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HomeMy WebLinkAbout2001 08-27 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 27, 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, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. - No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:56 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. 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 Michael McCauley, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 08/27/01 -1- 5. COUNCIL REPORT Councilmembers Lasman, Peppe and Nelson reported that they attended the Smart Growth session on August 20, 2001, and shared the thoughts on the session. Councilmember Nelson shared that he attended the Association of Metropolitan Transportation meeting on August 22, 2001, and wanted it to be noted that the City Watch had information regarding a special material drop-off day that will be held on October 6, 2001, from 8:00 a.m. to 3:00 p.m. at the Operations — Maintenance Building, 8300 Noble Avenue North, in Brooklyn Park. Councilmember Nelson shared the budgeted numbers for the Community Center have been met and that the believes that the reconstruction of the Community Center will only bring in more use for the Community Center. 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 August 6, 2001, joint worksession with Financial Commission, and the August 13, 2001, study and regular sessions. Motion passed unanimously. 6b. APPROVAL OF RENEWAL APPLICATION FORA MINNESOTA LAWFUL GAMBLING LICENSE (PULL -TAB BOOTH AT EARLE BROWN BOWL) FROM THE BROOKLYN CENTER LIONS CLUB RESOLUTION NO. 2001-117 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BOOTH AT THE EARLE BROWN BOWL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 08/27/01 -2- 6c. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses: Motion passed unanimously. MECHANICAL Fireworks Fireplace Installation, Inc. 3030 4" Street South, Waite Park Heated Floor Systems 1658 Louise Avenue, St. Paul White Bear Mechanical, Inc. 2379 Leibel Street, White Bear Lake PRIVATE KENNEL LICENSE John Procter 6025 Halifax Avenue North RENTAL Renewal: 507 60 Avenue North Mary Tjosvold (Outreach Acres) 6142 Scott Avenue North John and Marlys Pepera TAXICAB Elhadji Diaby - Gassama 4949 Grenwich Avenue North, Oakdale 6d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-118 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. 6e. RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HANSON PIPE AND PRODUCTS, INC. (SPANCRETE) AND AUTHORIZING FINAL PAYMENT RESOLUTION NO. 2001-119 Councilmember Lasman introduced the following resolution and moved its adoption: 08/27/01 -3- RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HANSON PIPE AND PRODUCTS, INC. (SPANCRETE) AND AUTHORIZING FINAL PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. PROCLAMATION DECLARING OCTOBER 21 THROUGH 27, 2001, AS WORLD POPULATION AWARENESS WEEK A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt Proclamation Declaring October 21 Through 27, 2001, as World Population Awareness Week. Motion passed unanimously. 7. REPORT FROM FINANCIAL COMMISSION CHAIR DONN ESCHER REGARDING STREET LIGHT UTILITY AND CHANGES TO INVESTMENT POLICY RECOMMENDATIONS Financial Commission Chair Donn Escher reported on the recommendations from the Financial Commission regarding a street light utility and changes to the investment policy. A motion by Councilmember Nelson, seconded by Councilmember Peppe to accept report, approve recommendations, and direct staff to move forward with a street light utility and changes to the investment policy. 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 discussed that the plat has not been filed and suggested tabling this item to the September 10, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Ricker to continue the Public Hearing. Motion passed unanimously. 8b. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY MICHAEL VIDEEN, 6215 BROOKLYN DRIVE, TO KEEP THREE DOGS 08/27/01 -4- Mr. McCauley discussed that he had denied the application submitted by Michael Videen to keep three dogs and that Mr. Videen had requested a public hearing. Since the application was submitted before the effective date of the amended City Ordinance to Chapter 1 which eliminated private kennel licenses, it was suggested that Mr. Videen be given the opportunity to a public hearing. Michael Videen addressed the Council to discuss that he had contacted three of the neighbors who had indicated on a survey that they were opposed to him keeping three dogs and informed the Council two of the three had reversed their decisions and that he had a written notice from those neighbors. Mr. Videen believes that the third neighbor who had indicated that they were not in favor of approving the private kennel license is not within 150 feet of his property and that the survey should not be considered. Mr. Videen shared why he believes he should be able to keep three dogs. Mayor Kragness explained that the City Council had reasons for eliminating the private kennel licenses and believes that health and safety were an issue that had to be dealt with, which is why the process for allowing private kennel licenses was removed from the City Ordinance. A motion by Councilmember Peppe, seconded by Councilmember Lasman to affirm the decision of the City Manager to deny the application for a private kennel license to keep three dogs. Motion passed unanim ously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2001-016 SUBNu i i r.i) BY HERBERT A. MARGOLIS. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE AND DIVIDE 13.957 ACRES OF LAND LOCATED EAST OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69 AVENUE NORTH INTO TWO LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 16, 2001, MEETING. Mr. McCauley discussed that this application submitted by Herbert A. Margolis requesting preliminary plat approval to combine and divide 13.957 acres of land located east of Brooklyn Boulevard between I -94 and 69* Avenue North into two lots for the Brookdale Dodge automobile dealership and the Luther Brookdale Mazda dealership (formerly Ryan Olds) was approved and recommended by the Planning Commission at its August 16, 2001, meeting subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Cross access agreements between the proposed Lots 1 and 2 shall be filed with the final plat. 08/27/01 -5- 4. Other appropriate easements for utility and restricted access purposes, as approved by the City Engineer, shall be executed and filed with the final plat. 5. Final plat approval is subject to Mn/DOT review and requirements. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2001 -016 subject to the above listed conditions. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2001-017 SUBNu Y 1 i mi BY HERBERT A. MARGOLIS. REQUEST FORA SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL FOR AN 11,000 SQ. FT. ADDITION TO THE BROOKDALE DODGE AUTOMOBILE DEALERSHIP AT 6800 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 16, 2001, MEETING. Mr. McCauley discussed that this application submitted by Herbert A. Margolis requesting a special use permit and site and building plan approval for an 11,000 square foot addition to the Brookdale Dodge automobile dealership at 6800 Brooklyn Boulevard was recommended and approved by the Planning Commission at its August 16, 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, utility and erosion control 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 the completion of site improvements. 4. Any outside trash disposal facilities and roof top or 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 landscaped areas to facilitate site maintenance. 08/27/01 -6- 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. 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. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. A special use permit is granted for the altered automobile sales, display and service operation indicated in this plan. Any expansion or alteration of the use not comprehended by the zoning ordinance nor this approval, shall require an amendment to the special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. The old Brookdale Dodge showroom and connecting walkway shall be demolished and removed from the site in conjunction with the occupancy of the new addition. 14. The final plat comprehended under Planning Commission Application No. 2001 -016 shall receive final approval and be filed with Hennepin County prior to the occupancy of the Brookdale Dodge showroom addition. 15. Construction and relocation of driveways within the Brooklyn Boulevard (County Road 152) right -of -way are subject to the issuance of driveway permits from Hennepin County. 16. The plans shall be modified prior to the issuance of building permits to extend the curb delineation at the entrance to the site easterly by 20 ft. per the City Engineer's recommendation. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -017 subject to the above listed conditions. Motion passed unanimously. 08/27/01 -7- 9c. PLANNING COMMISSION APPLICATION NO. 2001-018 SUBrvu 11 imu BY L & D CONTRACTING. REQUEST FOR A SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO ENLARGE THE CONVENIENCE STORE AND EXPAND THE CAR WASH AT HARKS MOBIL STATION, 6501 HUMBOLDT AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 16, 2001 MEETING. Mr. McCauley discussed that Planning Commission Application No. 2001 -018 submitted by L & D Contracting requesting a special use permit and site and building plan approval to enlarge the convenience store and expand the car wash at Hark's Mobil Station, 6501 Humboldt Avenue North, was recommended and approved by the Planning Commission at its August 16, 2001, meeting subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Any grading, drainage or utility plans are subject to final review and approval by the City Engineer prior to the issuance of permits. 3. All outside trash disposal facilities and roof top 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 area to the east and south by the entrances into the retail area shall be signed as "no parking, fire lane" as determined by the Fire Chief. 6. The amended special use permit is granted for the expansion of the retail area and the car wash addition as contained in the plans submitted. Any other expansion or alteration of this use shall require additional amendments to the special use permit granted. The repair of vehicles on this site is being discontinued and shall not be allowed. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof shall be grounds for revocation. Mayor Kragness commented that this property has improved and commended the work that has already been done. 08/27/01 -8- A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning Commission Application No. 2001 -018 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING SEPTEMBER 16 THROUGH 22, 2001, TO BE FISCAL AND SUPPORT SERVICES WEEK Mayor Kragness read the proclamation declaring September 16 through 22, 2001, to be Fiscal and Support Services Week. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring September 16 through 22, 2001, to be Fiscal and Support Services Week. Motion passed unanimously. 10b. RESOLUTION AUTHORIZING THE CITY MANAGER AND STAFF TO ENTER INTO A FEASIBILITY STUDY WITH THE BROOKLYN CENTER STADIUM COMMITTEE FOR THE DEVELOPMENT OF A COMMUNITY STADIUM IN BROOKLYN CENTER, MINNESOTA TO BE LEASED BY THE MINNESOTA TWINS Mr. McCauley discussed that this resolution was prepared by Councilmember Nelson and put on a previous agenda and was tabled to this meeting. Councilmember Lasman addressed the following questions to Councilmember Nelson. Where would the money come from to put together a feasibility report, where would the police have funds to expand enforcement, has anyone from the Legislature been contacted, what will happen to the tax base in Brooklyn Center, and what about upfront acquisition money? Councilmember Nelson indicated that all of those questions would be a reason for a feasibility report. I Councilmember Lasman stated that she would not be able to support this resolution. Mayor Kragness stated that she would not support this resolution. Councilmember Peppe discussed that he wanted to make sure that the public is clear that the City of Brooklyn Center is looking for options for the City and that at this time he is not ready to move forward spending taxpayers' dollars on the issue of a stadium in Brooklyn Center.' He likes the idea of people talking about the future of Brooklyn Center and would recommend tabling this resolution to a future date to allow more time to review what the Brooklyn Center residents would like, if not a stadium in Brooklyn Center. 08/27/01 -9- I Mayor Kragness commented that she believes the conversations that have sparked from the idea of a stadium in Brooklyn Center have been good and shared that with the Smart Growth process there are comment cards available at Brooklyn Center City Hall on the future of what should be done in Brooklyn Center. She encouraged residents to take the time to make comments on the future of Brooklyn Center. Councilmember Nelson discussed that the Legislature will be hold a Task Force on this issue in September and the adoption of this resolution would be an indication that the City of Brooklyn Center is interested in having a stadium in Brooklyn Center. Councilmember Ricker indicated the information he has regarding the Legislature would indicate it is unlikely that anything would happen soon and a resolution would not be needed at this time. A motion by Councilmember Peppe, seconded by Councilmember Ricker to table this resolution to a future date to allow more time for residents to provide their input on the future of Brooklyn Center. Motion passed unanimously. loc. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES DELETING LANGUAGE REFERENCING DOG LICENSING Mr. McCauley discussed with the recent elimination of dog licensing, the City Ordinance needs to be amended to remove the reference to dog licensing requirements and that it is recommended to approve first reading and set second reading and public hearing for September 24, 2001. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing for September 24, 2001. Motion passed unanimously. 10d. MAYORAL APPOINTMENT TO PARK AND RECREATION COMMISSION Mayor Kragness requested ratification for the nomination of Valerie Forsch, 5306 Howe Lane North, to the Park and Recreation Commission with term expiring December 31, 2001. A motion by Councilmember Lasman, seconded by Councilmember Peppe to ratify Mayoral nomination of Valerie Forsch. Motion passed unanimously. loe. STAFF REPORT RE: GRANT APPLICATION FOR ENHANCEMENTS IN THE BROOKDALE AREA I Mr. McCauley discussed the draft application that had been prepared for enhancements in the Brookdale area. If the grant application is approved the City would be able to construct a more extensive program of improvements. 08/27/01 -10- y The proposed enhancements would include decorative street lighting and landscaping on County Road 10 from TH 100 to Brooklyn Boulevard and Brooklyn Boulevard to TH 100, and Xerxes Avenue from County Road 10 to 55' Avenue. The project as proposed would also include construction of a sidewalk/bicycle trail on the south side of County Road 10 from the North Hennepin Regional Trail to Xerxes Avenue, and on the east side of Xerxes from County Road 10 to 55' Avenue. Improvements would be made to various intersections in the area to improve crosswalk safety. Councilmember Peppe wanted to reaffirm that if the grant is approved that there would not be any mandates. Mr. McCauley stated that would be correct. 10L APPROVAL OF JOINT AND COOPERATIVE AGREEMENT WITH ANOKA- HENNEPIN NARCOTICS AND VIOLENT CRIMES TASK FORCE Mr. McCauley requested approval of the Joint and Cooperative Agreement with Anoka- Hennepin Narcotics and Violent Crimes Task Force and discussed that the agreement submitted will be in effect calendar year 2002. A motion by Councilmember Ricker, seconded by Councilmember Nelson to approve Joint and Cooperative Agreement with Anoka- Hennepin Narcotics and Violent Crimes Task Force. Motion passed unanimously. log. RESOLUTION OF INTENT TO PROCEED WITH LAND EXCHANGE WITH INDEPENDENT SCHOOL DISTRICT NO. 286 Mr. McCauley discussed that this resolution would indicate the City Council's intent to favorably consider a formal process to exchange land between the City and Independent School District (ISD) No. 286 for the construction of a new elementary school and a unified site plan for such school and the City's Grandview Park provided that the voters in ISD No. 286 approve a bond issue based on such exchange and construction of a new elementary school, the terms and conditions of such exchange of property results in a unified site plan that is beneficial to the community, and it results in no expense to the City for recreating or relocating existing improvements at Grandview Park except in so far as the City would be responsible for additions or enhancements that are currently planned or may be planned in the future for the Grandview Park Destination Plan. The Park and Recreation Commission reviewed the issue and recommended approval. The Planning Commission had no concerns with the proposal. Antoinette Johns, Superintendent, and Greg Thielsen, School Board Chair, addressed the Council to discuss more detailed plans for the elementary school and commend City staff for all the work done on this issue. 08/27/01 -11- RESOLUTION NO. 2001-120 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF INTENT TO PROCEED WITH LAND EXCHANGE WITH INDEPENDENT SCHOOL DISTRICT NO. 286 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10h. CANCELLATION OF SEPTEMBER 4, 2001, WORKSESSION Mr. McCauley requested cancellation of the September 4, 2001, worksession due to the lateness of the Legislative Session and not having received the levy calculations from the State. A motion by Councilmember Lasman, seconded by Councilmember Nelson to cancel the September 4, 2001, worksession. Motion passed unanimously. 10i. DISCUSSION OF SPECIAL ASSESSMENT POLICY APPLICATION TO COMMERICAL PROPERTY USED FOR SINGLE - FAMILY RESIDENTIAL OCCUPANCY Mr. McCauley requested direction from the Council on a special assessment policy application to commercial property used for single - family residential occupancy. There are two properties in this year's neighborhood street project, which under the current policy would be assessed at the commercial rate. If the City Council would like to have an amendment to the policy to provide that commercially zoned property that does not appear to be useable for commercial purposes unless combined with other properties be assessed at a residential rate on a per lot basis where the property is used for single - family residential drafted, one could be prepared prior to the adoption of the assessment roll for this project area and address the issues raised with respect to the two properties in question for this year's neighborhood street project. It was the consensus of the Council to direct staff to prepare an amendment to the policy. 11. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:04 p.m. Motion passed unanimously. City Clerk Mayo 08/27/01 -12- ✓