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Home My WebLink About1984 07-09 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 9, 19P CITY HALL CALL TO ORDER T`�ie Brookl n Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 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 Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Reverend John Peterson of the Lutheran Church of the Master. 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 who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist asked if any Council members requested any items removed from the Consent Agenda. Councilmember Theis requested approval of minutes removed from the Consent Agenda, as he was not present at the June 25, 1984 meeting. PERFORMANCE BOND REDUCTION FOR BROOKWOOD MANE Rf ESTATES, RESIDENCES There was a motion by Councilmember Scott and seconded by Councilmember Theis to reduce the performance bond for Brookwood Manor, Estates, Residences from $78,000 to $20,000 to insure installation and viability of all landscaping through the winter of 1985. LICENSE There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the following list of licenses: AID ?USEt =iEN DEVICE - OPERATOR LICENSE Beacon Bawl 6525 Lyndale Ave. N. Farrell's 5524 Brooklyn Blvd. Ground Round Restaurant 2545 County Road 10 T- Wrights 5800 Shingle Cr. Pkwy. AMUSEMENT DEVICE - VENDOR LICENSE Dalco Nuric 119 State St. Punkin Vending 3511 82nd Ave. N. Theisen Vending Co. 3804 iVicollet Ave. S. 7 -9--84 _l_ FOOD ESTABLISHMENT LICENSE Interstat e United Northwestern Bell 5910 Shingle Cr. Pkwy. i GARBAGE AND REFUSE VEHICLE LICENSE Bautch Disposal Service 10264 Xylite St. NE Big Garbonzo 15238 Central Ave. NE' j Brooklyn Disposal, Inc. 7858 191st Ln. NW Crosstown Sanitation 10110 38th Ave. N. Waste Control 95 W. Ivy St. I Waste Management 10050 Naple St. NE Art Willman & Son 62 26th Ave. N. i MECHANICAL SYSTEMS LICENSE D & D Anderson Heating - - -- R. R. 4 Box 254 Merit H.V.C. Inc. 13588 70th Ave. N. Rainbow Mechanical f 7241 Co. Rd. 116 NONPERISHABLE VENDING MACHINE LICENSE ARA 2830 N. Fairview Open Systems 2700'Freeway Blvd. j Coca Cola 1189 Eagan Ind. Rd Union 76 6901 Brooklyn Blvd. Miernik Vending 7258 Commerce Circle Earle Brown Apts. 1701 69th Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 25 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of June 25, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. Councilmember Theis abstained from voting as he was not present at the June 25, 1984 meeting. 1 s RESOLUTION NO. 84 -104 a Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION N0. 84019 SUBMITTED BY MR. JOHN GUIDER, 5115 EAST TWIN LAKE BOULEVARD E 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. DISCUSSION ITEM I BROOKLYN CENTER DIAMOND ANNIVERSARY COMMITTEE The City Manager explained the initial discussion regarding the Diamond Anniversary celebration was to combine the event with Earle Brown days. However, he pointed out, the.Earle Brown days celebration is held during what is usually the rainiest 4 i 7 -9 -84 -2- period of the summer. Mayor Nyquist noted that Mr. Phil Cohen has volunteered to, serve as a Chairman of the Diamond Anniversary Committee. Councilmember Theis stated he would be in favor of combining the two celebrations, if possible. The City Manager suggested that, perhaps the committee itself couldr work out a solution as to whether or not the two events would be combined. There was a motion by Councilmember Scott and seconded by Councilmember Theis to appoint Phil Cohen as Chairman of the Brooklyn Center Diamond Anniversary Celebration Committee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNIJTG COMMISSION APPLICATION NO. 84022 SUBMITTED BY MARANATHA NURSING HOME FOR EXTENSION OF THE SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL GRANTED UNDER APPLICATION NO. 83023 FOR AN OFFICE AND GARAGE ADDITION TO THE NURSING HOME AT 5401 69TH AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages one and two of the June 28, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84022. He reviewed the special use request and explained that it was an extension of the special use permit to add the garage and office addition to the nursing home facility. He noted the location of Maranatha Nursing Home is 5401 69th Avenue North and the area is zoned R1: The Director of Planning & Inspection recommended to the City Council that the applicant be required to agree in writing that additional parking will be installed should the City Council require it. He then reviewed the issue of the State Building Code regarding fire sprinklers. He explained the State Building Code requires that any addition of the nature proposed by Maranatha must include fire sprinklers. The Director of Planning & Inspection explained that, after the Planning Commission held a public hearing on the application at its June 28, 1984 meeting, the Planning Commission recommended approval subject to three conditions, which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84022, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak at the public hearing and Mayor Nyquist 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. 84022. Voting in favor: Mayor Nyquist, Councilmembers 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 Application No. 84022, 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. 7 -9 -84 -3- ` J j 2. The addition to the building shall be equipped with an automatic fire extinguishing system in accordance with NFPA standards and f two fire walls shall be constructed within the existing building at locations prescribed by the Building Official. 1, 3. The applicant shall submit in writing, prior to the issuance of permits, a statement agreeing to provide parking spaces in accordance with ordinance standards upon a determination by the City that full ordinance- required parking is needed. s I Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON AN INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL FROM RYAN CONSTRUCTION, INCORPORATED Administrative Assistant Hoffman pointed out to the Council that the Industrial { Development Revenue Bond proposal submitted this evening is the first one which was not committed by prior City Council action. Also, he noted that this IRB proposal will be subject to the recent federal legislation which limits the dollar amounts for IRBs and which is $7,060,000 for Brooklyn Center. He then noted the application before the Council this evening is for $2,900,000. He then informed the Council that Mr. Jim Ryan of Ryan Construction and Mr. Len Champers from Jurann and Moody are present this evening to answer any questions regarding the IRB proposal. 1 The City Manager stated that, because no other IRBs are pending other than this application, he would request the Council to direct the City Manager to review the City's guidelines on IRBs in light of the changes in federal law. He suggested that E the staff could return to the Council with a report in November. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to direct the staff to review the City's Industrial Development Revenue Bond j guidelines and report to the Council on their review in November, 1984. Mayor Nyquist opened the meeting for the purpose of a public hearing on an Industrial G Development Revenue Bond Proposal from Ryan Construction E Mayor Nyquist recognized Mr. Jim Ryan, President of Ryan Construction, who stated j that Ryan Construction will be purchasing approximately four acres from Byerly's, and if the project is approved this evening, construction is planned to begin within 60 days. He stated the completion date is planned for April or May of 1985. Councilmember Hawes inquired as to the number of stores proposed in the project. Mr. Ryan explained that there would be six to eight stores of a service retail orientation which would be planned in conjunction with the Byerly's store. Mayor Nyquist inquired if there was anyone else who wished`to� speak at the public hearing. • No one appeared to speak and he entertained a motion to close the public hearing. t There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to t close the public hearing on an Industrial Development Revenue Bond Proposal from Ryan Construction, Incorporated. Voting in favor: Mayor Nyquist, Couneilmembers Lhotka, ..Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. a 7 -9-84 - -4- i RE SOLUTION NO 84 -105 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TOO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8 :00 p.m. ORDINANCES The City Manager introduced An Ordinance Repealing Chapter 8 of the City Ordinances Relating to Food Sanitation and Adopting a New Food Sanitation Code. He pointed out the ordinance was first read on June 11, 1984, published on June 21, 1984, and is recommended for a second reading this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Repealing Chapter 8 of the City Ordinances Relating to Food Sanitation and Adopting a New Food Sanitation Code. He 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 Hawes to close the public hearing on An Ordinance Repealing Chapter 8 of the City Ordinances Relating to Food Sanitation and Adopting a New Food Sanitation Code. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none The motion passed unanimously. ORDINANCE NO. 84 - Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING CHAPTER 8 OF THE CITY ORDINANCES RELATING TO FOOD SANITATION AND ADOPTING A NEW FOOD SANITATION CODE The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: �',ayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 7 -9 -R4 -5- i The Brooklyn Center City Council adjourned at 8:01 p.m, j Deputy City Clerk Mayor j. I i w !!i (f I r: r { j` � I 7 -9 -84 -6-