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HomeMy WebLinkAbout2002 08-26 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 AUGUST 26, 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, Assistant City Manager Jane Chambers, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Fred Bebensee, 2913 63 Avenue North, addressed the Council to present a petition and discuss the street improvements that were made in his neighborhood. He requested that something be done about the driveway and sod. Ron Weis and Toni Lea, residents of Brooklyn Center, also addressed the Council regarding this issue. Mayor Kragness and City Manager Michael McCauley informed the residents that staff is working on resolving the issues and that the completion date for the replacement work for the aprons would be June of 2003. Assistant City Manager Jane Chambers informed the residents that there would be a neighborhood meeting scheduled once a plan of action is completed. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 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. 08/26/02 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, 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 Lasman reported that she attended the Retirement reception for Bob Dirks on August 20, 2002, and the City Council Retreat on August 24, 2002. Councilmember Nelson reported that he attended the Association of Metropolitan Municipalities meeting on August 21, 2002, and the City Council Retreat on August 24, 2002. Mayor Kragness informed the Council that she attended the Waste Management ribbon - cutting event and enjoyed a tour of the new facility. She discussed the upcoming one -day curbside recycling event that is scheduled for September 14, 2002, and informed that information will be mailed regarding this event. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of August 12, 2002, study, regular, and executive sessions; and the August 19, 2002, work session with Financial Commission. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. 08/26/02 -2- MECHANICAL All -Ways Heating and A/C 2806 110th Street NE, Monticello Green Mechanical Inc. 8811 E. Research Center Road, New Hope Max Mechanical 711 5th Street SW, New Brighton On Site Mechanical 2600 Tyrone Lane, Mound RENTAL Renewal: 4718 Twin Lake Avenue Richard and Elizabeth Becht SIGN HANGER Sign A Rama 829 Marquette Avenue, Minneapolis 8. PRESENTATION REGARDING OSSEO SCHOOL DISTRICT OPERATING LEVY Dr. Chris Richardson, Osseo School District Superintendent, presented information and discussed the school district's operating levy. Mayor Kragness commented that the City could not afford to lose another school in Brooklyn Center and that information needs to be circulated to promote more about this levy. Councilmember Nelson questioned if there had been a "Vote Yes" committee formed. Dr. Richardson informed the Council that there has been a committee formed and that the school district will be sending out information in the next couple of weeks, along with promoting information through other City Councils and organizations. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ENCROACHMENTS ON YARD SETBACK REQUIREMENTS City Manager Michael McCauley discussed that this ordinance amending Chapter 35 would eliminate the City regulating the location of temporary, above ground pools. Residents will still be required to obtain a permit, which is a State requirement, however; if the pool is in the same place each year, the initial permit would suffice. This ordinance amendment also would limit the use of such pools from May 1 to September 30. Pools will be subject to the fence requirements of the ordinance and cannot be located under power lines. A motion by Councilmember Lasman, seconded by Councilmember Ricker to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 08/26/02 -3- A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002-10 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ENCROACHMENTS ON YARD SETBACK REQUIREMENTS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Ricker. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2002-012 SUBMITTED BY SPEEDWAY SUPERAMERICA. REQUEST FOR PLANNED UNIT DEVELOPMENT AMENDMENT TO CONSTRUCT A 3,958 SQ. FT. CONVENIENCE STORE /GAS STATION /CAR WASH AT THE SE CORNER OF 70TH AVENUE NORTH AND BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 15, 2002, MEETING. - RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002-012 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC. Mr. McCauley discussed that this Planning Commission Application would be moving forward with the proposals as planned and previously discussed with the Council, and informed that the developers were present if they had any questions. RESOLUTION NO. 2002 -111 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -012 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 08/26/02 -4- I 1 10b. PLANNING COMMISSION APPLICATION NO. 2002-013 SUBMITTED BY DOUGLAS GLENN. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE TWO PARCELS OF LAND AT 4906 AND 4912 FRANCE AVENUE NORTH INTO A SINGLE LOT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 15, 2002, MEETING. loc. PLANNING COMMISSION APPLICATION NO. 2002-014 SUBMITTED BY DOUGLAS GLENN. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 9,587 SQ. FT. ADDITION TO THE BUILDINGS AT 4906 AND 4912 FRANCE AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 15, 2002, MEETING. Mr. McCauley discussed that Planning Commission Applications 2002 -013 and 2002 -014 relate to the same property with Planning Commission Application 2002 -013 requesting to combine two parcels and Planning Commission Application 2002 -014 approving the site and building plan approval. The Planning Commission recommended approval of both applications at its August 15, 2002, meeting subject to the following: 2002 -013: 1. The final plat is subject to review and approval by the City's Consulting Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 2002 -014: 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 plans and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building 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 completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 08/26/02 -5- 5. The buildings and building addition 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. 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 the expanded parking and driving areas and any other areas that are modified or disturbed as directed by the City Engineer. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 9. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the city engineering department. 10. The final plat combining 4906 and 4912 France Avenue North into a single lot as comprehended under Planning Commission Application No. 2002 -013 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Applications 2002 -013 and 2002 -014 subject to the above listed conditions. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS ` Ila. PROCLAMATION DECLARING OCTOBER 20 THROUGH 26, 2002, AS WORLD POPULATION AWARENESS WEEK Mayor Kragness read the Proclamation Declaring October 20 Through 26, 2002, as World Population Awareness Week. A motion by Councilmember Lasman, seconded by Councilmember Ricker to adopt Proclamation Declaring October 20 Through 26, 2002, as World Population Awareness Week. Motion passed unanimously. 08/26/02 -6- 11b. RESOLUTION PROMOTING RACIAL EQUALITY WEEK SEPTEMBER 23 THROUGH 27, 2002 Mayor Kragness read the Resolution Promoting Racial Equality Week September 23 Through 27, 2002. RESOLUTION NO. 2002-112 Councilmember Ricker introduced the following resolution and moved its adoption: RESOLUTION PROMOTING RACIAL EQUALITY WEEK SEPTEMBER 23 THROUGH 27, 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. llc. HENNEPIN COUNTY ENHANCEMENT FUNDS FOR BASS LAKE ROAD/BROOKLYN BOULEVARD Mr. McCauley discussed that he had spoken with Jim Grube, Hennepin County Public Works Transportation Department, regarding a program that Hennepin County has to help fund portions of enhancements on a matching basis. Mr. McCauley questioned if the Council would like a letter of interest to Hennepin County for enhancement funding for Bass Lake Road and Brooklyn Boulevard around Brookdale. Councilmember Nelson asked about the Rotary at one time being interested in the enhancements. Mr. McCauley stated that the City is open for proposals from other organizations. A motion by Councilmember Lasman, seconded by Councilmember Nelson to direct the City Manager to send a letter of interest to Hennepin County for the enhancement funding. Motion passed unanimously. lld. RESOLUTION AUTHORIZING EXECUTION OF A CONDEMNATION AND SETTLEMENT AGREEMENT, TWIN LAKES BUSINESS PARK LLC, TWIN LAKES II, LLC, TWIN LAKES III, LLC, JOSLYN MANUFACTURING, LLC, AND THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this resolution would authorize the execution of a condemnation and settlement agreement for the purposes of obtaining roadway easements for the relocation of France Avenue and that the agreement would settle with the involved properties. 08/26/02 -7- RESOLUTION NO. 2002-113 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A CONDEMNATION AND SETTLEMENT AGREEMENT, TWIN LAKES BUSINESS PARK LLC, TWIN LAKES II, LLC, TWIN LAKES III, LLC, JOSLYN MANUFACTURING, LLC, AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. lle. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2002 -15, 2002 SEALCOAT Mr. McCauley discussed this resolution would close out the contract for sealcoat Improvement Project No. 2002 -15. RESOLUTION NO. 2002 -114 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2002 -15, 2002 SEALCOAT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. llf. AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE; AMENDING BROOKLYN CENTER CODE SECTION 23 -1703 Mr. McCauley iscussed that the Police Chief n it Attorne had p repared an ordinance relati c Ch e and C rn Y Y Y P p g to the licensure of massage. The Minnesota School of Business presented the City Council some changes that they would like to see with the proposed ordinance. Mr. McCauley suggested that the Council table this item to the September 23, 2002, meeting. A motion by Councilmember Nelson, seconded by Councilmember Ricker to table this item to the September 23, 2002, meeting. Motion passed unanimously. llg. MINNESOTA JUVENILE JUSTICE GRANT: PEACEMAKERS Mr. McCauley discussed, as indicated in the materials, the City had received a grant application request from the Brooklyn Peacemakers for Federal funding through the Minnesota Department of Economic Security, of Youth Development. This ant requires local government agencies to Y� P �' q g g apply and receive the funding. 08/26/02 -8- Pat Milton of Brooklyn Peacemakers addressed the Council to discuss the grant application process and answer any questions the Council had regarding the grant process. Councilmember Ricker asked about the services provided by Brooklyn Peacemakers. Ms. Milton outlined the typical assessment, which varied depending on the incidents occurred. Councilmember Peppe stated that he appreciates the work that Brooklyn Peacemakers has done; however, he cannot support this grant application. He believes the City should not get involved with these types of funding requests. A motion by Councilmember Nelson, seconded by Councilmember Lasman to authorize approval of the grant application. Councilmember Peppe voted against the same. Motion passed. 11. ADJOURNMENT There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adj ourn the City Council meeting at 8:20 p.m. Motion passed unanimously. wo� City Clerk Q Mayor 08/26/02 -9-