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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 07/08/96 _ 1 _ 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. 07/08/96 -2- 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 07/08/96 -3 - 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. 07/08/96 -4- 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. 07/08/96 -5- 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. 07/08/96 -6- 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 07/08/96 -7-