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HomeMy WebLinkAbout2005 02-28 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 FEBRUARY 28, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM There was a motion by Councilmember Niesen, seconded by Councilmember Carmody to open the Informal Open Forum at 6:45 p.m. Motion passed unanimously. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and 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 Hoffinan, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. No one appeared before Informal Open Forum. There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was offered for the Invocation. 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 Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and 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, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 02/28/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen commented on an incident that recently occurred in which a train was blocking the roadway at the France/ Azelia crossing. She said the stopped train held up traffic, including a school bus that had to back up and turn around. She said she had talked with the City Manager regarding regulations about trains blocking the roadway, and it is a violation for a train to block a crossing for more than ten minutes. She stated that she had discussed this incident with a representative from Canadian Pacific. She further stated that this can create a dangerous situation in an emergency, and it is a violation of the law. She said there is a fine of $300 for each violation and encouraged people to report if there is a train blocking a crossing for more than ten minutes. Councilmember Carmody reported that she attended the February 23, 2005, Community Meeting held by the Police Department. She said there were speakers of different ethnic backgrounds including Liberian, Hispanic, and Hmong who talked about some of the cultural differences. She said that she also attended the Human Rights Coalition poster contest meeting. She reported that the awards night for the poster contest will be held at the Brooklyn Center Library on March 15. Councilmember Lasman reported that she attended the Crime Prevention meeting on February 16, and there are 191 Neighborhood Watch groups, with five interested groups. She said the Citizen Police Awards will be in Constitution Hall on April 20, 2005, and the Crime Prevention golf tournament will be held May 20, 2005. She reported that she attended the February 23 and 24, 2005, Police Community meetings, and she hosted the Special Events Committee wrap -up meeting on February 24, 2005, and attended the Youthrive Peacemaker breakfast. Councilmember O'Connor reported that she attended the Police Community meetings, and the Housing Commission meeting, which had Tim Willson as guest speaker to talk about the Opportunity Site plans. Mayor Kragness reported that she attended the Northwest Hennepin Teen Pregnancy Community meeting and two Eagle Scout Court of Honor programs at St. Alphonsus for Ryan Snee and Steve Gerber. She also said she met with Ambassador Weah at City Hall last Friday, and said that he is the UNICEF Goodwill Ambassador and recipient of the 2004 Arthur Ashe Courage Award for his humanitarian work, and is running for president of Liberia. 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 with the amendment of removing the February 14, 2005, Work Session Minutes, and removing Item No. 7c from the Consent Agenda to Council Consideration Item No. 1 Oc and that the rest of the Council Consideration Items be renumbered consecutively following 10c. Motion passed unanimously. 02/28/05 -2- 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the February 14, 2005, Study Session minutes and the February 14, 2005, Regular Session minutes. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses: MECHANICAL Bruce Nelson Plumbing & Heating 1272 S Point Douglas Rd, St. Paul RENTAL Renewal: 407 -607 70th Ave N & 504 — 604 69th Ave N Gary Brummer River Glen Apartments (128 Units) 4 assaults, 10 disturbing peace I burglary, 1 arson, I fire 5239 Drew Ave N (Two Family) William Washington 0 calls 6809 Fremont Place N (Single Family) Terry Hartmann 0 calls 1543 Humboldt Place N (Single Family) Kwi Ha Wong, Suburban Properties 0 calls 4806 Twin Lake Ave (4 Units) Gregory Young 2 disturbing peace, I drug Initial: 6512 Chowen Ave N (Single Family) David Moulder 0 calls TOBACCO RELATED PRODUCT Brooklyn Amoco 6044 Brooklyn Boulevard Motion passed unanimously. 7c. RESOLUTION APPROVING FINAL PLAT, OSSEO SCHOOLS WILLOW LANE ADDITION This item was removed from the Consent Agenda to Council Consideration Item No. l Oc. 02/28/05 -3- 7d. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2004 -15, 2004 MISCELLANEOUS CONCRETE REPAIRS RESOLUTION NO. 2005-35 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2004-15,2004 MISCELLANEOUS CONCRETE REPAIRS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. PUBLIC HEARING ITEMS 8a. IMPROVEMENT PROJECT NOS. 2005-01,02,03, AND 04, LIONS PARK SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03, AND 04, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Manager Michael McCauley said that there are two Public Hearings for the Improvement Project and Director of Public Works/ City Engineer Todd Blomstrom would provide a presentation. Director of Public Works/ City Engineer Todd Blomstrom displayed a PowerPoint presentation on the Neighborhood Improvement Program and specifically the Lions Park South Neighborhood Project. He reviewed the Neighborhood Improvement Program explaining that the purpose was to replace aging and deteriorated City infrastructure. He said the proposed project includes roadway, storm drainage, and utility improvements for the Lions Park South Neighborhood. Mr. Blomstrom said there are two Public Hearings; the first Public Hearing is to order the improvements and authorize development of plans specifications for the project, and the second Public Hearing is to consider certification of proposed special assessments for the project. He reviewed the improvement needs that were identified in the feasibility report, including pavement deterioration and poor drainage in the streets; corrosion and cast iron pipe material in the water main; root intrusion and infiltration in the sanitary sewer; and pavement subgrade and local flooding in the area of storm sewer. 02/28/05 -4- He reviewed the proposed improvements as follows: • Streets — curb and gutter, driveway aprons ■ 32' wide: 54th Avenue and Russell Avenue ■ 36' wide: 53rd Avenue (Penn to Russell) ■ 32' wide: remaining streets • Sanitary sewer — new structures and pipe • Water main — new ductile iron pipe • Water and sewer services — replacement to ROW • Storm sewer — extensions, treatment • Reforestation — following spring Mr. Blomstrom reviewed the project budget and the various funds that would pay for the cost of this project, with special assessments being $3,851 per lot for street and storm drainage. He reviewed the special assessment payment options as follows: 1. Pay in full — no interest between March 1 and September 30, 2005 2. Pay in full from October 1 to November 29, 2005, with interest calculated at 5.5% 3. Pay in installments with property taxes over a 10 -year period starting in 2006 with interest calculated at 5.5% He explained that partial prepayment cannot be accepted, although a property owner could pay off either the street assessment or the storm drainage assessment. Mr. Blomstrom reviewed the preliminary project schedule which anticipates the project being bid April 19, 2005, with substantial completion by October 31, 2005. He also explained that there will be a preconstruction meeting that all property owners in the area will be notified of and encouraged to attend. Other forms of communication with property owners will be a newsletter, the construction hotline, the City's web site, and the City Construction Coordinator. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Del Eriksson, 2207 5 5th Avenue North, addressed the Council and inquired how the assessments are being allocated and if the cost is divided equally. He said that it was mentioned in the presentation that along 55th Avenue North the pipe was not being replaced, and he believes they should not be assessed for the same amount. Mr. McCauley responded that the water improvements are paid out of the water utility fund, and the assessment allocation of cost for this project is for a portion of the total cost of street and curb and gutter. Mr. Blomstrom explained that 55th Avenue residents will get new water services, although the 16 inch water main is not being replaced. He further stated that the assessments that are being proposed are only for the street and storm drainage, and the utility replacements are being paid for from the water fund. 02/28/05 -5- Dawn Salzwedel, 2219 55th Avenue North, addressed the Council and inquired about the trees that would be taken and replaced and the project bidding process and cost estimates. Mr. Blomstrom responded that generally trees are removed and replaced if the water service lines from the street to the home are blocked by trees planted on top of the water service. He further said that despite the fact that the water main in the street is not being replaced, the water services are being replaced and there may be the need to remove trees. With regard to the bidding process and cost estimates, Mr. Blomstrom responded that the cost is estimated each year, however the City has built a database of project costs over the past 12 years. He further stated that it is a competitive bidding process, bid on the open market to any large construction company. Mr. Eriksson addressed the Council and added that when this project is complete, the considerable sums spent on maintenance repair work will cease, and he inquired where those savings will be reflected. Mr. Blomstrom responded that the sanitary sewer leaks more and more as the system gets older and generates more waste water. The Metropolitan Council bills the City for the waste water and it is divided among citizens. He said that the savings are reflected Citywide in a sanitary sewer rate, however the savings are not reflected specifically to each project area. Tim Leick, 5401 Penn Avenue North, addressed the Council and explained that he is planning on selling his home and inquired how the special assessments affect his sale. Mr. McCauley responded that Mr. Leick would need to disclose to the buyer that there is a pending assessment on the property. Mayor Kragness added that the buyer and seller could also negotiate the special assessment. Joseph Lampe, 2118 55th Avenue North, addressed the Council and discussed construction quality control, as he observed that the sidewalks were uneven after Logan Avenue was completed. Sharon Valerius, 2218 55th Avenue North, addressed the Council and inquired about the trees that would be removed and w which ones would whether or not the homeowner would be informed about h o be taken. Mr. Blomstrom responded that there would be a ma at the reconstruction meeting which p p P g would identify which trees need to be removed. Everett Lindh, 2107 55th Avenue North, addressed the Council and inquired about having plumbing problems taken care of during the project rather than at another time and whether or not there were contractors available for that type of work. Mr. Blomstrom responded that the property owner would need to negotiate a deal with the contractor. He also said that a schedule would be available so that they could see when the contractor would be coming through. Mr. Eriksson addressed the Council and expressed his appreciation for the information provided at the meeting. He also said he had witnessed on Logan Avenue that the water connections on some of the properties were sticking up above the grass. Mr. Blomstrom responded that the City is more aggressively pursuing testing, such as concrete and packing. He further explained that there is a punch list with a final list of items that must be completed before final payment is made to the contractor. 02/28/05 -6- Mr. Eriksson further stated that curbing creates water pollution and is a bad thing for the environment. He inquired about the short length of time of the assessment. Mayor Kragness responded that if the assessments were extended further, the interest would cost more. Councilmember Carmody added that the street bonds for the project are for ten years. Councilmember Lasman asked for clarification from Mr. Blomstrom regarding the question about curbs and the water pollution from the runoff. Mr. Blomstrom responded that to mitigate for potential water quality impacts, the project includes the installation of sediment structures and the rehabilitation of a storm water pond within Centerbrook Golf Course. The main benefit of the curb is that it dramatically extends the life expectancy of the paved street. Ms. Salzwedel addressed the Council and inquired about the 5.5% interest rate, as she believes it is higher than the market is right now. Mr. McCauley responded that it is rounded up approximately 2% from what the bonds cost to sell. There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Public Hearing. Motion passed unanimously. Councilmember Carmody encouraged homeowners who choose to contract for water service replacement on their own to get more than one bid. She also commented that at times the homeowners would not be able to use their driveways and may need to make certain arrangements with the Construction Coordinator for access. Councilmember Niesen inquired about the warranty on improvement projects. Mr. Blomstrom responded that the improvement projects generally have a one -year warranty and any defects need to be caught before the warranty runs out. Councilmember Niesen inquired about whether property owners can opt out from the removal of trees in their yard. Mr. Blomstrom responded that there was an option last year for affected homeowners not to replace the water service and to preserve trees. He explained that if a homeowner opts out and their water service needs repair, the City is not responsible for the repair. Councilmember O'Connor expressed her appreciation for the input from the residents. She discussed the water quality issue in the Shingle Creek Watershed and explained that she prefers no curbs and suggested that possibly in the future it could be looked at to do street improvements with no curbs. RESOLUTION NO. 2005 -36 Councilmember Lasman introduced the following resolution and moved its adoption: 02/28/05 -7- RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03, AND 04, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2005 -01 AND 2005 -02, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley said that the second Public Hearing is for assessments for Improvement Project 2005- 01 and 2005 -02, Lions Park South Neighborhood Street and Storm Drainage. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2005 -37 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2005 -01 AND 2005 -02, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. PROPOSED USE OF 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 1. RESOLUTION APPROVING PROPOSED USE OF FUNDS FOR 2005 URBAN HENNEPIN COUNTY BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS 02/28/05 -8- Mr. McCauley said this is the Public Hearing on the projected use and setting the budget on CDBG funds that are provided by the Federal government through Hennepin County. He explained that under Federal rules there are limitations on the use of funds, and each City is limited to a 15% cap on public service projects. He said that both the CEAP and H.O.M.E. programs are categorized as public service projects. He explained that the major component is the Housing Rehabilitation Program, which is administered by Hennepin County, and it is the same percentage allocation as it has been for the last one or two cycles. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Steve Klein, CEAP Executive Director, addressed the Council and expressed appreciation for this funding. He explained that the two largest groups being served are in the age group 80 to 84 and 85 +. He outlined the services provided, which include outside maintenance such as grass mowing and trimming and inside cleaning and minor repairs. Jo Walter, Director for the H.O.M.E. Program, addressed the Council and expressed appreciation for the funding. She explained that last year 32 different jobs were completed in Brooklyn Center. She said that the goal is to help the homeowners keep their houses up to code and not become an eyesore in the neighborhood. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. Councilmember O'Connor commented that she wished the Federal government would stop collecting taxes and reduce the taxes rather than giving the money back to Hennepin County to distribute to cities. RESOLUTION NO. 2005 -38 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 02/28/05 -9- 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2005-002 SUBMITTED BY BEAR CREEK CAPITAL, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE EIGHT EXISTING LOTS LOCATED AT THE NORTHWEST CORNER OF COUNTY ROAD 10 (58TH AVENUE NORTH) AND BROOKLYN BOULEVARD INTO TWO LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 17, 2005, MEETING. Mr. McCauley explained that Item Nos. 9a and 9b relate to the same location and developer. He said the first resolution is the preliminary plat approval to combine eight existing lots into two lots. If the resolution were adopted, then the second part is to adopt a resolution which accepts the Planning Commission's recommendation and the rezoning and adopts an ordinance to effect that rezoning to the Planned Unit Development. Bill Tippmann, Bear Creek LLC, addressed the Council and discussed the CVS Pharmacy proposal. He said that CVS is working with Hennepin County on approximately 30 locations. Two sites are complete in Plymouth and Maple Grove and two are under construction in New Hope and Chanhassen. He said he estimates that in the next two to three years there will be approximately 50 to 60 sites. He, explained that it is an assemblage of 5 different properties and they have an agreement with the dental clinic to co- develop the two properties together for co- access and shared parking. He said they have had several meetings with Hennepin County Traffic Department to control both Bass Lake Road and Brooklyn Boulevard, and he outlined the three access areas. He discussed the fence requirements between the commercial and residential properties, noting that a six -foot privacy fence and landscaping would buffer between residential properties and the dental clinic and an 8 -foot fence between CVS Pharmacy and residential as per the City's Code. He said the area between the residential properties and CVS Pharmacy would serve as a storm water detention area with plantings. Mayor Kragness explained that there had been a question at the Study Session regarding whether or not there are agreements with all five property owners. Mr. Tippmann responded affirmatively, and noted that the owner of three of the properties was in the audience. Councilmember O'Connor asked if the agreements were voluntary. Mr. Tippmann responded affirmatively. Dan Soffa, 3605 Evergreen Lane, Plymouth, addressed the Council and said he is the owner of three of the properties and is very happy with the proposed purchase agreements. Councilmember Niesen said that she had talked to two of the homeowners, and one had no idea of this proposed project. She also said that one of the homeowners was re- roofing because an inspector had come by last year and cited the property for code violations. There was discussion amongst Councilmembers Niesen and O'Connor regarding the two properties and whether or not they were rental or owner occupied. 02/28/05 -10- Councilmember O'Connor asked Mr. Tippmann if the properties are in contract to be sold. Mr. Tippmann responded affirmatively. Councilmember Niesen expressed her opposition to this development at this location because she believes it goes against what the City has discussed and is planning to do. She supports the walkable and wheelable communities' concept which orients stores close to the street to promote walking and allows for more green space. She further stated that the City's Comprehensive Plan has this area zoned for a service facility, such as a coffee shop or barber shop, not a large, tall retail building with drive -thru service. She said she welcomes CVS Pharmacy but raised the question of whether the store could be located at a different site, as there are several vacant commercial properties in Brooklyn Center. Mr. Tippmann said that CVS has chosen this site after reviewing several other sites in Brooklyn Center. Councilmember Niesen discussed the Opportunity Site and the goal to place retail businesses in that site. She said this will change the character of the neighborhood and traffic would be a concern. She suggested other sites such as Jerry's NewMarket site, Rainbow site, or Brookdale for this type of development. She said she does not believe this store is suitable for this location. Councilmember Lasman said that one of the goals of the Comprehensive Plan was to remove single family housing from Brooklyn Boulevard since it is an inappropriate use, and this development does support that plan. Councilmember Niesen said that the difference is what it is zoned for is to protect the neighborhood. Mayor Kragness said that the Planning Commission reviewed this proposal thoroughly and made recommendations. She further stated that it is very well studied before it goes to the Planning Commission. Councilmember Niesen said that the focus of the Planning Commission is compliance and aesthetics, and it is not their responsibility to decide what fits with the City Council goals. She said that if this business were to fail, it would be another vacant building in the City and the City has enough of this type of business. She further requested the justification for why CVS Pharmacy chose this site, and she would like to see who received letters and what the public comments were regarding this proposal. Councilmember Carmody said the issue that she has with the proposal is the traffic on Bass Lake Road and how much that will increase. She further stated that she understands the concept of the walkable and wheelable communities that are acceptable, and she wouldn't want it to look like that. She inquired about the radius of the properties who had received letters notifying of this development. Mr. McCauley responded that it would have been somewhere between 300 and 500 feet from the property lines of the proposed rezoning. 02/28/05 -11- Councilmember Lasman said one of the purposes of PUD zoning is to give the Council flexibility so that it can make changes to the zoning. She asked Councilmember Niesen what her specific concern was with the development. Councilmember Niesen responded that the Comprehensive Plan did not propose retail in this area but service or office use. She said that the retail is concentrated in the Opportunity Site area, as well as the area where Rainbow was located and closer to I -694. She further stated that she does not believe that CVS Pharmacy will succeed in this proposed location. Councilmember Lasman inquired if Councilmember Niesen's main concern was that the business would fail. Councilmember Niesen responded that her concerns are the parking lot configuration, the height of the building, the lack of cohesiveness with the neighborhood, the increase in traffic, whether the design will fit in with the Brooklyn Boulevard Streetscape Amenities Plan, and that it does not support the Comprehensive Plan. She further stated there are plenty of other spaces available in the City and does not want to discuss this further until she can see the justification for this location. There was discussion regarding the intersection and medians on both Bass Lake Road and Brooklyn Boulevard, including the turn lanes and short distance for allowing stacking of cars. Councilmember Niesen said that this development takes away green space and also hinders the watershed protection. She requested the justification for CVS Pharmacy to choose this location, and she inquired if the City Manager had a copy of that report. Mr. McCauley responded that he did not have that report and further stated that the only reason the City would require financial and feasibility study information is if City money were involved in the project. He said that when it is a market place development the City needs to look at if it fits the zoning and uses and the Comprehensive Plan. He further stated that it has been the Council's policy to take residential property off of Brooklyn Boulevard and put in commercial uses, as the residential property is not sustainable. He said that CVS conducted their own study and decided that this was the most advantageous site. Councilmember Niesen inquired why CVS would want to takes homes and locate in an area that is not properly zoned. Mr. Tippmann responded that the CVS business model is to be located at a major intersection on the "going home" side of the street. He further stated that the other sites do not fit the CVS business model. Mayor Kragness stated that she would like to move forward with this item, and further information could be brought back to the Council for the March 28 Public Hearing. Councilmember Niesen explained that she believes that if the Council goes forward with this proposal at this time, it will be approved no matter what. She further stated that it is a tall building that does not fit the character of the neighborhood. Mayor Kragness responded that the office building next to this site is a three -story building and there is a large church north of that, so CVS Pharmacy would not be out of place. 02/28/05 -12- Councilmember Niesen explained that as you drive south on Brooklyn Boulevard, the office building is set back and the neighborhood is dark and quiet. Mayor Kragness responded that the neighborhood is located on a busy, noisy intersection. Councilmember O'Connor said that this development will produce more water runoff and chloride into Shingle Creek. She said that there already are plenty of other business sites available, the City doesn't need another pharmacy, and she doesn't want to give up the green of those five properties. Councilmember Carmody said that she has been attending the watershed meetings and that new development such as this type of project improve the water quality because they require storm water detention ponds or basins. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2005 -002 subject to the conditions recommended by the Planning Commission as follows: 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. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2005 -003. 4. Appropriate cross access and possibly cross parking agreements between the proposed Lots 1 and 2, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The applicant shall dedicate a sidewalk easement along the northeast corner of Lot 2, Block 1, prior to release of the final plat. This sidewalk easement shall extend a minimum of one foot beyond the outside edge of the existing sidewalk. 6. The final plat shall include a 20 ft. wide drainage and utility easement along the alignment of the existing sanitary sewer transecting Lot 2, Block 1. The applicant shall provide written certification from a licensed land surveyor or engineer that the easement shown on the plat is centered along the alignment of the existing sanitary sewer. 7. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 8. Water and sanitary services to the existing five homes within the preliminary plat boundary must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering Division office. 9. The homes and accessory buildings within the boundaries of the preliminary plat shall be demolished and/or removed from the property prior to final plat approval and filing. 10. Building permits for construction of any building comprehended under Planning Commission Application No. 2005 -003 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 02/28/05 -13- Councilmember Carmody raised the question of whether there was a timing issue for this rezoning and also if all the conditions were met whether the Council could deny the rezoning even though most of the site is zoned C 1. Mr. McCauley responded that the zoning decision must be made within 60 days of the date the application was filed, which would be March 21, 2005. City Attorney Charlie LeFevere explained that with regard to the preliminary plat there is not much discretion to turn it down if it is consistent with subdivision regulations. He said that Councilmember Niesen brought up a number of factors that might be relevant and might be legal basis for turning down a rezoning for a Planned Unit Development application or site plan review and most of those concerns don't relate to disapproval of the preliminary plat, but traffic would be relevant to a certain extent. He said one factor that would be relevant is that it is not consistent with the zoning. He explained that the PUD and plat probably don't work unless the property is rezoned. Mr. Hoffman said that one of the conditions of the Planning Commission is that the preliminary plat is contingent upon approval of the rezoning. Mr. LeFevere said there is a legal basis for turning this down right now because it isn't consistent with zoning. He further stated that the Council can approve it and move forward, as there is a condition recommended by the Planning Commission that is contingent upon approval of the rezoning, which he believes will require four votes for final adoption since it is rezoning residential to commercial. Councilmember Niesen asked for clarification about the preliminary plat approval and the rezoning regarding the required number of votes needed for each. Mr. McCauley responded that the rezoning would need four votes to pass. Mr. LeFevere said that the motion on the floor required only three votes to approve the preliminary plat. Mayor Kragness asked if the preliminary plat was approved, could the rezoning be held over until the next Council meeting. Mr. McCauley responded that the Council could lay over the PUD to March 14 and make a decision prior to it being approved by virtue of Council inaction. Mr. LeFevere added that in the case of the rezoning, the City can unilaterally request an additional 60 days. Councilmember O'Connor asked for clarification if the Council were to take no action on the PUD rezoning. Mr. McCauley responded that if the City Council did not reject the application, then it is approved by virtue of the failure to reject and the inaction of the Council. Mr. LeFevere further added that the Council could extend the time period. Councilmember Carmody clarified that if four votes were not received on the PUD, then it is rejected/denied, and she raised the question of the applicant's challenge of the denial. Mr. McCauley responded that with regard to whether or not the applicant could successfully challenge the denial, it is debatable. Mr. LeFevere added that he would like to research further regarding the facts. He said that with regard to rezoning, the Council discretion is broader. 02/28/05 -14- Mayor Kragness suggested that the Council take action on Item No. 9a (preliminary plat) and table Item No. 9b (rezoning). Councilmember Niesen inquired if the Council voted on Item No. 9b (rezoning) and there wasn't four votes, would it fail. Mr. LeFevere responded that Item No. 9b was only the first reading and in his opinion the four votes are required on the final act. There was discussion whether or not Item No. 9b (rezoning) should be tabled, and Councilmember Carmody inquired whether there was a point to tabling this item when two Councilmembers have expressed that they may not vote in favor, even if additional information is provided. Mr. McCauley said that it may be beneficial to have the City Attorney review the materials. Councilmember Lasman said that the Council should remember that this is a business bringing in tax base and not asking for any City funding or TIF money and would alleviate the tax burden on residents. Councilmember Niesen said that if the business fails, there will be another large, vacant concrete building, it does not fit the character of the neighborhood, it is right down the street from a Walgreen's, it affects the watershed protection, and she wants to embrace the green space. There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to call the question. Motion passed unanimously. Mayor Kragness called for a vote on the motion to approve Planning Commission Application No. 2005 -002 subject to the aforementioned conditions recommended by the Planning Commission. Voting in favor: Mayor Kragness, Councilmember Carmody, and Councilmember Lasman. Voting against: Councilmember Niesen and Councilmember O'Connor. Motion passed. 9b. PLANNING COMMISSION APPLICATION NO. 2005-003 SUBMITTED BY BEAR CREEK CAPITAL, LLC. REQUEST FOR REZONING FROM R -1 AND C -1 TO PUD /C -2 AND DEVELOPMENT PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR A 13,000 SQ. FT. CVS PHARMACY ON A PROPOSED 1.53 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF COUNTY ROAD 10 AND BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 17, 2005, MEETING. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to table Planning Commission Application No. 2005 -003 to the March 14, 2005, City Council meeting. Voting in favor: Mayor Kragness, Councilmember Carmody, Councilmember Lasman, and Councilmember O'Connor. Voting against: Councilmember Niesen. Motion passed. 02/28/05 -15- RECESS There was a motion by Councilmember Carmody, seconded by Councilmember O'Connor to recess at 9:26 p.m. The Council reconvened at 9:35 p.m. Councilmember Niesen returned at 9:37 p.m. 9c. PLANNING COMMISSION APPLICATION NO. 2005-004 SUBMITTED BY MARY BARRUS /GARY SWENSON AND THE ESTATE OF PAUL FAGERHAUGH. REQUEST FOR A VARIANCE TO ALLOW A SUBDIVISION OF LAND BY METES AND BOUNDS DESCRIPTION RATHER THAN BY A FORMAL PLAT AT 5445 AND 5441 CAMDEN AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 17, 2005, MEETING. Mr. McCauley explained that the applicant is requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat since it is overly expensive, burdensome, and unnecessary in that no new legal lots are being created. He said the purpose is to relocate the common property line between the two properties by 10 feet so that the shared driveway would be located on the 5441 Camden Avenue North property. He further stated that the existing garage on 5445 Camden Avenue North would need to be relocated and the driveway would be oriented such that a new driveway leading to 55th Avenue North can be constructed. He stated that the City's subdivision Ordinance allows for a variance for the subdivision by metes and bounds description. He said the Planning Commission recommended approval of the application with four conditions. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2005 -004 subject to the conditions recommended by the Planning Commission as follows: 1. The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. 3. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. 4. A new driveway leading from 55th Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55th Avenue shall be obtained from the City Engineering Department. Motion passed unanimously. Councilmember Niesen returned at 9:37 p.m. 02/28/05 -16- 10a. RESOLUTION IN SUPPORT OF SOLID WASTE MANAGEMENT COORDINATING BOARD'S LEGISLATIVE INITIATIVE TO CREATE A VIABLE SOLUTION FOR ELECTRONIC WASTE Mr. McCauley said he had left a voice mail message for Mr. Eckhert of Hennepin County inviting him to attend the City Council meeting to answer questions from the Council. He noted that no one from Hennepin County was present. He suggested the Council could pass on this item and take no action and neither table nor approve it, but only bring it back if Hennepin County approached the City for consideration again. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to take no action on a Resolution in Support of Solid Waste Management Coordinating Board's Legislative Initiative to Create a Viable Solution for Electronic Waste. Motion passed unanimously. 10b. PROCLAMATION DECLARING MARCH 2005 TO BE MINNESOTA FOODSHARE MONTH Councilmember Carmody read the proclamation while Mayor Kragness presented the proclamation to Steve Klein, CEAP Executive Director. It was noted the year should be changed from 2004 to 2005 in the text of the proclamation. Mr. Klein addressed the Council and expressed his appreciation and said that CEAP could provide food barrels to schools and businesses for donations. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adopt the proclamation as amended to declare March 2005 to be Minnesota FoodShare Month. Motion passed unanimously. loc. RESOLUTION APPROVING FINAL PLAT, OSSEO SCHOOLS WILLOW LANE ADDITION Councilmember O'Connor raised several questions regarding the Adult Education Center including its purpose, its cost, the number of students in the program, and whether or not an existing school could have been renovated for this program. Dr. John Fredericksen, Osseo Area Schools Assistant Superintendent for Administration, addressed the Council to respond to the questions. He said that the Adult Education Center serves four basic kinds of adult education, including high school diploma, basic education, GED, and English language learners. He said it is funded by State dollars as well as some local taxpayer dollars. He explained that various spaces have been leased for the Adult Education Program, and it would be cheaper to build a new building than it would to remodel or renovate an existing school. He further stated that this location would reduce transportation costs, as it is on a bus line and within walking distance for many of the participants. He also said that there were 1,056 students who participated in the Adult Education Program between July 1, 2004, and February 18, 2005. 02/28/05 -17- RESOLUTION NO. 2005-39 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, OSSEO SCHOOLS WILLOW LANE ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmember Carmody, Councilmember Lasman, and Councilmember Niesen. Voting against: Councilmember O'Connor. Motion passed. 10d. RESOLUTION AUTHORIZING AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 279 FOR EXCHANGE OF LAND Mr. McCauley explained that as part of the platting process there needs to be an exchange of land involving City property located at Willow Lane Park and Osseo School District property. RESOLUTION NO. 2005-40 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 279 FOR EXCHANGE OF LAND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmember Carmody, Councilmember Lasman, and Councilmember Niesen. Voting against: Councilmember O'Connor. Motion passed. 10e. RESOLUTION AUTHORIZING AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 279 FOR JOINT USE OF LAND Mr. McCauley said that when the City has a park adjacent to a school, there is an opportunity for joint uses of land, and this resolution would set forth conditions and terms for public use of that space. RESOLUTION NO. 2005-41 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 279 FOR JOINT USE OF LAND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmember Carmody, Councilmember Lasman, and Councilmember Niesen. Councilmember O'Connor abstained. Motion passed. 02/28/05 -18- lOf. MAYORAL APPOINTMENTS TO FINANCIAL COMMISSION AND NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness said there are two vacancies on the Financial Commission and one vacancy on the Northwest Hennepin Human Services Council Advisory Commission. Mayor Kragness requested ratification from the Council for her nomination of Robert Anderson, 5525 Knox Avenue North, and Robert Paulson, 7012 France Avenue North, to the Financial Commission. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify the Mayoral nomination of Robert Anderson and Robert Paulson to the Financial Commission. Motion passed unanimously. Mayor Kragness requested ratification of her nomination of Donna Allard, 1217 63rd Lane North, to the Northwest Hennepin Human Services Council Advisory Commission. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to ratify the Mayoral nomination of Donna Allard to the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. log. REPORT ON FRANCHISE FEES Mr. McCauley said that when the Council adopted the franchise fee Ordinance it also adopted a resolution that required a report at the second meeting in February 2005 on the monies collected and use of the monies. He said in 2004 the City received roughly $612,000 in franchise fees, and the target was around $666,000. The franchise fees collected were for less than a full 12 months of franchise fees. The monies that are collected are used to sustain the Neighborhood Street Reconstruction Program. He stated that this is simply a report and no action is needed by Council. There was discussion regarding franchise fees and the monthly charge of $1.48 per month per household, the need for franchise fees due to the LGA cuts, and whether the Council would like an annual report regarding franchise fees. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman requesting to receive an annual report on franchise fees in the former part of the year. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 10:10 p.m. Motion passed unanimously. A. *"� City Clerk ayor 02/28/05 -19-