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HomeMy WebLinkAbout1998 02-23 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 FEBRUARY 23, 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, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 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. INVOCATION A moment of silence was observed. CALL TO ORDER REGiJLAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 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, Director of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren, 2/23/98 -1- City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. COUNCIL REPORT Councilmember Peppe reported his attendance at the February 17 Housing Commission meeting. He explained the City's Housing Inspector gave an overview of the code enforcement program and the Commission discussed the time of sale ordinance. There will be a joint meeting of the Housing Commission and City Council on April 21, 1998, to discuss the time of sale ordinance. Councilmember Lasman reported her attendance at the February 18 Crime Prevention meeting. She explained there will be a citizen and police awards presentation on April 15. Councilmember Carmody reported her attendance at the February 17 Park and Recreation Commission meeting. She explained the Commission discussed the Capital Improvement Program relating to park improvements. Mayor Kragness expressed appreciation to Councilmembers Carmody and Lasman for attending meetings in her absence. She noted she received a letter from the State of Minnesota which indicated the City was in compliance with its emergency operations plan and congratulated all participants. APPROVAL, OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested item 6.b. be removed from the consent agenda for discussion. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the January 26, 1998 -- Regular Session and February 9, 1998 -- Regular Session as printed passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve application for authorization for an exemption from lawful gambling license to: 1) North Hennepin Community College Foundation at Earle Brown Heritage Center; and 2) Earle Brown Elementary PTA at Earle Brown Elementary School. RESOLUTION A NG B CCEP AND AUTHO RIZING THE PURCHASE OF ONE SEVEN REEL TRACTOR MOWER 2/23/98 -2- RESOLUTION NO. 98-29 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE SEVEN REEL TRACTOR MOWER The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ESTABLIS IMPROVE PROJECT NO. 1998 -15. ELEVATED STORAGE TANK REPAIR - TOWER NO. 3, AND . AUTHORIZING AA CONTRACT FOR PROFESSIONAL SERVICES RESOLUTION NO. 98 -30 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -15, ELEVATED STORAGE TANK REPAIR - TOWER NO. 3, AND AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. SITE PERFORMANC GUARANT RELEASE - CRACKER BARREL OLD COUNTRY STORE. INC. (1501 JAMES CIRCLE NORTH) A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to release the site performance guarantee in the amount of $200,000 to Cracker Barrel Old Country Store, Inc. (15 01 James Circle North) passed unanimously. RESOLUTION AWARDING CONTR ACT$ FOR CITY INSURANCE POLICIES AND CONTRACTS FOR THE INSURANCE ACTENT FOR 1998 RESOLUTION NO. 98 -31 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND CONTRACTS FOR THE INSURANCE AGENT FOR 1998 2/23/98 -3- The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. AUTHORIZATION TO ACCEPT THE GENERAL CONCEPT OF HENNEPIN COUNTY PURCHASE OF NEW ELECTION EOUIPMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to accept the general concept of Hennepin County purchase of new election equipment and authorize the City Manager to execute the Concept Approval passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the following list of licenses passed unanimously. MECHANICAL SYSTEMS Centraire Heating & A/C 7402 Washington Ave. S., Eden Prairie Fair Air, Inc. 1330 Wachtler Ave, Mendota Heights RENTAL DWELLINGS Egons Podnieks Garden City Court Apartments Ewing Square Associates Ewing Square Townhouses Curtis Erickson Lake Shore Apartments Dakota Communities, Inc. 5449 Lyndale Ave. N. Bernard McDonough 4703 68th Ave. N. SIGN HANGER Crosstown Sign 10166 Central Avenue, Blaine Electro Neon & Design, Inc. 1680 99th Lane NE, Blaine Lawrence Sign 945 Pierce Butler Route, St. Paul Nordquist Sign Co. 312 West Lake Street, Minneapolis Schad -Tracy Signs, Inc. P. O. Box 357, Oronoco SignArt Co., Inc. 2170 Dodds Road, Mendota Heights Suburban Lighting, Inc. 6077 Lake Elmo Ave. N., Stillwater TAXICAB Town Taxi #56, #112 7000 57th Avenue North, Crystal PLANNING COMMISSION APPLICATION Nn 98002 SUBMITTED BY WILLIAM N. DUDLEY FOR PRELIMINARY PLAT AP PROV AL TO R ECOMBINE INTO A SINGLE LOT TWO PARCELS OF L AND ADDRESSED AS 4900 A ND 4902 FRANCE AVENUE NORTH AND PLANNING COMMISSION APPLICATION NO, 98003 SUBMITTED BY WILLIAM N. 2/23/98 -4- DUDLEY FOR SITE AND B UILDING PLAN APPROVA TO CONSTRIJCT A 4.136 SO. FT. BUILDING TO HOUSE A PET GROOMING INSTRUCTION AND TRAINING OPERATION AT 4900 FRANCE AVENUE NORTH City Manager McCauley recommended the Council consider both Planning Commission items together since they were submitted by the same applicant and relate to the same site. Planning and Zoning Specialist Ron Warren introduced Planning Commission Application Nos. 98002 and 98003, submitted by William N. Dudley. In Planning Commission Application No. 98002, the applicant is requesting preliminary plat approval to recombine into a single lot two parcels of land addressed as 4900 and 4902 France Avenue North. In Planning Commission Application No. 98003, the applicant is requesting site and building plan approval to construct a 4,136 sq. ft. building to house a pet grooming instruction and training operation at 4900 France Avenue North. Mr. Warren explained that approximately 40 years ago these parcels were created through a "metes and bounds" division of Lot 9, Block 5, Brooklyn Manor Addition. The proposed plat will recreate that parcel. The applicant then proposes to demolish the existing building at 4900 France Avenue North and build a new building approximately 32 ft. by 62 ft., which will be operated in conjunction with the Brooklyn Pet Hospital and provide instructional services and training in pet grooming. Mr. Warren defined "commercial kennel" as outlined in Chapter 1 of the City ordinances. He explained the zoning ordinance does not define "commercial kennel "; however, the instruction and training for pet grooming should be an allowed use in this zoning district as a similar establishment. Another matter which Mr. Warren explained relates to the fact that within the pet hospital there is a dwelling unit or apartment unit which provides 24 -hour monitoring of the animals. Generally the City requires a rental dwelling license for the dwelling unit, and at this time the dwelling unit has not been licensed, but one should be applied for and obtained by the applicant. One other matter which Mr. Warren explained relates to the sale of pet food and supplies at the pet grooming training center. He explained this would be an incidental and secondary type use and limited to prescription pet food and supplies. Mr. Warren reviewed the 16 conditions which the Planning Commission recommended as part of Planning Commission Application No. 98003. Councilmember Hilstrom asked if the City is setting a precedent that it wouldn't already have had by approving this application. Mr. Warren responded that it would not be an adverse precedent with respect to uses in the I -2 zone. Councilmember Peppe asked if the reconstruction of Highway 100 would affect this area. Mr. Warren responded that the plans for Highway 100 were to close off 50th Avenue, but it should have no impact on this site. 2/23/98 -5- Mayor Kragness asked if the site would provide a boarding kennel and inquired as to health inspection requirements. Mr. Warren responded the animals may be boarded if they are at the pet hospital. He said the Health Department would review the site. A motion by Councilmember Peppe and seconded by Councilmember Hilstrom to approve the recombining of the two lots and the reestablishment of Lot 9, Block 5, Brooklyn Manor Addition passed unanimously. A motion was made by Councilmember Peppe to approve Planning Commission Application No. 98003 submitted by William N. Dudley to construct a 4,136 sq. ft. building to house a pet grooming instruction and training operation at 4900 France Avenue North subject to the following conditions: 1. 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 the amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view utilizing materials that will match surrounding buildings. 5. The new 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 guarantee. 10. The final plat comprehended under Planning Commission Application No 98002 shall be given final approval by the City Council and filed with Hennepin County prior to the 2/23/98 -6- issuance of building permits for the construction of the building comprehended under this application. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City's Engineering Department. 12. Approval of the application acknowledges pet grooming instruction and pet training as permitted uses in the I -2 zoning district subject to the City's licensing requirements as a "commercial kennel." The applicant shall be required to obtain such a license for the new building. 13. Approval of this application acknowledges the continued use of a portion of the pet hospital as a dwelling unit to provide 24 -hour monitoring of animals kept there. The owner is required to apply for and obtain a rental dwelling license for this apartment unit, or cease the residential occupancy of this unit. 14. Approval of this application acknowledges the incidental sale of prescription pet food and supplies at the pet grooming instruction and training center. 15. Approval of this application acknowledges a parking requirement of 34 on -site parking spaces for the two buildings comprehended under this plan. Twenty -one parking spaces are required for the pet grooming instruction and training center and 13 parking spaces for the pet hospital. I 16. Approval of this plan acknowledges a proof of parking for five additional parking spaces easterly of the proposed parking lot. These parking spaces shall be added only upon a determination that additional spaces are needed and the applicant is given written notice to provide them. The motion was seconded by Councilmember Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS RESOLUTION AMENDING THE 1997 GENER F[lND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING FUNDS City Manager McCauley explained this resolution adjusts the 1997 General Fund Budget so that no department exceeds its appropriation. While the entire General Fund will come in below budget, there are certain categories which are higher than anticipated. He explained with the spring flood and the July straight line winds of devastation, the Emergency Preparedness budget is over $28,000 and Forestry is over $40,000; however, these will be offset by Federal disaster grants. Convention and Tourism was about $43,000 higher than anticipated due to the increased revenues from lodging tax collections. Building Maintenance was over $40,000 due to the necessity to fix the roof at the 2/23/98 -7- Central Garage, a repair previously authorized by the Council. RESOLUTION NO. 98-32 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1997 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION SUPPORTING CELEBRATF BRO.OKLYN BOULEVARD INITIATIVE OF BROOKLYN COMMUNITY CHAMBER OF COMMERCE City Manager McCauley said this is a follow up to the Council presentation given earlier this year by members of the Chamber of Commerce regarding the planting initiative along Brooklyn Boulevard on portions of Hennepin County right -of -way. Hennepin County has requested City approval of the planting initiative prior to approval of the application submitted by the Chamber for the planter program. RESOLUTION NO. 98 -33 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING CELEBRATE BROOKLYN BOULEVARD INITIATIVE OF BROOKLYN COMMUNITY CHAMBER OF COMMERCE The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. STAFF REPORT REGARDING TAX FORF.F.IT PROPF_.RTY LOCATED ON THE SOUTH SIDE OF 69TH AVENUE WEST OF HUMBOLDT AVENUE City Manager McCauley explained the parcel of tax forfeit property is located on the south side of 69th Avenue, just west of Humboldt Avenue. The City has the opportunity to acquire the property if the Council is interested. He reviewed a possible use of the property as a "pocket park" or totlot which offers only a few amenities such as basketball courts or tot - oriented play equipment. Mayor Kragness asked what the cost of the maintenance and preparation of the property would be to get it ready for a park and was it within the budget. Director of Public Works Spector responded that this acquisition is not in the Capital Improvement Program, and the cost of installing basketball courts would be less than $10,000; a totlot would be approximately $20,000 to $25,000. 2/23/98 -8- Councilmember Carmody stated that she is not in favor of the "pocket park ", and it was her understanding that the City was concentrating on centralized parks. She agrees that more basketball courts are needed; however, she recommends the City focus on placing basketball courts in the centralized parks. Mayor Kragness inquired if the lot could be used for persons using skateboards and roller blades. City Manager McCauley explained this spring there will be surfacing at one of the parks for the skateboards and roller blades. Mr. McCauley said the deadline for submitting the request is March 20. He said the decision needed by the Council is only if they wish to acquire the property, but the decision of what to do with the land can be further discussed at a later date by conducting an analysis. Councilmember Peppe said he is concerned with the type of maintenance the property would receive if it were to go back to the County. Councilmember Lasman raised a concern with busy streets in this area. Mr. McCauley said this would need to be explored with the residents of the neighborhood. Councilmember Hilstrom asked what will happen to the property if it goes back to the County. Mr. McCauley responded that the parcel would go on the auction list. Councilmember Hilstrom said she cannot support the acquisition of this property for park use in such a small area tunneled off next to two busy streets. Councilmember Peppe stated at this point the Council doesn't need to decide the use for the property, just if it wants to acquire the property. Councilmember Hilstrom asked if the City acquired the property for park use and a developer submitted a proposal for the property, would the City be bound by the park use. Mr. McCauley responded the property would have to be returned to the State if not used for governmental purposes. Mayor Kragness said the City should focus on destination parks and improving and upgrading those parks. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom not to acquire the tax forfeit property located on the south side of 69th Avenue west of Humboldt Avenue passed on a vote of Mayor Kragness, Councilmembers Carmody, Hilstrom, and Lasman voting aye; Councilmember Peppe voted nay. (Note: further Council discussion relating to this item is recorded at the end of the minutes.) SET JOINT MEETING WITH HOUSING COMMISSION FOR APRIL 21. 1998. AT 7 P.M. 2/23/98 -9- There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set a joint meeting with the Housing Commission for April 21, 1998, at 7 p.m. in the City Hall Council Chambers. The motion passed unanimously. DISCUSSION OF STARTING TIME FOR FEBRUARY 27. 1998. COUNCIL RETREAT There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the starting time for the February 27, 1998, Council retreat for 1:30 p.m. at the Earle Brown Heritage Center Loft. The motion passed unanimously. RESOLUTION NAMING BASEBALL FIEL AT G RANDVIEW PARK IN HONOR OF PHILIP O. COHEN Councilmember Carmody explained that the Council had been approached b citizens requesting Y p pp Y q g that a park or baseball field be named in honor of Phil Cohen. City staff recommended a baseball field at Grandview Park since it is nearest Mr. Cohen's residence. RESOLUTION NO. 98-34 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION NAMING BASEBALL FIELD AT GRANDVIEW PARK IN HONOR OF PHILIP Q. COHEN The motion was seconded by Councilmember Hilstrom and passed unanimously. REOUEST BY NORTH METRO MAYORS ASSOCIATION FOR SPECIAL MEMBER ASSESSMENT TO CONDUCT STUDY ON �METROPOL,ITAN COUNCIL'S POINT ALLOCATION SYSTEM FOR TSTEA FUNDING AND LIFE, CYCLE HOUSING Councilmember Carmody explained that she requested this item be removed from the consent agenda not because she opposed it but to make it more public. She asked Mr. McCauley to explain the request by the North Metro Mayors Association. Mr. McCauley said one of the significant sources of funding to do major highway projects such as Highway 100 comes from ISTEA funding from the Federal government. The Metropolitan Council is the agency which allocates the funding for these purposes. Each year the Metropolitan Council has a competitive application process that has the seven county metropolitan area projects seeking this Federal funding. One of the major components of evaluating these applications is the Metropolitan Council's own life cycle affordable housing goals. The goals of the Metropolitan Council have tended to go toward new projects or impacts on new projects to provide affordable housing. This leaves first- and second -ring suburbs and the inner- cities at a disadvantage if they do not receive adequate points in this process for all of the affordable housing which already exists. In 2/23/98 -10- the recent grant application cycle, North Metro Mayors Association and the Highway 100 Council were very active in responding to the Metropolitan Council's criteria and giving points /credit to the suburbs with existing affordable housing. The North Metro Mayors Association is asking for $500 funding to continue working with the Metropolitan Council on its criteria for ranking projects and to conduct a study to further refine and justify criteria that would reflect existing housing and ways in which the Metropolitan Council's goals and objectives can be realized in this competitive process giving due consideration for existing housing. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the special member assessment to conduct study of Metropolitan Council's point allocation system for ISTEA funding and life cycle housing passed unanimously. STAFF REPORT REG ARDING TAX FORFRIT PROPERTY LOCATED ON THE SOUTH SIDE OF 69TH AVENUE. WFST OF HUM BOLDT AVENUE ( CONTINUED) Councilmember Peppe requested further discussion regarding the tax forfeit property. He raised a concern with regard to the tax forfeit property not being maintained if the City doesn't own it, and at the same time the City is conducting code enforcement to have properties cleaned up. Mayor Kragness asked if other property owners do not maintain their properties, does the City maintain it and then bill the owner and would we do this with Hennepin County. City Manager McCauley responded that the County's level of maintenance does not meet the needs of the community, and the City has undertaken the maintenance of these parcels. It was Council consensus to direct staff to report back to the Council on maintenance of tax forfeit property. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 7:55 p.m. passed unanimously. City Clerk Mayor 2/23/98 -11-