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HomeMy WebLinkAbout1984 08-06 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 AUGUST 6, 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 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspectiom Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Mayor Nyquist. 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 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 of the Council members requested any items removed from the Consent Agenda. Councilmember Theis requested item 9c be removed from the Consent Agenda. PERFORMANCE BOND RELEASE There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to release the performance guarantee on Evergreen Estates, 857 to 885 70th Avenue North (Planning Commission Application No. 82031) in the amount of $3,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES FOR 1984 PRIMARY ELECTION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to appoint the election judges for the September 11, 1984 primary election as per the list submitted to the City Council by the City Clerk. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 84 -115 Member Bill Hawes introduced the following resolution and moved its adoption; RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1983 -J (MUNICIPAL SERVICE GARAGE IMPROVEMENT PROJECT NO. 1982 -28, PHASE III) The motion for the adoption of the foregoing resolution was duly seconded by member 8 -6 -84 -1- 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. RESOLUTION NO. 84 -116 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -C (STREET IMPROVEMENT PROJECT NOS. 1984 -03 AND 1984 -04) 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. RESOLUTION NO. 84 -117 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN CROMER MANAGEMENT, INCORPORATED AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM 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. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the following list of licenses: AMUSEMENT DEVICE- OPERATOR LICENSE Pizza Factory 6816 Humboldt Ave. N. Snyders Brookdale Center GARBAGE AND REFUSE HAULERS LICENSE Crosstown Sanitation 10110 38th Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Jaycee Women 4152 Welcome Ave. N. MECHANICAL SYSTEMS LICENSE The Energy Barn 17441 Highway 10 E. Flare Heating 664 Mendelssohn Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - JULY 23, 1984 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of July 23, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting 8 -6 -34 -2- against: none. The motion passed. Scott ate- tained from the vote as she was not present at the July 23, 1984 mccting. RESOLUTIONS (CONTINUED) Administrative Assistant Bublitz introduced a Resolution Establishing Sidewalk Improvement Project No. 1984 -14 and Accepting Proposal for Construction Thereof. He explained the project provides for construction of sidewalk along the west side of Humboldt Avenue from Amy Lane northerly to 72nd Avenue as recommended by the Administrative Traffic Committee. The Director of Public Works reviewed the existing sidewalk system in the area and explained the request was from residents in the neighborhood and was directed at children crossing Humboldt Avenue at 71st and 72nd Avenues where there are adult crossing guards. He explained, children who live on Amy Lane apparently walk in the street along Humboldt Avenue to the 72nd Avenue intersection where a school crossing guard provides access to the Evergreen School area. He explained the proposed sidewalk would bring children to the adult crossing guards. Councilmember Theis inquired whether the sidewalk fits into the City sidewalk plan and whether other areas similar to this exist in the City. The Director of Public Works explained he did not check the 1970 sidewalk plan but he believes the sidewalk would fit into that plan. He added that there are also other areas in the City with similar situations. Councilmember Lhotka stated that if a similar request will be forthcoming from the residents along Woodbine, it would appear to be cheaper to do the project all at once. The Director of Public Works stated that a lower price on unit prices could possibly be received but essentially this project is responding to a request from a specific neighborhood. He added that the City should be able to get a good price on the project. RESOLUTION NO. 84 -118 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT NO. 1984 -14 AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF 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. Administrative Assistant Bublitz introduced a Resolution Approving Purchase of a Microprocessor for Use by the Vehicle Maintenance Division. The Director of Public Works explained the purpose of the microprocessor is to utilize the Vehicle Management System Program recently developed by LOGIS. He explained the program is designed to keep track of operating costs of specific done manually. He explained the 'a equipment and that this is currently Y F ices of e u Y P q F program is designed to obtain a better idea of the costs for equipment, such as down time and repair costs. He pointed out the pay back will be improved information for management decisions on what vehicles and equipment to trade or when to buy or repair equipment. 8 --6 -84 -3- i I I j Mayor Nyquist questioned whether the $750 per month operational cost would be an ongoing cost. The Director of Public Works explained the cost would be ongoing and that the same amount of information obtained manually would require additional personnel, but that the cost of the new system would be higher than the cost of the manual information the City is currently generating. I Councilmember Lhotka inquired as to the long term pay back in terms of dollars. The Director of Public Works replied that currently the City spends between $100,000 to I $150,000 for new equipment annually, and that the equipment maintenance cost is approximately $300,000 per year. He added that a savings of 5% would provide a pay back almost immediately and that the City should be able to expect a 5% savings with the new system. Councilmember Theis inquired whether the system was interfaced with the computerized gas pumps and whether or not the system would interface with the City's accounting system. The Director of Public Works explained the equipment management system is interfaced with the accounting system and as an example the system could generate purchase orders. He also noted that the cost of gas, labor i and parts could be entered through the microprocessor. Councilmember Scott inquired if there was any problem with future time availability on the computer as other cities come on to the system. The Director of Public Works explained that this was a concern of the Public Works Directors and that LOGIS had assured the City there is adequate time, even with other cities coming on line in the l future. Councilmember Hawes asked how many vehicles would be covered by the system. The Director of Public Works explained that the vehicles range fromlight to heavy and run from lawnmowers to squad cars all the way up to heavy equipment. He added that the system could also be applied to the City s lift stations. Initially, he stated 150 units would be put on the system with eventually as many as 250 to 300 units. The Council continued its discussion of the proposal and expressed certain concerns over the cost of the program. Councilmember Lhotka stated that he feels cost is a big factor and that he currently does not have enough information to justify the j purchase of the microprocessor. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table consideration of the Resolution Approving Purchase of a Microprocessor for Use by the Vehicle Maintenance Division until the August 20, 1984 City Council meeting to allow staff more time to prepare additional information for the City Council. I PLANNING COMMISSION_ APPLICA NO. 8 4024 SUBMI B Y DR. JOHN B. LESCAULT_ FOR SPECIAL USE PERMIT AP PROV AL TO EXP AN EXISTING CHIROPR4CTOR'S C FF°:CCF HOME OCCUPATION AT S2 BROUKLY1 BOULEVARD PLANNING C OMM ISS ION APP LICATION N0. 84 025 SUB BY DR. JOHN B. LES FOR A VARIANCE FROM SECT ION 3 OF THE SIGN O RDINANC E TO ALLOrr` A 24 S(. HO 1 OCCUPATIO14 SIGN AT b142 EPtOOKLY OUL.0 VAR The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 5 of the July 26, 1984 Planning Comuiis.sion meeting minutes and also the Planning Commission information sheet prepared for Application No. 84024. fie i 8 -6 -84 -4- I then reviewed a transparency of the subjeet parcel showing its location and noted that the parcel was zoned R1. He explained the home occupation has been conducted at the location since 1974 under an administrative ruling indicating that it was a permitted use. The Director of Planning noted that since 1974 various Planning Commission and City Council rulings have placed a chiropractor's office under the home occupation requirements of the City zoning ordinance. The Director of Planning & Inspection reviewed the applicant's letter, site survey and buildin g P g plans describing the home occupation and the proposed addition. He also noted that Dr. Lescault desires to bring in a nonresident employee who would be an intern from a local college. The Director of Planning then reviewed a transparency showing the proposed expansion. He also reviewed the parking requirements for the site. The Director of Planning & Inspection stated that, following a public hearing on the application at which a neighbor of Dr. Lescault spoke, the Planning Commission acted on the application. He explained the Planning Commission at its August 9, 1984 meeting recommended approval of Application No. 84024, subject to ten findings, conditions and considerations which he reviewed for Council members. The Director of Planning & Inspection next reviewed Planning Commission Application No. 84025 and noted that the applicant was requesting a variance from the City sign ordinance. He noted the applicant was requesting approval of a variance from Section 34 -140 to allow a 4' by 6' 24 sq. ft. illuminated sign for the chiropractor's office in the residence at 6142 Brooklyn Boulevard. He added the City sign larger than 2.5 s n to be no q ordinance allows home occupation signs . ft. He next g reviewed the standards for a variance specified in the City's zoning ordinance. The Director of Planning & Inspection pointed out that at the Planning Commission, after a public hearing on Application No. 84025, recommended denial of the application on the grounds that the standards for a sign ordinance variance were not met in this case. The Director of Planning & Inspection pointed out that a public hearing on the applications is required and that the applicant is present this evening. Mayor Nyquist expressed a concern that the Council is faced with a dilemna in that logic indicates that the area in question is different from a typical residential zone. However, he pointed out the zone is R1 and it is apparent to him that the City should look into developing a policy on redevelopment. The Director of Planning & Inspection noted that the Planning Commission has not made any recommendations against the residential expansion in this case, only for the home occupation expansion. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 84024 and 84025, and inquired if there was anyone present who wished to speak at the hearing. Mayor Nyquist recognized the applicant Dr. Lescault who stated he believes his house meets all the setback requirements and that he did not anticipate having quite such a problem when he submitted this application. He added that he is building the expansion for convenience and that he is a small "mom and pop" operation. He also noted he lacks sufficient land to be able to request commercial zoning. He stated he knows that the letter of law must be applied evenly, however, he believed his 8 -6 -84 -5- I request would create a different situation in a more quiet residential area as opposed to Brooklyn Boulevard. j Mayor Nyquist inquired if there was anyone else 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 Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application Nos. 84024 and 84025. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka inquired as to the status of property on Brooklyn Boulevard regarding commercial versus residential uses. The Director of Planning & Inspection replied that the City's Comprehensive Plan has some specific recommendations for this area and that the Planning Commission recommends conversion of Dr. LescaultIs property and the surrounding property to a C1 zone. He added the Comprehensive Plan acknowledges the need for changes in land use but does not take any action to change it. He explained the City's current role is one of reacting to proposals for development and that the other alternative would be for the City to take a more proactive role in redevelopment along Brooklyn Boulevard. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to following findings, conditions and approve Application No. 84024, subject to the g considerations: j 1. Special use permit approval is deemed necessary for the home occupation in question in light of the following factors: a. the extent of the home occupation use within the dwelling unit b. the level of traffic generated by the home occupation c, the use of equipment not normally found in a residential dwelling unit d. the employment on the premises of one nonresident employee r 2. Special use permit approval is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 4. Special use permit approval acknowledges employment on the premises of not more than one nonresident employee. 5. A chemical fire extinguisher shall be installed in the area of the home occupation. I 6. The hours of operation shall not be later than 6:00 p.m., with no hours on Sunday. i 7. All parking associated with the home occupation shall be off- street on improved space on the applicant's property. 8. Special use permit approval acknowledges use of the five rooms in the southerly portion of the residence, an area of approximately 545 sq. ft. for the home occupation use. 9. Special use permit approval specifically forbids the expansion of the dwelling or any accessory structure or use of other space than that outlined in Condition No. 8 above to be used for the home occupation on the grounds that such expansion of the use cannot be justified under the standards contained in Section 35 -220 of the Zoning Ordinance. 10. Special use permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. In discussion of the motion, Councilmember Hawes stated he bel.i"eves-this home occupation has gone beyond the scope of home occupations, and that he believes the Council should seriously look at the definition of what a home occupation is. Councilmember Theis stated that he agrees with the motion but that the area is certainly not a residential area. Upon a vote being taken on the motion, the following voted 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 deny Application No. 84025 on the grounds that the standards for a sign ordinance variance are not met in this case. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MOTION ON REDEVELOPMENT POLICY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to authorize the staff to proceed on the preparation of a Redevelopment Policy for Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 84026 SUBMITTED BY BROOKDALE COVENANT CHURCH FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A MEDIATION, RECONCILIATION, AND COUNSELING CENTER IN THE FORMER PARSONAGE OF BROOKDALE COVENANT CHURCH AT 5139 BROOKLYN BOULEVARD Mayor Nyquist turned the meeting over to Mayor Pro tem Scott and indicated he was doing so because he was on the Board of Trustees of the Church and would, therefore, refrain from any consideration of this item. Mayor Nyquist left the Council table at 8:20 p.m. The Director of Planning & Inspection presented and reviewed for Council members pages 5 and 6 of the July 26, 1984 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 84026. He 8 -6 -84 -7- ! reviewed the location of the subject parcel and noted that the zoning of the parcel was R1. He then reviewed the applicant's letter requesting the special use. The Director of Planning & Inspection pointed out that following a public hearing on the application, the Planning Commission recommended approval of Application No. 84026, subject to four conditions which he reviewed for Council members. He then noted a public hearing was scheduled for the application this evening and that a representative of the applicant was present. Mayor Pro tem Scott opened the meeting for the purpose of public hearing on I Application No. 84026. Mayor Pro tem Scott recognized Mr. Dwight Johnson, Vice Chair of the Church Board. He explained that he was active in the Brooklyn Center Mediation Project and that the church membership has given approval of the proposal. Mayor Pro tem Scott recognized Mrs. Barbara Jensen with the Brooklyn Center Mediation Project. Mrs. Jensen explained that she was enthused about sharing the facility with the other organizations and felt that it would be a positive addition to the community. Mayor Pro tem Scott inquired if there was anyone else who wished to speak at the I public hearing. No one requested to speak and she 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 on Application No. 84026. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Hawes stated he would abstain from voting on the application because of his affiliation with the Mediation Project. I There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 84026, subject to the following conditions: 1 1. Permit approval is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for i revocation. 1 2. The special use permit is issued to the applicant for a Mediation, Reconciliation and Counseling center use and is nontransferable. 3. Building permits are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Special Use Permit approval acknowledges that the Mediation, Reconciliation, and Counseling center will not be operated currently and /or in conflict with Brookdale Covenant Church services. Parking for the Mediation, Reconciliation and Counseling Center shall be off - street on space provided in the Brookdale Covenant Church parking lot. I i 8 -6 -84 -8- Voting in favor: Mayor Pro tem Scott, Councilmembers Theis and Lhotka. Voting against: none. Mayor Nyquist and Councilmember Hawes abstained from the vote. Mayor Nyquist returned to the Council table at 8:30 P.M. ORDINANCES Administrative Assistant Bublitz introduced An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land. He noted the ordinance is offered for a first reading this evening and comprehends Planning Commission Application No. 84013 which is the H.E. Homes proposed office condominium project on Brooklyn Boulevard. for bringing the reason o The Director of Planning & Inspection explained the r g g Th g 'n c of building 1 issuance e to not delay the is g is evening is Y ordinance to the Council th g permits for the project. He explained the final adoption of the ordinance will be contingent on the filing of the final plat. i There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Changing the Zoning Classification of Certain Land and to set the public hearing date for the ordinance on the 10th day of September, 1984 at 8:00 p.m. A DJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adjourn g g . 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 8:34 p.m. Deputy City Clerk Mayor i 8 -G -84 -9-