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HomeMy WebLinkAbout2001 04-09 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 APRIL 9, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from its study session into informal open forum at 6:44 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Attorney Daniel Greensweig, and Deputy City Clerk Maria Rosenbaum. Sabrina Williams, Director and Founder of Excell Academy, addressed the Council to request an ordinance amendment to allow Excell Academy to place a Charter School at the old Office Depot building. Ms. Williams discussed the concerns that have been raised regarding the site, the potential for employment, and the focus of educating low income and minorities in the City of Brooklyn Center. Kathy Campbell, 4806 Howe Lane, and Judy Thorbus, 6265 Brooklyn Boulevard, addressed the Council to request an update on the Metropolitan Council's request regarding housing in the City of Brooklyn Center. Mayor Kragness discussed that the City Council had not made any decisions and that they will continue to discuss the issue and keep residents informed. Ms. Thorbus asked about the transit hub. Mayor Kragness informed Ms. Thorubs that no action had been taken on the issue and that there will be a Smart Growth community meeting on July 11, 2001, that will include an opportunity to consider transit issues. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 04/09/01 -1- 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. i 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, Attorney Daniel Greensweig, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that the two companies that were considered to provide service for the Northwest Suburbs Cable Communications were no longer being considered and that the City of Brooklyn Center at the present time had only one cable provider. He also reported that he attended the Prevention Forum on March 27, 2001, and the CES Breakfast on March 28, 2001. Councilmember Lasman asked that Brooklyn Center residents drive cautious since students are on spring break. She also reminded residents that the ll Annual Police and Citizens Awards Ceremony would be held on April 18, 2001. Mayor Kragness stated that the Riverwood Neighborhood Association wanted to make a presentation to the City Council and allowed them to do so. Jerry Blarney, 7136 Willow Lane North, addressed the Council to support the proposed detached townhome development. Tom Zenanko, 6512 Willow Lane North, addressed the Council to present a petition from surrounding neighbors supporting their request. The petition was presented to the Deputy City Clerk. Sy Knapp, Riverwood Neighborhood Association Chair, addressed the Council to present a letter to the Council and discuss the need for the improvements to Willow Lane. Mayor Kragness thanked the Riverwood Neighborhood Association representatives and informed them that staff will review their request and report to the Council. Mayor Kragness reported that she received a phone call from Phil Cohen, a former City Mayor, to bring her attention to an article in the St. Paul paper regarding a resident in Brooklyn Center who had helped a visitor to the community. Mayor Kragness shared the article with the Council. 04/09/01 -2- 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the March 26, 2001, study and regular sessions, and the April 2, 2001, work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL C O Carlson Air Cond. Company 1203 Bryant Avenue North, Minneapolis Fore Mechanical 3520 8V Avenue NE, Blaine RENTAL Renewal: 873 -77 70 Avenue North Minnesota Lakes Realty 1519 Humboldt Place North Morning Sun Investments 5245 Drew Avenue North Scott French Initial: 5301 Bryant Avenue North Jason Quilling 7211 Girard Avenue North Tommy Vang SIGNHANGER Antco Construction Company 4175 Lovell Road, Lexington Nordquist Sign Company, Inc. 312 West Lake Street, Minneapolis Signart Company 2170 Dodd Road, Mendota Heights 6e. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995-05, CONTRACT 1997 -G, 69 AVENUE LANDSCAPE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH RESOLUTION NO. 2001-47 Councilmember Nelson introduced the following resolution and moved its adoption: 04/09/01 -3- RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1997 -G, 69 AVENUE LANDSCAPE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6d. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15126, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, TO PROVIDE FOR THE CHARGES TO PARCEL ID NO. 36-119-21-42-0020 RESOLUTION NO. 2001-48 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15126, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, TO PROVIDE FOR THE CHARGES TO PARCEL ID NO. 36- 119 -21 -42 -0020 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. PLANNING COMMISION ITEMS 7a. PLANNING COMMISSION APPLICATION NO. 2001-005 SUBMITTED BY EAGLE CREST NORTHWEST. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE DEVELOPMENT OF 21 SINGLE FAMILY DETACHED TOWNHOMES AT THE SOUTHWEST QUADRANT OF T. H. 252 AND 66 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 29, 2001 MEETING - RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001 -005 SUBMITTED BY EAGLE CREST NORTHWEST -AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (RIVERWOOD ESTATES) 04/09/01 -4- 7b. PLANNING COMMISSION APPLICATION NO. 2001-006 SUBMITTED BY EAGLE CREST NORTHWEST. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 5.25 ACRES OF LAND LOCATED AT THE SOUTHEAST QUADRANT OF T. H. 252 AND 66 AVENUE NORTH INTO 21 SINGLE FAMILY DETACHED TOWNHOME LOTS WITH NECESSARY RIGHT OF WAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 29, 2001 MEETING Planning and Zoning Specialist Ron Warren outlined Planning Commission Application Nos. 2001- 005 and 2001 -006 submitted by Eagle Crest Northwest. Planning Commission Application No. 2001 -005 requested for rezoning and site and building plan approval through the Planned Unit Development (PUD) process for the development of 21 single - family detached townhomes at the southwest quadrant of T.H. 252 and 66` Avenue North. Planning Commission Application No. 2001 -006 requested for preliminary plat approval to subdivide 5.25 acres of land located at the southwest quadrant of T.H. 252 and 66"' Avenue North into 21 single - family detached townhome lots with necessary right of way. Mr. Warren indicated to the Council that there was a resolution included in the materials for consideration that would approve Planning Commission Application No. 2001 -005. If the Council were to approve the resolution, an ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land (Riverwood Estates) would need to be considered also. Mr. Warren stated that the Planning Commission recommended approval of Planning Commission No. 2001 -005 by resolution in light of the following considerations: 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 front yard building setback of 25 ft. rather than 35 ft.; a side corner setback of 20 ft. rather than 25 ft.; and a street right of way width of 50 ft. rather than 60 ft. which are justified on the basis of this development being an appropriate development and transition between adjacent properties. 4. This Planned Unit Development Proposal is considered consistent with the recommendations of the . City's Comprehensive Plan for this area of the city. Y P Y 04/09/01 -5- I 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. Also included for consideration of approval for Application No. 2001 -005 is the following conditions and considerations: 1. The building plans are subject to review and approval b the Building Official with g p J Pp Y g 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 subject 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 approved site improvements. 4. B -618 curb and gutter shall be provided along streets in a manner approved by the City Engineer. 5. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 6. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 7. The applicant shall obtain and NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 8. The applicant shall enter into a development 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 R -3 underlying zoning district as well as all conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 9. The storm drainage plan shall be revised in accordance with the recommendations of the City Engineer prior to the issuance of building permits. 10. All driveways in the development shall be either blacktop or concrete. 04/09/01 -6- � I 11. The applicant shall be responsible for installing street lighting within the development in accordance with City standards. RESOLUTION NO. 2001-49 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001 -005 SUBMITTED BY EAGLE CREST NORTHWEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve first reading of an ordinance to amend Chapter 35 of the City Ordinances regarding the zoning classification of certain land (Riverwood Estates), and set second reading and public hearing for May 14, 2001. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2001 -006 subject the following conditions: 1. Final plat is subject to the review and approval of the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, which will include a subdivision agreement and supporting financial guarantee to assure the completion of public improvements, contemplated within this plat. 3. Approval of the Preliminary Plat is contingent upon approval of Planning Commission Application No. 2001 -005. 4. Building permits for the proposed single - family detached townhomes shall not be issued until final plat is approved and filed with Hennepin County. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID FISHER Councilmember Lasman read the resolution expressing recognition of and appreciation for the dedicated public service of David Fisher. 04/09/01 -7- I i i RESOLUTION NO. 2001-50 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID FISHER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS PARADE AND SUNDAY IN THE PARK ACTIVITIES Councilmember Peppe read the resolution expressing appreciation for the donation of $5,000 to be used to support the Annual Earle Brown Days parade, and $2,000 to be used to support the Annual Sunday in Central Park activities. RESOLUTION NO. 2001-51 i Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS PARADE AND SUNDAY IN THE PARK ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. PROCLAMATION DECLARING APRIL 8 THROUGH 14, 2001, NATIONAL PUBLIC SAFETY TELECOMMUNIATIONS WEEK Councilmember Nelson read the proclamation declaring April 8 through 14, 2001, National Public Safety Telecommunications Week. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt proclamation declaring April 8 through 14, 2001, National Public Safety Telecommunications Week. Motion passed unanimously. 04/09/01 -8- 8d. PROCLAMATION DECLARING APRIL 15 THROUGH 22, 2001, AS DAYS OF REMEMBRANCE Mayor Kragness read the proclamation declaring April 15 through 22, 2001, as Days of Remembrance. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt proclamation declaring April 15 through 22, 2001, as Days of Remembrance. Motion passed unanimously. 8e. PROCLAMATION DECLARING MAY 5, 2001, TO BE A DAY OF SPIRITUAL REDEDICAITON AND PRAYER IN BROOKLYN CENTER Councilmember Nelson read the proclamation declaring May 5, 2001, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt proclamation declaring May 5, 2001, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center. Motion passed unanimously. 8f. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVMENTS Mr. McCauley discussed that bids were received and opened on April 4, 2001, and of the seven bids received, Arcon Construction, Inc. submitted the lowest bid of $2,996,354.16. Arcon Construction Inc. has proven experience in performing all of the requirements included in this contract and has the resources necessary to complete the project. RESOLUTION NO. 2001-52 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, CONTRACT 2001 -A, GARDEN CITYNORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 04/09/01 -9- 8g. STAFF REPORT RE: FORESTRY ACTIVITIES - RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA - PROCLAMATION DECLARING APRIL 28, 2001, ARBOR DAY AND M AY 2001 ARBOR MONTH IN BROOKLYN CENTER - RESOLUTION AMENDING THE SCHEDULE OF DISEASED TREE PROGRAM FEES Mayor Kragness discussed she attended an awards ceremony and received the award recognizing Brooklyn Center as a Tree City USA. This is the ninth year that Brooklyn Center has strived for and achieved designation of a Tree City USA by the National Arbor Day Foundation. RESOLUTION NO. 2001-53 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt proclamation declaring April 27, 2001, Arbor Day and May 2001 Arbor Month in Brooklyn Center. Motion passed unanimously. RESOLUTION NO. 2001-54 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF DISEASED TREE PROGRAM FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8h. REVISIONS TO ANIMAL REGULATIONS -AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES ELIMINATING DOG LICENSES - RESOLUTION REGARDING ENFORCEMENT OF DOG LICENSING DURING INTERIM PERIOD -AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING LIMITATIONS ON KEEPING OF ANIMALS 04/09/01 -10- Mr. McCauley Y previously discussed that the City Council reviousl discussed revisions to animal regulations. The City Attorney reviewed the proposed ordinance amendments requested by the City Council and the following ordinance amendments are before the Council for consideration. At this time the private kennel license issue is not being considered. There are several issues that need to be addressed and the City Council wants to have an opportunity to take public input regarding animal regulations. Mr. McCauley reviewed the resolution that would set a moratorium on dog licenses. This resolution would direct staff not to accept applications for dog licenses and not to enforce the requirement of City Code that dogs be licensed until either one; the City Council rescinds this directive, or two; an ordinance repealing the requirement that dogs be licensed becomes effective. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first readings for Chapter 1 eliminating dog licenses and Chapter 19 regarding limitations on keeping of animals and set second readings and public hearings for May 14, 2001. Motion passed unanimously. RESOLUTION NO. 2001 -55 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RELATING TO DOG LICENSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:00 p.m. Motion passed unanimously. City Clerk 0 V Mayor Y Zt 04/09/01 -11-