HomeMy WebLinkAbout1996 07-08 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
JULY 8, 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, Kristen Mann, and
Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public
Services Diane Planning & Zoning Specialist Ron Warren, City Attorney Charlie LeFevere,
City Engineer Scott Brink, Financial Commission Chair Donn Escher, and Council Secretary
Connie Beckman.
OPENING CEREMONIES
The invocation was offered by Reverend Steve Loopstra.
COUNCIL REPORT
Mayor Kragness expressed appreciation to all who participated in the Dudley Softball Tournament;
Earle Brown Days; and the 25th Anniversary celebration of the Civic Center.
APPROVAL OF AGENDA AND CONSENT AGENDA
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the
July 8, 1996, agenda with the removal of Item 6(f) from the consent agenda and relocation of Item
9(a) under Open Forum passed unanimously.
APPROVAL OF MINUTES
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve
minutes of the June 24, 1996 - Regular Session as printed passed unanimously.
RESOLUTION NO. 96-127
Member Kathleen Carmody introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BYRON BREKKE
FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION
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The motion for the adoption of the foregoing resolution was duly seconded by member Debra
Hilstrom and passed unanimously.
RESOLUTION NO. 96 -128
Member Kathleen Carmody introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) FORD CROWN VICTORIA
SQUAD AND AMENDING THE 1996 CENTRAL GARAGE BUDGET
The motion for the adoption of the foregoing resolution was duly seconded by member Debra
Hilstrom and passed unanimously.
RESOLUTION NO. 96 -129
Member Kathleen Carmody introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE POLICE
DEPARTMENT DRUG' FORFEITURE FUND FOR THE PURCHASE OF POLICE
DEPARTMENT ITEMS AND AMENDING THE 1996 GENERAL FUND BUDGET
The motion for the adoption of the foregoing resolution was duly seconded by member Debra
Hilstrom and passed unanimously.
RESOLUTION NO. 96 -130
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 07/08/96)
The motion for the adoption of the foregoing resolution was duly seconded by member Debra
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 - OPERATOR
Chi -Chi's 2101 Freeway Blvd.
Just Kiddie Rides Brookdale Center
K -Mart 5930 John Martin Drive
Nickels and Dimes, Inc. d.b.a. Tilt #243 1328 Brookdale Center
Scoreboard Pizza 6816 Humboldt Ave. N.
Toys R Us ' 5425 Xerxes Ave. N.
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AMUSEMENT DEVICES - VENDOR
Mendota Valley Amusement, Inc. 9177 E. Courthouse Blvd. Court
GARBAGE AND REFUSE COLLECTION VEHICLES
Aspen Waste Systems, Inc. 2523 Wabash Ave.
Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls
T & L Sanitation, Inc. P.O. Box 49695, Blaine
RENTAL DWELLINGS
Initial:
Dennis Hargett 7037 Unity Ave. N.
Renewal:
Rickie Stuva 6413 Brooklyn Drive
SIGN HANGER
Crosstown Sign, Inc. 10166 Central Ave. NE
OPEN FORUM
PROCLAMATION DECLARING AUGUST 2 AND 3 1996 AS RELAY FOR LIFE DAYS IN
BROOKLYN CENTER
Gene Hageman, 5401 Queen Avenue North, requested Council declare August 2, 1996, at 6 p.m.
through August 3, 1996, at 6 p.m. as Relay for Life Days, a fund raiser for the Cancer Society. Mr.
Hegemon explained the three different levels of participation and activities associated with the fund
raiser.
Member Kristen Mann introduced the following proclamation and moV'ed its adoption:
PROCLAMATION DECLARING AUGUST 2 AND 3, 1996, AS RELAY FOR LIFE DAYS IN
BROOKLYN CENTER
The motion for the adoption of the foregoing proclamation-was duly seconded by member Charles
F. Nichols, Sr. and passed unanimously.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION NO 96008 SUBMITTED BY OPPIDAN
INVESTMENT COMPANY
The City Manager informed Council private funding would be used for redevelopment of the
property located northeasterly of the intersection of 63rd Avenue and Brooklyn Boulevard.
Redevelopment of the property would be for the purpose of constructing three retail buildings
comprised of approximately 102,000 total square feet. The principal tenant in the complex would
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be Rainbow Foods which would occupy 68,500 square feet. Ten thousand square feet of additional
retail space is labeled on the plans as "liquor store," but nothing has been approved by the City
Council with respect to relocation of the City's liquor store pending completion of an analysis for
feasibility purposes. Other buildings proposed for the site are a 9,600 square foot retail building to
be located at the southwest corner of the site, near the Brooklyn Boulevard/63rd Avenue North
intersection (with a possible Hollywood Video /Great Clips occupancy) and a 13,905 square foot
drug /pharmacy building at the northwest corner of the site (which is proposed for a possible
Walgreen's occupancy).
Joe Ryan, developer of the project; Tim Schmidt of Rainbow Foods; and Tim Johnson of Landform
Engineering were present to address questions and/or concerns of those present.
Council inquired as to the status of the 10,000 square feet designated for a proposed liquor store.
Mr. Ryan indicated the City has first option on the space; however, if the City chooses not to relocate
its liquor store, the space would be leased out to some other party. Council questioned the time lines
for completion of the project. Mr. Ryan responded that environmental testing is being conducted,
and it is hopeful that demolition/construction could begin close to September 1. Council inquired
as to the ponding requirements as it relates to safety. Mr. Johnson indicated warning signs would
be posted at the pond site.
There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve
Planning Commission Application No. 96008 submitted by Oppidan Investment Company subject
to the following conditions recommended by the Planning Commission:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure the completion of site improvements.
4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment
shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to.a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
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7. Plan approval is exclusive of all signery• which is subject to Chapter 34 of the City
Ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas with the
exception of the front entrance area where this may be waived to assist grocery cart
maneuverability.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
11. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City Engineering Department.
12. The storm water draina ge'system shall be approved by the Shingle Creek Watershed
Management Commission prior to the issuance of permits.
13. Ponding areas required as part of the storm drainage plan shall be protected by an
approved easement. The easement document shall be executed and filed with.
Hennepin County prior to the issuance of building permits.
14. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's current standard specifications and details.
15. The plans shall be modified to provide an extension of the concrete delineators to the
north and east of the drive -up lane for the drug/pharmacy building.
16. The plans shall be modified to provide a pedestrian access to the site from the
northeast corner of the property.
The motion passed unanimously.
COUNCIL CONSIDERATION ITEM
RESOLUTION APPROVING COST PARTICIPATION IN THE REPLACEMENT OF
PLAYGROUND EQUIPMENT AT GARDEN CITY SCHOOL
Councilmember Hilstrom questioned which section of the budget the money would come from to
pay for the City's portion of equipment purchase, and who will be responsible for matters associated
(i.e. upkeep) with the playground. The City Manager responded monies would come from Capital
Improvement Program funds which hive already been allocated. The school district will be
responsible as City monies will be viewed as a contribution.
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RESOLUTION NO. 96 -131
Member Charles F. Nichols, Sr., introduced the following resolution and moved its adoption:
RESOLUTION APPROVING COST PARTICIPATION IN THE REPLACEMENT OF
PLAYGROUND EQUIPMENT AT GARDEN CITY SCHOOL
The motion for the adoption of the foregoing resolution was duly seconded by member Debra
Hilstrom and passed unanimously.
SET DATE FOR COUNCIL WORK SESSION FOR JULY 22. 1996. AT 6 P.M.
A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to set a Council
Work Session to tour the Earle Brown Heritage Center facilities at 6 p.m. on July 22, 1996, passed
unanimously.
RESOLUTION REGARDING APPOINTMENT OF CITY EMPLOYEES TO CITY BOARDS
AND COMMISSIONS '
Councilmember Mann reiterated the resolution at hand has been discussed in the past with its
intended purpose being to eliminate potential. conflict of interest.
RESOLUTION NO. 96-132
Member Kathleen Carmody introduced the following resolution and moved its adoption:
RESOLUTION REGARDING APPOINTMENT OF CITY EMPLOYEES TO CITY BOARDS
AND COMMISSIONS
The motion for the adoption of the foregoing resolution was duly seconded by member Kristen
Mann and passed unanimously. -
FINANCIAL COMMISSION RECOMMENDATION FOR CITY COUNCIL SALARIES - AN
ORDINANCE AMENDING ORDINANCE NO 94 -12 REGARDING COUNCIL SALARIES FOR
1997 -1998
Councilmember Carmody moved approval of an amendment to the proposed ordinance amending
Council salaries as follows: Effective January 1, 1997, the annual salary for council members shall
be $6,000 and annual salary for mayor shall be $8,000; Effective January 1, 1998, the annual salary
for council members shall be $6,165 and the annual salary for mayor shall be $8,220.
Mayor Kragness suggested Council table approval of salaries until after the Budget is set.
Councilmember Mann concurred with Councilmember Carmody.
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Donn Escher, Financial Commission Chair, discussed the goal of obtaining a median salary for
Council Members and offered clarification about issues surrounding history of the Commission's
membership.
A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the first
reading of An Ordinance Amending Ordinance No. 94.12 Regarding Council Salaries for 1997 -1998
as amended passed unanimously.
RESOLUTION ESTABLISHING PROJECT NO 1996 -17 NORTHPORT PARK TENNIS
COURT IMPROVEMENTS ACCEPTING QUOTE AND AWARDING A CONTRACT
Councilmember Hilstrom inquired what type of material would be used to replace the old courts.
The City Manager indicated there are newer materials available, however, extensive testing has not
been completed which would offer conclusive investment value.
Councilmember Carmody questioned life expectancy of an asphalt surface. The Director of Public
Services responded 15 -20 years with proper upkeep /maintenance.
Councilmember Hilstrom questioned the projected completion date. The Director of Public Services
indicated August 1996.
RESOLUTION NO. 96 -133
Member Debra Hilstrom introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING PROJECT NO. 1996 -17, NORTHPORT TENNIS COURT
IMPROVEMENTS, ACCEPTING QUOTE AND AWARDING A CONTRACT
The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen
Carmody and passed unan"iously.
EXECUTIVE SESSION
A motion by Councilmember Mann atld seconded by Councilmember Carmody to reconvene in
closed Executive Session following the City Council meeting to discuss pending litigation regarding
Bituminous Consulting and Contracting passed unanimously.
ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Mann to adjourn the
meeting at 7:43 p.m. passed unanimously.
City Clerk Mayor
y
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