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HomeMy WebLinkAbout1980 11-17 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 NOVEMBER 17, 1980 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 Mayor Dean Nyquist, Councilmembers Tony Kuefler, Gene Lhotka, Bill Fignar, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections Ron Warren, Building Official Will Dahn, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Celia Scott. APPROVAL OF MINUTES - OCTOBER 20, 1980, REGULAR SESSION - SEPTEMBER 17, 1980, SPECIAL SESSION - NOVEMBER 4, 1980, SPECIAL SESSION There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of October 20, 1980 as sub- mitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. Councilmember Fignar abstained since he was not present at the October 20 meeting. The motion passed. Councilmember Lhotka -- requested to have a clarification added to the September 17, 1980 City Council minutes regarding the actions taken by the Council during the discussion pertaining to LEAP. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of September 17, 1980 as corrected. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of November 4, 1980 as sub- mitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if anyone was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. FINAL PLAT APPROVAL - RUDENICK -MAAHS ADDITION The Director of Public Works reviewed a transparency of the preliminary plat of the Rudenick -Maahs Addition and stated the conditions placed on the plat as part of the Council's November 19, 1979 preliminary plat approval had been met and that the staff is recommending approval of the final plat contingent on the City Attorney's final approval. 11 -17 -80 -1- I There was a motion by Councilmember Kuefler and seconded by Lhotka to approve the final plat for the Rudenick -Maahs Addition (PC No. 79063) contingent on approval by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. FINAL PLAT APPROVAL - BROOKDALE SQUARE The Director of Public Works reviewed the conditions of approval for the Brook- dale Square plat and pointed out that the driveway easements providing access across the site for Brookdale Ford and Northwestern Bell are in the process of being signed and the staff is suggesting approval contingent on the review and approval of the City Attorney of these easement documents. The Director of Public Works stated, he understands the developer will comply with all conditions as stated by the Planning Commission and accepted by the Council for Planning Commission Application No. 80022. He added, the subdivision agreement presented this evening is a preliminary one. Regarding item no. 5 in the conditions, the Director of Public Works pointed out the City's law firm suggests a covenant to be recorded with the property to cover the traffic signal situation. He noted, it appears all conditions of-the preliminary plat will be met by the developer. The Director of Public Works outlined some of the possible areas of disagreement in the preliminary subdivision agreement noting, that in division one, there is some disagreement on the part of the developer regarding paying for the closing of the existing median opening and left -turn lane servicing Northwestern Bell. He added, the estimated cost of this closing would-be $7,000 to $8,000. He explained the developer also has some disagreement with the policy of division four regarding advance payment of special assessments. He explained, item 4.1 in the subdivision agreement requires that advance payment of all special assessments on the subdividor's property shall be made at the time the subdividor sells the property. Mayor Nyquist recognized Mr. Allen Gustafson,` representing Commercial Partners, who stated that regarding this policy, the developers would like consideration to pay the assessments over time rather than prepay, including allowing any potential buyer to also pay the assessments over time. Councilmember Fignar inquired what the special assessment costs would be on the property. The Director of Public Works stated the costs would be approximately $65,000. Councilmember Kuefler inquired whether prepaying special assessments is the normal procedure used by the City. The City Manager explained it is generally an option and cited the example of a residential home where the mortgage holder may require special assessments to be paid. He explained, the rationale for the policy is that the costs are being spread to the developer and not to future buyers of the property. He noted this is a more conservative approach to development, similar to a non- transferable mortgage. Councilmember Kuefler stated he would like to assure all commercial property is treated the same with this policy. The City Manager stated, some time ago the subdivision agreement policy was revised and this was one of the revisions contained in it. He explained further, this policy will help to reduce the risk to the City. The City Attorney noted there has been a serious balance of payments deficit in assessments in the industrial park area. He explained the procedure is to have the utilities put in with City funds and then the developer has seven years to develop the area without paying assessments. He explained, delinquencies in some cases were very sizable and the City began to change the approach to paying special assessments in 1978. Councilmember Fignar inquired what improvements.this policy would relate to. 11 -17 -80 -2- The City Manager stated it would include the improvements designated in the subdivision agreement. Councilmember Fignar stated he was under the under- standing that assessments were assumable. The Director of Public Works stated this policy could be a disadvantage in the sale of the property since the buyer and developer could not take advantage of the City's low interest rate. Councilmember Kuefler inquired whether other cities use this policy of prepaying assessments. The City Manager replied that a number of cities use the prepayment policy while a number of cities do not use the policy. Councilmember Scott stated she would like to see the policy apply only to residential development. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to amend the subdivision agreement policy to apply the policy of advance payment of special assessments to residential property only. In discussion of the motion, Councilmember Lhotka inquired how the special assessments on the Brookdale Square property would be paid and also if there was any hardship being claimed by the developer in this case. The City Manager stated the assessments would probably be paid from revenue on the property over a period of time and regarding the hardship, he stated, - if the developer decides to sell the property, it is a less attractive purchase for a potential buyer since the buyer could not take advantage of the low interest rates offered by the City. Councilmember Fignar inquired whether delinquent assessments would not be paid at the time of land sale. The City Manager explained they would be but that the City is trying to insure against a situation where a new owner may not pay the taxes. The City Attorney stated, distinguishing between resi- dential and commercial property may result in an equal protection problem, adding that there must be a good sound reason for changing the present policy. He explained, the Council could deal with this particular situation and not be required to change the policy at this point, allowing more research to be scone regarding the requested change in the policy. Mayor Nyquist concurred with the City Attorney's comments and stated that he believed this particular situation could be resolved by adding the statement "unless approved by the City" to item 4.1 in division four of the subdivision agreement. Mayor Nyquist recognized Mr. Allen Gustafson, representing Commercial Partners, who stated this change in the subdivision agreement would be acceptable to him. Councilmember Fignar inquired whether the amendment would be acceptable to the City Attorney. The City Attorney replied that it would be acceptable but that he would like time to review the entire policy with the City Manager but pointed out the suggestion of Mayor Nyquist would get the City past this particular problem.` Councilmember Fignar withdrew his second of the motion and Councilmember Scott withdrew her motion amending the subdivision agreement policy. The City Attorney suggested adding the statement "unless the City Council approves the assumption of the special assessments by the purchaser" to para- graph 4.1 in division four of the proposed subdivision agreement between the City and Commercial Partners. Councilmember Lhotka stated, in his experience with development, it is normal that the developer pay for such items as the median closing outlined in division 1 of the subdivision agreement. Mayor Nyquist recognized Mr. Gustafson, representing Commercial Partners, who stated he has no problem with paying the cost of the existing median opening and left -turn lane servicing Northwestern Bell. 11 -17 -30 -3- There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the final plat of Brookdale Square subject to the execution of a subdivision agreement, the developer providing the necessary easements and review and approval by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: Council- member Lhotka, the motion passed. PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred Council members to a memorandum from Planning Assistant Gary Shallcross to the Director of Planning and Inspections regarding recommendations for releases and reductions on performance guarantees for various sites throughout the City. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the release of the performance guarantees for Lowy Realty located at 7000 Brooklyn Boulevard and Duke's Standard located at 6501 Humboldt Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the reduction of the performance guarantee for Brooklyn Law Center located at 5637 Brooklyn Boulevard to $3,000, to reduce the performance guaran- tee for F &M Savings Bank located at Xerxes Avenue North and Northway Drive to $5,000, and to reduce the performance guarantee for Medtronic located at 6700 Shingle Creek Parkway to $15,000. Voting in favor: Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, Mayor Nyquist abstained from the vote due to a conflict of interest. The motion passed. APPOINTMENT TO HUMAN RIGHTS COMMISSION Councilmember Lhotka stated he and Chairperson Kuhar had recently interviewed Dr. Marvin Trautwein for a position on the Human Rights Commission and as a result of that interview, they are recommending he be appointed to the Commission to complete the term of Al Weyrauch who resigned from the Commission. He added, Dr. Trautwein was in attendance at the last Human Rights Commission meeting and he believes he will be an asset to the Commission. Councilmember Lhotka also noted that the Human Rights Commission, with the addition of Dr. Trautwein, is now at full strength. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint Dr. Marvin E. Trautwein to the Brooklyn Center Human Rights Commission to complete the term of Mr. Al Weyrauch. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. RESOLUTIONS The City Manager noted that Mr. Jack Bell, former president of the First Lrookdale State Bank, will be leaving the City for a new position in Phoenix, Arizona and because of Mr. Bell's substantial contribution to the City in serving on many committees and assisting with many City projects, he is recommending the Council approve a resolution commending Mr. Bell for his dedicated public service to the City. RESOLUTION N0. 80 -269 Member Bill Fignar introduced the following resolution and moved its adoption: 11 -17 -80 -4- RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JACK BELL 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. The City Manager introduced a resolution accepting bid and approving contract form for Contract 1980 -P (67th Avenue North storm sewer extension). The Director of Public Works stated, the bid received for this project is very favorable but many items remain to be worked out with the project. He pointed out the staff would like the Dominion Development Corporation to complete the soil correction work in the area before the bid is awarded, and also pointed out that the staff is requesting that the subdivision should be fully executed before the project is awarded. He added, additional requirements are that certain permits are required from the DNR before the project can begin. He recommended the Council table approval of the resolution to the December 8 meeting indicating this will not adversely affect the property or the project and that the City is authorized to table the resolution for 30 days. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to table the resolution accepting bid and approving contract form for 1980 -P to the December 8, 1980 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced a resolution accepting work performed under Contract 1980 -D (Summit Drive improvements). The Director of Public Works stated the project is complete and the staff is recommending approval of the resolution accepting the work. RESOLUTION NO. 80 -270 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1980 -D (SUMMIT DRIVE AND VARIOUS LOCATIONS) The motion for the adoption of the foregoing resolution was duly seconded by member Tony 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. with subdivis a greement cv t a pproving ubd The City Manager introduced a reso�ution a g T Y g PP g Dominion Development Corporation and explained this resolution comprehends the Spec 9 through 13 area. The Director of Public Works pointed out there are certain areas of disagreement between the City and the developer including the requirement for the advance payment of assessments in the subdivision agreement and how this policy fits with the Spec 9 building in the development. He added, if the Council has any input regarding the subdivision agreement at this evening's meeting, the staff will return with the final subdivision 11 -17 -80 -5- agreement at the December 8, 1980 meeting. Mayor Nyquist inquired whether the advance payment policy was the same as would be required for the Brookdale Square project. The City Manager explained this would be the same policy as required for Brookdale Square. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to table the resolution approving subdivision agreement with Dominion Develop - ment Corporation to the December 8, 1980 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced a resolution authorizing work performed under Project 1980 -25 (construction of 30" o..d. water main casing pipe under I -94 and adjacent noise wall near west property line of Central Park). The Director of Public Works stated the work on the project is completed and the staff is recommending approval of payment. RESOLUTION NO. 80 -271 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER PROJECT 1980 -25 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. The City Manager introduced a resolution expressing opposition to Hennepin County Board Resolution No. 80 -9 -719 regarding booking charges and explained this resolution has been distributed by the Hennepin County Police Chiefs' Association and the staff is recommending approval of the resolution. Council - member Kuefler inquired whether there were any State laws that were applicable to what costs the County can assess to cities and what costs they cannot. The City Manager stated there is no blear cut State law pertaining to this matter but if no other means for resolution of this situation is possible, the alternatives are legislative action and action through the courts. He added, he would hope to meet with the County Board to work out some criteria for what fees will be assessed to cities and which will not be. He stated, he would hope that a specific policy could be worked out with Hennepin County regarding the charging of fees for services. The City Attorney pointed out that when Hennepin County is paying bills for services used by cities, Minneapolis, being the largest city in the State, generates the most costs. In the booking system, he pointed out, the City of Brooklyn Center may be subsidizing Minneapolis when the County pays the overall bill. He pointed out it may be less costly for cities to pay on their own rather than through the County system. _R ESOLUTION NO. 80 -272 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING OPPOSITION TO HENNEPIN COUNTY BOARD RESOLUTION NO. 80 -9 -719 REGARDING BOOKING CHARGES 11 -17 -80 -6- 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, 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. PLANNING COMMISSION ITEMS The City Manager informed Council members the next two agenda items, Applications No. 80038 and 80039 submitted by the K -Mart Corporation have been requested to be deferred to the December 8, 1980 City Council meeting by K -Mart Corporation. RECESS The Brooklyn Center City Council recessed at 8:20 p.m. and reconvened at 8:35 p.m. ORDINANCES The City Manager introduced an ordinance vacating a portion of the utility easements existing on lots 7 and 8, block 3, Halek's Addition. He explained, this vacation relates to the relocation of the utility easement required by the Rudenick -Maahs Addition and the final plat provides a new location of this easement. He noted, this ordinance was first read on October 20, 1980, published on October 30, 1980 and is presented this evening for a second reading. ORDINANCE NO. 80 -12 Member Celia Scott introduced the following ordinance and moved its adoption, subject to filing of the final plat: AN ORDINANCE VACATING A PORTION OF THE UTILITY EASEMENTS EXISTING ON TRACTS C AND D, REGISTERED LAND SURVEY NO. 1360 The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, 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, subject to filing of the final plat. The City Manager introduced an ordinance vacating a portion of the utility easements existing on Tracts C and D, Registered Land Survey No. 1360. He explained, this vacation relates to the relocation of the utility easement required by the Medtronic site development plat and that the final plat provides a new location for this easement. He noted, this ordinance was first read on October 20, 1980, published on October 30, 1980 and is presented this evening for a second reading. ORDINANCE NO. 80 -13 Member Gene Lhotka introduced the following ordinance and moved its adoption, subject to filing of the final plat: AN ORDINANCE VACATING A PORTION OF THE UTILITY EASEMENTS EXISTING ON LOTS 7 AND 8, BLOCK 3, HALEK'S ADDITION 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 11 -17 -80 -7- 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, subject to filing of the final plat. The City Manager introduced an ordinance amending Section 35 -1110 of the City Zoning Ordinance regarding R2 district boundaries and explained this ordinance comprehends the rezoning of the property along Brooklyn Boulevard from 53rd to 55th Avenues North and is presented this evening for a first reading. He. added, the ordinance confirms the Council action of October 20, 1980. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to offer for a first reading an ordinance amending Section 35 -1110 of the City Zoning Ordinance regarding R2 district boundaries. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. DISCUSSION ITEMS CONSIDERATION OF REVOCATION OF SPECIAL USE PERMIT FOR "SNACKS AND NICKNACKS" The City Manager stated, due to certain violations of the special use permit and other problems with this business regarding stolen property on the premises, the staff is recommending the Council set a hearing date to consider the re- vocation of the special use permit for "Snacks and Nicknacks ". Councilmember Fignar inquired, if the City revokes the special use permit would this eliminate this business completely. The Director of Planning and Inspections stated that the special use permit pertains to the portion of the business occupied by the electronic games only and would not pertain to the other part of the business. He stated, the staff would notify the proprietor of the Council's action on this matter. Councilmember Kuefler inquired if there were any legal problems with revoking the special use permit. The City Attorney stated the main question is essentially whether special use permits can be revoked, pointing out that special use permits are generally zoning devices and that the Council may want to examine the feasibility of licensing these types of operations in the future as opposed to granting special use permits for their operation. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to set the date of public hearing for consideration of revocation of special use permit for "Snacks and Nicknacks" for the December 8, 1980 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. HUMAN RIGHTS COMMISSION CHEMICAL DEPENDENCY SEMINAR The City Manager stated the Human Rights Commission is planning to hold a chemical dependency seminar in January of next year pointing out the seminar would involve a series of speakers providing information on drug education and drug abuse prevention. He stated, either Councilmember Lhotka or Administrative Assistant Bublitz could answer the Council's questions regarding this matter. Councilmember Lhotka stated the proposed project goes back to some time ago when the Human Rights Commission sent out letters to the various school districts inquiring what types of projects they might be able to help the school districts with. He explained the Brooklyn Center school district 11 -17 -80 -8- returned with a request to help them deal with the chemical abuse problems and particularly with regard to making parents aware of this problem. He explained, the Commission has been investigating and researching the area of chemical dependency over the past few months and has gathered considerable information including information from many speakers knowledgeable in the area of chemical dependency. He explained, the Commission plans to invite members of groups from such organizations as Kiwanis, Lions, etc. to the seminar. He added, the Commission also developed a questionnaire mailed to various agencies involved with chemical dependencies and is planning to develop a directory based on the return of these questionnaires. CONSIDERATION OF SPECIFIED LICENSES The City Manager stated he concurs with the Police Department report on the .request for a nonintoxicating liquor license by Taco Towne located at 6219 Brooklyn Boulevard and is recommending approval of this license. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar_ to approve the nonintoxicating liquor license for Taco Towne located at 6219 Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. e LICE There was a motion by Councilmember. Lhotka and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES P.Q.T. Co. 63rd Brooklyn Blvd. 5040 Brooklyn Blvd. CIGARETTE LICENSE Thrifty -Scot Motel 6445 James Circle FOOD ESTABLISHMENT LICENSE K -Mart Corporation 3600 63rd Avenue North ITINERANT FOOD ESTABLISHMENT Hennepin Technical Centers 9000 77th Avenue North Brockdale Mall Northport Elementary PTG 5421 Brooklyn Blvd. MECHANICAL SYSTEM'S LICENSE Acme Sheet Metal Co. 2314 Hampden Ave. Carlson Store Fixture Co. 26 North 5th Street ON -SALE NONINTOXICATING LIQUOR LICENSE Jeffery Krueger Taco Towne Restaurant 6219 Brooklyn Blvd. 11 -17 -80 -9- RENTAL DWELLING LICENSE Initial: Ron Kranzler 5432 Dupont Ave. N. Raymond A. Fritz 5322 Irving Ave. N. Renewal: Kenneth L.'Bergstrom Hi Crest Apts. Gary Lyons Humboldt Court John Westlund 5137,39 France Ave. N. Duane L. Christiansen 5400 Sailor Lane Robert M. Zappa 7206, 12 West River Road Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember_ Kuefler and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Council - members Kuefler,-Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :55 p.m. - V"7� Jerk Ma 11 -17 -80 -10