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HomeMy WebLinkAbout1997 10-27 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 OCTOBER 27, 1997 CITY HALL 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 Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: Assistant City Manager Jane Chambers, City Clerk Sharon Knutson, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM No one appeared for informal open forum. ADJOURN INFORMAL. OPEN FORUM A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn informal open forum at 6:55 p.m. passed unanimously. CALL TO ORL)FR REGI, T AR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: Assistant City Manager Jane Chambers, City Clerk Sharon Knutson, Public Services Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. 10/27/97 -1- INVOC ATION A moment of silence was observed in memory of the Yang family who experienced a devastating fire recently. COUNCIL REPORTS Councilmember Lasman noted her recent attendance at a Crime Prevention meeting and a Housing Commission meeting. APPROVAL OF AGENDA AND CONSENT AGE A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as printed passed unanimously. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31. 1997 RESOLUTION NO. 97-189 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 1997 The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZ TO CONDUCT AN EXCLUDED RAFFLE SUBMITTED BY SOUT ANOKA COUNTY CHAMBER OF COMMERC A motion was made by Councilmember Carmody to approve the application for authorization to conduct an excluded raffle submitted by Southern Anoka County Chamber of Commerce. The motion was seconded by Councilmember Hilstrom and passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZATION TO CONDUCT EXCLUDED BINGO SUBMITTED BY WILLOW LANE PTA A motion was made by Councilmember Carmody to approve the application for authorization to conduct excluded bingo submitted by Willow Lane PTA. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION ACC EPTING BID AND AWA RDING A CONTRACT. IMPROVEMENT PROJECT NO. 1997 -17, CO NTRACT 199 -N. SHINGLE CREEK REGIONAL POND 10/27/97 -2- RESOLUTION NO. 97-190 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION DECLARING A PUTBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97-191 Member Carmody 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 member Hilstrom and passed unanimously. LICENSES Mechanical Svstems Advantage Air 12906 Ventura Court #5, Shakopee Air Flow Systems, Inc. 489 East Nebraska Avenue, St. Paul LBP Mechanical, Inc. 315 Royalston Avenue North, Minneapolis Romark, Inc. 293 Commercial Street, St. Paul Rental Dwellings Initial: Douglas Lida Brookhaven Apartments Penelope Brown 4819 Azelia Avenue North John & Iris King 2112 69th Avenue North Renewal: Arlene Johnson 7218 -24 West River Road Eugene Berg 1200 67th Avenue North Sign Hanger Twin Cities Sign Images, Inc. 10550 County Road 81, Maple Grove 10/27/97 -3- Taxicab Minnesota Taxi Cab #13 David Wokpeh Natee 135 E 59th Street, #104, Minneapolis PUBLIC HEARINQ PRIVATE KENNEL LICENSE APPLICATION SI BMITTFI) BY PATRICK HANSEN. 5425 IRVING AVENUE NORTH Assistant City Manager Jane Chambers explained that Chapter 1 of the Brooklyn Center City Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the application based on the sanitation report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. The City Manager had denied the application for a private kennel license for Patrick Hansen, 5425 Irving Avenue North, based on a majority of neighbors opposed to issuing the license. Mr. Hansen had requested a hearing before the City Council to show cause why the decision should be changed. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Patrick Hansen noted that there hadn't been one police complaint report on his dogs. He also felt that the neighbors who complained about his barking dogs should've come to him first. Melissa Bird, neighbor at 5424 James Avenue North, said she thought it was fine to grant approval of the kennel license to Mr. Hansen, but she didn't like the manner in which Mr. Hansen incited her dog and other neighbor dogs to bark for the video he showed the Council. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. Council consensus was that there was sufficient evidence in favor of denying the license to Mr. Hansen. A motion was made by Councilmember Carmody to affirm the decision of the City Manager to deny a private kennel license application for Patrick Hansen, 5425 Irving Avenue North. The motion was seconded by Councilmember Peppe and passed unanimously. Mayor Kragness stated that Mr. Hansen had four weeks in which to come into compliance with the City Ordinances. 10/27/97 -4- AN ORDINANCE AMENDING CHAPTERS l l AND 23 OF THE CITY ORDINANCES RELATING TO THE SALE OF PUL -TABS Assistant City Manager Jane Chambers explained that this ordinance had previously been discussed and tabled by the Council. There are sections of the ordinance which still need to be changed to be in compliance with State Statutes regarding the trade area within which proceeds may be spent. The City Attorney will be drafting a new proposal with those technical changes and submitting it to all of the affected pull -tab operators prior to its introduction for consideration by the Council at a future date. The recommendation at this time would be to reject the proposed ordinance change. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Hilstrom and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Hilstrom and passed unanimously. A motion was made by Councilmember Peppe to reject the proposed ordinance The motion was seconded by Councilmember Lasman and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSjQN _APPLICATIONS N0.9701 q„ 9701. L .AND 97012 SUBMITTED BY HOLIDAY STATIONSTORES. INC., Planning and Zoning Specialist Ron Warren introduced the following Planning Commission Applications submitted by Holiday Stationstores. Application No. 97010 was a request for preliminary plat approval to subdivide two existing lots into three lots to allow redevelopment of a dental office and Holiday Stationstore at the northwest comer of T.H. 252 and 66th Avenue North. Application No. 97011 was a special use permit and site and building plan approval to construct a new 4,232 square foot Holiday Stationstore with 1,080 square foot attached car wash. Application No. 97012 was a request for site and building plan approval to demolish an existing dental office and build an approximate 5,400 square foot new dental clinic on the proposed Lot 2 that would be located west of the proposed Holiday Stationstore. The Planning Commission had recommended approval of Application Nos. 97010, 97011, and 97012, subject to several conditions. Councilmember Hilstrom questioned the subdivision of lots with little undeveloped commercial land remaining, the difficulty in accessing lot 3 of the plat, and the proposed new dental clinic not having site accessibility to T. H. 252. 10/27/97 -5- Mr. Warren responded to Councilmember Hilstrom's questions, and also noted the probability of putting a traffic median on 66th Avenue to direct traffic and alleviate traffic concerns in this area. The median would serve both SuperAmerica on the south side of 66th Avenue and the proposed Holiday Stationstore and dental office on the north side. Mr. Warren also noted that this median would not hinder any 66th Avenue and Camden redevelopment in the future. Councilmember Hilstrom asked if perceived traffic problems were justification for denial of the Planning Commission applications. City Attorney Charlie LeFevere responded yes, if it can be demonstrated that there would be circulation/traffic hazards. In this case, however, he stated that staff and a consultant don't see an issue with this traffic problem. When questioned about the traffic flow at present into SuperAmerica and how there would be an impact on SuperAmerica with the inclusion of a median on 66th Avenue, Mr. Warren stated that there is at present a need to improve traffic flow in the area and the median would offer some relief. Public Services Director Diane Spector offered that this proposed plan for a median strip was not a final version for traffic flow in this area. Future uses and redevelopment will prompt discussion in the years to come. Also, no building permits will be issued for any work unless there is satisfactory agreement with the conditions as stipulated by the Planning Commission. Gary Gandrud. attorney representing Holiday Stationstores; Timothy Keane, attorney representing SuperAmerica; and Steve Schell, partner in River Road Dental Clinic, all spoke briefly on this issue. The Council took a brief break at 8:57 p.m. The Council reconvened at 9:03 p.m. City Attorney LeFevere stated that denial of the special use permit for Holiday Stationstore would be hard to defend. Councilmember Hilstrom requested an update on median design for 66th Avenue in the future. A motion was made by Councilmember Carmody to approve Planning Commission No. 97010 for preliminary plat approval, submitted by Holiday Stationstores, Inc., 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. A subdivision agreement, as approved by the City Engineer, shall be executed prior to final plat approval. 10/ _6_ i 4. Appropriate driveway and cross access easements shall be developed and filed with the titles to the properties in question. These easements are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. 5. The existing 60 foot wide easement shall be continued and shown on the final plat for this property. The motion was seconded by Councilmember Lasman and passed unanimously. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97011, a special use permit and the site and building plans of a Holiday Stationstore project, 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. 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 completion of all site improvements. 4. Any outside trash disposal facilities or on- ground mechanical equipment shall be appropriately screened from view. 5. The building is 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. 9. The applicant shall submit an as -built survey of the property, improvements, and utility service lines prior to release of the performance guarantees. 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. 10/27/97 -7- 11. A special use permit is granted to Holiday Stationstores, Inc., for a gas station/convenience store/car wash at this location. Any expansion or alteration of the use shall require an amendment to the special use permit granted. 12. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 13. The plan shall be modified prior to the issuance of building permits to indicate: a. A concrete delineator to be installed in the parking lot southeasterly of the building to define the end of the parking and the one -way drive lane leading to the car wash area. b. A "one way" sign shall be located at the southeast corner of the building to indicate proper traffic movement in this area. C. A delineator to be installed in the driveway serving this site to separate in- bound and out -bound traffic and to be consistent with zoning ordinance provisions limiting driveway widths to no more than 30 feet. d. The elimination of the right -in only access from 66th Avenue North. 14. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 15. All work performed and material used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 16. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 17. Roadway improvements to 66th Avenue North, including turn lanes and median opening, based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the Holiday Stationstore project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. 18. The outdoor intercom system shall be used only for emergency purposes. The motion was seconded by Councilmember Lasman and passed unanimously. 10/27/97 -8- A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97012, for the dental clinic site and building plans, 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. 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 completion of all site improvements. 4. Any outside trash disposal facilities or on- ground mechanical equipment shall be appropriately screened from view. 5. The building is 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. 9. The applicant shall submit an as-built survey of the property, improvements, and utility service lines prior to release of the performance guarantees. 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. 12. All work performed and material used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 13. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 10/27/97 -9- 14. Roadway improvements to 66th Avenue North, including turn lanes and median opening, based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the Holiday Stationstore project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. 15. The screening between the dental office and the R -3 zoned property to the west, consisting of a combination of a 6 foot high opaque fence and Colorado Blue Spruce trees is consistent with screening required by the Ordinance. I The motion was seconded by Councilmember Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS DISCUSSION RFGARlI1V('7 -O CTAL SERVICE FUNDING POLICY DEVE LOPMENT Financial Commission Chair Donn Escher gave a presentation regarding the social service funding policy development. Earlier this year, the Council requested the Financial Commission review the policy and procedure for awarding dollars to organizations requesting assistance. Mr. Escher noted that the social service budget has grown from over $92,000 in 1995 to requests in excess of $100,000 for 1998, at a time of diminishing City fiscal resources. The Financial Commission feels that it is imperative for the Council to establish some workable and equitable policies to guide its actions. Mr. Escher further stated the Commission's questions at this point: 1) What are the appropriate services in which the City should be engaged? 2) Is the City required or obligated to provide any of the services now funded? 3) How much budget does the City have available for social services each year if expenditures for such services is appropriate? 4) How has present policy been applied by the Council to organizational requests in the past? 5) What types of organizations have requested monetary assistance in the past? 6) What is the practice and policy of other cities with regard to social service monetary assistance in the past? The Financial Commission recommends that the Council use its present policy and procedure for fiscal 1998 and enter into an intensive study with the Financial Commission and other appropriate resources for budget years 1999 and on. RESOLUTION CH EATING A CITY INITIATIVES GRANT FUND AND A_IJTH( G THE APPROPRIATIONS ASSOC WITH THE PROGRAMS FUNDED BY THE GRANTS Assistant City Manager Jane Chambers explained that this resolution would create a special revenue fund to handle grants received from the federal and state governments. This new fund would establish separate budgets for each program and provide better accountability to the oversight agency 10/27, -10- assigned to the grants. Separation between the operating expenditures of general fund departments and the expenditures funded by one -time grants would also be achieved. In addition, the appropriations created in this fund would be treated as project- length budgets and carry forward to multiple years until the grant appropriation is exhausted. RESOLUTION NO. 97-192 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CREATING A CITY INITIATIVES GRANT FUND AND AUTHORIZING THE APPROPRIATIONS ASSOCIATED WITH THE PROGRAMS FUNDED BY THE GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AN ORDINANC VACATING A CITY ROADWAY FOR PAR PURPOSES Public Works Director Diane Spector explained that this ordinance would vacate the roadway that Mn/DOT turned back to Brooklyn Center to Hennepin Regional Park Authority. The right -of -way has already been conveyed to Hennepin County Parks to be incorporated into North Mississippi Regional Park. A motion was made by Councilmember Carmody to approve the first reading of the ordinance and set November 24, 1997, for public hearing and second reading. The motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTI EXPRESSING APPRECIATION FOR THE GI OF THE CAHLANDER FAMILY AN FRIENDS IN MEMORY OF ROBERT CA HLANDER. JR. Councilmember Carmody noted that the family and friends of Bob Cahlander have recently donated a stainless steel bear sculpture in memory of Bob "Bear" Cahlander which has been placed in Bob Cahlander Park. This gift is unique in that it is the first piece of art in our City parks. RESOLUTION NO. 97-193, Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE CAHLANDER FAMILY AND FRIENDS IN MEMORY OF ROBERT CAHLANDER, JR. The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 10/27/97 -11- RESOLUTION COM MENDING THIRD GRADF STUDEENTS AT_G.AR.DFN CITY ELEMENTARY SCHOOL Councilmember Hilstrom stated that she had recently presented an informative session regarding City issues to Garden City Elementary School third graders. She noted that the students demonstrated a knowledge_ of and sincere interest in many of the issues currently facing the City, and she wanted to recognize these students and their teachers for taking the time to inform themselves and be interested in our City. RESOLUTION NO. 97-194 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION COMMENDING THIRD GRADE STUDENTS AT GARDEN CITY ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 9:24 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 10/271197 -12-