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HomeMy WebLinkAbout1998 03-23 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 MARCH 23, 1998 CITY HALL - CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center y 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, Assistant City Manager Jane Chambers, and Recording Secretary Mary Schendel. INFORMAL OPEN FORUM Jim McCloskey, representing the Brooklyn Center Prayer Breakfast, and Ed Nelson, 5236 Great View Avenue North, a member of the Brooklyn Center Planning Commission and 16 -year resident of the City, encouraged councilmembers and commission members to promote interest in this event. Rex Newman, 3107 61 st Avenue North, had questions about a web site for the City, rebuilding the neighborhood TV channel, and e-mail use. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn informal open forum at 6:58 p.m. passed unanimously. INVOCATION Debbie Felton offered the invocation. 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. 3/23/98 -1- 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, Director of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Recording Secretary Mary Schendel. COUNCIL REPORT Councilmember Carmody attended the Park and Recreation Commission meeting and reported Art Mead attended the North Mississippi Regional Park Study, which is considering the creation of a regional park for the area between I -94 and the Mississippi River. Mayor Kragness reported receiving a plaque for City Hall display in appreciation for the City's commitment and participation in the Heritage Festival on March 22, 1998. Councilmember Lasman spoke of her attendance at the Crime Prevention meeting and the benefit of citizens' involvement in crime prevention. She also reported attending the National League of Cities meeting in Washington D.C. Councilmember Hilstrom attended the Riverwood Neighborhood Association meeting in which the City presented possible redevelopment of part of the 10 acre site. Councilmember Peppe reported on the Housing Commission meeting of March 17 where slides were reviewed concerning a time of sale ordinance that will be addressed. They also reviewed plans for the Greenway Project on 53rd Avenue. Mayor Kragness and the Council sent a special greeting to recognize Phil Cohen's 70th birthday. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested item no. 6e, Proclamation Declaring April 25 and 26, 1998, to be a Weekend of Spiritual Rededication and Prayer in Brooklyn Center, be removed from the consent agenda and added as item no. 8f on the regular agenda. Councilmember Hilstrom noted a correction to the March 9, 1998, minutes. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the minutes of the March 2, 1998, Work Session and the March 9, 1998, Regular Session passed unanimously. 3/23/98 -2- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FO BIDS, IMPROVEMENT PROJECT NO. 1998 -15, ELEVATED STORAGE TANK REPAIR - TOWER NO. 3 RESOLUTION NO. 98 -45 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -15, ELEVATED STORAGE TANK REPAIR - TOWER NO.3 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT. IMPROVEMENT PROJECT NO. 1997 -10. CONTRACT 98 -B. SCADA AND 1NTRAC SYSTEMS REPLACEMENT RESOLUTION NO. 98 -46 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -10, CONTRACT 98 -B, SCADA AND INTRAC SYSTEMS REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. PROCLAMATION DECLARING APRIL 19 THROUGH APRIL 26. 1998. AS DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the proclamation declaring April 19 through April 26, 1998, as days of remembrance of the victims of the Holocaust in Brooklyn Center passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the following list of licenses passed unanimously. MECHANICAL SYSTEMS Air and Furnace Care 8733 Humboldt Ave. N., Brooklyn Park Blaine Heating, Air Conditioning & Electric, Inc. 13562 Central Ave. NE, Anoka 3/23/98 -3- Changing Climates 1029 Paul Parkway, #206, Blaine De1Mar Furnace Exchange, Inc. 4120 83rd Ave. N., Brooklyn Park Doody Mechanical, Inc. 520 Front Ave., St. Paul Faircon Service 1891 W. County Road C, Roseville Ron's Mechanical, Inc. 12010 Old Brick Yard Road, Shakopee RENTAL DWELLINGS Initial: Bruce/Karen VanderSchaaf 5400/02 Russell Ave. N. Renewal: Dennis J. Bona 5207 Xerxes Ave. N. Joseph/Patricia Simmon 2913 64th Ave. N. Joseph/Patricia Simmon 3715 69th Ave. N. TAXICAB Town Taxi, #53 7000 57th Ave. N., Crystal PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 98004 SUBMITTED BY SHINGLE CREEK LAND COMPANY AND PLANNING COMMISSION APPLICATION NO. 98005 SUBMITTED BY EXTENDED STAY AMERICA. INC. Mayor Kragness suggested discussing agenda item 7b, concerning a request for rezoning, to help define agenda item 7a. City Manager McCauley explained item 7a and 7b are related items, and Application No. 98004 is a request from the Shingle Creek Land Company for approval to subdivide into three lots, two existing parcels of land totaling 7.28 acres, located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard. The most easterly of these lots is for development by Extended Stay America, a 104 unit efficiency hotel. Planning and Zoning Specialist Ron Warren described the proposed property and recommended approval of Application No. 98004 subject to conditions recommended by the Planning Commission. City Manager McCauley requested that Planning and Zoning Specialist Warren clarify Application No. 98005 requesting rezoning from I -1 to PUD/I -1 and first phase site and building plan approval through the Planned Unit Development process for a three story, 104 unit efficiency hotel to be located east of Xerxes Avenue North. The zoning ordinance requires that all parcels have frontage on public right -of -way. The Shingle Creek Land Company is the owner of the two parcels and their proposal is to provide appropriate access to Lot 2 with the dedication of a 30 foot wide access 3/23/98 -4- easement, 15 feet on the easterly property line of Lot 1 and 15 feet on the westerly property line of Lot 3. Drainage and utility easements will be provided on each of the lots and the plat also shows. a 29,808 sq. ft. ponding area on the easterly portion of Lot 3. Mr. Warren outlined the conditions of the preliminary plat approval of this application. The number of hotels and motels and increased traffic were discussed. Public Works Director Diane Spector explained how and when traffic counts are taken to reach a representative average daily count. Councilmember Hilstrom pointed out this is one of the last pieces of large development parcels, so its importance to the community is significant. She asked the Council to consider a study of hotels, and she raised the issue of occupancy difficulties and how that would affect the City. City Manager McCauley responded the size and nature of the facility would not lend itself for other uses. The Mayor opened the meeting to public comment. Marshall Pedley, 6645 Xerxes Place, President of the Earle Brown Townhome Association, expressed concern that this agenda item was not publicized adequately. Planning and Zoning Specialist Warren related information concerning the ordinance requiring notice to citizens residing within 350 feet of the planned development. Nancy Blitsch, 6620 Xerxes Place North, asked if a bar or restaurant would be included in this project. She was informed this was not part of the development. Pudge Linman, 7217 Woodstock Curve, Bloomington, construction manager for the development, approached the podium stating this is a beneficial project for the City with increased employment and business for the community. Frank Kris, 9133 35th Avenue North, New Hope, representing the developer, offered to answer questions the Council would have concerning the project. He reported concerns regarding the driveway on Freeway Boulevard were being addressed. Councilmember Hilstrom questioned what active steps were being taken to attract other businesses for the remaining two parcels. Mr. Kris assured the Council the remaining parcels were being marketed for an appropriate blend with the proposed hotel. Discussion followed concerning the flexibility of the Planned Unit Development process and the flexibility to scrutinize development planning in more detail. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 98004, a request for a preliminary plat to subdivide into three lots, two existing parcels of land totaling 7.28 acres, located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard, subject to the following conditions: 3/23/98 -5- 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. p 3. Appropriate driveway and cross access easements shall be developed and filed with the title to the properties in question. These easements, agreements and documents are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. 4. The storm drainage system and the design of the water detention facility are subject to the review and approval of the Shingle Creek Watershed Management Commission prior to final plat approval for this proposal. 5. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County as part of the final plat. 6. The access easement that is shared between Lots 1 and 3 shall be revised to accommodate a perpendicular driveway approach to Freeway Boulevard. 7. The applicant shall provide an appropriate covenant prohibiting access from Xerxes Avenue to Lots 1 and 2 to be filed with the final plat. The motion was seconded by Councilmember Peppe and passed on a vote of Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe voting aye; Councilmember Hilstrom voted nay. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98005 SUBMITTED BY EXTENDED STAY AMERICA. INC. RESOLUTION NO. 98-47 Member Carmody introduced the following resolution and moved for its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98005 SUBMITTED BY EXTENDED STAY AMERICA, INC. The motion was seconded by Councilmember Lasman and passed on a vote of Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe voting aye; Councilmember Hilstrom voted nay. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND A motion was made by Councilmember Carmody to approve first reading of an ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land and set April 3/23/98 -6- 13, 1998, for public hearing and second reading. The motion was seconded by Councilmember Lasman and passed on a vote of Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe voting aye; Councilmember Hilstrom voted nay. COUNCIL CONSIDERATION ITEMS SET DATE AND TIME OF COUNCIL WORK SESSION A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the date for a general Council work session as Monday, March 30, 1998, at 7 p.m. in City Hall Conference Room B passed unanimously. Councilmember Lasman reported she will be out of town on this day and will be unable to attend the session. UPDATE ON POLICE AND FIRE BUILDINGS City Manager McCauley reviewed information regarding the design of the proposed police and fire buildings and indicated the project has progressed to the point of preparation for bids for architectural panels used for the exterior of the buildings. Mr. McCauley answered questions of the Council concerning ADA standards, completion date, communication concerns during construction; and potential space for a workout room. RESOLUTION AMENDING THE ADEQUATE GENERAL FUND BALANCE FORMULA IN THE FINANCIAL MANAGEMENT POLICIES City Manager McCauley presented information on a proposed change to the City's current financial management policies. The change proposed and discussed by the Financial Commission is to exclude the debt service tax levy from the calculation of the required working capital cash balance. This change in the formula for general fund reserves will eliminate the overstatement of reserves when debt service levies are included. The current fund balance requirement ties up resources which the City could use for capital needs. Mr. McCauley answered questions the Councilmembers addressed concerning propriety of this process. Councilmember Hilstrom reported a constituent brought to her attention that the bond referendum is to be kept in a separate account and asked City Attorney Charlie LeFevere if this is appropriate. He replied the debt service is maintained as a separate fund, a type of collection fund which he feels is appropriate in this case, but will research this question. City Manager McCauley explained procedures used for transfer of funds. The recommended changes have the effect of reducing the level of fund balance the formula establishes as a goal. The Financial Commission approved two motions at its January 22 meeting. The first excludes the debt service tax levy from the subsequent year's budget before calculating amounts to be reserved. The second revises the formula to make it easier to read. 3/23/98 -7- RESOLUTION NO. 98-48 Member Peppe introduced the following resolution and moved for its adoption: RESOLUTION AMENDING THE ADEQUATE GENERAL FUND BALANCE FORMULA IN THE FINANCIAL MANAGEMENT POLICIES The motion for adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. STAFF REPORT REGARDING DUPONT AVENUE STREET WIDTH. IMPROVEMENT PROJECT NOS. 1998 -01. 02, AND 03. BEI.J,V[JE NEIGHBORHOOD STREET. STORM DRAINAGE. AND UTILITY IMPROVEMENTS City Manager McCauley presented information regarding the Bellvue Neighborhood Street Improvement Project. Mr. McCauley recommended the roadway be widened to 9.6 meters as a result of information received from neighborhood surveys and the City Engineering Staff. The resolution establishes the street width at 9.6 meters and also establishes the parking restrictions as per Mn/DOT requirements. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON DUPONT AVENUE NORTH. 53RD AVENUE NORTH TO 55TH AVENUE NORTH RESOLUTION NO. 98-49 Member Lasman introduced the following resolution and moved for its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON DUPONT AVENUE NORTH, 53RD AVENUE NORTH TO 55TH AVENUE NORTH The motion for adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. UPDATE ON DEFERRED LOAN PROGRAM Councilmember Carmody proposed a freeze on the CDBG Deferred Loan Program. City Manager McCauley provided information on the CDBG loan program, and currently there are over 40 people on the deferred loan waiting list. Mr. McCauley stated the City could lose 1997 moneys if the program does not proceed, and could freeze use of 1998 funds for future reprogramming. A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to freeze the Deferred Loan Program for the upcoming fiscal year passed unanimously. 3/23/98 -8- I PROCLAMATION DECLARING APRIL 25 AND 26, 1998. TO BE A WEEKEND OF SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER, i A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve the proclamation declaring April 25 and 26, 1998, to be a weekend of spiritual rededication and prayer in Brooklyn Center passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 9:05 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Mary Schendel 3/23/98 -9-