The City Manager noted that with the diversity of groups there is an opportunity for
disagreement and diversions on certain issues. He indicated to the Council that he
would further investigate the lobbying organization and report back to the Council.
AUTHORIZ FOR ACQUIR RIGHT OF WAY FOR REALIGNIMENT OF SHINGLE CREE -Y PARKWAY
AND 69TH Ab' E%vE NIORTH INTERSECTIO �i
The City A Eorney briefly reviewed the situation relative to the realigrurnent of the
intersection of 69th Avenue North and Shingle Creek Parkway. He noted that it would
be necessary to acquire the needed property through ccndemnation in order to rectify
the current title situation and to remain on schedule.
The Director of Public Works reviewed two options for the intersection, both of
which would require additional land, and therefore, necessary to acquire that land
through condemnation.
There was a motion by Councilmember Hawe4 and seconded by Councilmember Scott to
authorize condemnation acquisition of land necessary to complete the redesigned
intersection of 69th Avenue North and Shingle Creek Parkway. Voting in favor:
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Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:
none. The motion passed unanimously.
Councilmember Lhotka further indicated that he would like some price estimates for
the acquisition.
APPOINTMENT TO THE NORTHWEST HUMAN SERVICES COMMISSION
Mayor Nyquist introduced the next agenda item and indicated that he was recommending
Frances Gunberg to replace Ember Reichgott as the City's representative to the
Northwest Human Services Advisory Council. Mayor Nyquist commended Ms. Gunberg
for her previous volunteer work and activities and indicated that he thought she was
adequately suited to represent the City. There was a motion by Councilmember Scott
and seconded by Councilmember Theis to approve the appointment of Frances Gunberg to
the Northwest Human Services Advisory Board. Voting in favor: Mayor . Nyquist,
Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
LICENSES
Mayor Nyquist introduced the next agenda item and recognized Councilmember Hawes.
Councilmember Hawes indicated his concern with the accessibility of cigarette
machines in public business places to minors. He suggested that he would like to
consider an ordinance that would require the placement of such machines where they
could be monitored by the management for that particular facility. Following a
brief discussion, the City Manager indicated that he would look at the feasibility
of such a requirement and report back to the Council.
There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to
approve the following list of licenses:
BULK VENDING MACHINE LICENSE
Brooklyn Center Lions 5712 Humboldt Ave. N.
K -Mart 5930 Earle Brown Drive
K -Mart 3600 63rd Ave. N.
CIGARETTE LICENSE
Wes' Standard 6044 Brooklyn Blvd.
GASOLINE SE RVICE STATION LICENSE
Green Meadows 3319 49th Ave. N.
MECHANICAL SYSTEMS LICENSE
Advanced Heating 7805 Beech Street NE
NONPERISHABLE VENDING MACHINE LICENSE
Cass Screw Company 4748 France Ave. N.
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Herman's World of Sporting Goods Brookdale Center
K -Mart 5930 Earle Brown Dr.,
K -Mart 3600 63rd Ave.' N.
Major Vending 7440 Major Ave. N.
2 -27 -84 -7-
M & S Drug Emporium 5900 Shingle Cr. Pkwy.
Midas Muffler Brookdale Center
Modern Control 6820 Shingle Cr. Pkwy.
Sun Land Solar 5740 Brooklyn Blvd.
Miernik Vending 7258 Commerce Circle
Brookdale Tower 2810 County Rd. 10
Hiawatha Rubber 1700 67th Ave. N.
Marc's Budgetel 6415 Janes Circle
NSI /Griswold Co. 8300 10th Ave. N.
Lynbrook Bowl 6357 1. Lilac Dr.
Red Owl Stores, Inc. 215 E. Excelsior Ave. N.
Country Store 3600 63rd Ave. N.
Royal Crown Beverage Co. P.O. Box 43466
Car X Muffler 6810 Brooklyn Blvd.
Hi -Lo Manufacturing 6520 James Ave.
North Star Dodge 6800 Brooklyn Blvd.
Northport School 5421 Brooklyn Blvd,.
Warner Hardware 2105 57th Ave. N.
P ERISHABLE VENDING MACHINE LICENSE
Major Vending 7440 Major Ave. N.
Modern Control 6820 Shingle Cr. Pkwy.
Miernik Vending 72558 Commerce Circle
Brookdale Tower 2810 County Rd. 10
Hiawatha Rubber 1700 67th Ave.
Marc's Budgetel 6415 James Circle
READIL PERISHABLE FOOD VEHICLE L ICENSE
Ted Burlingame 5919 June Ave. N.
RENTAL DWELLING LICENSE
Initial
George & Susan Patten 5912 Admiral Lane
Gale W. Pierce 6213 Beard Ave. N.
Kenneth & Barbara Kramer 5801 Brooklyn Blvd..
Gregory J. Blazek 6515 Brooklyn Blvd.
Patrick Breitkreutz 6301 ,Brooklyn Dr.
D. L. Jurries Ent. 6518 Chowen Ave. N.
Patricia Perrozzi 7006 Girard Ave. N.
Lyndon & Carole Carlson 5819 Halifax Ave. N.
Alfred & Edna Herlitz 5200 Howe Lane
David Busken 5310 James Ave. N.
Gerald C. Salstrom 6313 Kyle Ave. N.
Jon & Elaine Rask 4201 Lakeside Ave. #105
Dennis & Eunice Temple 4201 Lakeside Ave. #108
Allan & Lynne King 4201 Lakeside Ave. #215
Roman & Eva Gomez 4207 Lakeside Ave. #223
Sheldon & Janice Johnson 4207 Lakeside Ave. #1240
Daryl Loney 5931 Pearson Drive
Byron & Nancy Mach 4708, 4712 Twin Lake Ave.
R. Cilke, D. Batty, S. Finkenbinder° 60112 Washburn Ave. N.
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Hyun Choe 4512 63rd Ave. N.
Walter Jacks 3006 66th Ave. N.
Noll Davis 3827 69th Ave. N.
Renewal:
Multiplex Management Co. Unicorn Apartments
J. M. Rafter 6331, 6401 & 6425 Beard Ave.
Rudolph Olson 6505 Brooklyn Blvd.
John S. Tschohl 5345 Colfax Ave. N.
Bob Dale 6612 Dupont Ave. N.
Residential Alternatives 5449 Lyndale Ave. N.
Ernest W. Gertzen 5347, 49 Penn Ave. N.
Properties Inclusive 6733 Perry Ave. N.
H. & Val J. Rothschild, Inc. 5400 -5422 Ponds Dr.
H. & Val J. Rothschild, Inc. 5426 -5448 Ponds Dr.
Dennis Tollefson 5328, 30 Queen Ave. N.
Robert IMIessersmith 5338, 5340 Queen Ave. N.
Edward & Barbara Orndorf 6821 W. River Rd.
Kermath & Mary Beth Ward 3400 62nd Ave. N.
Properties Inclusive 3707 66th Ave. N.
SPECIAL FOOD HANDLING LICENSE
Marc's Budgetel 6415 James Circle
Betty Varcoe 974 Rice St. Terrace
Holiday Inn Gift Shop 1501 Freeway Blvd.
Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
ADJOURNMENT
There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to
adjourn the meeting. Voting in favor: Mayor Nyquist, Couneilmebmers Lhotka,
Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 9:43 p.m.
Deputy City Clerk Mayor
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