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HomeMy WebLinkAbout1998 01-26 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 JANUARY 26, 1998 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: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, 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 Lasman to adjourn informal open forum at 6:55 p.m. passed unanimously. CALL TO ORDER RECTIIT 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: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Community Development Director Brad Hoffinan, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. MOMENT OF SILENCE A moment of silence was observed. 1/26/98 -1- COUNCIL REPORTS Councilmember Hilstrom noted a recent grant by the Legislature to Garden City Elementary School to expand the school's after hours program. Councilmember Lasman noted several D.A.R.E. graduations and her attendance, alon g with Councilmember Peppe, at a recent Crime Prevention meeting. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve the agenda and consent agenda as printed passed unanimously. APPROVAL, OF APPT CATT(� FOR AUTHORIZATI TO CONDUCT EXCLUDED BINGO FROM THE ORCHARD LANE PTA A motion was made by Councilmember Peppe to grant approval of an application for authorization to conduct excluded bingo from the Orchard Lane PTA. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION CONFIRMING THE MAYORAL APPOINTMENTS OF JOHN RUSSELL AND THOMAS SHTNNICK TO THE PARK AND RECREATION COMMISSION RESOLUTION NO. 98 -14 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION CONFIRMING THE MAYORAL APPOINTMENTS OF JOHN RUSSELL AND THOMAS SHINNICK TO THE PARK AND RECREATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION APPROVING CHANGE OR NO. 1. IMPROVEMENT PROJECT NOS. 1997- 0l. 02 AND 03. CONTRACT 1,997-E.. ORCHA D LANE WEST STREET. STORM DRAINAGE. AND UTILITY IMPROVEMENTS RESOLUTION NO. 98-15 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 1997- 01, 02 AND 03, CONTRACT 1997 -E, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 1/26/98 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AUTHORIZATION TO PURCHASE FIVE 1998 FORD CROWN VICTORIA POLICE INTERCEPTOR SOUAD CARS AND ONE 1999 FORD TAURUS A motion was made by Councilmember Peppe to grant authorization to purchase five 1998 Ford Crown Victoria police interceptor squad cars and one 1998 Ford Taurus. The motion was seconded by Councilmember Lasman and passed unanimously. LICENSES Bowling Allev AMF Earle Brown Lanes 6440 James Circle North Mechanical Svstems Carver Heating and Air Conditioning 116 Peavy Road, Chaska Cronstrom's Heating and A/C., Inc. 6437 Goodrich Avenue, St. Louis Park Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd, Coon Rapids Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood Harris Companies 909 Montreal Circle, St. Paul Heating and Cooling Two, Inc. 18550 County Road 81, Maple Grove Home Energy Center 15200 25th Avenue N #128, Plymouth Horwitz, Inc. 8825 Xylon Avenue N, Brooklyn Park Lakeland North Heating and A/C 16041 Kangaroo Street NW, Anoka M & D Plumbing and Heating, Inc. 11050 26th Street NE, St. Michael Maple Grove Heating and A/C 401 County Road 81, Osseo Metropolitan Mechanical Contractors 7340 Washington Avenue S, Eden Prairie Practical Systems 14226 Norden Drive, Rogers Royalton Heating and Cooling 4120 85th Avenue N, Brooklyn Park Standard Heating and A/C 410 West Lake Street, Minneapolis Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis Swenson Heating and A/C 6700 West Broadway, Brooklyn Park Thermex Corporation 3529 Raleigh Avenue S, St. Louis Park Vogt Heating and Air Conditioning 3260 Gorham Avenue, St. Louis Park Yale, Inc. 9649 Girard Avenue S, Bloomington Public Dance AMF Earle Brown Lanes 6440 James Circle North Rental Dwellings Initial: Gerald Fenstad Northbrook Apartments 1/26/98 -3- Renewal: Redevco- Marvin Garden Ltd. Marvin Garden Townhomes Jagdish Trivedi 5500 Bryant Avenue North Sharon Fratzke 4201 Lakeside Avenue North #208 Sign Hanger American Sign and Installers 9154 Parkington Circle, Otsego g Busch's Signs and Designs, Inc. 3103 Laura Lane, Middleton, WI Tobacco Related Products AMF Earle Brown Lanes 6440 James Circle North PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 98001. SUBMITTED BY CASCO CORPORATION (PEP BOYS SFRVICE CENTER) FOR SPECIAL USE PERMIT APPROVAL TO OPERATE AN A SERVICE/REPAIR FACILITY AT THE BROOKDALE SOUARE SHOPPING CENTER. 5900 SHINGLE CREEK PARKWAY Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 98001, submitted by Casco Corporation (Pep Boys Service Center). The applicant is seeking a special use permit to operate an automotive service /repair facility in conjunction with the retail sale of automotive parts, accessories, and car care products at the Brookdale Square Shopping Center, 5900 Shingle Creek Parkway. The property in question is zoned C -2 (Commerce). The Brookdale Square site is made up of four separate buildings: two theaters, the Fuddrucker's restaurant building, and a multi -tenant strip center. Pep Boys are proposing to be located at the west end of the strip center where Blockbuster Video is currently located. The retail sale of auto parts and accessories is a permitted use within the C -2 zone, while automotive repair and service is a special use in this district provided it does not abut R -1, R -2, or R -3 zoned property including abutment at a street line. Mr. Warren responded to several Council inquiries regarding abutting zoning districts to the 0-1 zoning district. A motion was made by Councilmember Hilstrom to request the Planning Commission review land use designations next to open space (0-1 and 0-2) districts. The motion was seconded by Councilmember Carmody and passed unanimously. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 98001, submitted by Casco Corporation (Pep Boys Service Center) for Special Use Permit approval to operate an automotive service /repair facility at the Brookdale Square Shopping Center, subject to the following conditions: 1. The special use permit is granted to the applicant for an automotive service /repair facility 1/26/98 -4- including tire, battery, and vehicle accessory installation; tune -ups, shocks, and struts service; lubrication and oil work; inspections; repair and replacement of engine support systems; wheel balancing; alignment and suspension; brake work; exhaust system service and air conditioning service work. No other automotive service /repair work such as body work, painting, or collision repair work shall be performed. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. Building plans for tenant remodeling and overhead door shall be reviewed and approved by the Building Official prior to the issuance of permits. 3. Drainage, grading, and utility plans are subject to the review and approval of the City Engineer prior to the issuance of permits. 4. There shall be no service /repair or maintenance of vehicles out of doors. All service and maintenance to vehicles shall be done inside the building with the overhead door closed. 5. Any outside trash disposal facility and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 6. There shall be no outside display or storage of merchandise on this site other than that which is authorized under administrative land use permits. 7. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 8. A performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to insure the completion of all site improvements proposed for this development. The motion was seconded by Councilmember Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS RESOLUTION E XPRESSING RECOGNITION AND A PP ,RECIATION FOR THE DEDICATED PUBLIC SERVICE OF GLORIA SANTILLO Mayor Kragness noted the years of service by Gloria Santillo of the Police Department and her dedicated public service. RESOLUTION NO. 98 -16 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED 1/26/98 -5- PUBLIC SERVICE OF GLORIA SANTILLO The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOLORES NAREY Mayor Kragness noted the years of service by Dolores Narey in the Administration Department and her dedicated public service. RESOLUTION NO. 98 -17 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOLORES NAREY The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AN ORDINANCE IMP LEMENTING A TIME OF SALE HOUSING INSPECTION. REQUIRING INSPECTION. DISCLOSURE OF CONSUMER I NFORMATION CONCERNING THE CONDITION OF A DWELLING PRTOR TO ITS SALE. AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS City Manager McCauley explained that the Brooklyn Center Housing Commission passed a motion in December 1997 to recommend the Brooklyn Center City Council adopt a Time of Sale ordinance for the City. A draft ordinance has been prepared and is modeled after the Time of Sale ordinance adopted by the cities of Bloomington and South St. Paul, which requires sellers to obtain an evaluation report from a private housing evaluator. Mr. McCauley asked Council direction on this issue. Council consensus was to gather public input on this ordinance and conduct a joint Housing Commission and City Council meeting in April to discuss the issue and invite public comment. RESOLI.JT PROVIDING FOR RATIFICATION OF EXECUTIO OF DOCUMENTS IN CONNECTI WITH DEFEASANCE OF THE CITY'S $4.60 ELDERLY HOUSING REVENUE B ONDS. SERIES 1996 (THE PRESBYTERIAN HOMES OF MINNESOTA. INC._. PROJECT) City Manager McCauley explained that Presbyterian Homes has sold the Earle Brown Commons apartment complex to LaNel. As part of the sale, LaNel acknowledges assumption of the Elderly Housing Revenue bonds (issued in 1996 to Presbyterian Homes) and their corresponding responsibilities. 1/26/98 -6- I RESOLUTION NO. 98 -18 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR RATIFICATION OF EXECUTION OF DOCUMENTS IN CONNECTION WITH DEFEASANCE OF THE CITY'S $4,600,000 ELDERLY HOUSING REVENUE BONDS, SERIES 1996 (THE PRESBYTERIAN HOMES OF MINNESOTA, INC., PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. COUNCIL INVOCATION City Attorney Charlie LeFevere updated the Council on a few changes suggested by the MCLU regarding the City Council invocation. Mr. LeFevere sought Council direction on this issue. Draft resolutions for Council consideration would change the wording of the paragraph dealing with City Council invocations and/or change the order of business so that the invocation precedes the call to order. The Council discussed the suggestions by the MCLU. Councilmember Lasman stated that invocations establish a posture of solemnity. Councilmember Peppe made a motion to maintain the current status of having the invocation after the call to order. There was no second to this motion; the motion was withdrawn by Councilmember Peppe. A motion was made by Councilmember Carmody to change the wording of the paragraph dealing with City Council invocations, change the order of business so that the invocation precedes the call to order, and bring this matter to the next Council meeting for approval. The motion was seconded by Councilmember Peppe and passed unanimously. UPDATE O BROOKLYN BOULEVAR AND 69TH AVENUE NORTH City Manager McCauley explained that Community Development Director Brad Hoffman has been working with a developer for redevelopment of the northeast corner of 69th Avenue and Brooklyn Boulevard. Mr. Hoffman noted that the EDA staff and developer have developed a general development concept, have drafted an agreement detailing the basic terms and conditions of the project, and currently either the developer or EDA controls through acquisition or option approximately 64 percent of the project area. The obstacles to developing a complete proposed agreement have included the changes in property tax classification rates, the location of a storm water retention pond, the priority of the City's commitment to Brookdale, and the financial feasibility of this project from 1/26/98 -7- I the City's perspective. Mr. Hoffinan further noted that with the enactment of property tax reclassification, this project has gone from a 4.6 percent classification to an anticipated 3.5 percent classification rate or an approximate reduction of 24 percent. This has had a significant impact on the TIF cash flow from the project and is part of the delay in developing an agreement. While it is preferred that all TIF projects generate sufficient cash flow by itself to amortize any debt incurred by the EDA, this project may not be able to do this due to the class rate drop and the redevelopment costs of acquiring and removing the blighted properties and other properties. In addition, because of the size of the proposed project area, the requirements of the Watershed District for storm water retention must be met. Staff is attempting to locate a retention pond that would serve a greater area and in turn accommodate other development. Staff has been in discussions with St. Alphonsus Church and several developers who have expressed interest in developing the church's excess land. Coordination with the development of the St. Alphonsus property provides the best overall solution to the issue and the development of the entire area. Mr. Hoffman noted that Brookdale has been and continues to be the first redevelopment priority for the City. Until now, the financial resources available to projects such as redevelopment of 69th and Brooklyn Boulevard has been unavailable until some of the Brookdale issues were resolved. We now have some latitude (financially) to responsibly proceed with several development projects, including 69th and Brooklyn Boulevard. Mr. Hoffman presented a schematic by the developer for a strip center. The only major tenant to commit to this location at this time is a gasoline service center. Councilmember Hilstrom stated she didn't want to subsidize another strip mall in Brooklyn Center. She would not approve of using TIF monies for a video rental store nor a gas station. Councilmember Peppe stated he wanted this coiner developed, but the reduction in class rates negatively affects financial aspects of an agreement and the issue should be put on hold. Councilmember Hilstrom suggested looking at other options for redevelopment of this corner. Councilmember Peppe suggested a work session on the issue. SET DATE AND TIME FOR CITY COUNCIL WORK SESSION A motion was made by Councilmember Hilstrom to set a date of March 2, 1998, 7 p.m. in Conference Room B, for a City Council Work Session. The motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTION APPROVINQ AN ADDENDUM TO THE LEASE FO R THE NORTHBROOK LIOUOR STORE 1/26/98 -8- City Manager McCauley explained that staff was recommending that the lease for the Northbrook Liquor Store be extended through March of the year 2000. The current lease will expire in March 1999. Finance Director Charlie Hansen has negotiated favorable terms for an extension of the lease. The extension of the lease will also result in a lower cost for the lease period March 1998 through March 1999. This -will give the City two years before the lease expires in which to allow continued operation of a profitable neighborhood liquor store in that area. This will provide flexibility into the future for any discussions the City Council may continue to have, including input from the community, about the future of liquor operations in Brooklyn Center. RESOLUTION NO. 98-19 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN ADDENDUM TO THE LEASE FOR THE NORTHBROOK LIQUOR STORE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 8:20 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 1/26/98 -9-