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HomeMy WebLinkAbout1997 01-27 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 JANUARY 27, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called Y ty g s call to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INVOCATION Invocation was given by Steven Loopstra, Northbrook Alliance Church. COUNCIL REPORTS Councilmember Carmody noted a recent article in the Home & Garden section of the Star Tribune which featured a Brooklyn Center resident. Mayor Kragness read a letter from State Representative Lyndon Carlson wishing the Council well in 1997. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom asked that item 9.a. be removed from the agenda. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF APPLICATION FORAUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM ANOKA COUNTY PHEASANTS FOREVER A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the 1/27/97 -1- application for authorization for an exemption from lawful gambling license from Anoka County Pheasants Forever passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM MINNESOTA BOWHUNTERS, INC A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the application for authorization for an exemption from lawful gambling license from Minnesota Bowhunters, Inc., passed unanimously. RESOLUTION NO. 97-15 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. McCAULEY AS RESPONSIBLE AUTHORITY FOR PURPOSES OF THE MINNESOTA GOVERNMENT DATA PRACTICES ACT The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-16 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. PAY EQUITY COMPLIANCE REPORT A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the pay equity compliance report passed unanimously. RESOLUTION NO. 97-17 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Peppe 1/27/97 -2- and passed unanimously. RESOLUTION NO. 97-18 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-19 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR MNRRA PLAN FUNDING ASSISTANCE The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -20 Member Carmody introduced y o d the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1997 -11, ELEVATED STORAGE TANK REPAIR - TOWER NO. 2, AND AUTHORIZING A REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-21 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1997 -10, SCADA AND INTRAC SYSTEMS REPLACEMENT, AND AUTHORIZING A REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 1/27/97 -3- RESOLUTION NO. 97 -22 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF ONE (1) ELGIN PELICAN SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -23 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF ACCESSORIES FOR DUMP TRUCK #93 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-24 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF ACCESSORIES FOR DUMP TRUCK #94 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. I RESOLUTION NO. 97 -25 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION MODIFYING EMPLOYEE RECOGNITION PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -26 Member Carmody introduced the following resolution and moved its adoption: 1/27/97 -4- RESOLUTION RECOGNIZING EMPLOYEES WITH 20 OR MORE YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. The following employees were recognized: Thirty or More Years of Service Gary Giving, Engineering Tech III Scott Kline, Police Chief Twenty -five or More Years of Service Gregory Weeks, Police Sergeant Al Hartmann, Engineering Tech III Kathy Flesher, Rec Program Supervisor John Bentzen, Parks Maintenance Ron Pearson, Public Safety Dispatcher Larry Hansen, Street Maintenance Richard Fryer, Police Officer Twenty or More Years of Service Joel Downer, Police Captain Stephen McComb, Police Captain Robert Dirks, Police Officer John Ptak, Police Sergeant Ronald Warren, Planning & Zoning Specialist Orlander Nelson, Parks Maintenance David Peterson, Public Works Superintendent Jean Dorweiler, Public Safety Dispatcher Melvin Larson, Streets Maintenance Brad Hoffman, Community Development Director Lloyd Knutson, Streets Maintenance John Harlow, Supervisor of Streets and Parks Gerald Olson, Liquor Stores Manager Cathy Hennessy, Police Sergeant David Grass, Police Sergeant Gary Karlson, Parks Maintenance LICENSES Mechanical Systems Advanced Energy Services, Inc. 3650 Annapolis Lane, Plymouth Albers Mechanical Services, Inc. 200 West Plato Boulevard, St. Paul 1/27/97 -5- I Carver Heating & Air, Inc. 116 Peavey Road, Chaska Centraire Heating & Air, Inc. 7402 Washington Avenue, Eden Prairie Cronstroms Heating & Air, Inc. 6437 Goodrich Avenue, St. Louis Park Egan Mechanical Contractors, Inc. 7100 Medecine Lake Road, Minneapolis Fireplace Showroom, Inc. 225 County Road 81, Osseo Golden Valley Heating & Air 5182 West Broadway, Crystal Harris Contracting Company 2300 Territorial Road, St. Paul Heating & Cooling Two, Inc. 18550 County Road 81, Maple Grove Home Energy Center 15200 25th Avenue North, Plymouth Horwitz, Inc. 5000 North Highway 169, Minneapolis Lakeland North Heating & Air, Inc. 16041 Kangaroo Street NW, Anoka Maple Grove Heating & Air, Inc. 401 County Road 81, Osseo Market Mechanical 8701 Wyoming Avenue North, Brooklyn Park P & H Services Company, Inc. 1601 67th Avenue North, Brooklyn Center PRS Mechanical, Inc. PO Box 68111, Minneapolis Ron's Mechanical, Inc. 12011 Old Brick Yard Road, Shakopee Standard Heating & Air 410 West Lake Street, Minneapolis Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis Vogt Heating & Air 3260 Gorham Avenue, St. Louis Park Yale, Inc. 9649 Girard Avenue South, Bloomington Rental Dwellings Renewals: Vinh and Ha Ly 6007 Brooklyn Boulevard Curtis Cady 6915 Brooklyn Boulevard Richard Olson 5818 Humboldt Avenue North Patricia Beier 5300 -04 Vincent Avenue North Donald Sobania 3701 47th Avenue North Sign Hangers Lawrence Signs 945 Pierce Butler Route, St. Paul Topline Advertising 1471 92nd Lane NE, Blaine Tobacco Related Product Drug Emporium 5900 Shingle Creek Parkway OPEN FORUM There were no requests for open forum. 1/27/97 -6- PUBLIC HEARING APPLICATION FOR LICENSE TO OPERATE A PAWN SHOP AT 1964 57TH AVENUE NORTH, SUITE 17. SUBMITTED BY CA H `N PAWN City Manager McCauley explained that Cash `n Pawn had made application for a license to operate a pawn shop at Northbrook Plaza. Taxes on the subject property that were unpaid in 1996 have now been paid. He further noted that the Council at a prior meeting had requested that staff report on whether the City could impose a moratorium on the creation of new pawn shops in the City. The City has the authority to adopt interim ordinances for the purpose of protecting the planning process and the - health, safety, and welfare of its citizens. The basic issue in a legal challenge would be whether the City's ordinance was in fact reasonably necessary to protect public interests or whether it was arbitrary, capricious, and unreasonable, and enacted for improper purposes. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing passed unanimously. Jennifer Greene, Retail Leasing Representative with Welsh Companies, was present to answer any questions. Jo Mills, 5517 Logan Avenue North, spoke in opposition to the pawn shop. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. Councilmember Hilstrom stated that she wanted the imposition of a moratorium on pawn shops due to several unaddressed zoning issues (i.e., distance from schools, churches, etc.). Councilmember Peppe was concerned about the proximity of Northbrook Plaza to the residential neighborhood and worried about a possible increase in crime in that area. Mayor Kragness noted that Cash `n Pawn has fulfilled all requests of the City for this business license, including the payment of 1996 unpaid taxes. She believed that a lengthy moratorium was inappropriate and would only keep this business waiting for a license. Councilmember Carmody stated that the City has had ample time to address this issue, and she feared a potential lawsuit if the City decided to impose another moratorium to study the issue. Councilmember Lasman noted that the moratorium adopted by the Council in 1994 for pawn shops resulted in no change to the City's ordinance code. She further suggested the Council be careful to avoid litigation. 1/27/97 -7- City Attorney LeFevere responded to a Council question regarding another moratorium on the pawn shop issue. Mr. LeFevere stated that a moratorium was subject to legal challenge. He suggested that the previous moratorium for pawn shops, which did not result in any change to the ordinance code, would be offered as evidence that the City merely intended to stop this business from coming into town because of neighborhood opposition or the unpopularity of pawn shops generally. Councilmember Hilstrom made a motion to direct staff to prepare a resolution establishing a moratorium on pawn shops. Councilmember Peppe seconded the motion. The motion failed on a vote of Councilmembers Hilstrom and Peppe voting aye; Councilmembers Carmody, Lasman, and Mayor Kragness voted nay. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the application for license submitted by Cash `n Pawn passed on a vote of Councilmembers Carmody, Lasman, and Mayor Kragness voting aye; Councilmembers Hilstrom and Peppe voted nay. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 97001 SUBMITTED BY ST ALPHONSUS PARISH Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 97001 submitted by St. Alphonsus Parish requesting a Special Use Permit and Site and Building Plan approval to construct a 22,000 square foot addition to the existing church for a meeting hall and additional space in the education wing. A motion was made by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 97001 subject to the following conditions: 1. The Special Use Permit is granted for the expansion of the St. Alphonsus church for a meeting hall and educational wing including a kitchen facility. The use may not be altered or expanded beyond the specific approval without being consistent with the City's zoning regulations or an amendment to the Special Use Permit. 2. Building plans for the expansion project are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 1/27/97 _g_ i 4. 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 approved site improvements. 5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 6. The building addition is 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 as determined by the Building Official. 7. B -612 curb and gutter shall be provided around all new or improved driving and parking areas. 8. The applicant shall submit an as -built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. 9. The storm drainage system, grading plan, and the design of the water detention facility are subject to the review and approval of the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. 10. Ponding areas required as a 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 permits. 11. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 12. The plan shall be modified to provide a proper offset of a least 125 feet for the proposed relocated access from the center line of Indiana Avenue or align with Indiana Avenue. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 97002 SUBMITTED BY BROOKDALE MITSUBISHI Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 97002 submitted by Brookdale Mitsubishi requesting Preliminary Plat Approval to combine properties into a single parcel for construction of an approximate 18,000 square foot automobile dealership. 1/27/97 -9- A motion was made by Councilmember Carmody and seconded by Councilmember Peppe to approve Planning Commission Application No. 97002 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing 10 -foot wide and 15 -foot wide drainage and utility easements located along either side of the driveway serving the current lot configuration shall be eliminated in a manner approved by the City Attorney. 4. The triangular shaped piece of property located in Brooklyn Park and adjacent to the subject property shall be dedicated to the use of this site through a legal encumbrance as approved by the City Attorney. Said encumbrance shall be filed with this plat at Hennepin County. 5. The area on the preliminary plat indicated as delineated wetland shall be protected by an easement in a manner and form approved by the City Attorney. The motion passed on a vote of Councilmembers Carmody, Lasman, Peppe, and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. COUNCIL CONSIDERATION ITEMS REPORT ON MALLARD CREEK TWINHOME ASSOCIATION Greg Higdem, representing Mallard Creek Twinhome Association, requested the opportunity to further review a recent staff memo in response to the Association's desire to dedicate its two cul -de -sac private streets to the City. The Association requested that the matter be on the agenda at a later date. MAYORAL APPOINTMENTS A motion by Councilmember Carmody and seconded by Councilmember Lasman to ratify the following mayoral nominations for commissions passed unanimously. Financial Commission -- Michael Weidner Human Rights and Resources Commission - -Karyn Huemoeller, Leona Raisch, Shawn Taylor Northwest Hennepin Human Services Council Advisory Commission -- Bonnie Jude Park and Recreation Commission -- Richard Theis 1/27/97 -10- THE ASSESSMENT STABILIZATION AND SENIOR DEFERRAL PROGRAM City Manager McCauley explained that staff was seeking Council direction on the Assessment Stabilization Program and the Senior Deferral Program. He outlined several options described in the memorandum from Public Services Director Diane Spector. Ms. Spector stated that the Assessment Stabilization Program was initiated with no designation of a permanent funding source. There are not sufficient funds available in the Local State Aid fund to continue the program and also fund the other improvements for which the fund was established. Ms. Spector further stated that the Senior Deferral Program has been in place since 1978 but needs modification. She suggested reducing the income cap to the very low income limit by household size and limiting the accrual of interest to the term of the original assessment (presently, interest accrues indefinitely on deferred amounts). The general consensus of the Council was to explore a hybrid -type program, incorporating a mix of assessment stabilization and its sensitivity to income /disability guidelines and retaining the senior deferral program with possible modifications. Councilmember Peppe made a motion to direct staff to look at several discussed options. Councilmember Carmody seconded the motion, and the motion passed unanimously. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING IMPROVEMENT PROJECT NOS 1997 -01 02 AND 03, ORCHARD LANE WEST, STREET STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 97 -27 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03, ORCHARD LANE WEST, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 1/27/97 -11- PRESENTATION ON POLICE FIRE AND AMERICANS WITH DISABILITIES ACT BUILDING REQUIREMENTS City Manager McCauley explained several code and ADA deficiencies with the various City facilities for the police department, fire department, and for City Hall. Also, OSHA requirements are not being met at the fire station on 63rd Avenue North. The list of deficiencies was long, and the City needs to be in compliance with the laws and regulations it requires of others. In the exploration stage are the following concepts: A) Construct a new fire station at 63rd Avenue North for less than remodeling, B) Remodel the Dupont Avenue fire station, C) Expand police into entire current City Hall building with minimal remodeling, and build a garage for the police vehicles, and, D) Construct new office space adjacent to the present building to replace the displaced general office space. Currently in the police department, the female officers are in a janitor's closet. General overcrowding in the department includes: investigators with no interview rooms; sergeants all in a cramped row; evidence spilling into the garage; combining of squad room, break room, and offices; lack of jail space; records in various places and rotated around; no space to meet with public on complaints except in the lobby; and, no space to inventory car contents and bring in prisoners. In the fire department, OSHA requirements for clean rooms can not be met and the air quality is jeopardized from truck exhaust, along with general age and deterioration of the building on 63rd Avenue North. Additional space is needed for space for equipment drying, equipment storage needs, sleeping quarters that are in compliance, and facilities for both genders. In the current general complex, concerns include: lack of handicapped accessible restrooms; lack of access between floors of Community Center (ADA); difficulty of accessing City offices and Council meetings due to confusing layout and placement of parking; aged heating, ventilation, and air conditioning; and, underground petroleum storage tank removal. A general overview of the proposed concept would include: building a new fire station on 63rd Avenue North for less than combined remodeling; remodeling the Dupont fire station without expansion of the garage and duplication; expanding the police department into all of the current building and building garages, remodeling first floor space into complying jail space, providing adequate locker and restroom facilities for both male and female officers, and providing adequate evidence space; moving police administration, records, investigators, etc., to the second floor with minimal remodeling; replacing the office space used by police with rectangular office space that would connect the existing city hall/police with the community center; and, addressing some of the ADA deficiencies in a combined fashion (i.e., an elevator to serve both the new building and the community center) and making the whole complex more citizen accessible by having one entrance area to both city offices and the community center 1/27/97 -12- on ground level adjacent to convenient parking. General discussion ensued. A motion was made by Councilmember Lasman requesting staff proceed with developing plans, working out several issues, conducting public meetings and holding open houses, and refining a possible financing proposal. The motion was seconded by Councilmember Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn the meeting at 9:05 p.m. passed unanimously. uv City Clerk Mayor Recorded and transcribed by: LeAnn Larson 1/27/97 -13-