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HomeMy WebLinkAbout2004 05-24 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 MAY 24, 2004 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. 2. INVOCATION Father Shannon, St. Alphonsus Parish, 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 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 05/24/04 -1- 6. COUNCIL REPORT Councilmember Carmody reported on the Earle Brown Days Events that will take place June 24 through June 26, 2004. Councilmember Lasman reported that she attended the Willow Lane Rededication on May 14, 2004; the Crime Prevention Meeting on May 19,2004; and the Crime Prevention Golf Tournament on May 21, 2004; and announced that The Crossings will be sponsoring a senior golf tournament at Centerbrook Golf Course. Councilmember Niesen announced that she was looking for volunteers to help with the second phase of the Twin Lake Restoration Project on June 4, 2004, and that anyone interested should contact her. Mayor Kragness reported that she attended the Association for Rental Management (ARM) meeting on May 13, 2004. She expressed the importance of these meetings and encouraged all owners and rental managers to attend future ARM meetings. On May 18, 2004, she attended the Success by Six event held at the Cross of Glory Church. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the agenda and consent agenda with the requested amendments to the May 10, 2004, study, regular, and work session minutes. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the May 3, 2004, Board of Appeal and Equalization and the May 10, 2004, study, regular, and work session meeting minutes with the following amendments: • Study session minutes: Councilmember Peppe and Councilmember Carmody expressed that they would like more information and time to discuss the matter of amending the 2004 budget authorization for Police Sergeants. • Regular session minutes: Council discussed the issue, the manageable risks involved, and the suggested solution. Councilmember Carmody expressed that she had some reservations regarding this matter. Councilmember Peppe expressed that he would like to have more information on the position responsibilities and would like to look at the Police Department as a whole. Councilmember Niesen suggested job descriptions be provided so that she can understand the responsibilities. • Work session minutes: Councilmember Lasman expressed she believes with the trend of rental housing in the City something needs to be done to maintain the quality of our housing and neighborhoods. 05/24/04 -2- Motion passed unanimously. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Fireside Hearth & Home 2700 Fairview Avenue North Roseville Fish & LaBeau Signs Inc. 3320 Winpark Drive, Crystal Marsh Heating & A/C 6248 Lakeland Avenue North, Brooklyn Park Northwest Sheetmetal Co. 110 Sycamore Street West, St Paul Zahl - Petroleum Maintenance 3101 Spring Street Northeast, Minneapolis RENTAL Renewal: 7215 Girard Avenue North - Rebecca Thomley Group Home 5/11/04 Stolen Auto report 1/16/04 Crimes against family 7/25/03 911 hang up call 6/14/03 911 hang up call 5/28/03 Crime against family Initial: 5807 Drew Avenue North - Drew Kabanuk Zero police calls for service in last 12 months The following license is approved subject to the conditions listed: LIQUOR — CLASS D ON -SALE INTOXICATING. SUNDAY, AND SPECIAL 2 A.M. Coyote Grille 2101 Freeway Boulevard [Subject to Building Official issuance of Certificate of Occupancy and payment of license fees] 7e. APPROVAL OF SITE PERFORMANCE REDUCTION FOR DOUGLAS METAL SPECIALTIES, 4906 AND 4912 FRANCE AVENUE NORTH A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve site performance reduction for Douglas Metal Specialties, 4906 and 4912 France Avenue North. Motion passed unanimously. 7d. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2003 -01, 02, 03 & 04, CONTRACT 2003 -A, HAPPY HOLLOW STREET AND UTILITY IMPROVEMENTS 05/24/04 -3- RESOLUTION NO. 2004-71 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2003- 01, 02, 03 & 04, CONTRACT 2003 -A, HAPPY HOLLOW STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. APPEARANCES 8a. KATHLEEN ROACH, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL EXECUTIVE DIRECTOR Valerie Jones, Northwest Hennepin Human Services Council Assistant Director, on behalf of Kathleen Roach, addressed the Council to discuss the report previously distributed on contributions, to discuss current projects, and to inform that their offices will soon be located in Brooklyn Center. She expressed special thanks to Tracy Groves, Audrey Harris- Blount, Curt Boganey, and the City Council for their involvement with Northwest Hennepin Human Services Council. 8b. MARY PERKINS, REACH FOR RESOURCES DIRECTOR Mary Perkins, Reach for Resources Director, addressed the Council to discuss the fact sheet included with the materials and to request that the City Council consider reinstatement of funding for their program of adaptive recreation for citizens with disabilities. She informed that there were citizens that would like to speak to the Council. Fred Daugherty, Gary Johnson, and Brian Walsh all addressed the Council individually to ask that the Council reinstate funds in the 2005 budget. Mr. Walsh expressed that he would like to be able to participate in sporting events again. Josephine Berge from Maple Grove spoke on behalf of her daughter Terri -Ann Damiani that lives in Brooklyn Center and asked that the Council consider the young adults that need this program and requested that the Council consider reinstating funding for 2005. Councilmember Niesen expressed thanks to those who spoke and informed that she would like to consider these requests. 05/24/04 -4- 9. PUBLIC HEARING 9a. AN ORDINANCE VACATING A PORTION OF STORM SEWER EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIERS 4TH ADDITION, 7006 HALIFAX AVENUE NORTH City Manager Michael McCauley discussed that this ordinance vacation of storm sewer easement would vacate the portion of easement that overlaps the existing residential structure. Sufficient easement area would remain within the lot to provide for maintenance access to the existing storm sewer pipe and sidewalk located along the southern property line. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004 -08 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF STORM SEWER EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIERS 4TH ADDITION, 7006 HALIFAX AVENUE NORTH The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Councilmember Niesen questioned if this would impact the homeowner on this property. Public Works Director /City Engineer Todd Blomstrom responded that it will and that the homeowner had requested this ordinance vacation. Motion passed unanimously. 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2004-007 SUBMITTED BY FRAUENSHUH COMPANIES. REQUEST FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO CONSTRUCT A 4,195 SQ. FT. DAIRY QUEEN GRILL AND CHILL IN THE NORTH PARKING LOT OF BROOKDALE CENTER. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 13, 2004 MEETING. 05/24/04 -5- i 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004 -007 SUBMITTED BY FRAUENSHUH COMPANIES Mr. McCauley discussed that Planning Commission Application No. 2004 -007 was submitted by Frauenshuh Companies requesting for a Planned Unit Development (PUD) amendment to construct a 4,195 square foot Dairy Queen Grill and Chill in the north parking lot of Brookdale Center. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2004- 007 and informed that the application was recommended for approval by the Planning Commission subject to the following considerations and conditions: • The Planned Unit Development Amendment is compatible with the standard purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. • The Planned Unit Development Amendment will allow for the utilization of the land in question 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 Amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. green strip along the County Road 10 right of way. This modification from the C -2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by factors contained in the approved site plans and City Council Resolution No. 99 -37. • The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. • The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of the Brookdale Regional Mall are an important long -range use for existing property and are considered to be an asset to the community. • In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance are met and that 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 or permits. 05/24/04 -6- • 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 completion of all required site improvements. • 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 is to 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. Only wall identification signs consistent with ordinance requirements are allowed for this development. • An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. • The applicant and owner shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. • The garden wall or similar treatment should be extended southeasterly along Brookdale's property line to control pedestrian traffic. Councilmember Carmody questioned if the concrete will be done for the future building proposed next to Dairy Queen. Mr. Warren discussed that all drive lanes and curb and gutter will be established with the Dairy Queen construction. If a problem would arise in the future Dairy Queen would have to pull their drive lane back and this would come before the Council if needed. Councilmember Niesen expressed that she would like to see more concrete reductions and questioned what the Planning Commission discussed for landscaping. Mr. Warren discussed that the Planning Commission did not have much discussions regarding landscaping since the landscaping plans go back to the original PUD. 05/24/04 -7- Councilmember Niesen questioned if the site is handicapped accessible for those coming across the street from the future transit hub and the fencing that will be placed along the Bass Lake Road side. Mr. Warren responded that handicapped curbing at crosswalks already exists and that the fencing along Bass Lake Road is for aesthetics and not for security purposes. Councilmember Niesen questioned if there would be anyway that fencing along Bass Lake Road would be able to be stone or concrete. Mr. Warren discussed that it is late in the process for something like that at this time. Mayor Kragness expressed that she believes this Dairy Queen will be a good addition to Brooklyn Center. Councilmember Lasman questioned if the wall that is being considered will be something like the wall at the Applebee's location. She believes that wall has been working and looks well. Mr. Warren responded that the wall by Dairy Queen would be just like the wall by Applebee's. RESOLUTION NO. 2004-72 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004-007 SUBMITTED BY FRAUENSHUH COMPANIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. An employee from Midas Auto Service addressed the Council on behalf of the owner to object to the plans for the drive -thru at Dairy Queen. They believe the drive -thru restricts the needed parking spaces for Midas Auto Service. Mayor Kragness informed that the developer had indicated that they would work with Midas Auto Service on this matter. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS Ila. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 24 THROUGH JUNE 26, 2004 Councilmember Carmody read the Resolution Declaring Earle Brown Days as a Civic Event from June 24 through June 26, 2004. RESOLUTION NO. 2004-73 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 24 THROUGH JUNE 26, 2004 05/24/04 -8- i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11b. RESOLUTION AUTHORIZING LETTER OF UNDERSTANDING BETWEEN THE CITY OF BROOKLYN CENTER AND CENTERPOINT ENERGY Mr. McCauley discussed that this resolution would authorize a Letter of Understanding between the City of Brooklyn Center and CenterPoint Energy to treat CenterPoint Energy in the same fashion as Northern States Power (NSP) Company when it comes permit fees related to the use of right -of -way. Councilmember Niesen questioned if this would relieve any other fees for CenterPoint Energy. Mr. McCauley discussed that CenterPoint will have to pay all other application fees and that this does not exempt them for taxes. Mr. McCauley noted that the word electric needed to be amended to gas throughout the resolution. RESOLUTION NO. 2004-74 Councilmember Carmody introduced the amended resolution and moved its adoption: RESOLUTION AUTHORIZING LETTER OF UNDERSTANDING BETWEEN THE CITY OF BROOKLYN CENTER AND CENTERPOINT ENERGY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11C. RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT NO. 83632 -R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR STREET LIGHTING ALONG FRANCE AVENUE AT TRUNK HIGHWAY 100 Mr. McCauley discussed that this amendment to the agreement with the Minnesota Department of Transportation (Mn/DOT) would transfer the operation and maintenance of five streetlights to the City upon completion of the project. The five streetlights would be included with the operation and maintenance of the existing streetlight fixtures currently being maintained within the City. RESOLUTION NO. 2004-75 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT NO. 83632 -R WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR STREET LIGHTING ALONG FRANCE AVENUE AT TRUNK HIGHWAY 100 05/24/04 -9- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Councilmember Niesen questioned why Mn/DOT was asking for this amendment. Mr. McCauley discussed that the City had entered into an agreement with Mn/DOT as part of the Highway 100 project that had included the long -term operation and maintenance of local streetlights. Mn/DOT is requesting this amendment to help all the bridges along Highway 100 to look the same. Motion passed unanimously. 11d. RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2004 -12, LIFT STATION NOS. 5 AND 6 CONTROL CABINET REPLACEMENT Mr. McCauley discussed that this resolution would authorize lift station nos. 5 and 6 control cabinet replacements. The new cabinets will replace deteriorating outer cabinet structures, system controls, and alarm components for the two facilities. RESOLUTION NO. 2004-76 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2004-12, LIFT STATION NOS. 5 AND 6 CONTROL CABINET REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. lle. RESOLUTION AUTHORIZING AWARD OF CONTRACT, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 2004 -06, 73' AVENUE NORTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. McCauley discussed that this resolution authorizes the City of Brooklyn Park to enter into a contract with Northdale Construction Companies pursuant to the Agreement for 73 Avenue North proj ect. RESOLUTION NO. 2004-77 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AWARD OF CONTRACT, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 2004 -06, 73 AVENUE NORTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 05/24/04 -10- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. lit AN ORDINANCE RELATING TO THE LICENSING OF TAXICABS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23-702,23-703, AND 23 -704 AND ADDING NEW SECTIONS 23-706,23-708,23-709,23-710, 23 -711 AND 23 -712 Mr. McCauley discussed that the Police Department and City Attorney had been working on revising the taxicab ordinance and that Timothy Crandall, owner of a taxicab company in Brooklyn Center, had been notified of the proposed changes to the ordinance. Mr. Crandall requested three changes and the Police Department would agree to two of the changes requested by Mr. Crandall. If the Council sees merit to the changes requested by Mr. Crandall the ordinance could be redrafted to incorporate Mr. Crandall's requests. Mr. McCauley discussed the following changes from Mr. Crandall and the Police Department: Section 23- 704a3. VEHICLE REOUIREMENTS Mr. Crandall indicated that Automotive Service Excellence (ASE) is only one of a few organizations that train and certify mechanics in automobile repair and suggests a wording change similar to an established and reputable service station or garage which employees experienced and trained mechanics. Mr. Crandall believes that in doing so it would allow an owner /operator to utilize the services of a qualified service station or garage who may employee experienced mechanics trained by an organization other than ASE. The Police Department did not agree with this request and proposed no change in the current language. The ASE certification is the industry recognized standard for reputability. Section 23 -707. DISOUALIFICATIONS. Mr. Crandall would like to see language similar to within five years prior to the license application and the successful completion of a treatment program added to paragraph (f) as it relates to driving under the influence and in paragraph (h) as it relates to illegal drug use. Mr. McCauley discussed that this requested change was viewed favorably by the Police. Mr. Crandall would also like to see an exemption added to the ordinance where taxicabs not licensed in the City of Brooklyn Center would be exempt from licensing when picking up patrons from a bar in the City. Mr. Crandall indicates that he and a number of other owner /operators participate in the Sober Cab Program and the number of owner /operators that participate in the program, that would purchase City of Brooklyn Center taxicab licenses, would not be sufficient enough to provide the service to this area. The Sober Cab Program would rely on using Sober Cab participants from the surrounding Metro area who do not run taxicabs in Brooklyn Center. 05/24/04 -11- Mr. Crandall's concern is that if these Sober Cab participants are not exempt from the Brooklyn Center ordinance the Sober Cab service to the area would be greatly reduced setting up the potential for an impaired person getting behind the wheel of a vehicle rather than waiting for a Sober Cab. Mr. McCauley discussed that this request could potentially be accommodated. Councilmember Lasman expressed that she believes that the Sober Cab Program is something to be considered. Mr. McCauley discussed that this matter could be researched fiu-ther and language could be redrafted. A motion by Councilmember Carmody, seconded by Councilmember Lasman to have City Attorney redraft the taxicab ordinance with the two requested changes. Motion passed unanimously. 11g. REVIEW OF CHARITABLE GAMBLING ORDINANCE RELATING TO LICENSE QUALIFICATIONS Mr. McCauley discussed that the City Attorney had reviewed the charitable gambling ordinance at the request of the City Council on whether or not the Brooklyn Park Youth Hockey Association could be considered to sell pull -tabs in Brooklyn Center if they submitted a formal application. A determination of whether an organization has been in existence in Brooklyn Center for at least three years must be determined. There are a number of indications whether a business would qualify under this standard which include the following factors: • The name of the organization. • The address or place of business of the organization. • The usual place of meetings of the organization. • Whether the organization is chartered specifically to serve the City of Brooklyn Center. • The place of residence of a majority of the members of the organization. • The service area of the organization. Councilmember Lasman discussed that she believes the City Attorney clearly outlined the ordinance and that she would support the City's ordinance since there was a lot of time redrafting the ordinance with regards to charitable gambling. Bob Eggerichs, Brooklyn Park Youth Hockey Association Director, addressed the Council to express that he had different takes on the response and believes that the language provided from the City Attorney is vague. 05/24/04 -12- I Mayor Kragness asked if the Brooklyn Park Youth Hockey Association would be willing to provide portions of their funds to other organizations in the City. Mr. Eggerichs responded that they would be willing to give more to the community. Council and Mr. Eggerichs continued discussing the ordinance percentages and the non - profit organizations currently in the City of Brooklyn Center. Mr. McCauley discussed that at this time no formal application has been received from the Brooklyn Park Youth Hockey Association. This matter is being discussed to see whether or not the Council would consider an ordinance amendment if a formal application is received from the Brooklyn Park Youth Hockey Association. Councilmember Lasman expressed that she would not like to change the ordinance. 12. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:54 p.m. Motion passed unanimously. J" 4wA v _ , n Ae-4 --- A"'Uy City Clerk Mayor S 05/24/04 -13-