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HomeMy WebLinkAbout1997 02-24 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 24, 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 Engineer Scott Brink, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. INVOCATION Invocation was given by Father Martin Stillmock, St. Alphonsus Church. COUNCIL REPORTS Councilmember Carmody reported on a recent Human Rights and Resources Commission meeting and that the Commission's bias/hate crime response policy proposal should be ready for the joint meeting in April with the City Council. Councilmember Lasman reported on a recent Crime Prevention meeting and the starting of a neighborhood watch by a boy scout troop. PRESENTATION State Representative Phil Carruthers noted that the Legislative session is underway. Issues under consideration include: the State budget surplus, the crime issue, and the multi -unit property bill. He also noted work on the Brookdale water ponding funding bill. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested item 61 be removed from the consent agenda for discussion. Mayor Kragness requested that item 10.g. Heritage Festival Discussion be added 2/24/97 -1- to the agenda. Councilmember Peppe requested item 6.g. be removed from the consent agenda for discussion. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the January 27, 1997- Regular Session as printed passed unanimously. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM EARLE BROWN ELEMENTARY PTA A motion was made by Councilmember Carmody to approve the application for exemption from lawful gambling license (raffle) from Earle Brown Elementary PTA. The motion was seconded by Councilmember Hilstrom and passed unanimously. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM NORTH HENNEPIN COMMUNITY COLLEGE A motion was made by Councilmember Carmody to approve the application for exemption from lawful gambling license (raffle) from North Hennepin Community College. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION NO. 97-35 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST #630 The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. PROCLAMATION DECLARING MARCH 2 THROUGH MARCH 9, 1997, AS VOLUNTEERS OF AMERICA WEEK A motion was made by Councilmember Carmody declaring March 2 through March 9, 1997, as Volunteers of America Week. The motion was seconded by Councilmember Hilstrom and passed unanimously. 2/24/97 -2- RESOLUTION NO. 97 -36 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE NORTH, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH, STREET, BRIDGE REPLACEMENT, ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION NO. 97-37 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. - 1996 -06, 07, AND 08, CONTRACT 1996 -G, LOGAN, JAMES, KNOX, AND 57TH, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES Mechanical Systems Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood North Suburban Heat & Air 19066 Jasper NW, Anoka Owens Services Corporation 930 East 80th Street, Bloomington Preferred Mechanical Services 7643 Logan Avenue South, Richfield River City Sheet Metal, Inc. 10105 Linnet Street NW, Anoka Rental Dwelling Initial: Imo Lane 5937 Camden Avenue North William Washington 5239 -41 Drew Avenue North Renewal: Evangelical Lutheran Church of the Master Brookdale Manor Norman Chazin Carrington Drive Center Park Senior Apts Maranatha Place Norman Chazin 6037 Brooklyn Boulevard Nancy Dahlquist 4700 Lakeview Avenue North 2/24/97 -3- OPEN FORUM There were no requests for open forum. PUBLIC HEARINGS ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE CLASSIFICATION OF CERTAIN LAND (,BROOKDALE MITSUBISHI City Manager McCauley explained that this ordinance amendment was first read on January 27, 1997, published in the official newspaper on February 5, 1997, and is offered for a second reading and public hearing. On January 13, 1997, the Council adopted Resolution No. 97 -09 which approved Planning Commission Application No. 96017, submitted by Brookdale Mitsubishi. That application was a request for rezoning and Planned Unit Development approval for the development of a Mitsubishi dealership on 7.035 acres of land located along the west side of Brooklyn Boulevard, northerly of Shingle Creek. One of the conditions of that approval required the applicant to replat the various parcels into a single parcel and that this replat be given final approval and be filed with Hennepin County prior to the issuance of building permits for the project. On January 27, 1997, the Council approved Planning Commission Application No. 97002, submitted by Brookdale Mitsubishi, requesting Preliminary Plat approval to combine the four parcels of land into a single parcel. Also at that time, the City Council considered a first reading on an ordinance amendment relating to Chapter 35 regarding the zoning classification of this land. This is a housekeeping -type ordinance amendment and would redescribe the properties created through this platting process. The applicant has not submitted the final plat for this property; therefore, the legal descriptions utilized in the zoning ordinance amendment are non - existent. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing passed unanimously. There was no public input. A motion by Councilmember Carmody and seconded by Councilmember Peppe to close the public hearing passed unanimously. A motion was made by Councilmember Carmody to continue the public hearing until the final plat is received. The motion was seconded by Councilmember Lasman and passed unanimously. 2/24/97 -4- PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NOS. 1997 -01, 02 AND 03 ORCHARD LANE WEST. STREET STORM DRAINAGE AND UTILITY IMPROVEMENTS City Engineer Scott Brink introduced Improvement Project Nos. 1997 -01, 02, and 03 in the Orchard Lane West area. The proposed improvements are generally described as follows: replacement of the existing streets with new bituminous surfacing and concrete curb and gutter, storm sewer installation, repair and replacement of existing sanitary sewer mains, replacement of all water mains, and street light replacements. Additional street lighting will also be installed at locations where allowed under the City's street lighting policy. Councilmember Hilstrom asked about the time factor in project completion as compared to the Orchard Lane East project area in 1996. Mr. Brink stated that last year's improvement project in this area was completed by the projected date. Councilmember Carmody asked about additional street lights. Mr. Brink noted the 700' minimum distance for street lights, citing the addition of five street lights in the project area. Councilmember Hilstrom asked about the street light brilliancy. Mr. Brink noted that the new lights will be a softer light but still as bright. Ms. Hilstrom also asked if the range in lighting distance would be the same; Mr. Brink responded affirmatively. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Public input was offered. Mayor Kragness read a letter from Orwall Olson, 6324 Perry Avenue North, in support of the project. Arlene Kemp, 4807 Howe Lane, requested additional lighting in the Howe Lane cul -de -sac and along the path in the Orchard Lane Park area. Mr. Brink will look into this matter. Will Rogers, 5207 65th Avenue North, expressed concern over some large evergreens in his front yard and the street easement area. Mr. Rogers also inquired about how to work out details with the project contractor to get his driveway redone at the same time as the street aprons are being done. Councilmember Carmody reminded citizens that many more details are forthcoming in project newsletters and mailings. Doug Haftings, 5201 Howe Lane, asked questions regarding the crown of the road, widening the width of the apron, the order of project work, and various assessment questions, to which Ms. Spector responded. 2/24/97 -5- Ron Lindgren, 1707 69th Avenue North, inquired why the street lights were being replaced rather than reused. Mr. McCauley responded that cost of operation was a factor, and Ms. Spector advised that the reduced costs of electricity paid back the cost of new lights over the life of the fixtures. Clarence Dhein, 6344 Quail Avenue North, inquired about parking when aprons are curing. Ms. Spector noted that no ticketing is done in street project areas due to these special circumstances. Bill Bram, 5207 Eleanor Lane, asked why he will be paying the same assessment when his sanitary sewer line is not proposed to be replaced. Mr. McCauley responded that the Council policy resulted in the same charge regardless of street width, amount of traffic, and other factors, and, while not perfect, was a reasonably fair way to treat all residences the same. Trevor Strike, 5131 Winchester Lane, asked that closed roads in the project area be better marked. Ms. Spector said that the issue of providing better signage will be addressed. Jim McCabe, 6218 Unity Avenue North, suggested that the sanitary sewer lines in his area need replacing. Ms. Spector will refer this matter to the project manager. Don Eliason, 5313 Boulder Lane, expressed concerns over storm drainage in his area. Mr. Brink will look into this matter. Ted Fritz, 4819 Howe Lane, was not in support of the proposed project. Sharon Kephart, 5130 65th Avenue North, asked about getting enough notice by the contractor to vacate a driveway or street area. Ms. Spector asked that anyone with special needs contact the Engineering Department to apprise them of the situation. Ruth Defer, 6342 Unity Avenue North, asked if replacement of the water service lines would increase water pressure in her home. Ms. Spector responded that the project may improve water pressure in the main but that internal plumbing in the home may also be an inhibiting factor. Duane Dykhuizen, 5124 Winchester Lane, inquired if there is an increase in crime during this type of project. Ms. Spector said there was no information from past projects indicating any increase in crime during construction. Jim Lange, 5213 Howe Lane, asked if the storm sewer line running through his property would be replaced; Mr. Brink said no. Mike Limberis, 6412 Perry Avenue North, asked about more street lights on Perry Avenue. Mr. Brink will look into this matter. 2/24/97 -6- Thomas Stumm, 5219 Howe Lane, asked if the City replaces dug up property stakes. Ms. Spector said they are replaced as best as possible. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. Councilmember Carmody noted the strong support for the proposed improvement project, as indicated by previous area meetings of the Orchard Lane west neighborhood. RESOLUTION NO. 97-38 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, 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. PLANNING COMMISSION APPLICATION NO 97003 SUBMITTED BY SUNLITE PROPERTIES The applicant, Sunlite Properties III, is seeking an amendment to the Planned Unit Development approval granted to this same applicant under Planning Commission Application No. 96002 on March 25, 1996. The new proposal is for a 73,903 sq. ft. office /industrial building on the 6.25 acre site located west of Parkway Circle, north of the Hilton Hotel. The previously approved Planned Unit Development for this same applicant was for a 69,778 sq. ft. office /industrial building on this same site in March, 1996. Prior to that, the City Council had granted site and building plan approval to General Litho Services, Inc., for an 80,000 sq. ft. office /industrial building in March, 1995. The current application is a new, but very similar, plan for the development of this property. The plan, in addition to providing for a somewhat larger facility, would shift the building easterly approximately 25 feet and would provide access and parking around the entire building. The other significant alteration would be along the south side of the building where loading docks would be provided for each of the tenant spaces rather than the centralized loading spaces comprehended under the 1996 approval. This matter was considered by the Planning Commission at its February 12, 1997, meeting and was recommended for approval with several conditions. 2/24/97 -7- Councilmember Hilstrom inquired if tax increment was being used in the project. Mr. McCauley responded by saying yes, with pay -as- you -go soils correction. However, the developer will repay the cost of soil corrections through taxes on this property. The property, through tax increment, will have a net cost to the developer competitive with land without soil problems. The only tax increment use is to correct the soils so that the property can be developed. Councilmember Carmody asked if the watershed problem had been resolved; Mr. McCauley said yes. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97003 submitted by Sunlite Properties subject to the conditions as 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. ' Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A 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 insure the completion of site improvements. I 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5. The building 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements, and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and 2/24/97 -8- inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The following additional financial guarantees will be deposited with the City Engineer by the applicant: A. A $2,500 cash surety as required by the Wetland Conservation Act. B. A $5,000 cash surety to insure completion of required wetland monitoring. 13. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County. 14. The 20 parking stalls indicated on the north side shall be dedicated as off -site accessory parking for the sole use of the adjoining property to the north. Said declaration shall be filed with the title to the properties prior to the issuance of permits. 15. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 16. An ordinance amendment vacating a portion of the drainage and utility easement on this property affected by the proposed building expansion shall be accomplished prior to the issuance of building permits for this project. The motion was seconded by Councilmember Lasman and passed unanimously. AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS IN TRACT A REGISTERED LAND SURYLEY NUMBER 1572 (SUNLITE PROPERTIES) This property is located along Parkway Circle in the commercial/industrial area bounded by Shingle Creek Parkway, Freeway Boulevard, and Shingle Creek. As part of the site plan for Sunlite Properties, it will be necessary to vacate two existing drainage and utility easements and to establish new easements to accommodate the site plan as well as requirements of the City and Shingle Creek Watershed Commission. A motion was made by Councilmember Carmody to approve the first reading of this ordinance and set March 24, 1997, for the public hearing and second reading. The motion was seconded by Councilmember Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS 2/24/97 -9- HERITAGE CENTER OPEN HOUSE City Manager McCauley explained the concept of holding a community open house at the Heritage Center on Sunday, June 22, 1997. The Heritage Center staff, the Brooklyn Historical Society, and the Earle Brown Days Committee are in support of this community open house to showcase the facility and its potential for many different types of uses. In conjunction with this open house, non - profit, community -based, non - political organizations would be asked to join in showcasing both the facility and the community. This opportunity would allow community residents the opportunity to tour and explore the facility in an atmosphere that would also include social and entertainment value for them. Councilmember Peppe inquired about the possible ways for promoting the Heritage Center. Mr. McCauley said that anyone considering retreats, conferences, banquets, meetings, etc., for their group or activity would have the opportunity to go through the facility. Publication would be done in newsletters and other sources. Mayor Kragness noted that the public should take advantage of this excellent opportunity to see such a fine facility. Councilmember Hilstrom stated that the City should reimburse the Heritage Center for staff time and other costs involved to remain consistent with the current policy. Mr. McCauley remarked that staff time would be minimal, only for some setup and cleanup. Costs could be split, perhaps. He further stated that any advertising for the open house would result in increased business opportunities for the Heritage Center. Coun cilmembers Peppe and Carmody expressed agreement in the idea of splitting the costs with the Heritage Center. Mr. McCauley suggested the Council authorize the tracking of marginal costs in order to split the costs of the open house between the City's general fund budget and the Heritage Center's budget. Councilmember Lasman asked if the marketing of this open house could "piggyback" the advertising announcements done by the Earle Brown Days Committee. Mr. McCauley said yes; the Committee was willing to cooperate. A motion was made by Councilmember Carmody to proceed with the idea of holding an open house at the Heritage Center on Sunday, June 22, 1997. The motion was seconded by Councilmember Lasman and passed unanimously. DISCUSSION OF PAWN SHOPS City Manager McCauley responded to several inquiries regarding zoning issues and pawn shops from the last Council meeting. He suggested that the Planning Commission might look at pursuing various options, such as establishing greater distance limitations between pawn shops 2/24/97 -10- and certain types of uses, and possible separation requirements between pawn shops. Also, the zoning issue of limiting the distance of pawn shops from residential areas could be addressed by the Planning Commission. A motion was made by Councilmember Hilstrom to bring this matter to the Planning Commission for their recommendation. The motion was seconded by Councilmember Peppe and passed unanimously. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY. 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 US 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, and was tabled from the February 10, 1997, Council meeting. However, since the City and NSP have not agreed to all issues in this franchise agreement, Mr. McCauley asked that this matter be tabled again. A motion was made by Councilmember Carmody to table this item until a future Council meeting. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE CITY AND SPRINT SPECTRUM FOR THE SITING OF PERSONAL WIRELESS COMMUNICATIONS FACILITIES AT WATER TOWER NO. 1 City Manager McCauley explained that a few months ago the Council approved a policy and a model lease relating to the potential lease of space on water towers for use by personal wireless communications facilities. This was in response to the growing number of players in the PCS (personal communications systems) area of cellular and digital communications. Staff had reached an agreement with SBA, Inc., which is acting as an agent for Sprint Spectrum, a digital PCS provider, for the lease of space on Water Tower No. I (France and 69th Avenues) and space on that parcel of land for the siting of its associated electronic equipment. This would represent the first such lease of City facilities for this purpose. The lease is based upon the model lease, with a few changes negotiated between SBA and the City Attorney and staff. The change was to provide one additional five -year renewal to a potential of a 20 -year lease and an increase in the base rent from $12,000 a year to $14,500 a year. The proposed lease adequately provides for the protection of the water tower and its 2/24/97 -11- operation, and does not, for those areas where the City has authority to regulate, result in a health or safety risk to the community. The FCC has regulatory authority over areas such as interference with other communications, concerns over possible health risk associated with the technology, and many areas related to operations. The lease agreement covers the areas of primary concerns: lease payment, aesthetics, protection of the structure and operations, maintenance, safety and liability, and termination. City Attorney LeFevere stated that several minor modifications which would not alter the essential terms of the lease agreement may be necessary but would be approved by the City Manager and City Attorney. RESOLUTION NO. 97-39 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE CITY AND SPRINT SPECTRUM FOR THE SITING OF PERSONAL WIRELESS COMMUNICATIONS FACILITIES AT WATER TOWER NO. 1 The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. Mayor Kragness requested a brief recess at 8:58 p.m. The Council meeting reconvened at 9:07 p.m. REQUEST FOR PRO -RATA REFUND OF LIQUOR LICENSE City Manager McCauley explained a request from the operator of the Rookies Bar for a pro -rata refund of his liquor license fee. The criteria established in the City Ordinance does not include termination of the lease by the lessor. Among the reasons for granting a pro -rata refund would include the death or disability of the license holder or physical destruction of the premises. City Attorney LeFevere indicated that it might be possible to consider additional reasons to allow for a pro -rata refund where the person has gone out of business. Councilmember Carmody asked if the Council would be considering these type of requests for pro -rata refunds on a case -by -case basis. Mr. McCauley responded that there may be a way to craft some language to deal with all such requests. He also said that a refund policy for liquor licences could be established similarly to that for refunds of building permits. Mr. McCauley detailed several reasons for and against changing the policy. Councilmember Hilstrom suggested that the City stay consistent with other communities in 2/24/97 -12- similar circumstances. Councilmember Peppe stated that no reimbursement should be granted in this case and no changes should be made to present liquor license policy. Mayor Kragness stated that the $11,000 liquor license fee paid, in this case, was too excessive for only two months of doing business. There will no longer be police expense associated with this property for this license. Councilmember Lasman asked how often these requests are received; Mr. McCauley said seldom. Ms. Lasman agreed with Councilmember Hilstrom that the City should look at how other communities handle these atypical situations. Councilmember Peppe again stated that the liquor license policy should be left the way it is. Councilmember Carmody said that this was a small business owner and had been paying taxes. A motion was made by Councilmember Carmody directing staff to explore what options the City has to refund in this case. The motion was seconded by Councilmember Lasman and passed on a vote of Councilmembers Carmody, Hilstrom, Lasman and Mayor Kragness voting aye; Councilmember Peppe voted nay. RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES IMPROVEMENT PROJECT NO 1995-03, SHINGLE CREEK REGIONAL POND PROJECT. PHASE 1 City Manager McCauley explained that the consulting firm of SEH, Inc., had completed a feasibility report and Environmental Impact Worksheet in 1996 to provide groundwork for the construction of the Shingle Creek Regional Pond. The proposed pond construction project has been discussed and contemplated by both the Cities of Minneapolis and Brooklyn Center for some time. Construction of this project merits considerable value, need, and advantages for both cities. Due to the large costs of the project, and the limited amount of funding available, the project was essentially stalled in 1996. However, it is feasible and recommended that portions of the project be completed in a progressive or phased manner as funding becomes available. In addition to the regional pond to be constructed in Minneapolis, the project would also include the routing (piping) of storm water from the Brookdale Mall property to the existing ponds within Centerbrook Golf Course. The feasibility report completed by SEH also included proposed design revisions and upgrades to these existing ponds to provide primary treatment to the storm water runoff from Brookdale and the surrounding commercial and residential areas. Runoff would then be directed from Centerbrook ponds to the regional pond in Minneapolis for further treatment prior to discharging into Shingle Creek. 2/24/97 -13- Because completion of the `Brooklyn Center" portion of the project could be time consuming due to the need to secure permits and install the crossing of T.H. 100, and potential "fast tracking" of a project at Brookdale on short notice, it seems appropriate that the City begin preparations for completing this phase of the project. Because SEH has completed all previous drainage and feasibility studies, preliminary design work, and environmental assessments, it is appropriate that SEH be further retained to provide design services to complete this portion of the project, named as "Phase 1." It is anticipated that construction could begin as soon as fall of 1997. Councilmember Hilstrom asked about ongoing discussions with Brookdale. Mr. McCauley stated that plan drawings for redevelopment of Brookdale may be available in March. Ms. Hilstrom asked if the golf course would experience flooding. Mr. McCauley said this shouldn't be a problem. Ms. Hilstrom asked that the City put this matter off until agreement has been reached with the City of Minneapolis and with Brookdale. Councilmember Hilstrom asked if there would be time to implement Phase 1 after the City knows Brookdale's plan. Mayor Kragness stated it seemed all parties were waiting for any other party to take the first step at this point. She said the City has to do this ponding project and should go ahead. Councilmember Hilstrom asked what commitment Minneapolis has made to this project. Ms. Spector stated Minneapolis has started some street reconstruction in anticipation of this project. The Mayor of Minneapolis is on record as saying this ponding project is a high priority. Councilmembers Peppe and Lasman stated this project should not stop now and the City needs to support Brookdale and any redevelopment. Councilmember Hilstrom stated she was committed to Brookdale and wanted to move forward but a financial commitment by the City at this point was premature. RESOLUTION NO. 97-40 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES, IMPROVEMENT PROJECT NO. 1995 -03, SHINGLE CREEK REGIONAL POND PROJECT, PHASE 1 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed on a vote of Councilmembers Carmody, Lasman, Peppe, and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. 2/24/97 -14- HERITAGE FESTIVAL DISCUSSION Duane Ostlund, President of Marquette Bank Brookdale and volunteer Chairperson of Heritage Festival, requested $500 from the City of Brooklyn Center for financial support of Heritage Festival. After some discussion, Council consensus was that this "last- minute" request may merit consideration but that the Council believed it was in an awkward position since there was no information presented in order to help the Council make a decision. They also did not want to set a precedent for other groups to flood the Council with requests. Mavor Kragness suggested using funds from undesignated civic money already in the budget. She believed Council support of the Heritage Festival was important. A motion was made by Councilmember Carmody to table this matter to the next Council meeting. The motion was seconded by Councilmember Peppe and passed on a vote of Councilmembers Carmody, Hilstrom, and Peppe voting aye; Councilmember Lasman and Mayor Kragness voted nay. RESOLUTION AMENDING THE 1996 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR V ARIOL'S OPER ATING FUNDS City Manager McCauley explained that adjustments were necessary so that no department exceeds its appropriation in the 1996 General Fund Budget. Councilmember Hilstrom did not disagree with these adjustments but wanted to go on record regarding the Charter Commission being over its budget $500 for legal costs in 1996. Ms. Hilstrom wanted the Charter Commission to present any request in the future for over- budget expenditures to the Council for approval. Councilmember Carmody expressed agreement with this idea. Mayor Kragness stated she had been a part of the Charter Commission in the ast, and the Commission didn't always use the allotted $1,500 budget each year but wasn't given "credit" for amounts not used. RESOLUTION NO 97 -41 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1996 GENERAL. FUND BUDGET TO NCREASE APPROPRIATIONS FOR VARIOUS OPERATING FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 2/24/97 -15_ RESOLUTION CREATING A POLICE DRUG FORFEITURE FUND. TRANSFERRING MONEYS FROM THE GENERAL FUND AND AUTHORIZING THE APPROPRIATION IN 1997 0-F AMOUNTS TS UNSPENT IN 1996 Councilmember Peppe requested clarification on this issue. City Manager McCauley explained this is a cleaner treatment of monies collected in one year for drug forfeiture and not spent until the next year. Councilmember Hilstrom left the Council table at 10:04 p.m. RESOLUTION NO. 97 -42 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION CREATING A POLICE DRUG FORFEITURE FUND, TRANSFERRING MONEYS FROM THE GENERAL FUND, AND AUTHORIZING THE APPROPRIATION IN 1997 OF AMOUNTS UNSPENT IN 1996 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously; Councilmember Hilstrom was absent. ADJOURNMENT A motion by Councilmember Carmody and seconded by.Councilmember Peppe to adjourn the meeting at 10:06 p.m. passed unanimously; Councilmember Hilstrom was absent. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 2/24/97 -16-