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HomeMy WebLinkAbout1981 10-05 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 OCTOBER 5, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, And Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Nelson of the Berean Evangelical Free Church. APPROVAL OF MINUTES - SEPTEMBER 14, 1981 There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of September 14, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. Councilmember . Fignar abstained from the vote, as he was not present at the September 14, 1981 meeting. 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. FINAL PLAT APPROVAL - LYNBROOK BOWL ADDITION There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the final plat of the Lynbrook Bowl Addition (Planning Commission Application No. 81042) subject to the approval of the parking agreement by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTIONS /RELEASES There was a motion by Councilmember Fignar and seconded by Councilmember Scott to authorize the release of the $40,000 performance bond from Lund Martin and to retain the $20,000 performance bond from Shingle Creek II for a net reduction of the total performance guarantee of $40,000. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSES: ON -SALE INTOXICATING LIQUOR LICENSE FOR GREEN MILL RESTAURANT There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the on -sale intoxicating liquor license for Green Mill Inn, Incorporated. Voting in favor: Mayor 'Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. 10 -5 -81 -1- LICENSES There 'was -a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the following list of licenses: G ARBAGE AND REFUSE VEHICLE LICENSE Pat's Disposal Service 5948 6th St. ITINERANT FOOD ESTABLISHMENT LICENSE Daniel Fabian P.O. Box 1405 , 44 I MECHANICAL SYSTEM'S LICENSE ` Palen Kimball Company 2505 University Ave 4 SWIMMING POOL LICENSE European Health Corporation 10555 Southfield Rd Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS In discussion of the resolution approving Supplemental Agreement No. 2 to Contract 1981 -E (Shingle Creek Trailway Project) which would lower the trailway by 1' and provide more clearance for the bridge overhead, the City Manager commented that the 8' clearance resulting from the lowering of the trailway would mean less liability and a better solution than warning signs for the bridge height. Council- member Fignar requested that the staff bring some pictures of the project area to show at the next Council meeting. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to table the resolution approving Supplemental Agreement No. 2 to Contract 1981 -E (Shingle Creek Trailway Project) for two weeks. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. In discussion of the resolution appointing a responsible authority and assigning duties pursuant to the Minnesota Government Data Practices Act, the City Attorney noted that the original intent of the legislation was to make certain data private but the end result of the administration of the Act was just the opposite. He pointed out it is difficult to get data classified as private and that all govern - mental data not so classified is considered public. He stated that he does, however, agree with the City Manager that the City must abide by the Act as long as it is in effect. Discussion ensued among Council members regarding the data privacy legislation and the City Manager stated that the City would be exposing itself to certain liability if the resolution was not passed. Mayor Nyquist stated that he would like to see the Council give some direction to our legislators regarding the intent of the Data Privacy Act. He stated that it 10 -5 -81 -2- appears the Council is generally opposed to how this law is being implemented since the effect of the Data Practices Act is achieving the opposite goal of its original intent. RESOLUTION NO. 81 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES PURSUANT TO THE MINNESOTA GOVERNMENT DATA PRACTICES ACT The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -203 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A PUBLIC OFFERING OF TAX EXEMPT BONDS FROM THE BROOKDALE OFFICE PARK PARTNERSHIP The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Tony Kuefler, and Celia Scott; and the following voted. against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka explained that he was opposed to the public sale of industrial development revenue bonds. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to increase the amount of the commercial development revenue bond for Brookdale Office Park Partnership from eight million dollars to eight million eight hundred thousand dollars. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: Councilmember Lhotka. The motion passed. PLANNING COMMISSION ITEMS Planning Commission Application No. 81064 submitted by Standard Oil for site and building plan and special use permit approval to remove the existing service station at 6600 West River Road and replace it with a Quik Six gas station/ convenience store /car wash establishment. The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3 of the September 24, 1981 Planning Commission minutes'and also the Planning Commission information sheet prepared for Application No. 81064. The Director of Planning & Inspection reviewed a transparency of the location of the subject parcel and also the site and building plan submitted for Application No. 81064. He noted the Planning Commission recommended approval of Application No. 81064 subject to eleven conditions which he reviewed for Council members. He explained a public hearing is required for the application this evening and that the proper notices have been sent regarding the hearing and also that a representative of the applicant is present this evening. 10 -5 -81 -3- i Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 81064 and inquired if there was anyone present who wished to speak either against or for the application. 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 Lhotka to close the public hearing on Application No. 81064. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Application No. 81064, a request by Standard oil Company for site and building plan and special use permit approval to demolish an existing gas station and construct a gas station /convenience store /car wash establishment on 6600 West River Road, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately,screened from view. 5. An underground irrigation system shall be installed in all landscaped areas abutting streets to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas, unless waived by the City Engineer. 8. The applicant shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer. 9. In the event the existing elm trees on the site become diseased, they shall be removed and replaced with 2Y" to 3" diameter shade trees. 10. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 11. The special use permit is subject to all applicable codes, ordinances and regulations, and any violation thereof shall be grounds for revocation. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. ORDINANCES 10 -5 -81 -4- ORDINANCE NO. 81 -19 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCE REGARDING GASOLINE SERVICE STATION SIGNERY The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: Gene Lhotka, whereupon said ordinance was declared duly passed and adopted. Councilmember Lhotka noted that a change in the Sign Ordinance has already brought additional requests for more changes and he believes the Sign Ordinance should remain in effect in its present form. ORDINANCE NO. 81 -20 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES REGARDING A REMOTE STATION FIRE ALARM PROTECTIVE SIGNALING SYSTEM The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: 'none, whereupon said ordinance was declared duly passed and adopted. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading An Ordinance Amending Chapter 35 Of The City Ordinances Regarding Minimum Parking Spaces. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. In discussion of the next agenda item, An Ordinance Amending Chapters 34 and 35 Of The City Ordinances Regarding Home Occupations, Councilmember Lhotka stated that he was concerned over the effect this ordinance amendment would have on the neighborhood surrounding a given home occupation. The City Attorney noted that the language in the ordinance may create an impression that ten children in a day care operation or ten students in a class are automatic under the ordinance. He explained the City Council does have discretion in special use permits and the ordinance would allow up to ten children or students and would not automatically provide that ten be allowed in any special use permit. Councilmember Lhotka stated that if the City Council approves the home occupation ordinance amendment it appears that it would allow automatically, two on- street parking spaces. The City Attorney noted that the home occupation ordinance has been amended and expanded over the years and that the sections being amended by this ordinance amendment are the definitions declaring when a special use permit is required. He explained the attempt here is to limit the on- street parking to two spaces. 10 -5 -81 -5- Discussion ensued among Council members regarding the ordinance amendment and after considerable discussion, there was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to table the first reading of An ordinance Amending Chapters 34 and 35 Regarding Home Occupations to allow staff time to examine the entire home occupation section of the Zoning Ordinance. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. Councilmember Kuefler added that he would request that no on- street parking be allowed with home occupations. RECESS The Brooklyn Center City Council recessed at 8:31 p.m. and reconvened at 8:50 p.m. DISCUSSION ITEMS SURVEY OF CITIES WITH REGARD TO ADMINISTRATIVE PERMITS FOR NEW BUSINESSES AND GRAND OPENINGS The City Manager reviewed the memorandum prepared by the Director of Planning & Inspection regarding special permits for grand openings use by other communities. The Director of Planning & Inpsection reviewed the changes made in the City Sign Ordinance since 1977. He stated that nine changes had been made in the ordinance since 1979. Councilmember Fignar inquired whether the staff could assist in solving Mr. Viska's problem with the visibility of his restaurant. The Director of Planning & Inspectio noted that Mr. Viska is entitled to a temporary sign under the current ordinance. He also noted that a wall sign for Mr. Viska's operation would be permitted under the present Sign Ordinance. Mayor Nyquist recognized Mr. Russ Viska of the Smoke Pit Restaurant who stated that he believes a wall sign could be a detraction to the building and that he believed he needs signs which would allow people to locate the restaurant, at least for a limited period of time, while the business is becoming established. He stated he believes that service stations have been treated differently with regard to signery and pointed out that service stations are already in highly visible areas unlike his restaurant. Councilmember Lhotka stated that he believes the Council will be receiving more requests of the nature of Mr. Viska's in the future which are a result of the change in the Sign Ordinance with regard to service station signery. Mr. Viska stated that his problem is due in part to the speed of the traffic on Highway 100 and the fact that the trees along Highway 100 block the view of his business. Councilmember Fignar inquired of Mr. Viska what type of sign would be most helpful. Mr. Viska replied that a banner type sign similar to the one that he used during his grand opening would perhaps be the most beneficial. Councilmember Scott inquired about the possible removal of some of the trees along Highway 100. Mr. Viska noted that he had contacted the Department of Transportation and that they told him, since Highway 100 is not a designated freeway, they do not 10 -5 -81 -6- 4 have complete control over the right -of -way. The City Manager stated that the staff will look into the possibility of this option and report back to the Council. Mr. Viska stated that signs are basically ugly and that he would request that only temporary signs be permitted for his business until people are generally aware of the location of his business. Councilmember Lhotka stated that he believes Mr. Viska's request is no different than the request made by the service station owners. Councilmember Fignar commented that Mr. Viska has a rather unique location and believes he does need some assistance. Councilmember Lhotka noted that the a most immediate solution appears for Mr. Viska to install a wall sign and noted that s the Council must also resolve the issue of the Sign Ordinance. The Director of Planning & Inspection stated that Mr. Viska can accomplish what he wants under the existing Sign Ordinance and that he would not recommend - in- creasing the number of promotional events under the administrative permits. E The City Manager stated the staff will report back at the next meeting regarding the possibility of the removal of some of the trees blocking Mr. Viska's restaurant from the view of traffic on Highway 100. Councilmember Lhotka commented that he believes the City Council must address the issue of changing the Sign Ordinance with regard to service stations and the implications of that change. REPORT ON CITY RADIO COMMUNICATIONS STUDY CONDUCTED BY W. H. MONTGOMERY & ASSOCIATES The City Manager introduced Mr. Ward Montgomery to the Council members and stated that he was present this evening to review his report on the City's radio communi- cations. Mr. Montgomery stated that he has examined the existing City radio system with the exception of the mobile equipment which is leased from Hennepin County. He noted that the current rental rates for county equipment is well below the market rate but that county equipment is coming to an end of its service life. He-explained that his company also conducted a study for Brooklyn Park and pointed out that the Brooklyn Park police are dispatched by the Hennepin County Sheriff's office noting that this is really not a true dispatch service. He noted that Crystal and Robbinsdale are also dispatched by the Sheriff's office. He explained his report outlines the cost for a new radio system and for a central dispatch facility. He explained the cost for a central dispatch facility including the Cities of Brooklyn Center, Brooklyn Park, Crystal, and Robbinsdale would not be appreciably different than for Brooklyn Center alone. He' added he is not attempting to sell this type of system but only to bring it to the Council's attention. The City Manager stated he sees some advantages for Brooklyn Center in examining a joint dispatch system. He noted Brooklyn Park is perhaps the most seriously interested in this type of system. He stated he would like our system, no matter what we decide, to be up and running prior to the implementation of the 911 system which is scheduled for the end of 1982. Councilmember Kuefler expressed concern over the size of a joint dispatch system and inquired at what point would such a system begin to lose efficiency. The City Manager explained that it is not possible to answer that question now, but if and 10 -5 -81 -7- i when Brooklyn Park is interested in a joint despatch facility the staff can begin to address these questions. He added that since the City's radios are at an end of their service life we will be faced with a substantial capital cost. It appears, he pointed out, that Hennepin County is moving toward a fee basis for radio equipme which is higher than what exists now. He pointed out that within 30 to 60 days we will have input from other cities and will be able to present several alternatives to the Council regarding a joint dispatch system. SNOWMOBILE REGULATIONS FOR PALMER LAKE NATURE AREA, SHINGLE CREEK TRAILWAY, AND CENTRAL PARK The City Manager reviewed the memorandum submitted by the Director of Parks & Recreation regarding snowmobile regulations in parks. He stated that with the construction and change in the park system the staff is seeking direction as to how to approach the problem of snowmobiling in City parks. Councilmember Scott suggested that some type of public meeting could be held at a 4 Park & Recreation Commission and Conservation Commission meeting regarding the future of snowmobiling in the City. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to direct the Park & Recreation Commission and Conservation Commission to jointly review snowmobile regulations and report back to the Council their findings and whether or not they recommend snowmobiles should be restricted from City parks. COMMUNITY CENTER RENTAL HALL POLICY ¢ The City Manager proceeded to review the memorandum from the Director of Parks & Recreation regarding Community Center rental rates. He stated the staff is seeking direction from the Council regarding policy for rental rates for Community Center facilities. Councilmember Scott stated that the rates proposed in the Director's memo are very reasonable. Councilmember Kuefler stated he believes the fees stipulated in the I memo are not really high enough to warrant the administration of a rental policy. He added that if the social hall is now being utilized fully by nonprofit groups he would support continuation of the no charge policy. The City Manager stated the cost of refurbishing and the cost of clean -up are becoming more costly and as the hall is used more, the cost becomes a greater consideration especially when the kitchen facilities are used. Councilmember Kuefler stated the question appears to be, what costs the City wishes to recover with regard to the facility and that this is a legitimate question. After general discussion of the Community Center rental rate policy there was a general consensus among Council members to pursue the issue further and they directed staff to prepare additional information regarding a possible rental policy for the Community Center. YORKTOWN DAY PROCLAMATION There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to proclaim October 19, 1981 as Yorktown Day, a day which would commemorate the victory at Yorktown over the British by the American forces. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. 10 -5 -81 -8- I i There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to direct the staff to prepare an appreciation for the Jaycees and Sharon Schmickle for their work on the resident attitude and preference survey. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia z Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT I There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:25 p.m. le`rk Mayor - t 1 t t i S i d t i 3 9 10 -5 -$1 -9 - g i