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HomeMy WebLinkAbout2003 05-27 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 27, 2003 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 6:43 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, Police Chief Scott Bechthold, 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. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Niesen, seconded by Councilmember Peppe to adjourn the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Carmody 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, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 05/27/03 -1- i 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Carmody reported that she attended the Earle Brown Days Committee meeting and discussed some of the events taking place June 26 through 28, 2003, such as the parade on Thursday and the ice cream social and teen dance on Friday. She reported that she attended a D.A.R.E. Graduation at St. Alphonsus Church. Councilmember Lasman reported that she attended D.A.R.E. Graduations on May 13 and May 20, 2003; attended the National Night Out 20 Year Celebration Meeting; the Crime Prevention Golf Tournament Fundraiser on May 16, 2003; and the Crime Prevention Program meeting on May 21, 2003. Mayor Kragness reported that she attended the D.A.R.E. Graduation on May 20, 2003, at the Odyessy Charter School. She expressed thanks to the kids and to the Police who do such a wonderful job. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda with the amended Study Session minutes; the repositioning of Council Consideration Item 11 a, Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Orlander Nelson, to 8a and making 8a, Appearance by Lynne Thomas, North Hennepin Mediation Program Volunteer, 8b; and tabling the license of 6777 Humboldt Avenue North. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the minutes of May 12, 2003, study and regular sessions with the following amendments made to the study session minutes: Councilmember Carmody questioned the cost of Public Works Day with Council Consideration Agenda Item 9c, Proclamation Declaring May 18 -24, 2003, Public Works Week in Brooklyn Center. Mr. McCauley informed that this issue had been researched two to three years ago and that it was determined to be unsafe due to the distance between the traffic signals in the area amount of land and was not available for a turn lane. Motion passed unanimously. 05/27/03 -2- 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Commercial Plumbing & Htg. 24428 Greenway Ave., Forest Lake J B Mechanical Htg. & Air P. O. Box 18, Hugo White Bear Mechanical Inc. 2379 Leibel Street, White Bear Lake MOTOR VEHICLE DEALERSHIP Brooklyn Motors, LLC 6700 Brooklyn Boulevard RENTAL Renewal: 5415 69'' Ave N (Maranatha Place) Center Park Senior Apts, Inc. 6018 Admiral Lane Lutheran Social Service 7018 & 21 Brklyn Blvd (Willow Lane Apts) Willow Lane Realty (Esta Miller) 2741 Freeway Blvd (Mgr's Apt) Motel 6 1519 Humboldt Place N Kwi Ha Wong (Suburban Properties) 1525 Humboldt Place N Kwi Ha Wong (Suburban Properties) 1531 Humboldt Place N Kwi Ha Wong (Suburban Properties) 6854 West River Road David Wagtskjold Initial: 5000 A, B, C, D France Ave N Dean Gannon 6777 14um ekU ^ v'° N (Item was tabled) 5712 Logan Ave N Dwayne Meier SIGN HANGER Elements, Inc. 10044 Flanders Court NE, Blaine Scenic Sign Corporation 828 South 5 Street, Sauk Rapids. Topline 11775 Justin Circle, Maple Grove 7c. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (ESTATES OF RIVERWOOD) ORDINANCE NO. 2003 -03 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 5 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (ESTATES OF RIVERWOOD) i 05/27/03 -3- The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2002 -19, SHINGLE CREEK TRAIL RECONSTRUCTION RESOLUTION NO. 2003-85 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2002 -19, SHINGLE CREEK TRAIL RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ELECTRICAL INSPECTION SERVICES RESOLUTION NO. 2003-86 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING T EXECUTE A CONTRACT FOR U O AU RIZ THE CITY MANAGER O E U ELECTRICAL INSPECTION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF POSITION OF DEPUTY CHIEF OF POLICE RESOLUTION NO. 2003-87 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF POSITION OF DEPUTY CHIEF OF POLICE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 05/27/03 -4- 8. APPEARANCE 8a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ORLANDER NELSON Councilmember Lasman read the resolution expressing recognition of and appreciation for dedicated public service since May 20, 1974, of Orlander Nelson. Mayor Kragness presented the resolution and expressed thanks. Ole expressed thanks to the Council and City staff. RESOLUTION NO. 2003-88 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ORLANDER NELSON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. LYNNE THOMAS, NORTH HENNEPIN MEDIATION PROGRAM VOLUNTEER Lynne Thomas, North Hennepin Mediation Program Volunteer, and resident of Brooklyn Center, addressed the Council to present information regarding the services provided by the North Hennepin Mediation Program and to express the need to continue these services in Brooklyn Center. She informed the Council that they assisted with 57 cases for Brooklyn Center residents in 2002; that there had been 28 new mediators added to the program; and that there is a new mediation service to address harassment. Ms. Thomas presented the City a sample check in the amount of $12,000 for 2003 and discussed that the first of each municipal dollar is matched by State funds and the second municipal dollar is matched by private contributions. She hopes that the City will allow the program to function and service the City of Brooklyn Center. 9. PUBLIC HEARINGS 9a. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY 05/27/03 -5- City Manager Michael McCauley discussed that this ordinance amendment is a technical ordinance that the City Council previously discussed and recommended moving forward. 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 Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003 -04 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 9b. AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY Mr. McCauley discussed that this ordinance amendment was originated by a request for the City Council to make changes in the City Ordinances regarding operating in more than one location, the payout percentage, and the operation of paddlewheels. Since the item was first read and approved for second reading and public hearing, the Council heard from a representative from the Brooklyn Center Lions Club with respect to amending the amount an organization must expend to 85 percent. He explained that the ordinance amendment was written with 90 percent; however, if the Council wishes to amend the ordinance to specify 85 percent it can amend the proposed ordinance before adoption. 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. Councilmember Carmody discussed that she would like to see the request of 85 percent honored since the Lions do a lot of good for the City of Brooklyn Center. 05/27/03 -6- ORDINANCE NO. 2003 -05 Councilmember Carmody introduced the following ordinance and moved its adoption with the amendment of 85 percent to be made to Section 23 -1902 (2) to replace 90 percent: AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2003-005 SUBMITTED BY KPM PROPERTIES, INC. & O'NEILL CONSTRUCTION. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LOT AT 5024 FRANCE AVENUE NORTH INTO TWO LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2003- 005 submitted by KPM Properties, Inc. and O'Neill Construction requesting for preliminary plat approval to subdivide the lot at 5024 France Avenue North into two lots. The Planning Commission noted one point of concern with the garage on the northerly lot. The Zoning Ordinance allows garages only as necessary buildings to a principal building, in this case a single - family home. No single - family home would exist on this lot when it is created. Mr. Warren informed that it is the intent of the applicant to eventually build a single - family home on the newly created lot. When the final plat is filed the applicant shall have either made application for a building permit to construct a single - family home on the proposed lot or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed lot within a year. Councilmember Peppe questioned how this one -year timeframe would be monitored. Mr. McCauley responded that the Community Development Department would monitor the matter. Mr. Warren informed the Council that the applicants were present if the Council had any questions and that the Planning Commission recommended approval of Planning Commission Application No. 2003 -005 subject to the following conditions: 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. 05/27/03 -7- 3. Prior to the release of the final plat, the applicant shall have either made application for a building permit to construct a single - family home on the proposed Lot 1 or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within one year. In no event shall there be an accessory building on the proposed Lot 1 beyond one year following the filing of the final plat unless there is a properly constructed single family home on said lot. 4. The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1, as recommended by the City Engineer. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -005 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2003-006 SUBMITTED BY RTM RESTAURANT GROUP. REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN 80 SEAT, 3,286 SQ. FT. ARBY'S RESTAURANT WITH A DRIVE -UP WINDOW AT 5444 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. Mr. Warren outlined Planning Commission Application No. 2003 -006 submitted by RTM Restaurant Group requesting for a special use permit and site and building plan approval to construct an Arby's Restaurant with a drive -up window at 5444 Brooklyn Boulevard. The Planning Commission recommended approval of Planning Commission Application No. 2003 -006 subject to the following conditions: 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 rooftop or on ground mechanical equipment shall be appropriately screened from view. 05/27/03 -8- 5. 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. - 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. I Councilmember Niesen asked for clarification on the entrance /exit locations and questioned if the traffic had been considered. Mr. Warren pointed out the three access points for entering and exiting the property and discussed the site plan review. Councilmember Carmody questioned if the door on the south side by the drive -up window would be used as a main entrance. Mr. Warren discussed that entrance would not be used as a main entrance. Councilmember Carmody inquired why a grease trap for the clean out at the construction point is not identified on the plan. Mr. Blomstrom informed that a dedicated manhole was located which was not known at the time of the plan review. 05/27/03 -9- A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -006 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. loc. PLANNING COMMISSION APPLICATION NO. 2003-007 SUBMITTED BY MR. AND MRS. TONY YANG. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE AN ADULT DAY CARE FACILITY AT 5650 LILAC DRIVE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -007 submitted by Mr. And Mrs. Tony Yang requesting for a special use permit to operate an adult day care facility at 5650 Lilac Drive North and that if the Council had any questions the applicants were present. John Cramer, resident near the property, addressed the Council to express some concerns and ask questions about the operation at the facility. Mr. Cramer asked what the ratio would be with the caretaker and adults. Applicant Tony Yang addressed the Council and responded that the ratio would be 8 to 1. Mr. Cramer asked if the back door would have an alarm system. Mr. Yang responded that the back door would be locked during business hours and that there is no alarm system. Mr. Cramer suggested that an alarm be considered for the sake of the adults using the facility and the area residents. Mr. Cramer discussed his concern about the appearance of the property and snow removal. Mr. Yang discussed the property and the intent that he had for hiring someone for snowplowing in the winter. Mr. Warren informed that the Planning Commission recommended approval of Planning Commission Application No. 2003 -007 subject to the following conditions: 1. The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C -1 and C -2 zoning districts. 2. The adult day care facility as proposed by the applicants meets the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2b of the Zoning Ordinance. 3. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C -1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood, or the community. 05/27/03 -10- 4. The special use permit is granted for an appropriately licensed adult day care facility as outlined in this proposal. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this special use permit. 5. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation. 6. Building plans for remodeling and occupancy of this building, are subject to approval of the Building Official prior to issuance of permits. 7. The applicant shall provide a 6 ft. high opaque fence to provide a screening between the parking lot and the residential property. A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve Planning Commission Application No. 2003 -007 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS Ila. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ORLANDER NELSON This item was repositioned to 8a. llb. RESOLUTION EXPRESSING APPRECIATION TO REPRESENTATIVE DEBRA HILSTROM AND SENATOR LINDA SCHEID FOR THEIR EFFORTS ON BEHALF OF THE CITY TO SECURE AN OFF - STREET TRANSIT HUB FACILITY Mayor Kragness read the resolution expressing appreciation to Representative Debra Hilstrom and Senator Linda Scheid for their efforts on behalf of the City to secure a transit hub facility in Brooklyn Center. RESOLUTION NO. 2003-89 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION TO REPRESENTATIVE DEBRA HILSTROM AND SENATOR LINDA SCHEID FOR THEIR EFFORTS ON BEHALF OF THE CITY TO SECURE AN OFF - STREET TRANSIT HUB FACILITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. I 05/27/03 -11- Ile. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER FIRE DEPARTMENT IN SUPPORT OF SAFETY CAMP Mayor Kragness read the resolution expressing appreciation for the gift of $500 from the Brooklyn Center Fire Department to support safety camp. RESOLUTION NO. 2003 -90 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER FIRE DEPARTMENT IN SUPPORT OF SAFETY CAMP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. lld. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 26 THROUGH JUNE 28, 2003 Mayor Kragness read the resolution declaring Earle Brown Days as a Civic Event from June 26 through June 8, 2003. RESOLUTION NO. 2003 -91 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 26 THROUGH JUNE 28, 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Ile. RESOLUTION DIRECTING THE TERMINATION OF THE AUTOMATED CLEARING HOUSE (ACH) SERVICES PROGRAM Mr. McCauley discussed that this resolution would direct the termination of the Automated Clearing House (ACH) Services Program since the program participation of 15 percent will not be reached and the expense of providing this service to a small number of customers was demonstrated to be financially ineffective. RESOLUTION NO. 2003-92 Councilmember Lasman introduced the following resolution and moved its adoption: 05/27/03 -12- RESOLUTION DIRECTING THE TERMINATION OF THE AUTOMATED CLEARING HOUSE (ACH) SERVICES PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. lit REPORT ON PRELIMINARY DISPATCH FEASIBILITY STUDY WITH SUBURBAN COMMUNITIES Mr. McCauley reported that he along with Mr. Bechthold and IT Coordinator Patty Hartwig had participated in a meeting with several other cities and Hennepin County regarding dispatch services. The outcome of this meeting was that it would be beneficial to conduct a preliminary feasibility study of dispatch consolidation. The City of St. Louis Park has proposed to take the next steps for this process. He recommended that the City participate in the preliminary feasibility study and evaluate participation in the study after proposals have been received and a specific commitment is required. A price has not been determined for this study. A motion by Councilmember Lasman, seconded by Councilmember Carmody to authorize the letter of intent to participate in the preliminary feasibility study. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 7:59 p.m. Motion passed unanimously. A J A-*- City Clerk Mayor 05/27/03 -13- i