Loading...
HomeMy WebLinkAbout1998 04-27 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 APRIL 27, 1998 CITY HALL 1• INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER Ih F�MAL 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, and Recording Secretary Mary Schendel. INFORMALQffN FORUM No citizens appeared for informal open forum. ADJOURN INFORMAL OPEN FORTJM Informal open forum adjourned at 6:50 p.m. 2• INVOCATION Reverend Robert L. Cottingham, Lutheran Church of the Master, offered the 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 7:01 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, Director of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren, City Engineer Scott Brink, City Attorney Charlie LeFevere, and Recording Secretary Mary Schendel. 4/27/98 _1 _ 5. COUNCIL REPORT Councilmember Lasman, on behalf of the Council, congratulated Mayor Kragness on her recent marriage. Mayor Kragness reported attending the Brooklyn Center Prayer Breakfast and the Firefighter's Awards Dinner. Councilmember Carmody will report at the May 11 Council meeting concerning the Hennepin County Regional Park being planned for the Brooklyn Center area. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested item no. 6e, Table: Resolution Approving Final Plat -- HOLIDAY BROOKLYN CENTER ADDITION, removed from the consent agenda and added as item no. 9t under Council Consideration Items. 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 the minutes of the April 13, 1998, Regular Session, passed unanimously. 6b. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. J[998-15, CONTRACT 1998 -F, ELEVATED STORAGE TANK REPAIR, TOWER NO.3 RESOLUTION NO. 98-77 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998 -15, CONTRACT 1998 -F, ELEVATED STORAGE TANK REPAIR, TOWER NO.3 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6c. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1998-01,02, AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 4/27!98 -2- i RESOLUTION NO. 98-58 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1998 -01, 02, AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6d. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998-04,05, AND 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 98-59 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998-04,05, AND 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanim ously. 6e. TABLE: RESOLUTION APPROVING FINAL PLAT -- HOLIDAY BROOKLYN CENTER ADDITION This item was removed from the Consent Agenda and moved to item no. 9t under Council Consideration items. 6f. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses passed unanimously. MECHANICAL SYSTEMS A -abc Appliance & Heating 2638 Lyndale Ave. S., Minneapolis Advanced Energy Services, Inc. 3650 Annapolis Lane, Plymouth C.O. Carlson Air Conditioning Co. 1203 Bryant Ave. N., Minneapolis Gilbert Mechanical Contractors, Inc. 4451 W. 76th Street, Edina 4/27/98 -3- Michal's HHH 2779 161 st Ave. N.W., Anoka Minnesota Htg & A/C, Inc. 10701 93rd Ave. N. #B, Maple Grove RENTAL DWELLINGSS Initial: Robert/Kathy Carpentier Ryan Terrace Kjirsten Bjerke -Keenan 3614 -16 50th Ave. N. Ronald L. Green 806 55th Ave. N. Renewal: HCM Investments 1425 55th Ave. N. Arthur/Dolores Kvamme 5529 Aldrich Drive N. Northport Properties 5401 Brooklyn Blvd. Duane Orn 5407 Brooklyn Blvd. Boulevard Properties 5837 Brooklyn Blvd. HCM Investments 5351 Irving Ave. N. James Shoultz 4214 Lakeside Ave. N. Thomas Mylan/Lorraine Owings 6907 W. Palmer Lake Dr. Hogenson Properties 3813 Urban Ave. N. SIGN HANGER Elements, Inc. 4920 Otter Lake Road, St. Paul TAXICAB COMPANIES Town Taxi, #104 7000 57th Ave. N., Crystal 7. PUBLIC HEARINGS 7a. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1998 -07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH City Manager McCauley explained the proposed Improvement Project No. 1998 -07 that consists of the reconstruction of Lee Avenue and 68th Avenue, all between 69th Avenue North and Brooklyn Boulevard, and the proposed special assessments for street improvements in accordance with rates adopted by the City's current policy. Mr. McCauley asked City Engineer Scott Brink to give an overview of this project. Mr. Brink detailed the breakdown of the specific project work items and costs. Councilmember Hilstrom was concerned about 24 hour access being vailable for emergency g g Y vehicles during construction. Mr. Brink responded traffic control would not be a problem. Councilmembers were concerned about the deep incline at Lee and 69th Avenue and visibility problems at certain intersections. Mr. Brink responded to questions. 4/27/98 -4- A motion by Councilmember Hilstrom 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 Hilstrom to close the public hearing passed unanimously. 7a -1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH RESOLUTION NO. 98-60 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- 07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH The motion for the adoption of the foregoing esolution was duly seconded b member Carmody and g Y Y Y passed unanimously. 7a-2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -07, CONTRACT 1998 -J, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 98 -61 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -07, CONTRACT 1998 -J, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 7b. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1998 -18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS 4/27/98 -5- FOR IMPROVEMENT PROJECT NO. 1998-18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE City Manager McCauley defined the proposed Improvement Project No. 1998 -18 and the special assessments included with the project and asked City Engineer Scott Brink to explain the project areas and any additional information about the proposed projects. Mr. Brink stated the reconstruction of John Martin Drive serves primarily commercial properties with heavier volumes of traffic. John Martin Drive is classified as a Municipal State Aid Street, and State Aid funds are available to assist in the reconstruction. Mr. Brink summarized the expenditures and provided information on the preliminary estimated project cost. A second resolution certifies special assessments for Improvement Project No. 1998 -18 to the Hennepin County tax rolls. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom 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. 7b -1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -18, CONTRACT 1998 -K, STREET IMPROVEMENTS, JOHN MARTIN DRIVE RESOLUTION NO. 98-62 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- 18, CONTRACT 1998 -K, STREET IMPROVEMENTS, JOHN MARTIN DRIVE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 7b -2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 98-63 Member Carmody introduced the following resolution and moved its adoption: 4/27/98 -6- ` RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 7c. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH City Manager McCauley asked City Engineer Scott Brink to outline Project No. 1998 -19 that consists of reconstruction of James and 67th Avenues North, serving primarily industrial and commercial properties in that area. Mr. Brink detailed the reconstruction to be accomplished and covered the estimated cost of the improvement project. Mr. Brink pointed out 70 percent of the project cost would be assessed to adjacent property owners and the balance would be paid from other resources. A second resolution certifies special assessments for Improvement Project 1998 -19 to the Hennepin County tax rolls. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing passed unanimously- 7c-1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -19, CONTRACT 1998 -L, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH RESOLUTION NO. 98-64 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- 19, CONTRACT 1998 -L, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 4/27/98 -7- 7c -2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS $SOLUTION NO. 98-65 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -19, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 98006 SUBMITTED BY BUDGET CAR AND TRUCK RENTAL City Manager McCauley explained that this application had been tabled by the City Council on April 13, 1998, with direction to contact Brookdale's owner regarding his opinion relating to the Budget Rental proposal. Mr. Schlesinger of Talisman Companies, owner of Brookdale, contacted Community Development Director Brad Hoffman supporting Budget's continued operation with restrictions. Planning and Zoning Specialist Ron Warren presented slides of the area in question, showing a considerable inventory of trucks. The Planning Commission recommended against the expansion of this operation at this time based on a conflict or inconsistency with Standard E of the standards for special use permits contained in the City's zoning ordinance. Mr. Warren stated the original approval was for 12 cars parked at one time under the canopy, citing Brookdale's parking considerations as reason for restricting expansion. Dennis Goneau, Location Manager for Budget Car and Truck Rental, repeated his willingness to keep his inventory of cars to 12 on site at one time. Councilmember Carmody inquired why, through the years, the number of cars had expanded to be out of compliance with the ordinance. Mr. Goneau explained owner and manager changes accounted for the noncompliance. Discussion followed concerning difficulty with enforcement, the future of Brookdale and its overall parking restrictions, with Mr. Goneau stating he would be pleased with the present situation of allowing 15 cars to be parked at the perimeter road lot. A motion by Councilmember Carmody and seconded by Councilmember Peppe to accept the Planning Commission's recommendation to deny the application submitted by Budget Car and 4/27/98 -8- ` Truck Rental for expansion and to amend Condition No. 2 of the Special Use Permit passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AMENDING THE POLICY AND PROCEDURE RELATING TO CITY CONTRACTUAL SERVICES FOR NONPROFIT ORGANIZATIONS City Manager McCauley introduced Financial Commission Chair Donn Escher to provide a report reviewing the existing policy for proposals for services from nonprofit organizations. Mr. Escher explained issues concerning state law and city charters, mandatory city services, addressing multiple requests fairly, and submitted a revised draft policy from the Financial Commission to recommend to the Council. RESOLUTION NO. 98-66 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE POLICY AND PROCEDURE RELATING TO CITY CONTRACTUAL SERVICES FOR NONPROFIT ORGANIZATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATED TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS City Attorney Charlie LeFevere provided the Council with a revised draft of the pawnshop ordinance, noting certain exemptions concerning the sale of used clothing, sporting goods, compact discs, computer games, musical instruments and a possible amendment relating to holding periods. Specific identification and records of the seller and a requirement extending the holding period of the dealer were discussed. City Manager McCauley said the purpose of the discussion was to clarify the needs of the City and look at options for new business. Councilmembers Carmody and Hilstrom discussed the issue of location of pawnshops, and Councilmember Hilstrom requested language be included to restrict pawnshops near child care centers, as well as churches. Discussion followed concerning firearms sales and restrictions used to track and delay resale of merchandise. The Police Department researched transactions involving compact discs and electronic cartridges with other cities and suggested Brooklyn Center follow Robbinsdale and Minneapolis and prohibit exemptions for these items. 4/27/98 -9- Mayor Kragness requested the language relatin to the regulation q g g of pawnshops and secondhand � goods be amended consistent with the Police Chief s recommendations and brought back to the May 11 Council meeting. 9c. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH, BROOKLYN CENTER City Manager McCauley explained this property has previously required the City to do the clean up in order to have it accomplished. The normal methods of ordering seemed ineffective so a resolution is needed in which the City could specially assess the cost of clean up. Councilmember Carmody inquired about progressive penalties to encourage compliance. Mr. McCauley replied that certain individuals find themselves in a life situation that the normal stimuli of fines and punishment do not result in the desired behavior because of their personal circumstances. Mayor Kragness asked Mr. McCauley to clarify steps the City has taken to get to this point with this property. The City Manager responded that orders have been sent, intervention with relatives has been approached, and civil proceedings as well as criminal prosecution have been used. RESOLUTION NO. 98-67 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH, BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9d• PROCLAMATION DECLARING THE WEEK OF APRIL 26 THROUGH MAY 2,1998, AS SKIP A MEAL FOR THE WORLD'S CHILDREN WEEK President Warren Lindquist and Secretary/Treasurer Roger Johnson, members of the North Suburban Kiwanis Club, spoke to alert the Brooklyn Center citizens of Skip a Meal for the World's Children Week and encourage all citizens to support the campaign to save the world's children from mental retardation. A motion by member Peppe and seconded by member Carmody to approve the proclamation 4/27/98 -10- �I declaring the week of April 26 through May 2, 1998, as Skip A Meal for the World's Children Week passed unanimously. 9e. USES ABUTTING OPEN SPACE ZONES City Manager McCauley informed the City Council the Planning Commission had adopted a report reviewing the appropriateness of certain land uses abutting open space zoning districts within the City of Brooklyn Center. The question involved whether uses such as auto repair and service and possibly other uses not allowed to abut or be adjacent to certain residential zones, should be prohibited from abutting open space zones. The Planning Commission does not believe that the open space zoning districts need extraordinary protection from abutting commercial and industrial areas and the uses contained in them and recommended no change made to the zoning ordinance at this time. 9f. DISPOSAL OF PROPERTY City Manager McCauley explained the Police Chief proposed a change from an annual City auction for abandoned or confiscated property to utilizing a professional auction house. Mr. McCauley said such items as trucks, cars, and large maintenance equipment would still go through the Hennepin County auction, but other accumulated merchandise could be handled through the auction house. Councilmember Hilstrom inquired how this program would be evaluated. Mr. McCauley responded that this procedure would be reviewed annually, tracking the cost to determine feasibility of the program. Mayor Kragness questioned the drug forfeiture amount of money listed, and it was explained to be items seized in drug- related crimes and must be used in the Police Department itself. Councilmembers were concerned citizens would be unaware of the auction if it were to take place outside of the City. Mr. McCauley explained ads would be placed in the newspaper or notice in the City newsletter. The newsletter would be used if timing worked, otherwise an ad in the newspaper would be used to alert citizens. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the requested disposal of property passed unanimously. 9g. UPDATE OF NEIGHBORHOOD LIAISON /CODE ENFORCEMENT City Manager McCauley explained that Community Development has scheduled dedicated hours for the commercial review of code enforcement, and the Police Department will be responsible for the general residential code enforcement. Currently, until the Neighborhood Liaison position is on staff, the Community Service Officer is doing complaint response. Councilmember Hilstrom inquired about the plan for the Neighborhood Liaison person. Mr. McCauley responded the short term plan is to go through the entire City as was done in the past. As completed, continuation of the process would be carried out to avoid build up of complaints. Continuing review of areas that are more problematic would be examined. Councilmember Carmody expressed concern that enforcement will be carried out. Mr. McCauley responded the position will be supervised through 4/27/98 -11- the Police Department and quality checks will be made. 9h. SET DATE AND TIME FOR COUNCIL WORK SESSIONS A motion by Councilmember Carmody and seconded by Councilmember Lasman to set the date for a general work session as Monday, May 18, 1998, at 7 p.m., and Monday, June 15, 1998, at 7 p.m., in City Hall Conference Room B passed unanimously. 9i. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA Brooklyn Center has received national recognition by being named a Tree City USA by The National Arbor Day Foundation. City Manager McCauley informed the Council about the four standards needed to maintain Tree City USA status: a tree board or department, a city tree ordinance, a comprehensive community forestry program, and an Arbor Day observance. RESOLUTION NO. 98-68 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. A motion by Councilmember Lasman and seconded by Councilmember Carmody to approve the proclamation declaring April 24, 1998, Arbor Day and May 1998 Arbor Month in Brooklyn Center passed unanimously. 9j. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL SUNDAY IN CENTRAL PARK AND ARBOR DAY ACTIVITIES City Manager McCauley informed the Council the Brooklyn Center Lions Club had presented to the City donations of $1,750 and $300 and has designated that they are used for the Sunday in Central Park and Arbor Day activities, respectively. RESOLUTION NO. 98 -69 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN 4/27/98 -12- CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL SUNDAY IN CENTRAL PARK AND ARBOR DAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 9k -q. RESOLUTIONS OF APPRECIATION City Manager McCauley reported to the Council concerning the resolutions expressing appreciation to the Senate and House authors of the recent legislation, which is providing a grant from the State of Minnesota to finish the Heritage Center restoration, acquire the parking, and legislation that will allow the City to use a special taxing district authority for potential Brookdale redevelopment. Mr. McCauley wanted to single out individual resolutions for Speaker Carruthers, Representative Lyndon Carlson, and Senator Scheid, who were the three key persons in this legislative effort. 9k. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM REPRESENTATIVE TRIMBLE, GUNTHER, AND HAAS RESOLUTION NO. 98-70 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM REPRESENTATIVE TRIMBLE, GUNTHER, AND HAAS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 91. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM SENATORS BETZOLD, JUNGE, AND HIGGINS RESOLUTION NO. 98 -71 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM SENATORS BETZOLD, JUNGE, AND HIGGINS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 4/27/98 -13- 9m. RESOLUTION RECOGNIZING EFFORTS OF REPRESENTATIVE LUTHER, ABRAMS, AND HAAS ON BEHALF OF THE CITY OF BROOKLYN CENTER RESOLUTION NO. 98-72 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING EFFORTS OF REPRESENTATIVE LUTHER, ABRAMS, AND HAAS ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9n. RESOLUTION RECOGNIZING EFFORTS AND ASSISTANCE PROVIDED BY SPEAKER PHIL CARRUTHERS RESOLUTION NO. 98-73 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING EFFORTS AND ASSISTANCE PROVIDED BY SPEAKER PHIL CARRUTHERS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 90. RESOLUTION RECOGNIZING REPRESENTATIVE LYNDON CARLSON FOR HIS LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER RESOLUTION NO. 98-74 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING REPRESENTATIVE LYNDON CARLSON FOR HIS LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9p. RESOLUTION OF APPRECIATION FOR SENATOR LINDA SCHEID RESOLUTION NO. 98-75 4/27/98 -14- Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR SENATOR LINDA SCHEID The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9q. RESOLUTION RECOGNIZING EFFORTS OF SENATORS JUNGE, HIGGINS, PAPPAS, AND NOVAK ON BEHALF OF THE CITY OF BROOKLYN CENTER RESOLUTION NO. 98-76 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING EFFORTS OF SENATORS JUNGE, HIGGINS, PAPPAS, AND NOVAK ON BEHALF OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RECESS The Council recessed at 9:00 p.m. and reconvened at 9:05 p.m. 9r. 6842 WEST RIVER ROAD City Manager McCauley explained this item had appeared on the agenda of the April 13, 1998, Council meeting. It was added again to request the matter tabled for two weeks to allow Mr. Berg and the inspectors to work on a compliance time table that could be incorporated into an order. A motion by Councilmember Peppe and seconded by Councilmember Lasman to table the compliance of proceedings at 6342 West River Road until May 11, 1998, passed unanimously. 9s. ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK City Manager McCauley asked for introduction and setting the date of hearing for ordinance providing for the sale of a portion of Bellvue Park on May 26, 1998, that would sell approximately .27 acres of Bellvue Park to the EDA for a piece necessary for the proposed redevelopment project along 53rd. Councilmember Hilstrom asked if this ordinance could be brought before the Park and Recreation Commission on May 17. Councilmember Carmody asked how the City came in possession of this property. The City Attorney's office reviewed the title to Bellvue Park prior to 4/27/98 -15- the beginning of the project and determined there were no impediments to the proposed use. Since it is being used for a public purpose and the property that would be conveyed to the EDA with property that would be reconveyed as part of the sale of lots whereas the others, the public right of way which is another issue to discuss. The Council had indicated that it wanted input with respect to what would be an appropriate name for the street. At the neighborhood meeting residents were asked for input, and the response was to include the name Bellvue. The question for the Council, before the City would come in with a plat, is if Bellvue Lane based on neighborhood input would be acceptable. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the first reading of the ordinance providing for the sale of a portion of Bellvue Park passed unanimously. 9t. TABLE: RESOLUTION APPROVING FINAL PLAT - HOLIDAY BROOKLYN CENTER ADDITION Councilmember Peppe raised the issue of a burden imposed on the SuperAmerica station, requiring them to negotiate joint access with the Fitterman property concerning construction of a proposed joint driveway. SuperAmerica requested a condition be added to the Holiday Final Plat approval: The Final Plat shall not be executed by the City or released for recording until the easement for the joint access drive opposite the Holiday drive be duly executed an d on file with Hennepin County. Councilmember Carmody inquired if the new owner of the Fitterman property would be willing to work with SuperAmerica in solving this issue. Planning and Zoning Specialist Ron Warren stated the new owner of the Fitterman property had no objection to granting the necessary easement to SuperAmerica. City Manager McCauley suggested that since the matter was set to be tabled, the Staff can provide additional information for the next Council meeting. The issue of previously approved subdivision conditions may need consideration. Since the resolution is requested to be tabled, Mr. LeFevere and Mr. Warren could review these concerns and have a report for the next Council meeting. Councilmember Hilstrom questioned the City's liability if a problem occurs because of placement of a median, causing a limitation of a business having free access to right in right out only. City Manager McCauley g responded the Minnesota Courts have been very clear that the placement of a median is not a compensable taking of property. The unrestricted access to roadway turning left or right cut off by a median is not compensable. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table the resolution approving the final plat - Holiday Brooklyn Center Addition until May 11 19 y 98, passed unanimously. 4127198 -16- 10. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 9:14 p.m. passed unanimously. City Clerk 0 Mayor Recorded and transcribed by: Mary Schendel 4/27/98 -17-