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HomeMy WebLinkAbout1999 08-23 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 23, 1999 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 Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. ADJOURN INFORMAL OPEN FORUM No one appeared at informal open forum. 2. INVOCATION A moment of silence was offered. 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 Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: Assistant City Manager /HR Director Jane Chambers, Community Development Director Brad Hoffinan, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 08/23/99 -1- 5. COUNCIL REPORT Councilmember Lasman reported that on August 16, 1999, she attended the ARM meeting. Councilmember Nelson reported that on August 19, 1999, he attended the North Metro Crossing Coalition meeting. Mayor Kragness reported that on August 17, 1999, she attended the Brooklyn Center Safety Camp which was held in Central Park. She said that the kids and parents really enjoyed the safety camp, and that she was looking forward to it again next year. Mayor Kragness also reported that she attended the Grand Opening for Pep Boys on August 2, 1999. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the minutes from study session and the regular session on August 9, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GARBAGE COLLECTION VEHICLE Darling International, Inc. P.O. Box 12785 MECHANICAL SYSTEMS Kraemer Heating, Inc. 7441 Dallas Court, Maple Grove South -Town Refrigeration 5610 West 36th Street, St. Louis Park United Heating A/C, Inc. 1295 Hackamore Road, Medina APPLICATION FOR TEMPORARY BEER LICENSE FOR ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR EVENT TO BE HELD SEPTEMBER 12,1999 A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve application for temporary beer license for St. Alphonsus Church, 7025 Halifax Avenue North, for event to be held September 12, 1999. Motion passed unanimously. 08/23/99 -2- 6c. BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS FOR THE CALENDAR YEAR ENDED DECEMBER 31, 1998 A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the Brooklyn Center Fire Department Relief Association financial statements for the calendar year ended December 31, 1998. Motion passed unanimously. 6d. REPORT ON THE AVERAGE AVAILABLE FINANCING PER ACTIVE FIREFIGHTER IN THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to accept report on the average available financing per active firefighter in the Brooklyn Center Fire Department Relief Association. Motion passed unanimously. 6e. TAX INCREMENT FINANCING DISTRICT REPORTS A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to accept tax increment financing district reports. Motion passed unanimously. 6f. RESOLUTION AUTHORIZING THE PURCHASE OF ONE FRONT END LOADER AND ATTACHMENTS RESOLUTION NO. 99 -128 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE FRONT END LOADER AND ATTACHMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6g. RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS RESOLUTION NO. 99 -129 Councilmember Hilstrom introduced the following resolution and moved its adoption: 08/23/99 -3- RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6h. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99 -130 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. 7. PUBLIC HEARING 7a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKDALE) Mayor Kragness discussed this ordinance amending Chapter 35 of the City ordinances regarding the ' zoning classification of certain land (Brookdale) was first read on March 8, 1999, and that legal notice was published March 17, 1999, for a second reading and public hearing on April 12, 1999. The public hearing was inadvertently missed from being placed on the April 12, 1999, City Council agenda. City Attorney Charlie LeFevere recommended re- publication of the public hearing legal notice to be held August 23, 1999. The ordinance amendment, if adopted, would be effective October 1, 1999. 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 Nelson to close the Public Hearing. Motion passed unanimously. 08/23/99 -4- I ORDINANCE NO. 99 -13 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKDALE) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 99007 SUBMITTED BY TWIN LAKES H, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THREE EXISTING PARCELS OF LAND INTO THREE NEW LOTS AND AN OUTLOT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 12,1999, MEETING. Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 99007 submitted by Twin Lakes II, LLC request for preliminary plat approval to subdivide three existing parcels of land into three new lots and an outlot. The Planning Commission recommended approval of this application at its August 12, 1999, 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. The preliminary plat shall be modified prior to consideration by the City Council to indicate the following: a. Additional right -of -way from Lakebreeze Avenue and possibly Azelia Avenue as required by the City Engineer. b. A cul -de -sac at the north end of Azelia Avenue. C. Additional roadway dedication to provide for a hammerhead turn around at the north end of Twin Lake and Lakeview Avenues as required by the City Y Engineer. 08/23/99 -5- 4. Approval of the preliminary plat acknowledges the need to continue the Declaration of Covenants and Restrictions authorized by the City Council under Planning Commission Application No. 86003 encumbering 104 parking spaces on the proposed Lot 3 for the sole use of the athletic club on the south side of Lakebreeze Avenue. Any modifications tot he covenant are subject to the review and approval of the City Attorney. 5. Approval of the preliminary plat acknowledges the proposed driveway easement providing access from Lot 1 over Lot 2 to the extended Azelia Avenue right -of -way as being appropriate to provide access in lieu of frontage on a public street. Mr. Warren noted that condition 3c, additional roadway dedication to provide for a hammerhead turn around at the north end of Twin Lake and Lakeview Avenues as required by the City Engineer, take place prior to the preliminary plat approval. Councilmember Hilstrom questioned if the hammerheads would accommodate the street departments for snow plowing purposes. Mr. Warren responded that the hammerheads were designed to help with snow plowing. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 99007 subject to the above listed conditions. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 99008 SUBMITTED BY BROOKDALE CORNER, LLC. REQUEST FOR SITE AND BUILDING APPROVAL FOR TWO OF THE REMAINING THREE BUILDINGS IN THE BROOKDALE CORNER REDEVELOPMENT SITE AT THE SOUTHWEST CORNER OF XERXES AVENUE AND COUNTY ROAD 10. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 12,1999, MEETING. Mr. Warren discussed Planning Commission Application No. 99008 submitted by Brookdale Corner, LLC request for site and building approval for two of the remaining three buildings in the Brookdale corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. The Planning Commission recommended approval of this application at its August 12, 1999, 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. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 08/23/99 -6- 3. Plan approval is deferred for the building labeled "fast food" until such time as a tenant is proposed and the building design is finalized. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 99008 subject to the above listed conditions. Motion passed unanimously. 8c. BROOKDALE CENTER PUD AMENDMENT Mr. Warren discussed that the Planning Commission reviewed the Brookdale Center PUD amendment at its August 12, 1999, meeting and found the proposed amendment to be a minor amendment per the ordinance and hither that no new notice and hearing are necessary to amend the PUD for the Brookdale Regional Shopping Center. The Planning Commission is recommending that the City Council concur with the recommendation and determine that the relocation of the Applebee's Restaurant as part of the Brookdale PUD is a minor amendment requiring no additional review. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the recommendation by the Planning Commission. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION APPROVING PARTICIPATION IN THE PRESERVATION OF INTEREST REDUCTION PAYMENTS UNDER SECTION 236 OF THE NATIONAL HOUSING ACT (SHINGLE CREEK TOWER PROJECT) Assistant City Manager/HR Director Jane Chambers asked Community Development Director Brad Hoffman to discuss the request from Boisclair Corporation. Mr. Hoffman discussed in order for Boisclair Corporation to assume the Section 236 Program, Federal regulations require a governmental entity to assure HUD's housing quality standards, monitor affordable rent criteria, and public ownership of Shingle Creek Towers $1,330,000 Section 236 mortgage note. The Minnesota Housing Finance Agency (MHFA) has agreed to assure HUD's housing quality standards and monitor affordable rent criteria. Boisclair Corporation is asking the City to be the holder of the Section 236 mortgage note. Council discussed the responsibility and the financial obligation the City would incur if they become the mortgage note holder. Mary Dryseth from Briggs and Morgan was present and responded that the City would only be the note holder. The City would not have to monitor the bonds, and has no financial obligations by agreeing to hold the note. i 08/23/99 -7- Councilmember Hilstrom asked Ms. Dryseth to explain why this would be a good thing for the City. Ms. Dryseth stated the Interest Reduction Payments will decrease the cost of the debt service necessary to support the loan. This will allow Boisclair Corporation to charge lower rents to residents, and increase the amount of funding available for the rehabilitation of Shingle Creek Towers to improve the quality of the affordable housing units being provided to qualified low - income families in accordance with the terms of the regulatory agreement. Councilmember Hilstrom noted that in the past she was not in favor of the City's participation in this program. However, with this new program and being assured the City will not be at risk holding the mortgage note she is now in favor of the program. RESOLUTION NO. 99-131 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PARTICIPATION IN THE PRESERVATION OF INTEREST REDUCTION PAYMENTS UNDER SECTION 236 OF THE NATIONAL HOUSING ACT (SHINGLE CREEK TOWER PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS Ms. Chambers discussed the Minnesota Deputy Registrar's Association (MDRA) requested support for an increase Year 2000 fee. The request is for the City to pass a resolution offering support for the MDRA's request of the State Legislation. The increase would maintain local title and registration service to the citizens of Minnesota and provide for further user service increases based on acceptable economic indicator. Councilmember Hilstrom asked why the City would need to approve such a request and what the increase amount would be for 2000. City Attorney Charlie LeFevere discussed that some cities have registrars and that some cities do not. Even though the City of Brooklyn Center does not have a registrar department, the MDRA is asking for support in order to educate the legislature about the need for the increase. Councilmember Hilstrom requested to table this item until more information is provided. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to table this item. Motion passed unanimously. 08/23/99 -8- 9c. TATTOO PARLOR ORDINANCE Ms. Chambers stated this item was put on the agenda for Council discussion and direction. Previously the Council requested staff to research an ordinance pertaining to tattoo parlors. Included with the materials was a copy of an ordinance recently adopted by the City of Rosemount. Councilmember Hilstrom requested and encouraged other Council Members to direct staff to create an ordinance for tattoo parlors. Councilmember Nelson asked about having one ordinance under the Comprehensive Plan. Mr. Warren responded that the Planning Commission is working on the zoning ordinance at the present time and that tattoo parlors are not listed in the zoning ordinance. Councilmember Hilstrom asked what the City could do to be protected if an application came in for a tattoo parlor. Mr. LeFevere informed the Council they could direct staff to draft an ordinance requiring tattoo licensing. in h process of changing the zonin Mayor Kragness stated that since the Planning Commission is m the p g districts she would like to see some type of license to regulate tattoo parlors. Council further discussed the process for a tattoo parlor license and the parameters for fees. Mr. LeFevere stated that the City has the authority to regulate the fees and that the fees cannot be used for revenues. Councilmember Nelson stated that he would like to see a specific direction taken on moving quickly with the zoning changes. Ms. Chambers stated that staff would proceed to draft a tattoo license ordinance. 9d. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO LOCATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS Ms. Chambers discussed a public hearing must be held to amend sections of Chapter 23 relating to the location of pawnbrokers and secondhand goods dealers. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve first reading and set second reading and public hearing for September 13, 1999. Motion passed unanimously. 08/23/99 -9- I 9e. PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23,1999, AS CONSTITUTION WEEK Mayor Kragness read the proclamation declaring the week of September 17 through 23, 1999, as constitution week. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adopt proclamation declaring the week of September 17 through 23, 1999, as constitution week. Motion passed unanimously. 9f. AUGUST 30,1999, CITY COUNCIL GENERAL WORK SESSION A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to cancel the August 30, 1999, work session and reschedule for Tuesday, September 7, 1999. Motion passed unanimously. 9g. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED SERVICE OF JANINE ATCHISON Councilmember Peppe read the resolution expressing recognition and appreciation for the dedicated service of Janine Atchison. Mayor Kragness thanked Ms. Atchison for all her dedication and wished her success. RESOLUTION NO. 99 -132 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED SERVICE OF JANINE ATCHISON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adj ourn the meeting at 8:19 p.m. Motion passed unanimously. nPA *MM*M— City Clerk D ayor D 08/23/99 -10-