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HomeMy WebLinkAbout2001 07-09 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 JULY 9, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness 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, and City Clerk Sharon Knutson. Ulyssess Boyd, 4807 Azelia Avenue North, addressed the Council regarding the proposed street plan for Azelia Avenue North. He has lived in his home since 1954 and seen many changes in the neighborhood, and he believes the proposed street plan could have been planned better. He expressed concern that there is no emergency alternate route to get out of his neighborhood if there is a train that would hold up traffic at France Avenue. He raised the issue of the bus system and if and where the buses will run. Mayor Kragness invited Mr. Boyd to the Mn/DOT open house scheduled for Thursday, July 12, 2001, at 5 p.m. at the West Fire Station to discuss the Hwy. 100 Project. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Ricker to adjourn informal open forum at 6:52 p.m. passed unanimously. Informal Open Forum with City Council adjourned to continue study session. 2. INVOCATION Councilmember Lasman presented a modified invocation from the collection of Prayers offered by the Chaplain of the Senate of the United States. 07/9/01 -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 7:00 p.m. 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, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Lasman reported that on June 26 she attended the promotion of three Police personnel; ribbon cutting ceremony and grand opening of the new Hmong- American Shopping Center on July 4 0 i, along with Councilmembers Nelson and Peppe and Mayor Kragness; and on July 7 th the Harriet Bishop Paddleboat Mississippi River cruise sponsored by the National Park Service, along with Councilmember Nelson and Mayor Kragness. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the agenda and consent agenda passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the minutes of the June 18, 2001, general work session with Financial Commission and June 25, 2001, study and regular sessions passed unanimously. 6b. LICENSES There was a motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the following list of licenses. AMUSEMENT DEVICES Americinn Motel and Suites 2050 Freeway Boulevard Chuckwagon Grill 5720 Morgan Avenue North Comfort Inn 1600 James Circle North Davanni's Pizza 5937 Summit Drive Ground Round 2545 County Road 10 Hilton Hotel 2200 Freeway Boulevard 07/9/01 -2- Holiday Inn 1501 Freeway Boulevard Regal Cinemas, Inc. 6420 Camden Avenue North GARBAGE HAULERS Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Armor Roll -Off Service 3291 Terminal Drive, Egan BFI Waste Systems 8661 Rendova Street, Circle Pines Darling International, Inc. 9000382 nd Avenue, Blue Earth Randy's Sanitation, Inc. P. O. Box 169, Delano T & L Sanitation Service P. O. Box 49695, Blaine Walters Recycling & Refuse P. O. Box 67, Circle Pines MECHANICAL Construction Mechanical Services 1307 Sylvan Street, St. Paul Expert Sheet Metal, Inc. 30 West Main Street, Bethel RENTAL Initial: 1510 69`' Avenue North Brian Doyle Renewal: 6854 West River Road David Wagtskjold 6845 Willow Lane David Wagtskjold 5601 Lyndale Avenue North David Theisen The motion passed unanimously. 6c. APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM THE PROPER ECONOMIC RESOURCE MANAGEMENT FOR AN EVENT TO BE HELD ON SATURDAY, FEBRUARY 23, 2002, AT THE EARLE BROWN HERITAGE CENTER A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve application for authorization for an exemption from lawful gambling license (raffle) from the Property Economic Resource Management for an event to be held on Saturday, February 23, 2002, at the Earle Brown Heritage Center passed unanimously. 6d. RESOLUTION AMENDING RESOLUTION NO. 2000 -227 SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 RESOLUTION NO. 2001-93 Councilmember Lasman introduced the following resolution and moved its adoption: 07/9/01 -3- RESOLUTION AMENDING RESOLUTION NO. 2000 -227 SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION APPROVING FINAL PLAT, BROOKLYN 55 RESOLUTION NO. 2001 -94 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, BROOKLYN 55 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION APPROVING FINAL PLAT, RIVERWOOD ESTATES RESOLUTION NO. 2001-95 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, RIVERWOOD ESTATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001 -96 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. 07/9/01 -4- 7. PRESENTATIONS 7a. RELAY FOR LIFE Paul Ditter and JoAnne Sanford shared information regarding the American Cancer Society Relay For Life, a team event to fight cancer. Relay For Life will be held at Brooklyn Center High School, 6500 Humboldt Avenue North, on July 13-14,2001. This is the 6`' year for Brooklyn Center to hold this event and Brooklyn Park is joining this year. Mr. Ditter distributed a Relay For Life schedule of events and encouraged everyone to participate. 7b. MAYOR KRAGNESS: NORTHBROOK SHOPPING CENTER AND 4TH OF JULY CARNIVAL PROVIDED BY DAN VANG Dan Vang, co -owner of Hmong - American Shopping Center, addressed the Council and expressed his appreciation to everyone who attended the Taste of Asia celebration held on July 4 at the Hmong - American Shopping Center, formerly Northbrook Shopping Center. He said the event was successful and drew people all the way from Maine to Florida. He is very impressed with Brooklyn Center and what it has to offer. He has plans and visions for the shopping center and wants to work with the community to help him build his dreams. 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) and requested this item City Manager Michael McCauley explained the plat has still not been filed d e q be continued to the August 13, 2001, City Council meeting. A motion by Councilmember Lasman and seconded by Councilmember Peppe to continue the public hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (NE Quadrant of 69 and Brooklyn Boulevard) to August 13, 2001, passed unanimously. 8b. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN E & H PROPERTIES FIRST ADDITION AND FARR'S FIRST ADDITION, RIVERWOOD ESTATES ON WILLOW LANE Mr. McCauley explained this item relates to the housing development on Willow Lane. The interior drainage and utility easements are not needed for this development, and this ordinance vacates those utilities. 07/9/01 -5- A motion by Councilmember Lasman and seconded by Councilmember Nelson to open the Public Hearing passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman and seconded by Councilmember Peppe to close the Public Hearing passed unanimously. ORDINANCE NO. 2001-12 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN E & H PROPERTIES FIRST ADDITION AND FARR'S FIRST ADDITION, RIVERWOOD ESTATES ON WILLOW LANE The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Ricker. Motion passed unanimously. 8c. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PORTION OF LOTS 8 AND 9, BLOCK 1, LANE'S BROOKLYN CENTER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA Mr. McCauley explained that these two lots, 4208 and 4212 69"' Avenue North, were acquired by the City as part of the 69"' Avenue Street Redevelopment Project. A portion of these two lots would be needed for the 69` Avenue and Brooklyn Boulevard Project. This ordinance provides for the conveyance to the EDA of the portion of the lots necessary for the site development. A motion by Councilmember Nelson and seconded by Councilmember Lasman to open the Public Hearing passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe and seconded by Councilmember Lasman to close the Public Hearing passed unanimously. ORDINANCE NO. 2001-13 Councilmember Nelson introduced the following ordinance and moved its adoption: 07/9/01 -6- AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PORTION OF LOTS 8 AND 9, BLOCK 1, LANE'S BROOKLYN CENTER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2001-015 SUBMITTED BY RENEE STODDARD. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A GO -CART TRACK AND ENTERTAINMENT CENTER AT THE OLD K -MART SITE, 5930 EARLE BROWN DRIVE. THE PLANNING COMMISSION RECOMMENDED APROVAL OF THIS APPLICATION AT ITS JUNE 28, 2001, MEETING. Mr. McCauley said Planning Commission Application No. 2001 -015 relates to the former K -Mart site, 5930 Earle Brown Drive. The applicant is requesting a special use permit to operate a go -cart track and entertainment center. The Planning Commission recommended approval of this application at its June 28, 2001, meeting. Planning and Zoning Specialist Ron Warren displayed and reviewed an architectural drawing of the proposed plan for a go -cart and amusement center submitted by Renee Stoddard, co -owner of Thunder Alley Indoor Speedway, Inc. He explained the property is zoned C -2 (Commerce), and the proposed use is listed as a special use in the C -2 zoning district and is allowed provided it does not abut an R -1, R -2, or R -3 zoning district including abutment at a street line; no such abutment exists in the proposed area. Mr. Warren explained that about six months ago Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc., had approached the Council about locating a go -cart track in an Industrial Park zoning district. The Council then concluded that the use was not warranted and the applicant should seek a location within the C -2 zoning district. Mr. Warren said the applicant has a signed letter of intent with K -Mart to sublease the space. The Building Official has met with the applicant's architect to discuss building classification issues and modifications to the building, which will be required for the proposed occupancy. Matters of concern that will need to be addressed prior to the issuance of a building permit include proper air handling /exchange equipment for building ventilation given the gasoline powered go -carts being operated inside the building; necessary exiting from the site; separation requirements for various uses; possible fire sprinkler modifications due to the building changes; and safety and noise concerns. 07/9/01 -7- Mr. Warren stated the Planning Commission held a Public Hearing on June 28, 2001, and no one appeared to speak other than the applicant. The Planning Commission recommended approval of the special use permit with eleven conditions, which Mr. Warren reviewed. He said Mr. Baxter is present if there are questions of the Council. Councilmember Lasman raised the issues of gasoline storage, speed limits, and ages of operators. Mr. Baxter responded the gasoline would be stored 60 feet away from the building in an enclosed brick area with a chain link fence above it and a gate. Drivers must be at least 16 years of age to drive the bigger go -carts; there are smaller go -carts on a second track for younger ages. Youth under age 18 must have a waiver signed by a parent in order to ride and are required to attend a two -hour training session if they do not have a driver's license. Speed limits on the bigger go -carts can reach 35 -40 mph; the smaller go -carts can reach speeds up to 12 -15 mph. The go -carts are equipped with a device that will allow them to be shut down by the attendants if they are being driven recklessly or if there is a problem. Councilmember Nelson explained to Mr. Baxter that the City is working on a redevelopment of Brooklyn Center and the proposed site may be part of the redevelopment area. Mr. Baxter said his preliminary sublease agreement with K -Mart is for five years; K -Mart has 19 years left on the lease. There was a motion by Councilmember Lasman and seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -015 submitted by Renee Stoddard subject to the following conditions recommended by the Planning Commission. 1. The special use permit is granted for the operation of a "recreation and amusement place" involving a go -cart operation, an arcade with video games, a concession area with food and beverages, a laser tag operation, a pro shop where various merchandise will be offered for sale, and other related activity areas. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 3. All plans relating to the remodeling and occupancy of the building are subject to the review and approval of the Building Official prior to the issuance of building permits and a certificate of occupancy for the building. 4. There shall be no service, repair, or maintenance of go -carts or operation of go -carts out -of- doors. Said activity shall be conducted wholly within the building. 07/9/01 -8- 5. 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 landscape improvements. 6. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 7. Food sales and concession areas are subject to licensing by Hennepin County. 8. All video and arcade games are subject to licensing and regulations established by the City of Brooklyn Center. 9. Approval of this special use permit does not comprehend any signs. All signery is subject to the provisions of Chapter 34 of the City Ordinances. 10. No banners, pennants, streamers, balloons, or other attention - attracting devices may be displayed outside in conjunction with this activity other than what is authorized under administrative permits comprehended under the City's Zoning Ordinance. 11. The applicants shall submit a landscape analysis of the site prior to the issuance of building permits indicating that the proposed 109 additional landscape points are sufficient to meet the landscape point system. The motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING JULY 15 THROUGH JULY 21, 2001, TO BE COMMUNITY ACTIVITIES, RECREATION AND SERVICES WEEK Mayor Kra ness read the proclamation. Y g P A motion by Councilmember Nelson and seconded by Councilmember Lasman to proclaim July 15 through July 21, 2001, to be Community Activities, Recreation and Services Week passed unanimously. 10b. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Kragness said she received two very good applications for the Housing Commission. She requested ratification from the Council on her nomination of Kris Lawrence - Anderson, 5213 Eleanor Lane, to the Housing Commission. 07/9/01 -9- A motion by Councilmember Nelson and seconded by Councilmember Peppe to ratify the Mayoral nomination of Kris Lawrence - Anderson to the Housing Commission passed unanimously. Mayor Kragness introduced Ms. Lawrence - Anderson. loc. REPORT ON CODE ENFORCEMENT SWEEP Mr. McCauley said an initial inspection of the entire City has been completed. The most common violations have been accumulation of rubbish/debris and unlicensed/inoperable vehicles. The number of properties that received violations is 611; the total number of violations is 904. Of the 611 properties, 101 properties were issued second notices and there were eight formal complaints. Mayor Kragness inquired if there is a decline in the number of violations since the program began and if the same properties are being cited yearly. Mr. McCauley responded that when the program began, the number of violations was 1200 compared to this year's 904. He said there is some repetition, but the data needs to be analyzed further. 11. ADJOURNMENT A motion by Councilmember Peppe and seconded by Councilmember Lasman to adjourn the City Council meeting at 7:45 p.m. passed unanimously. q oS'A'-"V, OT'' City Clerk Mayor t 07/9/01 -10-