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HomeMy WebLinkAbout2002 06-10 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 JUNE 10, 2002 WEST FIRE STATION — TRAINING ROOM 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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM The Council adjourned the Informal Open Forum at 6:59 p.m. 2. INVOCATION I A moment of silence was offered. 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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 06/10/02 -1- I 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Association of Metropolitan Municipalities Dinner on May 30, 2002, the Legislative Wrap -up meeting on June 1, 2002, the Grand Opening of Barnes and Noble at Brookdale and the Northwest Human Rights Coalition meeting on June 4, 2002, the Northwest Hennepin Human Services Council Open House on June 5, 2002, and a Public Law Update Workshop on June 7, 2002. Councilmember Ricker reported that he attended the Barnes and Noble Grand Opening on June 4, 2002. Councilmember Nelson reported that he attended the Earle Brown Board of Directors meeting on June 4, 2002, and on June 6, 2002, he attended the Northwest Suburbs Cable Communications Commission meeting. Mayor Kragness added that there will be a craft show on Saturday, June 29, 2002, and encouraged people interested to attend. She noted that the Entertainment in the Park will be held again this year and encouraged people to attend these events. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested removal of Consent Agenda Item 6d, Resolution Approving Final Plat, HC BROOKDALE (Hennepin County Regional Center) and placing it as Council Consideration Item 9h. There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes of the May 28, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. 06/10/02 -2- AMUSEMENT DEVICE OPERATOR Americinn Motel and Suites 2050 Freeway Boulevard Brooklyn Center Community Center 6301 Shingle Creek Parkway Brooklyn Center Legion 6110 Brooklyn Boulevard Chi -Chi's 2101 Freeway Boulevard Chuckwagon Grill 5720 Morgan Avenue North Comfort Inn 1600 James Circle North Davanni's 5937 Summit Drive Earle Brown Bowl Lanes 6440 James Circle Family Dollar 2105 North 57 Avenue Ground Round 2545 County Road 10 Holiday Inn North 1501 Freeway Boulevard MCTO 6845 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North Thunder Alley 5930 Earle Brown Drive MECHANICAL Architect Mechanical, Inc. 105 Old Highway 8, New Brighton Flare Heating 9303 Plymouth Avenue North, Golden Valley Schadegg Mechanical, Inc. 225 Bridgepoint Drive South. St. Paul RENTAL Renewal: 1200 67th Avenue North Tom Morrow 5347 Penn Avenue North Joyce A. Lillie Initial: 5308 Russell Avenue North Donna M. Reinarz SIGNHANGER Spectrum Sign Systems 5680 Flint Trail, Wyoming 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002-73 Councilmember Lasman introduced the following resolution and moved its adoption: I RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 06/10/02 -3- i 7d. RESOLUTION APPROVING FINAL PLAT, HC BROOKDALE (HENNEPIN COUNTY REGIONAL CENTER) This item was removed and placed on Council Consideration as item 9h. 7e. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002-74 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2002- 05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2002-006 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. REQUEST FOR REZONING AND DEVELOPMENT PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE DEVELOPMENT OF A 34,228 SQ. FT., FOUR BUILDING, MIXED USE COMMERCIAL/RETAIL DEVELOPMENT AT THE NORTHEAST QUADRANT OF 69TH AND BROOKLYN BOULEVARD. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -006 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. 8b. PLANNING COMMISSION APPLICATION NO. 2002-007 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL TO SUBDIVIDE 5.6 ACRES OF LAND AT THE NORTHEAST QUADRANT OF 69TH AND BROOKLYN BOULEVARD INTO FOUR LOTS. 1. RESOLUTION APPROVING FINAL PLAT, JOHNCO ADDITION (69 AND BROOKLYN BOULEVARD) 06/10/02 -4- 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69TH AND BROOKLYN BOULEVARD) City Manager Michael McCauley informed the Council that this item along with agenda item 8b, relate to the same subject matter and that the developer for this development was present to discuss with the Council the progress of the development. He suggested that the developer provide a presentation to the Council before asking Planning and Zoning Specialist Ron Warren to outline the Planning Commission items. Greg Watson, Westbrook Development Inc., addressed the Council to update them on the progress of the development at the corner of 69 and Brooklyn Boulevard. They have finalized with Culvers and continue to focus on service- oriented businesses for the other leases at this location. Mr. Watson discussed the decorative fencing that will be used around this development and that the back of the development will have an eight foot privacy fence. Mr. Warren outlined the technical issues for both Planning Commission Applications 2002 -006 and 2002 -007. The Planning ommission recommended both applications at its meeting on May 30 g pp g Y 2002. Planning Commission Application 2002 -006 had the following recommendations included in the proposed resolution to be adopted by the City Council: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal 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. 3. The utilization of the property as proposed under this Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. greenstrip along the Brooklyn Boulevard and 70' Avenue North rights of way in the location of a proposed convenience store /gas station/car wash; and to allow parking and a portion of a drive lane to encroach in a 35 ft. buffer area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 06/10/02 -5- 6. In light of the above considerations, it is believed that the guidelines for evaluating re- zonings as 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. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002 -006 be approved subject to the following conditions and considerations: 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 building permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all driving and parking areas. 5. An outside trash disposal facilities and rooftop or on round mechanical Y P P g equipment shall be appropriately screened from view. 6. All buildings shall 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. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances with the exception of freestanding signs authorized by Condition No. 18. 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. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 06/10/02 -6- 11. The plans shall be modified to provide: a. Concrete parking delineators at the end of parking rows north of the 21,500 sq. ft. multi - tenant building and south of the 4,230 sq. ft. restaurant/retail building. b. A continuation of the decorative iron fence with masonry piers in the Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant. c. A lighting plan consistent with the requirements of Section 35 -712 of the Zoning Ordinance. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. Trash pick up and truck deliveries on the east side of the multi - tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. 15. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2002 -007 has been given final approval by the City Council and filed with Hennepin County. 16. The applicant 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 building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 17. Approval of the PUD comprehends only conceptual approval of the Super America gas station/convenience store /car wash. Plans shall be submitted for Planning Commission and City Council review and approval. The layout shall be such that the car wash is not located adjacent to Brooklyn Boulevard. 06/10/02 -7- 18. PUD approval authorizes two freestanding development signs to be incorporated in the comer landscape nodes at 69th and 70th Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and SuperAmerica to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. 19. The applicant shall provide on site traffic control signs as deemed appropriate by the City Engineer. The Planning Commission recommended the following conditions for Planning Commission Application No. 2002 -007: 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. 2002 -006. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 ft. wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The plat shall be modified to eliminate the jog in the south lot line for the proposed Lot 3. This area shall be dedicated as right -of -way. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2002 -006 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Councilmember Lasman questioned if all four motions could be made under one motion for Planning Commission Applications 2002 -006 and 2002 -007. Mr. McCauley informed the Council that one motion would be acceptable. RESOLUTION NO. 2002 -75 Councilmember Lasman introduced the following resolution and moved its adoption: 06/10/02 -8- RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002-006 SUBMITTED BY WESTBROOK DEVELOPMENT, INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. w A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2002 -007 subject to the above listed conditions recommended by the Planning Commission. Motion passed unanimously. RESOLUTION NO. 2002-76 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, JOHNCO ADDITION (69 AND BROOKLYN BOULEVARD) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land (NE quadrant of 69 and Brooklyn Boulevard). Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING ERIC ROISUM IN APPRECIATION OF HIS SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Kragness read the resolution recognizing Eric Roisum for his 15 years of service to the City of Brooklyn Center. RESOLUTION NO. 2002-77 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING ERIC ROISUM IN APPRECIATION OF HIS SERVICE TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 06/10/02 -9- 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT Mayor Kragness read the resolution expressing appreciation for the gift of $300 to be used for the Earle Brown Days Junior Golf Tournament. RESOLUTION NO. 2002-78 Councilmember Nelson introduced the following esolution and moved its adoption: g p RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATIVE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2003 -2005 Mr. McCauley discussed that this resolution is one that is before the Council every two years to continue qualification as an Urban County for purposes of the Community Development Block Grant and HOME Programs. The program years are for Federal Fiscal Years July 2002 through July 2004. RESOLUTION NO. 2002-79 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATIVE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2003 -2005 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9d. FIREWORKS DISCUSSION Mr. McCauley informed the Council that Fire Chief Ron Boman had raised an issue of whether or not the City should regulate fireworks given the relaxation of State Law on fireworks. 06/10/02 -10- City staff had reviewed this matter and the general consensus was that licensing was not indicted, but that some limitations on where and how fireworks were sold would be appropriate from a safety and land use perspective. After further discussion, it was the consensus of the Council to have an emergency ordinance prepared by the City Attorney and presented to the Council at its June 24, 2002, meeting. A regular ordinance would follow the adoption of the emergency ordinance. 9e. CODE ENFORCEMENT REPORT Mr. McCauley reported on the areas that had been inspected during the summer sweep. Some of the orders issued included 128 unlicensed/inoperable vehicles, 83 illegal parking/storage of vehicles, and 51 accumulation of rubbish, brush, and debris. There were a total of 363 orders and the summer sweep will continue with re- inspections along with new complaints received. Mr. McCauley informed the Council that another report regarding the completion of the summer sweep would be prepared and shared with the Council. 9f. PRELIMINARY REPORT ON MAY MOBILIZATION TRAFFIC AND SAFETY SATURATION Mr. McCauley discussed that the May Mobilization Traffic and Safety enforcement began on May 28, 2002. Five officers had been dedicated to work this project with no overtime needed. The total activity through day six of this project accumulated 593 violations with 358 of the violations issued for speed citations. The areas of concentration had been based upon a statistical review of reported problem areas that included Humboldt, Highway 100, 69 Avenue, and Brooklyn Boulevard. This project will end on June 7, 2002, and a final report will be prepared. 9g. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THOSE APARTMENT BUILDINGS LOCATED AT 2802, 2806, 2810, 2814, 2818, 2822, 2826, 2830, 2834, 2838, 2900, 2904, 2908, 2912, 2916, 2920, 2924, 2928, 2932, 2936, AND 2940 NORTHWAY DRIVE, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS TRACT B, REGISTERED LAND SURVEY NO. 1186 HENNEPIN COUNTY, MINNESOTA Mr. McCauley discussed that this resolution would order the correction of hazardous conditions and other ordinance and statutory violations pursuant to Minnesota Statutes 463.15. Councilmember Nelson stated that he believes the Council has done its due diligence on this issue and that the Council needs to protect the citizens of Brooklyn Center. 06/10/02 -11- RESOLUTION NO. 2002-80 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THOSE APARTMENT BUILDINGS LOCATED AT 2802, 2806, 2810, 2814, 2818, 2822, 2826, 2830, 2834, 2838, 2900, 2904, 2908, 2912, 2916, 2920, 2924, 2928, 2932, 2936, AND 2940 NORTHWAY DRIVE, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS TRACT B, REGISTERED LAND SURVEY NO. 1186 HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9h. RESOLUTION APPROVING FINAL PLAT, HC BROOKDALE (HENNEPIN COUNTY REGIONAL CENTER) Councilmember Nelson discussed that he had requested to have this item removed from the Consent Agenda to report that the City had worked cooperatively with the County on this plan. RESOLUTION NO. 2002-81 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, HC BROOKDALE (HENNEPIN COUNTY REGIONAL CENTER) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Ricker, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:58 p.m. Motion passed unanimously. City Clerk 0 Mayor d 06/10/02 -12-