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HomeMy WebLinkAbout1996 03-11 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 MARCH 11, 1996 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 Kristen Mann. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Assistant City Manager Nancy Gohman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was offered by Dean Nyquist. COUNCIL REPORT Mayor Kragness reminded the Council regarding the special election to be held tomorrow, March 12, for the vacant Council seat and schedule for canvass and recount, if necessary. Mayor Kragness noted the Remodeling Fair to be held at the Brooklyn Center High School on March 16, 1996. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the March 11, 1996, agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve minutes of the February 26, 1996, Regular Session, and the February 26, 1996, Executive Session, as printed passed unanimously. RESOLUTION NO. 96-50 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A NEW STAFF CAR FOR THE POLICE DEPARTMENT 03/11/96 - 1 _ The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. APPLICATION FROM JUNIOR ACHIEVEMENT OF THE UPPER MIDWEST FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the application from Junior Achievement of the Upper Midwest for authorization for an exemption from Lawful Gambling License passed unanimously. RESOLUTION NO 96 -51 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPOINTING FIRE CHIEF RON BOMAN AS EMERGENCY MANAGEMENT DIRECTOR AND POLICE CAPTAIN JOEL DOWNER AS EMERGENCY MANAGEMENT COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO 96 -52 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 30, 1996 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -53 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ALUMINUM SIGNS AND SIGN BLANKS FOR ANNUAL SIGN REPLACEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -54 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE AND INSTALLATION OF ONE (1) FRONT SNOW PLOW, ONE (1) WING SNOW PLOW AND ACCESSORIES AND ONE (1) TAILGATE SANDER 03/11/96 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -55 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE AND INSTALLATION OF ONE (1) UNDERBODY BLADE, ONE (1) STROBE LIGHTING SYSTEM AND ONE (1) ROLL UP TARP SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -56 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) SANDER, ONE (1) UNDERBODY, ONE (1) FRONT SNOW PLOW AND ONE (1) HYDRAULIC SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -57 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1996 -01, 02, AND 03, ORCHARD LANE EAST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT 1996 -B The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-58 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1996 -12, DISEASED TREE REMOVAL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. 03/11/96 -3 - RESOLUTION NO. 96-59 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1994-30, CONTRACT 1994 -G, 69TH AVENUE LANDSCAPING, PHASE II The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-60 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -05, 69TH AVENUE NORTH (SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH) ROADWAY, BRIDGE REPLACEMENT, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT 1996 -C The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the following list of licenses passed unanimously: MECHANICAL SYSTEMS M & C Mechanical, Inc. 14189 -70th Street S. Master Gas Fitters, Inc. 2240 Shawnee Drive St. Marie Sheet Metal, Inc. 7940 Spring Lake Park Road RENTAL DWELLINGS Initial: Gary Nesseth 5919 Pearson Drive Wendy LaRock 6657 Xerxes Place North Renewal: Redevco- Marvin Garden Ltd. Marvin Garden Townhomes Eugene Hanauska 6538 Brooklyn Blvd. William and Linda Bjerke 3614 -16 50th Avenue North Valerie Blount 1316 68th Lane North Richard W. Sandeen 1706 71 st Avenue N. 03/11/96 -4- OPEN FORUM Karl Ulrich, 5233 Drew Avenue N., reported that in December when it was 60 below zero, his water was disconnected for nonpayment of the bill. He reviewed the NSP cold weather policy where disconnections are not made due to nonpayment during winter months and expounded on the importance of water to quality of life. He stated as a result of the disconnection, a two foot hole was made in his yard in an attempt to locate the place to make the disconnection, and he has a $50 bill to repair a broken meter. Mr. Ulrich urged the Council to reconsider the proposal made months ago that would have provided homeowners and taxpayers, if they are unable to pay, to roll their utility bill into the taxes so they can maintain services during cold winter weather. He commented on the need to work together to make Brooklyn Center a better place and offered his assistance. Mayor Kragness stated the proposal mentioned was set aside for further study. She thanked Mr. Ulrich for his offer of help and indicated the Council would appreciate his input. PUBLIC HEARING ON PROPOSED USE OF 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Manager noted the prioritization of the Urban Hennepin County 1996 Community Development Block Grant (CDBG) program and staff s recommended action to spend funds pursuant to this plan until Council has fully reviewed the spending allocation at its April work session. A motion by Councilmember Hilstrom and seconded by Councilmember Mann to open the public hearing at 7:13 p.m. passed unanimously. Mark Neumann, HOME Line, the housing services of Community Action for Suburban Hennepin (CASH), reviewed advocacy services they provide for tenants, homeowners, and foreclosure prevention. He reviewed the number of Brooklyn Center residents who use their program and highlighted activities started in 1994 to expand home ownership opportunities by providing information on home maintenance and repair, assistance to get repairs done, and establishment of a loan fund. He invited the Council to attend the upcoming home purchase workshop. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to close the public hearing at 7:17 p.m. passed unanimously. RESOLUTION NO. 96-61 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. 03/11/96 -5- PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NOS 1994 -03 AND 04 57TH AVENUE HUMBOLDT TO CAMDEN AVENUES STREET AND STORM DRAINAGE IMPROVEMENTS AND 1996-06.07- AND 08, LOGAN JAMES AND KNOX AVENUES STORM DRAINAGE, AND UTILITY IMPROVEMENTS The Director of Public Services introduced the proposed project and noted 75% of streets within Brooklyn Center are beyond its useful life, resulting in the need to research whether it is financially feasible to continue maintenance or if the roadways should be reconstructed. She advised Brooklyn Center has invested $100 million in its infrastructure and utilities, and the Council, three years ago, recognized the need to reinvest in the community to maintain the infrastructure and also to remain competitive with other communities. She commented on the determination by the Council of whether to continue with patching and sealcoating activities, which do not extend the life of the roadway or provide a return on the investment, or to invest in reconstruction. The City Engineer provided a detailed presentation regarding Improvement Project Nos. 1994 -03 and 04, 57th Avenue, Humboldt to Camden Avenues, Street and Storm Drainage Improvements, and 1996 -06, 07, and 08, Logan, James, and Knox Avenues Storm Drainage, and Utility Improvements. He noted the total cost of the project is approximately $2.8 million and will be funded from a combination of MSA, special assessment for street and storm drainage utility improvements, government obligation (GO) bonds, storm drainage utility, water utility fund, and sanitary sewer utility fund. The Council's 1996 residential unit rate for street reconstruction is $1,850 per parcel and staff has not determined the exact storm sewer unit rate but estimate $600 to $1,000 per property. Councilmember Carmody questioned the future storm sewer alignment along 55th Avenue and how drainage will be addressed until it is constructed. The City Engineer explained there is presently a storm sewer line on 55th Avenue which will be used. It can handle a two -year event and will be upgraded to a five -year event design. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 7:33 p.m. passed unanimously. Daniel Kitchin, 5601 Logan Avenue N., indicated he had to close his well due to the petroleum spill at the SuperAmerica site and asked how this will be addressed. The City Engineer responded the City is aware of this situation and SuperAmerica is monitoring it. Mr. Kitchin stated he hopes the City will clean it up soon. Richard Armstrong, 5602 Logan Avenue N., presented a lengthy dissertation indicating it was inferred by the City that residents in this area would not be reassessed in the future when the streets or utility improvements needed upgrading and suggested staff research the City's records. With regard to the SuperAmerica contamination, he reviewed his past activity in sending Ashland Oil Company a certified letter which was not responded to in a timely manner. He noted the contamination is not recent but happened in the 1970s and suggested the Minnesota Pollution Control Agency (MPCA) be contacted regarding corporate responsibility. 03/11/96 -6- Mr. Armstrong questioned whether the City had a hidden agenda regarding the proposed improvements to Logan and Knox Avenues to make one -way streets in Precinct 1. Mayor Kragness stated the Council has discussed a 20 -year replacement plan and that is the agenda. Mr. Armstrong commented on the socio - economic changes occurring in Brooklyn Center and his support to implement metal stop signs to encourage alternate routes. He asserted that due to the current volume of traffic and widening the road Logan Avenue will become a raceway, even if patrolled by the Brooklyn Center Police Department. Mr. Armstrong stated if the roads need to be resurfaced so be it, but the groundwater, which is one of the best in the United States, had been contaminated in the late 1970s and not corrected to this date. He suggested, if the City wants to replace and widen the street to allow parking, they purchase all the homes. Mr. Kitchin presented a letter he had received from the MPCA concerning site contamination at SuperAmerica. Dana Boeshans, 5322 Logan Avenue N., asked whether the alley will be reconstructed. The City Engineer explained the project includes the storm sewers but he is unsure if this particular alley would be impacted. Johanna Mills, 5517 Logan Avenue N., expressed concern with widening Logan Avenue due to heavy traffic levels including semi - trailer trucks and commented on the negative impact to the neighborhood. The Director of Public Services advised regarding the use of MSA funding and explained to allow parking, the roadway must to be constructed to their standards (34 feet in width). If reconstructed to current width, parking would be prohibited at all times. Ms. Mills appealed to the Council not to make the roadway wider. Councilmember Carmody inquired if this issue was addressed at the neighborhood meeting and asked if residents would give up on -street parking to keep the street at its current width. The Director of Public Services clarified that the no on -street parking would apply to residents; parking would be totally prohibited. Ms. Mills stated too many residents could not live with this and questioned the option of installing more stop signs or restricting semi - trailer trucks and buses. The Director of Public Services advised part of the review between now and ordering the project will include a more detailed review of traffic levels and determine if other areas are appropriate for stop signs. Mayor Kragness explained that not meeting MSA standards eliminates the ability to use MSA funding. The City Manager noted the MSA funding for this project is about $1 million. Mr. Armstrong again addressed the Council and reiterated that residents in this area were told they would not be reassessed for these types of improvements. He questioned the use of a "pinster" situation where there is a threat of loss of funding if the road is not widened and asked if Logan Avenue is a rooming -house corridor. 03/11/96 -7- Dave Holmes, 5649 Logan Avenue N., stated his house is behind the SuperAmerica Station and there has been no parking in front of his house for many years. He stated the Council needs to address congestion on this corner which is caused by SuperAmerica parking and semi - trailer truck deliveries. Virginia Stees, 5524 Logan Avenue N., stated she was not aware of any neighborhood meetings that were scheduled and asked how residents can answer how they feel about this project when they don't know what they will pay. Councilmember Carmody stated the street assessment is estimated at a residential unit rate of $1,850 and storm sewer assessments are based on actual cost of the project and benefit to property owner. Due to the difficult storm sewer improvements, staff is in the process of determining benefit specific to each property and estimate a range from $600 to $1,000 per property, or a total assessment of about $2,500 per property. Ms. Stees concurred with other comments regarding the difficulty in access to Logan Avenue and due to increased noise, Logan Avenue is not pleasant to live on. She stated she hopes to continue living in Brooklyn Center but will have to look at that in light of this project. Darren Jakel, 5501 Logan Avenue N., concurred with other comments and indicated concern that a wider street will result in higher traffic speeds. He requested the Council consider the placement of stop signs. Randy Mills, 5517 Logan Avenue N., stated he originally supported this project but questioned the parking restriction if the project is not approved as presented (wider width), especially since parking is allowed on other streets. He supported consideration of stop signs or a blocked -off street which creates more of a neighborhood. Grady Boeck, 5601 Indiana Avenue N., stated he is not a resident of this neighborhood and expressed his concern regarding the consideration to use GO bonds to fund a portion of this project which results in an increased tax rate for all other residents of Brooklyn Center. He reviewed past projects which were approved and expressed his concern that this practice will continue for the 20 year cycle. He suggested a different strategy be devised instead of the current 20 year cycle of tearing up the roads and installing concrete curb and gutter. He expressed concern there is no requirement to hold a referendum in this type of situation when assessing 20% of the project and placing the remaining 80% against property taxes through general obligation bonds. Bernice Vaillancourt, 1000 - 57th Avenue N., stated she owns a comer lot and asked if she would be assessed twice. She agreed 57th Avenue is too low and needs to be raised to improve drainage. Councilmember Carmody explained residents would be assessed once. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing at 8:20 p.m. passed unanimously. Councilmember Mann expressed concern regarding bonding each year for street improvements and asked if this is being reviewed. The City Manager responded affirmatively. 03/11/96 -8- Councilmember Carmody inquired when the assessment roll will be determined. The City Manager advised staff will recommend a flat unit dollar amount so neighborhoods with an extremely deep storm sewer will be treated the same as other neighborhoods with a system at a normal depth. This will be considered prior to awarding the bid. Councilmember Carmody asked if it is possible to construct a "choker" to slow the speed of traffic. The Director of Public Services indicated staff will evaluate that option along with the traffic study and traffic counts. She explained the choker technique used on Woodbine Lane has generated P q g several complaints about the need to slow down. Councilmember Hilstrom requested a survey of residents to determine whether they support a narrow width and no parking or a wider width that allows parking. The Director of Public Services explained the current proposal is for a width of 32 feet with an extra two -foot shoulder. Mr. Armstrong again addressed the Council to ask if the resident's objections are under consideration and whether the disposition of this case is negotiable. Councilmember Carmody reviewed the process to approve the tentative improvement project and allow staff to prepare the specific improvement plan. Mr. Armstrong asked if the property owner's input will make a difference in the design of this project. Councilmember Hilstrom indicated the Council wants public input and now is the appropriate time to bring forward concerns so a study can be ordered and the concern addressed prior to preparation of final plans and specifications. Mayor Kragness noted changes can be made which is why studies are being ordered and the bonding being addressed. Mr. Armstrong asserted that the residents are not being heard and asked if the project will be changed in consideration of their concerns. Councilmember Carmody reviewed how the input from the last project resulted in revisions. Councilmember Hilstrom requested an update on the petroleum tank release mentioned at SuperAmerica and advised that this requested update will be included in her motion to approve Resolution No. 96 -62. RESOLUTION N0.96 -62 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1994 -03 AND 04, 57TH AVENUE, HUMBOLDT TO CAMDEN AVENUES, AND 1996 -06, 07, AND 08, LOGAN, JAMES, AND KNOX STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT 1996 -G 03/11/96 -9- The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO 1996 -10 53RD AVENUE. XERXES TO UPTON AVENUE AND XERXES 49TH TO 53RD AVENUES STREET IMPROVEMENTS The Director of Public Services introduced the proposed project and the City Engineer gave a detailed presentation regarding Improvement Project No. 1996 -10, 53rd Avenue, Xerxes to Upton Avenue, and Xerxes, 49th to 53rd Avenues Street Improvements which are being undertaken in conjunction with the City of Minneapolis. Mayor Kragness questioned the sewer location along 53rd Avenue. The City Engineer reviewed the location and indicated it is being inspected to determine the condition and whether rehabilitation is needed. Councilmember Hilstrom asked if a newsletter will be sent to residents in this area as with other projects. The City Engineer responded affirmatively. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 8:37 p.m. passed unanimously. Steve Ness, 2800 -53rd Avenue N., asked if residents have a choice regarding concrete curb. The Director of Public Services explained the current City standards are to construct curb and gutter. Mr. Ness explained he lives on a corner lot and will have curb and gutter on one side but not both sides. The City Engineer advised this question came up at the neighborhood meetings so staff researched the option but found problems since the City of Minneapolis is doing the work and their cost to add a portion of street is more than what it typically costs Brooklyn Center to design and hire a private contractor. Therefore, it is not included but could be part of another project if the Council believes it is prudent to do so. Councilmember Hilstrom questioned the timing if not included now. The City Engineer stated it is difficult to determine but estimated three years. The City Manager stated staff will research this resident's situation and determine if it is feasible to include. Mr. Ness stated if curbs on both sides cannot be included, he is not in favor of the project. Terry Nelson, 3001 -51st Avenue N., pointed out this will be the only block with no curb and gutter. He advised there is a low spot in the roadway in front of his house which needs to be drained. Also, another property which has two driveways on Xerxes Avenue is not being assessed. The City Engineer explained once the City of Minneapolis approves the project, staff will meet with them to determine the schedule of work. He believed it would be under construction the entire summer and part of fall. 03/11/96 -10- With regard to the issue of curb and gutter, the City Manager advised staff will look at the same issue as with Mr. Ness' property. The Director of Public Services stated staff will have to determine whether it is cost effective to include these areas at this time, or to determine other options to alleviate drainage and appearance concerns. Mr. Nelson stated his driveway is 28 feet wide and questioned the policy regarding replacement aprons. The Director of Public Services informed the minimum allowance is twelve feet wide and the maximum is 24 feet wide. If wider than 24 feet, determination is made on a case -by -case basis. Councilmember Carmody questioned the possibility of a project next year to include the "loop" area. The Director of Public Services indicated it may be more cost effective to include this with another project, and, perhaps, it could be considered with the next round of southeast neighborhood projects. Mr. Ness asked again if the City will consider installation of curb and gutter on the side yard of his property. The City Manager stated staff will research this option for Mr. Ness' and other corner properties with a similar situation. Jim Lunacek, 5145 Xerxes Avenue N., reviewed his length of ownership and expressed concern about assessment to property owners along Xerxes Avenue. He asserted the damage to Xerxes Avenue was caused by the heavy amount of traffic when the golf course was developed and stated he believes property owners should be relieved of the special assessment burden. He advised regarding several Xerxes Avenue residents with special circumstances (elderly, disabled, unemployed) and the resulting hardship if the proposed improvements are assessed. He stated he attended the neighborhood meeting and believes there is no need to move the street to the west. He also expressed concern the improvements will result in a higher speed of traffic. Councilmember Hilstrom inquired whether the stabilization program is available. The City Manager indicated it is, as well as senior deferral. Councilmember Hilstrom requested staff research the option of placing stop signs to address traffic speed. The Director of Public Services noted that Xerxes Avenue is a shared street so any traffic control decision needs to be agreed by both cities. She indicated staff will update traffic information regarding speeds and look into particular issues prior to design decisions. Councilmember Hilstrom requested staff keep the Council abreast of what Minneapolis is doing. Mike Calder, 5010 Xerxes Avenue N., inquired whether Xerxes Avenue will be widened and potential impact to rear yards. The City Engineer explained it will not be widened but shifted 1.8 feet to provide better grades for drainage. Mr. Calder asked if this will impact fences. The City Engineer stated the City of Minneapolis City Engineer believed the same slopes could be maintained or a retaining wall could be installed, if necessary. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing at 8:55 p.m. passed unanimously. 03/11/96 - 11 - RESOLUTION NO. 96 -63 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 1996 -10, CONTRACT 1996 - H, 53RD AVENUE, XERXES TO UPTON AVENUE, AND XERXES, 49TH TO 53RD AVENUES STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. Mayor Kragness declared a break in the meeting at 8:56 p.m. Mayor Kragness declared the meeting reconvened at 9:10 p.m. PLANNING COMMISSION APPLICATION NOS 96003 and 96004 SUBMITTED BY MIJA LANDENBERGER Mayor Kragness reviewed the request of Mija Landenberger for preliminary plat approval to subdivide the parcel of land on which the Budgetel Inn, 6415 James Circle North, is located into two lots, and for site and building plan approval for a 5,338 sq. ft. 140 seat Denny's Restaurant to be located on a proposed 1.02 acre parcel of land adjacent to the Budgetel Inn. She noted the unanimous recommendation of the Planning Commission for approval. The City Manager recommended the Council consider both Planning Commission Applications together since they are related. In response to the request of Councilmember Hilstrom, the City Planning and Zoning Specialist displayed and reviewed an overhead showing the location and site plan. He reviewed that originally this area was reserved for construction of a restaurant or expansion of the Budgetel udgetel Inn, but neither happened so the owners are requesting to split the property so they can sell to Denny's Restaurant. The Planning and Zoning Specialist then reviewed the site plan for the proposed restaurant and details of the extension of James Circle and the area to be vacated with Council consideration at a future meeting. He advised that the width of a commercial driveway opening cannot exceed 30 feet. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Plannin g PP J g Commission Application No. 96003 subject to the following conditions as recommended by the Planning Commission : assed unanimously: Y 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. 03/11/96 -12- 3. The applicant shall provide appropriate easements for sidewalk and utilities as recommended by the City Engineer. 4. An appropriate cross access easement allowing access over Lot 1 to Lot 2 shall be drafted and filed as an encumbrance with the plat for this property. 5. An ordinance amendment vacating a portion of the James Circle right -of -way shall be approved by the City Council prior to the filing of the final plat with the County. 6. Drainage and Utility Easements must be provided along all property lines. A minimum 5 foot drainage and utility easement must be provided along all property lines with the exception of the following: A. An existing drainage and utility easement is present along the entire west boundary of the property (Lot 1). This easement shall continue to exist and should be shown on the plat. B. A combination of storm sewer and water main traverse along the south boundary of this property. It is recommended that a 40 foot drainage and utility easement along the south side of the plat (Lots 1 and 2) be dedicated. C. A portion of the street right of way (James Circle North) is proposed to be vacated. A 10 foot drainage, utility, and sidewalk easement is recommended along the vacated portion. Vacation of roadway right of way shall be subject to review and approval of the City and all private utilities. The applicant shall provide appropriate legal descriptions. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 96004 subject to the conditions as recommended by the Planning Commission passed unanimously: 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. 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 insure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 03/11/96 - 13- 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 signery 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, including any off -site parking areas improved with this plan. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to the release of the Performance Guarantee. i 10. The property owners shall enter an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The plans shall be modified in the following manner prior to the issuance of building permits: a. Eliminate the parking stall encroaching into the required 15 foot green strip at the northeast corner of the site. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The final plat comprehended under Planning Commission Application No. 96003 shall receive final approval by the City Council and filed with the County prior to the issuance of permits for this project. COUNCIL CONSIDERATION ITEMS RESCHEDULE COUNCIL WORK SESSION The City Manager requested the Council reschedule the February 27, 1996, work session which was canceled. He noted another Council member will be coming on board but he would like to hold a work session at this time to address certain issues and hear a short presentation from the Chair of the Charter Commission. 03/11/96 -14- Councilmember Mann indicated she would be unable to attend a work session on March 18, 1996, and requested consideration of March 21, 1996, instead. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the date for a Council Work Session for Thursday, March 21, 1996, at 7 p.m. passed unanimously. Councilmember Mann inquired regarding whether other Council members had met with members of the Charter Commission. Councilmember Carmody indicated she had. Councilmember Hilstrom indicated she had a telephone conversation but did not personally meet with them. Councilmember Mann asked if more information will be presented to the Council. The City Manager advised that Mr. Willson, the Chair of the Charter Commission, thought it would be more productive in discussion format than at a formal Council meeting. SET DATE FOR COUNCIL WORK SESSION FOR MAY 20 1996 A motion by Councilmember Hilstrom and seconded by Councilmember Mann to set the date for a Council Work Session for Monday, May 20, 1996, at 7 p.m. passed unanimously. FINALIZE DATE FOR FACILITATED COUNCIL WORKSHOP FOR APRIL 27 1996 A motion by Councilmember Mann and seconded by Councilmember Carmody to set the date for a facilitated Council Work Session for Saturday, April 27, 1996, at 9 a.m. at the Inn on the Farm passed unanimously. RESOLUTION NO. 96-64 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE RESCUE TRUCK/MINIPUMPER AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE FUND BUDGETS TO PROVIDE ADDITIONAL FUNDING TO PURCHASE FIRE APPARATUS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-65 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -04, CONTRACT NO. 1996 -I, REPLACEMENT OF LIFT STATION NO. 1 AND FORCE MAIN The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. 03/11/96 -15- RESOLUTION NO. 96-66 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1996 -J, BOB CAHLANDER PARK AND PARK AND RIDE LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. The City Manager reported the MTCO has consented to naming the park & ride portion of the park "Bob Cahlander Park & Ride ". RESOLUTION ESTABLISHING PROJECT APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS IMPROVEMENT PROJECT NO 1996 -13 CONTRACT 1996 -E PLAYGROUND EQUIPMENT REPLACEMENT AT GRANDVIEW GARDEN CITY KYLAWN MARLIN, RIVERDALE AND WEST PALMER LAKE PARKS In response to Councilmember Mann, the Director of Public Services advised that staff is in the process of developing plans and specifications which will be presented to the Council in several weeks. Councilmember Mann noted the Park and Recreation Commission has reviewed proposed park improvements in the past and questioned how staff arrived at the breakdown of children. The Director of Public Services advised they were based on park maintenance observation of the age range of children. Councilmember Mann asked if the neighborhood will have an opportunity to review the park equipment being proposed. The Director of Public Services reported staff spoke with residents and Staff will contact residents again once the bids are received to receive input. Councilmember Mann inquired how the Park and Recreation Commission will review the equipment. The Director of Public Services explained staff will suggest the Park and Recreation Commission create a small subcommittee to review the plans. In response to Council's questions, the Director of Public Services explained they intend to retain all existing swings and horizontal ladders that are part of the connective devices that designers use. Staff has allowed them some discretion as to what equipment is age appropriate and they generally avoid separate stand -alone apparatus. Mayor Kragness inquired who selected the equipment listed. The Director of Public Services invited the Council's suggestions and explained the current proposal is based on what is there now in an attempt to continue the existing theme. 03/11/96 -16- RESOLUTION NO. 96 -67 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1996 -13, CONTRACT 1996 -E, PLAYGROUND EQUIPMENT REPLACEMENT AT GRANDVIEW, GARDEN CITY, KYLAWN, MARLIN, RIVERDALE AND WEST PALMER LAKE PARKS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Mann to adjourn the meeting at 9:28 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial 03/11/96 -17-