The URL can be used to link to this page

Home My WebLink About1997 12-15 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 DECEMBER 15, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:20 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 Jane Chambers, Public Works Director Diane Spector, Finance Director Charlie Hansen, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. COUNCIL REPORTS Mayor Kragness congratulated Joel Downer as new Police Chief upon Chief Kline's retirement, and Jim Glasoe as Director of the newly created Community Activities, Recreation and Services Department. APPROVAL OF AGENDA. AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve minutes of the November 10, 1997 -- Regular Session; November 17, 1997 -- Budget Work Session; and November 24, 1997 -- Regular Session as printed passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE MINNESOTA BOWHUNTERS. INC. A motion was made by Councilmember Carmody to approve the application for authorization for an exemption from lawful gambling license from the Minnesota Bowhunters, Inc. The 12/15/97 -1- motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTION APPROVING CHANGE ORDER NO. 3. ACCEPTING WORK PERFORMED. AND AUTHORIZING FINAL PAYMENT. IMPROVEMENT PROJECT NOS. 1996 -01. 02. AND 03. CONTRACT 1996 -B. ORCHARD LANE EAST. STREET, STORM DRAINAGE. AND UTILITY IMPROVEMENTS RESOLUTION NO. 97 -221 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1996 -01, 02, AND 03, CONTRACT 1996 -B, ORCHARD LANE EAST, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1997 DISEASED TREE REMOVAL PROGRAM. IMPROVEMENT PROJECT NO. 1997 -13. CONTRACT 1997 -H RESOLUTION NO. 97 -222 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1997 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1997 -13, CONTRACT 1997 -H The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. CONSIDERATION OF 1998 LIOUOR LICENSES A motion was made by Councilmember Carmody to approve the following 1998 Liquor Licenses: Class A On -Sale Intoxicating Liauor License (80% or greater food) & Sunday: The Olive Garden Italian Restaurant #1253, 1601 James Circle North Class B On -Sale Intoxicating Liauor License (50 to 79% food) & Sundav: 12/15/97 -2- Applebee's Neighborhood Grill & Bar, 1347 Brookdale Mall Holiday Inn, 1501 Freeway Boulevard Chi -Chi's Mexican Restaurante, 2101 Freeway Boulevard Hilton Hotel, 2200 Freeway Boulevard Earle Brown Bowl, 6440 James Circle North The Ground Round, 2545 County Road 10 TGI Friday's, 2590 Freeway Boulevard Class C On -Sale Intoxicatine (40 to 49% food) & Sunday: Lynbrook Bowl, 6357 Lilac Drive North Class F & Sundav On -Sale Intoxicatine Liauor License: D'Amico Catering at Earle Brown Heritage Center, 6155 Earle Brown Drive On -Sale Club Intoxicatine Liauor License: Duoos Bros. American Legion Post 630, 4307 70th Avenue North On -Sale Wine License: Dayton's Brookdale Inn, 1100 Brookdale Center Denny's Restaurant #1284, 3901 Lakebreeze Avenue North Fuddruckers, 5800 Shingle Creek Parkway 50's Grill, 5524 Brooklyn Boulevard Denny's #6887, 6405 James Circle North On -Sale 3.2 Malt Liauor License: Beacon Bowl, 6525 West River Road Chuckwagon Grill, 1928 57th Avenue North Centerbrook Golf Course & Central Park, 6301 Shingle Creek Parkway Davanni's Pizza & Hot Hoagies, 5937 Summit Drive Dayton's Brookdale Inn, 1100 Brookdale Center Denny's #1284, 3901 Lakebreeze Avenue North Fuddruckers, 5800 Shingle Creek Parkway Daddy -O's Cafe, 6219 Brooklyn Boulevard Scoreboard Pizza, 6816 Humboldt Avenue North 50's Grill, 5524 Brooklyn Boulevard Denny's #6887, 6401 James Circle North Off -Sale 3.2 Malt Liauor License: Jerry's New Market Brookdale, 5801 Xerxes Avenue North Rainbow Foods, 6350 Brooklyn Boulevard SuperAmerica #4160, 6545 West River Road SuperAmerica #4058, 1901 57th Avenue North 12/15/97 -3- The motion was seconded by Councilmember Peppe and passed unanimously. PAWNBROKER RENEWAL APPLICATION SUBMITTED BY CASH -N -PAWN. 1964_ 57TH AVENUE NORTH A motion was made by Councilmember Carmody to renew the pawnbroker application submitted by Cash -N -Pawn, 1964 57th Avenue North. The motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALE INTOXICATING LIOUOR LICENSE TO AMF BOWLING CENTERS. INC.. DBA/AMF EARLE BROWN LANES RESOLUTION NO. 97 -223 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO AMF BOWLING CENTERS, INC., DBA/AMF EARLE BROWN LANES The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. LICENSES. Courtesv Bench U.S. Bench Corporation 3300 Snelling Avenue, Minneapolis Gasoline Service Station Brookdale Citgo 5710 Xerxes Avenue North Christy's Auto Service 5300 Dupont Avenue North Iten Chevrolet 6701 Brooklyn Boulevard Metropolitan Council Transit Operations 6845 Shingle Creek Parkway Bill West's Service Center 2000 57th Avenue North Mechanical Svstems Snell Mechanical, Inc. 8850 Wentworth Avenue South, Bloomington Pool and Billiards Tables Chi- Chi's, Inc. 2101 Freeway Boulevard Lynbrook Bowl 6357 Lilac Drive North 12/15/97 -4- Public Dance Davidson Hotel Co. D.B.A. Minneapolis North Hilton 2200 Freeway Boulevard Rental Dwellings Initial: Nicole Adams 4702 68th Avenue North Philip Clover 6331- 6401 -6425 Beard Avenue North Renewal: Germaine Pawelk 4201 Lakeside Avenue North #206 Byron & Nancy Mach 4708 -4712 Twin Lake Avenue North Karen Barton & Dan Whipp 5127 Twin Lake Boulevard East Tobacco Related Products Brookdale Citgo 5710 Xerxes Avenue North Brooklyn Center Municipal #1 1500 69th Avenue North Brooklyn Center Municipal #2 6250 Brooklyn Boulevard Brooklyn Center Municipal #3 1966 57th Avenue North Duoos Bros. American Legion 4307 70th Avenue North Jerry's New Market 5801 Xerxes Avenue North Lynbrook Bowl 6357 Lilac Drive North Minneapolis North Hilton 2200 Freeway Boulevard Neil's Conoco 1505 69th Avenue North Rainbow Foods 6350 Brooklyn Boulevard PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTERS 11. 12. 13. AND 23 OF THE CITY ORDINANCES. REPLACING THE TERM "NONINTOXICATING" WITH "3.2 PERCENT MALT" This ordinance was first read on November 24, 1997, published in the official newspaper, and is offered this evening for a second reading and public hearing. City Manager McCauley explained that this ordinance amendment was required by State Statutes and replaces the term "nonintoxicating" with "3.2 percent malt." A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. No public input was offered. 12/15/97 -5- A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing passed unanimously. ORDINANCE NO. 97 -16 Member Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 11, 12, 13, AND 23 OF THE CITY ORDINANCES; REPLACING THE TERM "NONINTOXICATING" WITH "3.2 PERCENT MALT" The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY: ADDING NEW SECTIONS 25 -1000 THROUGH 25 -1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES This ordinance was first read on October 14, 1997, published in the official newspaper, tabled on November 10, 1997, and the public hearing is continued this evening. City Manager McCauley noted that the proposed ordinance was essentially the League of Minnesota Cities /City Engineers Association model ordinance regulating the use of right -of- way. This ordinance may need to be changed in the future when the Public Utilities Commission adopts rules. However, staff feels it prudent to have an ordinance to protect the City's rights of way and to regulate placement of utilities in those rights of way. The City has enjoyed the cooperation of NSP, Minnegasco, and U.S.West but is concerned about companies that might damage recently reconstructed streets without regulation. A motion by Councilmember Lasman and seconded by Councilmember Carmody to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. ORDINANCE NO. 97 -17 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY; ADDING NEW SECTIONS 25 -1000 THROUGH 25 -1032 TO THE BROOKLYN CENTER 12/15/97 -6- CODE OF ORDINANCES The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. PROPOSED CAPITAL IMPROVEMENT PROGRAM. 1998 -2002 City Manager McCauley asked Public Works Director Diane Spector to give an overview of the proposed Capital Improvement Program (CIP). Ms. Spector reviewed the Capital Improvement Program indicating that the scheduled street improvements for 1998 are: 1) Bellvue Neighborhood; 2) St. Al's neighborhood; 3) Lee and 68th Avenues North; 4) James and 67th Avenues North; and 5) John Martin and Earle Brown Drives. She reviewed the proposed park facility improvements, indicating for 1998 the following parks would have equipment replaced: 1) East Palmer Lake; 2) Bellvue; and 3) Happy Hollow. Evergreen and Bellvue Parks would have new shelter facilities. A motion by Councilmember Carmody and seconded by Councilmember Lasman 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. Councilmember Hilstrom asked why the issue of the wading pool was not part of this CIP. Councilmember Carmody responded that this issue was on hold until the bond issue had passed so that a plan could be developed to address the whole Civic Center /City Hall complex. A motion was made by Councilmember Lasman to adopt the Capital Improvement Program, 1998 -2002. The motion was seconded by Councilmember Carmody and passed on a vote of Councilmembers Carmody, Lasman, Peppe, and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. CONSIDERATION OF 1998 BUDGET City Manager McCauley explained that this was the second hearing on the 1998 Budget and that additional public input would be taken tonight. Mr. McCauley outlined the General Fund Revenues for 1998, along with the General Fund Expenditures and where the money is spent. Mr. McCauley noted the shift in tax burden from commercial to residential property and the shift in property tax rates due to recent changes in state legislation.. 12/15/97 -7- A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. Mr. Donn Escher, Financial Commission Chair, congratulated Council and City staff their hard work putting together the CIP. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. RESOLUTION NO. 97 -224 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97-225 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 1998 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. RESOLUTION NO. 97 -226 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGET FOR THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. 12/1 5197 -8- RESOLUTION NO. 97 -227 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -228 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. RESOLUTION NO. 97 -229 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. RESOLUTION NO. 97 -230 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1998 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS 12/15/97 -9- RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1998 City Manager McCauley explained the proposed pay plan for non -union and non - contract employees provides for a three percent increase in wage rates. This is the same percentage increase as previously authorized in the union contracts. RESOLUTION NO. 97-231 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SET DATE AND TIME OF COUNCIL MEETINGS A motion was made by Councilmember Hilstrom to set the date and time for the following Council meetings: January 12, 1998, Regular Council meeting at 7 p.m., City Hall; January 20, 1998, Work Session at 7 p.m., City Hall; and February 27, 1998, Facilitated Council Retreat, 12 p.m. EBHC. The motion was seconded by Councilmember Carmody and passed unanimously. CITY ADVISORY COMMISSION AUTOMATIC RESIGNATIONS City Manager McCauley explained that each City advisory commission is established and duties and responsibilities set forth, providing for removal of commission members by automatic resignation when a commission member has had three consecutive unexcused absences or unexcused absences from a majority of duly called commission meetings. Under current policy, City staff liaisons inform the Mayor of such automatic resignations. This places the City staff liaison in a tenuous position since the advisory commission members are appointed by the City Council. This could be amended to provide that the City Council liaison or the commission chair inform the Mayor of such automatic resignations. Mayor Kragness noted that since Council liaisons are already at these meetings, attendance records could be monitored by the liaison. Mr. McCauley will draft the policy change for the next Council meeting. RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS City Manager McCauley explained that the Fire Department Relief Association was requesting 12/15/97 -10- an increase in their lump sum benefit to $5,000 per year of service. Van Iwaarden Associates has conducted an actuarial valuation and benefit study and determined the anticipated assets available for benefits to be sufficient to support the proposed benefit level. Councilmembers Hilstrom and Peppe questioned when the Fire Department Relief Association might be converting the plan to a defined contribution plan. Craig Swanberg, Relief Association President, said the Association is fully investigating available pension plans but that any change may involve up to two years to implement. RESOLUTION NO. 97 -232 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -14. KYLAWN PARK TRAIL LINKAGE AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE REGIONAL TRAIL INITIATIVE GRANT PROGRAM City Manager McCauley explained that City staff had applied for and subsequently been granted a conditional grant fund award from the National Recreational Trail Fund Grant Program through the Minnesota Department of Natural Resources in order to complete trail linkage providing non - motorized access to Kylawn Park from the south. The total estimated cost to construct the trail linkage project is $28,000, for which the City must match the $14,000 grant provided by the DNR. RESOLUTION NO. 97-233 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -14, KYLAWN PARK TRAIL LINKAGE AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE REGIONAL TRAIL INITIATIVE GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 12/15/97 -11- RESOLUTION REGARDING WEST FIRE STATION CONSTRUCTION AND REVIEW OF LIOUOR STORE OPERATIONS City Manager McCauley explained that it appears that it would be more prudent and effective to construct a freestanding fire station at 63rd Avenue North and Brooklyn Boulevard and to relocate the liquor operations presently at 63rd Avenue North and Brooklyn Boulevard to another location rather than combining both operations in one building. Combining liquor and fire would continue a situation where decisions regarding building layout and access for both fire and liquor operations would be compromised by virtue of being co- located. Councilmember Peppe suggested amending the resolution with the following wording: 1. remove the wording from paragraph two "and to relocate the liquor operations at 63rd Avenue North and Brooklyn Boulevard to another location rather than combining both operations in one building" 2. add the word "possible" before the word "location" in the last paragraph. _ RESOLUTION NO. 97-234 Member Hilstrom introduced the following resolution as amended and moved its adoption: RESOLUTION REGARDING WEST FIRE STATION CONSTRUCTION AND REVIEW OF LIQUOR STORE OPERATIONS The motion for the adoption of the foregoing resolution as amended was duly seconded by member Peppe and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 8:33 p.m. passed unanimously. iv�'Lu -fB C ✓��2o� City Clerk Mayor Recorded and transcribed by: LeAnn Larson 12/15/97 -12-