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HomeMy WebLinkAbout2005 06-27 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 JUNE 27, 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 Kathleen Carmody, Kay Lasman, and Mary O'Connor. Councilmember Diane Niesen 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, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Councilmember Niesen arrived at 6:54 P .m. Dai Thao, 7541 McKinley Street in Fridley, addressed the Council representing Community for Diversity and read a letter critical of the City and its staff regarding the Hmong American Shopping Center. Councilmember Niesen arrived at 6:54 p.m. Kari Lindholm - Johnson, 3024 Nash Road, addressed the Council to discuss that she had her purse taken from her vehicle while she was getting gas at the Citgo Gas Station on Xerxes and Bass Lake Road. She expressed that she believes crime has increased in the City and asked what could be done to improve enforcement in the City. Mayor Kragness asked that she talk to Police Chief Scott Bechthold. Lu Hang, Chair of Hmong Chamber of Commerce, addressed the Council to express that he believes Mr. Lee has contributed to the City and provided service to the Hmong Community and that he is concerned with the closing of Mr. Lee's business in Brooklyn Center. Mr. Hang expressed that he hopes the Council will work with Mr. Lee. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 06/27/05 -1- 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. 4. ROLL CALL Mayor Myrna Kra ess and Councilmembers Kathleen Carmody, Lasman Diane Niesen and Y Yrn g� n Y� Y > Mary O'Connor. 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, Fiscal and Support Services Director Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor reported that she attended the Earle Brown Days Parade and informed that there was no Housing Commission meeting this month; and informed and that they will not be meeting during the rest of the summer. Councilmember Lasman reported that on June 14, 2005, she attended the Riverwood Picnic and discussed that the neighborhood has a great example of neighborhood watch groups working together to keep their area safe and attractive. On June 15, 2005, she attended the Task Force Final Public Meeting and informed that the meeting was well attended. On June 16, 2005, she attended the Twin West Chamber of Commerce meeting; and that the City of Brooklyn Park was doing their community development presentation. On July 21, 2005, she attended the Park and Recreation Commission tin d he w the rules and regulations associated with the mee g, an they w ere discussing g proposed Adopt -A- Garden Program, the development of a new scenario with the Brooklyn Center Community Center memberships, and the smoking prohibition in City Parks during youth activities. On June 17 -19, 2005, she attended and helped at the Dudley Softball Tournament. She informed that there were many comments made about how nice Central Park looked. On June 23, 2005, she attended the Earle Brown Days Parade. Councilmember Carmody reported that she attended the Task Force meeting and the Chamber Luncheon. She informed that this ears Earle Brown Days was successful. Y Y 06/27/05 -2- Councilmember Niesen expressed thanks to the Crystal Airport for having their Open House every year and that she believes they are a good asset to the community. She informed that she was contacted by Cable 12 about the quiet zone for the Azelia Crossing and that she told them the City is still in the comment period and no information will be forthcoming until August. Mayor Kragness thanked Councilmember Carmody for taking over the meeting while she was absent and attending the U.S. Mayor's Conference held in Chicago. She discussed there were over 300 registered Mayors throughout the United States with five from Minnesota (Rochester, Eden Prairie, Minnetonka, Burnsville, and Brooklyn Center). She discussed some of the events that she attended and informed she provided a copy of a report on unfunded mandates to the Council. She reported that she attended the Dudley Softball Tournament and the Earle Brown Days Parade and wished to express thanks to all that helped with the events. Councilmember Carmody wished to express thanks to the Fire Relief Association for paying for the fireworks. Mayor Kragness discussed a Dedication Program from the Art Work Center at the Library and encouraged residents to stop and take a look. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Councilmember Niesen asked that Consent Items 7b, Licenses, and 7c, Resolution Approving Final Plat, CVS PHARMACY BROOKLYN BOULEVARD ADDITION, be removed and placed on Council Consideration Items as 10j and l Ok. Councilmember O'Connor asked that Consent Item 7g, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees, be removed and placed on Council Consideration as item 101. A second motion was made by Councilmember Lasman, seconded by Councilmember Carmody to approve the amended agenda with those requests. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion b Councilmember Lasman, seconded b Councilmember Carmody to approve Y Y the June 13, 2005, Study, Regular, and Work Session minutes. Motion passed unanimously. 7b. LICENSES This item was removed and placed on the agenda as Consideration Item I0j. 06/27/05 -3- 7e. RESOLUTION APPROVING FINAL PLAT, CVS PHARMACY BROOKLYN BOULEVARD ADDITION This item was removed and placed on the agenda as Consideration Item IOk. 7d. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2004 -16, CONTRACT 2004 -J, GRANDVIEW PARK TENNIS COURT IMPROVEMENTS RESOLUTION NO. 2005-92 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2004 -16, CONTRACT 2004 -J, GRANDVIEW PARK TENNIS COURT IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7e. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT TO VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE RESOLUTION NO. 2005-93 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT TO VALLEY -RICH COMPANY, INC. FOR STORM SEWER REPAIRS ALONG NORTHWAY DRIVE AND LYNDALE AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7f. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2000-01,02 AND 03, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2005-94 Councilmember Lasman introduced the following resolution and moved its adoption: 06/27/05 4- RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2000 -01, 02 AND 03, CONTRACT 2000 -13, GARDEN CITY CENTRAL STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES This item was removed and placed on the agenda as Consideration Item 101. 8. PRESENTATIONS 8a. HLB TAUTGES REDPATH, LTD 1. RESOLUTION ACCEPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2004 Jeff Wilson from HLB Tautges Redpath, Ltd, addressed the Council to present a brief overview of what the Council had previously discussed at its joint Work Session with the Financial Commission. Mr. Wilson discussed that in 2004 they issued four reports that included the Comprehensive Annual Financial Report, Audit Management Letter, Report on Internal Controls, and State Legal Compliance Report. One report issued in the past which did not have to be issued in 2004 is a Federal Single Audit. The threshold changed from $300,000 of Federal Grant expenditures to $500,000. Mr. Wilson informed that the financial statements are the responsibility of management and as independent auditors, they report on a fair presentation of the financial statements. In 2004 they gave a "clean opinion ". The State Legal Compliance Report that is required by Minnesota Statute 6.65 found no compliance findings for 2004. The Report on Internal Control based on inquiries and observations found one reportable condition which is defined as significant deficiencies in the design or operation of the internal control over financial reporting that would adversely affect the City's ability to record, process, summarize, and report financial data. The City received a grant check that was misplaced and never found with the State reissuing a check to the City. Councilmember O'Connor asked if the original check was ever found and what the grant was for. Mr. Wilson responded that the original check was never found and he was not aware what the grant was for. Fiscal and Support Services Director Dan Jordet discussed that he believes it was for a law enforcement grant. Councilmember O'Connor inquired about the centralized managing of grants. Mr. Wilson responded that a central review would be appropriate for departments to help the Finance Department. 06/27/05 -5- Councilmember O'Connor asked if the City's liquor store is paying too much out in expenses. Mr. Wilson responded that he believes the City is just a bit below State averages and when looking at the comparison, some cities may have on -sale establishments and the report does not break it down by the size of cities. Mr. Wilson added that he believes another reason the City is a bit higher is because it had opened a new store and there are a lot of start up costs. Councilmember O'Connor inquired about the delinquent taxes of $1.3 Million in 2004 and would like to know how the City is going to collect those taxes. Mr. Wilson discussed that when the Council met at its last meeting with the Auditors, it was unclear why the delinquent taxes were so high; however, since then it has been noted that the reason was because of Brookdale Mall and the delinquent Brookdale taxes were paid in 2005. Councilmember O'Connor questioned why bonds payable are up $7.5 Million and total cash assets down $1.7 Million. Mr. McCauley discussed part of that is because the City issued refunding bonds for police and other bonds and there is a period in which an overlap before the City can pay off the old bonds with the proceeds from the new bonds. Mr. Wilson added that is called a cross -over refunding issue and the Auditors are required to present both issues. Mr. Jordet discussed that a portion of those funds was the refinancing the police building and a tax increment issue. Councilmember O'Connor questioned how long it will take to pay back the golf enterprise and why the City loaned them the money. Mr. McCauley discussed that the golf course was loaned in excess of the $800,000 when the golf course was built and was set up as an enterprise fund which has been paying back over time with approximately another 15 to 20 years before it will be paid off. Councilmember O'Connor asked Mr. Wilson if he had seen any conflicts of interest in Brooklyn Center. Mr. Wilson responded that he is not aware of any conflicts of interest. Councilmember Carmody expressed that she has some housekeeping questions and would like to discuss them at a work session or at a joint meeting with the Council and Financial Commission. RESOLUTION NO. 2005 -95 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. JERRY PEDLAR 1. RESOLUTION SUPPORTING NORTH MEMORIAL HEALTH CARE'S PROPOSED NEW HEALTH CARE CAMPUS AND HOSPITAL IN MAPLE GROVE 06/27/05 -6 - Jerry Pedlar, Director of Property Facilities for North Memorial Health Care, addressed the Council to make a presentation on a proposal for the North Memorial Medical Center in Maple Grove. Mr. Pedlar provided a copy of the materials that he was presenting and outlined the proposal that includes the development of a health care campus on 30 acres with emergency services, outpatient surgery, imaging, and a medical office building to open in early 2007; and an inpatient hospital including 80 beds scheduled to open in 2008 following Legislative approval in 2005. Phase two of the proposal would expand inpatient hospital capacity up to 260 beds and build future medical office buildings. Mr. Pedlar informed that he is seeking support from the Council. Councilmember O'Connor questioned if there are any other hospitals planned in Maple Grove. Mr. Pedlar responded that Fairview is planning on moving ahead with their outpatient care center which will be located on Fernbrook and 101 Avenue; and if they do not get approval for the hospital they will go back to their drawing boards and reevaluate. Councilmember Carmody inquired if the proposal would have a Level One Trauma Center. Mr. Pedlar responded that it will not be a Level One Trauma Center and is proposed for a Level Two or Level Three Trauma Center. Mr. Pedlar noted that there is a significant difference between Level One and Levels Two through Five Trauma Centers and that there is information available about the different levels. She asked if that information could be sent to the Mayor. RESOLUTION NO. 2005 -96 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING NORTH MEMORIAL HEALTH CARE'S PROPOSED NEW HEALTH CARE CAMPUS AND HOSPITAL IN MAPLE GROVE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. OPPORTUNITY SITE PRESENTATION OF TASK FORCE WORK TO DATE Damon Farber, Damon Farber and Associates, addressed the Council to outline the process and guidelines that are being proposed for City Council and Economic Development Authority input and direction as they proceed to the next phase. Mr. Farber discussed the area being considered and the chronology that started back in early 2001. 06/27/05 -7- Since 2004 Damon Farber and Associates has been working with the Opportunity Site Task Force (Task Force) and as a result of that, plans that had been developed have changed. Mr. Farber noted that they are not developing a final design. The intent of the study is to look at this site and identify areas for the best use whether it is housing, mixed use, retail, commercial development, or open space. They still have several meetings before they will be presenting again to the City Council in the middle of September. Mr. Farber discussed the land use context, the existing study area land use, and the transportation context. Transportation is a maj or issue for this site and the roadway system needs to somehow find its way into this site. He outlined the area of transportation and the issues that will be faced. They are hoping to help people understand how important public transportation is in terms of stewardship for environment. Mr. Farber discussed that the storm water and utilities context is very important to this site. The area is in two watershed districts and their intent is to make storm water management one of the most important aspects of the design and a focal point. Mr. Farber outlined the number of opportunities which include creating a new neighborhood that provides choices for living, working, shopping, and recreation; reuse of storm water as an amenity; create a unique sense of place; enhance civic presence; improve regional trail access; improve connection to existing neighborhoods; provide better connection to transit; improve access to and from highways; improve connection to Brookdale; and integrate adjacent land uses. Mr. Farber discussed that the Vision Statement the Task Force arrived upon states the Brooklyn Center Smart Growth Study Area will become a vibrant neighborhood within the City of Brooklyn Center. New housing, offices, retail space, and parks will provide dynamic choices with respect to living, working, shopping, and recreating within the City. The area will be easily accessible by car, public transit, bicycle, and on foot. The built environment and public open space will convey a high standard of development that marks this site as unique within the City of Brooklyn Center and the Metropolitan Area. Once they arrived at the Vision Statement they began to build upon the framework that was established in the Calthorp Study and look at the variety of alternatives which included Earle Brown Parkway, The Main Street, The Park Village, The Backyard, and The Urban Village. From that they moved to a preferred plan which is where they are today and they will be looking at the City's current zoning to see how this preferred plan will accommodate the mixed use development that is anticipated. Mr. Farber outlined the preferred plan design guideline systems which included context, open space, mix of uses, architecture, transportation, transit, utilities, and storm water. The conclusion of the Task Force and based upon comments from the community, was a parkway character focused around a large open space was the most appropriate scheme and one that clearly provided linkage to the civic core of the City and Shingle Creek Parkway. 06/27/05 -8- Mr. Farber reviewed a comparison of land use totals that included existing conditions, the Met Council Plan, and the study concept. He noted that numbers can be used in all sorts of ways and the numbers are general and not specific. Mr. Farber outlined and discussed district guidelines for a Mixed Use Center, Shingle Creek Neighborhood, Parkway Neighborhood, and Highway 100 District. Mr. Farber informed that the next steps will be to work with the Task Force and City staff to refine the zoning code and the City's Comprehensive Plan; work with the Task Force to finalize Request for Proposals for developers; get final approval from the City Council to move forward; and continue to inform business owners and community of project progress. Councilmember Carmody asked why retail is not being considered along Shingle Creek Parkway. Mr. Farber discussed that they looked at retail in a variety of different locations and that they wanted to put retail where it would be visible to the general public, compliment the development of Brookdale Center, and would not have a negative impact on the housing or on the Shingle Creek and civic core. Retail is still an option if a developer wants to consider it along Shingle Creek Parkway. Councilmember Carmody asked if the ponds will be full at all times. Mr. Farber responded that the ponds will be full to an extent of a certain water level. Councilmember Carmody asked if this entire site is located in School District No. 286. Mr. McCauley responded that the entire site is located in School District No. 286. I Councilmember Carmody inquired about on- street parking on Shingle Creek Parkway. Mr. Farber discussed the area that would have residential, commercial, and retail would have on- street parking. She expressed concern with traffic along Shingle Creek Parkway. Mr. Farber asked if Jim Benshoos could discuss the plan for traffic in the area. Mr. Benshoos addressed the Council and discussed that the first phase offered to the Task Force for Shingle Creek Parkway would replicate Shingle Creek Parkway the way it is now. After hearing that on- street parking might be something to be considered they have come to learn that on streets such as Shingle Creek Parkway it is possible to have on- street parking on the side where a development may be located. He did suggest not having parking on the west side because he believes that will promote people walking mid -block across the street which would not be safe. Councilmember Lasman asked if the proposal would include only daytime parking since the current ordinance prohibits overnight parking. Mr. Benshoos responded that there would be no intention to amend the current ordinance. Councilmember Niesen asked what role Damon Farber and Associates will have after the plan has been approved. Mr. Farber discussed that their responsibility will be end under the current contract with the development of Request for Proposals as well as helping the City to look at proposals from developers. 06/27/05 -9- Councilmember Niesen asked if Damon Farber and Associates is involved with the Comprehensive Planning. Mr. Farber responded they are involved with the Comprehensive Planning and the zoning process. Councilmember Niesen discussed her concern with traffic in other areas and asked Mr. Farber if his opinion is that the current roads in Brooklyn Center are feasible for this site. Mr. Farber responded that there are key roads for this development and that they are cognizant of the development for this site and traffic. Councilmember O'Connor asked if the City would own all the property when the project was all done. Mr. Farber responded that right now the looking at portions purchase and that the to p g h City is oo g p p roadways are public right -of -way. She asked if the City purchases the land and a developer is looking to purchase the land, would they then purchase it from the City. Mr. Farber responded that would be his understanding. Councilmember O'Connor inquired about the rents for commercial and town home properties. Mr. Farber responded they have not gotten to that point yet in the process. Mr. McCauley discussed that the design standards for residential have to have the ability to deliver the goal that is set forth and that it becomes distinctive and an asset. That is going to be a difficult description in their task because if the standards do not deliver a product that has stability, staying power, a sufficient market value impact, and creates an enhancement to housing opportunities, then it is not beneficial and not worth doing. Councilmember O'Connor asked if the value would be fairly high. Mr. McCauley responded that if the City were looking at an owner - occupied unit it would be between approximately $200,000 and $400,000. Councilmember Niesen asked if the City would be considering tax increment financing at this point in time or at a later date. Mr. McCauley discussed that the difficult issue is the City cannot develop a financing framework until the development concept is outlined. Councilmember Niesen expressed that she is not interested in giving public money to corporations to move or relocate; and informed that she would like to get as much feedback as possible from the community as to what stores and businesses they want in the City. Councilmember O'Connor expressed that she does not want to lose any of the 41 businesses located in the proposed site. Mayor Kragness suggested continuing on to the next phase. A motion by Councilmember Carmody, seconded by Councilmember Lasman that the Council direct Damon Farber and Associates to continue meeting with the Task Force and bring this back to the Council on September 12, 2005. 06/27/05 -10- Councilmember Lasman asked if that would begin the process of refining the Comprehensive Plan. F Mr. Farber responded that they will be meeting with the Task Force and will be looking at the zoning and the Comprehensive Plan. Councilmember Niesen discussed that she believes the City needs to move forward and explore this site. She believes there are some serious concerns with some of the businesses. She hopes that more citizens communicate with the Council to help with the site. Councilmember O'Connor voted against the same. Motion passed. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2005-010 SUBMITTED BY LHB ARCHITECTS. REQUEST FOR REZONING FROM CIA TO PUD /CIA AND DEVELOPMENT PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR A 250 ROOM HOTEL AND WATER PARK ON A 6.2 ACRE SITE TO BE ADDRESSED AS 6300 EARLE BROWN DRIVE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 16, 2005, MEETING. 1. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -010 SUBMITTED BY LHB ARCHITECTS 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TO BE ADDRESSED 6300 EARLE BROWN DRIVE) Planning d Zoning Specialist Ron Warren outlined what is being requested and explained the issue g g p g q P of why a Planned Unit Development (PUD) is being proposed for rezoning from C 1 A to PUD /C 1 A and development plan approval through the PUD process for a 250 room hotel and water park on a 6.2 acre site to be addressed 6300 Earle Brown Drive. Mr. Warren discussed that a memo was provided to indicate that there was a typo and that the building should have been indicated as a seven story building and that the report indicated a six story building in the Planning Commission Agenda packets. Councilmember O'Connor expressed concern about hearing that the building was six stories all along and now being told that the building is seven stories. Mr. Warren responded that he believes that the plans reviewed had seven stories and that effect is insignificant from the standpoint of what type of building could be located in the CIA underlying zone. He informed that the Planning Commission reviewed and recommended Planning Commission Application No. 2005 -010 at its June 16, 2005, meeting subject to the following considerations: • The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. • The Planned Unit Development proposal will allow for the utilization of the land in question 06/27/05 -11- in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. • The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a green strip along the Earle Brown Drive right of way that is less than 15 ft. This modification from the C1A ordinance standard is justified on the basis of the development plan being an appropriate plan for this area and that it is off set or mitigated by various factors contained in the approved site plan. • The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. • The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. • In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. • The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. • Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits.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 completion of all required site improvements. • A minimum B -612 curb and gutter shall be provided around all parking and driving areas.Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. • The building shall 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. • Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. • Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. • The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. • All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. • The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. • The applicant's storm water management plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. • The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be 06/27/05 -12- reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C 1 A underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. • The development plans shall be modified in the following manner. a. To provide a 3 %2 to 4 ft. high decorative fence along the edge of the property line abutting the Earle Brown Drive right of way to off set or mitigate the negative aspects of a reduced green strip. The decorative fence shall consist of concrete piers and wrought iron similar to that provided at the 69`" and Brooklyn Boulevard project. b. A modified landscape plan to be consistent with the landscape point system requiring 412 landscape points and a proper distribution of plantings on the site. c. Modification to the parking plan to provide a minimum parking space width of 8 ft. 8 in. Councilmember Niesen inquired about the 15 -foot green strip requirement and why the City put that requirement if so many people have a hard time meeting that requirement. Mr. Warren discussed that the City has had this provision in the Zoning Ordinance over forty years. He believes that it was probably established in approximately 1968 and prior to that time there were no provisions. He believes that it is not common for requests like this and that 80 to 90 percent of the developments in Brooklyn Center have green strips. It has been allowed to deviate from that through this PUD process. She inquired if there will be any green strip at all for the project. Mr. Warren discussed that there will be green from the edge of the street back to where the parking lot starts. Bruce Schlupsky, Landscape Architect from LHB Architects, addressed the Council and discussed the landscaping plan for the project. Councilmember Carmody questioned the pond size. Mr. Warren discussed that the pond itself was sized originally back in the mid 1980s and was sized to take care of the runoff given what was proposed at the time which was an office phase and would have been higher. He informed that the applicants will be required to go through the watershed management organization and will have to submit calculations to make a determination that the pond is sized appropriately. It is their requirement and responsibility to provide that data so it can be analyzed and may or may not result in a larger ponding area. Councilmember Carmody questioned if the issue of closeness from one of the Earle Brown Heritage Center buildings to the backside of the hotel had been resolved. Mr. Warren responded that it needs further review and will be resolved. 06/27/05 -13- Councilmember O'Connor asked for clarification regarding the three feet setback from the property line. Mr. Warren discussed that the Zoning Ordinance, not the Building Code, requires in a commercial district that the side yard setback be set at a minimum typically ten feet; however, it can go as close as three feet to a property line provided it meets all of the requirements for wall construction in the Building Code. Councilmember O'Connor questioned what will be done with all the water from the water park. Mr. Warren discussed that the utilities will have to be sized in order to fill and drain the water and he believes it would be drained through the public sanitary system. She inquired if the sanitary system will be able to hold all that water. Mr. Warren responded yes the sanitary sewer would be able to hold all the water and that calculations will have to be submitted to the City Engineer prior to the time of building permits. RESOLUTION NO. 2005-97 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005-010 SUBMITTED BY LHB ARCHITECTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor voted against the same. Motion passed. A motion by Councilmember Niesen, seconded by Councilmember Lasman to approve first reading of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (to be addressed 6300 Earle Brown Drive) and set second reading and public hearing on July 25, 2005. Councilmember O'Connor voted against the same. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYOR'S PROCLAMATION RECOGNIZING EAGLE SCOUT TROOP MEMBER ADAM HOCKERT Mayor Kragness read the Proclamation Recognizing Eagle Scout Troop Member Adam Hocket and Councilmember Carmody outlined the project for which Mr. Hocket was recognized. 10b. MAYORAL APPOINTMENTS TO PARK AND RECREATION COMMISSION AND PLANNING COMMISSION Mayor Kragness requested ratification of Muriel Lee to the Park and Recreation Commission and Eric Berns to the Planning Commission. 06/27/05 -14- A motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify Mayoral nomination of Muriel Lee with term expiring December 31, 2007, and Eric Berns with term expiring December 31, 2006. Motion passed unanimously. loc. RESOLUTION AUTHORIZING AMENDMENT TO AMENDED JOINT AND COOPERATIVE AGREEMENT ESTABLISHING THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF THE WEST MISSISSIPPI WATERSHED Mr. McCauley iscussed that in April 2004 the Council had approved an amendment which would Y P PP have set a ceiling on the annual increase that could be charged by both the West Mississippi and Shingle Creek Watershed Management Commissions. The West Mississippi Watershed Management Commission resolution had an incorrect ceiling and City Attorney Charlie LeFevere requested reauthorization at the correct ceiling. This item had been deferred to the attention of the Council because the cities of Brooklyn Park and Champlin had not approved it and it was requested that this matter come back before the Council with the amended amendment for consideration. Councilmember Carmody expressed that she believes this would be a housekeeping issue that should be taken care of and approved. RESOLUTION NO. 2005-98 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AMENDMENT TO AMENDED JOINT AND COOPERATIVE AGREEMENT ESTABLISHING THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF THE WEST MISSISSIPPI WATERSHED The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor inquired if this resolution is proposing that the City control and provide for the development of the West Mississippi Watershed. Mr. McCauley responded no and that it is simply amending the underlying Joint Powers Agreement to insert a limitation on the assessment increase that can happen in any one year. Motion passed unanimously. 10d. SHINGLE CREEK WATERSHED PROPOSED AD VALOREM TAX FOR BANK STABILIZATION PROJECT IN BROOKLYN PARK 06/27/05 -15- Mr. McCauley discussed that the Shingle Creek Watershed Management Commission provided notice to the Council that they proposed to amend their capital improvement program to participate in a channel improvement and greenway proj ect in the City of Brooklyn Park. The Council has had a number of discussions regarding a more comprehensive planning process that the watershed is discussing. He informed that he prepared for Council consideration two alternates to convey a position. Alternate one would oppose a one -time use of ad valorem tax in the absence of a comprehensive plan that is across the watershed and addresses the issue that was brought before the Council previously. Alternate two would simply indicate that the Council was supportive of the proposal to go forward with the Brooklyn Park project with the use of an ad valorem tax. Council discussed this matter and a letter that had been included with non - verified signatures. Councilmember Niesen expressed that she would like the Council to respond to the watershed regarding the non - verified signatures and inform them that they need to take measures to make sure this does not happen again. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve alternate one, opposition to ad hoc use of ad valorem taxes, and convey this message to Graydon Boeck. Motion passed unanimously. 10e. RESOLUTION AUTHORIZING LEASE BETWEEN CITY OF BROOKLYN CENTER AND LOGIS FOR POLICE BUILDING SPACE Mr. McCauley discussed that this item and item 10f, Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2005 -12, City of Brooklyn Center Fiber Optic Network and Authorizing Expenditures for Related Equipment, are integrally related because the City would not be able to do Item 10e unless the Council approved the police portion of Item l Of. This first item would have LOGIS locate a backup facility and split some of its server locations between the Police building in Brooklyn Center and LOGIS' building in Golden Valley. LOGIS is doing this for security purposes, and among the benefits to the City besides money, is if the LOGIS facility went down the City would have the backup system operating in the police building. In the second item, the fiber optic proposal is needed in order for LOGIS to operate. Mr. McCauley outlined the other fiber optic proposals included with item l Of. Councilmember Niesen asked if it was in the plan to connect the Police Department in the first fiber optic plan. Mr. McCauley discussed that staff had hoped to do a second phase and when.the first phase was looked at with costs estimated, the fire, golf course, and the liquor stores were eliminated. When that analysis was the savings in terms of equipment projected at that time, as well as the need for it did not seem to justify those locations. Future extension in a second phase to the Earle Brown Heritage Center, Police, and Public Works garage was a future goal. 06/27/05 -16- Councilmember Niesen asked how the 66 percent was arrived. Mr. McCauley responded that Assistant City Manager/Director of Operations Curt Boganey negotiated with LOGIS. She inquired if there was any other planned use for the space that LOGIS will occupy. Mr. McCauley responded that there is no planned use for the space at this time and that the space is not currently finished space. She inquired if the City will incur any more insurance costs. Mr. McCauley responded that LOGIS will be required to insure their contents. Councilmember O'Connor inquired if there will be confusion with them owning their fiber stands. Mr. McCauley responded that he believes it should not be a problem because the cable coming to the City is now set up that way. RESOLUTION NO. 2005-99 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING LEASE BETWEEN CITY OF BROOKLYN CENTER AND LOGIS FOR POLICE BUILDING SPACE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember O'Connor abstained. Motion passed. loc RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005-12, CITY OF BROOKLYN CENTER FIBER OPTIC NETWORK AND AUTHORIZING EXPENDITURES FOR RELATED EQUIPMENT Councilmember Niesen inquired if the allocation of money for this is something new or a normal practice. Mr. McCauley discussed this is not budgeted in either of the two funds and the amount of monies, given the relative size of the funds, should not be an issue. RESOLUTION NO. 2005 -100 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2005 -12, CITY OF BROOKLYN CENTER FIBER OPTIC NETWORK AND AUTHORIZING EXPENDITURES FOR RELATED EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember O'Connor abstained. Motion passed. log. FIRST READING OF AN ORDINANCE FOR DISPOSITION OF PROPERTY AT WILLOW LANE PARK 06/27/05 -17- Mr. McCauley discussed that this ordinance relates to the title work on the land swap with the Osseo School District. An issue arose that may or may not be a problem in the future with the correct description of property that the City was using. This ordinance is proposing to clarify by quit claiming to the property owner. Councilmember O'Connor questioned who owns the land now and the land swap with the Osseo School District. Mr. McCauley discussed that a private homeowner owns the land and outlined the history of the land swap with the Osseo School District. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading of an Ordinance Authorizing the Execution of a Quit Claim Deed for Certain Land in the City and set second reading and public hearing on July 25, 2005. Motion passed unanimously. 10h. REPORT ON POLLUTION REDUCTION SURVEY OF EMPLOYEES Mr. McCauley discussed that two months ago the Council had requested a survey for employee suggestions on pollution reduction. Included with the materials was a report from the Deputy City Clerk on the solicitation of employee suggestions and the lack of response that was received in the period of time. Councilmember O'Connor expressed that she would like Mr. McCauley to talk directly to the Public Works employees on this issue. Councilmember Carmody asked her to make a motion if she would like a direction taken and discussed that there is information available from the watersheds that the City has complied with. A motion by Councilmember O'Connor was made directing the Public Works staff be asked how to reduce pollution that goes into Shingle Creek and the Mississippi River. Motion died due to lack of a second. 10i. RESOLUTION AUTHORIZING PERSONAL/PROFESSIONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this resolution would authorize the Police Cadet Program through the grant funds from Hennepin County. RESOLUTION NO. 2005-101 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PERSONAL/PROFESSIONAL SERVICE AGREEMENT BETWEEN THE COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER 06/27/05 -18- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Carmody expressed that she believes this will be good program for the City. Councilmember O'Connor questioned if the cadet will be an independent contractor. Mr. McCauley discussed that the cadet will be an employee of the City and the City would be the contractor with Hennepin County. Motion passed unanimously. 10j. LICENSES Councilmember Niesen questioned if the Twin Lake Manor percent of calls would trigger action for a provisional license. Mr. McCauley discussed that the percentage does not meet the provisions for a provisional license. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses: GARBAGE HAULER Aspen Waste Systems, Inc. 2951 Weeks Avenue, Minneapolis BFI Waste Systems P.O. Box 39, Circle Pines Darling International, Inc. 9000382 nd Avenue, Blue Earth T & L Sanitation Service P.O. Box 49695, Blaine MECHANICAL Air Comfort Specialists 662 116 Lane NE, Blaine Dependable Indoor Air Quality Inc. 2619 Coon Rapids Boulevard, Coon Rapids Key Metal Craft 8201 Pleasant South, Bloomington Mike's Gas Service 2275 Cedar Avenue, White Bear Lake Northern Heating & A/C Inc. 9431 Alpine Drive NW, Ramsey RENTAL Renewal: Twin Lakes Manor (3305 -3433 53` Avenue North) - Twin Lakes Properties, LLP (12 Buildings, 310 Units) 5118 66` Avenue North (Single Family) - Scott Hanson Willow Lane Apts. (7015 -21 Brooklyn Boulevard) - Miller Management Co. (2 Buildings, 58 Units) 5200 Drew Avenue North (Single Family) - Morris Matthews 06/27/05 -19- I 4200 Lakebreeze Avenue North - Michael Lattery (1 Building, 4 Units) Motion passed unanimously. 10k. RESOLUTION APPROVING FINAL PLAT, CVS PHARMACY BROOKLYN BOULEVARD ADDITION Councilmember Niesen questioned the expanded storm water pond. Director of Public Works /City Engineer Todd Blomstrom added that the applicant needed a larger storm water detention pond and is in the process of obtaining property from the Cross of Glory Church to expand the storm water pond into a small outlot that the Church owns. Mayor Kragness added that she is a member of the Church and that they are aware of the issue and are in favor of the applicant's request. RESOLUTION NO. 2005-102 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, CVS PHARMACY BROOKLYN BOULEVARD ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember O'Connor voted against the same. Motion passed. 101. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Councilmember O'Connor informed that she would not be voting in favor for this resolution since she believes some of the trees are still living. She would prefer not to have them taken down so quickly after a portion of the tree is considered diseased and believes that the City should allow the residents more than 20 days to remove the trees once they are considered diseased. RESOLUTION NO. 2005-103 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor voted against the same. Motion passed. 06/27/05 -20- 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 10:13 p.m. Motion passed unanimously. Y'1 City Clerk May 06/27/05 -21-