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HomeMy WebLinkAbout1996 09-23 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 SEPTEMBER 23, 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 Spector, Planning and Zoning Specialist Ron Warren, Finance Director Charlie Hansen, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT There was none. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the September 23, 1996, agenda with the removal of Item 50) to be added under Council Consideration Items, and the removal of Todd McDonald, 7013 Girard Avenue North, for a rental license renewal under Item 5(k) passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Nichols to approve minutes of the August 19, 1996- Special Work Session; and September 11, 1996 - Special Session as printed passed unanimously. 09/23/96 - 1 - PROCLAMATION DECLARING THE WEEK OF OCTOBER 6-12.1996. TO BE MINNESOTA CITIES WEEK A motion by Councilmember Mann and seconded by Councilmember Nichols declaring the week of October 6 -12, 1996, to be Minnesota Cities Week passed unanimously. PROCLAMATION DECLARING OCTOBER 14 THROUGH 18 1996 TO BE MANUFACTURERS WEEK A motion by Councilmember Mann and seconded by Councilmember Nichols declaring October 14 through 18, 1996, to be Manufacturers Week passed unanimously. APPROVAL OF APPLICATIONS FOR AUTHORIZATJON TO CONDUCT EXCLUDED BINGO FROM THE ORCHARD LANE PTA A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the applications for authorization to conduct excluded bingo from the Orchard Lane PTA passed unanimously. RESOLUTION NO. 96 -195 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND AWARDING A CONTRACT FOR PROFESSIONAL SERVICES, IMPROVEMENT PROJECT NO. 1997 -07, REPLACEMENT OF UNDERGROUND STORAGE TANKS AND FUEL SYSTEM, CENTRAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. RESOLUTION NO. 96-196 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1995-07,08, AND 09, CONTRACT 1995 -13, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. 09/23/96 -2- RESOLUTION NO. 96-197 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 NOS. 1994 -05 AND 06, CONTRACT 1995 -D, HUMBOLDT AVENUE, 69TH TO 73RD AVENUES NORTH, STREET AND UTILITY 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 -198 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION RECEIVING INSURANCE PROCEEDS, AMENDING THE 1996 CENTRAL GARAGE INTERNAL SERVICE FUND BUDGET, AND AUTHORIZING THE PURCHASE OF A DUMP BOX AND HYDRAULICS The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. AN ORDINANCE VACATING A UTILITY EASEMENT AT LOT 6 BLOCK 1 JOHN RYDEN SECOND ADDITION A motion by Councilmember Mann and seconded by Councilmember Nichols to approve first reading of An Ordinance Vacating a Utility Easement at Lot 6, Block 1, John Ryden Second Addition located along the back line of the property at 5118 -55th Avenue North passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the following list of licenses passed unanimously: GARBAGE AND REFUSE COLLECTION VEHICLES A W Disposal P.O. box 115, Norwood MECHANICAL SYSTEMS Gallagher Heating and Air Conditioning 17209 Tungsten St. NW, Ramsey 09/23/96 -3- RENTAL DWELLINGS Initial: Martha Demetriou Humboldt Courts Apartments John Rafier 6331, 6401, 6425 Beard Ave. N. Morning Sun Investments, Inc. 6765 Humboldt Ave. N. Richard and Elizabeth Bechr 4718 Twin Lake Ave. N. Gary Bistodeau 5337 70th Circle Renewal: Joseph Brauer 6315 Brooklyn Blvd. Allan and Vicki Olson 7111 Riverdale Road Allan Olson 7112 Riverdale Road Duane Christiansen 5400 Sailor Lane SIGN HANGER Minnesota Sign Company, Inc. 1713 E. Highway 95 SignArt Co. Inc. 2170 Dodd Road OPEN FORUM Nancy Carlson, 6024 Aldrich Avenue North, addressed Council referring to Chapter 7, Section 7.11 of the City Charter, "The Council shall have full power by ordinance or resolution to make interfirr d loans." Ms. Carlson stated that she has expressed concern about questionable operations of The Farm over the past six years. Ms. Carlson indicated Councilmembers Mann and Hilstrom have been receptive to her questions and provided information whenever possible. She has questioned who continues to pay the bills if The Farm continues to operate even though the City Council authorized zero tax dollar subsidies. Ms. Carlson reminded fellow citizens there is a 1995 deficit of about $206,000. She referred to information received that indicated The Farm has received an Interf ind Loan, and was unable to recall a meeting at which an ordinance or resolution was passed to authorize such a loan. In closing, Ms. Carlson strongly urged Council members, the City Manager, and City Attorney to investigate her impressions and report their findings at the next regular Council meeting. Ms. Carlson distributed copies of her letter of concern to Council. Rex Newman, 3107 61st Avenue North, expressed appreciation to Council for his recent appointment to the Planning Commission. The City is divided into six neighborhood regions, yet there are seven Commission members. And no matter what appointments are made, there will be one neighborhood who is represented by two Commission members. Mr. Newman suggested if concerns about equal representation of neighborhoods was a factor for the Council when appointing to Commissions, they should consider making a change from the "top." His suggestion was for Council to divide the City into four wards which would allow for easier campaigning and more thorough representation of constituents. In closing, Mr. Newman suggested Council strongly consider executing such a reform starting with the Charter Commission. 09/23/96 -4- A motion by Councilmember Nichols and seconded by Councilmember Carmody to declare Open Forum closed passed unanimously. PUBLIC HEARING AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES RELATING TO CLOSURE OF STREETS FOR BLOCK PARTIES. ADDING NEW SECTIONS 25 -901 THROUGH 25 -908 City Manager McCauley informed Council the ordinance at hand was in response to an earlier request by a neighborhood watch group relating to neighborhood block parties. There are several criteria which must be met, some of which Mr. McCauley outlined as follows: at least 75 percent of the addresses on the block must be in agreement to closing of the street; there are no more than two events allowed a year; an individual must be responsible for all the property involved (i.e. barricades, provisions for clean up, sanitation); hours would be no earlier than 8 a.m. and no later than 11:30 p.m. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing at 7:10 p.m. passed unanimously. No public input was offered. A motion by Councilmember Nichols and Councilmember Mann to close the public hearing at 7:11 p.m. passed unanimously. ORDINANCE NO. 96 -13 Member Kathleen Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES RELATING TO CLOSURE OF STREETS FOR BLOCK PARTIES, ADDING NEW SECTIONS 25 -901 THROUGH 25 -908 The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen Mann and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 96014 SUBMITTED BY ITEN CHEVROLET Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 96014 submitted by Iten Chevrolet requesting site and building plan approval and special use permit to construct an approximate 3,200 square foot expansion for an auto service write -up area at Iten 09/23/96 -5 - Chevrolet, 6701 Brooklyn Boulevard. He referred to a copy of the four -page report generated at the September 12, 1996, Planning Commission meeting and its accompanying conditions. The proposal calls for an approximate 3,200 square foot addition that will fill in a notch at the southeast corner of the service /showroom building on the site. The purpose of the addition is to provide for a new service write -up area. The applicant also proposes a new entrance to the existing showroom at the east end of the building. Overhead transparencies of the proposed project were provided. Mr. Warren explained the six conditions set forth by the Planning Commission in conjunction with approval of the proposed project by Iten Chevrolet. Specific explanation was provided with respect to the potential widening of Brooklyn Boulevard by Hennepin County (scheduled for Spiing 1998) and how this project effects landscaping requirements of the applicant. Mr. McCauley indicated feasibility of the Brooklyn Boulevard project h o as not been concretely tY Y P J Y determined at this time. Therefore, associated deadlines /expectations are in no way meant to imply approval of this project. Any formal decisions regarding this project will be presented to Council. Councilmember Mann inquired the type of landscaping being envisioned along Brooklyn Boulevard. Martin Iten of Iten Chevrolet, and Steve Binek of ArohTech Limited, responded. Mr. Iten indicated primarily lower level shrubs would be used versus trees, which would hinder visual contact of the business. Mr. Iten indicated he would prefer not to install landscaping, citing snow removal and accompanying salt issues as a result of winter weather, which would tend to destroy any landscaping. Councilmember Hilstrom inquired about installation of any beautification around the building itself, particularly along the new expansion. Mr. Iten responded there were potential plans for shrubbery installation. Councilmember Nichols questioned how much footage would be eliminated should the Brooklyn Boulevard project proceed. Mr. McCauley indicated any reduction in footage due to street expansion would occur on the other side of the street, and not on the Iten Chevrolet side of the road. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 96014 submitted by Iten Chevrolet subject to the following conditions recommended by the Planning Commission: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The building addition is to be equipped with an automatic fire extinguishing system to meet all NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 09/23/96 -6- 4. A Special Use Permit is granted to the applicant for the addition as proposed by the plans. Any expansion or alteration of these plans shall require an additional amendment to this Special Use Permit. 5. This Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation thereof, could be grounds for revocation. 6. Landscape improvements consistent with the landscape point system may be deferred for installation to the time of the Brooklyn Boulevard widening project proposed for 1998. Prior to issuance of a building permit, the applicant shall enter into an agreement acknowledging their responsibility to provide said landscaping and assuring that it will be completed in conjunction with other landscape improvements proposed for the 1998 project or submit a formal landscape plan within 90 days of determination that' the 1998 project will not go forward. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS APPOINTMENT OF COUNCIL MEMBER TO SERVE AS COUNCIL LIAISON ON PARK AND RECREATION COMMISSION AND CRIME PREVENTION PROGRAM Mayor Kragness indicated Councilmember Mann would no longer be able to serve as Council liaison on the Park and Recreation Commission and Crime Prevention Program given schedule conflicts. A motion by Councilmember Mann and seconded by Councilmember Carmody to appoint Councilmember Charles F. Nichols, Sr. to serve as Council liaison on the Park and Recreation Commission and Crime Prevention Program passed unanimously. Councilmember Mann expressed appreciation to Mayor Kragness for the expeditious manner in which Councilmember Mann was replaced ensuring Council liaison continuity. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING CITIZEN INPUT AT COUNCIL WORK SESSIONS Councilmember Hilstrom requested Council members consider amending the resolution at hand which would provide for five minutes of citizen input following each topic item. She believed affording citizens five minutes for input would help prevent any confusion, misunderstandings, or rumors. If there is more input than what can be covered in the allotted five minutes, any remaining input will be put in written form and submitted for Council to address as time allows. Councilmember Mann concurred, adding an additional half -hour to a work session was reasonable for citizens to offer input and /or ask questions. Councilmember Nichols agreed. 09/23/96 -7- RESOLUTION NO. 96-199 Member Kristen Mann introduced the following resolution and moved its adoption with an amendment allowing for a maximum of five minutes of citizen input and/or questions following each work session topic: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING CITIZEN INPUT AT COUNCIL WORK SESSIONS The motion for the adoption of the foregoing amended resolution was duly seconded by member Debra Hilstrom and passed unanimously. ET DATE FOR JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISSION FOR DISCUSSION OF COMPREHENSIVE PLANNING PROCESS ` Mr. McCauley said the purpose of the joint meeting will be to obtain city Council input at the beginning of the consultant's (BRW) organization of the process and development of focus groups and an agenda for developing the Comprehensive Plan update. A motion by Councilmember Carmody and seconded by Councilmember Nichols to set the date for a joint meeting of the Brooklyn Center City Council and Planning Commission for discussion of the Comprehensive planning process on Wednesday, October 30, 1996, at 7 p.m. passed unanimously. Councilmember Mann indicated she will be unable to attend the joint meeting due to a scheduling conflict and informed Council she would be unable to attend future meetings scheduled on Tuesday or Wednesday evenings through the end of the year. COUNCILMEMBER CARMODY• SUGGESTION TO SCHEDULE A JOINT MEETING WITH PARK AND RECREATION COMMISSION ON NOVEMBER 18 OR 19 1996 Councilmember Carmody indicated there were several issues at the last Park and Recreation Commission meeting which she believes Council should address and provide clarification. Therefore, she recommended Council establish a meeting time /date accordingly. A motion by Councilmember Carmody and seconded by Councilmember Mann to schedule a joint meeting between the Brooklyn Center City Council and Park and Recreation Commission for Monday, November 18, 1996, at 7 p.m. passed unanimously. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES RELATING TO THE LICENSING OF RENTAL DWELLING UNITS Mr. McCauley indicated the ordinance at hand was a housekeeping item to provide clarity. Passage of the ordinance would require the license fee and application to be due 90 days prior to the expiration date versus 60 days. The 90 days would provide assurances that all serious violations 09/23/96 -8- have been resolved prior to any Council consideration of the license. As well, starting of the process early enough to perform an inspection, issue correction orders if necessary, and do a compliance inspection before the license expires would be ensured. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve first reading of An Ordinance Amending Chapter 12 of the City Ordinances Relating to the Licensing of Rental Dwelling Units passed unanimously. RESOLUTION AWARDING THE SALE OF $1.440.000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1996A• FIXING THEIR FORM AND SPECIFICATION; DIRECTING THEIR EXECUTION AND DELIVERY: AND PROVIDING FOR THEIR PAYMENT Mr. McCauley introduced Mr. Thistle from Springsted Inc. The bonds were previously approved for sale by Council for which proceeds of their sale will be used to reimburse the City for the reconstruction of streets in the Orchard Lane East area, the Logan/James/Knox area, and the 69th Avenue improvement. Mr. Thistle informed Council the bonds for sale have received an A -1 credit rating from Moody's which is one of the highest ratings for municipal debt with an associated retirement schedule. Mr. Thistle shared the Daily Rating Recap as provided by Moody's Municipal. Nine bids were received with the lowest bid being submitted by Norwest Investment Services, Inc./FBS Investment Services, Inc. with an interest rate of 4.9829 percent. Councilmember Hilstrom confirmed pay -off dates were the same on all bids. Councilmember Nichols reminded the viewing audience that part of City tax dollars go towards paying off net interest. In this case, the net interest will be $428,293.13. RESOLUTION NO. 96 -200 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,440,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. 09/23/96 -9- RECOGNIZING CITY CLERK'S CERTIFIED MUNICIPAL CLERK DESIGNATION FROM INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS Mayor Kragness acknowledged the contribution of Sharon Knutson to the City of Brooklyn Center in her position as City Clerk and expressed appreciation accordingly. MOTION TO RECESS A motion by Councilmember Carmody and seconded by Councilmember Mann to recess the September 23, 1996, Regular Session at 7:45 p.m. and reconvene in Conference Room B passed unanimously. RECONVENE IN CONFERENCE ROOM B The meeting was declared reconvened by Mayor Kragness at 8:02 p.m. DISCUSSION OF POTENTIAL 1997 NEIGHBORHOOD STREET PROJECTS Mr. McCauley informed Council there is approximately $300,000- 400,000 to use for capital projects in the 1997 draft General Fund budget, with the potential for an additional $100,000 or more from unexpended 1996 General Fund monies. If the Orchard Lane West project were to proceed, it would use all of the funds anticipated to be generated in 1997 in the General Fund not designated for operations and any under spent appropriations in the 1996 budget. Parks If the Orchard Lane West project is pursued, no park/park shelter work would likely be completed in 1997. All parks are functional at this point except for a tennis court at Kylawn Park; however, this will be addressed this fall. Handicap accessible portable toilets are in place at picnic shelters and high -use parks. The parks in the four corners of the City plus Central Park are handicap accessible. Mr. McCauley outlined a budgeting scenario relating to parks using a one park per year approach or 1.5 parks approach that would be developed as part of a comprehensive planning for park equipment replacement and improvement. One of the goals of this planning process would be to even out park replacement work so that everything would not wear out at the same time. Neighborhood Street Improvement Issues Mr. McCauley shared that the majority of the Orchard Lane West project priorities relate to water and drainage issues. Director of Public Services Diane Spector discussed how projects are selected. First, areas are identified which have multiple needs. To help narrow down those project areas which are most needy, a checklist has been completed providing an across the board comparison of those projects. 09/23/96 _10- Ms. Spector talked about those areas with the highest priority needs, their related fiscal issues, and the physical ability to complete projects (average of four miles /year). Orchard Lane West Project Cost of the Orchard Lane West project is estimated at $3.65 million, to be covered by water utility, sanitary sewer utility, storm drainage utility, assessments (street and storm drainage) and other resources. Project costs will be refined with field work. Ms. Spector talked about the addition of three long streets (Winchester Lane, 66th Avenue, and Howe Lane) to the project. Two main reasons for completing these streets at this time include drinking water quality and completion of area drainage improvements. Common resident complaints and skunky water would be addressed by improving these three additional streets. France Avenue, 69th Avenue to North Ci , Limits This area was last reconstructed in 1956. Approximately 6,500 vehicles are served by this street on a daily basis. As well, it is a major bus route and also provides on- street parking. Since France Avenue is a State Aid street, reimbursement should be able to be obtained for incurred costs of the street and the utilities would pay for the utility work. It may not be possible to provide fieldwork, design, and construction engineering for both the Orchard Lane West and this project using in -house staff. 48th Avenue (southern part of City) Commercial/Industrial Location This roadway serves a commercial area and is in poor condition. As well, it experiences moderate to severe drainage problems. It is proposed the street be reconstructed as well as construction of a treatment pond to treat storm water prior to discharge into Ryan Lake. This project would only be proposed if the property owners petitioned for the project as the entire street costs would be assessed against the businesses. Councilmember Carmody expressed concern with establishing a difference between assessment of businesses for 100 percent of the project cost versus residents. If the street is a State Aid street the businesses would be assessed 70 percent with the remaining 30 percent covered by State Aid. Ms. Spector reviewed the City's assessment policies for various types of properties. Senior Deferral Program State statutes allow cities to establish programs to allow qualifying senior citizens and persons who are disabled to defer their special assessment until such time as the property is sold. 09/23/96 - 11 - Assessment Stabilization Program Ms. Spector believed it was questionable whether the City can afford to continue providing the funds for the assessment stabilization program. At the level of grants awarded in 1996, an expenditure of about $100,000 can be expected each year. Options Ms. Spector talked about three different options for Council to consider as follows: 1) Totally discontinue the Assessment Stabilization, and direct senior property owners to the existing deferral program. 2) Direct seniors to the deferral program, but continue the Assessment Stabilization program for non - seniors. 3) Continue the Assessment Stabilization program, but make dramatic changes in its implementation so that only property owners making less than a certain amount of money would receive a grant. Ms. Spector added implementation of a rolling five -year plan of neighborhoods to be considered for improvements will better educate residents about when their street is scheduled for construction. This will hopefully encourage residents to start saving money to help pay for assessments, or make other financial decisions knowing that such an expense is likely to come up. Councilmember Nichols indicated_ a desire to continue use of the Assessment Stabilization Program. Mayor Kragness inquired whether a disabled person would qualify for the deferral program. Ms. Spector indicated the program has not been used very much in the past. Mayor Kragness preferred totally discontinuing the Assessment Stabilization Program, and directing senior property owners to a senior deferral program. Councilmember Nichols confirmed corner lots would be a single assessment while double lots would be doubly assessed. ISTEA Grant Monies Councilmember Carmody cited identification of Brooklyn Boulevard as the "most dangerous in Hennepin County" inquiring about potential shared cost of the project and right of way acquisition. She wondered if a lower cost alternative might be installation of a median with cut outs. Councilmember Carmody inquired about mill and overlay costs. Ms. Spector indicated there would be minimal cost on the City's part if the project was only a mill and overlay. Councilmembers Carmody and Mann agreed mill and overlay needs to be completed. 09/23/96 -12- Staff will approach Hennepin County and will bring information back to Council regarding the City's options. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Mann to adjourn the meeting at 9:46 p.m. passed unanimously. �10, 4 4�& 4/KAL&&k A&e�— &tOLO��, City Clerk ayor Recorded and transcribed by: Connie Beckman Timesaver Off Site Secretarial 09/23/96 -13 -