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HomeMy WebLinkAbout2004 01-26 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 JANUARY 26, 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, Ka Lasman Diane Niesen and Bob Y Yrn g � Y� Y > Peppe. Also present were 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 A moment of silence was observed. 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, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were 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 01/26/04 -1- 6. COUNCIL REPORT Councilmember Lasman reported that she attended the North Metro Mayors Legislative meeting and the Northport Neighborhood meeting on January 14, 2004; a Crime Prevention meeting on January 21, 2004; the National Pollution Program Informational meeting on January 22, 2004; and a Legislative Breakfast hosted by the City of Crystal on January 24, 2004. Councilmember Carmody reported that she attended the National Pollution Program Informational meeting on January 22, 2004; and a Special Events Committee meeting on January 22, 2004. Councilmember Niesen reported that she attended her first Housing Commission meeting on January 20, 2004; and the Legislative Breakfast on January 24, 2004. Mayor Kragness reported that she attended a Governor's Homeland Security meeting and expressed that she believes the City should consider reviewing what is in place for the City of Brooklyn Center. 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. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the January 12, 2004, study, regular, and work session minutes. Councilmember Peppe abstained. Motion passed. 7b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Changing Climates Inc. P.O. Box 491056, Blaine Pride Heating & Air 22713 Buchanan Street NE, East Bethel Kleve Heating & Air 13075 Pioneer Trail, Eden Prairie RENTAL Renewal: 3401 -13 47 Avenue North (22 Units) - Clover Management 292653 d Avenue North - Nita Morlock 3807 61 Avenue North - Toshie Metzger 4100 Lakebreeze Avenue North (4 Units) - Bruce Waage 4809 -11 Twin Lake Avenue (6 Units) - Curtis Erickson 01/26/04 -2- 5707 Girard Avenue North - Nita Morlock 4902 France Avenue North - William Dudley Initial: 2006 71" Avenue North - Kamal Ibrahim 6801 Fremont Place North - Olamiyi Kuku 5400 Irving Avenue North - Paul Vue TOBACCO RELATED PRODUCT Best Western Brooklyn Center Inn 1501 Freeway Boulevard Tobacco Fresh 6930 Brooklyn Boulevard 7c. RESOLUTION AUTHORIZING THE CITY TO DONATE OUTDATED WIRELESS TELEPHONES AND ACCESSORIES TO PROJECT P.E.A.C.E. RESOLUTION NO. 2004-16 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY TO DONATE OUTDATED WIRELESS TELEPHONES AND ACCESSORIES TO PROJECT P.E.A.C.E. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION AUTHORIZING APPLICATION FOR MN/DOT BRIDGE FUNDING FOR FREEWAY BLVD. BRIDGE NO. 27581 RESOLUTION NO. 2004 -17 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION FOR MN/DOT BRIDGE FUNDING FOR FREEWAY BLVD. BRIDGE NO. 27581 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. APPEARANCES -REX NEWMAN, NORTHWEST SUBURBAN CABLE COMMUNICATIONS Rex Newman, Northwest Suburban Cable Communications Commission ( NWSCCC) Commissioner, addressed the Council to report on the NWSCCC responsibilities, to discuss the Northwest Suburban Community Access Corporation, key issues, and how well the Commission is working. All of his comments were addressed in a letter to the Council and provided to the Deputy City Clerk for the public record. 01/26/04 -3- Councilmember Niesen questioned if the NWSCCC works with new cable companies and whom people can talk to about the price for cable. Mr. Newman responded that cable companies do need to go through the NWSCCC and that the current cable price is in the middle range. -LANG- NELSON ASSOCIATES -LANG NELSON ASSOCIATES HAS REQUESTED TO APPEAR AT THE FEBRUARY 9, 2004, CITY COUNCIL MEETING. Mr. Boganey informed that Lang Nelson Associates had requested to appear at the February 9, 2004, City Council meeting. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2004-001. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE SIX EXISTING LOTS, TWO OUTLOTS AND SURPLUS MN/DOT RIGHT OF WAY AND DIVIDE IT INTO 29 SINGLE FAMILY RESIDENTIAL LOTS AT THE SOUTHWEST CORNER OF T H 252 AND 69 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 15, 2004, MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2004- 001 requesting for preliminary plat approval to combine six existing lots, two outlots and surplus Minnesota Department of Transportation (Mn/DOT) right of way, and divide it into 29 single family residential lots at the southwest corner of T.H. 252 and 69 Avenue North. Councilmember Niesen requested clarifications on what she believes are uncertainties for this development. Mr. Warren explained the development agreements and public hearing process. He informed that there is still a lot to be done before the developer can proceed with the project. Councilmember Niesen inquired if the City Engineer will require a subdivision agreement outlining the costs for the street improvements and utility extensions necessary for the plat and if the Council will see the agreement. Mr. Warren discussed that it will be required and that most agreements are standard and reviewed by the City Attorney. Councilmember Niesen questioned if the watershed would be involved with the project. Mr. Warren informed that the watersheds have standards regarding wetlands and that this project does not meet requirements to have the watershed involved. Councilmember Peppe questioned the level of homes for the project and if the project is suitable with regards to the City's Comprehensive Plan. David Evanson, Eastbrook Properties, LLC, addressed the Council and discussed that the project will be a more expensive development and that homes will be in the low $250,000 range; and that the lots will be comparable in size to existing lots in Brooklyn Center. 01/26/04 -4- Mr. Warren discussed that the City's Comprehensive Plan does not actually address developments and that the development is consistent and compatible with what the City's Comprehensive Plan calls for. Councilmember Carmody questioned the storm water practices and if street improvements were considered when reviewing this development. Director of Public Works /City Engineer Todd Blomstrom discussed the City follows basic rules of not to increase runoff and not to rate runoff but quality. Councilmember Carmody questioned if protective covenants will be required within Block 2 of the proposed subdivision. Mr. Blomstrom responded that would be required so that if the City needs to go back years from now the covenants will help. Mr. Warren informed that the Planning Commission recommended approval of Planning Commission Application No. 2004 -001 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. 3. The house and accessory buildings currently on the lot addressed 421 69`" Avenue North shall be removed or relocated so that they comply with the requirements of the zoning ordinance for the location of structures. This shall be accomplished in conjunction with the filing of the final plat. 4. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2004 -001 subject to the above conditions. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2004-002. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE TWO PARCELS OF LAND AT THE NORTHWEST CORNER OF COUNTY ROAD 10 AND NORTHWAY DRIVE INTO A SINGLE LOT FOR DEVELOPMENT OF A TRANSIT FACILITY; AND PLANNING COMMISSION APPLICATION NO. 2004 -003. REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT TO CONSTRUCT A 4,218 SQ. FT. TRANSIT FACILITY AT THE NORTHWEST CORNER OF COUNTY ROAD 10 AND NORTHWAY DRIVE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THESE APPLICATIONS AT ITS JANUARY 15, 2004, MEETING. 01/26/04 -5- Mr. Warren outlined Planning Commission Application No. 2004 -002 requesting for preliminary plat approval to combine two parcels of land at the northwest corner of County Road 10 and Northway Drive into a single lot for development of a transit facility; and Planning Commission Application No. 2004 -003 requesting for site and building plan approval and special use permit to construct a 4,218 square foot transit facility at the northwest corner of County Road 10 and Northway Drive. Mr. Warren informed that the City Engineer had requested some additional help to keep pedestrian traffic in certain locations. Pat Jones, on behalf of Metropolitan Transit, had informed that they would provide a decorative fence to control pedestrian traffic and provide a connecting sidewalk at the southwest corner of the site. Councilmember Lasman questioned what the expectations would be for the number of buses. Mr. Jones discussed approximately ten spots and two spare spots for buses to park. Council discussed the previously adopted Letter of Agreement. Councilmember Niesen asked who would be paying for the street work. Mr. Blomstrom discussed that the Metropolitan Transit will be paying the costs of the street work and the relocation of the water main. Councilmember Niesen questioned the parking for employees and the landscaping design. Mr. Jones informed that there would be signs for most all of the parking spaces. Mr. Blomstrom discussed that they will be using an aesthetic element because of the concern of pedestrian traffic. Councilmember Niesen suggested that lighting for the sidewalks be considered. Mayor Kragness suggested that they consider more than two stalls for taxicabs at this facility. Mr. Jones discussed that the facility will be using security cameras that would record activities and that their own Police will inspect the facility after hours. Councilmember Lasman questioned if the completion date will be in December 2004. Mr. Jones responded that they are on schedule and hope to be open December 1, 2004. Councilmember Carmody questioned how they would prevent people from parking in the local strip mall. Mr. Jones responded that they could put signage at that location. Councilmember Carmody informed that one of her recommendations would be to put a pedestrian access at the Cub Foods corner. The Planning Commission recommended approval of Planning Commission Application No. 2004- 002 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 01/26/04 -6- 2. Final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The location of utility easements within the plat are subject to the final approval of the City Engineer. 4. A right of way vacation shall be accomplished prior to final plat approval. The Planning Commission recommended approval of Planning Commission Application No. 2004- 003 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. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. 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. 5. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines to the City Engineer. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 10. The special use permit is granted for a public transportation terminal as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance shall require an amendment to the special use permit. 11. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 01/26/04 -7- 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department. 13. The applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application Nos. 2004 -002 and 2004 -003 subject to the above conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF SENIOR PROGRAMS Mayor Kragness read the resolution expressing appreciation to the Women's Club for their donation of $300 in support of senior programs. RESOLUTION NO. 2004-18 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF SENIOR PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10b. RESOLUTION SUPPORTING SPECIAL LEGISLATION TO EXTEND PERIOD WITHIN WHICH TO COMMENCE ACTIVITIES IN TAX INCREMENT FINANCING DISTRICT NO.3 Mr. Boganey discussed that this resolution would support special legislation to extend period within which to commence activities in Tax Increment Financing (TIF) District No. 3 by three years and that the City's Delegation is requested to introduce and support such legislation on behalf of the City. RESOLUTION NO. 2004-19 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION SUPPORTING SPECIAL LEGISLATION TO EXTEND PERIOD WITHIN WHICH TO COMMENCE ACTIVITIES IN TAX INCREMENT FINANCING DISTRICT NO.3 01/26/04 -8- i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. loc. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2004 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Boganey discussed that this resolution would call for a public hearing on February 23, 2004, as required by Federal Law. He outlined the three program recommendations and informed that the City had ad received an additional request for funding under the public service category. The request was for $5,000 from Home Line. RESOLUTION NO. 2004-20 Councilmember Lasman introduced the amended resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2004 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10d. MAYORAL APPOINTMENTS TO FINANCIAL COMMISSION AND PLANNING COMMISSION Mayor Kragness requested ratification of the following: Financial Commission Robert Milne Susan Shogren Smith Planning Commission Timothy Roche A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify the above Mayoral nominations. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adj ourn the City Council meeting at 8:57 p.m. Motion passed unanimously. / 1 ,- z C , � " City Clerk Mayor 01/26/04 -9-