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HomeMy WebLinkAbout1996 05-28 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 MAY 28, 1996 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 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Planning & Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Financial Commission Chair Donn Escher, and Council Secretary Connie Beckman. Councilmember Charles F. Nichols, Sr. was absent at roll call. OPENING CEREMONIES A moment of silence was observed. COUNCIL REPORT There was none. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the May 28, 1996, agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve minutes of the May 13, 1995 - Regular Session; April 15, 1996 -Board of Equalization (correction to Page 5) passed unanimously. RESOLUTION NO 96 -107 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A CONTRACT WITH BRW, INC. FOR PLANNING CONSULTING SERVICES RELATING TO THE UPDATING OF THE COMPREHENSIVE PLAN i 05/28/96 i The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. FORFEITURE FUND PURCHASES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the forfeiture fund purchases passed unanimously. HENNEPIN COUNTY COOPERATIVE AGREEMENT FOR ENGINEERING SERVICES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the Hennepin County Cooperative Agreement for Engineering Services passed unanimously. RESOLUTION NO 96 -108 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 05/28/96) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -109 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE (1) FOUR WHEEL DRIVE TRACTOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO 96 -110 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1996 -11, REFORESTATION OF 1994 AND 1995 STREET IMPROVEMENT PROJECT AREAS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1997 05/28/96 -2- A motion by Councilmember Carmody and seconded by Councilmember Mann to approve certification of Local Performance Measures for Local Performance Aid Payable in 1997 passed unanimously. RESOLUTION NO 96 -111 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION MAKING NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE SHINGLE CREEK REGIONAL POND (BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1995 -03) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following list of licenses passed unanimously: AMUSEMENT DEVICES-OPERATOR Brooklyn Center Community Center 6301 Shingle Creek Parkway Earle Brown Bowl 6440 James Circle Fuddruckers 5800 Shingle Creek Parkway Humboldt Square Police Substation 6828 Humboldt Ave. N. Lynbrook Bowl 6357 Lilac Drive N. AMUSEMENT DEVICES-VENDOR American Amusement Arcades 850 Decatur Ave. N. B & K Music and Sales 133 Spring Valley Circle D.V.M. Inc. DBA Dahlco 296 North Pascal GARBAGE AND R FUSE COLLECTION Hilger Transfer 8550 Zachary Lane Waste Management - Blaine 10050 Naples St. NE MECHANICAL SYSTEMS Cronstrom's Heating and A/C 7201 West Lake St. Pierce Refrigeration 1920 2nd Ave. S. Twin City Furnace Co., Inc. 1464 Selby Ave. RENTAL DWELLINGS Initial: Matthew Albrecht 7230, 7240, 7250 West River Road 05/28/96 -3- i Renewal: Michael and Amy Desparios 5301 Dupont Ave. N. James Shoultz 4214 Lakeside Ave. N RENTAL DWELLINGS - CONTINUED Renewal: Roland Scherber 7212 Newton Ave. N. Hogenson Properties 3813 Urban Ave. N. Tracy Rice 5836 Xerxes Ave. N. SIGN HANGER Performance Signs and Display, Inc. 8616 Xylon Ave. N TAXICAB Minnesota Taxi #121 7786 Upper 145th Court W. Town Taxi, #125 7000 57th Ave. N. TOBACCO RELATED PRODUCTS Value Food Market 6804 Humboldt Ave. N. OPEN FORUM No requests were submitted and /or made to utilize the open forum session this evening. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 96006 The City Manager offered a preliminary introduction. Councilmember Nichols arrived at the meeting at 7:02 p.m. The Planning & Zoning Specialist provided a presentation using overhead transparencies of the proposed Planning Commission Application No. 96006 being submitted by Cross of Glory Lutheran Church. Subdividing of the plat would be into five lots consisting of three single - family lots, one large lot for the church and one outlot. The Planning Commission recommended approval of this application at its May 16, 1996, meeting. Councilmember Nichols expressed concern about exiting of traffic from the church property following services and inquired whether something was proposed to offer better traffic flow transition into the street. The Planning & Zoning Specialist suggested the church might consider contracting with the City police department for traffic control personnel to help address this concern. 05/28/96 -4- Mayor Kragness agreed with Councilmember Nichols about an existing problem which could be worsened given deletion of a traffic outlet from the church as a result of the lot subdivision. She referred this issue to the Director of Public Services. The Director of Public Services acknowledged this site has had a large amount of accidents, but that there aren't any good answers at this time. She added it would be beneficial to re- review the site plans once they're submitted. A motion by Councilmember Carmody and seconded by Councilmember Mann to approve Planning Commission Application No. 96006 submitted by Cross of Glory Lutheran Church subject to the following conditions as recommended by the Planning Commission passed unanimously: I. 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, including the need for a subdivision agreement regarding costs for utility service lines and hook -ups. 3. The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined) to assure completion of all required buffer, screening and curb and gutter improvements. This performance agreement and financial guarantee shall be posted prior to the release of the final plat for filing with Hennepin County. PLANNING COMMISSION APPLICATION NO 96007 The Planning & Zoning Specialist provided a presentation using overhead transparencies of the proposed Planning Commission Application No. 96007 being submitted by American Brake Service for a special use permit to operate an auto repair facility and remodel existing space at 5810 Xerxes Avenue for use as an American Brake Service Store. The Planning Commission recommended approval of this application at its May 16, 1996, meeting. Councilmember Hilstrom inquired whether all businesses were notified of the public hearing. The Planning and Zoning Specialist explained all businesses were notified within 350 feet of the structure as per requirements. i Councilmember Hilstrom acknowledged there were no parties present at tonight's meeting in response to the written notifications sent out and, therefore, inquired about any telephone calls received. The Planning and Zoning Specialist responded there were none received. The Planning and Zoning Specialist talked about the seven conditions of approval for the proposed project. 05/28/96 -5- Councilmember Hilstrom inquired about the business' hours of operation. Garfield Matson, 4575 Oakview Lane, Plymouth, a co -owner of the business stated hours of operation will be as follows: Monday thru Friday 8 a.m. -5:30 p.m.; and Saturday 8 a.m. -2:30 p.m. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 96007 submitted by American Brake Service subject to the following conditions as recommended by the Planning Commission passed unanimously: 1. The Special Use Permit is granted to the applicant for an automotive repair facility specializing in brake services and repair including under car services, such as suspension, steering and constant velocity joints. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this Special Use Permit. 2. Building plans for tenant remodeling and overhead doors shall be reviewed and approved by the Building Official prior to the issuance of building permits. 3. There shall be no service, repair or maintenance of vehicles out of doors and all vehicles being so serviced and maintained shall be done so inside the building with the overhead doors closed. 4. Any outside trash disposal facility and rooftop or on. ground mechanical equipment shall be appropriately screened from view. 5. There shall be no outside display or storage of merchandise on this site other than that which is authorized under Administrative Land Use permits. 6. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. COUNCIL ON ID .RATION ITEMS REPORT BY FINANCIAL COMMIS ION CHAIR DONN ESCHER RE GARDING REQUIRED BIENNIAL SALARY SURVEY AND RECOMMENDATION Donn Escher provided Council with an oral report which included main points of the established policy for determining biennial salaries of the City mayor and councilmembers. A survey of salaries was compared to other elected officials' salaries in like cities (size /population) so that a median compensation could be determined. Once determined, an additional 2.75 percent increase was allowed to reflect inflation. It was the Financial Commission's recommendation that salaries (including a 2.75 percent increase) of the mayor and councilmembers be as follows: 1997 -Mayor $8,015, 1997- Councilmembers $6,165; 1998 -Mayor $8,235; 1998- Councilmembers $6,335. Mayor Kragness thanked Mr. Escher and Financial Commission members for all their work. 05/28/96 -6- PROPOSED POLICY AND PROCEDURE ON REQUESTS FOR PROPOSALS FOR FINANCIAL PROFESSIONAL SERVICES The City Manager explained a policy and procedure on requests for proposals for financial professional services provided a form of accountability for staff. Councilmember Carmody questioned time lines on some of the professional services. The City Manager reiterated his and staff's concern about retaining different services too often given the big undertaking required with such transactions. Councilmember Carmody questioned logistics regarding a risk management consultant and insurance agent services. The City Manager explained that currently they are two different services, but it is possible these two services could become combined in the future. Councilmember Mann stated she appreciated seeing this type of policy with accompanied scheduling, adding it will provide for accountability and help avoid any favoritism of future service(s) selection. A motion by Councilmember Mann and seconded by Councilmember Carmody to adopt the Policy and Procedure on Requests for Proposals for Financial Professional Services passed unanimously. RESOLUTION AUTHORIZING --THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN ME CITY OF BROOKLYN YN CENTER AND HENNEPIN COUNTY FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City Manager explained the joint cooperation agreement must be renewed every three years. This contributes to Hennepin County's recertification by the U.S. Department of Housing and Urban Development (HUD) as an urban county to continue to receive an annual entitlement grant through the Community Development Block Grant (CDBG) program. Councilmember Carmody questioned the implications of funds received by the City and how this related to the joint cooperation agreement. The City Manager stated the joint cooperation agreement refers to participation in the program, not allocation of program funds. RESOLUTION NO 96 -112 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR CONTINUED PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 05/28/96 -7- The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. SET DATES FOR COUNCIL WORK SESSIONS FOR JUNE 3 iUI Y 1 AND JULY 15 A motion by Councilmember Carmody and seconded by Councilmember Mann to set Council Work Session for June 3, July 1, and July 15, 1996, at 7 p.m. in Conference Room B, City Hall passed unanimously. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF SKATEBOARDS AND ROLLER ER BI ADE ADDING NEW SECTION 19 -1501 AND 19-1502 The City Manager explained the ordinance at hand applies to skateboard and roller blade use at the Civic Center Complex and its immediate grounds only. Mayor Kragness stated it was her understanding use of skateboards and /or roller blades in the Civic Center Complex area is a big problem, and this ordinance is for the protection of everyone, not just skateboarders /rollerbladers. Mayor Kragness questioned when second reading of the ordinance would take place. The City Manager stated it would take place in June. The City Attorney stated the ordinance would be effective 30 days after posting /publication. The City Manager stated most likely, the ordinance would be effective the beginning of July. Councilmember Nichols clarified primary motivation for the ordinance was safety related. A motion by Councilmember Nichols and seconded by Councilmember Carmody to approve the first reading of the ordinance amending Chapter 19 if the City ordinances regulating the use of skateboards and roller blades; adding new sections 19 -1501 and 19 -1502 passed unanimously. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE ABATEMENT OF NOISE: DELETING SECTION 19 1203 AND ADDING NEW SECTIONS 19 -1203 AND 19 -1204 The City Manager clarified the ordinance at hand pertains to generation of disturbing electronic noise. Councilmember Mann inquired if a situation would be addressed by complaint only. The City Manager responded enforcement of the ordinance would basically be via complaint. As well, a police officer could enforce the ordinance if painful noise was being generated. Councilmember Nichols cited interaction with an ambulance driver. This driver indicated one of the most common reasons for cars not hearing an ambulance siren in transit is due to high volume of individual stereos thus resulting in a car not pulling over to the side of the road allowing an ambulance to pass. 05/28/96 -8- ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:48 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial ::05/2/96 -9-