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HomeMy WebLinkAbout2000 07-24 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 24, 2000 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 6:47 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. A few residents addressed the Council regarding TH 100 preliminary plan approval. Mayor Kragness recognized the residents, explained this item is on the City Council agenda, and there would be public input at the regular session Council meeting. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to adjourn informal open forum at 6:54 p.m. passed unanimously. 2. INVOCATION Pastor Judy Fomara, Spiritual Life Church, offered the invocation. 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 Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, 07/24/00 -1- Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Northwest Suburbs Cable Communications Commission public hearing on July 15, 2000, and the Association of Metropolitan Municipalities Transportation and Government Committee meeting on July 19, 2000. Councilmember Hilstrom mentioned that National Night Out will be held on Tuesday, August 1, 2000. Mayor Kragness noted there are 150 Neighborhood Watch groups and it continues to grow. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to approve the agenda and consent agenda passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to approve the minutes from the July 10 2000, Study Session, and July 10, 2000, Regular Session, as printed passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to approve the following ist of licenses passed unanimously. g P MECHANICAL Air Conditioning Associates, Inc. 689 Pierce Butler Route, St. Paul Wencl Services, Inc. 8148 Pillsbury Ave. S., Bloomington RENTAL Renewal Humboldt Court Apartments Martha Demetriou Ryan Lake Apartments KMS Management 5347 Brooklyn Boulevard Randall Cook 4748 Twin Lake Avenue Mrs. Paul Enge 6c. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1999 -10, STREET IMPROVEMENTS CAMDEN AVENUE AND 66TH AVENUE IMPROVEMENTS AND SIGNALIZATION 07/24/00 -2- RESOLUTION NO. 2000-122 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1999 - 10, STREET IMPROVEMENTS CAMDEN AVENUE AND 66TH AVENUE IMPROVEMENTS AND SIGNALIZATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-123 Councilmember Hilstrom 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 Lasman. Motion passed unanimously. 6e. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000 -01, 02, & 03, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS FOR CONSTRUCTION OF IMPROVEMENT PROJECT NO. 2000-07, LOOP PALMER LAKE CIRCLE WATERMAIN RESOLUTION NO. 2000 -124 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.1, IMPROVEMENT PROJECT NOS. 2000- 01, 02, & 03, CONTRACT 2000 -13, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS FOR CONSTRUCTION OF IMPROVEMENT PROJECT NO. 2000 -07, LOOP PALMER LAKE CIRCLE WATERMAIN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING 07/24/00 -3- SALE OF SAID PROPERTY RESOLUTION NO. 2000-125 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. PLANNING COMMISSION ITEM: 7a. PLANNING COMMISSION APPLICATION NO. 2000-017 SUBMITTED BY RADHIKA MENDOZA REQUESTING A SPECIAL USE PERMIT TO OPERATE A HOME BEAUTY SHOP AT 6845 PERRY AVENUE NORTH City Manager Michael McCauley introduced Planning Commission Application No. 2000 -017 submitted by Radhika Mendoza requesting a Special Use Permit to operate a home beauty shop at 6845 Perry Avenue North. Planning and Zoning Specialist Ron Warren said the property is zoned R -1 and displayed a map of the location of the property under consideration. He explained that home beauty shops are classified as special home occupations in the City's Zoning Ordinance and required the approval of a Special Use Permit by the City Council before such operations can be undertaken. Mr. Warren stated the applicant has submitted a site sketch of the property describing the proposed home occupation. He explained the applicant proposes to operate the shop as follows: 10 a.m. to 8 p.m., Monday through Friday; 9 a.m. to 6 p.m on Saturday; and closed on Sunday. He said access to the driveway is from 69th Avenue. He said the Planning Commission recommended a requirement for the applicant to expand the driveway to 20 ft. by 35 ft. to provide an improved surface for up to four cars to park. He also noted that two letters were presented to the Planning Commission raising concerns relative to the safety of the children with a school crossing very near the applicant's driveway and also requesting that no on- street parking be allowed. He explained that one of the conditions recommended by the Planning Commission is no on- street parking. He reviewed the area of concern with regard to the school crossing and noted that the beauty shop will not open until 10 a.m. on weekdays which is after the children have congregated to cross 69th Avenue to go to school. Mr. Warren stated that another recommendation of the Planning Commission is that customers be served on an appointment only basis and that no more than three clients be there at any one given time. He explained that the beauty shop will be operated in the area located between the house and the garage, which is currently a roofed patio area which is proposed to be enclosed. He said the applicant will need to comply with the requirements and recommendations of the Building Official. He said the Planning Commission held a public hearing and recommended approval of Planning Commission Application No. 2000 -017 at its July 13, 2000, meeting subject to six conditions. 07/24/00 -4- i Councilmember Lasman raised the issue of the safety of children at the school crossing in the afternoon. Mr. Warren responded that in the afternoon the children will congregate on the north side of 69th Avenue, cross to the south side, and then disperse. There was discussion regarding parking along 69th Avenue, whether it is permitted or not, posting "No Parking" signs, and enforcement and who will enforce the parking restrictions. Council consensus was to add language which clarifies that there is no parking allowed on 69th Avenue, whether it is the applicant or the customer. There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2000 -017 submitted by Radhika Mendoza subject to the following six conditions: 1. The Special Use Permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to the Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. 3. All parking, whether the applicant or customer, during the hours of operation of the home occupation shall be off street on improved space provided by the applicant. The driveway shall be reconstructed to a width of 20 feet and a length of 35 feet from the garage to the curb line prior to the issuance of the Special Use Permit. 4. The hours of operation shall be between the hours of 10 a.m. and 8 p.m., Monday through Friday, and 9 a.m. through 6 p.m. on Saturdays. Customers shall be served on an appointment only basis and limited to a maximum of three at any one time. 5. The applicant shall comply with recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations to be made to the property. 6. A current copy of the applicant's state license shall be submitted to the City prior to the issuance of the Special Use Permit related to this application. The motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION APPROVING TH 100 SEGMENT 4 PRELIMINARY PLAN Mr. McCauley explained that this resolution is to approve the preliminary layout for TH 100. He 07/24/00 -5- indicated that there is also a Staff recommendation to add an additional item to this agenda item to engage the services of Short Elliott Hendrickson, Inc. (SEH) to review the current layout which is being proposed and examine if there are viable alternatives which have been overlooked. He reviewed the process and time line as follows: • SEH would conduct a public meeting to review the options and issues; the meeting would be open to the public and notification would be made to the same group of persons as for the July 19 special TH 100 meeting. The public meeting would occur the end of August or beginning of September. • the environmental engineers and MPCA representatives would participate in making a presentation and answering questions. • SEH would then report back to the City Council at a special meeting prior to the City Council taking any action on the report from SEH. The special meeting would occur by the beginning of October. He explained the reason for the recommendation of SEH was that SEH participated in the mid -1990s with the task force that explored multiple alternatives and was involved in the original layout for this section of roadway connecting France and Lakebreeze, the area north of the railroad tracks to the area south of the railroad tracks. He said SEH was not involved in the current layout, so they are not invested in that particular option or proposal, but because of their prior experience would have a lot of information and ability to look at, react to, and vision if there are other alternatives. He stated this would occur prior to the City Council being asked to engage the services of a firm to do the layout and engineering for what would be constructed to connect the north and the south. He further said it would also occur before the City has entered into the formal memorandum of understanding with Mn/DOT that would include the specific design that would be proposed to be designed by the engineering firm. He said the recommendation is for the City Council: 1) to adopt the resolution which would approve the preliminary layout for TH 100, and 2) to engage the services of SEH to review the current layout which is being proposed and examine if there are viable alternatives which have been overlooked, with the addition that the Council indicated which would be to schedule a special meeting at which SEH would report back to the City Council and take public input and reaction to the report and then a formal meeting at which the report would be considered. Mayor Kragness opened the meeting for public input. Ted Willard, 4552 58th Avenue North, #156, addressed the Council. He stated he is a member of the Brooklyn Center Taxpayers Association (BCTA) and is representing that organization this evening. He said the BCTA was formed partly to support the long -range plan for Brooklyn Center and, the BCTA supports adhering to the City's Comprehensive Plan which was adopted January 20, 2000, and supports approving the preliminary plan for TH 100. He stated there is insufficient time to meet both the Mn/DOT deadline for layout approval and to review neighborhood concerns. He said this is the final portion of the TH 100 project that would provide improved access to Brooklyn Center as well as provide improved traffic flow for Brooklyn Center residents to other parts of the 07/24/00 -6- Metropolitan Area as well as improving traffic flow for the entire area. He stated the BCTA urges the City Council to lock in the special funding and approve the preliminary plan for TH 100 and also to allow sufficient time to meet with those residents affected, along with Mn/DOT and MPCA representatives, and anyone else concerned, consistent with the recommendation of the City Manager. Joe Mann, 5415 East Twin Lake Boulevard, addressed the Council. He said he does support improving TH 100 but expressed concern regarding rerouting the roadway through a contaminated site and safety issues for the children. He inquired if there is a July 25 deadline. Mayor Kragness responded that according to the half dozen meetings she has attended that July 25 is the deadline. Mr. McCauley added that the City has not received anything in writing from Mn/DOT regarding the deadline, but with the City of Robbinsdale going past July 18th, he assumed there is not an absolute fixed date. He reviewed the time line for bid letting and contract approval and said it is a risk not to approve the preliminary plan very soon to meet the time line. Mr. Mann said he understands that time is short, but he wants to be sure the data is accurate and doesn't want to hurry the project. He indicated that Hennepin County Commissioner Mike Opat said there is extra time. He discussed issues related to Real Estate Recycling's proposed building on the Joslyn site and its impact on the proposed roadway. He asked that the Council review all the issues related to the re- routing of France Avenue. Don Sobania, owner of apartment building at 3701 47th Avenue North, addressed the Council. He is concerned about the proposal to cut 48th Avenue through to 47th Avenue and cul -de -sac 48th Avenue and what kind of traffic and usage issues would arise. He said 47th Avenue is a quiet street and he is concerned about the noise and safety issues. He agrees with the recommendation to hire a consultant to review the proposed layout and would like to participate in the study. i Craig Miller, owner of apartment buildings at 3501 and 3513 47th Avenue North, addressed the Council. He expressed concerns about the re -route from 48th Avenue to 47th Avenue. He believes this proposal will have a dramatic impact on the property. He favored the SEH study and would like to participate. Bob Hill, 4701 Twin Lake Avenue North, addressed the Council. He discussed the costs related to this realignment. He reviewed the information which had been distributed to residents earlier this year. He said other cities received several options for their cities and Brooklyn Center residents have received just one option. He discussed cost estimates provided by Mn/DOT relating to seven different options. He said Robbinsdale hired a consultant to review the Mn/DOT options and provide an alternative option. He would like to see the City Council work with Mn/DOT and support other options. Art Laliberte, residing at the Beach Condominiums, addressed the Council. He said he is not in favor of extending Azelia Avenue to France Avenue. He suggested not raising the railroad bridge and keeping it at the same level and then maintain what is there already. He said he doesn't see how there can be enough room to widen the railroad to three tracks. 07/24/00 -7- Roni Brunner, 4701 Twin Lake Avenue North, addressed the Council. She said she went to the MPCA office and looked through the Joslyn files. She read information from the MPCA regarding definitions established for contaminated sites as it relates to types of use. She believes the site would be classified as an industrial restricted commercial use with limited adult use rather than residential unrestricted. She said the MPCA will need to review whether a residential street can pass through the Joslyn site, because she believes the site would have to be classified as residential unrestricted by the MPCA. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council. She said she had been working really hard these past few weeks on gathering information and talking to residents and representatives from several agencies. She believes there are too many inconsistencies and unanswered questions for the City Council to approved the preliminary plan for TH 100. She discussed the Joslyn site and expressed concern that it is too early to develop the site. She raised several issues with regard to a risk assessment for residents, soil and water contamination, costs to put the road through Joslyn, MPCA review and approval, and the Canadian Pacific Railroad plans. She requested a series of meetings with the public to gather information and input, not just one. She reviewed her discussions with all the representatives with whom she had spoken. She distributed a copy of the proposed plan which is currently filed with the MPCA and said it is not the one being proposed now. Bill Modell, owner of apartment building at 3713 47th Avenue North, addressed the Council. He expressed concern with the east side of TH 100 as it relates to re- routing 48th Avenue to 47th Avenue and then cul -de -sac 48th Avenue. He said the traffic will negatively impact the property, and he would like to see a traffic impact study conducted. Charles Nichols, 4812 Lakeview Avenue North, addressed the Council. He reviewed the history of the Joslyn area and its contamination. He is concerned with the proposed City street going through the Joslyn area. He urged the Council to study viable options. A representative of KMS Management, apartment manager of 3401 and 3413 47th Avenue North, addressed the Council. He expressed concern regarding the change for 47th Avenue North as it relates to noise and traffic. He said it will be a complete change for the residents along 47th Avenue from a quiet road to a very busy, commercial use road. Councilmembers discussed the time line with regard to hiring SEH to conduct a study. There was also discussion regarding modifying the preliminary plan for TH 100 to allow for more design options. Mr. McCauley said the resolution could be amended and suggested language to be added which would allow for further consideration of the connection of France Avenue north and south of the railroad. Mayor Kragness said she understands the concerns of the residents. She wants to do the best for the City and the concerned citizens, but also does not want to risk losing the funding for this project. 07/24/00 -8- Mr. McCauley said the proposed language amendment to the resolution in the last paragraph could be: "the City, however, is reserving judgment on the feasibility of the connection of France Avenue North and South of the Canadian Pacific railroad right of way." Councilmember Nelson read a proposed resolution which he had prepared and made a motion to adopt the resolution. Councilmember Peppe inquired why Councilmember Nelson had not presented the proposed resolution to the other members of the Council for review prior to the meeting. Mr. McCauley noted that the proposed resolution has language that approves the Environmental Impact Statement, which has already been approved by the City Council. Councilmember Hilstrom explained she didn't get an opportunity to review the proposed resolution drafted by Councilmember Nelson. She said the language the City Manager has helped the Council develop is clear on its intent to hire SEH and work with the residents on viable options. Councilmember Hilstrom seconded the aforementioned motion for discussion only and said she would not be supporting it. Voting in favor: Councilmember Nelson; voting naye: Mayor Kragness, Councilmembers Hilstrom, Lasman, and Peppe. Motion fails. RESOLUTION NO. 2000 -126 Councilmember Hilstrom introduced the following resolution and moved its adoption: I RESOLUTION APPROVING TH 100 SEGMENT 4 PRELIMINARY PLAN The motion for the adoption of the foregoing resolution, as amended, was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to hire SEH to review the current layout that is being proposed and examine if there are other viable options and to work with the surrounding neighbors and businesses passed unanimously. 8b. SET DATE AND TIME FOR JOINT MEETING WITH BROOKLYN COMMUNITY CHAMBER OF COMMERCE Mr. McCauley suggested setting August 14, 2000, 4:30 p.m., at 5701 Shingle Creek Parkway, Suite 660, for a joint meeting with Brooklyn Community Chamber of Commerce. A motion by Councilmember Peppe, seconded by Councilmember Lasman to set August 14, 2000, 4:30 p.m., at 5701 Shingle Creek Parkway, Suite 660, for a joint meeting with Brooklyn Community Chamber of Commerce passed unanimously. 07/24/00 -9- 8c. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley outlined the area of neighborhood street and utility improvement projects proposed for 2001. He said this resolution starts the process to begin preparation and planning for the improvement project. RESOLUTION NO. 2000-127 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8d. RESOLUTION EXPRESSING SUPPORT FOR APPLICATION TO HENNEPIN COUNTY AFFORDABLE HOUSING INCENTIVE FUND FROM COMMUNITY HOUSING DEVELOPMENT CORPORATION FOR HOUSING IMPROVEMENT TO UNITY PLACE Mr. McCauley said that Community Housing Development Corporation has applied to Hennepin County's Affordable Housing Incentive Fund for funding improvements at Unity Place to complete roof replacement. He stated that Community Housing Development Corporation has requested a resolution of support for its application. He further noted that the application does not require any financial contribution from the City. Councilmember Hilstrom raised the issue of Section 8. Mr. McCauley responded that Unity Place will maintain its Section 8 status. RESOLUTION NO. 2000 -128 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING SUPPORT FOR APPLICATION TO HENNEPIN COUNTY AFFORDABLE HOUSING INCENTIVE FUND FROM COMMUNITY HOUSING DEVELOPMENT CORPORATION FOR HOUSING IMPROVEMENTS TO UNITY PLACE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 07/24/00 -10- 9. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:50 p.m. passed unanimously. IVA41 City Clerk Mayor 07/24/00 -11-