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Home My WebLink About1997 11-24 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 24, 1997 CITY HALL CALL TO ORDE INFOR 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, and Kay Lasman. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM No one appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Carmody to adjourn informal open forum at 6:55 p.m. passed unanimously. 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 p.m. ROLL CALL Mayor Myrna. Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. Councilmember Hilstrom was absent and excused. 11/24/97 -1- INVOCATIQN1 A moment of silence was observed. COUNCIPORTS Councilmember Lasman noted recent attendance at Crime Prevention and Housing Commission meetings. Councilmember Carmody noted both her and Mayor Kragness' recent attendance at a League of Minnesota Cities Legislative Conference. Also, Councilmember Carmody stated that the Human Rights and Resources Commission has requested a joint meeting with the Council. Councilmember Peppe noted recent attendance at a Cable Commission meeting. APPROVAL OF AGENDA AND CONSENT AGENDA. Councilmember Carmody requested that approval of four licenses for tobacco related products " at Brooklyn Center Municipal #1, #2, #3, and Centerbrook Golf Course be removed from the consent agenda for discussion at a future work session. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the October 29, 1997- -Joint Session with Charter Commission as printed passed unanimously. RESOLUTION E T ABI,I S STN j I PROJECT NO. 1998 -08. REFORESTATION OF 19 STREET IMP VFWNT PROJECT AREAS. ORDERING PREPARATION n P I AN,5 AND SPECI FICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS RESOLUTION NO. 97 -204 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -08, REFORESTATION OF 1997 STREET IMPROVEMENT PROJECT AREAS, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS 11/24/97 -2- i The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION ESTABLISHING J?APROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PI TBLIC SAFETY FA.ULITY. 67TH AND HUMBOLDT AVENUES, NORTH: IMPROVFMFNT PR.C)JECT NO. 1998 -10. DEMOLITION OF OLD AND CONSTRUCTION OF NEW WES FI RE STATION. 63RD AND BROOKLYN. BOULEVARD: AND IMPROVEMENT PROJECT NO. 1998 -11. EAST FIRE STATION REMODELING RESOLUTION NO. 97-205 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PUBLIC SAFETY FACILITY, 67TH AND HUMBOLDT AVENUES NORTH; IMPROVEMENT PROJECT NO. 1998 -10, DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION 63RD AND BROOKLYN BOULEVARD; AND IMPROVEMENT PROJECT NO. 1998 -11, EAST FIRE STATION REMODELING The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION DESIGNATING 199$ PLANTING I,,IST OF ALLOWABLE BOULEVARD TREE SPECIES RESOLUTION NO. 97-206 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING 1998 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Christmas Tree Sales Lot P.Q.T. Company 5040 Brooklyn Boulevard P.Q.T. Company 5801 Xerxes Avenue North 11/24/97 _;_ Gasoline Service Station Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Seaport, Inc., d.b.a. Total 6830 Brooklyn Boulevard Rental Dwellin Initial: Delbert Ray and Ione DeLong 5211 France Avenue North Renewal: Akbar Sajady 4207 Lakeside Avenue North #131 Akbar Sajady 4207 Lakeside Avenue North #326 Scot and Michal Frenzel 5256 East Twin Lake Boulevard Tobacco Related Products Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway Seaport, Inc., d.b.a. Total 6830 Brooklyn Boulevard PUBLIC HEARING AN ORDINANCE VACATING ,A CITY ROADWAY FOR PARK PURPOSES This item was first read on October 27, 1997, published in the official newspaper, and is offered this evening for a second reading and public hearing. City Manager McCauley explained this ordinance would vacate a City roadway for park purposes. This roadway is within the North Mississippi Regional Park. Specifically, it was the access road in the old Riverridge Park which runs from 57th Avenue to the boat launch/fishing pier area. This roadway was turned back by Mn/DOT to the City. Hennepin County intends to retain the roadway for park purposes. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO. 97-15 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A CITY ROADWAY FOR PARK PURPOSES 11/24/97 -4- The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously.. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 97014 SUBMITTED BY JEHOVAH - JIREH CHURCH OF GOD IN CHRIST RFOUESTING A SPECIAL USE PERMIT TO OPERATE A CHII.,D CA FACILITY A T T14F, CHURCH LOCATED AT 6120 XERXES. AVENUE NORTH City Manager McCauley stated that the applicant, Jehovah -Jireh Church, was seeking a special use permit to operate a child care facility out of their church building which is located at 6120 Xerxes Avenue North. The property in question is zoned RI (Single Family Residence). Both churches and accompanying uses such as child care or day care are considered special uses in the R1 zoning district. The Planning Commission recommended approval of Planning Commission Application No. 97014 subject to several conditions. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97014 by Jehovah -Jireh Church of God in Christ, subject to the following conditions: 1) The special use ermit is issued for a child care/day care facility serving u to 29 p Y t3' g P children in a preschool and after school program. Any expansion or alteration of these operations will require an amendment to this special use permit. 2) The child care/day care operation shall receive the proper licensing from the Minnesota Department of Human Services and copy of the license shall be kept on file with the City. 3) The premises will be brought into compliance with applicable state and local regulations relating to fire safety, health, and building code standards for this operation as determined by the Building Official and Fire Chief. 4) The special use permit is subject to all other applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. The motion was seconded by Councilmember Peppe and passed unanimously. Mayor Kragness welcomed the addition of the child care facility in the community. 11/24/97 -5- COUNCIL CONSIDERATION ITEMS RESOLUTION COMMENDING SECOND ('R AJ)E STUDENTS AT EVERGREEN PARK. ELEMENTARY SCHOOL Councilmember Carmody noted that she recently presented an informative session regarding City issues to the second grade students at Evergreen Park Elementary School. The interest and questions asked by the students demonstrated a knowledge of and sincere interest in many of the issues currently facing the City. RESOLUTION NO. 97-207 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION COMMENDING SECOND GRADE STUDENTS AT EVERGREEN PARK ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PUBLIC UTILITY RATE STUDY RESOLUTION ADOPTING THE 1998 WATE ITTILITY RATE SCHEDULE RESOLUTION ADOPTING THE 199$ SANITA&Y SEWER UTILITY RATE SCHEDULE RESOLUTION ADO PTINC'rU .5T0 ? DRA -TA rF UTILITY RATE SCHEDULE RESOLUTION ADOPTING THE 1998 RFrYCI.ING RATES RESOLI— ON ADOPTING THE 1998 WATER AL4D SANITARY SEWER HOOKUP RATES City Manager McCauley explained the Council annually reviews water, sanitary sewer, recycling, and storm drainage utility rates to ensure that the utilities' financial goals are met. Several rate increases are suggested to cover the rising costs of materials, such as water treatment chemicals, and electricity used to power the wells and lift station pumps and natural gas to heat the well houses. If the recommended rates are adopted, the annual utility bill of the average residential customer would increase 2.5 percent, or roughly $9.00. The annual bill of the average senior customer would also increase about 3.3 percent, or about $6.56. The recommended water utility rate would remain the same as the 1997 rate, $0.89 per 1000 gallons. 11/24/97 -6- The recommended sanitary sewer utility rate would increase in 1998 to a residential quarterly rate of $45.25, and the non - residential rate of $1.80 per 1000 gallons. These proposed rates would best meet utility financial goals. The recommended storm drainage utility rate would increase in 1998 to quarterly rates of $9.00 per lot, and the base rate per REF to $36.00. These proposed rates would best meet utility financial goals. The recommended utility hookup charges are annually increased based on inflation. The proposed rates would increase by 2.8 percent, based on the increase in the CPI from August 1996 to August 1997. The recommended recycling utility rates would remain the same as the 1997 rate. The recommended water and sanitary sewer hookup rates are annually increased based on inflation. The proposed rates would also increase by 2.8 percent. RESOLUTION NO. 97-208 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97 -209 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97-210 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 11/24/97 -7- RESOLUTION NO. 97 -211 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 RECYCLING RATES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. -RESOLUTION NO. 97-212 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1998 WATER AND SANITARY SEWER HOOKUP RATES The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ESTABLISHINQ 1998 STREET AND STORM DRAINAGE SPECIAL ASSESSMENTS RATES City Manager McCauley explained the Council annually establishes assessment rates for street improvement projects. It is the intent of the Council that 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 units are computed separately for each project. Staff has recommended that the proposed assessments for 1998 be increased to a per unit rate for street reconstruction of $2,060 per parcel, and for storm drainage improvements $670 per parcel. These proposed residential assessment rates for street reconstruction will apply to properties in Rl, R2, and R3 zoned districts. RESOLUTION NO. 97-213, Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 1998 STREET AND STORM DRAINAGE SPECIAL ASSESSMENTS RATES 11/24/97 -8- The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AMENDING TH SPECIA ASSESSMENT POLICY REGARDING STREETS IN COMMERCIAL DISTRICTS WHICH ARE NOT MUNICIPAL STATE AID ROUTES City Manager McCauley explained the City's current special assessment policy regarding streets in commercial districts currently assessed 100 percent of the cost of such improvements to those properties not designated a municipal state aid route, while those commercial properties on a state aid route were assessed at a rate of 70 percent. The Council had discussed making the special assessment policy regarding commercial properties more uniform. The proposed resolution would amend the special assessment policy to have commercial and industrial properties be assessed 70 percent of the actual cost of the project, whether they are on MSA routes or not. RESOLUTION NO. 97-214 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SPECIAL ASSESSMENT POLICY REGARDING STREETS IN COMMERCIAL DISTRICTS WHICH ARE NOT MUNICIPAL STATE AID ROUTES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION A MENDING THE POLICY RE GARDING THE SANITARY SEWER RATE FOR THE ELDERLY City Manager McCauley explained this resolution would amend the current program regarding the sanitary sewer rate for the elderly. A change in operations would eliminate the requirement for seniors to reapply each year. The senior citizen rate is available to properties being billed residential sanitary sewer rates where the head of household or spouse has attained the age of 62 years or older and a maximum of two persons permanently reside there. Residents must notify the City of any changes in their household which might change their eligibility for the program. Also, landlords may apply for this program on behalf of their senior renters by annually completing an application provided by the City. RESOLUTION NO. 97-215 Member Carmody introduced the following resolution and moved its adoption: 11/24/97 -9- RESOLUTION AMENDING THE POLICY REGARDING THE SANITARY SEWER RATE FOR THE ELDERLY The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION ADOPTING A SCHEDULE FOR CERTIFYING DELINQUENT PUBLIC, UTILITY ACCOU AS SPECIAL ASSESSMENT TO THE HENNEPIN COUNTY TAX ROLLS City Manager McCauley explained this resolution would approve a schedule for certifying delinquent utility accounts as special assessments twice during 1998. This is a change from 1997 when certification was only done once. RESOLUTION NO. 97-216 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A SCHEDULE FOR CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS AS SPECIAL ASSESSMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION Ai, 1THOR ZING RETENTION OF CA R,$nN AND CLELLAND FOR CITY PROSECUTIONR,VI AND AUTHO T7— MA YOR AND CITY MANAGER TO EXECUTE CONTRACT City Manager McCauley explained solicitation was recently made for prosecution services. Based on a review of the three proposals submitted, Mr. McCauley recommended acceptance of the proposal from Carson and Clelland. With Carson and Clelland, the hourly rate is lowest, it is the only firm with its principal offices in Brooklyn Center providing the complete access to our officers for complaints and other services, and the service from the firm in the past has been outstanding. Both criminal prosecution and code enforcement have been handled efficiently and effectively. RESOLUTION NO. 97-217 Member Carmody introduced the following resolution and moved its adoption: 11/24/97 -10- RESOLUTION AUTHORIZING RETENTION OF CARSON AND CLELLAND FOR CITY PROSECUTION SERVICES AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AN ORDINANCE AMENDINCY CHA=RS 11. 12. 13. AND 23 OF THE CITY ORDINANCES; REPL THE TERM "NO NINTOXJCATING" WITH "3.2 PERCENT. MALT" City Manager McCauley explained recent legislation was enacted with regard to a political subdivision using the terminology " nonintoxicating liquor." Minnesota Statutes prohibits a City from issuing a license with the term "nonintoxicating liquor." For the 1998 renewal liquor licenses, the terminology has been changed to 3.2 Percent Malt Liquor License"; however, several sections in the City Ordinances use the term "nonintoxicating liquor." These sections should be amended to remove the term "nonintoxicating" and replace with "3.2 percent malt." A motion was made by Councilmember Carmody o approve the first reading of the ordinance Y Pp g and set December 15, 1997, for public hearing and second reading. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION AUTHORIZING ENGAQ)F 4 T QF CONSTRUCTION MANAGEMENT FIRM FOR POLICE AND FIRE BtALDING PROJECTS City Manager McCauley explained that after reviewal of proposals for construction management services for the police and fire building projects, Bossardt Corporation was recommended. Bossardt Corporation has experience with the construction of two police stations and one fire station. They also have extensive municipal construction management experience for other municipal buildings. Recommendation for construction management is to improve the process of construction and to monitor the cost and materials so as to have these projects come in on budget and in the time frame allowed. Many municipalities have been using construction management to overcome some of the difficulties associated with using a general contractor. The initial review of fee proposals from construction management firms also had Bossardt Corporation as the lowest initial proposal for construction management services. One other firm, after the receipt of request for proposals, did modify their proposal and reduce their proposed cost below the cost proposed by Bossardt Corporation. However, evaluation of the services performed and the personnel assigned with experience in this type of municipal construction lead staff to recommend Bossardt Corporation for the provision of this service. 11/24/97 -11- RESOLUTION NO. 97-218 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENGAGEMENT OF CONSTRUCTION MANAGEMENT FIRM FOR POLICE AND FIRE BUILDING PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. SET DATE FOR COUNCIL RETREAT A motion was made by Councilmember Peppe to table decision of a date for the Council Retreat in February or March 1998. The motion was seconded by Councilmember Carmody and passed unanimously. SET DATE AND TIME FOR CITY COUNCIL WORK SESSION A motion was made by Councilmember Carmody to set a date of December 1, 1997, at 7:15 p.m., Conference Room B, for a continued Council budget work session to follow the 7 p.m. special session. The motion was seconded by Councilmember Peppe and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the meeting at 7:37 p.m. passed unanimously. City Clerk o Recorded and transcribed by: LeAnn Larson 11/24/97 -12- I