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HomeMy WebLinkAbout2002 08-12 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 AUGUST 12, 2002 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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Brad Erickson, 6113 Emerson Avenue North, addressed the Council to discuss concerns he had with traffic in his area and requested stop signs at 61 Sc and 62 Avenues. Mayor Kragness informed Mr. Erickson that the City would have to do a traffic study in the area. City Manager Michael McCauley informed the Council that there is a waiting list and that this area would not be able to be studied until after the school year starts. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Ricker to adj ourn informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Rev. Tim Johnson, Brookdale Covenant 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. 08/12/02 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Fiscal and Support Services Director Doug Sell, 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. 6. COUNCIL REPORT Councilmember Ricker reported that he participated in National Night Out on August 6, 2002, and the Smart Growth presentation on August 8, 2002. Councilmember Lasman reported that she attended the retirement reception for Bob Dirks and Jean Dorweiler in July and apologized for missing that report at the July 22, 2002, meeting. She informed the Council that she went on a ride -a -long with one of the Brooklyn Center Police and commended the work of Police Officers. She attended the Smart Growth presentation on August 8, 2002, and on August 10, 2002, a Concert Symposium. Councilmember Peppe reported that he participated in National Night Out on August 6, 2002. Councilmember Nelson reported that he participated in National Night Out on August 6, 2002, and an Association of Metropolitan Municipalities meeting on August 7, 2002. Mayor Kragness reported that she participated in National Night Out on August 6, 2002, and the World Choral Symposium held at the Korean Presbyterian Church. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested removal of Consent Agenda Items 7g, Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 2002 -01 and 2002 -02, Contract 2002 -A, Southwest Area Neighborhood Street and Storm Drainage Improvements, and 7h, Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 2002 -05 and 2002 -06, Contract 2002 -B, Garden City South Neighborhood Street and Storm Drainage Improvements, to Consideration as items 9h and 9i. There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 08/12/02 -2- 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of July 22, 2002, study, regular and executive sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Mechanical Inc. 16411 Aberdeen Street NE, Ham Lake RENTAL Renewal: 819 -21 55th Avenue North Vincent Hayden (Turning Point Inc.) 5233 Drew Avenue North James and Joan Bagwell 5328 -30 Queen Avenue North Mike Haase 4748 Twin Lake Avenue North Mrs. Paul Enge Humboldt Court Apartments Martha Ann Demetriou Sterling Square Apartments Lake Energy Investments Initial: 5825 Colfax Avenue North Beulah Hill 3318 Mumford Road Olvfemi Olagbaju 7208 Perry Court East Vincent Okonkwo 5256 Twin Lake Blvd. East Brian Somkhan SIGN HANGER Install This Awning & Sign Co. 5345 4th Street, Brooklyn Center Signcrafter's 7775 Main Street NE, Fridley 7c. APPROVAL OF APPLICATION TO CONDUCT RAFFLE FROM ST. ALPHONSUS CHURCH FOR AN EVENT ON OCTOBER 13, 2002 A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the application received to conduct raffle from St. Alphonsus Church for an event on October 13, 2002. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002 -101 Councilmember Nelson introduced the following resolution and moved its adoption: 08/12/02 -3- RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002 -102 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2, 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 Lasman. Motion passed unanimously. 7f. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2002-103 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7g. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS This item was removed and placed on Consideration at 9h. 08/12/02 -4- 7h. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 -B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS This item was removed and placed on Consideration as 9i. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NOS. 2002 -009 AND 2002 -010 SUBMITTED BY INDEPENDENT SCHOOL DISTRICT NO. 286. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE AND DIVIDE THE EXISTING EARLE BROWN ELEMENTARY SCHOOL SITE, GRANDVIEW PARK AND A SEGMENT OF VACATED HUMBOLDT AVENUE RIGHT OF WAY INTO TWO LOTS AND SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A NEW 141,000 SQ. FT. EARLE BROWN ELEMENTARY SCHOOL AND A RECONFIGURED GRANDVIEW PARK. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 25, 2002 MEETING. City Manager Michael McCauley discussed that the Planning Commission had recommended approval of the preliminary plat for the Earle Brown Elementary School site and that an ordinance vacation approval will follow on the Council Consideration Items for vacation of right -of -way for street purposes. Planning and Zoning Specialist Ron Warren outlined the applications received by Independent School District No. 286 requesting for preliminary plat approval to combine and divide the existing Earle Brown Elementary School site, Grandview Park, and a segment of vacated Humboldt Avenue right -of -way into two lots, and special use permit and site and building plan approval to construct a new 141,000 square foot Earle Brown Elementary School and a reconfigured Grandview Park. Mr. Warren informed the Council that the Planning Commission recommended approval of Planning Commission Applications 2002 -009 and 2002 -010 subject to the following conditions: 2002 -009: 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. Appropriate agreements comprehending the joint use of the properties by the City and the School District shall be developed and filed with the final plat. 08/12/02 -5- 4. A 63 ft. wide utility easement shall be retained following the vacation of the Humboldt Avenue right of way between 59th and 60th Avenues North. This easement shall be shown on the final plat. 5. The storm water detention plan proposed for this development requires approval by the West Mississippi Watershed Management Commission prior to final plat approval. 6. Building permits for construction of any buildings comprehended under Planning Commission Application No. 2002 -010 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 2002 -010: 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/or rooftop mechanical equipment shall be appropriately screened from view. 4. 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's Ordinances. 5. B -612 curb and gutter shall be provided around all parking and driving areas. 6. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The final plat and Humboldt Avenue street right of way vacation shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the construction of the elementary school. 9. Special use permit is granted for the construction of a new Earle Brown Elementary School and the redevelopment of Grandview Park. Any expansion or alteration of the facilities not comprehended by the approval shall require and amendment to the special use permit. 08/12/02 -6- 10. The developer shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 11. The storm water drainage system and ponding area requires approval by the West Mississippi Watershed Management Commission prior to issuance of permits. Mr. Warren discussed that the ponding areas will need to be approved by the West Mississippi Watershed Commission and the ponding is needed for the building and hard surface issues. Mr. McCauley informed the Council that the ponds will be the responsibility of Earle Brown School and the City will not have any responsibility with the two ponds proposed. Mr. Warren discussed that there were some safety concerns with the sliding hill and that the Council may wish to take a closer look at this topic. Mr. McCauley informed the Council that the area of the sliding hill continues to be under active review. Councilmember Nelson questioned the trade -off on land from both locations. Mr. Warren indicated that the Grandview portion is 12.45 acres and the Earle Brown School is 8.1 acres, with .87 acres of right -of -way vacated. Representatives Greg Theilson and Toni Johns from the School District were present and addressed the Council to inform that there will be a groundbreaking event if approved in September and that the completion date is scheduled for the Fall of 2004. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application Nos. 2002 -009 and 2002 -010 subject to the above listed conditions recommended by the Planning Commission. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2002-011 SUBMITTED BY KIMTRANG KIMBERLY NGUYEN. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A HOME BEAUTY SHOP AT 3312 O'HENRY ROAD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 25, 2002 MEETING. Mr. McCauley discussed that the Planning Commission reviewed Planning Commission Application No. 2002 -011 at its July 25, 2002, meeting and recommended the application for approval subj ect to the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing 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. 08/12/02 -7- 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 4. The hours of operation shall be between the hours of 8:30 a.m. to 7:30 p.m. Monday through Saturday. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations to be made to the property. 6. A current copy of the applicant's state license shall be submitted to the City prior to the issuance of the special use permit related to this application. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2002 -011 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2002 LANDSCAPE AND GARDEN CONTEST Mr. McCauley shared the pictures of the following winners: Judge's Award for Best Gardens Cheryl Zaic 7037 Grimes Avenue North Judge's Award for Best Shade Gardent Nancy Bass 82173 d Avenue North Special Recounition for Landscape Lavout Desien Russ and Pat Schneider 7234 Humboldt Avenue North Special Recoenition for Most Enthusiastic Gardener Janice Jungwirth 5521 Girard Avenue North Special Recoenition for Sidewalk Cafe Garden Caribou Coffee 5711 Xerxes Avenue North 08/12/02 -8- RESOLUTION NO. 2002-104 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2002 LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9b. RESOLUTION APPOINTING PATTY HARTWIG AS ALTERNATE TO THE BOARD OF DIRECTORS OF LOGIS RESOLUTION NO. 2002 -105 Councilmember Nelson introduced the following esolution and moved its adoption: g p RESOLUTION APPOINTING PATTY HARTWIG AS ALTERNATE TO THE BOARD OF DIRECTORS OF LOGIS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. REPORT ON CODE ENFORCEMENT Mr. McCauley reported that as of July 31, 2002, the first inspections of multi -unit housing and 20 percent of the commercial properties had been inspected. The residential sweep had a total of 1,014 violations. Second round inspections continue and will be completed at the end of August. He informed the Council that there had been 973 first letters sent by address, 280 second letters mailed, and 657 thank you compliance letters for residential properties. Councilmember Ricker questioned how the numbers compare to 2001. Mr. McCauley informed the Council that the numbers are trending downwards and that the numbers are significantly lower than four to five years ago. 9d. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EASEMENT AGREEMENT WITH THE PROPERTY OWNER AT 5700 CAMDEN AVENUE Mr. McCauley discussed this resolution is a unique situation and was created due to some flooding at the property of 5700 Camden Avenue. RESOLUTION NO. 2002 -106 08/12/02 -9- Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EASEMENT AGREEMENT WITH THE PROPERTY OWNER AT 5700 CAMDEN AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9e. RESOLUTION APPOINTING ELECTION JUDGES RESOLUTION NO. 2002 -107 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPOINTING ELECTION JUDGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9f. AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60 AVENUE NORTH Mr. McCauley discussed that this issue is related to the earlier discussed Planning Commission Application Nos. 2002 -009 and 2002 -010 and would call for approval of the first reading and set second reading and public hearing for September 9, 2002. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing on September 9, 2002. Motion passed unanimously. 9g. RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ACTION WITH RESPECT TO HOUSING BOND CONTRACT DOCUMENTS Mr. McCauley discussed that the resolution would authorize the City Manager and City Attorney to take action with respect to housing bond contract documents as deemed necessary. RESOLUTION NO. 2002-108 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ACTION WITH RESPECT TO HOUSING BOND CONTRACT DOCUMENTS 08/12/02 -10- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9h. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS 9i. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 -B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. McCauley discussed that these resolutions were removed from the Consent Agenda and placed on Consideration for an update on how the projects will be handled due to the recent changes in the Engineering staff. Mr. McCauley informed the Council that the former City Engineer, Scott Brink, is overseeing the projects in progress and that the contractor hired for the projects will continue as planned. RESOLUTION NO. 2002 -109 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2002-110 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 -B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 08/12/02 -11- 10. WATERSHED COMMISSION PRESENTATION Representative from the Shingle Creek and West Mississippi Watershed Management Commissions, Diane Spector, presented information on the 2 °d Generation Plan and the impact this plan would have on Brooklyn Center. Councilmember Nelson questioned if the increase in the budget is necessary with all that is happening with budget cuts across the State. Ms. Spector informed the Council that the State Law requires watersheds to do certain things and pointed out that the watershed, have not increased their budgets over the last ten years. 11. ADJOURN TO ALL AMERICAN ROOM, 113, FOR CLOSED SESSION WITH LEGAL COUNSEL TO DISCUSS PENDING LITIGATION There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:20 p.m. for Closed Session with Legal Counsel to the All American Room, 113, to discuss pending litigation. Motion passed unanimously. Lt City Clerk Mayor 08/12/02 -12-