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Home My WebLink About1997 02-10 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 FEBRUARY 10, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 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 Pastor Judy Fornara, Spiritual Life Ministries. COUNCIL REPORTS Mayor Kragness noted the Award of Merit plaque had been received for the New Resident Packet. This award was given to Brooklyn Center for exceptional publication achievement in the 1996 City Hall Public Information Awards Competition. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested that item 7.g. Pawn Shop Discussion be added to the agenda. A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as printed with the addition of item 7.g. Pawn Shop Discussion passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve minutes of the January 13, 1997- Regular Session as printed passed unanimously. 2/10/97 -1- RESOLUTION NO. 97-28 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN INTEREST RATES FOR THE YEAR 1997 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. APPROVAL OF LEAGUE OF MINNESOTA CITIES INSURANCE TRUST TO PROVIDE LONG TERM DISABILITY INSURANCE FOR THE CAFETERIA BENEFIT PLAN A motion was made by Councilmember Carmody to approve the League of MN Cities Insurance Trust as a provider of long term disability insurance for the cafeteria benefit plan. The motion was seconded by Councilmember Peppe and passed unanimously. • RESOLUTION NO. 97-29 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO TGI FRIDAY'S OF MINNESOTA, INC. DBA/T.G.I. FRIDAY'S The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-30 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE AMENDMENT AND RESTATEMENT OF THE CITY OF BROOKLYN CENTER HEALTH CARE AND DEPENDENT DAY CARE EXPENSE REIMBURSEMENT PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97-31 Member Carmody introduced the following resolution and moved its adoption: 2/10/97 -2- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1997 -07, CONTRACT 1997 -A, REPLACEMENT OF UNDERGROUND STORAGE TANKS AND FUEL SYSTEM, CENTRAL GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION NO. 97 -32 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 1996 -01, 02, AND 03, CONTRACT 1996 -B, ORCHARD LANE EAST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. LICENSES Bowling Allev Lynbrook Bowl 6357 Lilac Drive North Gasoline Service Station MacMillan Bloedel 4810 Lilac Drive North Mechanical Systems Changing Climates 1029 Paul Parkway #206, Blaine Diamond Power Mechanical, Inc. 8375 Sunset Road, Spring Lake Park Faircon Service 1891 West County Road C, Roseville McQuillan Bros. Plumbing & Heating 452 Selby Avenue, St. Paul Northwestern Service, Inc. 791 Hampden Avenue, St. Paul Peterson Bros. Sheetmetal 4110 Central Avenue NE, Columbia Heights Swenson Heating & Air Conditioning 6700 West Broadway, Brooklyn Park Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park Ray N. Welter Heating Company 4637 Chicago Avenue South, Minneapolis Pool and Billiard Tables C.D.L. @ Brooklyn Center Comm. Ctr. 1317 Jefferson Highway South, Champlin Rental Dwellings Initial: Todd McDonald 5906 York Avenue North 2/10/97 _3_ Renewal: Gary Scherber The Lilacs, 5800 Logan Avenue North Boyer Palmer 6101 Beard Avenue North James & Bobbie Simons 6109 -11 -13 Beard Avenue North Terry L. Hartmann 6827 Fremont Place North Gary Scherber 5820 Logan Avenue North Lucille Hanggi 3725 47th Avenue North Sign Hanger Nordquist Sign Company, Inc. 312 West Lake Street, Minneapolis OPEN FORUM There were no requests for open forum. COUNCIL CONSIDERATION ITEMS REQUEST FROM EARLE BROWN DAYS COMMITTEE City Manager McCauley explained the concept of holding a public open house at the Earle Brown Heritage Center in June. An open house would showcase the facility, offering a general promotional opportunity. The Brooklyn Historical Society has been contacted to provide assistance and other activities for the event. Also, Mr. McCauley noted an upcoming meeting date of February 18 with the Earle Brown Days Committee to discuss the possibility of incorporating Earle Brown Days activities into a City- sponsored open house at the Heritage Center. Mr. McCauley requested deferral of this item until after the February 18 discussion. A motion by Councilmember Carmody and seconded by Councilmember Lasman to defer this issue to the February 24, 1997, Council meeting passed unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS City Manager McCauley explained that the 1997 Urban Hennepin County Community Development Block Grant (CDBG) entitlement will be approximately $247,856. Federal CDBG dollars flow from the federal government through the Department of Housing and Urban Development to Hennepin County, where funds are allocated to 43 participating cities on a formula basis. The Federal CDBG program requires a public hearing to provide public comment and input on the ro osed use of CDBG funds. � r Additionally, the CDBG program requires the City to list proposed activities it wishes to undertake in the public hearing notice. 2/10/97 -4- This resolution sets a date of March 10, 1997, for the public hearing. RESOLUTION NO. 97 -33 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1997 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS PERMISSION TO CONSTRUCT. OPERATE REPAIR AND MAINTAIN IN THE CITY OF BROOKLYN CENTER. MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES. INCLUDING NECESSARY POLES LINES FIXTURES AND APPURTENANCES. FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS. AND OTHERS AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES City Manager McCauley explained that this item represents the renewal of NSP's franchise agreement with the City to operate an electric distribution system and transmission lines in Brooklyn Center. This franchise was last reviewed and renewed in 1977. Mr. McCauley noted there was still discussion with NSP regarding whether the term of the franchise agreement should be 10 years or 20 years. Additionally, there was discussion regarding specific language in a particular section. Thus, Mr. McCauley requested that this item be tabled. There was a motion made by Councilmember Carmody to table this matter to a future Council meeting. The motion was seconded by Councilmember Peppe and passed unanimously. AN ORDINANCE AMENDING CHAPTERS 35 19 AND 7 OF THE CITY ORDINANCES RELATING TO THE PUBLIC HEALTH. SAFETY MORALS AND GENERAL WELFARE: ADULT ESTABLISHMENTS City Manager McCauley explained that this ordinance is an amendment relating to adult establishments which has been reviewed and recommended by the Planning Commission. This ordinance amendment was prepared in response to direction given following a joint Planning Commission/City Council meeting on December 9, 1996. The ordinance amendment would provide for and define adult uses which would be concentrated in the Industrial Park (1 -1) zoning district rather than to be dispersed throughout the commercial districts within the City. 2/10/97 -5- City Attorney Charlie LeFevere outlined the ordinance amendment. The recommended ordinance amends three separate chapters under the City Ordinances. Chapter 35, which is the City's Zoning Ordinance, establishes a new section defining "adult establishments" as well as other terms relating to adult establishments and would limit the location of adult establishments to the I -1 zoning district. The proposed ordinance would also amend Chapter 19, which relates to nuisances and petty offenses and would establish certain regulations relating to a specific category of adult establishments, that being "adult cabarets." The ordinance amendment would also amend Chapter 7 which deals with general health and sanitation regulations and would add regulations for commercial premises, buildings, and structures that may be conducive to the spread of communicable diseases. Mr. LeFevere explained that this ordinance amendment deals primarily with pornography. Since pornography can be regulated but not prohibited, limiting these adult establishments to one zone in the City may be the way to regulate the sale of pornography to the greatest extent possible. Councilmember Hilstrom inquired how to address the issue of alcohol at these adult establishments. Mr. LeFevere will report back on this issue which would probably be addressed in the liquor licensing code. Councilmember Hilstrom inquired about establishing distances between each adult establishment located in this proposed zone. Mr. LeFevere responded that this ordinance is a concentration type ordinance, not a dispersion type ordinance. Distance separations are common to dispersion models and shouldn't be used in a concentration model. The Planning Commission's effort was to limit pornography as much as possible while being constitutionally defensible. Planning and Zoning Specialist Ron Warren reviewed how the Planning Commission arrived at its decision. Mayor Kragness inquired if any applications for an adult establishment had been received. Mr. Warren said no. Councilmember Carmody asked if any substantive changes could be made to the ordinance amendment at this time. Mr. LeFevere suggested adopting this ordinance and then establishing further amendments for any other possible restrictions at another time. There was a motion made by Councilmember Hilstrom to approve the first reading of the 2/10/97 -6- ordinance and set March 10, 1997, for a public hearing and second reading. The motion was seconded by Councilmember Carmody and passed unanimously. There was a motion made by Councilmember Hilstrom to direct staff to look into the issue of possibly establishing distances between adult establishments within this I -1 designated zone and ensuring that the issue of alcohol consumption at these establishments be dealt with. The motion was seconded by Councilmember Carmody and passed unanimously. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING IMPROVEMENT PROJECT NOS 1997-04,05, AND 06 FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS City Manager McCauley explained that this project essentially proposed to reconstruct the France Avenue roadway with new bituminous surfacing, install curb and gutter, provide upgrades to existing utilities, provide a stand -by emergency water connection with Brooklyn Park, and improve drainage. Public Services Director Diane Spector explained that the proposed width for the roadway has been discussed extensively with the property owners. Still, there seems to be no clear consensus of whether to widen the roadway, narrow the roadway, or leave the width the same. Councilmember Hilstrom asked for copies of the returned surveys recently sent by the Engineering Department. Ms. Spector responded that she would also prepare a compilation of the survey results. RESOLUTION NO. 97 -34 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. 1997-04,05, AND 06, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. DISCUS TON REGARDING MEETING PERIODICALLY WITH OSSEO SCHOOL DISTRICT City Manager McCauley noted recent correspondence from the Osseo school district inquiring 2/10/97 -7- about interest in joint city and school district sessions to review mutual problems and ensure good communication. A survey was included asking if there was interest in the joint effort, how often school and city officials should meet, and when would be convenient. Councilmember Hilstrom stated it was very important that the City and Osseo school district complement each other and avoid duplication of services. She asked if evening meetings would be possible rather than meeting during the day. Councilmember Carmody suggested quarterly meetings rather than monthly. Councilmember Lasman stated that joint efforts of the past should be noted. She suggested meeting with each of the four school districts, not just Osseo school district, on a quarterly basis and reporting as needed in the Council Reports forum. Mayor Kragness also suggested that evening meetings were preferable in order to include working Council members and that Council members might alternate attendance at these joint meetings. Councilmember Lasman offered to serve as Council representative to this joint effort if the 3:00 p.m. time slot was chosen as being best. A motion was made by Councilmember Lasman to have Mr. McCauley respond to this matter with the Council's desires. The motion was seconded by Councilmember Carmody and passed unanimously. PAWN SHOP DISCUSSION Councilmember Hilstrom stated that several issues relating to pawn shop locations were not addressed in the Zoning Ordinance: how closely they may be located to each other, and their distance from schools and churches. The Council consensus was to request staff to prepare a response to these issues. Mr. LeFevere responded by saying that zoning issues in relation to spatial distances could be addressed. Mr. McCauley stated that the Planning Commission could address these issues, too. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:40 p.m. passed unanimously. 2/10/97 -8- City Clerk Mayor Recorded and transcribed by: LeAnn Larson 2/10/97 -9-