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HomeMy WebLinkAbout1995 07-10 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 10, 1995 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 Barb Kalligher, Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were Interim City Manager Cam Andre, Director of Public Services Diane Spector, Finance Director Charlie Hansen, City Engineer Scott Brink, Communications Coordinator Terri Swanson, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. OPENING CEREMONIES Rev. Steve Loopstra offered the invocation. COUNCIL REPORTS There were no council reports. PRESENTATION The Communications Coordinator introduced Ruth Dickson, of the City's Administration Department, who was chosen the City's first "Employee of the Quarter." Mayor Kragness congratulated Ms. Dickson and presented her with a plaque. She noted the award is noteworthy because the winner is nominated and chosen by peer employees. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Kalligher asked for Item 6(e) to be removed from the consent agenda. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the July 10, 1995, agenda and consent agenda with the removal of Item 6(e). The motion passed unanimously. 7/10/95 r APPROVAL OF MINUTES JUNE 19. 1995 - SPECIAL SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of the June 19, 1995, Special Session as printed. The motion passed unanimously. JUNE 19. 1995 - SPECIAL WORK SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of the June 19, 1995, Special Work Session as printed. The motion passed unanimously. JUNE 20, 1995 SPECIAL SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of the June 20, 1995, regular session as printed. The motion passed unanimously: RESOLUTIONS RESOLUTION NO. 95 -152 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPOINTING CAM ANDRE TO THE EXECUTIVE COMMITTEE OF THE FIVE CITIES SENIOR TRANSPORTATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -153 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPOINTING CAM ANDRE TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -154 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION APPOINTING CAM ANDRE AS DIRECTOR TO THE BOARD OF DIRECTORS OF LOGIS 7/10/95 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. BOND SURVEY QUESTIONS There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the bond survey questions as written. The motion passed unanimously. RESOLUTION NO. 95 -155 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1994 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1994 -22, CONTRACT 1994 -C The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -156 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/10/95) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR K -Mart 5930 John Martin Drive Scoreboard Pizza 6816 Humboldt Ave. N. Toys R Us 5425 Xerxes Ave. N. AMUSEMENT DEVICES - VENDOR Just Kiddie Rides 12 -2 Dubon Court, New York GARBAGE AND REFUSE COLLECTION Aagard Sanitation P.O. Box 21248, St. Paul Aspen Waste Systems, Inc. 2523 Wabash Ave. Browning Ferris Industries 9813 Flying Cloud Drive Darling & Co. P.O. Box 12785, New Brighton Hilger Transfer 8550 Zachary Lane 7/10/95 -3 - Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls Nash and Sons Hauling 2301 93rd Way T & L Sanitation Service, Inc. P.O. Box 34695, Blaine Twin City Sanitation 279 Meadowwood Lane United Waste Transfer 95 West Ivy Ave. Walz Bros. Sanitation, Inc. P.O. Box 627, Maple Grove MECHANICAL SYSTEMS Carver Heating & A /C, Inc. 109 East 3rd Street Excel Air Systems 2075 Prosperity Road POOL AND BILLIARDS TABLES Chi - Chi's, Inc. 2101 Freeway Blvd. RENTAL DWELLINGS Initial: Jeannette M. Mattson 6801 Bryant Ave. N. Renewal: Leslie G. Reinhardt 5713 Humboldt Ave. N. Sherry Ward 6915 Indiana Ave. N. William O'Dell 4201 Lakeside Ave. N. #108 Hearthstone Properties 6012 Zenith Ave. N. Jay Beyer - Kropuenske 3129 49th Ave. N. Jay Beyer - Kropuenske 3135 49th Ave. N. Myrna Hubert 5300 70th Circle The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received one request to use the open forum session this evening. Josiah Filson addressed the Council regarding Evergreen Park. He noted he built the flower garden in Evergreen Park as a part of his Eagle Scout project in 1994. When he presented the project to the City, it was incomplete pending planting of additional plants. He reported on how the project has now been completed. He then stated one other area of the park, the old playground enclosure, is an eyesore. He offered two suggestions on how the area could be improved -- a volleyball court or a pavilion. He offered to help manage the building of a pavilion. Mayor Kragness commented it might be appropriate for Mr. Filson to offer his help to the Park and Recreation Commission. 7/10/95 - 4 - Councilmember Mann noted the members of the Park and Recreation Commission recently toured the City's parks and agrees about the old playground site at Evergreen Park. The Commission also mentioned the possibility of a volleyball court on the site. She will convey Mr. Filson's ideas to the Commission at its next meeting. PUBLIC HEARING The agenda called for an administrative hearing for a water and sewer utility bill at 7201 Major Avenue North. The Finance Director explained the unpaid bill covers services from January 19, 1995, to April 19, 1995. During that period, the house was occupied and more than the minimum amount of water was used. He detailed the history of the attempt to collect the bill. He noted the owner requested an administrative hearing following the City's issuance of a customary "arrangement letter." The City's next action would be to shut off water service. Mary Pat Nolan- Kubic, 7631 170th Avenue N.W., Ramsey, spoke on behalf of the property owner, Michael Haugsted. She indicated she had a written power of attorney to do so. Ms. Nolan-Kubic stated Mr. Haugsted vacated the property on February 13, 1994, and then filed for divorce from his wife. According to a court order, the wife was responsible for payment of the utilities. He was unaware of the outstanding bills until he began to have the mail forwarded when his ex -wife was recently ordered out of the house. She asked the Council to delay any further action two weeks until the issue can be resolved in family court. Mayor Kragness stated it would have been helpful if Mr. Haugsted had provided the City with a copy of the court order. Ms. Nolan-Kubic stated she had attempted to obtain one and could provide it tomorrow. Councilmember Carmody asked why Mr. Haugsted did not contact the City about the bills. Ms. Nolan-Kubic replied Mr. Haugsted was not aware of the utility bill. Councilmember Carmody asked what options would be available to the Council in this situation. The Finance Director stated that after this point in the process is reached the City does not usually grant much latitude to arrange a payment plan. However, he noted no policy exists which prohibits further latitude. Councilmember Carmody noted the water is still connected to the house and nobody is living there. The Finance Director said that, legally, the water bill belongs with the property rather than with any certain person. If the property is sold, the seller would need to clear the bill. Either way, Mr. Haugsted is responsible. Councilmember Carmody suggested the Council delay action for two weeks so the issue can be resolved. If resolution is not reached, the issue would come back before the Council on July 24. 7/10/95 -5 - Mayor Kragness agreed but noted Mr. Haugsted should be prepared to handle the issue at that time. Ms. Nolan-Kubic asked whether the money would be due in two weeks. She was told it would. The Finance Director recommended he be given authority to shut off the water to the property if resolution is not reached. That way, he will not need to come back before the Council with the issue. There was a motion by Councikmember Carmody and seconded by Councilmember Kalligher to authorize the Finance Director to attempt resolution of the utility bill with Mr. Haugsted and to shut off the water service to the house if resolution is not reached within the next two weeks. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS PLANNING COMMISSION APPLICATION NO. 95009 The Planning and Zoning Specialist reviewed the details of the application. He noted the applicant is the City, and the parties are in concurrence on the rezoning. The Planning Commission, by Resolution No. 95 -01, made findings and recommended approval of the application. He noted Council is being asked to take two actions, pass a draft resolution which would approve and acknowledge the five findings as the basis for the approval, and pass an ordinance allowing enactment of the plan. He reviewed the five findings. They are as follows: 1. The Rezoning and Planned Unit Development proposals are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Rezoning and Planned Unit Development proposal will allow for the utilization of land in question in a manner which is considered compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Rezoning and Planned Unit Development proposal will conform, for the most part, with City Ordinance standards. Variation from the parking requirement for the Holiday Inn allowing it to relinquish its rights to 65 parking spaces allocated to it in the central parking lot is justified based on a double counting of the parking requirement and the experience of approximately ten years which indicates no need for the additional 65 parking spaces. A lesser parking standard can be permitted also on the grounds of the complementarily of peak parking demands by the uses within the PUD. 7/10/95 - 6- 4. The Rezoning and Planned Unit Development proposal are considered compatible with the recommendations in the City's Comprehensive Plan for this area of the City. 5. The Rezoning and Planned Unit Development appear to be a good utilization of the central parking facility and access road and can be considered to be in the best interest of the community. RESOLUTION NO. 95 -157 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 95009 SUBMITTED BY THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. Regarding the ordinance, the Planning and Zoning Specialist noted any modifications would be brought before the Council. He stated a public hearing has been held and that all parties to the sixth amendment are aware of the draft agreement. The purpose of the ordinance is to define and describe the properties under one designation. The ordinance is offered for a first reading prior to public hearing. Councilmember Hilstrom noted she had heard that General Litho is not moving forward. She asked whether, in such a case, the item would be brought back to the Council. The Planning and Zoning Specialist answered that if General Litho does not carry through on its plans, and a new project is proposed, the new project would be required to be reviewed by the Planning Il i Commission and City Council. Mayor Kragness asked whether there will be on- street parking. The Planning and Zoning Specialist explained there will not be parking on any public streets, there will be a private road maintained by the parties. The only concern is that parking does not spill out onto Shingle Creek Parkway but it is not expected that will happen. Councilmember Carmody asked whether, in the future, the formula will be changed to allow hotel /restaurant combinations. The Planning and Zoning Specialist indicated such an action could be considered at the time it arose. ORDINANCE The Interim City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification ' g g o C ass ficatlon of Certai n Land. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The motion passed unanimously. 7/10/95 -7- PLANNING COMMISSION APPLICATION NO. 95010 Councilmember Hilstrom left the meeting at 7:41 p.m., noting she would neither take part in the discussion of the item nor vote on the matter. The Planning and Zoning Specialist reviewed Planning Commission Application No. 95010 submitted by Robert L. Adelman, a request for Special Use Permit to install and operate a propane tank at Duke's Mobil, 6501 Humboldt Avenue North. The Planning and Zoning Specialist explained this addition would qualify as a Special Use in the C -2 district. The tank would be located on a greenstrip between access drives. The Planning and Zoning Specialist noted the Planning Commission, when reviewing the application, was concerned about congestion in the area and added a condition requiring signage so cars would not be parked near the area. The Planning Commission recommended approval of the application subject to six conditions. He stated the applicant was present to answer questions. Councilmember Mann asked whether the steel poles are required by the City code. The Planning and Zoning Specialist stated the poles may not be required in the code but are common sense. Councilmember Mann stated she was concerned because there is a school across the street from the site. She then suggested a condition be added to require station personnel be trained in propane service. Councilmember Kalligher agreed. Mayor Kragness addressed the applicant, Robert L. Adelman. She noted she was concerned about the safety aspect of the tank. She stated, in winter, snow and ice could result in cars sliding into the driveway. She asked how dangerous the situation would be and whether the tank could explode. Mr. Adelman said it would not explode. The purpose of the poles is to deflect cars from hitting the tank. The area where the tank will be is not an area which cars usually run into. The snow is plowed east to west and is piled in the back of the station. Mr. Adelman said the place chosen for the tank was the safest choice. Any other place that is visible would be more vulnerable. The area chosen is visible and safe. Mayor Kragness asked how many poles will be used to surround the tank. Mr. Adelman said he will use however many poles are required by the City. The Planning and Zoning Specialist noted the Fire Chief will make a ruling regarding number of poles. There will probably need to be three to four feet between poles. The Planning and Zoning Specialist also noted the propane will not be purchased self - serve. The tank will only be used by the trained attendant. Councilmember Carmody asked whether the graphic displayed on the overhead projector was to scale. The Planning and Zoning Specialist said it was. 7/10/95 - 8 - There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve Planning Commission Application No. 95010 subject to the following conditions: 1. The Special Use Permit is granted to the applicant to install and operate a propane tank and dispensing facility with an opaque enclosure at 6501 Humboldt Avenue North as provided in the plans submitted. Any expansion or alteration of this proposal shall require an amendment to this Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, could be grounds for revocation. 3. Final building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 4. The plans for the location and various safety items are subject to the review and approval of the Fire Chief prior to the issuance of permits. 5. The enclosure is for the purpose of screening the propane tank and shall not have signs affixed to it other than directional or warning signs specifically approved by the Building Official or Fire Chief. 6. The area adjacent to the propane tank enclosure, between the curb and the pump island service area, shall be kept open for vehicle circulation and signed "No Parking Fire Lane." 7. All employees of Duke's Mobil who are assigned to work with the propane tank will be trained in safe use of propane tanks. The motion passed unanimously. Councilmember Hilstrom abstained. Councilmember Hilstrom returned to the Council table at 7:54 p.m. RESOLUTION NO. 95 -158 Member Barb Kalligher 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 Kristen Mann, and the motion passed unanimously. Councilmember Carmody expressed thanks to the committee for a wonderful job. DISCUSSION OF TABLED RESOLUTION 7/10/95 -9- The Director of Public Services noted at the last Council meeting the bids for Improvement Project No. 1995 -11, CMP Sanitary Sewer Relining, were reviewed then a recommendation made to award the contract to the second lowest bidder. The matter was tabled. Since that time, Staff has met with the two low bidders. The City Engineer has obtained third- party references. Staff is not yet prepared to make further recommendations at this time. Both bidding companies have agreed to extend their bids for 30 days. The Director of Public Services asked that the matter be tabled for two additional weeks to allow Staff more time to consider the matter. There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to table the resolution accepting bid and awarding contract, Improvement Project No. 1995 -11, Contract 1995 -E, Corrugated Metal Pipe Sanitary Sewer Trunk Relining until the next meeting of the City Council. The motion passed unanimously. RESOLUTION NO. 95 -159 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING AND CONGRATULATING RUTH DICKSON AS THE CITY OF BROOKLYN CENTER EMPLOYEE OF THE QUARTER, SECOND QUARTER 1995, AND CONGRATULATING ALL SECOND QUARTER 1995 NOMINEES The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Carmody to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:58 p.m. Deputy City Clerk Mayo Recorded and transcribed by: Barbara Collman TimeSaver Off Site Secretarial 7/10/95 - 10-