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HomeMy WebLinkAbout1997 07-28 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 JULY 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 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, 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 Kay Lasman was absent and excused. INVOCATION Invocation was given by Reverend Robert Cilke, Brookdale Christian Church. COUNCIL REPORTS There were no Council Reports. APPROVAL -OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested that item 5.h. be removed from the consent agenda for discussion. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the revised agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve minutes of the June 23, 1997 -- Regular Session as printed passed unanimously. 7/28/97 -1- RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING IMPROVEMENT PROJECT NOS 1997 -01 AND 02 CONTRACT 1997 -E ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 97-119 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1997 -01 AND 02, CONTRACT 1997 -E, ORCHARD LANE WEST STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION DECLARING COST TO BE ASSESSED. AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS 1997 -04 AND 05 CONTRACT 1997 -F FRANCE AVENUE 69TH AVENUE TO NORTH CITY LIMITS STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 97-120 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1997 -04 AND 05, CONTRACT 1997 -F, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS DELINQUENT WEED REMOVAL COSTS PUBLIC UTILITY HOOKUP CHARGES AND DELINQUENT PUBLIC _UTILITY SERVICE ACCOUNTS RESOLUTION NO. 97 -121 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, 7/28/97 _2- PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION AMENDING THE 1997 CENTRAL GARAGE BUDGET APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR ONE SIDEWALK SNOWPLOW RESOLUTION NO. 97-122 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1997 CENTRAL GARAGE BUDGET, APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR ONE SIDEWALK SNOWPLOW The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97-123 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 Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1995 -05 CONTRACT 1997 -G 69TH AVENUE SHINGLE CREEK PARKWAY TO DUPONT AVENUE LANDSCAPING RESOLUTION NO. 97 -124 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT 7/28/97 -3- PROJECT NO. 1995 -05, CONTRACT 1997 -0, 69TH AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE, LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES Amusement Devices - Operator Mendota Valley Amusement, Inc. 9177 East Courthouse Boulevard Court, Inver Grove Heights Amusement Devices - Vendor Chi -Chi's 2101 Freeway Boulevard Mechanical Systems O'Brien Mechanical Systems 144 Glenwood Avenue, Minneapolis Rental Dwellings Renewal: Helene Ebhardt 5639 Girard Avenue North Gary Nesseth 5919 Pearson Drive OPEN FORUM Mr. Walt Wenholz, 501 69th Avenue North, requested that "No Parking" signs be put up on 69th Avenue across from the apartments. Mr. David Gelvick, 210171 st Avenue North, requested an amended timetable for completion of code compliance items for his property. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 97009 SUBMITTED BY LLOYD T. PEW, H T P O INC REQUESTING A PRELIMINARY REGISTERED LAND SURVEY TO DIVIDE TRACT B. RLS 1619. LOCATED AT THE NORTHWEST CORNER OF SHINGLE CREEK PARKWAY AND FREEWAY BOULEVARD INTO TWO PARCELS City Manager McCauley introduced Planning Commission Application No. 97009, submitted by Lloyd T. Pew, H.T.P.O., Inc. This was a request for a preliminary Registered Land Survey to divide Tract B, RLS 1619, which is located at the northwest corner of Shingle Creek 7/28/97 -4- Parkway and Freeway Boulevard, into two parcels. This Application was considered by the Planning Commission at its July 17, 1997, meeting and was recommended for approval, subject to several conditions. Planning and Zoning Specialist Ron Warren answered several Council questions. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97009 for a preliminary Registered Land Survey subject to the following conditions: 1) The final plat is subject to review and approval by the City Engineer. 2) The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3) Appropriate driveway and cross access easements shall be developed and filed with the titles to the properties in question. These easements are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. The motion was seconded by Councilmember Hilstrom and passed unanimously. COUNCIL CONSIDERATION ITEMS REPORT FROM FINANCIAL COMMISSION Financial Commission Chair Donn Escher presented a report of the July 17, 1997, Financial Commissions' recommendations to the City Council on the issues of the upcoming bond election and for long range planning for the City's capital needs. The four recommendations made by the Financial Commission were: 1) That the City Council develop and prioritize a list of major capital expenditure needs and the anticipated methods of providing for their funding. 2) That the City Council develop a long -term comprehensive financial plan. 3) That the City Council consider a single question for the ballot (to address police and fire needs) with the amount of the bond issue to be between $7,500,000 to $8,500,000. 4) That the City Council consider the impact on the City's tax base as one of the site selection factors, with regard to selecting a new site for a police department building. 7/28/97 -5- Mayor Kragness thanked Mr. Escher and the Financial Commission for their hard work. RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF RICHFIELD . Mayor Kragness expressed appreciation to the City of Richfield for its assistance to Brooklyn Center in dealing with recent storm damage. The City of Richfield allowed the City of Brooklyn Center use of a boom truck and operator for two days. RESOLUTION NO. 97-125 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF RICHFIELD The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF ST. ANTHONY Mayor Kragness expressed appreciation to the City of St. Anthony for its assistance to Brooklyn Center in dealing with recent storm damage. The City of St. Anthony allowed the City of Brooklyn Center use of a limb and brush chipper for a number of days. RESOLUTION NO. 97 -126 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR ASSISTANCE PROVIDED BY THE CITY OF ST. ANTHONY The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION APPROVING SECTION 63 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - RENTAL PROPERTY IMPROVEMENTS ASSESSED VALUATION ADJUSTMENT DEFERRAL City Manager McCauley noted that Speaker Phil Carruthers has included Brooklyn Center (along with the Cities of Richfield and St. Louis Park) in recent legislation designed to encourage improvements in rental housing. If approved by the legislature, qualifying properties 7/28/97 -6- would be allowed to make improvements that would not result in an increase in assessed value for tax purposes for five years following the year of the improvements. In subsequent years, 20 percent of the value due to the improvements would be added to the assessed value until the entire value associated with the improvements was taxable ten years after the improvements were put in place. This legislation applies to apartment buildings of four or more units that are at least 30 years old at the time of improvements. Qualifying improvements must exceed $5,000 per unit, and qualifying improvements must be completed prior to January 1, 1999. RESOLUTION NO. 97-127 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SECTION 63 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - RENTAL PROPERTY IMPROVEMENTS ASSESSED VALUATION ADJUSTMENT DEFERRAL The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. REPORT ON CODE ENFORCEMENT City Manager McCauley gave an update on the Code Enforcement sweep of the City. Most of the southwest and west central portions of the City have been inspected thus far, with inspections to continue in a clockwise fashion throughout the City. Types of correction orders issued have consisted of the following: 51 % Building Maintenance and Structural Integrity Issues, 27% Rubbish Violations, 12% Vehicle Violations, 4% Yard Maintenance Violations, 3% Fence Issues, and 3% Other Issues. Mr. McCauley also noted that the City was trying to link people having specific needs addressing their code violations with resources and volunteers to assist them. SETTING OF DATE FOR FUTURE WORK SESSION A motion was made by Councilmember Hilstrom to set the date of August 7, 1997, at 7 p.m. to conduct a work session. The motion was seconded by Councilmember Carmody and passed unanimously. REPORT ON PULL -TAB ORDINANCE City Manager McCauley noted the City Attorney's letter regarding ordinance restrictions on pull -tab operations. According to City Attorney LeFevere, state law does not contain a limitation of how many charitable organizations are permitted to sell pull -tabs on the premises 7/28/97 -7- of a liquor establishment. However, Brooklyn Center City Code, Section 11- 717,3. provides that only one charitable organization is permitted to sell pull -tabs on the premises of a liquor establishment. After discussing whether one of more charitable organizations selling pull -tabs was appropriate, Council consensus was to direct Mr. LeFevere to investigate what other neighboring cities are doing and report back to the Council. INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON CERTAIN CHURCH AND SCHOOL USES IN PARTICULAR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS City Manager McCauley explained that the City Attorney has prepared a proposed Interim Ordinance that would establish a moratorium on churches and schools in the heart of the City's commercial district. This would be an area consistent with the discussions at the Comprehensive Plan Update Task Force meeting of July 21, 1997. A moratorium had been suggested to be imposed so this matter may be studied as part of the Comprehensive Plan Update, as well as the potential changes to the zoning code. Establishing a moratorium would allow a review and discussion of the suitability of this area for possible zoning code changes, without having additional uses in that area occurring prior to an evaluation of the proposal to remove churches and schools as permitted uses in this central business corridor. Planning and Zoning Specialist Ron Warren outlined this area as roughly from Brookdale north to the other side of I -94, containing the CIA, C2, I1, and PUD districts. ORDINANCE NO. 97 -10 Member Carmody introduced the following ordinance and moved its adoption: AN INTERIM EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT OF EDUCATIONAL AND RELIGIOUS USES IN CERTAIN COMMERCIAL AND INDUSTRIAL AREA OF THE CITY The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. A motion was made by Councilmember Carmody to approve first reading of an Interim Ordinance for the Purpose of Protecting the Planning Process and health, Safety, and Welfare of the Residents of the City, and Regulating and Restricting Development of Education and 7/28/97 -8- Religious Uses in Certain Commercial and Industrial Areas of the City and to set August 25, 1997, for public hearing and second reading. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT - City Manager McCauley explained that the City requires a planning assistance grant to complete a life cycle housing stud to assist in preparation of the housing element and Y g Y p p g official controls of its planning. The Metropolitan Council gives funds to local units of government to review and amend their local comprehensive plans, fiscal devices, and official controls. Councilmember Peppe asked if the City would be "stuck" with any mandates by the Metropolitan Council if we received this grant. Mr. McCauley said no. Councilmember Hilstrom asked that wording to that effect be part of the resolution. RESOLUTION NO. 97-128 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:13 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 7/28/97 -9-