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HomeMy WebLinkAbout1996 07-22 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 22, 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 7:02 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 Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT Councilmember Nichols shared information gathered from a meeting of the Association of Metropolitan Municipalities regarding projected population growth of the metro area by the year 2020. Information from the meetings will be forwarded to Council members. PRESENTATION Mayor Kragness and the City Manager congratulated Pierre Roddy, a City Code Enforcement Officer, on a job well done. Mayor Kragness also presented Mr. Roddy with a plaque acknowledging him as the City of Brooklyn Center Employee of the Quarter. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the July 22, 1996, agenda with the removal of Items 6(f) and 10(e) from the consent agenda passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Nichols to approve minutes of the July 8, 1996- Regular Session; and July 8, 1996 - Executive Session as printed passed unanimously. 07/22/96 - 1 - RESOLUTION NO. 96 -134 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING AND CONGRATULATING PIERRE RODDY AS THE CITY OF BROOKLYN CENTER EMPLOYEE OF THE QUARTER, SECOND QUARTER 1996, AND CONGRATULATING ALL SECOND QUARTER NOMINEES The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -135 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE SPONSORS AND PARTICIPANTS IN THE DUDLEY BUDWEISER CLASSIC SPONSORED BY EASTON AND COCA -COLA The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96-136 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -137 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. 07/22/96 -2- RESOLUTION NO. 96 -138 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/22/96) The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -139 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1996 -15, CONTRACT 1996 -L SANITARY SEWER RELOCATION AT FREEWAY BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96-140 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE STORM DRAINAGE SPECIAL ASSESSMENT RATE FOR 1996 The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96-141 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH, BRIDGE REPLACEMENT, ROADWAY, AND WATERMAIN The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. 07/22/96 -3 - RESOLUTION NO. 96 -142 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1996 -01 AND 02, CONTRACT 1996 -B, ORCHARD LANE EAST STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -143 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1996 -06 AND 07, CONTRACT 1996 -G, LOGAN, JAMES, KNOX, AND 57TH AVENUES STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -144 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 1996 -10, CONTRACT 1996 -H, 53RD AVENUE, XERXES TO VINCENT, AND XERXES AVENUE, 49TH TO 53RD STREET IMPROVEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -145 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. 07/22/96 -4- RESOLUTION NO. 96 -146 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1993- 18, CONTRACT 1995 -G, POND/PARK/PARK AND RIDE /65TH AVENUE REALIGNMENT The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96 -147 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED, AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1996 -14, CONTRACT 1996 -F, SHINGLE CREEK PARKWAY RETAINING WALL The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. SITE PERFORMANCE GUARANTEE RELEASE A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the Site Performance Guarantee Release for Maranatha Baptist Care Center located at 5401 69th Avenue North passed unanimously. RESOLUTION NO, 96-148 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A VACANCY ON THE PLANNING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the following list of licenses passed unanimously: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Chuckwagon Grill 1928 57th Ave. N. Davanni's 5937 Summit Drive Days Inn 1501 Freeway Blvd. Ground Round Restaurant 2545 County Road 10 Hilton Minneapolis North 2200 Freeway Blvd. 07/22/96 -5- MCTO 6845 Shingle Creek Pkwy. AMUSEMENT DEVICES- VENDOR CDL 1317 North Highwa 169 Theisen Vending Company 3800 Nicollet Ave. S. COURTESY BENCH Courtesy Bench Company 4215 Winnetka Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation 3291 Terminal Drive Twin City Sanitation 279 Meadowwood Lane RENTAL DWELLINGS Gary Anakkala 5412 -12'/2 Fremont Ave. N. Fredric Guthrie 5843 Fremont Ave. N. Mrs. Paul Enge 4748 Twin Lake Ave. N. Victor /Jean Huang 3813 72nd Ave. N. OPEN FORUM Peg Snesrud, 7849 Xerxes Court, Brooklyn Park, extended an official invitation for the National Night Out and Fire Prevention festivities to be held on Tuesday, August 6, 1996. A spaghetti dinner fundraiser will take place on August 1, 1996, at Tasty Pizza in Brooklyn Park and serve as a kick -off event. On Sunday, August 4, 1996, at Zanewood Park associated activities will also be held. Roger Kloster, 7223 Lee Avenue North, a 28 -year resident questioned the proposed noise ordinance and its necessity with specific ordinance intention being directed at car stereos and/or boom boxes. Mr. Kloster cited other items (i.e. snow blower, lawn mower, construction tools, children playing) stating that they too can cause noise warranting complaint(s). Mr. Kloster stated that implementing City ordinances which may already be addressed by State or Federal ordinances would just create additional levels of bureaucracy. Mayor Kragness informed Mr. Kloster the ordinance was initiated in response to police requests based upon most common resident complaints relating to car stereos and/or boom boxes. Ulyssess Boyd, 4807 Azelia Avenue North, expressed displeasure at the discontinuation of the invocation at Council meetings. Mr. Boyd reminded Council that "In God We Trust" is found on the American currency, and when mankind chooses to forget about existence of a Supreme Being, a big mistake is being made. Mayor Kragness received a letter from Rex Newman clarifying there is another grocery store present in Brooklyn Center and expressed his support of Jerry',s New Market. 07/22/96 -6- PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTH HOSPICE) The City Manager informed Council the ordinance at hand was basically a "housekeeping" process to rezone the land enabling residential hospice care to be provided for more than six clients. Staff recommended adoption of the ordinance. The Planning and Zoning Specialist provided an overhead transparency map for the purpose of establishing location of the land (south of Bass Lake Road). PUBLIC HEARING A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 7:24 p.m. passed unanimously. PUBLIC INPUT No public input was offered. A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public hearing at 7:25 p.m. passed unanimously. ORDINANCE NO 96 -09 Member Kathleen Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTH HOSPICE) The motion for the adoption of the foregoing ordinance was duly seconded by member Debra Hilstrom and passed unanimously. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSING AMENDING SECTION 11 -609 BY DELETING PARAGRAPHS 6 AND 10 The City Manager indicated the ordinance at hand was to amend the current ordinance, thus correcting an oversight and will now conform with State law. PUBLIC HEARING A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing at 7:26 p.m. passed unanimously. PUBLIC INPUT No public input was offered. 07/22/96 -7- A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public hearing at 7:27 p.m. passed unanimously. ORDINANCE NO. 96 -10 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSING, AMENDING SECTION 11 -609 BY DELETING PARAGRAPHS 6 AND 10 The motion for the adoption of the foregoing ordinance was duly seconded by member Kathleen Carmody and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 96011 SUBMITTED BY MINNESOTA MUSCLE AND FITNESS. INC. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A FITNESS AND WEIGHT MANAGEMENT FACILITY IN THE NORTHBROOK SHOPPING CENTER AT 1910 57TH AVENUE NORTH The City Manager informed Council the real estate taxes are now delinquent on the property at hand. A recently passed State law would allow Council to deny a permit for the premises based on delinquent taxes. However, probable litigation costs and designated receiver issues would most likely be more than the benefits that could be realized by approving the permit. Councilmember Carmody inquired about any new developments with respect to Hennepin County's involvement with the property. The City Manager indicated the Director of Community Development has done some research and nothing concrete has been indicated. There is a possibility the County could foreclose on the property, however, it did not appear likely to transpire in the near future. Mayor Kragness inquired whether Rajesh Dash, applicant for a Special Use Permit on behalf of Minnesota Muscle and Fitness, Inc., was aware of the situation. Mr. Dash responded exact details of the property were not known, but that it is only in receivership. Councilmember Nichols inquired whether Mr. Dash was still interested in pursuing approval of the application at hand. Mr. Dash responded affirmatively indicating there had already been a significant amount of time and effort invested in the project. There was a motion by Councilmember Carmody and seconded by Councilmember Nichols to approve Planning Commission Application No. 96011 submitted by Minnesota Muscle and Fitness, Inc. subject to the following conditions recommended by the Planning Commission: 07/22/96 -8- I . The Special Use Permit is granted for a fitness training and weight management facility as comprehended under the classification of use contained in Section 35 -322, Subdivision 3p as an "other athletic club." Any change in the use of this 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 occupancy of this space are subject to the approval of the Building Official prior to the issuance of permits. 3. The granting of this Special Use Permit is subject to the applicant complying with all applicable codes, ordinances and regulations relating to the operation. Any violation thereof may be grounds for revocation. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS RESOLUTION ACCEPTING QUOTE AND AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR WATER DISTRIBUTION SYSTEM MODELING The City Manager stated that approval of the resolution at hand would allow purchase of equipment which would provide cost effective targeting of specific water system needs and improvements. Councilmember Carmody inquired why this cost was not included in the budget. The Director of Public Services responded this is not a perpetual cost, but only one that comes up once every seven years or so. The City Manager added it would be reasonable, however, to implement it as part of ongoing budgeting in the coming years since part of its purpose is to assist with future planning relating to the City's infrastructure improvements. Mayor Kragness inquired how often the system would require updating. The City Manager responded that most initial modeling of the system would be done by City staff. However, in approximately six to eight years, someone could be brought in to do a more extensive /overall update. The Director of Public Services added it was important to understand past focus has been on water supply, but now distribution needs require a closer look. Councilmember Carmody reiterated her concern over the system price not being included in the 1997 budget. The City Manager again agreed it is an item which deserves a place in the City budget. 07/22/96 -9- RESOLUTION NO. 96 -149 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR WATER DISTRIBUTION SYSTEM MODELING The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. EVALUATION FORMAT FOR CITY MANAGER EVALUATION A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the evaluation format for City Manager evaluation, and conduct said evaluation in a Work Session on Thursday, August 8, 1996, at 7 p.m. passed unanimously. PARTICIPATION IN RIGHTS OF WAY TASK FORCE The City Manager reviewed a letter received by Mayor Kragness from the President of the League of Minnesota Cities regarding challenges to managing public rights of ways, which is a critical issue. A task force is attempting to be put together to assist in the development of a work plan. In order to address costs associated with development of a work plan, the League is requesting voluntary payment by the City of $1,576. A motion by Councilmember Carmody and seconded by Councilmember Mann to approve participation in the Rights of Way Task Force passed unanimously. UPDATE ON CODE ENFORCEMENT The City Manager made a presentation utilizing overhead transparencies. All areas of Brooklyn Center south of I -694 have been totally completed. Areas north of I -694 have been inspected and initial letters sent out. Other number figures provided were as follows: 7,338 properties were inspected from the street; 1,044 letters have been sent to people; 14% of those properties inspected have been sent letters; 86% of properties inspected did not have problems; 131 citations have been issued (82 for vehicles, 49 for debris, etc.). Based on questions and feedback from Council, the City Manager provided the following additional information. After all inspections have been completed a monitoring process will take place. Specific inspections will most likely be a result of response to complaints made. A monitoring system will be implemented which addresses those properties which have generated complaints. Throughout 1997, a similar initiative will be in operation. All properties will not be inspected, but just those areas of the city which have been identified as troublesome. Since some residents have questioned the code enforcement process, an explanation will be offered in the next newsletter. If someone files a complaint they are not notified of the complaint's status. However, they are allowed to call and receive a follow -up information. Mayor Kragness congratulated the City Manager and Police department for a job well done. 07/22/96 _10- ITEMS REMOVED FROM THE CONSENT AGENDA RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH H NNEPIN COUNTY FOR THE 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Further information needs to be obtained before presentation to Council for approval. VIEW BUDGET VIDEO TAPE This item was removed from the agenda until permission is obtained to broadcast the video. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn the meeting at 7:54 p.m. passed unanimously. City Clerk Mayo Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 07/22/96