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HomeMy WebLinkAbout1999 03-22 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 MARCH 22, 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 6:47 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Community Development Director Brad Hoffman, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. INFORMAL OPEN FORUM Judy roeren and Janet Hungerford, residents of Brooklyn Center, ap before the Council to Y g � Y � pp discuss closing the exit ramp at 50th and Highway 100. Ms. Broeren and Ms. Hungerford are concerned with the number of people speeding and running through the stop sign at this location. They informed the Council that they had been in contact with the Minnesota Department of Transportation (Mn/DOT) and that Mn/DOT was agreeable to closing the exit ramp. Both Ms. Broeren and Ms. Hungerford wanted to know what the City is doing to help this situation. Public Works Director Diane Spector reported the City is waiting to hear from Mn/DOT and the County to make a decision on the situation. Ms. Spector discussed that a traffic signal would need to be installed at Highway 100 before the closure of the exit ramp at 50th and Highway 100, and until the decision is made to do so, this closure would be detoured as the intersection could not handle the additional traffic safety without traffic lights. Ms. Broeren and Ms. Hungerford expressed their concerns again about the safety and wanted to know what could be done to speed the process up. Mayor Kragness suggested a resolution stating the City is agreeable to this closure and having a petition from the neighborhood gathered by Ms. Broeren and Ms. Hungerford sent to Mr. Mike Opat, Hennepin County Commissioner. It was the consensus of the Council to have a resolution prepared and presented to the Council at the April 12, 1999, City Council meeting. 03/22/99 -1- �I` Ms. Broeren asked what is going to happen with the house that recently burned down on Zenith Avenue North. Mr. Hoffman reported a resolution has to go before the Council to condemn the house. This resolution will be on the April 12, 1999, City Council agenda. ADJOURN INFORMAL OPEN FORUM I A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION Pastor Gloria Roach - Thomas, Brooklyn United Methodist 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 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Hilstrom reported her absence of the March 8, 1999, City Council meeting was due to the National League of Cities Conference in Washington, D.C. Councilmember Lasman reported she attended the Park and Recreation Commission meeting and p g the Crime Prevention meeting. Councilmember Nelson reported he was elected to serve as the Liaison on the Housing Commission. Mayor Kragness reported that the Heritage Festival was held on March 21, 1999, and that the City received a plaque for their support. Mayor Kragness informed the Council there will be a fund raiser on April 17, 1999, to help raise money for the death of one student and one injured last year. A copy of the flyer will be posted at the Community Center. 03/22/99 -2- 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 March 8, 1999, regular session, and the March 15, 1999, special work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. COURTESY BENCH Ameribench Company 4215 Winnetka Avenue, New Hope MECHANICAL SYSTEMS Advanced Energy Services 3650 Annopolis Lane, Plymouth DJ's Heating and A/C 6060 LaBeaux Avenue, Albertville Delmar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park RENTAL DWELLING Initial: Karen Pelak 5319 & 5321 Queen Avenue North Renewal: Bobby Robson 1107 57th Avenue North Center Park Senior Apartments Maranatha Place J M Benson Shingle Creek Tower Lutheran Social Service of Minnesota 3612 55th Avenue North Lutheran Social Service of Minnesota 6018 Admiral Place Morning Star Investments 1519 Humboldt Place North Nancy Dahlquist 4700 Lakeview Avenue North SIGN HANGER Twin Cities Sign Images, Inc. 17201 113th Avenue North, Osseo 6c. APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (BINGO/RAFFLE APPLICATION) FOR EARLE BROWN ELEMENTARY SCHOOL ON APRIL 23,1999 03/22/99 -3- A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the application for exemption from lawful gambling at Earle Brown Elementary School on April 23, 1999. Motion passed unanimously. 6d. RESOLUTION DESIGNATING 1999 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES RESOLUTION NO. 99 -40 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING 1999 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES The motion for the adoption of the foregoing resolution was duly seconded b y Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998-07, CONTRACT 1998 4; 1998 -18, CONTRACT 1998 -K; AND 1998 -19, CONTRACT 1998 -L, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, JOHN MARTIN DRIVE AND JAMES AND 67TH AVENUESNORTH RESOLUTION NO. 99 -41 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -07, CONTRACT 1998 -J; 1998 -18, CONTRACT 1998 -K; AND 1998 -19, CONTRACT 1998 -L, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, JOHN MARTIN DRIVE AND JAMES AND 67TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND THE INSURANCE AGENT FOR 1999 RESOLUTION NO. 99 -42 Councilmember Lasman introduced the following resolution and moved its adoption: 03/22/99 -4- I RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND THE INSURANCE AGENT FOR 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC NUISANCE ABATEMENT CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Public Nuisance Abatement Charges to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Mr. McCauley suggested to open the public hearings for all the above listed special assessments. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearings. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe, seconded by Councilmember Nelson to close the Public Hearings. Motion passed unanimously. RESOLUTION NO. 99 -43 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -44 Councilmember Lasman introduced the following resolution and moved its adoption: 03/22/99 -5- RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -45 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR PUBLIC NUISANCE ABATEMENT CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -46 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 99002 SUBMITTED BY BROOKDALE CORNER LLC (JOHN JOHANNSON). REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO REDEVELOP THE PROPERTY AT THE SOUTHWEST CORNER OF XERXES AVENUE NORTH AND COUNTY ROAD 10 WITH A CUB FOODS STORE AND THREE OTHER COMMERCIAL BUILDINGS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 11, 1999, MEETING. 8b. PLANNING COMMISSION APPLICATION NO. 99003 SUBMITTED BY BROOKDALE CORNER LLC (JOHN JOHANNSON). REQUEST FOR A VARIANCE FROM SECTION 35 -400 TO ALLOW BUILDING SETBACKS OF LESS THAN 50 FT. ALONG MAJOR THOROUGHFARES. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT IT MARCH 11, 1999, MEETING. 03/22/99 -6- Mr. McCauley suggested that Planning and Zoning Specialist Ron Warren discuss items 8a and 8b together. Mr. Warren discussed Planning Commission Application Nos. 99002 and 99003 submitted by Brookdale Corner LLC (John Johannson) requesting site and building plan approval to redevelop the property at the southwest corner of Xerxes Avenue North and County Road 10 with a Cub Foods Store and three other commercial buildings, along with a request for a variance from Section 35 -400 to allow building setbacks of less than 50 -feet along major thoroughfares. The Planning Commission recommended approval of both applications at its March 11, 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 issuance of permits. 2. Grading, drainage, and utility 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 the project. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5. The buildings are 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. 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 with the exception of the front entrance area where this may be waived to assist grocery cart maneuverability and handicap accessibility. 9. The applicant shall submit an as -built survey of the property, improvements, and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 03/22/99 -7- 12. The storm water drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The final plat approved by the City Council combining this site into a single lot shall be filed with Hennepin County prior to issuance of building permits. 15. Construction and relocation of driveways along County Road 10 and Brooklyn Boulevard are subject to issuance of driveway permits from Hennepin County. 16. The cost for roadway improvements including median breaks, relocated driveways, and turn lanes shall be born by the applicant. 17. Approval of this application is contingent upon the granting of variances from the 50- foot major thoroughfare setback comprehended by Planning Commission Application No. 99003 allowing a 40 -foot setback from the southwest corner of the building and the Brooklyn Boulevard right -of -way and a 35 -foot setback from "retail building B" and the rights -of -way on Xerxes Avenue North and County Road 10. 18. Plans shall be modified to show: a. Masonry screen walls at the truck dock and trash areas. b. Vines to be planted along the retaining wall screening the site from Brooklyn Boulevard. Mr. Warren reported that the request for a variance from Section 35 -400 to allow a 40 -foot building setback along Brooklyn Boulevard at the Cub Foods building and a 35 -foot building setback for a retail building located at the corner of Xerxes and County Road 10 was approved on the basis of the following: 1. The variance is consistent with the recommendations of the Brooklyn Boulevard studies that recommended non - residential buildings be allowed to be built closer to the street right -of -way along Brooklyn Boulevard. I 2. The above precedent can be established for other major thoroughfares. 3. The standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood are met. Mr. Johannson informed the Council that the demolition will start within the next week or two and that the construction will begin for the Cub Foods in June with completion sometime between Thanksgiving and Christmas. The construction on the other buildings will begin sometime between July and September. 03/22/99 -8- A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve Planning Commission Application Nos. 99002 and 99003 subject to the above listed recommendations. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. BILL BELLM REQUEST FOR CHANGE IN VEHICLE WEIGHT RESTRICTIONS Mr. Bellm addressed the Council regarding his recent request for a change in vehicle weight restrictions and informed the Council that he no longer is requesting a change. After receiving the background information he understands the restrictions, however will need time to locate a permanent location for his work vehicle. It was the consensus of the Council to allow Mr. Bellm 90 days from April 1, 1999, or the date he needed, to temporarily park his work vehicle on his property while he looks for a permanent location to park his work vehicle. 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL EARLE BROWN DAYS PARADE AND SUNDAY IN CENTRAL PARK ACTIVITIES Mayor Kragness noted this resolution was to express appreciation for the gift of the Brooklyn Center Lions Club in support of the annual Earle Brown Days parade and Sunday in Central Park activities. RESOLUTION NO. 99 -47 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL EARLE BROWN DAYS PARADE AND SUNDAY IN CENTRAL PARK ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9c. STAFF REPORT RE: BLEACHERS Mr. McCauley reported that the recent inventory discussed had been completed. None of the City's 41 bleacher sections meet the recently proposed building code. While the existing bleachers do not meet the proposed codes, at a minimum, all of the bleachers have a back rail, and about half have side rails. All are in fair to excellent condition, and none are so hazardous that they should be immediately removed. 03/22/99 -9- Mr. McCauley suggested staff continue to assess and reassess the bleachers until more information is available about the code revisions, legislative actions, and cost information. It was the consensus of the Council to have staff continue assessing the City's bleachers. 9d. NORTH METRO MAYORS ASSOCIATION RESOLUTION EXPLORING THE ESTABLISHMENT OF THE NW HENNEPIN DEVELOPMENT COALITION Mr. McCauley discussed that North Metro Mayors Association is requesting a formal resolution regarding discussions to evaluate the potential for establishing a Northwest Hennepin Development Coalition. At this time, continued discussions and exploration would seem to be appropriate, but any potential coalitions would need to be evaluated in light of City Council priorities, budgetary constraints, and staff time availability. Mr. McCauley recommended continuing these informal discussions without adoption of a formal resolution. It was the consensus of the Council to continue informal discussions without adoption of the resolution. 9e. RESOLUTION AUTHORIZING THE ISSUANCE OF $7,200,000 IN REVENUE BONDS TO FINANCE THE ACQUISITION AND REHABILITATION OF SHINGLE CREEK TOWER AT 6221 SHINGLE CREEK PARKWAY AND APPROVING THE ADMINISTRATION OF SAID PROGRAM Mr. McCauley discussed this resolution authorizing the issuance of $7,200,000 in revenue bonds to finance the acquisition and rehabilitation of Shingle Creek Tower at 6221 Shingle Creek Parkway and approving the administration of said program has changed since the bonds were first approved last year and asked Mr. Boisclair to discuss the changes. Mr. Boisclair explained since the preliminary approval was granted, the State has placed a priority on the retention of the Section 236 Program. The differences between the original program given preliminary approval and the current program are in the rents paid and the amount of money that must be used per unit in rehabilitation. Council discussed with Mr. Boisclair the concerns they had regarding the financial aspect of the Section 236 Program and if this change would change the conditions from the preliminary approval. Mr. Boisclair informed the Council that there is no negative effect with the changes, it only lowers residents rents. Councilmember Peppe stated that he was not comfortable with making a decision on this resolution this evening. Councilmember Hilstrom asked Mr. Boisclair if it would make a difference if this resolution was not adopted this evening and adopted at the April 12, 1999, City Council meeting to allow the Council to have further discussion on the Section 236 Program. Mr. Boisclair responded that would not be a problem and that he needs to have the escrow bonds by May 5, 1999. 03/22/99 -10- A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to table this resolution to April 12, 1999, and set a work session for further discussion for March 29, 1999, at 6:00 p.m. in Conference Room B. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 8:03 p.m. Motion passed unanimously. g MIZ6� — � City Clerk Mayor 03/22/99 -11-