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HomeMy WebLinkAbout1998 06-08 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 JUNE 8, 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. 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, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and Ci ty Clerk Sharon Knutson. INFORMAL OPEN FORUM Kevin Sitter, 5725 June Avenue North, addressed the Council with concerns regarding the preliminary plat approval for 5621 Indiana Avenue North, specifically relating to the linkage of June and Indiana Avenues North. He requested a meeting of the neighbors, the developer, and the Council. There was discussion regarding the Council- approved preliminary plat and whether or not it could be modified. City Attorney Charlie LeFevere said the City has very little latitude in saying "no" to the street linkage as it is part of the Council- approved preliminary plat. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn informal open forum passed unanimously. Informal open forum adjourned at 6:57 p.m. 2. INVOCATION The invocation was offered by Jerry Blarney, representing Cross of Glory Lutheran Church. 3. CALL TO ORDER REGULAR BUSINESS MEETING 6/8/98 -1- The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 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, Director of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren, Director of Community Development Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Lasman reported on the ribbon cutting ceremony for the grand re- opening of Centerbrook Golf Course and invited residents to visit the course. Councilmember Carmody announced that the Association of Rental Managers (ARM) annual bus tour of multi - family buildings in Brooklyn Center would be held Tuesday, June 9, 1998. 6. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley requested the following two additions to the Council agenda: 1) Item 9h, An Ordinance Vacating a Portion of 4th Street North; and 2) Item 9i, Discussion of City Auction. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda as amended passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the May 18, 1998, Special Work Session, and May 26, 1998, Regular Session, passed unanimously. 6b. APPROVAL OF APPLICATION FOR EXEMPT PERMIT FROM GOODWILL/EASTER SEAL TO HOLD RAFFLE ON JULY 24 AND 25, 1998, AT EARLE BROWN HERITAGE CENTER, 6155 EARLE BROWN DRIVE A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the application for exempt permit from Goodwill/Easter Seal to hold a raffle on July 24 and 25, 1998, at Earle Brown Heritage Center, 6155 Earle Brown Drive, passed unanimously. 6/8/98 -2- 6c. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, 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 RESOLUTION NO. 98-95 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, 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 econded b member Lasman and p g g Y Y passed unanimously. 6d. RESOLUTION PROHIBITING PARKING ON JOHN MARTIN DRIVE FROM SHINGLE CREEK PARKWAY TO T.H. 100 RESOLUTION NO. 98 -96 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROHIBITING PARKING ON JOHN MARTIN DRIVE FROM SHINGLE CREEK PARKWAY TO T.H. 100 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and - passed unanimously. 6e. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH Mn/DOT REGARDING UPGRADE OF TRAFFIC SIGNALS AT T.H. 100 AND COUNTY ROAD 10 RESOLUTION NO. 98 -97 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH Mn/DOT 6/8/98 -3- REGARDING UPGRADE OF TRAFFIC SIGNALS AT T.H. 100 AND COUNTY ROAD 10 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6E RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98-98 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 Lasman and passed unanimously. 6g. I LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses passed unanimously. AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Brooklyn Center Community Center 6301 Shingle Creek Parkway Earle Brown Bowl 6440 James Circle Davanni's 5937 Summit Drive Fuddrucker's 5800 Shingle Creek Parkway Lynbrook Bowl 6357 North Lilac Drive MCTO 6845 Shingle Creek Parkway AMUSEMENT DEVICES - VENDOR American Amusement Arcades 2100 West 96th Street, Bloomington CDL 12322 Business Park Blvd N, Champlin MECHANICAL SYSTEMS Northwest Sheetmetal Co. of St. Paul 110 Sycamore Street W, St. Paul River City Sheetmetal, Inc. 10105 Linnet Street NW, Coon Rapids MOTOR VEHICLE DEALERSHIP 6/8/98 -4- R. L. Brookdale Motors, Inc. 6801 Brooklyn Boulevard RENTAL DWELLINGS Renewal: KMS Management, Inc. Ryan Lake Apartments KMS Management, Inc. Shingle Creek Apartments Barbara and Maurice Moriarty 2825 67th Lane N Gregory Lutgen 7216 Brooklyn Boulevard Jay Nelson Battenberg 5235 Drew Avenue N Roland Scherber 5243 Ewing Avenue N Robert and Marilyn Cashman 5430 Humboldt Avenue N Brett Parker 5242 Lakeside Place Steve Loechler 5736 Logan Avenue N Gerard Moss and Brett Hildreth 5519 Lyndale Avenue N SIGN HANGER Imaginality, Inc. 6182 Olson Memorial Hwy, Golden Valley TAXICAB Town Taxi, #123 7000 57th Avenue North, Crystal 7, PUBLIC HEARINGS 7a. AN ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK City Manager McCauley explained the public hearing on this ordinance was tabled from May 26, 1998, due to a publication error by the Sun -Post and rescheduled to this evening. He stated this proposal has been discussed for several years, and this is necessary for the creation of a plat for the Bellvue Lane project which is part of the 53rd Avenue Linkage project. It includes the sale of a small portion of land used for park purposes which will be used as part of the 53rd Avenue Linkage project and sold off as lots. A motion by Councilmember Lasman and seconded by Councilmember Carmody to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. ORDINANCE NO. 98 -01 6/8/98 -5- Member Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK The motion for the adoption of the foregoing ordinance was duly seconded by member Carmody and passed unanimously. 7b. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS City Manager McCauley explained this ordinance amendment is the result of a Council request and has had several drafts prepared by the Police Department and City Attorney's office. It would include exemptions for flea markets, sales of furniture (excluding electronic devices), sales of clothing (consignment), sales of recycled motor oil, sales by charitable organizations selling donated goods, sales of antiques or collectibles, sales of used books and magazines, resale of merchandise returned to the seller after an initial sale by the seller, and sales of used toys. It also includes additional reporting and receipting requirements by the Police Department, identification markings,. and holding period. Councilmember Hilstrom raised the question of the effect of the ordinance amendment on businesses such as FuncoLand and Disc -Go- Round. City Attorney LeFevere said the restrictions in the proposed ordinance are eased, and the businesses selling computer cartridges and diskettes are required to maintain certain records of a transaction so there is some control, but not as restrictive as secondhand goods dealers. Councilmember Carmody inquired if FuncoLand or Disc -Go -Round had been notified of the proposed ordinance. City Attorney LeFevere said he believed the Police Department had obtained information from representatives of FuncoLand regarding practices of the business, but he was not aware of special notification of the proposed ordinance. Councilmember Carmody raised the question of the effective, 'date of the ordinance. Mr. McCauley responded July 17. A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. Councilmember Hilstrom requested the public hearing be continued to the next Council meeting in order to notify FuncoLand and Disc -Go -Round of the proposed ordinance. There was a motion by Councilmember Peppe to close the public hearing. The motion was later 6/8/98 -6- removed. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to continue the public hearing until June 22, 1998. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 98008 SUBMITTED BY THE EDA OF THE CITY OF BROOKLYN CENTER REQUESTING PRELIMINARY PLAT APPROVAL City Manager McCauley explained that Planning Commission Application No. 98008 was submitted by the EDA of the City of Brooklyn Center requesting preliminary plat approval. The conditions of the preliminary plat have been met, and a resolution approving final plat is also included. Planning and Zoning Specialist Ron Warren reviewed the request submitted by the EDA to divide 28 parcels of land into 15 residential lots. The location is between 4th Street North and Bryant Avenue North, north of 53rd Avenue. There is a rezoning application on the June 11, 1998, Planning Commission agenda to rezone two lots currently zoned R4 (multi - family) to R2 (one and two - family residence). The Planning Commission reviewed the application at its May 14, 1998, meeting and tabled it to give City representatives an opportunity to meet with Hennepin County and Minneapolis representatives to discuss the proposal. The Planning Commission recommended approval of the application at its May 28, 1998, meeting with slight modifications to the plat to provide for three lots instead of four on the west end of the Bellvue Lane cul -de -sac and to accommodate adjustments to the location of the easements for sewer and water lines. Mr. Warren reviewed the three conditions recommended by the Planning Commission and noted that the recommended conditions have been met, and the final plat is offered for approval. Councilmember Hilstrom asked why the zoning was R2 and not Rl. City Manager McCauley explained the zoning is consistent with the area. Mr. Warren defined the R2 zoning district and explained if the zoning were changed to Rl there would be nonconforming uses. Councilmember Hilstrom raised the question of when the rest of the issues such as fences and design of houses would be back before the Council. Mr. McCauley responded approximately four to six weeks. There was a motion by Councilmember Lasman and seconded by Councilmember Carmody to approve Planning Commission Application No. 98008 submitted by the Economic Development Authority of the City of Brooklyn Center requesting preliminary plat approval subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 6/8/98 -7- 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this plat acknowledges the need to rezone the proposed Lots 1, 2, and 3, Block 2, from R -4 to R -2. The platting process may proceed, however, no building permits for said lots may be issued until the rezoning process has been completed. The motion passed unanimously. RESOLUTION NO. 98 -99 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT — BELLVUE LANE ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. SET DATE AND TIME OF COUNCIL MEETINGS City Manager McCauley explained that the Council had requested a special meeting with the residents of Shingle Creek Tower to discuss the proposal of the tentative new owner. A motion by Councilmember Lasman and seconded by Councilmember Carmody to set Tuesday, June 23, 1998, 7 p.m., Shingle Creek Tower, 6221 Shing1c Creek Parkway, as a special session passed unanimously. Mr. McCauley requested approval of a number of work session dates to discuss the budget and general issues. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to set August 17, August 31, October 19, and November 16, 7 p.m., City Hall Conference Room B, as general Council work sessions passed unanimously. Mr. McCauley requested approval of a tentative meeting at Brookdale for the Council to view the model and videotape of the proposed Brookdale redevelopment. A motion by Councilmember Carmody and seconded by Councilmember Lasman to set June 29 and June 30,1998, 7 p.m., Brookdale Community Room, as a Council work session passed unanimously. 9b. PROCLAMATION DECLARING JUNE x.3,1998, AS HALL OF FAME DAY 6/8/98 -8- Mayor Kragness read the proclamation and expressed congratulations to Mr. Henry Dorff on his induction into the Brooklyn Center Hall of Fame. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve proclamation declaring June 13, 1998, as Hall of Fame day'passed unanimously. 9c. RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR EARLE BROWN HERITAGE CENTERTARKING LOT City Manager McCauley requested this item be tabled to the next meeting to receive confirmation from the developer of acceptance of the proposed agreement terms. A motion by Councilmember Carmody and seconded by Councilmember Lasman to table to the next Council meeting a resolution authorizing acquisition of property for Earle Brown Heritage Center parking lot passed unanimously. 9d. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EXTENDED STAY AMERICA) City Manager McCauley explained this ordinance was tabled after a public hearing pending final plat approval. Councilmember Hilstrom inquired how the contractor could begin work without the final plat approval. City Manager McCauley explained that the property owner is doing the ground work. Mr. Warren explained the owner of the property is taking a risk, but it still is a legal lot on which to build. A motion by Councilmember Lasman and seconded by Councilmember Peppe to remove the ordinance from the table passed unanimously. ORDINANCE NO. 98-02 Member Lasman introduced the following ordinance and m..cived its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EXTENDED STAY AMERICA) The motion for the adoption of the foregoing ordinance was duly seconded by member Peppe and passed unanimously. 6/8/98 -9- 9e. AN ORDINANCE AMENDING ORDINANCE NO. 96 -11 REGARDING COUNCIL SALARIES FOR 1999 -2000 =' City Manager McCauley said this ordinance is the result of the Financial Commission recommendation to increase Council salaries by three percent in each of the years 1999 and 2000. A motion by Councilmember Lasman and seconded by Councilmember Carmody to approve first reading of an ordinance amending Ordinance No. 96 -11 regarding Council salaries for 1999 -2000 and set July 13, 1998, as second reading and public hearing passed unanimously. 9f. STAFF REPORT REGARDING PROPOSED MEDIAN ON 66TH AVENUE FOR PROPOSED HOLIDAY STATION City Manager McCauley said at the last Council meeting the analysis for a broken median on 66th Avenue from T.H. 252 to Camden Avenue was reviewed. It is requested the Council approve the installation of the first phase of the broken median concept. Councilmember Hilstrom raised the question of whether or not the developer would be required to pay for both portions of the broken median. Mr. McCauley responded that the developer would pay for the first phase. Director of Public Works Diane Spector reviewed the three options identified for 66th Avenue: 1. Do nothing except restripe the median on 66th. This would result in conflicting traffic movements between SuperAmerica and Holiday. The offset driveways would create sight problems for turning movements. Existing stacking traffic problems would not be corrected. 2. Construct a continuous median from T.H. 252 to Camden Avenue. There would not be full access to the parcels on both the north and south sides of 66th. It would cause drivers to make U -turns at either Camden Avenue or T.H. 252. 3. Construct a broken median which would allow full access to parcels on the north and south sides of 66th midway between T.H. 252 and Camden Avenue. Through traffic would not be impeded as there are multiple lanes on 66th Avenue, so the stacking left turn lanes are adequate. Ms. Spector explained that Staff recommends that only the easternmost portion of the median be constructed at this time. The intersection at Camden would have to be revised with additional turn lanes and potentially a traffic signal in accordance with s specific development proposal, when such a proposal is presented in something more than conceptual form. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve 6/8/98 -10- installation of the first phase of the broken median concept along 66th Avenue passed unanimously. 9g. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, NEW TELEPHONE SYSTEM FOR CITY HALL AND OTHER LOCATIONS City Manager McCauley said that a new telephone system for City Hall and other facilities was included in the 1998 Capital Outlay Budget. This system would be for City Hall, Community Center, East Fire Station, Earle Brown Heritage Center, Public Works facility, and Centerbrook Golf Course. Councilmember Hilstrom raised the issue that a number of the locations are enterprises and inquired if the enterprise funds would be budgeted for the cost. Mr. McCauley responded that a proportionate amount would be charged against the enterprise funds. Councilmember Hilstrom inquired as to the life expectancy of the new phone system. Mr. McCauley responded approximately ten years. RESOLUTION NO. 98 -100 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, NEW TELEPHONE SYSTEM FOR CITY HALL AND OTHER LOCATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9h. AN ORDINANCE VACATING A PORTION OF 4TH STREET NORTH City Manager McCauley explained the street vacation is required in order to file the plat with Hennepin County. A motion by Councilmember Lasman and seconded by Councilmember Carmody to approve first reading of an ordinance vacating a portion of 4th Street North and setting July 13, 1998, as second reading and public hearing passed unanimously. 9i. DISCUSSION OF CITY AUCTION City Manager McCauley explained that in previous discussions with Council regarding the auction the method for publication would be the City newsletter and advertisement in the Brooklyn Center Sun -Post. Through a communication error the ad was placed in the Minneapolis Star Tribune. The auction is scheduled for Saturday, June 13, at Anoka - Fridley Auctions, 17010 Highway 10, Big Lake. The auction house has distributed and posted several flyers advertising the auction. Mr. 6/8/98 -11- McCauley inquired if there were any objections by Council to go forward with the scheduled auction on Saturday, June 13. Councilmember Hilstrom inquired if the Council would be requested to approve future auctions. Mr. McCauley responded that Staff would proceed with scheduling future auctions and re- evaluate this p rocedure after one year. Council consensus was to proceed with the City auction as scheduled. 10. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to adjourn the meeting at 7:48 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Sharon Knutson 6/8/98 -12-