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HomeMy WebLinkAbout2005 05-23 CCM Regular Session i 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 MAY 23, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Bob Vose, and Deputy City Clerk Maria Rosenbaum. Omar Ansari, 4811 Dusharme Drive, addressed the Council to inform that he has been in contact with City staff regarding brewery sampling and he is not able at this time to do sampling. City Manager Michael McCauley discussed that staff is working with the City Attorney and that it is possible the Attorney General may be contacted regarding this issue. The City has no problem with sampling; however, under the current review of the Law, sampling is not allowed. The City Attorney has discussed the issue with the State Liquor Control who advised there was no authority to allow sampling. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adjourn the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 05/23/05 -1- 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Bob Vose, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that she had been contacted by Cable 12 regarding the train horn issue that is on the agenda this evening and provided them some background. She reported that she had attended the Housing Commission meeting and reviewed her concerns. She discussed that she was informed by someone who was on the Financial Commission that they were wondering if there was an opening on the Housing Commission because they would like to move to the Housing Commission. She did talk to the Housing Commission Chair and is not sure what the outcome has resulted in; however, she wanted to let the Mayor know about this matter. She reported that the Council attended a joint Work Session with the Financial Commission. Councilmember Lasman reported that she attended the Opportunity Site Task Force public meeting on May 11, 2005, and the Park and Recreation Commission meeting on May 17, 2005. The Park and Recreation Commission did not have a quorum; however, did discuss with no formal action taken the guidelines for the Adopt -a- Garden Program and the tobacco free zone potential signs that the City may have in parks. Councilmember O'Connor reported that she attended the Opportunity Site Task Force public meeting and that there were more comments made about businesses not knowing about the Opportunity Site development. She informed that she would like to discuss this issue again as a Council. She reported that she attended the Housing Commission meeting and that they are discussing the changes in the rental housing ordinance and the Opportunity Site. She informed that she has been attending the National Night Out meetings and plans to be a coordinator for her neighborhood this year along with having a potluck on August 2, 2005; and that there will be a public meeting on July 31, 2005, at the City Hall parking lot with vendors and prizes for kids. She discussed that the Northwest Suburbs Cable Communications Commission meeting she was going to attend had been canceled. 05/23/05 -2- Mayor Kragness shared an anonymous letter she had received from a resident that was leaving the City. She informed that the Council is always happy to receive letters from citizens but when the letters are unsigned or do not have a phone number they are not able to respond. She expressed that she is sad about not being able to contact the residents to inform them of the error with regards to one of the newspaper articles included with the letter regarding an incident that happened in Brooklyn Park and not in Brooklyn Center. She discussed that the City's enforcement people are out and all it takes is a phone call to the Police Department to check on properties that may be in violation of the City Ordinances. She asked people who are going to write to the Council if they could provide a name, address, and or a phone number so they are able to respond. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the agenda and consent agenda. Councilmember O'Connor informed that she would like a correction to the May 16, 2005, Joint Work Session with Financial Commission meeting minutes. On page four she believes that the highlighted section in the following paragraph is incorrect: Mr. McCauley discussed that this meeting is to provide direction for developing the draft General Fund Budget so that the Council and Financial Commission priorities or issues can be addressed. If no different priorities are established staff will develop the draft budget assuming a three percent tax increase plus the amount of the 2005 bond levy for the August 15, 2005, budget Work Session. She does not remember that being said at the meeting and would like to change the paragraph to read the following: Mr. McCauley discussed that this meeting is to provide direction for developing the draft General Fund Budget so that the Council and Financial Commission priorities or issues can be addressed. The Council will continue this discussion at its Council meeting. Councilmember Lasman discussed that she remembers the City Manager specifically saying those words. Mayor Kragness agreed. Councilmember O'Connor asked that the paragraph be amended then to include her change. Mayor Kragness said that she did not have a problem with that change. The paragraph would read the following: Mr. McCauley discussed that this meeting is to provide direction for developing the draft General Fund Budget so that the Council and Financial Commission priorities or issues can be addressed. If no different priorities are established staff will develop the draft budget assuming a three percent tax increase plus the amount of the 2005 bond levy for the August 15, 2005, budget Work Session. The Council will continue this discussion at its Council meeting. Motion passed unanimously. 05/23/05 -3- 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the May 9, 2005, Study, Executive, Regular, and Work Session minutes and the May 16, 2005, Board of Appeal and Equalization and the amended Joint Work Session with Financial Commission minutes. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the following list of licenses: AMUSEMENT DEVICES Brooklyn Center Community Center 6301 Shingle Creek Parkway Brooklyn Center Legion 6110 Brooklyn Boulevard Davanni's Pizza 5937 Summit Drive Day's Inn 1501 Freeway Boulevard Family Dollar #4514 6223 Brooklyn Drive Family Dollar #5110 2105 57 Avenue North MTCO 6845 Shingle Creek Parkway MECHANICAL Conrad Mechanical Contractors 509 1 St Avenue NE, Minneapolis C O Carlson Air Cond. Co 3449 2 nd Street N, Minneapolis Joseph and Joseph Consulting 34 Imperial Drive E, West St. Paul Pale Kimball Company 550 Vandalia Street, St Paul Rickert Heating and A/C 10355 Quaker Lane, Maple Grove UHL Company Inc. 9065 Zachary Lane, Maple Grove United Heating and A/C 1295 Hackamore Road, Medina Wencl Services, Inc. 8148 Pillsbury Avenue, Bloomington RENTAL Renewal: 3701 47 Avenue North (12 Units) Drew Kabanuk 3612 55 Avenue North (Single Family) Lutheran Social Ser. of MN 1107 57 Avenue North (4 Units) Bob and Sally Robson Maranatha Place, 5415 69 Avenue North (65 Units) Center Park Senior Apts., Inc. 4210 Lakebreese Avenue North (4 Units) James and Bobbie Simons Initial: 5124 65 Avenue North (Single Family) Joseph Okrakene 3101 67 Avenue North (Single Family) Xong Lee 6315 Brooklyn Boulevard (Single Family) Regina Weah 5440 Humboldt Avenue North (Two Family 1 -Side) Chad Kulzer 5316 Russell Avenue North (Two Family 1 -Side) Daniel Hedlund 05/23/05 4- 5936 York Avenue North (Single Family) Stephen Phillips Motion passed unanimously. 7c. APPROVAL OF PERFORMANCE GUARANTEE RELEASE FOR ARBY'S, 5444 BROOKLYN BOULEVARD A motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve performance guarantee release for Arby's, 5444 Brooklyn Boulevard. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. CBR DEVELOPMENT, LLC 1. PLANNING COMMISSION APPLICATION NO. 2005 -008 SUBMITTED BY CBR DEVELOPMENT, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE THE LOT AT 3955 69' AVENUE NORTH INTO EIGHT LOTS AND AN OUTLOT FOR A TOWNHOUSE DEVELOPMENT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 12, 2005, MEETING. 2. PLANNING COMMISSION APPLICATION NO. 2005 -009 SUBMITTED BY CBR DEVELOPMENT, LLC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR AN EIGHT UNIT TOWNHOUSE DEVELOPMENT ON THE LOT CURRENTLY ADDRESSED 3955 69 TH AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 12, 2005, MEETING. City Manager Michael McCauley discussed that these two items relate to a proposal for creating an eight unit townhouse development on 69`' Avenue North. Planning and Zoning Specialist Ron Warren outlined both applications submitted by CBR Development, LLC. Under the first application they are requesting preliminary plat approval to replat the property addressed as 3955 69` Avenue North into eight townhouse lots and a common area potentially for the ability to sell off individual town home complexes. Mr. Warren reviewed an aerial for the Council to see the area in consideration. The Planning Commission reviewed this application at its April 28, 2005, Planning Commission meeting at which time the issue was tabled because of concerns with accessing the site. The applicant brought back a revised plan at the Planning Commission meeting on May 12, 2005, to consider a new access. The Planning Commission did recommend favorably Planning Commission Application No. 2005 -008 subject to the following standard conditions: 05/23/05 -5- 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. Final plat approval is subject to the approval of Planning Commission Application No. 2005 -009 granting density credits per Section 35 -400, Subdivision lb to allow eight dwelling units within this plat. 4. A Declaration of Covenants and Restrictions along with homeowner's association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5. Final plat approval is contingent on access arrangements and agreements allowing access from the site to France Avenue North and authorizing access through this site to the properties to the west. The site plan subject of Planning Commission Application No. 2005 -009 shows how the development would be laid out. The site is a.89 acre site and the application has requested density credits to allow up to eight units on this site which would normally require a full acre of land. They are taking advantage of a provision in the Zoning Ordinance which allows some additional density credits because of under building parking. All of the units themselves would have the required parking under the building and in addition there are additional guest parking spaces to the two parking spaces per dwelling units on the south end of the site. Mr. Warren wished to clarify that there is a provision in the ordinance that allows up to 500 square feet of increased density credit for each under building parking space that is part of a multifamily development. They are not seeking the full credit; just enough to get it up eight units. The Planning Commission did recommend approval of Planning Commission Application No. 2005 -009 at its May 12, 2005, meeting, subject to the following conditions: 1. The 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 erosion control 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 based on cost estimates, shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. 05/23/05 -6- 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work p erformed and materials used for construction of utilities and curb and gutter shall conform to the City of Brooklyn Center current Standard Specifications and Details. 8. B -612 curb and gutter shall be provided around all driving and parking areas. 9. Plan approval acknowledges sufficient density credits for under building parking to allow eight town home units on a .89 acre site pursuant to Section 35 -400, Subdivision lb of the zoning ordinance. 10. The homeowner's association documents proposed for this town home complex shall be reviewed and approved by the City Attorney and filed with the title to the property prior to the issuance of building permits. 11. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. Access to the subject site from France Avenue North shall be provided over the City water tower site. An appropriate cross access agreement as approved b the City g pp Y Attorney shall be executed and filed with the title to the properties. Said access agreement shall also extend over the subject property to provide access to the property to the west. 13. The plans shall be modified prior to the issuance of building permits to provide additional lighting for the parking area south of the buildings consistent with the requirements of Section 35 -712 of the City Ordinances. Councilmember O'Connor asked who currently owns the property. Mr. Warren discussed that he does not believe they have closed on it but there is a purchase agreement to acquire the property. Tom Rollings, CBR Development, LLC, addressed the Council and discussed that the gentleman he originally put a purchase agreement on with asked him mid - process to change it to a company that he owns and he is not aware of the name at this time. He informed that he had purchased it through a MLS listing and that he has not specifically talked with the person. 05/23/05 -7- Councilmember Niesen questioned if there was any place to cross the median in that area. Mr. Warren responded that currently there is no place to cross and nor was there any plans or recommendations to break the median along 69 Avenue. Mr. Warren further discussed the area g s along 69 Avenue and that there will only be one access gained with the application. She inquired if this was a done deal. Mr. Warren discussed that the deal is not done from the standpoint of finalizing; the Council has to approve an access over public property to this site. The idea would be subsequent redevelopments of these properties to R -3 and similar town homes would also have access through Mr. Rollings property to get to France Avenue and be authorized to carry it on down to any additional town homes that might be developed in the future. She asked if the Council is being asked at this time for authorizing future expansions and if the future expansions would be part of this agreement. Mr. Warren discussed that Mr. Rollings would have to grant access over his property to the properties of the west. The only way future expansions would occur would be if Mr. Rollings is willing to grant access to the properties of the west. The agreements have not been finalized to the point that they have been executed. She asked for clarification if there would be any cost to the City. Mr. Warren responded that there would be no cost to the City. A motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve Planning Commission Application Nos. 2005 -008 and 2005 -009, subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2006 -2008 Mr. McCauley discussed that the City receives its Community Development Block Grant (CDBG) Funds through Hennepin County. This agreement allows the City to participate in CDBG funding through Hennepin County. Councilmember O'Connor asked if these are the funds that allow the City to lend money to people to fix their homes. Mr. McCauley responded that is the major component and that the City also uses it for programs to assist with home maintenance. She inquired how much money this would involve. Community Development Director Brad Hoffman responded that he believes it is approximately $197,000 for one year. Mr. McCauley added that the allocations change each year. Councilmember O'Connor informed that she believes the City can take care of its own homes in Brooklyn Center and she wished that the Federal Government would not give money to the State who then in turns gives the money to Counties to give to Cities. However, as long as this is in place, she will vote for this. 05/23/05 -8- RESOLUTION NO. 2005-81 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2006 -2008 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9b. RESOLUTION EXPRESSING INTENT OF THE BROOKLYN CENTER CITY COUNCIL WITH RESPECT TO FUNDING FOR WATERSHED COMMISSION CAPITAL IMPROVEMENTS Mr. McCauley discussed that this resolution tries to capture the discussion from the last Council meeting to express that the Council does not contemplate or intend to specially assess individual properties should the Shingle Creek Watershed capital project go forward and secondly to state its intent to use the storm water utility as the source of funding should that project go forward which would result in the City of Brooklyn Center being caused to make payments for those capital projects undertaken by the watershed. Councilmember Lasman asked for clarification regarding the points discussed with a sunset and the cap on funding. Mr. McCauley discussed that was contained in the previous action of the Council when it communicated with the watershed. She asked if this would then be an addition to the previous action. Mr. McCauley responded that this would be a supplemental action. RESOLUTION NO. 2005-82 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING INTENT OF THE BROOKLYN CENTER CITY COUNCIL WITH RESPECT TO FUNDING FOR WATERSHED COMMISSION CAPITAL IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor asked for clarification regarding the fourth WHEREAS in the resolution and if the Council had taken a vote. Mr. McCauley discussed that the Council took a vote on the item that Councilmember Lasman was referring to and that was one that passed 3/2 and was communicated to the watershed. Councilmember Niesen discussed that there was a 3/2 motion to communicate that letter and have it brought forward to the watershed. 05/23/05 -9- Councilmember O'Connor asked since there are two watersheds if all cities would be assessed equally no matter which one is being worked on. Mr. McCauley responded at this point it is undifferentiated. Motion passed unanimously. 9c. RESOLUTION APPROVING A DEVELOPMENT AGREEMENT/BUSINESS SUBSIDY BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY AND BROOKLYN HOTEL PARTNERS LLC Mr. McCauley discussed that on August 23, 2004, the Economic Development Authority (EDA) approved a development agreement with Brooklyn Hotel Partners LLC which included a business subsidy component. That occurred after a public hearing was held and no one appeared before the EDA. The Commission which is the comprised of the same members as the City Council approved that agreement and business subsidy contained in the development agreement. The City Council acting as the City Council is required to approve that development agreement since it contains a business subsidy. Councilmember Niesen questioned what is being considered for Council approval. Mr. McCauley discussed that the Council is being asked to approve the development agreement and business subsidy as a reviewing body of an action taken by the EDA. The actual approval of the agreement and the legal agreement is between the EDA and the developer; but the City Council sitting as the City Council has to also approve in effect the action that it took as it was seated as the EDA. Councilmember O'Connor asked what is a business subsidy. Mr. McCauley discussed that the business subsidy is $2,600,000 of tax increment that would have to be generated by the developer. The developer would then not receive increment except as it was captured and only from the benefit date which would be when the certificate of occupancy would be issued. She inquired if that means they get their own money. Mr. McCauley discussed that of the taxes they pay in excess of the base taxes that are captured as tax increment, they will get a note for $2.6 Million at five percent interest from the City. The payments of which will come from increment generated after they have built the hotel and have generated additional value upon which additional taxes are paid. The City is not giving them $2.6 Million and then reimbursing themselves from increment; the City is giving them a note for $2.6 Million that gets paid only when the City receives the additional taxes to pay back the note. Councilmember O'Connor asked what else is included with this development agreement. Mr. McCauley discussed that the City gives them the land for a number of years on an agreed upon price but the City does not receive that price until they either sell the property or a specified number of years have transpired. She inquired if they don't make money on it does the City get paid. Mr. McCauley discussed that the City has the ability to get paid on the land and that there is an obligation to pay the City for the land. If the deal were to go through bankruptcy, the City could find itself in a junior position of potentially having claims extinguished. 05/23/05 -10- Councilmember Niesen asked if there is a market value to the land. Mr. McCauley discussed that there is a market value and the City had purchased it for $2.1 Million. The City is giving them the land without having to capitalize it in the beginning portion of their development which is a deferred obligation in which assists them in terms of their cash flow. She inquired if this is how all tax increment agreements were structured. Mr. McCauley discussed that the City has done different things under each scenario. She inquired what happens if in 20 years from now they have a hotel and owe the City money for the land. Mr. McCauley discussed that they would owe the City $2.6 Million. If they divest themselves of ownership sooner, the City gets paid sooner. Councilmember Niesen inquired about the five percent interest rate. Mr. McCauley discussed with notes they typically bear interest and in the business subsidy agreement the note that is described includes interest at the rate of five percent. The City would be paying five percent on the outstanding balance starting at $2.6 Million using the same source of funds which would be the increment generated from the hotel. Councilmember O'Connor expressed that she would be voting against this; she does not like the idea of helping out one business and not others and with the lawsuit going on now she would not like to go ahead with this. RESOLUTION NO. 2005-83 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A DEVELOPMENT AGREEMENT/BUSINESS SUBSIDY BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY AND BROOKLYN HOTEL PARTNERSLLC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor voted against the same. Motion passed. 9d. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR FINANCING ELDERLY HOUSING AND HEALTH CARE FACILITIES WITH TAX EXEMPT BONDS AND AUTHORIZING PUBLICATION OF A NOTICE OF THE HEARING Mr. McCauley discussed that this resolution calls for a public hearing on what would be an issuance of bonds through the City of Apple Valley. This would be similar to what was done at the last meeting for the housing project. This is a venture where there would be four cities in which the undertaking would occur but the City of Apple Valley would issue the tax exempt housing revenue bonds. i 05/23/05 -11- Councilmember Niesen asked how the City of Brooklyn Center would be assisting the City of Apple Valley. Mr. McCauley discussed that the City of Apple Valley could not issue bonds for something that would happen in Brooklyn Center unless there was Council approval. If the Council did not give approval then the cities of Apple Valley, Moorhead, and Fargo could still go forward if they all agreed but they could not issue bonds for the activity in Brooklyn Center. Councilmember Niesen asked if the City of Brooklyn Center could be harmed in anyway. Mr. McCauley discussed that it is the revenues of the operation that are pledged and there is no obligation on the part of the City of Apple Valley much less any obligation on the City of Brooklyn Center to deal with any deficiency in revenue stream to pay off the bonds. This would be a private transaction using tax exempt financing to lower their cost of debt. RESOLUTION NO. 2005-84 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR FINANCING ELDERLY HOUSING AND HEALTH CARE FACILITIES WITH TAX EXEMPT BONDS AND AUTHORIZING PUBLICATION OF A NOTICE OF THE HEARING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor asked what ' f Brooklyn Center take in doing this. Mr. be O C risk does the City o o yn g McCauley responded none. She inquired if the building has 104 or 61 units. Mr. McCauley discussed that it is 104 units. She asked what the following language constitutes: The Bonds if and when issued will not constitute a charge, lien or encumbrance upon any property of Apple Valley or the City except the Project Mr. McCauley discussed that means the property itself. The project is each of these elderly health care facilities and what is pledged, and securing the bonds is the facilities being purchased. If the operation were to go into default, they would typically have pledged the real estate and the improvements on the real estate to the bonds holders and that would be what they could look to for satisfaction and anything else pledged by the entity that is undertaking this. Councilmember O'Connor abstained from the vote. Motion passed. 9e. RESOLUTION APPROVING FINAL PLAT, METROPOLITAN TRANSIT ADDITION Mr. McCauley iscussed this is the final plat for the bus transit facility and is subject to conditions Y p Y J specified in the resolution. 05/23/05 -12- i Mayor Kragness asked if an answer had been received regarding the use of restrooms for patrons. Mr. McCauley informed that they had not received an answer and that Assistant City Manager/Director of Operations Curt Boganey followed up with a second letter today. Councilmember Niesen asked if this is common practice to approve a final plat before title is given. Mr. McCauley discussed that the City Attorney has a common condition on a final plat. She questioned if it is common that this type of approval would come after a building is built. Mr. Warren discussed that this final plat combines multi parcels into a single parcel. The Council authorized the building prior to the filing of a plat; however, in most situations, the City requires a final plat to be filed before a building permit would be issued. In this instance there was an agreement between the City and the Metropolitan Council and the Council waived filing the plat to allow construction to start before the filing of the final plat. RESOLUTION NO. 2005 -85 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, METROPOLITAN TRANSIT ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9f. ESTABLISHMENT OF A LOCOMOTIVE HORN QUIET ZONE 1. ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY 2. RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ESTABLISH A LOCOMOTIVE HORN QUIET ZONE Mr. McCauley discussed that one of the two items before the Council this evening is new. The resolution is consistent with what the Council had discussed and would allow the City to go forward with the 60 day period as outlined to establish a locomotive horn quiet zone. The ordinance is the item that had not been discussed and is being suggested to help with the quiet zone and would provide the City with assistance if the railroad were to disregard the quiet zone. Councilmember O'Connor expressed she does not like the misdemeanor penalty and believes that if they need to blow the horns she would like them to be able to and not feel like they are going to be penalized for doing so. Mr. McCauley discussed that there is language in the proposed ordinance that would address safety issues allowing the operators to sound the horn for safety reasons. 05/23/05 -13- Councilmember Niesen questioned what prima facie evidence means. Mr. McCauley discussed that means that all the City has to prove starting out that it was sounded and then shifts the burden to the railroad to show there was an emergency. City Attorney Bob Vose added that the language makes it clear that the focus of the violation is not the individual railroad employee; it is the railroad. Councilmember Lasman questioned if this ordinance would increase the liability if there was an accident. Mr. McCauley responded that this would not increase the City's liability. A motion by Councilmember Niesen, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on July 25, 2005. RESOLUTION NO. 2005-86 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ESTABLISH A LOCOMOTIVE HORN QUIET ZONE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor expressed that she is concerned with the crossing. Councilmember Niesen informed that she is also concerned about that crossing and discussed that the trains go slow through that crossing. Councilmember O'Connor asked how people will know about the 60 day comment period and how they will make comments. Mr. McCauley discussed that the comment is sent only to a limited number of government agencies and goes to the railroad and required parties in the Federal Rule. This is not sent to the general public. She inquired why the general public would not be able to comment in the 60 day period. Mr. McCauley informed that the general public will have notice of the proposed ordinance because it will be published in the SunPost Newspaper. Under the notice of intent to establish the locomotive horn quiet zone that does not require a public hearing and simply requires notice to certain specified entities that are set forth in the code of Federal Regulations. Councilmember O'Connor expressed she believes it would be more important for those people living in that area to have this comment period than people in the surrounding cities. Councilmember O'Connor questioned if the penalty portion of the proposed ordinance could be deleted. Mayor Kragness expressed she believes that would not be necessary to have that portion removed. Councilmember Niesen discussed that she is comfortable with the proposed ordinance as it is written now and believes that the penalty portion is important. 05/23/05 -14- Councilmember Niesen asked if there should be any additional language regarding the maintenance of the crossing arm to test it regularly or if that is already part of the plan. Public Works Director /City Engineer Todd Blomstrom discussed that it is the responsibility of the railroad to maintain the crossing arm. He added that if there was any type of failure of the crossing arm people can contact the City and staff could pass that information to the proper people. Councilmember O'Connor voted against the same. Motions passed. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to adjourn the City Council meeting at 8:37 p.m. Motion passed unanimously. Aagr Deputy City Clerk Mayor Pro Tern 05/23/05 -15-