HomeMy WebLinkAbout1982 03-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITE' OF BROOKLYN CENTER IN THE COUNTY OF
HEN14EPIN AkID THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 22, 1982
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7:05 p.m.
ROLL CALL
ror Bean Nyquist, Councilmembers Celia Scott, and Bill Hawes. Also present were
City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance
Paul Holmlund, Director of Planning & Inspection Ron Warren, Assistant City Engineer
4Iim Grube, City Attorney Richard Schieffer, and Administrative Assistant Tom' Bublitz.
Mayor Nyquist noted that Councilmember Lhotka was out of town this evening and
meeting this evenin g
the e
from h
the were
excused r g
Councilmember Thus was ill and that y
OCATIOt
The invocation was offered by Pastor Cilke from the -Brookdale Assembly of God Church.
MEN FORUM
Mayor Nyquist noted the Council had received a request to use the Open Forum session
from Mr. Lewis Bloom, 5637 Brooklyn Boulevard. Mr. 'Bloom stated that he had been
z Brooklyn Center since January of this year, that he was formerly a police officer
iU Bloomington, Indiana, served as Assistant City Attorney of Minneapolis for nine
years and was also previously employed with the Bureau of Criminal 'Apprehension. He
stated, that last Saturday he participated in a ride -a -long with the Brooklyn Center
Police Department and stated that he was extremely impressed with the Brooklyn Center
Police Department's professionalism and dedication. He stated that he rode with
Officers Dennis Flaherty, Steven McComb, and Andrew Moen. He explained he was very
impressed with the handling of a domestic by the officers, adding that they showed
real concern for the victim and took her to North Memorial Hospital and finally
placed her in a shelter. He added that he was also impressed with the handling
of traffic offenses by the officers and noted that they were handled courteously
and efficiently.
CONSENT AGENDA
yor NyT2ist inquired whether any of the Council members would request any items
lie removed from the consent agenda. Councilmember Hawes requested item 8a be re-
moved from the consent agenda,
APPROVAL OF MINUTES - MARCH 8, 1982
Scott and seconded b
Councilmember motion Councilmember Hawes to
There by
approve the minutes of the City Council meeting of March 8, 1982 as submitted.
Voting in favor: Mayor Nyquist, Councilmembers Scott, and Hawes. Voting against:
none. The =tion passed.
RES OLUTIONS
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i
RESOLUTION NO. 82 -45
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF MR. RICHARD HAGER
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, Celia Scott, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly
passed and adopted.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION NO. 82004 SUBMITTED BY BROOKLYN DEVELOPMENT COMPAW
FOR PRELIMINARY R.L.S. APPROVAL TO RESUBDIVIDE THE LAND BOUNDED BY SPEC. 9 ON THE
NORTH, SHINGLE CREEK PARKWAY ON THE EAST, FREEWAY BOULEVARD ON THE SOUTH, AND
SHINGLE CREEK ON THE WEST
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve Application No. 82004, subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is- subject "to the requirements of Chapter 15 of the City
Ordinances,
3: Tract C_shall be legally encumbered to provide parking for development
on Tracts A and B, such encumbrance to be fined with the final plat at
the County prior to issuance of building permits for Spec. 10.
4. The performance guarantee submitted to ensure completion of site improve-
ments on Tract B, R.L.S. No. 1537 shall be retained until completion of
all parking lot improvements on the proposed Tract C are completed in
accordance with approved plans and ordinance requirements.
5. Approval of the plat constitutes a waiver of the normal ordinance require -
ments'of frontage on a public street for Tracts B and C in light of the
cross access agreements governing all. tracts within the proposed R.L.S.
and Tract A of R.L.S. No. 1537.
6. The applicant shall enter into 'a standard utility maintenance agreement
with the Engineering Department and shall provide as -built utility
information for City records prior to final plat approval.
7. A performance agreement and financial guarantee (in an amount to be
determined by the City Manager) shall be submitted prior to final R.L.S.'
approval to assure the following:
a) the regrading of the large amount of fill located on the proposed
Tracts C and D in accordance with the City Engineer's recommendation;
b) the construction of a flowage way from Shingle Greek Park=way to
Shingle Creek in a manner approved by the City Engineer, and
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c) said improvements to be completed by October 1, 1982
8. The applicant shall provide an easement for storm sewer purposes across
Tracts A, B and D, the location of which shall be approved by the City
Engineer.
9.. Building permits for Spec. 10 (approved under Planning Commission
Application No. 80016) will not be issued until this proposed R.L.S.
has been given final approval by the City Council and filed with the
County.
Voting in favor: Mayor Nyquist, Councilmembers Scott, and Hawes. Voting against:
none. The motion passed.
PM COA' 'SSION APPLICATION- NO. 82009 SUBMITTED BY LOMBARD PROPERTIES FOR ' -A
SPECIAL USE PERMIT FOR OFF - SITE ACCESSORY PARKING .ON' PROPOSED TRACT C OF THE R.L.S.
IN APPLICATION 1 3�0. 82004 TO PROVIDE ORDINANCE REQUIRED PARKING FOR DEVELOPMENT ON
TRACTS A AND B OF THE SAME R.L.S.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve Application No. 82009, subject to the following conditions:
1. Parking stalls to be constructed on Tract C of the R.L.S. proposed under
Application No. 82004 shall be legally encumbered to the sole use of
Tracts B and A in amounts sufficient to meet the parking requirements
of each, said legal encumbrances to be subject to review and approval
by the City Attorney.
2. The performance guarantee submitted to ensure.completion of site improve-
ments on Tract. B, R.L.S. No. 1537 (for Spec. 10 and the common parking
10t) shall be held until completion of parking lot improvements on the
proposed Tract C.
Voting in favor: Mayor Nyquist, Councilmembers Scott, and Hawes. Voting against:
none. The motion passed.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the following list of licenses:
BAKERY FOOD VEHICLE LICENSE
Good Earth Restaurant 5717 Xerxes Ave. N.
BULK VENDING MACHINE LICENSE
Folz Vending Company 3401 Lawson Blvd.
Red Owl - Country Store 3600 63rd Ave. N.
FOOD ESTABLISHMENT LICENSE
American Baker 4215 69th Ave. N.
F'arrell's Ice Cream Parlor - 5524 Brooklyn Blvd.
Frontier Fruit and Nut Co. Brbokdale Center
Rog & Jim's Superette 6912 Brooklyn Blvd.
Smoke Pit Restaurant 5001 Drew Ave N.
Winch ell's Donut House 16424 Valley View Ave.
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ITINERANT FOOD ESTABLISHMENT LICENSE
Brooklyn Center Jaycee Women Earle Brown School
i
MECHANICAL SYSTEM'S LICENSE
Able Mechanical Services 6717 83rd Pl.
Alaskan Air Conditioning 1200 Chestnut Ave.
Allied Metalcraft Co. 1750 Thomas Ave.
C.O.- Carlson Air Conditioning 709 Bradford Ave. N.
Consolidated Plumbing & Heating 1530 E. Cliff Rd.
Frank's Heating & Air Conditioning 3107 California St. N.E.
Golden Valley Heating &:Air Cond. 5182 W. Broadway
Harris Mechanical Contracting 2300 Territorial Rd'.
Hayes Contractors, Inca 1010 Currie Ave.
Horwitz, Mechanical, Inc. 1411 11th Ave. S.
Hutton & Towe, Inc. 217 VanBuren St.
Northland Mechanical Contractors 7150 Madison Ave. W.
Owens Service Coprorations 930 E. 80th St.
Pierce Refrigeration 1920 2nd Ave. S.
Pump & Meter Service, Inc. 2711 E. Franklin Ave.
Quality Refrigeration Inc. 110t ;W. 78 1J2 St.
G. Sedgwick Heating & Air Cond. 1001 Xenia Ave. S.
Standard Heating & Air Cond. 410 W. Lake St.
Suburban Heating & Air Cond. 2050 Whitebear Ave.
Superior Contractors, Inc. 6121 42nd Ave. N.
Thompson Air Conditioning 5115 Hanson Ct.
Ray; Welter Heating Company 4637 Chicago Ave.
Yale, Inc. 3012 Clinton Ave. S.
NONPERISHABLE VENDING MACHINE LICENSE
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Books Plus 5717 Xerxes Ave. N. r
Rog & Jim's Superette 6912 Brooklyn Blvd. t
READILY PERISHABLE FOOD VEHICLE LICENSE
American Bakeries Co. 4215 69th Ave. N.
RENTAL DWELLING LICENSE
Initial.
Real Five Investments 6501 Brooklyn Blvd.
Donald Byram 3724 58th Ave. N.
Robert & Carol Schwebach 4500 65th Ave. N.
Renewal:
Marvin Garden Ltd. Marvin Garden Townhos
Clarence H. Isaacson 6801 Aldrich Ave. N.
Gladys Trosen 7019 Dallas Rd.
Charles Barnes 5001 Ewing Ave. N.
Joon K. Kim 4811 Lakeview Ave. N.
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RED` rAL DWELT PNG LICENSE (CONTINUED)
Reuben & Diane Ristrom, Jr. 6819, 21 Noble Ave. N.
Robert Berglund 6833, 35 Noble Ave. N.
1i & Val J. Rothschild, Inc. 5400 - 5422 Ponds Dr.
H & °Val J. Rothschild, Inc. 5426 - 5488 Ponds Dr.
C - - iega Management Company 4806 Twin Lake Ave.
Curtis Erickson ._ 4,809 -11 Twin Lake Ave.
Robert Harenza 2926 53rd Ave. N.
f Lee Marwede 4700, 02 68th Ave. N.
Bernard M. McDonough 4701, 03 68th Ave. N.
Kathleen Griesser 1708 69th Ave. N.
SIGN HANGER'S LICENSE
Lawrence Sian Company 945 Pierce Butler Rt.
Nordquist Sign Company, Inc. 312 W. Lake St.
Voting in favor: Mayor Nyquist, Councilmembers Scott, and Hawes. Voting against:
none. The motion passed.
PRESENTATION OF AWARD FROM MINNESOTA NATIONAL WATER SKI TEAM
Aar. Hank Longo of the Minnesota National Water Ski Team presented Mayor Nyquist with
a plaque in appreciation of support for the Minnesota` National Water Ski Team of
1981 by the City Council. Mayor Nyquist accepted the award and thanked Mr. Longo
for the plaque.
RESOLUTIONS (CONTINUED)
` The City Manager introduced a Resolution Accepting Bid.and Awarding Contract for
1.982 -B ( Projects 1982 -02 and 1982 -03 Xerxes Avenue /55th Avenue /56th Avenue Recon-
struction and Brookdale Center -55th Avenue Entrance Reconstruction). He recommended
that the contract be awarded to the low bidder, C.S. McCrossan, Inc. at a total cost
of $309,653.80.
Councilmember Hawes inquired if because of the great differences in the high and
low bids, could C.S. McCrossan -have left anything out of their bid. The Director
of Public Works explained that he believes the bidder understood the project and
he believes the bid is complete. Councilmember Hawes then ,inquired whether there
would be any overruns or additional costs related to the project over and above
the bid price.. The Director of Public Works stated that in all projects as
this, material quantities are estimated and the City" may have to pay the current
unit price for any material required over and above what was stated in the bid. He
added, that sometimes during construction estimated quantities are exceeded.
P.ESOLUTION NO. 82 -4$
Member Celia. Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET IMPROVEMENT PROJECT
110. 1982 -02, BROOKDALE ACCESS IMPROVEMENT PROJECT NO. 1982 -03, CONTRACT 1982 -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
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favor thereof Dean Nyquist, Celia Scott, and Bill Hawes; and the following
voted against the "same: none, whereupon said resolution was declared duly
passed and adopted:
The City Manager introduced Resolutions Authorizing the City Manager to Initiate
Negotiations for Purchase of Right -of -Way Required to 'Develop 69th -70th Avenue
Connection in the Evergreen Park Area, Revising Municipal State Aid Streets.;System
Designations within the City of Brooklyn Center, and Requesting Hennepin County to
Proceed with a "Turnback Project on 69th Avenue North between Brooklyn Boulevard
and Shingle Creek Parkway. He explained that all three of the resolutions are
related to the redesign of the 69th -70th Avenue access.
He explained that the City staff met with the neighborhood in the area affected
by the proposed roadway realignment and noted that approximately 150..people'froip
the neighborhood attended the .meeting. He summarized the concerns of the neigh
boyhood at the meeting, noting that the primary concern of the neghborhbod'was
whether the intersection with T.H. 252 should be a T intersection or whether it
should provide access to the neighborhood east of T.H. 252. He emphasized that
the Council's decision this evening need not - concern itself with the roadway design,
but rather, the staff is asking tonight that the Council grant the authority to
begin negotiations for the purchase of right -of -way for the project. Additionally,
he pointed out, other concerns that were brought up at the meeting focused primarily
on the problems presented with traffic coming closer to Evergreen Park because of
the change in roadway design. The City Manager explained that the Council and the
neighborhood has viewed the entire presentation from the Engineering Department and
in the interest of time this evening, he suggested a question and answer format as
opposed to a formal presentation.
Mayor Nyquist noted that he had received three letters from residents in the area
which would be affected by the'69th and 70th Avenue realignment. He asked that
the letters be entered into the official meeting The letters received were
from Mr. Marvin O. Stavig, 7211 Willow Lane, James R. Fischbach, 7216 Willow Lane
North, and Mr. Bruce Morrow, 7212 North Willow Lane.
Mayor Nyquist inquired if there was anyone present in the audience who wished to
Rneak on the topic of the 69th -70th Avenue roadway connection in the%Evergreen Park
area. Mayor Nyquist recognized Mr. A1'Farmes, 7200 Willow Lane North, who stated
that he is speaking for himself, Mr. Fischbach, Mr. Foslien, Mr. Morrow, afid others -
in his neighborhood. He stated that he was concerned that the outlet for "T.H. 252
should be constructed at 69th Avenue North and not at 70th Avenue North, and stated
that he believes most people feel it should be located at 69th'Avenue North'. He
added that if it is located at 70th Avenue North,he believes it will draw more
traffic into the neighborhood east of T.H. 252,and' that the neighborhood would
prefer that it be constructed at 69th Avenue North. The City Manager explained
that the roadway access at T.H. 252 does not necessarily have to be constructed
at either location, and that T intersections could be constructed both at 69th'and
70th Avenues North, thus preventing any thru- traffic into the neighborhood east
of T.H. 252.'
Mayor Nyquist recognized Mr. Joe Roche, 816 69th Avenue North. Mr. Roche stated
that he favors the 70th Avenue exit off of T.H. 252, and would like to 'see the
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development of the 69th -70th Avenue connection in the Evergreen park area, noting
that he believes it will improve access to Evergreen Park, that it is a worthwhile
project, and that he supports it.
Mayor Nyquist recognized Mr. Pawl Rosso, 7 Ortman Street. Mr. Rosso stated that
he believes the roadway under consideration is a road of convenience and that the
Council does not have the right to take property away from us. He stated that he
believes the traffic traveling downtown will travel down Dupont Avenue and that
Dupont will then need to be improved. He stated that he believes the road is not
feasible and that he believes MSA funds would be spread out over more routes and
roads because of the project He stated that the road would reduce convenience
to downtown and that Dupont will be overloaded if the project is built. He inquired
what statute the City is proceeding on and wanted to know what fund the City was
using and whether or not it was the MSA fund. He stated that he believes this is
a misappropriation of funds. He stated that for two days he talked to engineers
in the State Highway Department and none of them said it was a good deal. He added
that the curves created by the project are dangerous and that he will seek an
indictment against the project.`
The City Attorney replied that he would provide the statute to Mr. Rosso regarding
the authority of the County to turnback the roadway to the City.
At the request of a member of the audience, the Director of Public Works reviewed
the most recent traffic counts on 69th, 70th, and 73rd Avenues North. He reviewed
the counts on 69th Avenue North and explained that 3,350 vehicles per day were
counted west of T.H. 252 on 69th, 1,760 vehicles per day were counted on 73rd Avenue
North west of T.H. 252, and 703 vehicles per day were counted on 70th Avenue North
east of T.H. 252. He explained, in response to Mr. Rosso's comments, if the vehicle
traffic went down to Dupont Avenue to obtain access to T.H. 252,they would still
find themselves in the same configuration on Dupont as is proposed in the 69th
70th project. He added that the configuration of the curves on Dupont in this
area was created by the Minnesota Department of Transportation.
Mayor Nyquist recognized Mr. Walt Wenholz, 501 69th Avenue North. Mr. Wenholz
stated that, essentially everyone is here tonight to attempt to influence the
project so that is would serve their own interest to the best extent and was here
to state he would like to have 69th Avenue North as a cul -de -sac in his njighbor-
hood to slow the traffic.
Mayor Nyquist recognized Mrs. Melba Evanson who stated that 2h acres of her land
was taken for Evergreen Park when it was constructed and when 70th Avenue North
came in it meant assessments'. She inquired how the City Manager plans to negotiate
for the purchase of the right -of --way required to develop the 69th- 70th.Avenue
connection when he has not talked to her or asked her if she wanted to sell her
property. Mayor Nyquist noted that the project was discussed by the Council last
fall, and that information about the project was published in the Brooklyn Center
Post. He added that the City, Manager has not yet been authorized to negotiate for
any right -of -way acquisition. He added that the Council must take things in order
and that a plan must be adopted before any negotiations to acquire property begins.
He explained the process for right -of -way acquisition means that the owner of any
property is reasonably compensated for the acquisition of that property. Mrs.
Evanson continued to discuss the roadway project which was proposed and continued
discussing her reasons for opposing the project.
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Mayor Nyquist recognized Mr. Brute Morrow, 7212 Willow Lane North, who stated that
he was a former member of the Brooklyn Center Park & Recreation Commission,and
inquired whether there was any area in the project where the roadway went through
park 'property. The City Manager reviewed the project location and the location of
Evergreen; Park. Mr. Morrow stated that he believes vehicle traffic in the park
area and school is not a good idea,and he also questioned why the curves would be
taken off the roadway on 69th Avenue North near Shingle Creek Parkway,and then past
curves on this part of 69th Avenue North. The City Manager explained that the
curves on 69th, near Shingle Creek, are not designed at MSA standards,and that
there is no comparison between these curves and the ones proposed for the 69th-
70th Avenue connection.
Mayor Nyquist recognized Mr. Bob Lane, who stated that his mother owns a home in
the area near the proposed roadway project,and that he would like to know whether
the park board would acquire the land in the area. The City Manager stated there
is no separate park board in the City. He reviewed the plan to move the City annex
to the tax forfeit property, and explained that it would be necessary to purchase
certain parcels of land in the area to develop the roadway connection.
Mayor Nyquist recognized Mr. Dave Evanson, 2208 73rd Avenue North, who inquired
when the roadway would be developed if the plan is adopted. The City Manager stated
that the design work on the roadway would have to be completed and public hearings
would be required on the project. He stated that this procedure begins if the
Council approves the plan.
Mr. Paul_ Rosso inquired whether the City Engineer would consider this project
feasible.: The Director of Public Works stated that he believes the project is
feasible. Mr. Rosso also asked if the Director of Public Works could comment on
the use of MSA funds on County State Aid Highway 130. The Director of Public Works
stated the County has indicated that there are no dollars available from the County '
to upgrade 69th4 and that it is the intent of the County to turnback the roadway to
the City. Regarding the expenditure of MSA funds, he 'pointed out that the funds
are given to the City to improve collector streets within the City,and that he
believes the project is an appropriate use of MSA funds.
Mayor Nyquist recognized Mr. Roger Scherer, the City's Metropolitan Council
representative. Mr. Scherer explained that MSA funds are allocated to the City
on a formula basis from gas taxes and that if the `road is taken over by the City,
it becomes part; of the needs of the MSA system. By spending MSA dollars on the
roadway, he pointed out, the City could have a roadway that is better than what
the County could provide. He explained that funding for roadway improvements is
all part of the same system with regard to the use of tax dollars, whether they
be federal, state or local tax dollars.
Councilmember`Scott commented that everyone has to remember that each person looks
at the project according to their own interest and that the Council has to consider
the needs of the entire City. She explained that a signalized intersection at
T.H. 252 is essential to preventing pedestrian and auto accidents in this area.
The City Manager stated that the staff will have to work with the Minnesota Depart -
ment of Transportation regarding the type of intersection that will be placed at
69th and 70th Avenues North, and when the discussions begin on the type of intersecti
another neighborhood meeting will be held in the area.
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Mayor Nyquist inquired if there was anyone else present who wished to speak on
the proposed roadway project. There being none, he inquired of Councilmembers
what their preferences for action on this matter would be.
RESOLU`T'ION NO. 82 -47
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING CITY MANAGER TO INITIATE NEGOTIATIONS FOR PURCHASE OF
RIGHT -OF -WAY REQUIRED TO DEVELOP A 69TH -70TH AVENUE CONNECTION IN THE EVERGREEN
PARK AREA
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, Celia Scott, and Bill Hawes; and the following
voted against the same: -none, whereupon said resolution was declared duly
gassed and adopted.
RESOLUTION NO. 82 -48
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION REVISING MUNICIPAL STATE AID STREET SYSTEM DESIGNATIONS WITHIN
THE CITY OF BROOKLYN CENTER
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, Celia Scott, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly
passed and adopted.
RESOLUTION NO. 82 -49
Member. Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION REQUESTING HENNEPIN COUNTY TO PROCEED WITH A "TURNBACK PROJECT"
CK 69TH AVENUE NORTH BETWEEN BROOKLYN BOULEVARD AND SHINGLE CREEK PARKWAY
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, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly
passed and adopted.
RESOLUTION NO. 82-50
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING CITY MANAGER TO INITIATE NEGOTIATIONS FOR PURCHASE
OF RIGHT -OF -WAY REQUIRED TO ALLOW REALIGNMENT OF THE 69TH AVENUE . SHINGLE
CREEK PARKWAY INTERSECTION,
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, and Bill Hawes; and the following
voted against the same: none, whereupon said resolution was declared duly
- -p ssed and adopted.
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k
} ' RECESS
The Brobklyn Center City Council recessed at 8 :30 p.m. and reconvened at 8 :45 p.m.
PLANNING COMMISSION ITEMS {CONTINUED}
PLANNING COMMISSION APPLICATION NO. 82010 SUBMITTED BY ROBERT L JOHNSON FOR
PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE LAND NOW CONTAINED
ON LOT 1, BLOCK 1, PICCADILLY P014D ADDITION WEST OF BROOKLYN BOULEVARD AND
NORTH OF SHINGLE CREEK
PLANNING COMMISSION APPLICATION NO_ 82011 SUBMITTED BY RED LOBSTER FOR SITE AND
AND BUILDING PLAN APPROVAL TO CONSTRUCT A 248 SEAT RESTAURANT ON THE PROPERTY
;,OCATED AT 7235 BROOKLYN BOULEVARD
PLANNING COMMISSION APPLICATION NO. 82012 SUBMITTED BY RED LOBSTER FOR SPECIAL
USE PERMIT APPROVAL FOR ACCESSORY OFF -SITE PARKING ON LOT 2, BLOCK 1 OF THE
PROPOSED RED LOBSTER ADDITION
The Director of Planning & Inspection reviewed the preliminary plat submitted with
Application No. 82010 and also reviewed the site and building plan submitted with
Application No. 82011. He explained that the site is zoned C2 and that a restaurant
is a permitted use in that zone. He noted that the proposal'; is for a 248 seat
restaurant with 30 employees. He added that the landscaping plan is acceptable
and that it has been submitted with the site and building plan. He pointed out
that the main concern of the Planning Commission with regard to the application
was with the buffering and screening of the area between the .Creek Villas Town -
houses and the restaurant site. He stated that the City's engineering staff
reviewed the potential for light glare from the restaurant area into the Creek
Villas development. He noted their review indicated a potential for light glare
into the Creek Villas Townhouses, and because of this an 8' opaque fence is re-
commended to be constructed between the restaurant site and the Creek Villas
Townhouses.
The Director of Planning & Inspection stated that the Planning Commission recommender:,
approval of Application No. 82010 at its March 11, 1982 meeting, subject to seven-
conditions, which he reviewed for Council members
The Director of Planning & I;nspection stated that the Planning Commission recommended
approval of Application No. 82011 at its March 11, 1982 meeting, subject to thirteen
conditions, which he reviewed for Council members.
The Director of Planning & Inspection explained that the Planning Commission recommenic-
approval of Application No. 82012, subject to two conditions, which he reviewed for
Council members. He requested that Condition No. 2 a recommended by the Planning
Commission be substituted with a condition specifying that an 8' opaque fence be
constructed between the parking lot of the Red Lobster Restaurant and the :Creek
Villas Townhouse Development.
Mayor Nyquist opened the meeting for the purpose of a- public hearing on .Application
Nos. 82010 and 82012 and inquired if there was anyone present who wished to speak
to the applicants. Mayor Nyquist recognized Mr. Ed Eide, Executive Director of
C.E.A.P., who stated that he would like to speak in .favor of the Red Lobster proposal
and that he believed the restaurant will be an asset to the area and C.E.A.P. looks
'3 -22 -82 -10-
forward to it as an agency. Mayor Nyquist inquired if there was anyone else
present who wished to speak at the public hearing. There being none, 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. 82010 and 82012,
The City Attorney commented that one of the conditions of approval on Application
Nos. 82010 and 82011 requires that a restrictive covenant be- provided. He requested
that the language in these conditions be amended to require that the restrictive
covenant must be enforceable by the City of Brooklyn Center.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to `
approve Application No. 82010, subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City
Ordinances.
3. Lot 2 shall be encumbered to the sole use of the Red Lobster Restaurant
on Lot 3, Block 1, Piccadilly Pond Addition for parking purposes, such
encumbrance to be a perpetual covenant running with the land until
released by the City.
4. Final approval of the plat constitutes a waiver of the normal ordinance
requirement for frontage on a public street for Lot 2 of the proposed
Red Lobster Addition in light of existing cross access easements allowing
access to the private roadway in Lot 2 of the Piccadilly Pond Addition.
5. The applicant shall provide a restrictive covenant for each parcel in
the plat, to which the City shall be a party and which shall be enforceable
by the City. Said restrictive covenant shall provide that no structure
be constructed within 15 feet and no parking constructed within 10 feet
of the lot line abutting the "common drive" of Lot 2, Block 1, Piccadilly
Pond Addition.
6. The applicant shall provide a driveway access from the proposed Lot 1 to
the "common drive" directly across from the Red Lobster driveway access
established under Planning Commission Application No. 82011. Such access
shall be constructed in conjunction with the "common drive improvements
comprehended under Planning Commission Application No. 82011.
T. The applicant shall provide a financial_ guarantee (in an amount to be
determined by the City Manager) to ensure the installation of a fire
hydrant along T.H. 152 on the proposed Lot 1, said financial guarantee
to be submitted prior to final plat approval.
i
Scott, and Hawes. Voting against:
i members Sco a g g
Voting in favor: M N st, Counc 1
g Y Yq u
none. < The motion P assed.
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
3 -22 -82 -11
approve application No. 82011, subject to the following conditions:
1. Building plans are subject to review and approval by the Building Offic a.3
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 NFPA Standards and shall be connected to a central monitoring device
in accordance with Chapter 5 of the City' Ordinances.
6. An underground irrigation system shall be installed in all landscaped arm
to facilitate site maintenance.
7. Plan approval is exclusive of all_signery which is subject to Chapter 34
of the City Ordinances.
8.` B -612 curb and gutter ,shall be provided around all parking and driving -arm.
9. The kitchen equipment schedule and plumbing plans shall be subject to.reVIIS
and approval by the City Sanitarian prior to issuance of permits.
10. The parcel of land located in Brooklyn Park shall be legally encumberedto
the sole use of the restaurant for access off Brooklyn Boulevard and for
parking accessory to the restaurant, said encumbrance to be a permanent
covenant running with the land until released by the City of Brooklyn Cent
and filed with the property at the County prior to issuance of building
permits. The document' establishing this encumbrance shall be subject to
review and .approval by the City Attorney.
11. Plan approval is contingent on approval of Application No. 82012 for off-
site accessory parking on Lot 2, Block 1 of proposed Red Lobster Addition,
said property to be legally encumbered to the sole use of the Red Lobster
Restaurant in the manner prescribed in Condition No. 10.-
12. The applicant shall provide a restrictive covenant, to which the City of
Brooklyn Center shall be a party, and which shall be enforceable by the
City. Said restrictive covenant shall provide that no structures will
be placed within 15 feet of the common drive nor will any parking be allowed
within 10 feet of the common drive
13. Plan approval acknowledges proof -of- parking for 14 additional parking
spaces which shall be installed upon a determination by the City that
the parking installed according to the approved ; plan is inadequate.
3 -22 -82 -12-
Voting in favor: Mayor Nyquist, Councilmembers Scott, and Hawes. Voting against:
none -. The motion passed.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve Application No. 82012, subject to the following conditions;
1. The land contained in Lot 2, Block 1 of the Red Lobster Addition shall be
legally encumbered to the sole purpose of providing parking for the Red
Lobster Restaurant located on Lot 2, Block l of Piccadilly Pond Addition
prior to the issuance of building permits.
2. An 8 foot opaque, -fence shall be constructed along the south property line
of the Red Lobster site to provide screening to block out glare from
headlights which would otherwise enter the residential area south of the
proposed parking area.
Voting in favor: Mayor Nyquist, Councilmembers Scott, and Hawes. Voting against:
none. The motion passed.
PLANNING COMMISSION APPLICATION NO. 82013 SUBMITTED BY KEITH BOYUM FOR A SPECIAL
USE PERMIT TO OPERATE A SUN TAN STUDIO IN THE BROOKDALE OFFICE TOWER AT 2810 COUNTY
ROAD 10
The Director of Planning & Inspection reviewed, for Council members, pages 9 through
10 of the March 11, 1982 Planning Commission minutes,and. also the Planning Commission
information sheet prepared for Application No. 82013. He also reviewed the applicant's
request for a special use permit to conduct a sun tanning studio on the first floor
of the Brookdale Office Tower at 2810 County Road 10. He explained that after
discussion with the applicant and with other municipal zoning officials, it is the
staff's recommendation that sun tan studios be classified along with health spas,
recreation centers, etc. as a special use in the C2 zone which cannot abut R1, ,R2,
or R3 property.
The Director of Planning& Inspection stated that the Planning Commission recommended
approval of Application No. 82013, subject to six conditions which he reviewed for
Council members. He added that if the Council were to approve the application this
evening they would essentially be making a finding that the sun tanning studio use
is similar to a health spa use with regard to the zoning ordinance. He also suggested
that Condition No. 6, as stipulated by the Planning Commission, should not be adopted
this evening but that the staff would come back to the Council With a housekeeping
ordinance amendment listing sun tan studios as a, special use in the C2 zone.
'Mayor Nyquist stated that he was under the impression that these types of sun tan
operations were banned by federal regulations. The Director of Planning & Inspection
stated that he believes the regulations refer to specific types of lights which are
not allowed, pointing out that some of the types of sun tanning lights have proved
to be harmful, although the lights proposed for use in Mr. Boyum's studio have not
been prohibited by any federal regulation.
Mayor Nyquist opened the meeting for the purpose of a public hearing on Application
No. 82013 and 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.
3- 22 -8?' -13-
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
close the public hearing on Application No. 82013.
Voting in favor: Mayor Nyquist, Councilmembers 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. 82013, subject to the following conditions:
1. The special use permit is issued to the applicant as operator of the
facility and is nontransferable.
2. The special use permt'is subject to all other codes, ordinances, and
regulations and any violation thereof shall be grounds for revocation.
3. The operation is subject to review and approval of the City Sanitarian
prior to the issuance of the special use permit. Inspection of the
premises by the Sanitarian shall be conducted at least every three months
to assure that the operation is being conducted in a clean, healthy and
sanitary manner. The cost for such inspections shall be paid by the
operator.
4. The operation shall be subject to any future licensing provisions that
may be 'imposed by the State of Minnesota or the City of Brooklyn Center.
5. The Special Use Permit is issued for a sun tanning operation and the
offering of saunas, sauna bath, and massages as defined by City Ordinances
is expressly prohibited.
Voting in favor: Mayor Nyquist, Councilmembers Scott, and Hawes. Voting against:
none. The motion passed.
RESOLUTIONS (CONTINUED)
The City Manager introduced the next two resolutions on the agenda, a Resolution
Relating to Hennepin County Municipal Court Case Disposition Reporting Procedures
and a Resolution Relating to DWI Cases in the City of Brooklyn Center., He explained
that the resolution regarding the case dispositions in Hennepin County contains
staff recommendations to improve the case disposition reporting system in Hennepin
County. He noted that the resolution relating to DWI cases in the City reflects
the Council's request regarding the level of fines levied against drunk drivers in
Brooklyn Center.
RESOLUTION NO. 82 -51
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO HENNEPIN COUNTY MUNICIPAL COURT CASE DISPOSITION REPORTING
PROCEDURES
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,, Celia Scott, and Bill Hawes; and the following
3 -22 -82 14-
voted against the same: none, whereupon said resolution was declared duly
passed and adapted.
The City Attorney stated that the software system to improve case disposition
reporting in Hennepin County is available but as of this time the County has
not decided to extend the funds required to implement such a system. With regard
to the levying of fines against drunk drivers in Brooklyn Center, the City Attorney
pointed out that the average January fine was $200 and the average fine levied
in February was $315. He pointed out that the increase in the amount of fines
being charged reflects a change in the court policy with regard to fines, ,noting
that the average fine for 1981 was only $105. The City Manager stated that it
appears the'level of fines is being increased by the County and pointed out that
the Council may wish to defer action on the resolution relating DWI cases in the
City of Brooklyn Center, since the system seems to be reacting positively without
a reminder from the City. There was a general consensus of Council members to
defer action on the resolution relating to DWI cases in the City of Brooklyn Center.
The City Man explained that the next item on the agenda, a Resolution Establishing
a Policy Relating to the City Prosecutor would set up a system to review the appoint-
ment and performance of the City Prosecutor.
RESOLUTION NO. 82 -52
Member Celia.Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING A'POLICY RELATING TO THE CITY PROSECUTOR
The motion for the adoption of the foregoing resolution was duly seconded by
der Bill Hawes, and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyqui.st, Celia Scott, and Bill Hawes; and the following
voted against the saute: none, whereupon said resolution was declared duly
passed and adopted.
DISCUSSION ITEMS:
HANDICAP ACCESSIBILITY SURVEY
Administrative Assistant Bublitz pointed out that the Brooklyn Center Handicap
Accessibility Survey was prepared in response to Section 504 of the Vocational
Rehabilitation Act of 1973. He reviewed the requirements of Section 504 and explained
that the City Council authorized the Human Rights Commission to implement the 504
program. He stated that the Handicap Accessibility Survey was prepared by the
National Handicap Housing Institute in conjunction with the Human Rights Commission
and City staff.
Administrative Assistant Bublitz stated that the consultant surveyed all City owned
and leased buildings and facilities including City parks and polling sites in order,
to determine there accessibilities by handicap individuals. He explained the
individual conducting the major portion of the survey was Julee Quarve Peterson,
of the National Handicap Housing Institute. He pointed out that the survey assesses
all City orated and leased buildings and facilities and indicates specific_ recommendations'
for modifications necessary to improve handicap accessibility for the facilities. He
pointed out that, as indicated in the Handicap' Accessibility Survey, it is not
anticipated that all buildings and facilities will be brought immediately into
valiance but rather the document will be used as a guideline as remodeling and
3 -22 -82 -15-
upgrading of the facilities is .required,and will serve as a transition plan for
the upgrading and remodeling of City facilities with regard to handicap access.
He requested that the Council formally adopt the survey as part of the City's
504'Program.
There was a motion by Councilmember Scott and seconded by Councilmember Hawes tD
accept the Handicap Accessibility Survey as part of the City's 504 Program as
required by Section 504 of the Vocational Rehabilitation Act of 1973. Voting In,
favor: Mayor Nyquist, Councilmembers Scott, and Hawes. voting against none.
The motion passed.
COUNTY COMMISSIONERS' DECISION ON RADIO COMMUNICATION SYS'T'EM
The City Manager pointed out that Councilmember Lhotka was present at the County
Board meetings when the radio communication system was discussed and that because
Councilmember Lhotka is absent this evening he would suggest placing this item
the next Council agenda. He pointed out that Commissioner Derus' voted against the
City's position with regard to the radio communication system in Hennepin County -'
The Council accepted the City Manager's suggestion and Mayor Nyquist stated that
this item will again be placed on the next Council agenda.
ADJOURNMENT
There was a motion by Councilmember Hawes and seconded by Councilmember Scott-to
adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, and
Hawes. Voting against: none. The motion passed. The Brooklyn Center City C 1,
adjourned at 9 :49 p.m.
Z? Z
Mayor
y
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