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HomeMy WebLinkAbout1998 11-23 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 NOVEMBER 23, 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 at 6:50 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, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. INFORMAL OPEN FORUM Dan Kealey from Disc Go Round addressed the Council regarding the recently adopted ordinance on pawnshop /secondhand goods. Mr. Kealey expressed concern on the fees and asked the Council to re -open for discussion. Mr. McCauley explained the City Attorney is working with the Police Department on a proposal and this item will be on the December 14, 1998, agenda. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Ernee McArthur offered an invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:04 p.m. 11/23/98 -1- 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, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Crime Prevention meeting on November 18, 1998, and that there are now 149 neighborhood watch groups participating. She informed the Council there will be a holiday shopping spree fundraiser on November 30, 1998, from 6:00 p.m. to 8:00 p.m. at the Community Center, and a fundraising golf tournament on May 21, 1999. Councilmember Carmody wished to thank Mayor Kragness for attending on her behalf the final Park and Recreation Commission meeting. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the minutes from the Special Work Session on November 16, 1998, and Regular Session on November 9, 1998. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES - OPERATOR Yun's Restaurant d/b /a Denny's 6405 James Circle North CHRISTMAS TREE SALES LOT PQT Company 5801 Xerxes Avenue North PQT Company 5040 Brooklyn Boulevard 11/23/98 -2- MECHANICAL SYSTEMS Commercial Plumbing and Heating, Inc. 3151 101st Avenue NE, Blaine Pierce Refrigeration 1920 2nd Avenue South, Anoka RENTAL DWELLING Renewal: Terry Hartmann 6809 Fremont Place North John/Gail Lambert 5900 Washburn Avenue North Lyle Miller 3501 47th Avenue North Allan Olson 7112 Riverdale Road Allan/Vicki Olson 7111 Riverdale Road SING HANGER Attracta Sign 7420 West Lake Street, St. Louis Park 6c. APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR SOUTHERN ANOKA COUNTY CHAMBER OF COMMERCE A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the application for exemption from lawful gambling license for Southern Anoka County Chamber of Commerce. Motion passed unanimously. 6d. APPLICATION TO CONDUCT EXCLUDED BINGO AT ORCHARD LANE ELEMENTARY SCHOOL A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve the application to conduct excluded bingo at Orchard Lane Elementary School. Motion passed unanimously. 6e. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31,1998 RESOLUTION NO. 98-198 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 1998 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11/23/98 -3- 7. PLANNING COMMISSION ITEMS 7a. PLANNING COMMISSION APPLICATION NO. 98021 SUBMITTED BY WILLIAM R. STONER, STONER AND ASSOCIATES. REQUEST FOR REZONING FROM C -2 (COMMERCE) TO C -1 (SERVICE /OFFICE) FOR THE PROPERTY LOCATED AT 5001 DREW AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 12,1998, MEETING. City Manager Michael McCauley discussed Planning Commission Application No. 98021 submitted by William R. Stoner, Stoner and Associates requesting rezoning from C -2 (Commerce) to C -1 (Service /Office) for the property at 5001 Drew Avenue North. This matter was considered by the Planning Commission at its November 12, 1998, meeting and was recommended for approval through Planning Commission Resolution No. 98 -05. It is recommended that the City Council approve a resolution approving the application offered in consideration of the following: 1. The proposed rezoning to the C -1 zoning designation is considered to be a public benefit by limiting the uses of the property to a less intense commercial use which is considered to be more compatible with surrounding property, particularly the R -1 zoned property to the north. 2. All permitted uses in the proposed C -1 zoning district can be contemplated for development or redevelopment on the subject property. 3. The subject property will bear fully the ordinance development restrictions for the C -1 zoning district. 4. The property in question is considered to be more suitable for a C -1 rather than a C -2 zoning designation given the surrounding land uses. The C -1 rezoning will rule out more intense and perhaps less desirable commercial uses which are otherwise allowed in the C -2 district. I 5. Limiting the commercial utilization of this property to a less intense, less intrusive service /office zoning designation is considered to be in the best interests of the community. 6. In light of the above, it is believed that the proposed rezoning is consistent with the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance and is, therefore, in the best interests of the community. 11/23/98 -4- I RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98021 SUBMITTED BY WILLIAM R. STONER RESOLUTION NO. 98 -199 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98021 SUBMITTED BY WILLIAM R. STONER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (5001 DREW AVENUE NORTH) A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of an ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land (5001 Drew Avenue North), and set Public Hearing for December 14, 1998. Motion passed unanimously. 7b. PLANNING COMMISSION APPLICATION NO. 98023 SUBMITTED BY ROMAN MUELLER, SPEEDWAY SUPERAMERICA LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO TRANSFER PROPERTY FROM THE NEWLY CREATED REGAL ROAD ADDITION TO THE SUPERAMERICA SITE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 12,1998, MEETING. 7c. PLANNING COMMISSION APPLICATION NO. 98024 SUBMITTED BY ROMAN MUELLER, SPEEDWAY SUPERAMERICA LLC. REQUEST FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A 24'X 36' FREESTANDING CAR WASH ADDITION TO THE EXISTING SUPERAMERICA SITE, 6545 WEST RIVER ROAD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 12,1998, MEETING. 11/23/98 -5- Mr. McCauley discussed item 7b, Planning Commission Application No. 98023 submitted by Roman Mueller, Speedway SuperAmerica LLC requesting for preliminary plat approval to transfer property from the newly created REGAL ROAD ADDITION to the SuperAmerica site, and item 7c Planning Commission Application No. 98024 also submitted by Roman Mueller requesting for site and building plan and special use permit approval to construct a 24' x 36' freestanding car wash addition to the existing SuperAmerica site, 6545 West River Road. The Planning Commission recommended approval of these applications at its November 12, 1998, meeting subject to the following conditions: Planning Commission Application No. 98023 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 drainage and utility easements shall be shown over the proposed Lot 1, Block 1, to protect existing sanitary sewer in a manner acceptable to the City Engineer. 4. Appropriate driveway and cross access easements indicating the relationship between the proposed Lots 1 and 2 shall be filed with the final plat for this property. Planning Commission Application No. 98024 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 an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities or on ground mechanical equipment shall be appropriately screened from view. 5. An underground irrigation system shall be installed and maintained in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 11/23/98 -6- 7. B -612 curb and gutter shall be provided around all parking and driving areas in accordance with requirements of the City's zoning ordinance. 8. A special use permit is granted to Speedway SuperAmerica LLC for the construction of a car wash in conjunction with its already existing gasoline service station/convenience store. Any expansion or alteration of the use shall require an amendment to the special use permit granted. 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 10. The plans shall be modified prior to the issuance of building permits to show a 15 ft. green strip along the 66th Avenue right -of -way in accordance with the requirements of the zoning ordinance. 11. Appropriate one way directional signery shall be provided at the southeast and southwest corners of the site to indicate one way traffic. 12. The final plat comprehended under Planning Commission Application No. 98023 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 13. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 15. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. Council further discussed several issues regarding these Planning Commission applications. One of the concerns with the freestanding car wash was the lighting and security. It was noted that there will probably be additional lighting and that there will be cameras mounted in the store for viewing of the carwash. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve Planning Commission Application Nos. 98023 and 98024 subject to the above listed conditions. Motion passed unanimously. 11/23/98 -7- RESOLUTION APPROVING FINAL PLAT -- REGAL ROAD DEVELOPMENT SECOND ADDITION RESOLUTION NO. 98 -200 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT -- REGAL ROAD DEVELOPMENT SECOND ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. PLANNING COMMISSION APPLICATION NO. 98025 (CUB FOODS) SUBMITTED BY BROOKDALE CORNER LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE THREE PARCELS OF LAND LOCATED AT THE SOUTHWEST CORNER OF XERXES AVENUE AND COUNTY ROAD 10 INTO A SINGLE PARCEL. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 12,1998, MEETING. Mr. McCauley discussed Planning Commission Application No. 98025 submitted by Brookdale Corner LLC requesting preliminary plat approval to combine three parcels of land located at the southwest corner of Xerxes Avenue and County Road 10 into a single parcel. Planning and Zoning Specialist Ron Warren discussed the applicant plans to demolish the two main buildings on the sites and hopes to be under construction with the Cub Foods plan by early next spring. It should be noted that a formal site and building plan application, or a PUD application, will need to be presented to the Planning Commission and the City Council before construction of the planned buildings can go forward. It appears to be in order and approval of the application is recommended subject to at least the following conditions: 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 preliminary and final plats shall be modified to indicate the proper underlying legal description of Tract A, RLS 1235 over the area that encompasses the Westbrook Mall. 11/23/98 -8- A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application No. 98025 subject to the above listed conditions. Motion passed unanimously. RESOLUTION APPROVING FINAL PLAT -- BROOKDALE CORNER ADDITION RESOLUTION NO. 98 -201 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT -- BROOKDALE CORNER ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7e. PLANNING COMMISSION APPLICATION NO. 98026 SUBMITTED BY CSM CORPORATION. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 6,000 SQ. FT. OFFICE BUILDING WITH A DRIVE UP FACILITY ON THE PROPERTY LOCATED ON NORTHWAY DRIVE, JUST NORTH OF COUNTY ROAD 10. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS NOVEMBER 12,1998, MEETING. Mr. Warren discussed Planning Commission Application No. 98026 submitted by CSM Corporation requesting for site and building plan approval for a 6,000 sq. ft. office building with a drive up facility on the property located on Northway Drive, just north of County Road 10. The Planning Commission recommended approval of this application at its November 12, 1998, meeting. Council discussed the landscaping and maintenance around the building and who will maintain the area. It was noted that CSM will maintain the area. All the plans seem to be in order and approval of this application is recommended subject to the following conditions: 1. The 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. 11/23/98 -9- 3. A site performance agreement and financial guarantee in an amount to be determined based on cost estimates shall be provided prior to the issuance of building permits for this project. 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. Underground irrigation systems 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 provide an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. i 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to approve Planning Commission Application No. 98026 subject to the above listed conditions. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION AWARDING THE SALE OF $1,085,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT RESOLUTION AWARDING THE SALE OF $1,585,000 GENERAL OBLIGATION STATE AID ROAD REFUNDING BONDS, SERIES 199811; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT 11/23/98 -10- Mr. McCauley discussed proposals were opened today at 10:30 a.m., at the office of Springsted Incorporated for the awarding of the sale of improvement bonds to be supported by special assessments on benefited property and awarding the sale of bonds which will provide for an advance refunding of State Aid Road Bonds. A representative from Springsted was present to discuss the proposals received and informed the Council the lowest bidder for the $1,085,000 General Obligation Improvement Bonds, Series 1998A was Norwest Investment Services, Inc., and Piper Jaffray, Inc., for the $1,585,000 General Obligation State -Aid Road Refunding Bonds, Series 1998B. RESOLUTION NO. 98 -202 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,085,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 98 -203 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,585,000 GENERAL OBLIGATION STATE AID ROAD REFUNDING BONDS, SERIES 199813; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS Mr. McCauley discussed this resolution is to express recognition and appreciation for the public service of organizations participating in Brooklyn Center's Adopt -a -Park, Adopt -a- Trail, and Adopt - a- Street Programs. Councilmember Lasman read the following names who are to be recognized: 11/23/98 -11- Allina Receivable Services Friends of Freeway Park Barncale Bill's Steak & Seafood Friends of Riverdale Park Boy Scout Troop #401 Garden City Elementary Boy Scout Troop #454 Girl Scout Troop #1469 Brookdale Chrysler Plymouth Girl Scout Troop #1789 Brooklyn Center Charter Commission Kids on the Move Daycare Brooklyn Center Lions Club Looney Weavers Brooklyn Center Lioness Club Minneapolis North Hilton Staff Brooklyn Center Rotary Club Orchard Lane Elementary School Brooklyn Swim Club Palmer Lake Elementary Brooklyn United Methodist Church Park & Recreation Commission Brookpark Dental Center Ray and Dolores Beach Bullfrogs and Butterflies Childcare Region B Campfire Boys and Girls Children's Residential Services Rise Creative Partnerships Cub Scouts Pack 299 Riverwood Neighborhood Association Cub Scouts Pack 401 Target - B.C. "Good Neighbors" Cub Scouts Pack 454 Tim Olson Earle Brown Elementary Todd Paulson Family Evergreen Park School and PTO Willow Lane Student Council RESOLUTION NO. 98-204 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES IMPLEMENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING AN INSPECTION, DISCLOSURE OF CONSUMER INFORMATION CONCERNING THE CONDITION OF A DWELLING PRIOR TO ITS SALE, AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS Mr. McCauley discussed that the Council made a motion at its July 13, 1998, meeting to have this ordinance referred back to the Housing Commission to review the ordinance and data from the Minneapolis Area Assocation of Realtors regarding buyer inspections and to then report back to the City Council. 11/23/98 -12- On October 20, 1998, the Housing Commission reviewed the Council's concerns regarding the ordinance and made the following final recommendations: 1. The Housing Commission moved to incorporate the language from the City of Minneapolis' ordinance regarding the requirement to correct hazardous items even if the house does not sell. This was done to clarify the proposed Brooklyn Center ordinance. The Minneapolis ordinance language reads "all required repair /replace items must be completed by the buyer or seller within 90 days of the date of the disclosure report whether or not the property is sold, unless otherwise excepted by this Chapter ". 2. The Housing Commission's motion also requested the Section 12 -1511 IMMEDIATE HAZARDS should be clarified particulary paragraph b in Section 12- 511 of the proposed ordinance. Staff incorporated the revisions and an alternate (amended) ordinance was prepared for the Council to review. No deletions were made to the original "Alternate" ordinance and the language added is shown in bold face type which sets off the added language from the original published language. The additions in the amended alternate ordinance incorporate language from the Minneapolis Time of Sale Ordinance in Section 12 -1508 paragraph 3(a) and (b). Also, Section 12 -1508 (b) is amended to extend the 90 day correction period when the buyer does the correction of hazardous materials. The following Housing Commissioners were present Chair Robert Torres, Commissioner Ernie Erickson, Commissioner Donald Arm, Commissioner Lloyd Deuel and Commissioner Mark Yelich, and Chair Torres discussed he believes this is a good ordinance to enhance for first time buyers. Council further discussed the ordinance and the compliance issues. A question was raised about residents that have no money to fix the issues that arise when an inspection is done. Mr. McCauley discussed that a seller has 90 days and if the issues are not taken care of in the 90 day period, the seller would be in violation of the ordinance, however, the ordinance could be changed to a longer period of time. Councilmember Hilstrom suggested having an article printed in the City Watch and having the Housing Commissioners attend the January 11, 1999, Council meeting. This ordinance will be brought back to the Council on January 11, 1999. 8d. RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES, PALMER LAKE BASIN WATER RESOURCES STUDY Mr. McCauley discussed that the 1999 Storm Drainage Utility Budget includes $30,000 to hire a consultant to study the Palmer Lake basin in great detail and prepare conceptual designs for specific improvements. 11/23/98 -13- It is recommended that the Council authorize a contract for services to WSB and Associates for professional services at Palmer Lake. RESOLUTION NO. 98 -205 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES, PALMER LAKE BASIN WATER RESOURCES STUDY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8e. REPORT ON CODE ENFORCEMENT Mr. McCauley reported that the northern half of the City has been inspected and reinspected. The Southeast quadrant is left and was left to be done last because of the storm damage. Mr. McCauley also discussed that the Neighborhood Liaison Heather Ruzick is proposing a change to the ordinance regarding refuse containers. Ms. Ruzick is proposing that Section 7 -102 Subdivision 4 be revised to read "Containers must be placed behind the front setback of the residence or in the garage" as opposed to being placed "in the rear of the premises out of view from the street in front of the residence ". Occassionally she receives a complaint from a citizen because a neighbor's container is in view from the front street, and during a recent code sweep of a particular neighborhood she generated 125 letters for code violations. Of the 125 violations, 97 were for container placement only, no other violations were found for those 97 properties. Mayor Kragness commended Ms. Ruzick on the great job she is doing. This ordinance change will be on the December 14, 1998, agenda for first reading. 8f. 1999 PUBLIC UTILITIES RATE STUDY - Resolution Adopting the 1999 Water Utility Rate Schedule - Resolution Adopting the 1999 Sanitary Sewer Utility Rate Schedule - Resolution Adopting the 1999 Storm Drainage Utility Rate Schedule - Resolution Adopting the 1999 Recycling Rates - Resolution Adopting the 1999 Water and Sanitary Sewer Hookup Rates Mr. McCauley discussed that these resolutions were discussed at the Council's November 16, 1998, Work Session and are recommended for approval this evening. The resolutions are consistent with the five year planning study and support both operations and capital projects. 11/23/98 -14- Public Works Director Diane Spector stated she believes the increase rates are needed and reasonable and that the rates are lower than other cities. RESOLUTION NO. 98 -206 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1999 WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -207 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1999 SANIARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98 -208 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1999 STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. RESOLUTION NO. 98-209 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1999 RECYCLING RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 11/23/98 -15- RESOLUTION NO. 98 -210 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1999 WATER AND SANITARY SEWER HOOKUP RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8g. RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1999 Mr. McCauley discussed the City's annual establishment of assessment rates for street improvement projects. It is the intent of the Council special assessments are levied against any property that can be deemed to benefit from such an improvement. Assessments for residential properties are made on a unit basis which applies to all single family residential properties benefitting from any street improvement project that year, and are intended to represent a specific portion of the average cost of reconstructing a typical residential street. Assessments for non - residential or multiple family residential projects are computed separately for each project. Councilmember Hilstrom inquired regarding the target for assessments as a percent of the entire project cost of 40 percent. Ms. Spector advised that assessments are closely approaching that percentage of project cost. Council further discussed the progress of the assessments and that assessments for 1999 would be a three percent increase, which is the same rate of increase as last year. RESOLUTION NO. 98-211 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 11/23/98 -16- 8h. REPORT ON HUMBOLDT AVENUE SUBSTATION Mr. McCauley reported that during the last several years the police substation located at Humboldt Square has evolved into a Family Resource Center that is staffed and operated by Northwest Hennepin Human Services Council. The police department continues to support the Family Resources Center by presenting programs to children that participate in after school tutoring. The rent for the Family Resource Center will be $400 per month beginning January 1, 1999. The police department is requesting to no longer staff or have official affiliation with the Humboldt Avenue Substation/Family Resources Center effective January 1, 1999, and support this request by the following data: 1. The police department has not budgeted for rental of a store front. 2. The services offered have evolved from a law enforcement contact in the community to a social service aspect. The Northwest Hennepin Human Services Council plans to continue to offer services from the substation location. 3. The police department is moving to a facility within a block of the substation. The new police facility will be serving the neighborhood far better than a substation. Council discussed what would happen to the programs for youth. It was discussed there are many organizations involved and the City's participation will not affect these programs. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to no longer staff or have official affiliation with the Humboldt Avenue Substation/Family Resource Center effective January 1, 1999. Motion passed unanimously. 8i. REPORT ON ACCEPTING BIDS AND AWARDING CONTRACTS FOR EARLE BROWN HERITAGE CENTER BUILDING ADDITIONS AND RENOVATIONS Mr. McCauley requested that this item be tabled to the December 14, 1998, Council meeting. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to table this item to December 14, 1999. Motion passed unanimously. 8j. STAFF REPORT REGARDING: WATER WORKS FACILITY STUDY Mr. McCauley reported that the City's water utility engages an outside consultant to review the water works facilities and to make recommendations regarding improvement. The last study was conducted in 1989 by Black and Veatch. In 1998, the utility engaged Bonestroo Rosene Anderlik and Associates (BRAA) to update that report and make recommendations. 11/23/98 -17- The report has found the City's water works facilities sound and adequate. The improvements recommended in the study done by Black and Veatch have been completed with one exception. The Black and Veatch report recommended drilling two additional wells. One has been completed, and BRAA had confirmed staff's analysis that the second well is not necessary. Ms. Spector further discussed the report and is recommending that the Council not pursue the option of a treatment facility, as it is not required to meet federal drinking water standards. However, if in the future the drinking water standards are amended to require treatment, then this is useful and time - saving information to have as a starting point. 8k. RESOLUTION ACCEPTING BID, AND AWARDING CONTRACTS FOR NEW WEST FIRE STATION AND EAST FIRE STATION REMODELING, IMPROVEMENT PROJECT NO. 1998 -10 AND 1998 -11 Mr. McCauley recommended awarding bids to the following bidders for the new East and West Fire Station Remodeling, Improvement Project Nos. 1998 -10 and 1998-11: West Fire Station: Landscaping Helmin Landscaping $ 41,500.00 Masonry Axel H. Oman, Inc. $ 39,000.00 Structural Wood Structural Wood Corp. $106,500.00 Carpentry Spicer Contracting $ 45,028.00 Roofing Commerical Roofing $142,205.00 Hollow Metal/Wood Doors Glewwe Doors, Inc. $ 32,850.00 Aluminum Entrances /Glazing Empirehouse, Inc. $ 74,972.00 Skylight W.L. Hall Company $ 15,103.00 Drywall Mulcahy Drywall, Inc. $ 93,570.00 Tile Twin City Tile/Marble $ 53,965.00 Acoustical Ceiling Twin City Acoustics $ 7,295.00 Carpet Gebert Floors $ 13,483.20 Special Flooring Diversified Coatings $ 22,439.00 Miscellaneous Specialties Specialty Sales Service $ 14,471.00 Lockers JF Equipment $ 13,400.00 Fire Protection Brothers Fire Protection $ 28,730.00 East Fire Station: Carpentry Kellington Construction $ 23,700.00 Roofing Commercial Roofing $ 88,554.00 Hollow Metal/Wood Doors Glewwe Doors, Inc. $ 9,260.00 Aluminum Entrances / Glaxing Minneapolis Glass $ 19,350.00 Drywall Berg Drywall, Inc. $ 45,900.00 11/23/98 -18- Tile Grazzini Brothers & Co. $ 24,495.00 Acoustical Ceilings Twin City Acoustics $ 5,725.00 Carpet Gebert Floors $ 4,284.86 Special Flooring Stonhard, Inc. $ 17,650.00 Miscellaneous Specialties Specialty Sales Service $ 11,180.00 Lockers JF Equipment $ 10,400.00 Fire Protection Brothers Fire Protection $ 7,595.00 Council discussed the progress of the buildings. Mr. McCauley discussed the construction is behind because of the fabricator having been on strike and there being additional delays in receiving the panels. The construction on the police building is over the targeted amount, however, the fire stations are coming in around targeted prices. It is anticipated that the new buildings will be done in August of 1999. RESOLUTION NO. 98 -212 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID, AND AWARDING CONTRACTS FOR NEW WEST FIRE STATION AND EAST FIRE STATION REMODELING, IMPROVEMENT PROJECT NO. 1998- 10 AND 1998 -11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to adjourn the meeting at 10:11 p.m. Motion passed unanimously. J�0� *X"k City Clerk Q May O 11/23/98 -19-