Loading...
HomeMy WebLinkAbout1998 04-13 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 13, 1998 CITY HALL CALL TO ORDER INFORMAL 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, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Recording Secretary Mary Schendel. Councilmember Kay Lasman was absent and excused from this evening's meeting. INFORMAL OPEN FORUM Dan Remiarz, 6201 June Avenue North, inquired about the members of the Board of Equalization. It was explained that the Council Members also make up the Board of Equalization. No other citizens appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM Informal open forum adjourned at 6:53 p.m. INVOCATION A flag ceremony was performed by Cub Scout Pack 544. CALL TO ORDER R1F0rTjLAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:03 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Director 4/13/98 -1- of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Recording Secretary Mary Schendel. Councilmember Kay Lasman was absent and excused from this evening's meeting. COUNCIL REPORT Councilmember Carmody inquired about licensing the sale of secondhand used goods. City Manager McCauley responded the Police Department and City Attorney LeFevere were analyzing data and a draft will be available for consideration at the next Council meeting. Mayor Kragness and the Council offered condolences for the death of Councilmember Lasman's mother. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested item no. 6c, Resolution Authorizing the Purchase of One Front End Loader, be removed from the consent agenda and added as item no. 9i on the regular agenda and a Legislative Update by City Manager McCauley added as item no. 9j. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the minutes of the March 16, 1998, Work Session, the March 23, 1998, Regular Session, and the March 30, 1998, Work Session, passed unanimously. RESOLUTION APPROVING SPFCII ICATIONS FOR REQUESTS FOR PROPOSALS FOR CUSTODIAN OF INVESTMENTS RESOLUTION NO. 98-50 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR PROPOSALS FOR CUSTODIAN OF INVESTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 4/13/98 . -2- RESOLUTION RESCHEDUIT_ING I MPROVEM ENT PROJECT AND SPECIAL ASSESSMENT HEARINGS, IMPROVEMENT PROJECT NO, 1998 -07, STREET IMPROVEMENTS. LEE & 68TH AVENUES: 1998 -18. STREET IMPROVEMENTS., JOHN MARTIN DRIVE: AND 1998 -19.. STREET IMPROVEMENTS. JAMFS & 67TH AVENUES RESOLUTION NO. 98-51 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION RESCHEDULING IMPROVEMENT PROJECT AND SPECIAL ASSESSMENT HEARINGS, IMPROVEMENT PROJECT NO. 1998 -07, STREET IMPROVEMENTS, LEE & 68TH AVENUES; 1998 -18, STREET IMPROVEMENTS, JOHN MARTIN DRIVE; AND 1998 -19, STREET IMPROVEMENTS, JAMES & 67TH AVENUES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT. IMPROVEMENT PROJECT NO. 1998 -08. CONTRACT 1998 -C_ RF,FOR_F;STATION OF 1997 STREET IMPROVEMENT PROJECT AREAS RESOLUTION NO. 98-52 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998 -08, CONTRACT 1998 -C, REFORESTATION OF 1997 STREET IMPROVEMENT PROJECT AREAS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ESTABLISHING TMPROVFM.FNT PROJECT NO. 1998 -26. CONTRACT 1998 - G. RELOCATION OF 16" WATER MAIN AND APPUR 'T'ENANCES AT WEST FIRE STATION. ACCEPTING ENGINEER'S FF_, REPORT. APPROVING PLANS AND SPECIFICATIONS,.AND ATJT HORIZING ADVERTI SEMENT FOR BIDS RESOLUTION NO. 98-53 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -26, CONTRACT 1998 - G, RELOCATION OF 16" WATER MAIN AND APPURTENANCES AT WEST FIRE STATION, 4/13/98 -3- ACCEPTING ENGINEER'S FEASIBILITY REPORT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the following list of licenses passed unanimously. AMUSEMENT DEVICES - VENDOR Kiddie Rides International 3801 East 50th Ave., Denver, CO Brookdale Center 1108 Brookdale Center MECHANICAL SYSTEMS Egan Mechanical Contractors, Inc. 7100 Medicine Lake Road, Minneapolis Kalmes Mechanical, Inc. 15440 Silverod St. N.W., Andover P. & H. Services Co., Inc. 1601 67th Ave. N., Brooklyn Center Ray N. Welter Heating Co. 4637 Chicago Ave. S., Minneapolis Richmond & Sons Elec. Inc. dba Golden Valley Htg & Air 5182 West Broadway, Crystal Sedgwick Heating & Air Conditioning Co. 8910 8910 Wentworth Ave. S., Minneapolis Sterling Design, Inc. 2205 U.S. Highway 8, St. Croix Falls, WI MOTOR VEHICLE DEALERSHIPS Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Dodge, Inc. 6800 Brooklyn Blvd. Brookdale Ford, Inc. 2500 County Road 10 Iten Chevrolet Company 6701 Brooklyn Blvd. Metro Brookdale LLC 7235 Brooklyn Blvd. RENTAL DWELLINGS, Initial: Frank W. Lang Earle Brown Terrace Renewal: Miles Fiterman Brookdale Towers Lang Nelson Associates Brookwood Estates Lang Nelson Associates Brookwood Manor Earle Brown Farm Apartments Earle Brown Farm Apartments Patrick J. Gaughan Victoria Townhouses 4/13/98 -4- Eugene/Diane Wright 4408 69th Ave. N. Robert/Bonnie Healy 5517 Bryant Ave. N. Christian Knutson 5200 France Ave. N. Matthew Albrecht 7240 West River Road SIGN HANGERS Metro Sign Services 9223 Annapolis Ln. N., Maple Grove Twin Cities Sign Images, Inc. 10550 County Road 81, Maple Grove PUBLIC HEARINGS AN ORDINANCE AMEND CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND City Manager McCauley explained this item was first read on March 23, 1998, officially published April 1, 1998, and offered at this meeting for a second reading and public hearing. It relates to Extended Stay America, southeast quadrant of Xerxes Avenue North and Freeway Boulevard. The final plat for this property has not yet been approved by the City Council, therefore the legal descriptions utilized in the zoning ordinance amendment are nonexistent until the final plat is approved and filed with Hennepin County. A motion by Councilmember Carmody and seconded by Councilmember Peppe 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. A motion by Councilmember Carmody and seconded by Councilmember Peppe to table the ordinance amendment until the final plat has been approved passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION Nth, 98006 SUBMITTED BY BUDGET CAR AND TRUCK RENTAL City Manager McCauley explained the history of this subject and asked Planning and Zoning Specialist Ron Warren to provide an overview of Planning Commission Application No. 98006 submitted by Budget Car and Truck Rental requesting a Special Use Permit amendment to expand the car rental operation at the Sears Automotive Center at Brookdale. Mr. Warren explained the City granted Budget a special use permit in 1 986 to conduct a car rental business at the Sears Automotive Center. One of the conditions was to confine storage vehicles under the canopy of Sears Automotive 4/13/98 -5- Center. In 1992 the City became aware of trucks being offered for lease and stored across from the Automotive Center. The City sent a letter advising Budget the special use permit did not include trucks, and reminded them of the confinement of vehicles under the canopy. The letter stated the reason for limiting car parking was that Brookdale was deficient in terms of parking required under the City's zoning ordinance. Budget complied with the letter and the truck rental ceased. It later began again and the City recently contacted a representative of Budget regarding this matter. Mr. Warren stated this matter was considered by the Planning Commission at its March 26, 1998, meeting and the Commission made two recommendations: 1. To recommend denial of the application to expand the extent and location for inventory parking on the site based on the grounds that Standard E of Section 35 -220 is not met. 2. To recommend that the City Council amend Condition No. 2 of the Special Use Permit granted in April 1986, to Budget Car and Truck Rental to read: "Storage of inventory of cars and trucks for rent shall be confined to the area under the canopy." Mayor Kragness commented the inventory in the overflow area was unappealing. In response to Councilmember Hilstrom's question regarding property ownership, Mr. Warren responded Sears is the owner but leases the area to Budget. City Manager McCauley stated Sears recently took over responsibility for maintaining the area where cars and trucks are parked for Budget Car and Truck Rental, rather than Mall ownership maintaining the area for Sears. Dennis Goneau, Location Manager of Budget Car and Truck Rental, approached the podium to clarify the circumstances regarding storage of vehicles. He stated his business is compatible with other properties surrounding the area in question and is located outside the main Mall location, allowing for cooperation with the space needs of the Ride Share program. Discussion followed concerning Brookdale's parking deficiencies as a whole and what Budget could do to limit storage of trucks. City Manager McCauley raised the issue of Brookdale's renovation and whether the concept of truck rental would be included in the renovation. Mr. McCauley addressed the use of planned unit development (PUD) applications for seasonal adjustment to address the parking issue. He stated the time limit for acting on this decision is May 11, 1998. He will request a formal response from Brookdale owners regarding the continued operation of car and truck rental at this site as requested by the Council. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table until the April 27, 1998, Council meeting, the application submitted by Budget Car and Truck Rental for expansion and to amend Condition No. 2 of the Special Use Permit passed unanimously. COUNCIL CONSIDERATION ITEMS SEWER BACKUP AT 5160 DREW AVENUE NORTH 4/13/98 -6- Homeowners Tom and Angela Agness, 5160 Drew Avenue North, appeared before the Council to appeal the decision of the City's insurance carrier, League of Minnesota Cities Insurance Trust ( LMCIT). City Manager McCauley explained the blockage and stated he had requested a review of the claim for adjustment by LMCIT. The determination by LMCIT remained that the City was not liable in this case. Discussion followed concerning other funds or low - interest loans that might be available to homeowners faced with this predicament. Councilmember Peppe expressed concern over setting a precedent for cases involving damage to property. City Attorney LeFevere explained the City is not legally responsible for damages and cannot be viewed as a backup for insurance companies. City Manager McCauley responded to Mr. Agness' belief that his property would be devalued, and agreed to ask the assessor to review valuation of the property in its current state. RESOLUTION EXPRESSING RECOCTNITIQN AND APPRECIATION FOR THE DEDICATED, PUBLIC SERVICE OF RONALD PEARSON RESOLUTION NO. 98-54 Member Carmody introduced the following resolution and moved for its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RONALD PEARSON The motion for adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION REC EIVING AND ACCEPTING SUMMARY REP ORT OF CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU. JR. On February 27, 1998, the City Council conducted a workshop to refine the direction given on a number of critical issues facing the City. A summary report was prepared by Carl H. Neu, Jr. Councilmember Hilstrom suggested the goals be published in the City's newsletter. RESOLUTION NO. 98-55 Member Carmody introduced the following resolution and moved for its adoption: RESOLUTION RECEIVING AND ACCEPTING SUMMARY REPORT OF CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU, JR. The motion for adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. SET DATE AND TIME FOR COI.JNCIL WORK SESSIONS 4/13/98 -7- A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the date for a general work session as Monday, April 20, 1998, at 7 p.m. in City Hall Conference Room B and a public informational meeting as Wednesday, April 29, 1998, at 7 p.m. in Constitution Hall for the proposed senior cooperative housing development at Willow Lane and 66th Avenue North passed unanimously. UPDATE ON MOBTI C OMPUTING DEVICE (MCDJ City Manager McCauley gave a brief update on the Police Department's Mobile Computing Devices (MCD's) and listed some of the capabilities of the system. The communication from car to car, car to dispatch, and car to workstation messaging is now fully operational. The system has the ability to query warrants, drivers licenses, and vehicle plates statewide and nationally. Discussion followed concerning access and use. EMERGENCY PREPAREDNESS OPERATIONS PLAN City Manager McCauley presented the updated emergency preparedness manual which covers procedures used for emergency management in the event of a disaster. Councilmember Carmody asked that a list of basic emergency procedures be printed in the City newsletter. Mayor Kragness requested the plan be made available to the public. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the Emergency Preparedness Operations Plan passed unanimously. REPORT ON RECENT PERSONNEL ITEMS City Manager McCauley reported progress is continuing related to hiring for the Police Department. On April 3, the applications were closed for a Police Captain, Police Officer, Neighborhood Liaison, and Receptionist/Secretary for the Police Department. The Police Captain position will be testing on April 30th. The Police Officer position will have initial testing on April 16th and 17th, and the Neighborhood Liaison will take place mid -month for that testing process. The Police Officer final interview will be the beginning part of May. The Police Receptionist/Secretary will be set up to have cross - trained staff to share administrative responsibilities, with interviews occurring next week. Because of background checks, new police officer hires should be in place near the middle of July. Mr. McCauley agreed to Councilmember Hilstrom's request for a code enforcement update regarding the Neighborhood Liaison by either the April 27th or May 11th Council meeting. RESOLUTION ORDERING THE, CORR..ECTIC�N OF HAZARDOUS CONDITIONS AND FURTHER FOR THE A$AV(FNT OF gU3IC NUISANCES. SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE .AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6842 WEST RIVER ROAD. BROOKLYN CENTER. MINNESOTA 55430 LEGAL DESC RIBED AS LOT 2. "AUDITOR'S SUBDIVISION NUMBER 310. HENNEPIN C Q TNTY. MILAN SQ�A" F TPT THAT PART DESCRIBED AS: THE SOUTH 200 FEET OF LOT 2 "ALJDiT SUBDIVISION NUMBER 310. HENNEPIN 4/13/98 -8- j COUNTY. MINNESOTA." LYING 1 ASTEPQ Y OF THE 50 FEET ROAD RUNNING THROUGH SAID LOT 2. THE CENTER LINT QF SAID ROAD BEING DESCRIBED AS. f FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 2. A DISTANCE OF 362 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 AS MEASURED. ALONG SAID SOUTH LINE: TH ENCE NORTHER TO A POINT ON THE NORTH LINE OF SAID LOT 2. SAID POI BEING A D ISTANCE OF 387 FEET EAST OF THE NORTHWEST CORNER OF S AID LOT 2. AS MEA SURED ALONG SAID NORTH LINE. IN THE CITY OF BROOKLYN C ENTER, HE NNEPIN COUNTY. MINNESOTA. City Manager McCauley explained the materials are in place to approve the resolution necessary to execute the order for the abatement of the hazardous conditions and repair of the dwelling at 6842 West River Road. RESOLUTION NO. 98-56 Member Hilstrom introduced the following resolution and moved for 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 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA" EXCEPT THAT PART DESCRIBED AS: THE SOUTH 200 FEET OF LOT 2 "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA," LYING EASTERLY OF THE 50 FEET ROAD RUNNING THROUGH SAID LOT 2, THE CENTER LINE OF SAID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 362 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTHERLY TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING A DISTANCE OF 387 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2, AS MEASURED ALONG SAID NORTH LINE, IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The motion for adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AUTHORI7..,TNQj THE PITR,C;HASE OF ONE FRONT END LO ADER City Manager McCauley presented information regarding the replacement of the City's 1979 Caterpillar 930 loader with a Caterpillar 928G loader from the state cooperative purchasing program. Councilmember Peppe questioned the selection of Caterpillar brand when other brands were available at a lower cost. City Manager McCauley indicated analysis by Public Works personnel was that using a life -cycle cost, the Caterpillar appeared the best for overall cost due to warranty, re- sale, and evaluation of durability. Public Works Director Spector responded the Caterpillar brand 4/13/98 -9- is the best value because of 1) performance, 2) the warranty is included at no additional charge, 3) highest resale or trade -in value, and 4) Caterpillar offers Balderson mounting and bucket attachment as standard. Discussion followed with Mayor Kragness stating the importance of trusting the judgment of people who work with the equipment. a RESOLUTION NO. 98-57 Member Carmody introduced the following resolution and moved for its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE FRONT END LOADER The motion was seconded by Councilmember Hilstrom and passed on a vote of Mayor Kragness, Councilmembers Carmody and Hilstrom voting aye; Councilmember Peppe voted nay. LEGISLATIVE UPDATE City Manager McCauley reported Speaker Carruthers contacted him before the session began regarding the Heritage Center's cost of completing the originally planned buildings and parking needs. That resulted in legislation being prepared with Representative Lyndon Carlson being the chief author in the House and Senator Linda Scheid chief author in the Senate. That legislation went forward and was included in the bonding bill. $2.5 million was included in the bonding bill through the efforts of Speaker Carruthers, Senator Scheid, and Representative Carlson that would be available to build the G -Barn, to put connectors, and remodel so that would be finished and then to acquire and build parking space. It was Mr. McCauley's understanding that legislation that was supported by Brooklyn Center's legislative delegation would exempt from sales tax those items that would be taxable in final construction. Speaker Carruthers was the chief author in the House and Senator Scheid was the chief author in the Senate of legislation that would allow for a special tax to be levied in the Brookdale area that would be available to assist with redevelopment and would be a backup to tax increment financing that may be used in the event of class rate compression or change in tax rate. If the City were to enter into an agreement that anticipated a certain level of taxation retiring debt, the City could use a special tax to make up any deficiency that might occur for unforseen reasons in the future. This legislation became a part of the Omnibus Tax Bill. The City had started out with a special bill and there is an exemption in effect which reinstates the special bill terms as part of the tax bill. In this last legislative session, Speaker Carruthers, Senator Scheid, and Representative Carlson spent a great deal of time working on these two important issues and were successful in the legislation passing out of the conference committees and the full houses. Councilmember Hilstrom mentioned This Old Apartment provision had been extended and also the threshold had been lowered so in the past $5,000 was required per unit, now the amount is $2,500 per unit. The City Manager stated there were also several things the delegation responded to that were 4/13/98 -10- concerns. One of the areas of great concern that was proposed was limited market value for commercial and industrial property that did not become law. Also in terms of levy limits - they are 4 simply in for the anticipated two -year period which would be payable 1998 and 1999. Mr. McCauley ' considered this good news as opposed to perhaps a long period of levy limits coming out of the legislature. Mayor Kragness notified the audience of the Brooklyn Center Crime Prevention Awards Night taking place April 15, 1998, at Constitution Hall and the Brooklyn Center Prayer Breakfast for April 25, 1998, at the Heritage Center. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 8:30 p.m. passed unanimously. City Clerk Moor Recorded and transcribed by: Mary Schendel 4/13/98 -11-