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HomeMy WebLinkAbout2001 06-25 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 25, 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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Director of Fiscal and Support Services Doug Sell, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to share that she believes the information she has been provided is contradicting from what staff is saying in regards to the Highway 100 project and to express her concern regarding the development of Phase Three for the Joslyn development. Bob Hill, 4701 East Twin Lake Boulevard, addressed the Council to discuss his belief that the businesses involved in the area of the Highway 100 project in the Joslyn development would not be taken if an alternate route were used for the France Avenue relocation. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Nelson, seconded by Councilmember Lasman 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 7:02 p.m. 06/25/01 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, 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 he attended the Park and Recreation Commission meeting on June 13, 2001, and discussed the meeting they had with the Twin Lake residents. Councilmember Lasman reported that on June 13, 2001, she attended the Park and Recreation Commission meeting and a Smart Growth meeting, on June 14, 2001, a regional Smart Growth follow up meeting, and on June 19 through June 22, 2001, the League of Minnesota Cities Conference in Duluth. Councilmember Peppe reported that on June 15, 2001, he attended a neighborhood watch group meeting. Councilmember Nelson reported that he attended the Earle Brown Days Board of Directors meetings on June 12 and June 19, 2001, the Smart Growth meeting on June 13, 2001, the regional Smart Growth follow up meeting on June 14, 2001, and the League of Minnesota Cities Conference in Duluth on June 19 through June 21, 2001. Mayor Kragness reported that she volunteered at the street dance for the teens as part of the Earle Brown Days events and reminded the Council that the Focus Group for Brooklyn Center would be on July 11, 2001, at the Earle Brown Heritage Center. Councilmember Nelson reminded the Council that there would be a Highway 100 meeting on July 12, 2001, at the West Fire Station. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the June 11, 2001, study and regular sessions. Motion passed unanimously. 06/25/01 -2- 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES AMF Earle Brown Bowl Lanes 6440 James Circle North Denny's Restaurant 6405 James Circle North MCTO 6845 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North GARBAGE HAULERS Aatlas Waste Services LLC 4640 B Lyndale Avenue North, Minneapolis Aspen Waste Systems, Inc. 2523 Wabash Avenue, St. Paul Mengelkoch Company 119 NW 14"' Street, New Brighton Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHANICAL Air and Furnace Care 4101 93r Avenue North, Brooklyn Park Carrier Commercial Services 7550 Washington Avenue S, Eden Prairie Kraemer Heating, Inc. 7441 Dallas Court, Maple Grove RENTAL Renewal: 1107 57 Avenue North Bobby and Sally Robson 5448 Humboldt Avenue North Francis and Lorri Kaas 120157 1h Avenue North Edward Doll SIGN HANGER Attracta Sign 7420 West Lake Street, St. Louis Park 6c. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001 -14, CONTRACT 2001 -E, CONSTRUCTION OF STORAGE BUILDING AT CENTERBROOK GOLF COURSE RESOLUTION NO. 2001 -86 Councilmember Lasman introduced the following resolution and moved its adoption: 06/25/01 -3- RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001-14, CONTRACT 2001 -E, CONSTRUCTION OF STORAGE BUILDING AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000 -16 AND 2000 -17, CONTRACT 2000 -G, PALMER LAKE PONDS AND PALMER LAKE TRAILS RESOLUTION NO. 2001-87 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000- 16 AND 2000 -17, CONTRACT 2000 -G, PALMER LAKE PONDS AND PALMER LAKE TRAILS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-88 Councilmember Lasman 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. PRESENTATIONS 7a. MAYOR KRAGNESS: DAN VANG PRESENTATION ON NORTHBROOK SHOPPING CENTER AND 4 TH OF JULY CARNIVAL Mayor Kragness informed the Council that Dan Vang, new owner of Northbrook Shopping Center, was not able to be present and discussed that Mr. Vang wanted to discuss the carnival that will be at the Northbrook Shopping Center on July 3 and 4, 2001. 06/25/01 -4- 7b. DELOITTE & TOUCHE LLP PRESENTATION ON ANNUAL FINANCIAL REPORT - RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2000, AMENDING THE 2000 GENERAL FUND BUDGET, AND RATIFYING INTERFUND LOANS Cliff Hoffman, Auditor from Deloitte & Touche LLP, presented a brief summary of what the Council had reviewed at a worksession on June 18, 2001, before the Council was asked to consider acceptance of the Comprehensive Annual Financial Report of the City of Brooklyn Center for the calendar year ended December 31, 2000. Mr. Hoffman informed the Council that the concern regarding the House Bill is looking more positive than it was last week; however, the Legislature is not done yet. RESOLUTION NO. 2001-89 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2000, AMENDING THE 2000 GENERAL FUND BUDGET, AND RATIFYING INTERFUND LOANS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) City Manager Michael McCauley requested that the public hearing be opened and continued to the July 9, 2001, meeting since the plat had not yet been filed. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe, seconded by Councilmember Lasman to continue the Public Hearing to July 9, 2001. Motion passed unanimously. 06/25/01 -5- 8b. AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this ordinance amending Chapter 23 would add definitions for "bona fide health club ", "qualified ", and "recognized school" which would allow a person to administer massage in public places and includes exemptions from licensure for barber shops, hair or beauty salons, or for bona fide health clubs and would require a minimum of 500 hours of training in massage from a recognized school. A motion by Councilmember Nelson, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001 -11 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY DAVID KRAMLINGER, 5415 DUPONT AVENUE NORTH Mr. McCauley discussed that the Council adopted an ordinance amending Chapter 1 regarding private kennel licenses at its May 29, 2001, meeting which would entirely eliminate private kennel licenses. The effective date of the ordinance is July 6, 2001. Two private kennel license applications had been received, reviewed by the City Manager, and denied under the current ordinance. David Kramlinger, 5415 Dupont Avenue North requested a public hearing. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. 06/25/01 -6- A motion by Councilmember Lasman, seconded by Councilmember Nelson to support the City Manager's decision to deny a private kennel license for three dogs at 5415 Dupont Avenue North. Motion passed unanimously. 8d. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY PETER TALLMAN, 6930 NEWTON AVENUE NORTH Mr. McCauley discussed that this is the second private kennel license application requesting to keep three dogs that was submitted and is considered under the current ordinance. A motion by Councilmember Nelson, seconded by Councilmember Ricker to open the Public Hearing. Motion passed unanimously. Peter Tallman, 6930 Newton Avenue North, addressed the Council requesting approval of a private kennel license to keep three dogs. Mr. Tallman informed the Council that they have had three dogs for a year and three months and are not aware of any police complaints. They take every precaution to keep the dogs in and do have the invisible fencing for the dogs when they are left outside. Two of the three dogs stay outside during the day while they are at work and the third is in the house since that dog does need supervision. Council discussed responses that had been received regarding excessive dog barking, feces in the yard, and dog running at large and informed Mr. Tallman that there were neighbors that had requested that the private kennel license be denied. Mr. Tallman discussed an incident that had happened a while ago and informed the Council that a City Inspector had been out to inspect his property and that his property was approved to be fine. Paula Knight, 6931 Morgan Avenue North, addressed the Council regarding the three dogs at 6930 Newton Avenue North and to express that she had no concerns with the three dogs. Councilmember Lasman discussed that the Council opted to have a two dog minimum and after having letters of concern from residents in the neighborhood would have to support the City Manager's decision to deny the private kennel license. A motion was made by Councilmember Lasman to support the City Manager's decision to deny the private kennel license for 6930 Newton Avenue North. Mr. Tallman addressed the Council again to express that they would take other precautions such as the barking collar to help the barking and requested that the Council consider another option other than the two dog limit such as a poundage limit. Tom Knight, 6931 Morgan Avenue North, addressed the Council to discuss that he has two dogs and when his two dogs are out with Mr. Tallman's dogs, the dogs run along the fence line and bark all day. 06/25/01 -7- Mr. Knight indicated that he believes this is playtime for the dogs, just like kids playing outside and making noise. Mr. Knight expressed that he believes the three dogs should be allowed at 6930 Newton Avenue North and questioned if the Council had ever approved a private kennel license. Mayor Kragness informed Mr. Knight that the Council had approved some in the past and that at this time with the concerns of the neighbors and the decision of the Council to limit the two dogs would have to support the denial of the private kennel license. A motion by Councilmember Nelson, seconded by Councilmember Ricker to support the City Manager's decision to deny the private kennel license for three dogs at 6930 Newton Avenue North. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2001 -014 SUBMITTED BYARCHITECTURAL ALLIANCE. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 2,505 SQUARE FOOT COVERED WALKWAY FOR MEDTRONIC AT THEIR SHINGLE CREEK PARKWAY COMPLEX. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 31, 2001, MEETING. Mr. McCauley discussed that the Planning Commission reviewed Planning Commission Application No. 2001 -014 submitted by Architectural Alliance requesting for site and building plan approval to construct a 2,505 square foot covered walkway for Medtronic at their Shingle Creek Parkway complex and recommended approval 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 and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The structure is not required to have a fire sprinkler system at this time. Fire extinguishers shall be provided in a number and location approved by the Fire Chief. 4. The applicant shall provide appropriate protection for doorway openings adjacent to drive lanes as well as appropriate cautionary signs. 5. The building permit for this structure shall not be issued until the final plat comprehended under Planning Commission Application No. 2001 -002 has been filed with Hennepin County. 25/ 1 - 06/ - 0 8 A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -014 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT Mayor Kragness discussed that the Lions had donated $300 which was to be used to support the Earle Brown Days Junior Golf Tournament and that this resolution would accept the donation. Councilmember Nelson commended the Lions for all the support they provide to the City. RESOLUTION NO. 2001-90 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10b. RESOLUTION EXPRESSING APPRECIATION FOR THE VOLUNTEER EFFORTS OF TARGET EMPLOYEES AT THE EUGENE HAGEL ARBORETUM Mayor Kragness discussed that this resolution expresses appreciation for the volunteer efforts of Brooklyn Center Target employees who volunteered in planting and transplanting bulbs, seeds, and plants, as well as wedding flower gardens and wood chipping garden paths at the Eugene Hagel Arboretum. RESOLUTION NO. 2001 -91 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE VOLUNTEER EFFORTS OF TARGET EMPLOYEES AT THE EUGENE HAGEL ARBORETUM 06/25/01 -9- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. UPDATE ON STATUS OF HIGHWAY 100 Mr. McCauley updated the Council that the City of Robbinsdale had approved a frontage road plan and that the issue this evening is concurrence in principle to detach property from Brooklyn Center and attach to Robbinsdale where the ramp /bridge structure would be located. The schedule for the main project would be constructed in 2003. The France Avenue /Azelia construction would be in 2002. On the Azelia extension, SEH has completed the wetland delineation and is finishing preliminary design and construction limits and it is anticipated that the completion of this will be in a few weeks. The plans will then go to the PCA and DNR for approvals. There is no reason to believe that there should any reason that approvals would not be obtained. Council discussed the land swap options and it was the consensus of the Council to move forward with the land swap for the frontage road. Mr. McCauley discussed the petition that was received by residents regarding the request for an Environmental Assessment Worksheet. The Environmental Quality Board will review the request and refer to the responsible agency, which is anticipated to be the City or Mn/DOT, and then the responsible agency will review the petition. Mr. McCauley informed Council that the implications of the draft PCA report on dioxins in the west area of Joslyn. As indicated in the PCA e-mail that was received, the dioxins do not affect the delisted site where the Real Estate Recycling has its project. The dioxins in the area are around 900 feet from the proposed extension of Azelia with Wickes situated between the road and the west area. Mr. McCauley discussed that the City would not undertake environmental liability if Azelia is extended and that at this stage in the development would wait for the Environmental Quality Board to review the petition received and the approvals to come back from the PCA and DNR. Mayor Kragness asked what timeline the Council could expect. Mr. McCauley informed the Council that the approval from the PCA would be received early to late fall. 10d. RESOLUTION AUTHORIZING ACCEPTANCE OF PAYMENT IN SATISFACTION OF THE TERMINATION AGREEMENT DATED THE 28 DAY OF NOVEMBER 2000 BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY (HRA) OF THE CITY OF BROOKLYN CENTER, THE CITY OF BROOKLYN CENTER, AND BROOKDALE ASSOCIATES LIMITED PARTNERSHIP (SUCCESSOR AND INTEREST TO BROOKDALE THREE LIMITED PARTNERSHIP) 06/25/01 -10- Mr. McCauley discussed that this resolution would authorize the City Manager to accept the payment of $176,000 in full and complete discharge of the obligations of Brookdale Associates Limited Partnership under the termination agreement of November 28, 2000, for any and all deficiencies owed under the agreements identified in the termination agreement of November 28, 2000. RESOLUTION NO. 2001-92 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACCEPTANCE OF PAYMENT IN SATISFACTION OF THE TERMINATION AGREEMENT DATED THE 28 DAY OF NOVEMBER 2000 BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY (HRA) OF THE CITY OF BROOKLYN CENTER, THE CITY OF BROOKLYN CENTER, AND BROOKDALE ASSOCIATES LIMITED PARTNERSHIP (SUCCESSOR AND INTEREST TO BROOKDALE THREE LIMITED PARTNERSHIP) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10e. 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. -THIS ITEM WAS TABLED FROM THE JUNE 11, 2001, MEETING. Mr. McCauley discussed that the Council at its June 11, 2001, meeting tabled this item and that the Council is being asked this evening to consider approval of this application. The Planning Commission reviewed the application and recommended approval subject to 15 conditions. Real Estate Recycling has complied with all of the rules and regulations that are applicable to a site plan. Councilmember Lasman made a motion to move the application. Mayor Kragness indicated that there was a request for public comments and opened the meeting for public input. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to discuss reasons why he believes this would not be in the best interest for the residents and they are the following: serious pollutes, blind railroad crossing, safety regarding alternative and emergency accesses, wetland issues, convenience matter, trees along 5& Avenue, salt running into the wetland, and the wasteful use of fuel. 06/25/01 -11- Mayor Kra ness reminded Mr. Oman that this application is to approve a building, a roadway. Y g PP pp g� . Y Mr. Oman was aware of this and indicated that he believes they are related to the Highway 100 proj ect. Mr. Oman indicated that in all of the reasons above there was no money issues discussed and requested that the Council get access as to how the cost was arrived for the option chosen previously by the Council because he believes that not everything was considered for the option that should have been considered. Bob Hill, 4701East Twin Lake Boulevard, addressed the Council to discuss the option that was chosen for the Highway 100 project and questioned the outcome with the City of Robbinsdale's portion of the project. Mr. Hill discussed his concern with the current plan for Phase Three of the Joslyn development regarding the new report issued by the PCA and his discussions at the Planning Commission meeting regarding the 100 -year flood plain issues. He believes that this is a serious concern and the Council needs to look into further before approving Phase Three. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to discuss that she has gone through the Council minutes over the past year and it was indicated that Phase Three approval would not take place before the roadway was finalized. She indicated that the Council might want to consider this before approving Phase Three so that the Council is not held responsible and face a lawsuit and a lot of unnecessary expense. She believes that the taxpayers of Brooklyn Center cannot take that expense. Ms. Niesen discussed a letter and provided a copy to the Council from the Minnesota Department of Health regarding the recommendation to refrain people from entering the west area of the development. Ms. Niesen wanted to state for the record that she is for this development and is looking forward for the tax dollars that will come with the development. She is trying to work as a team with the City and asked the Council to consider tabling this application. Mayor Kragness asked the City Attorney to discuss the rights and what the legal requirements are for approval of this application. City Attorney Charlie LeFevere informed the Council that they have limited, if any, discretion and reason for denying the application since the rules and regulations have been complied with. When the Council acts in its capacity as a regulator reviewing zoning issues, the Council in effect is going through a checklist to see whether or not the rules that the Council had adopted have been complied with. The Planning Commission went through the process of reviewing the application and is provided to the Council with a recommendation to approve or disapprove the application. 06/25/01 -12- The only issue before the Council this evening is whether or not the rules have been complied with and the recommendation and deliberations of the Planning Commission would indicate that in fact all of those rules and regulations have been complied with. Councilmember Nelson requested Mac Hyde, Real Estate Recycling, to address the Council and questioned his past as a City Attorney in the City of Brooklyn Center and asked Mr. Hyde if he had any compassion for the concerned residents of the City. Councilmember Nelson indicated that he is aware of the concerns for tax purposes, financing, and market issues regarding the project but questions why he would like to proceed with the development when there is such a concern with the residents of Brooklyn Center and if Mr. Hyde would be willing to waive the 60 -day rule. Mr. Hyde indicated that he was the City Attorney for Brooklyn Center in 1963, 1964, and 1965 and learned a lot during those years dealing with a lot of environmental issues. Mr. Hyde continued the discussion of his past and informed the Council that he lead the first redevelopment under the new Land Recycling Law that was adopted and shared the outcome of what he learned from that law. Mr. Hyde stated that in his experience of almost 30 some years he is more intimately involved with these laws than most people in the Country. Mr. Hyde is absolutely convinced that what they are doing with the development is as protective as any proj ect could be managed in this Country. He has an enormous amount of confidence that the rules that have been applied, the restrictive covenant that has been required to be filed and is filed continuing the PCA jurisdiction on management of this property in perpetuity, and the requirement that Joslyn continue to be obligated under the consent order that was issued in May of 1985. Councilmember Nelson agreed that Mr. Hyde has done well in the development of the property and that it is very important that the City have that property redeveloped. Councilmember Nelson questioned who made the decision to route the State Aid road through the development. Mr. Hyde responded that their only view of the roadway access was since they were developing the entire parcel that the roadway be designed in a fashion that would make the greatest use of the parcel. Mr. Hyde wanted to inform the Council that the stormwater runoff plan had been submitted to the watershed district for approval and they have approved it. This all occurred after the Planning Commission action unanimously recommending approval of the site plan. Councilmember Nelson again asked Mr. Hyde if he would consider waiving the 60 -day rule. Mr. Hyde responded that they would not. There is nothing that he is aware in any regulatory scheme that could be done to be more protective than what has been done. Councilmember Ricker questioned the liability of the environmental effect of putting the road through the development, the possibility of tenants developing cancer, and if the City would be liable if they approved such a plan. Mr. LeFevere discussed that the City would rarely be liable for approving such an application as this. 06/25/01 -13- Councilmember Peppe discussed that he realizes that this will probably come back before the Council and wanted to make sure that Mn/DOT would be responsible for providing an alternative roadway if the proposed roadway is not viable. Mr. McCauley discussed if the current roadway plan is not viable then the City would be back to the drawing board with Mn/DOT. Councilmember Peppe stated that it would be best to continue to look at these alternatives and to work out with Mn/DOT should this arise. Ms. Niesen addressed the Council to discuss that as a taxpayer she is not sure that the Council has heard her concerns and wanted to discuss again how important it was that the Council consider holding off on approving Phase Three. She questioned why she has not heard from the developer that they will not hold the City responsible if the roadway is not approved. Councilmember Peppe requested to have Mr. Hyde address the Council to answer if the proposed roadway is not approved and a different roadway is selected and does not interfere or infringe on the development, if it would be a problem. Mr. Hyde responded no, as long as the access to the property for the employees, customers, and truck traffic, is not adversely affected. Councilmember Nelson questioned if there had been any leases signed and if the tenants are made aware of the proposed reconstruction in the area. Mr. Hyde informed the Council that they furnish anyone who is negotiating a lease with a large amount of materials that includes everything that the Council has seen and everything that has to do with the status of the property ownership and regulatory approvals. Councilmember Lasman made a motion under the direction of the City Attorney's expertise and after the discussion of the developer Mr. Hyde to support adopting Planning Commission Application No. 2001 -012 subject to the 15 conditions recommended by the Planning Commission which are followed after this motion. Councilmember Peppe seconded the motion. Voting in favor was Mayor Kragness, Councilmembers Lasman, Peppe, and Ricker. Councilmember Nelson abstained and discussed the reason being is that he voted against approving the roadway through the Joslyn development and therefore cannot concur, but does want the project under Planning Commission Application No. 2001 -01 to move forward. Motion passed. 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. 06/25/01 -14- 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. 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. 06/25/01 -15- lot REPORT ON POLICE STAFFING Mr. McCauley reported on the recent staffing change from 8.5 -hour days to 12 -hour days. The 12- hour shifts start at 6:00 a.m. and at 6:00 p.m. with a full complement of officers and the following coverage is provided: 5 Officers 6:00 a.m. to 9:30 a.m 7 Officers 9:30 a.m. to 4:00 p.m. 9 Officers 4:00 p.m. to 6:00 p.m. 7 Officers 6:00 p.m. to 4:00 a.m. 5 Officers 4:00 a.m. to 6:00 a.m. Mr. McCauley discussed that the change to 12 -hour shifts has been well accepted and that there have been comments from residents who have observed the increased number of squad cars on patrol. The 12 -hour shifts will be evaluated in the future to review the outcome of working 12 hour shifts. At this time the officers support the 12 -hour shifts and have made the adjustment to the longer work day. 11. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:00 p.m. Motion passed unanimously. h City Clerk Mayor 06/25/01 -16-