The URL can be used to link to this page

Home My WebLink About1997 08-25 CCM Regular Session i 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 AUGUST 25, 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, 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. INVOCATION No invocation was offered. A moment of silence was observed. COUNCIL REPORTS Councilmember Lasman attended a recent meeting of the North Metro Mayors Association. Councilmember Peppe attended a recent meeting of the Northwest Suburbs Cable Communications Commission. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Peppe and seconded by Councilmember Carmody to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Peppe and seconded by Councilmember Carmody to approve minutes of the July 14, 1997 -- Regular Session as printed passed unanimously. 8/25/97 -1- APPROVAL OF APPLICATION FOR AUTHORIZATION TO CONDUCT EXCLUDED BINGO ON NOVEMBER 14. 1997. FROM ORCHARD LANE ELEMENTARY SCHOOL A motion was made by Councilmember Peppe to approve the application for authorization to conduct excluded bingo on November 14, 1997, from Orchard Lane Elementary School. The motion was seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 97-136 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT/RLS-- PLANNING COMMISSION APPLICATION NO. 97009 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97 -137 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1995 -G, PARK AND RIDE, POND, AND 65TH AVENUE REALIGNMENT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION NO. 97-138 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 Carmody and passed unanimously. LICENSES Mechanical Svstems Larson Mechanical 1509 Coon Rapids Boulevard, Coon Rapids 8/25/97 -2- Motor Vehicle Dealership Brookdale Metro Mitsubishi 7223 Brooklyn Boulevard Rental Dwellin Initial: Ann Jackson 1329 63rd Lane North Susan Hillsdale 5649 Fremont Avenue North D & J Properties, LLC 5843 Fremont Avenue North Karla Albrecht 7250 West River Road Renewal: Keith Nordby 5960 Brooklyn Boulevard George Shimshock 5900 Colfax Avenue North Gary Radke 5245 Drew Avenue North Leslie Reinhardt 5713 Humboldt Avenue North J. G. Strand 5329 Penn Avenue North Carin Rudolph 5318 Queen Avenue North John and Marlys Pepera 6142 Scott Avenue North Sign Hanger Signcrafters 7775 Main Street NE, Fridley OPEN FORUM Jim Madden, owner of Earle Brown Bowl, spoke on behalf of Celebrity Bowl Charities, Inc., regarding the possible sale of pull -tabs at Earle Brown Bowl. PUBLIC HEARING INTERIM 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 AREAS OF THE CITY This item was first read on July 28, 1997, published in the official newspaper, and is offered this evening for second reading and public hearing. 8/25/97 _3_ City Manager McCauley explained that City staff and the City's Comprehensive Plan Update Task Force have determined that current land use controls do not adequately address various land use concerns in certain commercial and industrial areas of the City. Among those concerns are that current controls on educational and religious uses in these areas are not adequate to: I A) Protect minors from undesirable or dangerous conditions that may exist in commercial or industrial zones including noise, dust, fumes, traffic, and inappropriate social influences; B) Preserve commercial and industrial land for uses which provide more jobs in the community; C) Preserve commercial land for uses which provide convenient services and shopping for residents; D) Preserve commercial land for uses which support other nearby commercial activities by drawing shoppers to the area for multiple -stop shopping activities; E) Provide for placement of uses involving minors in areas of the City which have adequate parks and recreational opportunities to which they have safe and reasonable access; and, F) Assure that uses in commercial zones are compatible and will not reduce property values of adjacent or nearby properties; impede orderly development or redevelopment; or cause disinvestment, decline in commercial activity, or urban decay and deterioration. Mr. McCauley noted that there is a need for further studies to be conducted so that the City may consider adoption of appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety, and welfare. This interim ordinance would protect the planning process and the health, safety, and welfare of the citizens of the City and ensure that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's. Comprehensive Plan and zoning ordinances until such studies are completed, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public hearing passed unanimously. No public input was offered. 8/25/97 -4- A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 97-11 Member Carmody introduced the following ordinance and moved its adoption: INTERIM 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 AREAS OF THE CITY The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 97013 SUBMITTED BY TWIN LAKE PROPERTIES. LLP REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT UP TO 130 GARAGES AT THE TWIN LAKE MANOR APARTMENTS LOCATED AT THE SOUTHWEST CORNER OF 53RD AVENUE NORTH AND BROOKLYN BOULEVARD Planning and Zoning Specialist Ron Warren explained that Twin Lakes Properties, LLP, was requesting site and building plan approval to construct 13 garage buildings containing ten parking stalls per building on property at the Twin Lake Manor Apartments on 53rd Avenue North. Access to the Twin Lakes Manor Apartments would not be altered, and adequate parking requirements would be met. George Van Vliet, Twin Lakes Manor owner, responded to several Council inquiries about former water drainage problems, landscaping plans, blacktopping plans, and other renovations in the process of being completed at the apartment complex. Much discussion was had regarding whether curb and gutter should be required as part of this site and building plan approval. Councilmember Hilstrom stated for the record that she opposed approval of this item unless at least a condition was added to set a time frame in which curb and gutter must be installed on this site. 8/25/97 _�_ A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97013 submitted by Twin Lake Properties, LLP. The motion was seconded by Councilmember Peppe and passed on a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom voted nay. COUNCIL CONSIDERATION ITEMS RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GEORGE NERBURN Mayor Kragness expressed recognition of and appreciation for George Nerburn's dedicated public service on the Earle Brown Days Board of Directors and various other civic efforts associated with Earle Brown Days. RESOLUTION NO. 97-139 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GEORGE NERBURN - The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND City Manager McCauley explained that the City Charter provides authority to the Council to make permanent transfers among all funds which may be created, provided that such transfers are consistent with the provisions of relevant covenants, the provision of this charter, or State Statute. The Financial Management Policies of the City contain a formula for determining adequate fund balances for the General Fund. There is now more than $300,000 of surplus funds in the General Fund which is available for transfer to the following funds: $200,000 to the Special Assessment Construction Fund to pay for a portion of the 1998 neighborhood street improvements which are to be funded on a citywide basis instead of by special assessments; and, $100,000 to the Capital Improvements Fund to provide an annual ongoing level of effort to fund park and building needs. Councilmember Hilstrom left the Council table at 8:12 p.m. RESOLUTION NO. 97 -140 8/25/97 -6- Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed with a vote of Councilmembers Carmody, Lasman, Peppe and Mayor Kragness voting aye; Councilmember Hilstrom abstained. RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON Councilmember Hilstrom returned to the Council table at 8:14 p.m. City Manager McCauley explained that this bond referendum is proposed to raise $7.9 million in gross bond proceeds for the purpose of constructing a new freestanding police station, removing and reconstructing fire station #1 at 63rd and Brooklyn Boulevard, and remodeling fire station #2 at 65th and Dupont Avenue. This bond issue, if approved by the voters, would provide approximately $7,758,000 in net bond proceeds after issuance costs and underwriting discounts. Taxes for debt service on the bonds would be levied on market value at the same rate across all taxable property and not on tax capacity, as is the case for the general levy. The specific projects proposed are: Police: construct a new police facility of approximately 23,000 square feet including garage space Fire station #1 (63rd and Brooklyn Blvd.): demolish the existing structure and build a new fire facility Fire station #2 (65th and Dupont): remodel for code compliance and energy efficiency and square off the entrance The estimated construction cost for the fire buildings is $3.6 million, and the estimated cost for the police building is $4.3 million. The cost estimate for police does did not include property acquisition, but does include contingencies. Certain aspects of the final design could impact the total cost of furnishing the facility and providing for footings. The Capital Improvement Fund is being recommended as a source of contingency funding should unexpected issues arise during construction above the contingency monies identified in the cost estimate. The Capital Improvement Fund would also be used to cover the difference between net bond proceeds and the final cost of the project since net bond proceeds would be approximately $142,000 less than the estimated cost of the project including contingencies. Sufficient funds are available in the 8/25/97 -7- Capital Improvement Fund to cover these contingencies. The City Council is being asked to adopt the resolution calling for a bond referendum on a single question to issue $7.9 million in general obligation bonds to finance the construction to meet the building needs of the police and fire operations. The bonds, if approved, would be paid back over 15 years. Taxes would be levied in 1998 for the debt service on bonds to be issued in late 1997 or early 1998. Seven possible sites were inventoried for a freestanding police facility. Five of these sites would have involved substantial acquisition costs. Advantages and disadvantages of the remaining two sites, the EDA site on Humboldt Avenue North and the site adjacent to City Hall, were noted by Mr. McCauley. Replacement of the displaced liquor store is pending the market study. It is possible to incorporate a new liquor store into the 63rd and Brooklyn Boulevard fire station construction. Bond issue proceeds would not be used for any costs associated with incorporating a liquor store into the plan. Mr. McCauley explained that if the Council proceeds to call for the bond election, the election would be held on the regular November election date for school district board members, November 4, 1997. Councilmember Hilstrom stated that the wording of the bond referendum question wasn't too clear and that the voters might not understand what they are voting on. City Attorney LeFevere responded by saying this wording was per statute and the broadest range of language use, but limited to police and fire needs, in this case. There would be more limitations with being too specific. Public education on this bond issue is a separate step. RESOLUTION NO. 97-141 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM 8/25/97 -8- City Manager McCauley explained that the Department of Public Safety sponsors a Local Law Enforcement Block Grants Program and supplies funding to cities for approved programs. The City of Brooklyn Center has submitted an application requesting funds totaling $28, 048 for the implementation of the Local Law Enforcement Block Grants Program. The grant will be used to purchase capital items not otherwise included in the budget. RESOLUTION NO. 97 -142 Member Hilstrom introduced the following esolution and moved its adoption: o g P RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES• WATER RESOURCES MANAGEMENT PLAN AND WATER QUALITY STUDY, LOCAL STORM WATER MANAGEMENT PLAN, PHASE II City Manager McCauley explained that the City's 1997 Storm Drainage Utility and Capital Improvements Fund "budgets included a total of $50,000 for a Water Resources Management Plan and Water Quality Study. A Request for Proposals (RFP) was prepared to search for and select an engineering consultant having the resources, technical expertise, and proven experience to prepare a comprehensive study and report that address many issues, including resource management, capacity needs, water quality issues, assessment and analysis of existing conditions, maintenance strategies, and capital improvement recommendations and opportunities. This report will be used by staff to define future maintenance practices, establish budgets, identify new capital projects or programs, and refine principles and practices guiding the ongoing design of infrastructure improvements such as the annual Neighborhood Street and Utility Improvement Program. The report will also assist in identifying needs and improvements that may relate to and impact redevelopment opportunities, existing maintenance programs, and other related items. RESOLUTION NO. 97 -143 Member Lasman introduced the following resolution and moved its adoption: 8/25/97 -9- RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES: WATER RESOURCES MANAGEMENT PLAN AND WATER QUALITY STUDY, LOCAL STORM WATER MANAGEMENT PLAN, PHASE II I The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT IMPROVEMENT PROJECT NO. 1997 -15 CONTRACT 1997 -L POOL OZONIZATION SYSTEM City Manager McCauley explained that the 1997 Capital Improvement Fund Budget includes funds for the installation of an ozone disinfection system to the filtration system of the Community Center pool. This resolution would accept the bid and award the contract to U.S. Mechanical, Inc. Mr. McCauley noted that this ozonization system would be of sufficient size to also handle the wading pool in its current location and dimension, but would require a wading pool to have a separate filtration chlorination system. RESOLUTION NO. 97-144 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -15, CONTRACT 1997 -L, POOL OZONIZATION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES AND BUILDING MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5912 CAMDEN AVENUE NORTH BROOKLYN CENTER MINNESOTA LEGALLY DESCRIBED AS LOT TEN j10j, BLOCK ONE (1). "CAMDEN ACRES." HENNEPIN COUNTY MINNESOTA City Manager McCauley explained that this resolution would authorize staff to contract with a private firm to remove and clear all debris, trash, junk vehicles, boats, machinery, etc., from the yard at 5912 Camden Avenue North. This property has been the subject of numerous code enforcement actions in the past, including prosecution. All costs, including staff time and legal expenses, are to be assessed against the property. RESOLUTION NO. 97 -145 Member Carmody introduced the following resolution and moved its adoption: 8/25/97 -10- RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES AND BUILDING MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5912 CAMDEN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, LEGALLY DESCRIBED AS LOT TEN (10), BLOCK ONE (1), "CAMDEN ACRES," HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the meeting at 8:41 p.m. passed unanimously. City Clerk Z9 Mayor Recorded and transcribed by: LeAnn Larson 8/25/97 -11-