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HomeMy WebLinkAbout2005 04-25 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 APRIL 25, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Teresa Rousseau, St. Alphonsus Church, offered 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 Kay Lasman, Diane Niesen, and Mary O'Connor. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 04/25/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported she attended the Shingle Creek Watershed Management Organization meeting and that they had discussed the proposed funding issue for capital improvement projects. She informed that she asked questions and received some answers; and that she gave an interview to Cable 12 who is covering the subject. Councilmember Lasman reported that she attended the following: April 13, 2005, Opportunity Site Task Force. She discussed that good questions were asked and expressed that it was nice to see that level of interest from so many citizens. She noted that there will be two other public meetings and encouraged those who attended to continue attending. April 15, 2005, Fire Relief Association sponsored Fire Awards Dinner. She expressed this was a great time and opportunity to visit the fireman heroes. April 19, 2005, Parks and Recreation Commission meeting. The Commission is discussing the language used in the tobacco free zone and signs that are going to be placed in the parks which would disallow smoking during youth activities in the parks. They are refining the language to make it more appropriate for the City. The Segway mobile device usage in Brooklyn Center was discussed. The Commission supported the idea that State Law would permit such a use and requested that a memo be forwarded to the Police Department and then copied to the Council. April 20, 2005, Crime Prevention Awards. She discussed there were wonderful stories of heroics performed in the City by both police and citizens. There were 23 notable awards presented that evening including Detective Mike Reynolds receiving the Minnesota Chief s of Police Association Meritorious Service Award; and Ms. Dennis Winfield received a Citizen's Service Medal for her son's courageous action during which he gave his life. April 23, 2005, the Great Shingle Creek Cleanup Event. She expressed that she thought this event was very well attended and lots of trash was cleaned up from various parks and along the creek. She wished to thank the Brooklyn Park VFW and the City of Brooklyn Park for hosting the breakfast. Councilmember O'Connor reported that she attended the : followin i p g Dousing Commission meeting. 04/25/05 -2- i Opportunity Site public meeting. She informed that there were several concerns from residents about what is going on in the Opportunity Site. Firefighters Banquet. Police Awards Ceremony. National Night Out meeting. She informed that National Night Out will be August 2, 2005, and that on July 31, 2005, there will be an event in the City Hall parking lot from 2:00 p.m. to 4:00 p.m. Shingle Creek Cleanup. Northwest Suburbs Cable Communications Commission meeting. She informed that she received a handout with regards to the 800 MHz channel for radios and believes it would be something good for the Council to review and discuss to see if this is going to affect the emergency calls that come in for 911. Mayor Kragness asked her to give those materials to Mr. McCauley so he could copy it for the Council. Mayor Kragness reported on the following: She attended the Police Awards Ceremony and discussed that it was a very emotional nights She expressed she hopes that more people will attend this event in the future and expressed thanks to those working in the City's Police and Fire Departments. She attended the CEAP Award Luncheon on April 21, 2005. This luncheon is an appreciation luncheon for the people that volunteer for LEAP. The Cross of Glory Church received a special community award for the quilting that they do for CEAP. She discussed that last Friday and Saturday the Minnesota Mayors Conference was in Brooklyn Center and that she was pleased to host this event for the City. The main topic of discussion was transportation within the area and speakers from the Minnesota Department of Transportation Alliance, Minnesota House of Representatives, and Minnesota Senate participated in a debate about the State's policies. She expressed thanks to Brad Hoffman, Community Development Director, for leading a tour of the City. She noted that on April 28, 2005, the groundbreaking of the Adult Education Building for School District 279 would take place on 71 Avenue and Brooklyn Boulevard. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman to approve the agenda and consent agenda. 04/25/05 -3- Councilmember O'Connor asked for a correction on the April 11, 2005, Regular Session minutes; Page 6, fourth paragraph. She discussed she believes the motion needed a 2/3 vote and was not passed. City Manager Michael McCauley asked that the City Attorney discuss this matter. City Attorney Charlie LeFevere discussed that the motion was declared passed by the Presiding Officer at the meeting. Councilmember O'Connor said that she did not remember that happening and asked Mayor Kragness if she had said that the motion passed. Mayor Kragness responded that the motion was passed 3/2. Mr. LeFevere and the Council further discussed the ruling and action that was presented at the April 11, 2005, meeting before Councilmember O'Connor moved a motion that the minutes be amended to say that the motion did not pass by a 2/3 vote. Councilmember O'Connor said that she would like the minutes amended to say that the motion did not pass with a 2/3 vote instead of motion passed. Councilmember Niesen seconded the motion on the requested amendment from Councilmember O'Connor. Mayor Kragness asked if the language written that it was approved pursuant to Minnesota Statutes 15.99 would be acceptable. It was the consensus that the language written pursuant to Minnesota Statutes 15.99 was acceptable. Motion passed unanimously. Councilmember Lasman amended her motion to approve the agenda and consent agenda with the previously discussed minute changes and the additional minute amendment request from Councilmember O'Connor; seconded by Councilmember Niesen. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the March 28, 2005, Regular Session minutes and the April 11, 2005, Study, Regular, and Work Session minutes as amended. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the following list of licenses: MECHANICAL St. Cloud Refrigeration 604 Lincoln Avenue NE, St. Cloud RENTAL Renewal: 421362 d Avenue North Xeng Yang 6824 Fremont Place David Oium 5818 Humboldt Avenue North Richard Olson 4519 Woodbine Lane Benson Vang Initial: 3007 68 Avenue North Kao Vang 04/25/05 -4- SIGN HANGER Nordquist Sign Co., Inc. 312 West Lake Street, Minneapolis Motion passed unanimously. 7c. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR AMERICAN LEGION POST 630 TO CONDUCT LAWFUL GAMBLING AT 6110 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA RESOLUTION NO. 2005-66 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR AMERICAN LEGION POST 630 TO CONDUCT LAWFUL GAMBLING AT 6110 BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7d. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION (CROSSINGS AT BROOKWOOD — 6201 LILAC DRIVE NORTH) A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the site performance guarantee reduction at the Crossing at Brookwood, 6201 Lilac Drive North. Motion passed unanimously. 7e. RESOLUTION DESIGNATING 2005 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES RESOLUTION NO. 2005-67 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING 2005 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 04/25/05 -5- 7f. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE THIRTEENTH CONSECUTIVE YEAR; AND A PROCLAMATION DECLARING APRIL 29, 2005, ARBOR DAY AND MAY 2005 ARBOR MONTH IN BROOKLYN CENTER RESOLUTION NO. 2005-68 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE THIRTEENTH CONSECUTIVE YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Niesen to adopt Proclamation Declaring April 29, 2005, Arbor Day and May 2005 Arbor Month in Brooklyn Center. Motion passed unanimously. 7.5 PRESENTATION -DAVE MCKENZIE, SEH, REGARDING RAILROAD QUIET ZONE PROCESS Dave McKenzie from SEH addressed the Council and discussed the history and status of the City's application which has been awaiting finalization of Federal Rules. He informed that June 24, 2005, would be the earliest date to implement the quiet zone and summarized the actions that had been taken and the actions still pending. Of the actions still pending they are as follows: update local ordinance, designate a public authority official, install signs, and send notification to the Federal Railroad Association (FRA). Mr. McKenzie informed that the City should not have to do anything for another four to five years once the quiet zone is established. Councilmember Niesen expressed that safety will now be the issue and questioned the signage that will be used for the quiet zone. Mr. McKenzie presented a picture of the yellow signs and informed that the quiet zone will be 24 hours. 8. PUBLIC HEARING ITEM 8a. PUBLIC HEARING ON 48 AVENUE NORTH STREET AND STORM DRAINAGE IMPROVEMENTS 1. RESOLUTION ORDERING IMPROVEMENTS AND APPROVING PLANS AND SPECIFICATIONS FOR 48' AVENUE NORTH STREET AND STORM DRAINAGE IMPROVEMENTS 04/25/05 -6- i 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR 48' AVENUE NORTH STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley discussed that the public hearing for this project was scheduled for this evening; however, the required legal notices for the proposed project will not be completed until May 9, 2005. It is suggested that the public hearing be opened and continued to May 9, 2005. A motion by Councilmember Lasman, seconded by Councilmember Niesen to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember O'Connor to continue the Public Hearing to May 9, 2005. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2005-006 SUBMITTED BY DIEM (DIANE) DO. REQUEST FOR A SPECIAL USE PERMIT FOR AN EDUCATIONAL USE TO OPERATE A COSMETOLOGY TRAINING CENTER AT 3260 COUNTY ROAD 10. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 14, 2005, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2005 -006 submitted by Diem (Diane) Do requesting for a special use permit for an educational use to operate a cosmetology training center at 3260 County Road 10. He informed that the applicant was available if the Council had any questions. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve Planning Commission Application No. 2005 -006 subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit is issued to Diem (Diane) Do and Mai Ho on behalf of the Hollywood Cosmetology Training Center as an educational use. Any expansion or major alteration of the use not comprehended by this application shall be subject to an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 04/25/05 -7- 4. A copy of the applicant's cosmetology school license and cosmetology license shall be kept on file with the city. 5. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2005-007 SUBMITTED BY C. M. ARCHITECTURE, P.A. ON BEHALF OF MAGNUM DEVELOPMENT COMPANY. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO REDEVELOP 5512 BROOKLYN BOULEVARD INTO A STARBUCK'S COFFEE SHOP. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 14, 2005, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2005 -007 submitted by C.M. Architecture, P.A. on behalf of Magnum Development Company requesting for site and building plan approval to redevelop 5512 Brooklyn Boulevard into a Starbuck's Coffee Shop. Councilmember Niesen questioned the additional green space. Planning and Zoning Specialist Ron Warren discussed that there will be a slight addition to the current green space and the addition would include some shade trees along with other types of plantings. Councilmember O'Connor asked if the City had contributed any money. Mr. McCauley responded that the City had not contributed any money. A motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve Planning Commission Application No. 2005 -007 subject to the following conditions recommended by the Planning Commission: 1. The building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 04/25/05 -8- 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas as directed by the City Engineer. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 9. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current specifications and details. 11. The plans shall be modified prior to City Council consideration to show the relocation of the order board to the east of its current location to allow additional stacking space at the pick -up window. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION Mayor Kragness read the resolution expressing appreciation for the donation of $24,500 from the Brooklyn Center Fire Association for the replacement of Fire Engine 6 that is due for replacement in 2006. RESOLUTION NO. 2005-69 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION FROM THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 04/25/05 -9- I 10b. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE SUMMER PLAYGROUND PROGRAM Mayor Kragness read the resolution expressing appreciation for the donation of $200 from the Brooklyn Center Women's Club in Support of the Summer Playground Program. RESOLUTION NO. 2005-70 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE SUMMER PLAYGROUND PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember O'Connor. Motion passed unanimously. loc. DISCUSSION OF CVS DECISION FROM APRIL 11, 2005 (COUNCILMEMBER O'CONNOR) Councilmember O'Connor informed no further attention was needed for this item since the discussion took place as part of the agenda approval. 10d. REPORT ON OPPORTUNITY SITE NOTIFICATION Mr. McCauley discussed Councilmember O'Connor had asked that this item be placed on the agenda and that Community Development Director Brad Hoffman outlined the notification process which had been included in the materials. Councilmember O'Connor expressed that she believed the letters mailed did not say what was happening with the Opportunity Site. Mayor Kragness read portions of the letter that was mailed and expressed she believes the letter is clear as to what the City is considering. Mr. McCauley added that at this time the Opportunity Site is in the planning stage and nothing has been adopted. Councilmember O'Connor expressed she would like to make sure that the lessees know of all the public hearings and understand what is going on. 10e. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03, AND 04, LIONS PARK AREA SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 04/25/05 -10- i f Mr. McCauley discussed that the base bid is recommended for approval to the low bidder of Arcon Construction Company. At this time the alternate bid submitted by Arcon Construction Company is not recommended until the City has a meeting with the neighborhood on the Lilac Drive North extension. The bid of the alternate, if it eventually would be approved, is $48,000 which is close to the engineer's estimate; however, it ranges from a low of $48,000 to a high of $65,000. RESOLUTION NO. 2005-71 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03, AND 04, LIONS PARK AREA SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10L COUNCILMEMBER O'CONNOR DISCUSSION OF WHAT CAN BE DONE TO REDUCE POLLUTION IN BROOKLYN CENTER Councilmember O'Connor discussed that she would like to ask Mr. McCauley to direct the appropriate staff to provide ideas of how the City can reduce pollution in Brooklyn Center. She would like to get the ideas of the staff for reducing the amount of salt and pollution runoff that goes into Shingle Creek and/or the Mississippi River since they work everyday with those items and might know how to reduce the pollution. She asked if this is something that could be accomplished and brought back to the Council at its May 9 or May 23, 2005, meetings. Mayor Kragness discussed since she has been Mayor she knows that each of the departments have worked very hard on trying to reduce pollution and it has been a priority. She believes that Mr. McCauley could send a message to the Department Heads and ask for comments from staff if there might be something in addition that can be done. Mr. McCauley discussed that if the Council wants to direct a process and report he could have that done and suggested the response time of 60 days. Councilmember O'Connor made a motion that the City Manager solicit suggestions for reduced pollution in Brooklyn Center. Councilmember Niesen questioned if there would be a timeframe on that motion. Councilmember O'Connor added to the motion within 60 days. Councilmember Niesen seconded the motion. Motion passed unanimously. 04/25/05 -11- log. WATERSHED MANAGEMENT ORGANIZATION PROPOSED CAPITAL IMPROVEMENT PLAN Mr. McCauley discussed that at the last meeting the Council requested this item be placed on the agenda. Councilmember Niesen informed that she attended the Shingle Creek Watershed meeting and she would like to go forward with discussing this matter since nothing has been adopted and there are many cities that have not responded. She informed that she gave an interview to Cable 12 and submitted her thoughts; however, she feels that Councilmember Carmody should be present to discuss this matter and asked if this item could be discussed when Councilmember Carmody is able to participate. A motion by Councilmember Niesen to move this item to the May 9, 2005, meeting, seconded by Councilmember O'Connor. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to adj ourn the City Council meeting at 8:05 p.m. Motion passed unanimously. la,At +Oujw I ?g City Clerk rayor 04/25/05 -12-