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HomeMy WebLinkAbout2005 01 24 CCM Study 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 STUDY SESSION JANUARY 24, 2005 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Acting City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, City Clerk Sharon Knutson. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested a change to the January 10, 2005, Study Session Minutes. She requested that paragraph 5 on page 3 under the heading Miscellaneous read, "Councilmember O'Connor inquired if the Planning Commission advises the Council and the Council makes final decisions." Councilmember O'Connor also requested further information on City Council Agenda Item No. 7b, approval of the rental license for the Pines Apartments. She inquired whether or not the Pines Apartments had too many crimes and if the Council should approve the license. Councilmember Lasman responded that there is an ordinance which states that a provisional license would be required if the calls for service per unit in that complex were .65 or more. Acting City Manager Curt Boganey informed that the item could be pulled for further review. He also informed that the current ordinance has established standards and would not allow the City Council to disapprove a license if the standard was below the threshold, only if the threshold were exceeded. Councilmember O'Connor requested to remove Item Nos. 7d, 7e, 7f, and 7g from the Consent Agenda and place under Council Consideration Items. She explained that she would like to know more information about the Brooklyn Center Fire Relief Association, including what it is and how it makes money. There was discussion regarding the Brooklyn Center Fire Relief Association, and it was noted that it was not associated with the City of Brooklyn Center but is a private, non - profit association, a charitable organization. 01/24/05 -1- Councilmember`Lasman discussed City Council Agenda Item No. 9a regarding the Special Use Permit application submitted by Glenn Kurke. She inquired if home businesses are regularly inspected. She also inquired how the City would hold the applicant accountable for the conditions that were recommended by the Planning Commission. Mr. Boganey responded that it is his assumption that the City would not do an annual home occupation inspection unless there was a complaint. Mr. Boganey offered that the City Council could include in its action an additional condition that would require periodic inspection, however, that may be discriminatory and perhaps the City Attorney should advise. He also offered that the Council could consider establishing a policy or an ordinance to address home occupations and require inspections. Director of Community Development Brad Hoffman addressed the City Council and affirmed that an inspection would be made only on a complaint basis. Councilmember Lasman expressed her concern regarding the ammunition storage and the City insuring compliance with the condition recommended by the Planning Commission. There was discussion regarding the type of specialty rifles that the applicant is manufacturing with regard to whether or not they are single shot rifles, automatic, or semi - automatic. Councilmember O'Connor inquired whether nearby property owners had been informed of the application for the Special Use Permit. Mr. Boganey responded that Planning and Zoning Specialist Ron Warren would be at the Council meeting to address questions regarding the Planning Commission Application. Councilmember Lasman inquired about City Council Agenda Item No. l Of regarding the Metro Transit Authority request for a variance from the State Fire Code and location of fuel tank enclosure. She inquired if the storage tanks were additional or replacement storage tanks and inquired about how tamperproof the tanks were. Mr. Hoffman addressed the City Council and stated that the tanks would replace underground tanks and the fence around the tanks would match the exterior of the building. There was discussion regarding the location of the tanks in the front of the building and also the concept of two tanks rather than four. The Council inquired why the State accepts 12,000 gallon tanks but not 24,000 gallon tanks and whether or not this is a safety issue. Mr. Hoffman addressed the Council and explained that the Fire Chief had reviewed the application and is recommending and requiring a fire sprinkler system. The fire sprinkler system could handle the fire if someone tried to tamper with entry to the tanks, however, it would not put out a fire in the tanks. Councilmember Niesen inquired about City Council Agenda Item No. 7f and 7g regarding the Brooklyn Center Fire Relief Association and how often the license is approved. City Clerk Sharon Knutson responded that the organization is licensed by the State every two years and the premises permit applications are renewable when the organization license is approved, but need City authorization on the location. 01/24/05 -2- Mr. Boganey said he had been provided with the information regarding the number of units in the Pines Apartments, and there are 104 units. The 32 crimes that are listed on the license sheet are below the threshold of .65. Councilmember O'Connor discussed City Council Agenda Item No. 8a, An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard). She inquired if the land is owned by the Osseo School District and whether or not the Brooklyn Center taxpayers in the Osseo School District will be taxed for the adult education center. Mayor Kragness responded affirmatively and explained that it was part of the referendum that was passed by the voters for building improvements. Councilmember O'Connor inquired whether any homes would be taken in that project, and Mayor Kragness responded that one homeowner is in negotiation with the Osseo School District. Councilmember O'Connor discussed City Council Agenda Item No. 8b, An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition. She inquired about the purpose of vacating utility easements. Director of Public Works /City Engineer Todd Blomstrom addressed the City Council and explained that with the replatting, the easements still remain and they should be vacated. He explained that easements are areas that the City reserves for utilities such as power lines. Mr. Boganey explained the approval of the vacation means the City has determined it has no further use for these easements. Councilmember O'Connor inquired what would happen if the City Council did not approve the vacation of the easements. Mr. Blomstrom responded that the preliminary plat had already been approved by the Council, and unless there were certain engineering or technical reasons to deny the final replatting, the vacation of easements should be approved. Councilmember O'Connor discussed City Council Agenda Item No. IOb, Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion in Support of the Adaptive Recreation Program, inquiring about adaptive recreation. Mr. Boganey explained that adaptive recreation is designed to make recreation activities more accessible to individuals with handicaps. Councilmember Carmody explained that the Council had cut the funding for adaptive recreational programs out of its budget. Councilmember O'Connor discussed City Council Agenda Item No. 10d, Resolution Expressing Appreciation for the Donations of the Brooklyn Center Fire Relief Association in Support of Earle Brown Days Fireworks, the Adaptive Recreation Program, the Special Events Program, and the Laptop Computer, inquiring about the Special Events Committee. Councilmember Lasman responded that the Special Events Committee coordinates and plans activities such as the Brooklyn Center Birthday Celebration and other community events. City Attorney Charlie LeFevere and Planning and Zoning Specialist Ron Warren arrived at 6:38 p.m. Mr. Boganey asked the City Attorney and Planning and Zoning Specialist to respond to Council questions regarding the Special Use Permit application. 01/24/05 _3 _ City Attorney Charlie LeFevere addressed the City Council regarding Planning Commission Application No. 2005 -001 regarding the Special Use Permit. He explained that Special Use Permits used to be approved on an annual basis, however that has been changed and Special Use Permits are not treated like an annual license, but are issued for an indefinite time period. He said that a condition could be added that would require an annual certification that would state that the applicant continues to meet the Planning Commission Conditions. Mayor Kragness inquired if anyone in the audience wished to address the Council for Informal Open Forum at 6:45 p.m. There being none, City Council Study Session continued. Planning and Zoning Specialist Ron Warren addressed the Council and explained that no one from the public appeared at the Planning Commission Public Hearing regarding the Special Use Permit. He indicated he received one note from a neighbor that explained that he did not object to the application. He said the reason the applicant must apply for the Special Use Permit is because it involves customer traffic at his residence. Mayor Kragness noted that the home occupation is located relatively close to Earle Brown School. Mr. Warren responded that the applicant would prefer that people do not know about his home occupation, and he has a sophisticated security system and no outside signage. He indicated that the ordinance does not prohibit outside signage, and the applicant would need to apply for a sign permit if he chose to put up an outside sign. Discussion continued regarding the type of guns manufactured by the applicant and whether or not they were kits, hunting guns, automatic, or semi - automatic. It was noted the applicant would be present at the Council meeting to answer Council questions. WORK SESSION AGENDA ITEMS AS TIME PERMITS No time permitted for discussion of Work Session agenda items. MISCELLANEOUS There were no miscellaneous items. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the Study Session at 6:54 p.m. Motion passed unanimously. 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