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HomeMy WebLinkAbout1996 11-25 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 NOVEMBER 25, 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 present: City Manager Michael J. McCauley, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORTS There were no Council reports. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve minutes of the November 12, 1996 -- Regular Session as printed passed unanimously. RESOLUTION NO. 96-230 Member Carmody introduced the following resolution and moved its adoption: 11/25/96 -1- RESOLUTION ACKNOWLEDGING A DONATION FROM THE BROOKLYN CENTER WOMEN'S CLUB FOR RECREATION PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. i RESOLUTION NO. 96-231 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING 1997 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO, 96-232 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1997 -08, REFORESTATION OF IMPROVEMENT PROJECT AREAS, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO. 96-233 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1996 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1996 -12, CONTRACT 1996 -D The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO. 96 -234 Member Carmody introduced the following resolution and moved its adoption: 11/25/96 -2- RESOLUTION SUPPORTING LEGISLATIVE EFFORTS FOR SHINGLE CREEK REGIONAL POND FUNDING The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. I LICENSES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following licenses passed unanimously. Christmas Tree Sales Malmborg's, Inc. 5120 Lilac Drive North Courtesy Bench U.S. Bench Corporation 3300 Snelling Avenue, St. Paul Mechanical Systems Heating & Cooling Two, Inc. 18550 County Road 81, Maple Grove Master Mechanical, Inc. 901 East 79th Street, Bloomington Rental Dwellings Initial: William Modell 3713 47th Avenue North Renewal: Presbyterian Homes Asst. Living Earle Brown Commons Twin Lakes Properties, LLP Twin Lakes Manor Terry L. Hartmann 6804 Fremont Place North Terry L. Hartmann 6809 Fremont Place North Ralph T. Guimont 5903 Halifax Place North Gary Scherber 4708 Lakeview Avenue North Howard & Harriet Oien 3606 58th Avenue North Eugene Hess 3218 63rd Avenue North Ruth Kalanquin 5348 70th Circle North Curtis Cady 1312 72nd Avenue North OPEN FORUM Jerald Blarney, of the Riverwood Neighborhood Association, spoke of the success achieved by the Association in cooperation with the City. He suggested a three -point proposal to insure redevelopment of the 10+ acre site in the Riverwood Neighborhood: 1) a resolution by the Council and EDA stating the beginning of redevelopment in 1997, with a timetable of stages; 11/25/96 -3- 2) resumption of regular meetings between the Association and the Community Development Director for planning and updates; and, 3) a cooperative effort with the Community Development Director and a committee of the Association to explore marketing possibilities and opportunities with developers, and to be in integral part of a marketing plan. Certificates of Appreciation "for outstanding service and contributions which have assisted in the growth and development of the Riverwood Neighborhood Association" were presented to: Mayor Kragness, Councilmembers Carmody, Hilstrom, Mann, and Nichols, Sr., City Manager McCauley, and Planning and Zoning Specialist Warren. (Community Development Director Hoffman and Community Development Specialist Bublitz will receive certificates, also.) PUBLIC HEARINGS APPLICATION FOR LICENSE TO OPERATE A PAWN SHOP AT 1964 57th AVENUE NORTH. SUITE 17, SUBMITTED BY CA H `N PAWN City Manager McCauley outlined the application before the Council. He advised that an issue regarding the license application existed due to unpaid real estate taxes on the parcel. The City Attorney would be asked to provide an opinion regarding eligibility since the ordinance precludes issuance of a license for a pawn shop where taxes are delinquent and unpaid. Full information on the tax situation would be given to the City Attorney. A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Jack Hartsoe, president/CEO of Cash `n Pawn International in St. Louis Park, stated that the pawn industry fills the void left by banks being unwilling to lend small loans for relatively short periods of time. Mr. Hartsoe further noted the general stigmatization of pawn businesses as negative, but pointed out that the Cash `n Pawn locations in several metro communities share a mutual working relationship with each police department and run respectable businesses. Mayor Kragness stated that the Brooklyn Center Police Department had done an extensive investigation into Cash `n Pawn International, its officers and board of directors. Other police departments in the metro with Cash `n Pawn locations noted the cooperative, honest working relationships with the Cash `n Pawn shops. Several residents spoke against issuing a license for a pawn shop to Cash `n Pawn: Deb Iverson, 2006 Ericon Drive; Steve Erdmann, 4919 61st Avenue North; Nancy Carlson, 6024 Aldrich Avenue North; Jim Dahlberg, owner of Acme Typewriter in Northbrook Plaza; and another resident. Mr. Hartsoe answered several Council questions relating to typical transactions and procedures, 11 /25/96 -4- fees, cooperation with police, and signage. He further explained that customers are typical people, not criminals, looking for a short-term, non - recourse loan. A representative of Welsh Companies, property managers of Northbrook Plaza, wanted to go on record with a positive recommendation for Cash `n Pawn. Welsh Companies have strived for stable improvements to the property, and tenant vacancy at Northbrook has dropped from 50 percent vacancy to 13 percent vacancy since February 1996. A motion by Councilmember Hilstrom and seconded by Councilmember Mann to close the public hearing passed unanimously. Council consensus was to table any action on the ordinance until the December 16, 1996, Council meeting in order to get clarification from City Attorney LeFevere regarding the issue of "delinquent" and "unpaid" taxes and whether the premises were eligible to be licensed. A motion by Councilmember Nichols and seconded by Councilmember Carmody to table the public hearing until December 16, 1996, passed unanimously. AN ORDINANCE AMENDING ORDINANCE NO. 95 -02 AS EXTENDED BY ORDINANCE NO. 96-4, EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS City Manager McCauley stated that this ordinance was an emergency ordinance necessary to extend the moratorium on the siting of adult establishments until March 30, 1997. This ordinance covers the gap between the current moratorium that ends in November and the effective date of the extension. Additional time is needed to study this issue, and the Planning Commission and Council will be meeting to resolve this issue. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing passed unanimously. There was no public input. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 96 -20 Member Mann introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO, 95 -02, AS EXTENDED BY ORDINANCE NO. 96-4, EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS 11/25/96 -5- The motion for the adoption of the foregoing ordinance was duly seconded by member Carmody and passed unanimously. PLANNING COMMISSION ITEM Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96020 submitted by Dakota Hospitality Company. This is a request for a Planned Unit Development (PUD) Amendment to build a 42,244 square foot, four -story Americlnn at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. The Planning Commission recommended approval of this application subject to the following considerations: 1. The development plans are compatible with the standards, purposes, and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The development plans will allow for the utilization of the land in question in a manner which is consistent with, complimentary to, and of comparable intensity to adjacent land uses as well as those uses permitted on surrounding land. 3. The utilization of the property as proposed under the development plan will conform with City ordinance standards and is considered to be a reasonable use of the property. 4. The development plans are considered compatible with recommendations in the City's Comprehensive Plan for this area of the City. 5. The development plan appears to be a good, long -range use of the existing land and can be considered to be consistent with other motel developments in the area and is in the best interest of the community. Don Wold, one of the Dakota Hospitality developers, was questioned about the three -year length of time in order to either develop or improve the part of the subject lot identified as "future development." Councilmember Carmody inquired if improvements to that portion of the development couldn't be achieved sooner than three years. Mr. Wold responded that they really need this length of time to insure a suitable companion venture at this location. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 96020 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 including appropriate easements are subject to 11/25/96 -6- 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. 4. Any outside trash disposal facilities and rooftop 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 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 with the exception of the east side of the parking lot as referenced in condition #14. 9. The applicant shall submit an as-built survey of the property, improvements, and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility storm drainage systems prior to issuance of permits. 11. The plan shall be modified in the following manner: A. To meet the 50 -foot building setback requirement from the Freeway Boulevard right -of -way line. B. To clarify the total number of units proposed for the development. C. Modification to the driveway access on Freeway Boulevard to be consistent with City Ordinance requirements and to provide proper radii for the two northerly accesses on Parkway Circle. D. To provide a concrete parking delineator /protector at the north end of the row of parking closest to the building. E. To provide details of the trash enclosure area showing material to be used to provide proper screening. 11/25/96 -7- 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 13. The applicant shall enter into a development agreement with the City of Brooklyn 1 Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. 14. The area identified on the site plan as "future development" shall be seeded in a manner to allow appropriate maintenance. If, after three years from the date of issuance of the building permits for this project, this area is not developed or improved, additional landscaping, underground irrigation, and B -612 curb and gutter shall be installed in accordance with City Ordinances. The performance guarantee for this project shall not be released in its entity until this area is developed or said required improvements have been completed. 15. Further development of the area identified "future development" is subject to amendment to this Planned Unit Development. The City will not allow this area to be developed as a fast food/convenience food restaurant or a gasoline service station. The development agreement mentioned in Condition #13 will acknowledge this restriction or limitation. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF WATERCRAFT ON TWIN LAKES, NEW SECTIONS 19-1900,19-1901, AND 19 -1902 City Manager McCauley presented an overview of the ordinance, tabled from the November 12, 1996, Council meeting, which amends Chapter 19 of the City Ordinances regulating water craft use on Twin Lakes. New sections on slow -no wake zones, exceptions, enforcement, and penalties would be added. This ordinance amendment comes from the Twin Lakes Use Task Force after two years of consideration. Mr. McCauley presented copies of minutes of task force meetings, various correspondence items, and other information pertaining to the issue, along with copies of materials from the cities of Crystal and Robbinsdale. Councilmember Carmody noted that this ordinance amendment was the "fruit of the task force's labor," but wondered if this amendment was a "heavy hammer" beyond the watercraft statutes as mandated by the State at present. Other aspects discussed included land erosion at high water levels and possible establishment of additional speed controls at those times; additional signage posted regarding speed limits; 11/25/96 -8- i and affording additional personnel/resources in order to enforce the stricter requirements of this amendment. Council consensus was to dro p this issue for now. Letters will be sent to the cities of Robbinsdale and Crystal stating Brooklyn Center's intention not to adopt this ordinance amendment. Rick Arntson, 4224 Lakeside Avenue North, asked Council to consider allowing parking on the street again near the access at Twin Lake Beach. Councilmember Nichols remarked that he helped establish the restricted parking in that area and doesn't care to change the restrictions. Paul Oman, 5239 Twin Lake Boulevard East, outlined his recent letter to City Clerk Sharon Knutson regarding several restrictions imposed by the city of Robbinsdale at its public launch which directly affect the use of Middle and Upper Twin Lakes and is the core of this issue. Council consensus was to discuss options of resolving this issue with Robbinsdale in the future. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES RELATING TO THE REGULATION OF CHARITABLE GAMBLING. SECTION 11 -717 PARAGRAPH 2 City Manager McCauley outlined the change in ordinance language dealing with leases between the licensee and the charitable organization. The current restriction of $700 per month maximum rent charged would be changed to an amount of rent not to exceed that authorized by law. A motion by Councilmember Hilstrom and seconded by Councilmember Nichols to approve the first reading of the ordinance and set December 16, 1996, for a public hearing and second reading passed unanimously. SET DATE FOR COUNCIL WORK SESSION FOR MONDAY, DECEMBER 2. 1996. AT 7 P.M.. CONFERENCE ROOM B. CITY HALL A motion by Councilmember Mann and seconded by Councilmember Carmody to set the date of December 2, 1996, 7 p.m.,Conference Room B, City Hall, for a Council work session passed unanimously. SET DATES FOR MEETINGS WITH CITY ADVISORY COMMISSIONS A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the following dates for meetings with City Advisory Commissions passed unanimously. February Housing Commission 11/25/96 -9- March Park and Recreation Commission April Human Rights and Resources Commission May Financial Commission September Planning Commission October Charter Commission The joint meeting would be scheduled for the commission's regular meeting during the designated month as requested by the Council. SET DATE FOR FACILITATED COUNCIL WORKSHOP FOR THURSDAY FEBRUARY 20. 1997. AT 2 P.M.. EARLE BROWN HERITAGE CENT R A motion by Councilmember Mann and seconded by Councilmember Carmody to set the date of February 20, 1997, 2 p.m., Earle Brown Heritage Center, for a facilitated Council workshop passed unanimously. The facilitator will be Carl Neu. RESOLUTION STATING THE CITY COUNCIL'S POSITION ON BROOKLYN BO LEVARD MPROVEMENTS City Manager McCauley discussed the Council's request that Hennepin County proceed with a mill and overlay project on Brooklyn Boulevard with consideration given to the advisability of a continuous center median between the I -694 interchange and 69th Avenue North to reduce the incidence of traffic accidents due to unrestricted left turn activity along Brooklyn Boulevard. The Metropolitan Council will be notified that the City of Brooklyn Center will not be in a position to utilize the ISTEA TEP funding for the Brooklyn Boulevard Enhancement project prior to its sunset date. The City Manager further noted the Council's position that until the total costs are identified and the City would find sufficient resources to undertake the project, staff would continue to work with Hennepin County and Mn/DOT on developing this additional information and to explore future grant funding, to seek replacement for grant funding that will be lost due to the timing of the delayed project. The potential complete widening project to provide greater traffic movement and the desired enhancements identified by the Citizens Advisory Committee will not be undertaken until the entire project can be accomplished as per the Council's direction. RESOLUTION NO. 96-235 Member Nichols introduced the following resolution and moved its adoption: RESOLUTION STATING THE CITY COUNCIL'S POSITION ON BROOKLYN BOULEVARD IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 11/25/96 -10- MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION Mayor Kragness has requested that Council ratify the nomination of Jerald Blarney, 7136 Willow Lane North, to the Financial Commission to fill the unexpired term of Phillip Roche, term to expire December 31, 1997. A motion by Councilmember Nichols and seconded by Councilmember Carmody to approve the nomination of Jerald Blamey to serve on the Financial Commission passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:50 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 1 1/25/96 -11-