HomeMy WebLinkAbout1997 04-28 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
APRIL 28, 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 7:15 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe.,
Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers,
Planning and Zoning Specialist Ron Warren, Community Development Director Brad
Hoffman, Public Services Director Diane Spector, Finance Director Charlie Hansen, City
Attorney Charlie LeFevere, and Council Secretary LeAnn Larson.
Councilmember Hilstrom was absent and excused.
INVOCATION
Invocation was given by Pastor McKinley Moore, Jehovah Jireh Church.
COUNCIL REPORTS
Mayor Kragness welcomed the new Assistant City Manager Jane Chambers.
Councilmember Peppe noted the Park and Recreation Commission's work to designate
destination parks. Also, the city -wide spring clean-up went well.
Councilmember Lasman noted the success of the recent Crime Prevention Awards Night,
honoring a number of local heros.
APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Peppe requested that item 5.f. be removed from the consent agenda for
discussion.
Councilmember Carmody requested that item 9.f. be removed from the agenda pursuant to the
staff request.
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A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve
the agenda and consent agenda as printed passed unanimously.
APPROVAL OF MINUTES
A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve
minutes of the March 18, 1997-- Council/Park & Recreation Commission; March 24, 1997- -
Regular Session; and March 31, 1997 -- Special Work Session as printed passed unanimously.
RESOLUTION NO. 97-73
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPOINTING KRISTELLE BERG AS ALTERNATE TO THE BOARD OF
DIRECTORS OF LOGIS
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
RESOLUTION NO. 97 -74
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTIONN APPOINTING JANE CHAMBERS TO THE BOARD OF DIRECTORS OF
THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
APPLICATION FOR TEMPORARY BEER LICENSE - ST. ALPHONSUS CHURCH
A motion was made by Councilmember Carmody to approve the application for temporary beer
license to St. Alphonsus Church. The motion was seconded by Councilmember Lasman and
passed unanimously.
RESOLUTION NO. 97 -75
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR
DESIGN AND CONSTRUCTION MANAGEMENT, IMPROVEMENT PROJECT NO. 1997-
14, WATER UTILITY CONSERVATION MEASURES
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The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
LICENSES
Mechanical Systems
Air Conditioning Associates, Inc. 689 Pierce Butler Route, St. Paul
Flare Heating & Air Conditioning, Inc. 9303 Plymouth Avenue North, Golden Valley
Gilbert Mechanical Contractors, Inc. 4451 West 76th Street, Minneapolis
Sabre Heating & Air Conditioning 14505 21st Avenue North, Suite 230, Plymouth
Motor Vehicle Dealership
Brookdale Dodge 6800 Brooklyn Boulevard
Iten Chevrolet Company 6701 Brooklyn Boulevard
Rental Dwellings
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Renewal:
Arlene Sutton 7106 France Avenue North
Jack & Nancy Wold 5907 -09 June Avenue North
Norbert & Dolores Volbert 4207 Lakeside Avenue North, #122
Sharon Haugen, Julie Haugen,
Dorothy Janssen 4806 Twin Lake Avenue North
Mark Johnson, Reza Vojoodi 5211 Xerxes Avenue North
Outreach Community Center 507 69th Avenue North
OPEN FORUM
Paul Williams, President of Tried & True Tools, Inc., asked the Council to consider addressing
possible ordinance modifications for Second Hand Dealers. Mr. Williams stated that his
company is looking to relocate from Fridley to Brooklyn Center but felt that current ordinances
governing Second Hand Dealers would be costly, restrictive, and cumbersome.
Councilmember Carmody asked that this item be discussed at the next Council work session.
PUBLIC HEARING
RESOLUTION APPROVING MODIFICATIONS NO 1 AND NO 2 TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.
3 AND MAKING FINDINGS WITH RESPECT THERETO
City Manager McCauley introduced Hennepin County Commissioner Mike Opat. Mr. Opat
noted Hennepin County's support for this TIF modification.
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City Manager McCauley explained that the modifications would remove six parcels from the
district. The six parcels to be removed have had significant reductions in value since the
inception of the district. These same six parcels would then be reinstated in the TIF district.
The result of the actions would be to reduce the base value of the district to reflect the current
market values of the properties in question.
At the time the district was established, a base value, or total market value of the property in
the district, was established. The base value represents one of the criteria upon which a TIF
cash flow is determined. TIF is based upon additional value above the base value. Also, at the
time the district was established, the tax rate at the time became the other criterion determining
TIF cash flow. TIF is determined by the set tax rate times the net tax capacity above the base
value. TIF does not capture increases in tax rate.
The parcels to be removed and reinstated have lost over $20 million in value since the district
was established. That means there would have to be $20 million in new value added to the
district before any TIF monies would be generated. In order to undertake redevelopment at
Brookdale or other areas of the city, TIF modifications are necessary.
The Planning Commission, at a meeting of April 17, 1997, made a motion that the
modifications to Tax Increment Financing District No. 3 conform to the general plan for
development or redevelopment of the City as a whole.
A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the
public hearing passed unanimously.
No public input was offered.
A motion by Councilmember Lasman and seconded by Councilmember Carmody to close the
public hearing passed unanimously.
Councilmember Carmody spoke in favor of this resolution as the decreased value of Brookdale
has been a drag on the City.
City Attorney LeFevere noted several clarifications for the minutes.
Councilmember Lasman made a motion to have the minutes reflect that, with respect to
paragraphs 3 and 4 of the resolution, the Council specifically reconfirms that the findings
qualifying the district apply independently to the area affected by modifications No. 1 and No.
2. The motion was seconded by Councilmember Carmody and passed unanimously.
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Councilmember Lasman made a motion to direct staff to administratively change page 5 of the
plan modification to conform to the resolution adopted by the EDA on April 28, 1997, which
modified the financing plan for Tax Increment Financing District No. 3. The motion was
seconded by Councilmember Carmody and passed unanimously.
RESOLUTION NO. 97 -76
Member Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING MODIFICATIONS NO. 1 AND NO. 2 TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.
3, AND MAKING FINDINGS WITH RESPECT THERETO
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION O.
O N 97005 SUBMITTED BY TIMOTHY
THOMPSON
Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No.
97005 submitted by Timothy Thompson. This is a request for a variance approval to allow an
addition to a detached garage at 5945 Camden Avenue North resulting in an accessory building
that exceeds both the 1,000 square foot maximum size of a single accessory building and also
the ground coverage of a principal building. The Planning Commission recommended denial
of this application at its April 17, 1997, meeting.
Timothy Thompson, homeowner at 5945 Camden Avenue North, was present to answer several
questions.
A motion was made by Councilmember Carmody to deny Planning Commission Application
No. 97005 on the grounds that it doesn't meet hardship requirements per the Zoning Ordinance.
The motion was seconded by Councilmember Peppe and passed unanimously.
Following discussion, Councilmember Peppe made a motion to direct the Planning
Commission to look at the ordinance amendment regarding businesses and sizes. The motion
was seconded by Councilmember Carmody and failed on a vote of Councilmember Peppe and
Mayor Kragness voting aye; Councilmembers Carmody and Lasman voted nay.
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PLANNING COMMISSION APPLICATION NO 97007 SUBMITTED BY POPEHN
LIMITED PARTNERSHIP (HIAWAT14A R BBER COMPANY)
Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No.
97007 submitted by Popehn Limited Partnership (Hiawatha Rubber Company). This is a
request for Site and Building Plan approval to construct a 37,440 square foot addition to the
Hiawatha Rubber Company building located at 1700 67th Avenue North. The Planning
Commission recommended approval of this application at its April 17, 1997, meeting.
A motion was made by Councilmember Lasman to approve Planning Commission Application
No. 97007 subject to the conditions recommended by the Planning Commission as follows:
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 permits.
3) 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.
4) Any outside trash disposal facilities and rooftop or on- ground mechanical equipment
shall be, appropriately screened from view.
5) 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.
6) The underground irrigation system shall be extended to all new landscape 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 the expanded parking and driving areas.
9) The applicant shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
10) The applicant shall provide appropriate erosion and sediment control devices on the site
during construction as approved by the City Engineering department.
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11) All work performed and materials used for construction of utilities shall conform to the
City of Brooklyn Center's current Standard Specifications and Details.
12) Additional lighting proposed for this site shall be provided in conformance with Section
35 -712 of the Zoning Ordinance.
13) A Proof of Parking Agreement acknowledging the need to install up to 36 parking
spaces on the site upon a determination of the City shall be executed and filed with the
P P tY
title to the property prior to the issuance of building permits for this project.
The motion was seconded by Councilmember Carmody and passed unanimously.
COUNCIL CONSIDERATION ITEMS
RESOLUTION ACKNOWLEDGING DONATION FROM THE BROOKLYN CENTER
LIONS CLUB FOR ARBOR DAY PROGRAM
Mayor Kragness thanked the Brooklyn Center Lions Club for their generous donation of $250
designated for the May 14 Arbor Day activities at Northport School.
RESOLUTION NO. 97 -77
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION ACKNOWLEDGING DONATION FROM THE BROOKLYN CENTER
LIONS CLUB FOR ARBOR DAY PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe
and passed unanimously.
DISCUSSION OF UTILITY BILLING COLLECTION PROCEDURES
City Manager McCauley explained that staff has surveyed other cities regarding their utility
billing collection practices and developed a comparison of costs of certification by special
assessment to the property taxes process versus the water shut -off process.
Finance Director Charlie Hansen noted the summary of those studies and supporting detail. He
further stated that the City could save substantial time by both the Finance staff and the Public
Utilities staff by switching to the certification process. Time saved by the Public Utilities staff
could be used to meet the increased maintenance needs of our system as it ages. Time saved
by the Finance staff could be used to compensate for the reduction of one full -time position
which was removed from the department last summer.
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Mr. Hansen stated the change would provide better service to customers and avoids
confrontational and potentially dangerous encounters between staff and citizens. It was Council
consensus to direct staff to prepare a proposed policy and resolution relating to use of special
assessments for Council discussion.
RESOLUTION APPROVING THE LOCAL STORM WATER MANAGEMENT PLAN
City Manager McCauley explained that this is a housekeeping measure whereby the Council
provides final approval of the City's Local Storm Water Management Plan. The Council
provided preliminary approval in June 1994. The Plan was then submitted to the Shingle Creek
and West Mississippi Watershed Management Commissions for comment and revisions. The
Plan was then resubmitted to the two commissions and Metropolitan Council for comment,
final revisions were made, and the Plan was approved by the two commissions in March 1997.
RESOLUTION NO. 97 -78
Member Peppe introduced the following resolution and moved its adoption:
RESOLUTION APPROVING THE LOCAL STORM WATER MANAGEMENT PLAN
The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously.
RESOLUTION ADOPTING THE BIAS/HATE CRIME RESPONSE PLAN
City Manager McCauley stated that this Bias/Hate Crime Response Plan has been proposed by
the Human Rights and Resources Commission and takes a proactive approach to making and
keeping the City a positive place to live, work, and visit for all persons.
RESOLUTION NO. 97 -79
Member Peppe introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING THE BIAS/HATE CRIME RESPONSE PLAN
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
RESOLUTION AUTHORIZING CONTRACT AND POLICY AMENDMENTS
REGARDING LIFE INSURANCE
City Manager McCauley recommended that the Council authorize an addendum to the
contractual language to provide that the City will provide $10,000 of life insurance coverage
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for each full -time employee in the various bargaining units and the unrepresented employees.
RESOLUTION NO. 97-80
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING CONTRACT AND POLICY AMENDMENTS
REGARDING LIFE INSURANCE
The motion for the adoption of the foregoing resolution was duly seconded by member Lasman
and passed unanimously.
REPORT ON CODE ENFORCEMENT PLAN FOR 1997
City Manager McCauley explained that the Community Development and Police departments
would once again be working together to identify and inform owners whose properties need to
be cleaned up because they are not in compliance with City ordinances. Mr. McCauley
outlined the ordinance provisions relating to vehicles, trucks, and boats in driveways without
current license tabs, inoperable, or with missing parts or in disrepair; appliances; construction
debris; trash and garbage; dog feces; etc.
RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR
DESIGN AND CONSTRUCTION MANAGEMENT IMPROVEMENT PROJECT NO 1997 -
10 REPLACEMENT OF SCADA AND INTRAC SYSTEMS
Councilmember Peppe asked why the low bidder would not be awarded the contract in this
case.
Public Services Director Diane Spector explained that TKDA staff appeared to have the clearest
understanding of the City's system and needs. Also, TKDA's proposal more specifically
addressed detailed solutions to the City's specific needs. And, TKDA has previously been
retained to provide plans for mechanical and energy management retro -fits to existing well
pumps, thus avoiding duplication of services and potential discrepancies.
RESOLUTION NO. 97 -81
Member Peppe introduced the following resolution and moved its adoption:
RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES FOR
DESIGN AND CONSTRUCTION MANAGEMENT, IMPROVEMENT PROJECT NO. 1997-
10, REPLACEMENT OF SCADA AND INTRAC SYSTEMS
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The motion for the adoption of the foregoing resolution was duly seconded by member
Carmody and passed unanimously.
ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Peppe to adjourn the
meeting at 9:07 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
LeAnn Larson
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