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HomeMy WebLinkAbout1999 11-22 CCM Regular Session I 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 NOVEMBER 22, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in study session at 6:00 p.m., and continued to the informal open forum. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one appeared at the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Senior Pastor John Yang, Mong Community Alliance 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 7:03 p.m. 11/22/99 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Crime Prevention meeting on November 17, 1999, at the new Police Station. Councilmember Nelson reported that he attended the Year 2000 Celebration Committee meeting on November 9, 1999, and the Earle Brown Days meeting on November 19, 1999. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested the addition of Council Consideration Item 8i and a modification to the minutes of the November 1, 1999, work session, and the November 8, 1999, study session. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the November 1, 1999, general work session, the November 8, 1999, study session, regular session, and the tour of new Police Facility. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. CHRISTMAS TREE SALES LOT PQT Company 21050 Lake George Boulevard, Anoka MECHANICAL Burnsville Heating and Air 12481 Rhode Island Ave S, Savage 11/22/99 -2- i RENTAL Renewal: 4201 Lakeside Ave N #206 Germaine Pawelk SIGN HANGER LeRoy Signs, Inc 6325 Welcome Ave North 6c. APPROVAL OF MINNESOTA LAWFUL GAMBLING APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) SUBMITTED BY PROPER ECONOMIC RESOURCE MANAGEMENT FOR AN EVENT TO BE HELD MARCH 4, 2000, AT EARLE BROWN HERITAGE CENTER, 6155 EARLE BROWN DRIVE A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve application for authorization for an exemption from lawful gambling license (raffle) for an event to be held March 4, 2000, at Earle Brown Heritage Center, 6155 Earle Brown Drive. Motion passed unanimously. 7. PLANNING COMMISSION ITEMS 7a. PLANNING COMMISSION APPLICATION NO. 99010 SUBMITTED BY WICKES FURNITURE COMPANY, INC. REQUEST FOR A SPECIAL USE PERMIT TO ALLOW THE SALE OF MERCHANDISE ON A LIMITED BASIS AT THE NEW WICKES DISTRIBUTION CENTER. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 10, 1999, MEETING. City Manager Michael McCauley discussed the Council previously approved Planning Commission Application No. 99005 which was a request for site and building plan approval to construct a wholesale furniture distribution center for Wickes. This wholesale furniture distribution center is a permitted used in this I -2 zoning district and the applicant is now seeking authorization to allow retail stores at that site per Section 35 -331, Subdivision 3b of the City Ordinance. The Planning Commission recommended approval of the application subject to the following conditions: 1. The special use permit is granted for the limited retail sale of furniture and accessory items that are slightly damaged, customer returns, one of a kind items and similar merchandise per Section 35 -331, Subdivision 3b of the City Ordinances. Any change in this use comprehended by the application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 11/22/99 -3- 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3, The retail sales shall be confined to the area next to the customer lounge as indicated on the submitted floor plan. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the City's Zoning Ordinance. 5. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 99010 subject to the aforementioned conditions recommended by the Planning Commission. Motion passed unanimously. 7b. PLANNING COMMISSION APPLICATION NO. 99011 SUBMITTED BY RSP ARCHITECTS (ON BEHALF OF RED KING). REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT FOR THE LAST BUILDING AT 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 NOVEMBER 10, 1999, MEETING. Planning and Zoning Specialist Ron Warren discussed the application submitted by RSP Architects (on behalf of Red King) request for site and building plan approval and a special use permit for the last building at the Brookdale corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. The plan is for a 3,314 square foot Burger King convenience food restaurant at the location shown at "fast food" on the original site plan for the Brookdale corner redevelopment. Mr. Warren informed the Council the applicant submitted a modification to the sign that he believes is acceptable and that the change would not need to go back to the Planning Commission for approval. Councilmember Hilstrom asked about the sign ordinance being reviewed. Mr. McCauley informed the Council that the City is waiting to hear from the Chamber regarding a task force the Chamber had suggested to review the sign ordinance. Executive Director Kent Campbell was present and addressed the Council to inform them that they would be willing to start a task force. 11/22/99 -4- I Councilmember Nelson questioned if there was any regulation of the distance between a "fast food" operation and a liquor store since a new liquor store will also be opening. Mr. McCauley informed the Council that there are no limitations for "fast food" distances from liquor stores. Mr. Warren informed the Council that the Planning Commission recommended approval of this application 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. 3. A site erformance agreement and supporting financial guarantee in an amount to be p g pp g g determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements related to the construction of this convenience food restaurant. 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City ordinances. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 99011 subject to the aforementioned conditions recommended by the Planning Commission. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, 1999A, AND PROVIDING FOR THEIR ISSUANCE 11/22/99 -5- Mr. McCauley discussed this resolution would award the sale of improvement bonds to be supported by special assessments on benefited property and that proceeds of the sale will reimburse the City for the cost of the street and storm drainage construction done as part of the 1999 Neighborhood Street Improvement Program. Proposals were opened at 10:00 this morning and Mr. Erickson from Springsted was available to share the proposals with the Council. Mr. Erickson addressed the Council to inform them that the lowest bidder was Norwest Investment Services, Inc. with an interest rate of 4.86 percent and that he would recommend the Council approve to accept the bid from Norwest Investment Service, Inc. RESOLUTION NO. 99 -180 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, 1999A, AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF VELMA THROLDAHL Mr. McCauley discussed this resolution was to express appreciation for the dedicated public service of Velma Throldahl who had worked for the City from December 19, 1988, to November 19, 1999. RESOLUTION NO. 99 -181 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF VELMA THROLDAHL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. STAFF REPORT RE: TWIN LAKES STUDY Public Works Director Diane Spector reported on the Twin Lake Study which was recently completed by the Shingle Creek Watershed Commission. 11/22/99 -6- I i The study was intended to develop an accurate model of the subwatersheds tributary to Twin Lake and to diagnose water quality issues. Montgomery Watson, the watershed's engineering firm, this past spring installed equipment and took periodic water samples in several locations. The purpose of this testing was to develop and fine tune a model which would detail storm water flow into and out of the lake. Once the model was calibrated they could also model the quality of the water flowing into and out of the lake and compare it to the actual test findings. During that testing phosphorus levels were found to be higher than expected in Upper Twin Lake. Various possible explanations were explored, and ruled out the typical in -lake sources of phosphorus. The water quality from the major sources of storm water into the lake was reviewed. The engineer was surprised to find that the storm water entering the lake from the large wetland complex to the north had phosphorus levels four times higher than expected based on the model. The study and model shows that the major source of the water quality problems in Upper Twin Lake, and thus in Middle and Lower as well, is the phosphorus coming out of this large wetland complex. The final results of the sampling showed that the wetland was contributing about 1,188 pounds per year of phosphorus to Upper Twin Lake, accounting for 53 percent of the lake's total phosphorus. The solution would be to keep the wetland from discharging phosphorus, returning it to its normal ecological role of being a phosphorus sink. Montgomery Watson had identified three ways to accomplish this. 1. Excavation of soil from the wetland to permanently inundate the wetland basin. 2. Chemical treatments which will permanently bid the phosphorus to the soil. 3. Aeration techniques which will prevent water in the wetland basin with low dissolved oxygen concentrations from contacting the soil. The watershed had applied for both a MetroEnvironment Partnership Grant and a Twin Cities Water Quality Initiative Grant. The estimated cost is $460,000, of which $45,000 for the diagnostic study has already been completed. Initial discussions with the grant managers of both programs indicate that the application has a good chance of at least partial funding from each program. Once the grant amount has been determined the watershed will recommend the option or combination of options which would be best. It is expected that the recommendation to the cities would be made by early next spring. Councilmember Lasman asked when the results from the grants would be received and if chemical treatments will be done this summer since they were not done this past summer. Ms. Spector informed the Council that the award announcements should be in December or January /February, and that at this time it has not been determined about the chemical testing. 11/22/99 -7- 1 Mayor Kragness asked if it was ever determined why the phosphorus levels were so high. Ms. Spector informed the Council that the reason was not determined and that the watershed is hoping to expand and get a reason for the high levels. Councilmember Hilstrom asked if residents would be notified that about the risks of swimming in the lakes. Ms. Spector said that there are no health risks. Ms. Spector is currently working with the watershed engineer and the cities of Crystal and Robbinsdale to schedule a joint meeting for a presentation with interested residents. A motion by Councilmember Nelson, seconded by Councilmember Peppe to receive report. Motion passed unanimously. 8d. RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENT FUND Mr. McCauley discussed this resolution would authorize the transfer of $700,000 of surplus funds from the general fund to the special assessment construction fund and the capital improvement fund. RESOLUTION NO. 99 -182 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENT FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8e. RESOLUTION SUPPORTING AND ENCOURAGING QUALITY K -12 EDUCATIONAL OPPORTUNITIES FOR BROOKLYN CENTER RESIDENTS Councilmember Nelson read the resolution supporting and encouraging quality K -12 educational opportunities that will provide for quality education in appropriate facilities that are not up -to -date, safe, and meet the physical environment needs of students in Brooklyn Center. RESOLUTION NO. 99 -183 Councilmember Nelson introduced the following resolution and moved its adoption: 11/22/99 -8- I RESOLUTION SUPPORTING AND ENCOURAGING QUALITY K -12 EDUCATIONAL OPPORTUNITIES FOR BROOKLYN CENTER RESIDENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8f. RESOLUTION ENCOURAGING METROPOLITAN COUNCIL TO ADDRESS THE LONG -TERM NEEDS OF TRANSIT PATRONS AT THE BROOKLYN CENTER TRANSIT HUB Councilmember Peppe read the resolution encouraging the Metropolitan Council to work with the City of Brooklyn Center and others in identifying an appropriate location and facility design for a transit hub in Brooklyn Center. RESOLUTION NO. 99 -184 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ENCOURAGING METROPOLITAN COUNCIL TO ADDRESS THE LONG - TERM NEEDS OF TRANSIT PATRONS AT THE BROOKLYN CENTER TRANSIT HUB The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8g. RESOLUTION OF SUPPORT FOR THE REAPPOINTMENT OF DONN WISKI AS CHAIR OF THE TRANSPORTATION ADVISORY BOARD Mr. McCauley discussed the North Metro Mayors Association requested that the City of Brooklyn Center adopt a resolution in support of the reappointment of Donn Wiski as Chair of the Transportation Advisory Board. RESOLUTION NO. 99 -185 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF SUPPORT FOR THE REAPPOINTMENT OF DONN WISKI AS CHAIR OF THE TRANSPORTATION ADVISORY BOARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11/22/99 -9- 8h. RESOLUTION ADOPTING GUIDELINES FOR FUNDING OF SOCIAL SERVICES BUDGET CODE 435 i Mr. McCauley discussed this resolution adopting guidelines for funding of social services would be reasonable and proper. RESOLUTION NO. 99-186 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING GUIDELINES FOR FUNDING OF SOCIAL SERVICES BUDGET CODE 435 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8i. RESOLUTION SUPPORTING THE BROOKLYN CENTER YEAR 2000 CELEBRATION COMMITTEE'S APPLICATION TO BE THE OFFICIAL MILLENNIUM COMMITTEE IN THE CITY OF BROOKLYN CENTER Mr. McCauley informed the Council that Phil Cohen contacted him and Mayor Kragness to request the City of Brooklyn Center to adopt a resolution supporting the Year 2000 Celebration Committee's application to be the official Millennium committee in the City of Brooklyn Center. RESOLUTION NO. 99 -187 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE BROOKLYN CENTER YEAR 2000 CELEBRATION COMMITTEE'S APPLICATION TO BE THE OFFICIAL MILLENNIUM COMMITTEE IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the meeting at 8:00 p.m. Motion passed unanimously. City Clerk 0 Mayor 11/22/99 -10-