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HomeMy WebLinkAbout2001 06-11 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 11, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Ed Nelson, Bob Peppe, and Tim Ricker. Councilmember Lasman was absent and excused. Also present: City Manager Michael J. McCauley, Community Development Director Brad Hoffman, Director of Fiscal and Support Services Doug Sell, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Paul Oman, 5239 East Twin Lake Boulevard, was present to discuss with the Council agenda item 8a, Planning Commission Application No. 2001 -012 Submitted by Opus Northwest, LLC. Mayor Kragness informed Mr. Oman that he would have to address the Council at the regular City Council meeting since the item that he wished to discuss was on the agenda. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Nelson to adj ourn 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. 06/11/01 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Ed Nelson, Bob Peppe, and Tim Ricker. Councilmember Lasman was absent and excused. Also present: City Manager Michael J. McCauley, Community Development Director Brad Hoffman, Director of Fiscal and Support Services Doug Sell, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Ricker reported that there would be a Smart Growth Regional meeting at Constitution Hall on June 14, 2001, at 6:00 p.m. Councilmember Nelson reported that he attended the AMM 2001 Annual meeting on May 31, 2001, the Earle Brown Days Board of Directors Meeting on June 5, 2001, the Earle Brown Terrace Tenants Association meeting on June 8, 2001, and that the Park and Recreation Commission will be holding a community meeting on June 13, 2001, at Twin Lake Park. Councilmember Nelson reminded the Council that the Earle Brown Days Events will take place June 21 through June 23, 2001, that the community focus groups with the Metropolitan Council will be on July 11, 2001, at the Earle Brown Heritage Center, and that there will be a Highway 100 meeting on Segment Four at the West Fire Station on July 12, 2001. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve the minutes from the May 21, 2001, worksession, and the May 29, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICE OPERATOR Brooklyn Center Community Center 6301 Shingle Creek Parkway 06/11/01 -2- MECHANICAL Advantage Air 325 130` Street West, Shakopee Harris Companies 909 Montreral Circle, St. Paul Minnesota Heating and Air 10701 93` Avenue North, Maple Grove Sharp Heating and A/C 4854 Central Avenue NE, Columbia Heights RENTAL Renewal: 132963 d Lane North Ann Rockler Jackson 5107 Drew Ave North Douglas Williams 4210 Lakebreeze Avenue North James and Bobbie Simons 4216 Lakebreeze Avenue North Thomas Lee SIGN HANGER Schad Tracy Signs 325 Minnesota Ave, Oronoco TOBACCO RELATED PRODUCTS E.B.T. General Store 6120 Earle Brown Drive 6c. RESOLUTION AUTHORIZING USE OF CREDIT CARDS RESOLUTION NO. 2001 -79 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING USE OF CREDIT CARDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN E & H PROPERTIES FIRST ADDITION, FARR'S FIRST ADDITION, RIVERWOOD ESTATES ON WILLOW LANE - MOTION TO APPROVE FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR JULY 9, 2001 A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve first reading of ordinance and set second reading and public hearing for July 9, 2001. Motion passed unanimously. 06/11/01 -3- 6e. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO XM SATELLITE RADIO INC. FOR THE PURPOSE OF INSTALLING DIGITAL FM RADIO ANTENNAS RESOLUTION NO. 2001-80 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO XM SATELLITE RADIO INC. FOR THE PURPOSE OF INSTALLING DIGITAL FM RADIO ANTENNAS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001 -81 Councilmember Peppe introduced the following resolution and moved its adoption: 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 Nelson. Motion passed unanimously. 7. RECOGNITION OF SAFETY PATROLS AT WILLOW LANE ELEMENTARY SCHOOL - RESOLUTION COMMENDING SAFETY PATROLS AT WILLOW LANE ELEMENTARY SCHOOL Mayor Kragness read the resolution commending the safety patrols at Willow Lane Elementary School. RESOLUTION NO. 2001-82 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION COMMENDING SAFETY PATROLS AT WILLOW LANE ELEMENTARY SCHOOL 06/11/01 4- 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. 2001-012 SUBMITTED BY OPUS NORTHWEST, LLC. REQUEST FOR SITE AND BUILDING APPROVAL FOR A 109,000 SQ. FT. INDUSTRIAL BUILDING AT THE NORTHWEST QUADRANT OF LAKEBREEZE AND FRANCE AVENUES NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 31, 2001, MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 012 submitted by Opus Northwest, LLC requesting for site and building approval for a 109,000 square foot industrial building at the northwest quadrant of Lakebreeze and France Avenues North. The Planning Commission recommended approval of this application at its May 31, 2001, meeting 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, and utility 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 permits to assure completion of site improvements. 4. Any outside trash disposal facilities and rooftop and on ground mechanical equipment shall be appropriately screened from view. 5. 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. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 06/11/01 -5- I 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is provided for handicap accessibility. Curb and gutter shall be indicated on the plan as tying into existing curb and gutter to the west, along the north curb line. 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. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. Storm water drainage systems and the detention pond shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The plan shall be modified to relocate the easterly access in accordance with the recommendation of the City of Engineer. 15. The applicant shall enter into a proof of parking agreement with the City acknowledging the need for 104 additional parking spaces on the site and that they will install said parking upon a determination by the City that any or all parking spaces are required. Said proof of parking agreement shall be filed with the title to the property prior to the issuance of building permits. Councilmember Nelson requested for public input. Mac Hyde, Partner of Real Estate Recycling, addressed the Council. Councilmember Peppe asked Mr. Hyde when the beginning of Phase Three would begin and if any leases had been signed. Mr. Hyde responded that the project would begin in mid August and that they have not signed a lease yet with any tenants. There is very strong interest but until the development plans are approved there will be no leases signed. The project will be finished in the spring of 2002. Councilmember Nelson stated that he believes that Mr. Hyde had indicated to the Council that Phase Three would be done in December 2002 and questioned why this project is being rushed since not all the answers have been found for the Highway 100 project. 06/11/01 -6- Mr. Hyde responded that they are on schedule beginning Phase Two in mid 2000 and starting construction again in the spring once the footings and foundation had been laid and finishing the end of July. Mr. Hyde informed the Council that they are following the same pattern with Phase Three and that once the leasing is complete will start the construction in 2001 having the building ready to go in 2002. Mr. Hyde discussed the uncertainty of the market with the Highway 100 project and that he believes that with the markets and the development changing with a site like this, there is a competitive advantage. Councilmember Nelson questioned if the MPCA approval had been received for this project. Mr. Hyde informed the Council that yes the MPCA approval had already been received. The MPCA had approved the project, de- listed the site that made it possible for them to finance the project and that there was a condition in the approval that the project would have to be completed as planned. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to discuss his concern with the approval of this project and to ask the Council to consider the actual cost and tabling this issue for consideration of other alternatives. Councilmember Peppe discussed that the Council discussed this issue at the study session and that his biggest concern is with the MPCA approval and what will happen if the proposed route is not approved. Councilmember Peppe indicated that he is comfortable with the project proposed; however, does not want to have truck traffic diverted through the residential neighborhood. The Council discussed alternatives to the route if the MPCA did not approve the plan and the potential cost to the City. Councilmember Nelson made a motion to table this item to the July 9, 2001, meeting for staff to gather more information for a better understanding of the alternatives. City Manager Michael McCauley suggested that the Council consider tabling this item to the June 25, 2001, meeting. Councilmember Nelson amended his motion to table this item to the June 25, 2001, meeting, seconded by Councilmember Ricker. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2001-013 SUBMITTED BY AMERICAN LEGION POST 630. REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT TO MAKE MODIFICATIONS TO, AND OCCUPY, THE FORMER BURGER KING BUILDING AT 6110 BROOKLYN BOULEVARD. 06/11/01 -7- THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 31, 2001, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2001 -013 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. 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 the completion of site improvements. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 5. The masonry screen wall on the east property line and the gap in the fence on the adjoining property shall be repaired as part of the site improvements for this proposal. 6. A special use permit is granted for the American Legion to operate a Legion Club at 6110 Brooklyn Boulevard as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance nor by these approved plans, shall require an amendment to this special use permit. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be ground for revocation. A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve Planning Commission Application No. 1002 -013 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDCIATED PUBLIC SERVICE OF ROBERT NEUENFELDT I Councilmember Peppe read the resolution expressing recognition of and appreciation for the dedicated public service of Robert Neuenfeldt. 06/11/01 -8- RESOLUTION NO. 2001-83 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDCIATED PUBLIC SERVICE OF ROBERT NEUENFELDT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. PROCLAMATION DECLARING JUNE 21, 2001, TO BE ERNEE MCARTHUR DAY Mayor Kragness read the proclamation declaring June 21, 2001, to be Ernee McArthur Day. Councilmember Peppe discussed that Ernee McArthur has done a lot for the City and that this proclamation is well deserved. A motion by Councilmember Nelson, seconded by Councilmember Peppe to adopt proclamation declaring June 21, 2001, to be Ernee McArthur Day. Motion passed unanimously. 9c. RESOLUTION FOR SECURITY TRANSACTIONS WITH TREASURY DIRECT Mr. McCauley discussed that this resolution would authorize the City Manager, Director of Fiscal and Support Services, and the Assistant Finance Director as individuals to have authority to make investment purchases or sale of treasury securities on behalf of the City. RESOLUTION NO. 2001-84 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION FOR SECURITY TRANSACTIONS WITH TREASURY DIRECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9d. RESOLUTION AUTHORIZING CHANGE IN DENTAL INSURANCE PROVIDER TO DELTA DENTAL PLAN OF MINNESOTA Mr. McCauley discussed that the current dental provider increased the premiums by 40 percent, based on the City's claims and use of the insurance. Staff had been working with a group on different proposals from dental insurance carriers. Delta Dental was the company that would offer the City lower premiums for dental insurance. 06/11/01 -9- This resolution would authorize Delta Dental to provide insurance to the City's employees. RESOLUTION NO. 2001 -85 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CHANGE IN DENTAL INSURANCE PROVIDER TO DELTA DENTAL PLAN OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9e. RENTAL LICENSE FFEES Mr. McCauley discussed that the Council previously reviewed the rental license fees and had requested more information on the cost breakdown for regulating rental units, how much the increase was in 1997, and what other municipalities have done in the past with fee increases and how often. The cities of Bloomington, Brooklyn Center, and Crystal were surveyed and the summary was included with the materials. It was the consensuses of the Council to have this item placed on a study session agenda to further discuss the increase of rental license fees. 9f. STAFF REPORT RE: WATERSHED SECOND GENERATION PLAN Public Works Director Diane Spector reported on the proposed watershed second generation plan which would guide the next ten years of water resources efforts and gave a brief history of the City's involvement as a member of the joint powers Shingle Creek and West Mississippi Watershed Management Commissions, which are state - mandated watershed organizations. The proposed watershed second generation plan would be a substantial investment of time and resources and is estimated to cost $200,000 between the two watershed commissions. The planning process will take about one and a half years and require significant staff, Council, Advisory Commission, agency, and community participation. A Steering Committee has been appointed to oversee the process. Ms. Spector indicated that she has been elected to Chair for the Steering Committee and discussed that a public forum would be held in July to provide information on the Commission's activities and to identify problems and issues that should be addressed in this next ten year plan. Mr. McCauley discussed the issue prioritization and asked if the Council is comfortable with the development of priorities for the watershed and the local Brooklyn Center priorities. It was the consensus of the Council that the priorities were appropriate. 06/11/01 -10- 9g. CODE COMPLIANCE REPORT Mr. McCauley reported that code compliance is in full swing and that the southeast portion of the City had been completed. There were 449 violations with unlicensed or inoperable vehicles having the highest number of violations and accumulation of rubbish, brush, debris, junk, furniture, and appliances having the second and third highest violations. Mr. McCauley discussed that 304 code compliance letters had been sent and that there were a total of six second code compliance letters sent, with two citations or formal complaints issued. Mayor Kragness asked how much time the letter indicated when the person receives a code compliance letter. Mr. McCauley responded that the people are generally given two weeks; however, there are special circumstances for allowing more than two weeks to come in compliance for major repairs or projects. 9h. REPORT ON ALCOHOL COMPLAINCE CHECKS Mr. McCauley reported that the Police Department had conducted alcohol compliance checks during the month of May to assure that establishments licensed to sell alcoholic beverages were not making sales to minors. Two businesses failed to ask for identification from underage adults and served them alcohol. Criminal prosecution is pending and staff is reviewing the procedure before asking the Council for direction since it has been some period of time since the City has had to prosecute. 9i. AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF LOTS 8 AND 9 BLOCK 1 LANES BROOKLYN CENTER ADDITION, ACCORIDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA BY THE CITY OF BROOKLYN CENTER TO THE EDA Mr. McCauley discussed that this ordinance would allow a portion of Lots 8 and 9, Block 1, Lane's Brooklyn Center Addition, that are currently part of the greenscape /right -of -way along 69`' Avenue to be conveyed to the Economic Development Authority. The EDA will in i R nSam LLC. The turn convey his property as art of the development site to 0 Y p p Y p p City Charter requires an ordinance for the sale of real property by the City and this ordinance would provide conveyance to the EDA. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing for July 9, 2001. Motion passed unanimously. 06/11/01 -11- 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:21 p.m. Motion passed unanimously. City Clerk Mayor 06/11/01 -12-