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Home My WebLink About1997 07-14 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 JULY 14, 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 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers 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 Charlie LeFevere, and Council Secretary LeAnn Larson. Councilmember Kathleen Carmody was absent and excused. INVOCATION Invocation was given by Pastor McKinley Moore, Jehovah Jireh Church. COUNCIL REPORTS Mayor Kragness thanked City staff and others for working so diligently on cleanup efforts after recent storm damage in Brooklyn Center. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Hilstrom requested that items 5.b. and 5.c. be removed from the consent agenda for discussion. Councilmember Peppe requested that item 5.d. be removed from the consent agenda for discussion. Mayor Kragness requested that item 5.e. be removed from the consent agenda for discussion. A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve the 7/14/97 -1- revised agenda and consent agenda passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve minutes of the May 22, 1997- -Joint Session with Financial Commission, and June 16, 1997- - Work Session as printed passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97-110 Member Peppe 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. SITE PERFORMANCE GUARANTEE RELEASE - MOORWOOD TOWNHOMES (5825 27.29.31.33. AND 35 LAKE CURVE LANE A motion was made by Councilmember Peppe to approve the site performance guarantee release for Moorwood Townhomes (5825, 27, 29, 31, 33, and 35 Lake Curve Lane). The motion was seconded by Councilmember Lasman and passed unanimously. LICENSES Amusement Devices - Operator Chuckwagon Grill 1928 57th Avenue North Davanni's 5937 Summit Drive Hilton Minneapolis North 2200 Freeway Boulevard K -Mart 5930 John Martin Drive MCTO 6845 Shingle Creek Parkway Nickels and Dimes, Inc. D.B.A. Tilt #243 1328 Brookdale Center Scoreboard Pizza 6816 Humboldt Avenue North Amusement Devices - Vendor CDL 12322 Business Park Boulevard North, Champlin Theisen Vending Company 3800 Nicollet Avenue South, Minneapolis 7/14/97 -2- Garbage and Refuse Collection Aspen Waste Systems, Inc. 2523 Wabash Avenue, St. Paul Environmental Refuse 4123 Russell Avenue North, Minneapolis Hilger Transfer, Inc. 8550 Zachary Lane, Maple Grove Midwest Grease Buyers, Inc. PO Box 26, Redwood Falls T & L Sanitation Service, Inc. PO Box 34695, Blaine Mechanical Systems Energy Solutions International, Inc. 1385 Mendota Heights Road, Mendota Heights Paul Falz Company, Inc. 359 Atwater Street, St. Paul Marsh Heating and Air 6248 Lakeland Avenue North, Brooklyn Park Osseo Stove and Feed 115 Central Avenue, Osseo Rickert Heating and Air 10355 Quaker Lane North, Maple Grove River Cities Mechanical, Inc. 14960 Afton Boulevard, Afton Rental Dwellings Initial: Francis and Lorri Kaas 5448 Humboldt Avenue North Randolph and Cynthia Stahl 6224 Noble Avenue North Michael Cederbera 7230 West River Road Renewal: Michael and Jane Danielson 4216 Lakebreeze Avenue North Heinz Pollinger 4207 Lakeside Avenue North, 9320 Lewis and Vivian Hedlund 5316 Russell Avenue North Fred and Judie Swenson 5340 -44 Russell Avenue North Douglas Finch 6637 Xerxes Place North Tobacco Related Products Walgreen Company D.B.A. Walgreens 404320 6390 Brooklyn Boulevard OPEN FORUM There were no requests for open forum. PLA_titi`NG COMMISSION ITEM PLai i : G COQ i SSION APPLICATION NO 97008 SUBMITTED BY ROBERT ELLEDGE FOR A SPECIAL, USE PER UT TO CONDUCT TRUCK RENTAL BUSNESS FROMN EXIST�'G SERVICE ST=ATION LOCATED AT 6840 HU AVE"N"UE NORTH 7/14/97 _;_ Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 97008 submitted by Robert Elledge requesting a special use permit to conduct a truck rental business from an existing service station. The applicant is seeking a special use permit to rent up to four trucks at the Humboldt Unocal, 6840 Humboldt Avenue North. The property is zoned C -2, and truck rental and leasing is listed as a special use in the C -2 zoning district. Parked trucks on the lot should have no effect on any neighboring business. Mr. Tony Ouellette, owner of Humboldt Square shopping center, expressed concern that storage of rental vehicles in the southeast corner of the service station property would obscure some shopping center signage and create a snow removal hindrance. Mr. Robert Elledge was present to respond to Mr. Ouellette and several Council questions. Councilmember Hilstrom suggested that staff assist Mr. Elledge and Mr. Ouellette with a workable resolution to any difficulties. A motion was made by Councilmember Hilstrom to approve Planning Commission Application No. 97008 subject to the following conditions: 1) The special use permit is granted for a truck rental operation involving no more than four trucks in conjunction with the automobile service station use at 6840 Humboldt Avenue North. No other uses, other than those approve in conjunction with this and the previous special use permit, are comprehended by this approval. 2) The special use permit is subject to all application codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3) No banners, pennants, streamers, balloons, or other attention attracting devices may be used in conjunction with the storage and display of these vehicles on the site other than that which is authorized under administrative permits comprehended under the City's zoning ordinance. 4) This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. 5) The parking of rental trucks shall be consistent with City regulations with the exact placement to be determined by the owner in consultation with neighboring property owners. The motion was seconded by Councilmember Lasman and passed unanimously. 7/14/97 -4- COUNCIL CONSIDERATION ITEMS RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5501 BROOKLYN BOULEVARD. LEGALLY DESCRIBED AS TRACT E. REGISTERED LAND SURVEY NO. 40, IN THE CITY OR BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA City Manager McCauley explained that this address has been the source of neighborhood complaints due to trash and its deteriorated condition. Compliance orders were issued and the trash from the yard was removed, but the structure itself remains both an eyesore and structurally compromised. This resolution would allow the issuance of an order to raze and remove this hazardous building and thus abate a public nuisance created by its current deteriorated and unsafe condition. RESOLUTION NO. 97 -111 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5501 BROOKLYN BOULEVARD, LEGALLY DESCRIBED AS TRACT E, REGISTERED LAND SURVEY NO. 40, IN THE CITY OR BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM City Manager McCauley explained that the City has been a defendant along with MPRS (Minnesota Police Recruitment System) and 35 other Minnesota cites in two companion civil actions in Hennepin County District Court relating to recruitment and hiring of minority persons. By allowing MPRS to handle the compiling and reporting requirements for the court, the City would be able to present its information in the standardized format developed and would save staff expense necessary to develop and catalogue all of the activities, as well as prepare the ongoing reports mandated. 7/14/97 -5- RESOLUTION NO, 97 -112 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION EXPRESSING SUPPORT FOR BROOKLYN BOULEVARD IMPROVEMENTS AND RESCINDING RESOLUTION NO 96 -235 City Manager McCauley explained that on November 25, 1996, the Council adopted Resolution No. 96 -235, expressing concerns because the total cost of improving Brooklyn Boulevard (CSAH 152 ) between 64th Avenue North and 71st Avenue North including right-of-way g g Y acquisition and streetscape enhancement costs was not known. At that time, the Council expressed its intent to defer the Brooklyn Boulevard streetscape enhancements and sought Hennepin County postponement of the road reconstruction project in favor of a pavement mill and overlay improvement. Pursuant to receipt of the said Resolution, Hennepin County has indicated a desire to retain all ISTEA funds previously awarded for roadway reconstruction and streetscape enhancements, while postponing said improvement until the year 2000. Hennepin County has also expressed its willingness to provide for the pavement mill and overlay of Brooklyn Boulevard between 64th Avenue North and 71st Avenue North in 1997. With the new information and assistance from Hennepin County, the City Council was supportive of continued efforts with the additional time to work with the County on the property. RESOLUTION NO. 97-113 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING SUPPORT FOR BROOKLYN BOULEVARD IMPROVEMENTS AND RESCINDING RESOLUTION NO. 96-2-35 The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. SET DATES FOR CITY COUNCIL MEETINGS A motion was made by Councilmember Hilstrom to set the following dates for City Council meetings: 7/14/97 -6- Saturday, August 23, 1997, Facilitated Council Goal Setting Session, Earle Brown Heritage Center, 9 a.m. Monday, September 8, 1997, Recognition Reception for Commissions, Conference Room B, 6:15 p.m. The motion was seconded by Councilmember Lasman and passed unanimously. UPDATE ON CODE ENFORCEMENT City Manager McCauley explained the progress in this year's Code Enforcement sweep of the City. This year's efforts address structural issues, in addition to rubbish, junk cars, etc. RESOLUTION AUTHORIZING PURCHASE OF THE PROPERTY AT 6236 BROOKLYN YN BOULEVARD City Manager McCauley explained that the owner of 6236 Brooklyn Boulevard has offered to sell this property to the City at the sum of $90,000. This property is adjacent to the current fire station and liquor store. In looking at the potential redevelopment of the site, as well as the general plan to eliminate residential uses along Brooklyn Boulevard, acquisition of this property would appear to be reasonable and timely. This would allow greater flexibility in designing a new fire station and provide the potential for additional opportunities such as retention of a liquor store operation. The monies for this acquisition would be taken from the Capital Improvement Fund. RESOLUTION NO. 97 -114 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF THE PROPERTY AT 6236 BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. REGULATION OF SECONDHAND GOODS DEALERS City Attorney Charlie LeFevere provided the Council with further information about the option available to it in the regulation of secondhand goods dealers. It appears that the regulations in other cities range from no regulation of pawn shops or secondhand goods dealers to the comprehensive regulation of both pawn shops and secondhand goods dealers similar to the ordinances of Brooklyn Center. The City Council has the options 7/14/97 -7- to eliminate all regulation, leave the regulations as they are or even impose stricter regulations, or follow some course between these alternatives. Several categories of changes which might be considered are: 1) Delete all secondhand goods dealers from the regulations unless the transaction involves a pawn. 2) Exempt secondhand goods dealers where the transaction involves a consignment sale. 3) Exempt additional businesses from the licensing provisions of the ordinance. 4) Relax the restrictions to make them less burdensome to businesses in the City. 5) Relax restrictions which apply to some businesses but not others. Mayor Kragness stated she believes that the present ordinance was keeping some businesses out of the City that should be allowed. Councilmembers Hilstrom, Lasman, and Peppe spoke in favor of keeping the strictness on items that are problematic or easily fenced. The City Attorney will discuss this issue with the police department and prepare recommendations and options for the City Council. RESOLUTION APPROVING AN AGREEMENT FOR RISK MANAGEMENT CONSULTING SERVICES City Manager McCauley explained that the City's Policy and Procedure for Proposals for Financial Professional Services has a schedule which calls for doing a request for proposal (RFP) for risk management consultant during 1997. RFPs were sent out to consultants known to have experience in municipal risk management. The recommendation was to continue to retain Berkley Risk Services, Inc., as the City's risk management consultant. Councilmember Hilstrom asked if we are locked into a contract in case the City decides there is a need to re- evaluate this area in the future; Mr. McCauley said we could do an annual review. RESOLUTION NO. 97 -115 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AGREEMENT FOR RISK MANAGEMENT CONSULTING SERVICES 7/14/97 -8- The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RRESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO 1997 -15, POOL OZONIZATION SYSTEM. APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS City Manager McCauley explained that the Capital Improvements Fund budget includes $60,000 for the addition of an ozonization system to the Community Center pool's current filtration system. An ozone filtration system for the Civic Center swimming pool would provide several cost and safety benefits. Councilmember Hilstrom questioned whether this filtration also needs to be done in the wading pool. Mr. McCauley said he would seek a clarification on this issue prior to requesting award of a contract. RESOLUTION NO. 97-116 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1997 -15, POOL OZONIZATION SYSTEM, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT #1, IMPROVEMENT PROJECT NOS 1997 -04 05 AND 06 CONTRACT 1997 -F FRANCE AVENUE 69TH AVENUE TO NORTH CITY LIMITS STREET STORM DRAINAGE AND UTILITY IMPROVEMENTS City Manager McCauley explained that the City has already awarded a contract to Thomas and Sons Construction, Inc., for street and utility improvements on France Avenue North from 69th Avenue to 73rd Avenue. These improvements also include the installation of an emergency water interconnect with the City of Brooklyn Park with the City of Brooklyn Center's Tower No. 1 and 69th Avenue trunk water main, which will provide the City with an emergency water source in the event of a power or other well shutdown at the City's well supply facilities. Because of the proximity of Minnegasco lines and subsequent need to relocate new parallel main lines, it has been proposed that the 12 -inch trunk main be upgraded to a 14 -inch diameter size to provide adequate service as both a local service line and trunk distribution link. A Supplemental Agreement has been negotiated with Thomas and Sons. 7/14/97 -9- Councilmember Hilstrom inquired if the City has the funds for the increase in the total contract amount; Mr. McCauley said yes. RESOLUTION NO. 97-117 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT #l, IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, CONTRACT 1997 -F, 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 Hilstrom and passed unanimously. RESOLUTION AMENDING THE CITY OF BROOKLYN CENTER'S SPECIAL ASSESSMENT POLICY City Manager McCauley explained that at its June 23, 1997, meeting, the City Council discussed and agreed to, 1) Eliminate the Assessment Stabilization Program, and, 2) Amend the senior deferral program to redefine "financial hardship" as being an income for the household's size which is at or below the "very low income" limit established annually by HUD. Grady Boeck, 5601 Indiana Avenue North, noted that the language of the Special Assessment Policy differs slightly from MN Statute 429. Mr. McCauley responded that the content of the statute was contained in the City's Special Assessment Policy and acknowledged that the policy might benefit from further refinement. RESOLUTION NO. 97-118 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE CITY OF BROOKLYN CENTER'S SPECIAL ASSESSMENT POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. 7/14/97 -10- ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn the meeting at 8:45 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 7/14/97 -11-