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HomeMy WebLinkAbout1997 06-09 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 JUNE 9, 1997 CITY HALL The Brooklyn Center City Council members met at 5:30 p.m. in Constitution Hall with the Chamber of Commerce Board of Directors for a dinner meeting preceding the Council meeting. Chamber President Janis Blumentals suggested a beautification project of Brooklyn Boulevard by volunteers /organizations. 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, Assistant City Manager Jane Chambers, Public Services Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Ron Batty, and Council Secretary LeAnn Larson. COUNCIL REPORTS Councilmember Carmody reminded citizens about the odd -even watering ban. Councilmember Lasman enjoyed a recent boat tour of the Mississippi River sponsored by the National River and Recreation Area which included a presentation concerning partnerships working together to maximize resources with regard to the Mississippi River. PRESENTATION A legislative update was presented by Speaker Phil. Carruthers, Senator Linda Scheid, and Representative Lyndon Carlson. Of note was the passage of the Brookdale water ponding bill. Mayor Kragness expressed appreciation for legislators and their efforts on the ponding bill. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve 6/9/97 -1- 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 April 23, 1997 -- Special Work Session; April 28, 1997 -- Regular Session; and May 12, 1997 -- Regular Session as printed passed unanimously. RESOLUTION NO. 97-97 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, CONTRACT 1997 -F, FRANCE AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97 -98 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION STAKING AND INSPECTION SERVICES, IMPROVEMENT PROJECT NOS. 1997 -04, 05, & 06, CONTRACT 1997 -F, FRANCE AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-99 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1997 -G, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6/9/97 -2- RESOLUTION NO. 97-100 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Amusement Devices- Operator Beacon Bowl 6525 West River Road Amusement Devices - Vendor D.V.M., Inc., dba Dahlco 296 North Pascal, St. Paul Garbage and Refuse Collection Vehicles A W Disposal PO Box 115, Norwood Browning Ferris Industries 8661 Rendova Street NE, Circle Pines Darling & Company PO Box 12785, New Brighton The Mengelkoch Company 199 NE 14th Street, New Brighton Waste Management - Blaine 10050 Naples Street NE, Blaine Mechanical Systems Minnegasco 700 Linden Avenue West, Minneapolis Quality Air, Inc. 10830 Magnolia Street NW, Coon Rapids Sharp Heating & Air Conditioning 4854 Central Avenue NE, Columbia Heights Rental Dwellings Initial: Payne Dimich, Jr. /Sharon Peter 6900 Unity Avenue North Renewal: Todd Grabow 7202 Girard Avenue North Sign Hanger Crosstown Sign 10166 Central Avenue, Minneapolis 6/9/97 -3- OPEN FORUM Robert McGowan, 6407 Marlin Drive, noted several improvements necessary in Marlin Park. PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING TELECOMMUNICATIONS TOWERS AND TELECOMMUNICATIONS FACILITIES City Manager McCauley stated that this ordinance amendment was first read on May 12, 1997, published in the official newspaper, and is offered for a second reading and public hearing. The proposed ordinance defines telecommunications towers and telecommunications facilities and regulates the placement, construction, and modification of such towers and facilities in order to protect the health, safety, and welfare of the public, yet not interfere with the development of competitive wireless telecommunications within the city. The ordinance would allow telecommunications towers to be located in C -lA, C -2, I -1, and I -2 zoning districts as permitted uses. The ordinance encourages the shared use of such towers and support structures and allows telecommunications facilities to be attached to an antenna support structure which is at least 75 feet tall regardless of the zoning district in which such antenna support structure is located. The proposed ordinance also establishes a provision requiring the removal of a telecommunications tower or telecommunications facility which has not been used as such for one year. A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. ORDINANCE NO. 97 -07 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING TELECOMMUNICATIONS TOWERS AND TELECOMMUNICATIONS FACILITIES The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. 6/9/97 -4- I I y AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY ORDINANCES RELATING TO THE COLLECTION OF WATER AND SEWER CHARGES City Manager McCauley stated that this ordinance amendment was first read on May 12, 1997, published in the official newspaper, and is offered for a second reading and public hearing. The ordinance amendment would allow the facilitation of collecting delinquent utility accounts by relying upon special assessments to property taxes as the primary means of collecting delinquent accounts. A policy has been prepared for carrying out this procedure. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 97 -08 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY ORDINANCES RELATING TO THE COLLECTION OF WATER AND SEWER CHARGES The motion for the foregoing ordinance was duly seconded by member Hilstrom 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 stated that this ordinance was first read on May 12, 1997, published in the official newspaper, and is offered for a second reading and public hearing. This ordinance renews NSP's franchise to operate an electric distribution system and transmission lines in Brooklyn Center. This franchise was last reviewed and renewed 20 years ago. 6/9/97 -5- y A motion by Councilmember Carmody and seconded by Councilmember Lasman to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Peppe to close the public hearing. passed unanimously. ORDINANCE NO. 97 -09 Member Lasman introduced the following ordinance and moved its adoption: 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 The motion for the foregoing ordinance was duly seconded by member Carmody and passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 97006 SUBMITTED BY SPIRITUAL LIFE CHURCH Planning and Zoning Specialist Ron Warren explained that this request was for site and building plan approval to construct a 900 -seat church on the vacant 4.4 acre parcel of land located at the southwest quadrant of Shingle Creek Parkway and Xerxes Avenue North. The Planning Commission recommended approval of this application at its May 29, 1997, meeting. Pastor Judy Fornara spoke on behalf of Spiritual Life Church. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97006 submitted by Spiritual Life Church, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 6/9/97 -6- Y 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 roof -top 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 signage 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 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. 11. All work performed and materials used for construction of utilities, driveways, and parking areas shall conform to the City of Brooklyn Center's current standard specifications and details. 12. The grading plan shall be modified prior to the issuance of building permits to indicate the berming area used to screen the parking lot from the townhomes on the opposite side of Freeway Boulevard on the west side of the site property. 13. The Certification of Exemption to the Wetland Conservation Act recommended in the applicant's wetland report, prepared by McCombs Frank Roos Associates, Inc., is subject to the approval of the Shingle Creek Watershed Management Commission and shall be issued prior to the issuance of building permits for this project. 14. Ponding areas shall be protected by appropriate easements as approved by the City Engineer. 6/9/97 -7- The motion was seconded b Councilmember Lasman and passed . unanimous) Y p Y COUNCIL CONSIDERATION ITEMS PROCLAMATION DECLARING AUGUST 17 1997 TO BE HONOR - OUR - POLICE SUNDAY Mayor Kragness noted the efforts of men and women who serve in Law Enforcement in our local communities. Woodcrest Baptist Church has expressed a desire to offer spiritual support and to honor the outstanding performance of all local Law Enforcement personnel throughout the north metro area by honoring them on Blue and White Sunday, August 17, 1997. A motion was made by Councilmember Carmody to declare August 17, 1997, to be Honor- Our- Police Sunday. The motion was seconded by Councilmember Hilstrom and passed unanimously. SET DATES FOR CITY COUNCIL WORK SESSIONS A motion was made by Councilmember Carmody to set Monday, June 16, 1997, 4:30 p.m. as a work session to meet with Commissioner Opat; and June 25, 1997, 7 p.m., as a general work session. The motion was seconded by Councilmember Hilstrom and passed unanimously. MOBILE COMPUTING DEVICE (MCD) - STATE OF MINNESOTA CONNECTION UPDATE City Manager McCauley introduced Dave Schroeder and Patty Hartwig of the Police Department who gave a demonstration on the MCD system. Mike Garris, LOGIS Director, responded to several Council concerns and questions relating to the status of the project. LOGIS will expend its own funds for the programming needed due to the changes in standards for interface at the Bureau of Criminal Apprehension. Early September was LOGIS' target for completion. There will be no additional cost to the City. REPORT ON REHABILITATION LOAN PROGRAM: CDBG City Manager McCauley asked that this item be reported at a future Council meeting due to staff needing additional time to prepare a report. MAYORAL APPOINTMENTS Mayor Kragness requested the following appointments to two commissions: Housing Commission -- Donald Arm, 2340 Brookview Drive Planning Commission-- Stephen Erdmann, 4919 61 st Avenue North 6/9/97 -8- b A motion was made by Councilmember Carmody to ratify the nomination of Donald Arm to the Housing Commission. The motion was seconded by Councilmember Lasman and passed unanimously. A motion was made by Councilmember Lasman to ratify the nomination of Stephen Erdmann to the Planning Commission. The motion was seconded by Councilmember Carmody and passed unanimously. DISCUSSION OF BUILDING OPTIONS City Manager McCauley gave an overview of the process used in reviewing space needs and the development of concepts. There have been two City newsletter articles and four open houses and a town meeting on May 28, 1997, regarding the space need deficiencies. City Manager McCauley explained that a plan/concept for dealing with fire department needs has been fairly well identified. The City Council wanted to have an understanding of the issues and possible solutions for the police department space needs prior to going out for a bond referendum. A process was established to review space needs for the civic center complex that involved a review of needs, resources, and an opportunity for public input. The goal of this process has been to try to solve the space needs problem in the police department within the context of the needs for overall City operations. Mr. McCauley explained several concepts have been presented for consideration and public comment. These concepts have explored three different approaches: Option A - a police station at a location away from the current complex; Option B - remodeling all of the current police /city hall into police space, with an office connector between the existing building and the community center; and Option C - building a new police /city hall building in front of the civic center. Mr. McCauley outlined the advantages and disadvantages of each of the three options and reviewed the rough estimated costs. He also estimated the impact on the property taxes on a $75,000 home would increase approximately $4.88 per month or $58.50 per year if the City issued $7 million in bonds. The Council took a break at 8:55 p.m. The Council table reconvened at 9:03 p.m. There was a lengthy discussion among Councilmembers regarding the three options. Council consensus was that Option B, remodeling all of the current police /city hall into police space, with an office connector between the existing building and the community center, be dropped from consideration. Councilmembers suggested off -site location options, which included northern portion of Northbrook Mall, Humboldt Avenue (Humboldt Liquor area), Brooklyn Boulevard and 63rd Avenue, Firehouse Park, Freeway Boulevard at Xerxes Avenue. Councilmember Carmody expressed concern with the high operating costs estimated with Option A, a freestanding police station. 6/9/97 -9- ti Councilmember Peppe expressed his desire that the City acquire land to have both the city hall and police station together in the future. Councilmember Hilstrom believed it is critical to have both the fire station question and police station question on one ballot this fall. A motion was made by Councilmember Hilstrom to direct staff to pursue Option A - building a new police department at a new location. The motion was seconded by Councilmember Peppe and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn the meeting at 9:21 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson I 6/9/97 -10- r