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HomeMy WebLinkAbout1998 11-09 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 i REGULAR SESSION NOVEMBER 9, 1998 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. i ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. INFORMAL OPEN FORUM No one wished to address the Council. Mayor Kragness reported that she received a call from Barb Johnson, a Minneapolis Councilmember regarding the fencing along the 53rd Avenue Trail Project. Ms. Johnson favors the field stone and is very pleased with the project. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the informal open forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Rev. Tim Johnson, Brookdale Covenant Church, offered an invocation. 11/09/98 -1- I 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. FLAG CEREMONY Cub Scout Pack 401 offered a Flag Ceremony. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, 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 Carmody reported the final public meeting hosted by the Parks and Recreation Commission will be held Tuesday, November 17, 1998, 7:00 p.m. at Northport Elementary School. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested removing and tabling Item 6d until the November 23, 1998, Council meeting. A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve the minutes from the Special Work Session on August 31, 1998, Special Work Session on October 19, 1998, Regular Session on October 26, 1998, and Special Session on November 4, 1998. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. 11/09/98 -2- AMUSEMENT DEVICE - VENDOR Metro Coin, Inc. 9903 Valley View Road, Eden Prairie MECHANICAL SYSTEMS Automatic Garbage Door and Fireplaces 220 -77th Avenue NE, Minneapolis Suburban Air 8419 Center Drive, Minneapolis Whole Aire Company, Inc. 7330 205th Avenue NW, Elk River RENTAL DWELLING Initial: Kathy Becker 5746 Irving Avenue North Jason Johnson 4204 Lakebreeze Avenue North 6c. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -08, CONTRACT 1998 -C, REFORESTATION OF 1997 STREET IMPROVEMENT AREAS RESOLUTION NO. 98 -194 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -08, CONTRACT 1998 -C, REFORESTATION OF 1997 STREET IMPROVEMENT AREAS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6d. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-26, CONTRACT 1998 -G, RELOCATION OF 16" WATER MAIN AT WEST FIRE STATION This resolution was removed and tabled until the November 23 1998 Council meeting. g 6e. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -30, CONTRACT 1998 -P, MISCELLANEOUS SIDEWALK AND RETAINING WALL REPLACEMENTS RESOLUTION NO. 98 -195 Councilmember Peppe introduced the following resolution and moved its adoption: 11/09/98 -3- i RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -30, CONTRACT 1998 -P, MISCELLANEOUS SIDEWALK AND RETAINING WALL REPLACEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. PLANNING COMMISSION ITEMS 7a. PLANNING COMMISSION APPLICATION NO. 98020 SUBMITTED BY JOHN CRAIG. REQUEST FOR SPECIAL USE PERMIT APPROVAL FOR A VENDING MACHINE SUPPLY HOME OCCUPATION INVOLVING THE USE OF AN ACCESSORY BUILDING AT 6921 LOGAN AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 29,1998, MEETING. City Manager Michael McCauley discussed Planning Commission Application No. 98020 submitted by John Craig requesting Special Use Permit approval to conduct a vending machine supply home occupation involving the use of an accessory building at 6921 Logan Avenue North. Planning and Zoning Specialist Ron Warren further discussed that this property is zoned R -1 and is the fourth house north of 69th Avenue on the west side of Logan Avenue. It is bounded on the north, west and south sides by single family homes and on the east by Logan Avenue with single family homes also located on the opposite side of Logan Avenue. The applicant submitted a letter stating that D.C. Vending is a family owned vending company which operates out of their home and has apparently been in operation for some time. They store all snack items inside the home and store all of the soft drinks in the garage. D.C. Vending has been inspected by a representative of the Department of Agriculture of the State of Minnesota and has a current license /certification that expires on March 31, 1999. All items to be stored are brought by their own vans and there are no outside deliveries. Mayor Kragness asked if there were any complaints from the neighbors. Mr. Warren responded that neighbors within a 150 feet radius were notified of the Planning Commission's consideration. It appears that this home occupation can be kept to a relatively low level and should not cause problems in the neighborhood if it is conducted in an appropriate manner. Therefore, approval of this special use permit could be made subject to at least the following conditions: 11/09/98 -4- 1. The special use permit is granted only for a vending machine supply business involving the storage of soft drinks in the accessory building. This use may not be altered or expanded in any way not comprehended by this application without first securing an amendment to this 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 associated with the home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between the hours of 8:00 a.m. and 5:00 p.m., on Monday through Friday. Customer Service shall not be provided on the property. 5. A current copy of the applicant's license /certification from the Minnesota Department of Agriculture shall be kept on file with the City. Mr. Craig was present and Councilmember Carmody asked him how much longer he would need to find a location to store his truck. After discussion it was the consensus of the Council to allow Mr. Craig to have fourteen days to locate a location for his truck. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve Planning Commission Application No. 98020 subject to the above listed conditions. Motion passed unanimously. 7b. PLANNING COMMISSION APPLICATION NO. 98022 SUBMITTED BY KATHLEEN GODAR. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME OCCUPATION THAT WILL INVOLVE CUSTOMER TRAFFIC AT 7004 OLIVER AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 29,1998, MEETING. Mr. McCauley discussed Planning Commission Application No. 98022 submitted by Kathleen Godar requesting Special Use Permit approval to conduct a home occupation that will involve customer traffic at 7004 Oliver Avenue North. Mr. Warren further discussed this property is zoned R -1 and is the second house north of 70th Avenue North on the east side of Oliver Avenue North. It is bounded on the north, east and south by single family homes and on the west by Oliver Avenue North with single family homes and a portion of East Palmer Lake Park on the opposite side of the street. 11/09/98 -5- i The applicant submitted a letter describing the home occupation and explained how it would operate. Ms. Godar is an independent sales representative for Colesce Couture, which sells loungewear, daywear and intimate apparel. She characterizes the line of clothing as being compared to Victoria's Secret. She shows gowns and other items on the parry plan, which involves going to people's homes in a social setting to offer the company's line of clothing. The applicant also specializes in offering custom fit support bras, which require special fitting services, which she believes should not be done in a party atmosphere. She wishes to offer this customized fitting service in her home. These fittings would be done by appointment only during specific hours during the week. i Mayor Kragness asked if there were any complaints from the neighbors. Mr. Warren responded that neighbors within a 150 feet radius were notified of the Planning Commission's consideration. It appears this proposed home occupation will be very low key, if operated in the manner described by the applicant. Again, no over the counter sales of merchandise should be offered as part of this home occupation. The selling of products should be done in the manner described through party situations and off - premise contacts. Approval of this special use permit is recommended subject to at least the following conditions: 1. The special use permit is granted only for the customized fitting of intimate apparel at 7004 Oliver Avenue North in conjunction with off - premise sales of this merchandise. This may not be altered or expanded in any way not comprehended by this application without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof may be grounds for revocation. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. Vehicle parking on the properly shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances. 4. The hours of operation for the customized fittings shall be between the hours of 9:00 a.m. and 8:30 p.m. Monday through Thursday, 9:00 a.m. and 5:00 p.m. on Friday and 9:00 a.m. and 3:00 p.m. on Saturday. 5. There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Sales shall be conducted off - premises. A motion by Councilmember Peppe, seconded by Councilmember Carmody to approve Planning Commission Application No. 98022 subject to the above listed conditions. Motion passed unanimously. 11/09/98 -6- 8. COUNCIL CONSIDERATION ITEMS 8a. REPORT ON 69TH AND BROOKLYN BOULEVARD PROJECT Mr. McCauley outlined the assessed market values, the partnership offers, and the status of each property involved with the 69th and Brooklyn Boulevard Project. Darnell Ostrom, daughter of Roger and Darlene Gustafson who live at 6935 June Avenue, addressed the Council regarding the assessed market values. She did not believe the assessments were up to date. Ms. Ostrom also wanted to clarify a statement from a letter her parents received and requested to have all mailings, or a copy g Y Y of all mailings sent to her. City Attorney Charlie LeFevere discussed this would be possible if a written notice was received with the approval to do so. A written notice of approval was received at the meeting. The EDA entered into a contract with the redeveloper and the contract states that the redeveloper has until December 31, 1998, to close on the entire redevelopment. Mr. McCauley advised there were only two ways the EDA would become involved in acquiring property under the contract. The EDA has agreed to acquire properties that the redeveloper cannot acquire through negotiation or offers if, and only if all of the following occur: * Redeveloper requests the EDA to use eminent domain. * Redeveloper submits and receives plan approval. * Redeveloper has submitted proof of financing for the project. * Redeveloper deposits sufficient funds to cover all of the EDA's costs of acquisition through eminent domain. The redeveloper has not requested that the EDA commence eminent domain proceedings at this time. If the redeveloper requested that the EDA commence eminent domain proceedings and complied with all the prerequisites for the EDA to commence such proceedings, the EDA would have the option to use the quick take provisions of Minnesota Law which allows possession in 90 days after the petition is granted. The other way the EDA would become involved in acquisition is pursuant to Section 3.1 (a) of the contract which provides that the EDA may, at its sole discretion, assume any option or purchase agreement negotiated by the redeveloper and acquire the property under the terms of such agreement. If the EDA were to acquire property under that provision, it would require an executed purchase agreement or option between the redeveloper and the owner. There were other property owners present to discuss their concerns and frustration with the progress of the project. Dan Holmes, 6932 June Avenue North, addressed the Council regarding his concern about not getting any response from the redeveloper Dave Nelson, President of Boulevard Shoppes, and had come to the City Council to seek help. 11/09/98 -7- Julie Berg, 6944 June Avenue North, addressed the Council and believes that a back -up plan needs to be established or a time line for arrangements if the redeveloper does not follow through on the project. Mayor Kragness asked if a letter could be sent to the redeveloper urging the redeveloper to work with the residents and to express the concerns heard from the residents. Mr. McCauley responded that a letter could be prepared and mailed to Mr. Nelson on behalf of the Council. Councilmember Hilstrom requested to have an update at the first meeting in December and that this also be put on the January 11, 1999, agenda. 8b. REPORT ON BROOKDALE - TAX REBATE Mr. McCauley discussed that the former owners of the Brookdale Center appealed its valuation for property tax purposes each year from 1992 through 1996. The cases were resolved in March 1998 and the settlement approved by the Bankruptcy Court in August 1998. The City's share of the settlement has been calculated and will have to be paid in the near future. The City has made reserve provisions for the abatement so that the amount can be paid. 8c. RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT END GRANT FOR THE BROOKLYN CENTER EARLE BROWN HERITAGE CENTER RESTORATION PROJECT Mr. McCauley discussed that this was the grant agreement with the State of Minnesota for the work done on the Earle Brown Heritage Restoration Project. RESOLUTION NO. 98 -196 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT END GRANT FOR THE BROOKLYN CENTER EARLE BROWN HERITAGE CENTER RESTORATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8d. RESOLUTION APPROVING THE CONTRACT FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL #320 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS OF 1998 AND 1999 11/09/98 -8- Mr. McCauley discussed there was a correction made to the resolution and the correction read: WHEREAS, an Arbitrator has awarded to Teamsters Employees' Union, Local #320 (Department Heads) a contract for the years 1998 and 1999 as attached; RESOLUTION NO. 98 -197 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL 4320 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS OF 1998 AND 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8e. PRELIMINARY DESIGN PARAMETERS, IMPROVEMENT PROJECT NO. 1999 -05, 53RD AVENUE TRAIL Mr. McCauley discussed the preliminary designs of the 53rd Avenue trail, greenway and fence developed for Council approval. Public Works Director Diane Spector described the design elements and color renderings which provided an idea of what the fence would look like and its relationship to the houses and greenways. The greenway will be approximately 62 -65 feet wide from the back property line of the new parcels to the back of the curb on 53rd Avenue. The existing concrete sidewalk will be removed. The greenway can be thought of as two areas: the "front half', or the area from 53rd Avenue to about the middle, and the "back half', the area from the middle of the greenway to the fence. The 100 foot trail will meander through the "front half', while the "back half' will be gently rolling with a slight rise. There was concern about the slight rise and it was discussed that the rise will be easy and will be "wheelchair" friendly. The fence will offset from the property lines 12 -18 inches. This offset will allow the fence and columns to be located entirely on the greenway. The proposed fence is a five -foot, black, industrial grade aluminum double rail fence, with stone columns every 32 feet. Two materials for the fence columns have been proposed, fieldstone and chipped face block. Mr. McCauley informed the Council that at the previous public meetings regarding this project, the fieldstone was generally favored. The Council was asked to comment on an entry sign for this area. Ms. Spector discussed that a sign has not been designed at this time, but a conceptualized fieldstone monument with an engraved wooden `Brooklyn Center" sign is being considered. It was discussed that a wood sign, something compatible to the design at North Regional Mississippi Park with fieldstone would be appropriate. 11/09/98 -9- Mr. McCauley suggested having a couple of designs prepared for Council consideration. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to approve the preliminary designs for the 53rd Avenue Trail. Motion passed unanimously. 8f. SET DATE OF PRESENTATION BY ERNEE McARTHUR Mr. McCauley requested setting November 23, 1998, 6:30 p.m. to give Ernee McArthur an opportunity to do a presentation regarding the Historical Society Project. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to set November 23, 1998, 6:30 p.m. for Ms. McArthur's presentation. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the meeting at 8:37 p.m. Motion passed unanimously. `k City Clerk Mayof I 11/09/98 -10-