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HomeMy WebLinkAbout1996 03-25 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 25, 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, Community Development Director Brad Hoffman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, Planning and Zoning Specialist Ron Warren, and Council Secretary Carla Wirth. COUNCIL REPORTS Councilmember Carmody announced a spring clean up starting the end of April and that the code enforcement officer will pass out warnings which include a time deadline prior to fines. She explained more details will be provided at the next meeting. OPENING CEREMONIES The invocation was offered by Dean Nyquist. PRESENTATION North Metro Mayors Association Joseph Strauss, representing the North Metro Mayors Association (NMMA), explained Elwyn Tinklenberg, President of the NMMA, was unable to attend tonight and asked him to attend and provide a quick overview. Mr. Strauss thanked the City for its membership since 1985 and leadership shown in putting the NMMA into place. He commented on the types of common issues between member communities and the realization that the City's tax base is far different than some metro seven - county areas, especially as it relates to commercial/industrial tax rates, housing, and highway funding. Mr. Strauss thanked Mayor Kragness and the City Manager for their participation and commented on the vision of the NMMA for equitable distribution of funding, development, and delivery of core services. Mr. Strauss stated he looks forward to the Council's input and leadership. 03/25/96 - 1 - APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the March 25, 1996, agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve minutes of the March 11, 1996, Regular Session, and the March 12, 1996, Special Session, as printed passed unanimously. PROCLAMATIONS Member Kristen Mann introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 20, 1996, TO BE A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Kathleen Carmody and passed unanimously. Member Kristen Mann introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 7, 1996, AS WORLD HEALTH DAY The motion for the adoption of the foregoing proclamation was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96-69 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO DAVIDSON HOTEL COMPANY, , dba HILTON HOTEL The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -70 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND CONTRACTS FOR THE INSURANCE AGENT AND INSURANCE CONSULTANT FOR 1996 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. 03/25/96 -2- RESOLUTION NO. 96 -71 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96-72 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID, AMENDING THE 1996 GENERAL FUND, AND CENTRAL GARAGE FUND BUDGETS, AND AUTHORIZING THE PURCHASE OF ONE (1) SIDEWALK PLOW WITH SNOW BLOWER AND V -PLOW The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96-73 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS TO PROVIDE FOR THE REPAIR OF ONE PARK. MAINTENANCE DUMP TRUCK BOX The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -74 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) 72" RIDING MOWER The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. AN ORDINANCE VACATING PART OF A STREET EASEMENT (JAMES CIRCLE NORTHD IN REGISTERED LAND SURVEY NUMBER 1482 HENNEPIN COUNTY MINNESOTA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve first reading of An Ordinance Vacating Part of a Street Easement (James Circle North) in Registered Land Survey Number 1482, Hennepin County, Minnesota, passed unanimously. 03/25/96 -3 - AA RESOLUTION NO. 96 -75 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1996 -09, CONTRACT 1996 -A, 1996 SEALCOAT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96-76 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -20, CONTRACT 1995 -J, WELL #5 ANNUAL MAINTENANCE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -77 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -18, NEW ELECTRIC CONTROLS FOR WELLS 5, 6, AND 7 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96-78 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON 69TH AVENUE NORTH BETWEEN SHINGLE CREEK PARKWAY AND DUPONT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the application from Earle Brown Elementary PTA for authorization for an exemption from lawful gambling license passed unanimously. 03/25/96 -4- LICENSES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following list of licenses passed unanimously: MECHANICAL SYSTEMS A -ABC Appliance & Heating, Inc. 2638 Lyndale Ave. S Air and Furnace Care, Inc. 8733 Humboldt Ave. N. B & D Plumbing & Heating, Inc. 4091 Maciver Ave N.E. Bostrom Sheet Metal Works, Inc. 785 Curfew Street Brooklyn Air Heating and A/C 5801 Lyndale Ave. N. Carver Heating & A/C 109 East 3rd Street Centraire Inc. 7402 Washington Ave. S. Crown Heating & Cooling, Inc. 500 Foote Street Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd. Egan Mechanical Contractors 7100 Medicine Lake Road Excel Air Systems 2075 Prosperity Road Gas Supply, Inc. 2238 Edgewood Ave. S. Golden Valley Heating & A/C 5182 West Broadway Home Energy Center 15200 25th Ave. N., Suite 128 Maple Grove Heating and A/C 401 County Road 81 Marsh Heating and A/C 6248 Lakeland Ave. N. Minnegasco 800 LaSalle Ave Owens Services Corporation 930 East 80th Street P & D Mechanical Contracting Co. 4629 41 st Ave. N. Preferred Mechanical Services 7643 Logan Ave. S. Pride Mechanical, Inc. 3025 NE Randolph Street Quality Air, Inc. 7907 5th Street NE Ron's Mechanical 12011 Old Brick Yard Road Royalton Heating & Cooling Co. 4120 85th Ave. N Standard Heating & A/C Co. 410 West Lake Street Superior Contracts, Inc. 6121 42nd Ave. N. Swenson Htg. and Air Cond. 6700 West Broadway Thermex Corporation 4850 Park Glen Road Vougt Heating and A/C 3260 Gorham Avenue Wenzel Heating and A/C 1955 Shawnee Road Yale, Inc. 9649 Girard Ave N. RENTAL DWELLINGS Initial: Brian Leonard 5619 Knox Ave. N 03/25/96 -5- Renewal: Ira Sklader Brookdale Towers Olympic Development Co. Lyn River Apartments Arthur and Dolores Kvamme 5529 Aldrich Drive N. Robert and Bonnie Healy 5517 Bryant Ave. N. Kenneth R. Johnson 5301 Winchester Lane Joseph and Patricia Simmon 2913 64th Ave. N. SIGN HANGER Lawrence Sign 945 Pierce Butler Route The Neon Shop 1839 Central Ave. NE Nordquist Sign Company, Inc. 312 West Lake Street Sign Solutions, Inc. 3810 West Broadway Ave. Topline Advertising 1471 92nd Lane NE OPEN FORUM Dave Peterson, Brooklyn Center Prayer Breakfast Committee, announced the upcoming Prayer Breakfast on April 20, 1996, from 8 a.m. to 10 a.m., and invited the Mayor, Council, and staff members to attend. He informed the guest speaker will be Cris Carter of the Vikings organization and John Carlson, Lutheran Church of the Master, will provide music. Calvin Portner, Congressman Ramstad's field representative, explained the location of their office and hours of operation. He stated they are available to answer questions and assist in situations as they arise. Mr. Portner extended an invitation to attend the Town Hall meeting on April 9, 1996, at 7 p.m. PUBLIC HEARING ON VACATING PART OF A UTILITY AND DRAINAGE EASEMENT IN LOT 1 BLOCK 1 BROOKDALE SQUARE 2ND ADDITION The City Manager advised this ordinance was first read on February 26, 1996, published in the City's official newspaper on March 6, 1996, and is offered this evening for a second reading and public hearing. The Director of Public Services reviewed the location of the easement in Brookdale Square and advised the resolution is needed to correct a typographical error. A motion by Councilmember Mann and seconded by Councilmember Carmody to open the public hearing at 7:13 p.m. passed unanimously. PUBLIC INPUT No one appeared to address this item. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to close the public hearing at 7:13 p.m. passed unanimously. 03/25/96 -6- ORDINANCE NO. 96 -02 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF A UTILITY AND DRAINAGE EASEMENT IN LOT 1, BLOCK 1, BROOKDALE SQUARE 2ND ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. PLANNING COMMISSION APPLICATION 96002 The City Manager reviewed the request of Sunlite Properties for a Planned Unit Development (PUD) amendment to build an approximate 69,000 sq. ft. office /industrial facility on a 6.25 acre site located west of Parkway Circle, north of the Holiday Inn. The Planning and Zoning Specialist displayed an overhead identifying the location of the property under consideration and explained this is actually an amendment to the General Litho site. He reviewed the proposal and noted it is very similar to the previous proposal by General Litho which was approved a little less than one year ago. He pointed out the location of 20 parking spaces which are separated from this site and part of the PUD development agreement. The Planning and Zoning Specialist advised the Planning Commission recommended approval of this application at its February 14, 1996, meeting subject to 18 conditions. Councilmember Hilstrom inquired whether anyone appeared before the Planning Commission at the public hearing. The Planning and Zoning Specialist advised no one appeared to address this application except the applicant and property owners. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 96002 subject to the following 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 building permits. 3. A 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 ensure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 03/25/96 -7- i 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. 9. The applicant shall submit an as -built survey of the property, improvements, and utilities service lines prior to the release of the performance guarantee. 10. The property owner shall enter into 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 storm drainage system shall be approved by the Single Creek Watershed Commission prior to the issuance of permits, and the following financial guarantees will be deposited with the City Engineer by the applicant: A. A $2,500 cash surety as required by the Wetland Conservation Act. B. A $5,000 cash surety to ensure completion of required wetland monitoring. 13. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 14. The 20 parking stalls indicated on the north side of the site shall be dedicated as off -site accessory parking for the sole use of the adjoining property to the north. Said declaration shall be filed with the titles to the property prior to the issuance of permits. 15. The amended agreement for parking on Parkway Circle, the central parking lot, and adjoining area relieving the subject property of its 153 parking stall encumbrance and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to the issuance of permits for this project. 16. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 17. The applicant shall receive the appropriate approvals from the Shingle Creek Watershed Management Commission, the Army Corps of Engineers, and the Department of Natural Resources prior to the issuance of permits for his project. 18. An ordinance amendment vacating a portion of the drainage and utility easement on this property affected by the proposed building expansion shall be accomplished prior to the issuance of building permits for this project. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The City Manager noted the ordinance to amend Chapter 35 was first read on July 10, 1995, published in the City's official newspaper on July 19, 1995, tabled on August 14, 1995, and following the public hearing, is offered this evening for adoption. 03/25/96 -8- ORDINANCE NO. 96-03 Member Kathleen Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen Mann and passed unanimously. COUNCIL CONSIDERATION ITEMS SET DATE FOR COUNCIL CANVAS OF SPECIAL ELECTION A motion by Councilmember Mann and seconded by Councilmember Carmody to set the date for a Council Canvas of Special Election for Wednesday, March 27, 1996, at 7 p.m. passed unanimously. Councilmember Hilstrom announced the special election and the possibility a quorum of Councilmembers may be present. MAYOR TO APPOINT COMMISSIONER TO SERVE ON PARK AND RECREATION COMMISSION Mayor Kragness noted there are three applicants who are well - qualified and recommended the appointment of Gail Ebert. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the appointment of Gail Ebert to serve on the Park and Recreation Commission passed unanimously. Gail Ebert identified herself and the Council welcomed her to the Park and Recreation Commission. RESOLUTION RELEASING AND TERMINATING A PARKING RAMP DEDICATION The City Manager advised the proposed resolution releases the parking ramp agreement for Tracts A, B, and C of RLS 1564 and Tracts A, B C and G for RLS 1572 and relates to the area just considered. The City Attorney explained it was expected all of the parties would have executed the agreements by now and the First Bank of Chicago, which holds the a mort e against the properties owned b gg g p P Y First Industrial, has indicated they will sig n the necessary documents. He recommended the ro osed resolution be contingent upon e P n xecution of documents b all other proposed P Y parties. P The Community Development Director advised the intent of the resolution is to dual track the removal of the parking dedication with the Sunlite properties if not signed off prior to the closing on Wednesday, March 28, 1996. He clarified the proposed resolution will assure the sale of the 03/25/96 -9- Holiday Inn can proceed and recommended it not be subject to document execution but, rather, to EDA action on the development agreement with Sunlite Properties. Council concurred. RESOLUTION NO. 96-79 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RELEASING AND TERMINATING A PARKING RAMP DECLARATION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. AN ORDINANCE AMENDING ORDINANCE NO 95-02 EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS The City Manager advised the proposed ordinance is offered tonight for first reading. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve first reading of An Ordinance Amending Ordinance No. 95 -02 Extending the Moratorium on the Siting of Adult Establishments passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 7:27 p.m. passed unanimously. City Clerk Mayor 0 Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 03/25/96 -10-