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HomeMy WebLinkAbout1996 10-28 CCM Regular Session i 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 28, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also resent: City Manager Michael J. McCauley, Services Director Diane Spector, p t3' g Y, P , Planning & Zoning. Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT There were no Council reports. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve minutes of the October 7, 1996 -- Special Work Session and October 15, 1996 -- Regular Session as printed passed unanimously. 10/28/96 _1 _ RESOLUTION NO. 96 -210 Member Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR BANKING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 96 -211 Member Mann introduced the following resolution and moved its adoption: RESOLUTION CONVEYING CITY -OWNED LAND AND A TRAIL EASEMENT TO THE SUBURBAN HENNEPIN REGIONAL PARK DISTRICT FOR PARK PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SITE PERFORMANCE GUARANTEE RELEASE A motion by Councilmember Mann and seconded by Councilmember Carmody to authorize the release of a Site Performance Guarantee for Twin View Meadows Development (51 st Avenue, northwest of France Avenue) passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following licenses passed unanimously. Christmas Tree Sales Jimmy Benz 3701 50th Avenue North Mechanical Systems Air One Mechanical Corporation 6317 Welcome Ave N, Brooklyn Park Dave's Refrigeration 1601 37th Ave NE, Columbia Heights Rental Dwellings Initial: Ardella Hutchinson 5307 Camden Avenue North Navin Patel 5211 France Avenue North Daniel Weber 3218 O'Henry Road Raymond Johnson 7009 Unity Avenue North Renewal: Bruce Powers/Ken Belgarde Hi -Crest Apartments 10/28/96 -2- i OPEN FORUM Pastor Judy Fornara from the Spiritual Life Church in Brooklyn Center expressed the church's desire to build a new church building and Christian educational facility on a 4.41 acre site in Brooklyn Center on Freeway Boulevard. Councilmember Carmody expressed her concern about the safety of children attending a school on a site heavily trafficked due to the commercial /industrial development in the area. Jim Soderberg, 6401 Camden Avenue North (Melrose Gates), discussed his concerns with the proposed 53rd Avenue Development and Linkage Project. He suggested the City focus on the issue of high crime in several apartment neighborhoods instead by channeling $5,000 per apartment unit into rehabilitation of the apartment buildings. Councilmember Carmody discussed that the city should not renovate private property for the profit of the owners. Councilmember Nichols asked the City Attorney's opinion on the issue of city subsidization of apartment buildings. City Attorney LeFevere responded by suggesting that there may be avenues through the HRA and EDA in which certain rehabilitation may be undertaken. Mayor Kragness closed open forum. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 96015 SUBMITTED BY LANDFORM ENGINEERING COMPANY (This matter was considered along with Planning Commission Application No. 96018 as they were related Applications.) PP ) Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96015 submitted by Landform Engineering Company requesting plat approval to subdivide into two lots the property located at the northeast quadrant of 63rd Avenue North and Brooklyn Boulevard. The property in question is the site of the proposed Rainbow Food store development project. Lot 1 is the proposed site of a Walgreen's pharmacy. Lot 2 is the proposed site of a Rainbow Food store and other retail outlet and a freestanding building for commercial use. Lot 1 is irregularly shaped and short the minimum required parking spaces for a drug/pharmacy building. Before final plat approval, Landform Engineering needed to apply for a Special Use Permit to provide for off -site parking on Lot 2 encumbered for the sole use of Lot 1. There is a surplus of parking spaces on Lot 2, and 24 spaces lying close to the Walgreen's site would be dedicated parking from the accessory off -site lot to the principal lot by means of a legal encumbrance. Councilmember Carmody inquired about the ease of selling either parcel with deed restrictions. Mr. Warren responded that commercial title work would guarantee compliance per the zoning ordinance with the encumbrance for required parking. 10/28/96 _3_ Mr. Darren Lazan, Landform Engineering Company, responded to an inquiry of when construction would begin at the site. Mr. Lazan stated that the asbestos abatement was nearly complete, and they've Y p y e worke hard to resolve environmental and ponding issues in order to start the project before the end of the year. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to approve Planning Commission Application No. 96015 submitted by Landform Engineering Company subject to the following conditions recommended by the Planning Commission: 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) The existing building on the site shall be demolished prior to final plat approval. 4) Preliminary plat approval is subject to the approval of Planning Commission Application No. 96018 for off -site accessory parking. An appropriate document legally encumbering a minimum of 20 off - site parking spaces on the proposed Lot 2 for the sole use of the proposed Lot 1 shall be approved by the City Attorney and filed with the final plat for this property. 5) Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as part of this plat. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 96018 SUBMITTED BY LANDFORM ENGINEERING COMPANY Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96018 submitted by Landform Engineering Company requesting special use permit approval for accessory off -site parking in the proposed Rainbow Garden City Addition comprehended under Planning Commission Application No. 96015. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to approve Planning Commission Application No. 96018 submitted by Landform Engineering Company requesting special use permit approval for accessory off -site parking in the proposed Rainbow Garden City Addition comprehended under Planning Commission Application No. 96015 subject to the following conditions recommended b the Planning Commission: Y b 10/28/96 _4_ i 1) The special use permit is granted to allow a minimum of 20 parking spaces on the proposed Lot 2, Block 1, Rainbow's Garden City Addition, to be legally encumbered for the sole use of the proposed Lot 1, Block 1, Rainbow's Garden City Addition. 2) A legal encumbrance, in a form approved by the City Attorney, shall be filed with the final plat comprehended under Planning Commission Application No. 96015. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 96019 SUBMITTED BY LANDFORM_ ENGINEERING COMPANY Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96019 submitted by Landform Engineering Company requesting preliminary plat approval to subdivide into three lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard, westerly of the Schmitt Music site. The purpose of this subdivision is to create three legal lots based on three separate uses of the site. Adequate parking for each of the separate uses and proportionate division of the wetland and flood plain area between the properties is provided. The subdivision will create Lot 1 (3.96 acres), site of TGI Friday's Restaurant; Lot 2 (5.30 acres), site of an 85 -unit Country Inn and Suites; and Lot 3 (3.82 acres), site of a (yet undetermined) restaurant. Appropriate cross access and parking agreements are required for inclusion in the final plat. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 96019 submitted by Landform Engineering Company to subdivide into three lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard, westerly of the Schmitt Music site subject to the following conditions recommended b the Planning J g Y g Commission: 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) Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as part of the final plat. The motion passed unanimously. 10/28/96 -5- COUNCIL CONSIDERATION ITEMS MAYORAL APPOINTMENT OF TWO MEMBERS TO SERVE ON HOUSING COMMISSION Mayor Kragness requested Council ratification for the nominations of Michael desParois and Mark Yelich to the Housing Commission. Clarification was sought as to which nominee would serve which term. Mr. desParois will fill the vacancy expiring in 1996, and Mr. Yelich will fill the vacancy expiring in 1998. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to confirm the mayoral appointment of Michael desParois and Mark Yelich to serve on the Housing Commission for the agreed upon terms passed unanimously. RESOLUTION ESTABLISHING COLD WEATHER SHUT OFF MORATORIUM FOR RESIDENTIAL USERS City Manager McCauley outlined the proposed resolution that reflected the Council's interest at a work session in having a cold weather shut off policy of city utilities rather than certify delinquent bills as a special assessment. The suggested test period is from November 1, 1996, through April, 1997. The resolution implements a policy of not shutting off residential water service during winter months, with review of the policy at the end of the winter season. RESOLUTION NO.96 -212 Councilmember Nichols introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING COLD WEATHER SHUT OFF MORATORIUM FOR RESIDENTIAL USERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE MODIFICATION OF TH REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO I AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 City Manager McCauley discussed modification of the tax increment district for Brookdale and the surrounding area. Since the area was certified, negative pressures on the value of Brookdale have substantially decreased the market value of the property below the base value established for the district. This results in a situation where no tax increment would be available to assist in the redevelopment of Brookdale and surrounding areas for the first $20 million of redevelopment activity. Modification of the TIF district is necessary to readjust the base to the present value. The current substantial drop in value cai be addressed through the proposed knock down to the current value as the base. 10/28/96 -6- Mr. McCauley further discussed engaging the services of Springsted, Inc., for the financial service work and Dorsey & Whitney for the legal work required. Mr. McCauley noted that both firms were prepared to work within the time frame of the city's needs and were experienced with this issue. RESOLUTION NO. 96 -213 Member Mann introduced the following esolution and moved its adoption: g P RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 3 The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO 91 -277, A RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE FDA FUND. THE CAPITAL IMPROVEMENTS FUND. THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND City Manager McCauley discussed amending a previous resolution which p rovided for the creation of an endowment to use for EDA projects. This resolution allows for the use of the endowment principal in order to help finance the 53rd Avenue Development and Linkage Project. RESOLUTION NO. 96 -214 Member Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION N0.91 -277, A RESOLUTION CLOSING THE 1976 SPECIAL ASSESSMENT DEBT SERVICE FUND AND TRANSFERRING THE REMAINING FUNDS TO THE EDA FUND, THE CAPITAL IMPROVEMENTS FUND, THE SPECIAL ASSESSMENT CONSTRUCTION FUND, AND THE PARK BONDS OF 1980 DEBT SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 10/28/96 -7- RESOLUTION ESTABLISHING POLICY REGARDING THE USE OF CITY WATER TOWERS FOR PERSONAL WIRELESS SERVICE FACILITIES City Manager McCauley discussed the issue of siting of personal wireless service towers on the city wate towers. City staff and the Planning Commission have addressed the issue to the extent possible given it is relatively new technology and inquiries by vendors have been made. This resolution approves a policy on the issue, establishes an application fee and minimum monthly lease fee, and authorizes the City Attorney and City Manager to negotiate leases. No lease is effective until ratified by the City Council. Councilmember Nichols expressed concern about these towers being subject to lightening strikes and potential liability. Public Works Director Diane Spector commented that often the antennas are paneled antennas, attached flat to the tower and not extending up into the air. RESOLUTION NO. 96 -215 Member Nichols introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING POLICY REGARDING THE USE OF CITY WATER TOWERS FOR PERSONAL WIRELESS SERVICE FACILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. AN ORDINANCE AMENDING ORDINANCE NO. 95-02, AS EXTENDED BY RDINAN E NO.96 -4 EXTEND THE MORATORIUM ON THE SITING OF ADULT ESTABLIS City Manager McCauley discussed the need for additional time for the study of siting of adult establishments, thus extending the moratorium until March 30, 1997. He advised that an emergency ordinance would be prepared to cover the gap between the current moratorium that ends in November and the effective date of the extension. Mr. McCauley also stated he wanted to schedule a joint meeting or meetings with the Planning Commission to resolve this issue. The Planning Commission will then have time to make its recommendation on a final ordinance amendment for Council consideration. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the first reading of the ordinance and set a public hearing and second reading for the November 25, 1996, meeting. 10/28/96 -8- ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:17 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 10/28/96 -9-