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HomeMy WebLinkAbout2005 02-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 14, 2005 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Informal Open Forum at 6:45 p.m. Motion passed unanimously. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager / Director of Operations Curt Boganey, Director of Public Works / City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. No one appeared before Informal Open Forum. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager / Director of Operations Curt Boganey, Director of Public Works / City Engineer Todd Blomstrom, Community Development Director Brad Hoffinan, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 02/14/05 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that she attended the Council Retreat on February 5, 2005. Councilmember Carmody reported that she attended the 94th Birthday Party of the City on February 5th and a watershed meeting on February 10th. Councilmember Lasman reported that she attended the January 27th and February 3rd final Special Events Committee meetings for the 94th Birthday Celebration which was held on February 5th and which she also attended. She explained that the banner that is posted behind the Council dais is a mural that the 5th and 6th graders put together from the Earle Brown Elementary School. The mural was displayed at the 94th Birthday Celebration and will go from the City Council Chambers to the Brookdale Library and then back to Earle Brown Elementary School. She also attended the February 12 Family Fun Day sponsored by the Lions Club. Councilmember O'Connor reported that she attended the Northwest Suburbs Cable Communications Commission on February 10, and there will be an open house at Channel 12 on March 21 for citizens to see the new equipment. She also said she attended the 94th Birthday Party on February 5th. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested that Item No. I Oi be moved up to Item No. l Oa, as the honoree was in the audience, and that the rest of the Council Consideration Items be renumbered consecutively following 10a. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the agenda and consent agenda with the amendment of moving Item No. IOi to Item No. l0a and amending the January 24, 2005, City Council Study Session minutes as follows: Page 3, Paragraph 2, replace second sentence with the following language: "She inquired if the land is owned by the Osseo School District and whether or not the Brooklyn Center taxpayers in the Osseo School District will be taxed for the adult education center." and amending the January 24, 2005, City Council Regular Session minutes as follows: Page 5, Item No. 8a, replace last sentence with the following language: "A motion by Councilmember Lasman, seconded by Councilmember O'Connor to continue the Public Hearing to February 14, 2005, and table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 71st Avenue North and Brooklyn Boulevard)." Page 6, Item No. 8b, replace last sentence with the following language: "A motion by Councilmember Carmody, seconded by Councilmember Lasman to continue the 02/14/05 -2- Public Hearing to February 14, 2005, and to table An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition." Page 8, Item No. 9a, Condition No. 6, add "d" to the word produce. Page 15, Item No. l Oj, replace fourth paragraph with the following language: "She said 85% must be donated back to charitable organizations in the trade area and 15% can be used for charitable organizations outside of the trade area." Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the January 10, 2005, Work Session minutes; the January 24, 2005, Study Session minutes as amended; the January 24, 2005, Regular Session minutes as amended, and the January 24, 2005, Work Session minutes. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the following list of licenses: FIREWORKS Target Corporation 6100 Shingle Creek Parkway GASOLINE SERVICE STATION Brooklyn Amoco Inc. 6044 Brooklyn Boulevard LIOUOR — CLASS B ON -SALE INTOXICATING AND SUNDAY, Days Inn 1501 Freeway Boulevard Holiday Inn Select 2200 Freeway Boulevard [liquor licenses approved subject to submittal of liquor liability insurance certificate] MECHANICAL Northern Air Corporation 75 S Owasso Blvd, Little Canada WD Mechanical 4354 Chicago Ave N, Minneapolis PUBLIC DANCE Coyote Grille 2101 Freeway Boulevard RENTAL Renewal: 5301 Dupont Ave N James DeBellis 2 disturbing peace, 1 weapons 02/14/05 -3- 6807 -13 -19 Humboldt Ave N Martha Ann Demetriou (Humboldt Court Apartments) I assault, I disturbing peace 1312 72nd Ave N Curtis Cady 0 calls 6109 -11 -13 Beard Ave N James & Bobbie Simons 0 calls 5347 -53 Brooklyn Blvd Randall Cook 0 calls 6915 Brooklyn Blvd Curtis Cady 0 calls 5000 A, B, C, D France Ave N Dean Gannon, Cross County Properties 0 calls 2741 Freeway Blvd (Motel 6 Manager's Apt) Motel 6 1 drug (manager) 6511 -21 Humboldt Ave N (The Pines) The Pines North LLC 28 disturbing peace, I weapons, 2 drugs 7211 Girard Ave N Tommy Vang 0 calls 1537 Humboldt Place N Suburban Properties, LLC 0 calls Initial: 2318 55" Ave N Sean Chun 1 disturbing peace 3225 64 Ave N Kao Yang 0 calls 6200 Brooklyn Blvd John French 0 calls 5548 Girard Ave N Berisso Bekuto 0 calls 2718 O'Henry Road Wade Klick 0 calls 5805 Pearson Drive Michael Staye 0 calls SIGNHANGER Imaginality, Inc. 6182 Olson Memorial Hwy, Golden Valley TOBACCO RELATED PRODUCT Holiday Inn Select 2200 Freeway Boulevard Motion passed unanimously. 02/14/05 -4- 7c. APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MARCH 12, 2005 There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the Application and Permit for a Temporary On -Sale Liquor License submitted by St. Alphonsus Parish, 7025 Halifax Avenue North, for an event to be held March 12, 2005. Motion passed unanimously. 8. APPEARANCE — REX NEWMAN, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION UPDATE Rex Newman, resident representative for the Northwest Suburbs Cable Communications Commission, addressed the City Council and provided an update on the function of Northwest Suburbs Cable Communications Commission. He said the Commission negotiates, adopts, and enforces franchises with cable television providers for its nine member cities. He explained that the Commission collects franchise and local programming fees from the franchise, which is currently Comcast. He discussed Northwest Community Television and explained that it provides the local and public access facilities and programming seen in the member cities. He said it is largely funded by the Northwest Suburbs Cable Communications Commission. He also noted that in 2004 a small refund was given back to its member cities. He said there continues to be discussion in the legislature, hearings at the Federal Communication Commission (FCC), and actions brought in various courts regarding franchising authority, provider regulation, and related taxes. There was discussion regarding Cable Channel 16, the City's local channel for bill boarding. Mr. Newman explained there is no policy regarding broadcasting on Channel 16, and currently the Brooklyn Center City Council meetings are replayed at least 2 or 3 times with no set schedule for additional replays or replays of City Council meetings of other cities. There was further discussion regarding viewership and subscribers. Mr. Newman indicated there are viewership summaries that he receives annually. Councilmember Niesen said that she would like to open up the discussion regarding viewing City Council meetings of other cities and reduce the scrolling on channel 16. Mr. McCauley said that the new cable character generator that is necessary for the cable scrolling is approximately $20,000 to $30,000, and currently the City uses antiquated equipment. Mr. Newman concluded his presentation inviting citizens to the open house to be held on March 21, 2005, to see the new equipment and also said he would provide Councilmember O'Connor with the viewership summaries. 9. PUBLIC HEARING ITEMS 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 71ST AVENUE NORTH AND BROOKLYN BOULEVARD) 02/14/05 -5- Mayor Kragness introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard). Mr. McCauley said that Osseo School District has not filed the final plat. It is recommended to re -open the Public Hearing, take public input, and continue the Public Hearing and table the Ordinance until March 14, 2005. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to continue the Public Hearing to March 14, 2005. Motion passed unanimously. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classifications of Certain Land (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard) to March 14, 2005. Motion passed unanimously. 9b. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LANG ADDITION, REPLAT OF BLOCK 2 LANG ADDITION AND CENTER BROOK ADDITION Mayor Kragness introduced An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition. Mr. McCauley said this item relates to the same issue as Item No. 9a in that Osseo School District has not filed the final plat. It is recommended to re -open the Public Hearing, take public input, and continue the Public Hearing and table the Ordinance to March 14, 2005. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. There was motion by Councilmember Lasman, seconded by Councilmember Carmody to continue the Public Hearing to March 14, 2005. Motion passed unanimously. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to table An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition- and Center Brook Addition to March 14, 2005. Motion passed unanimously. 02/14/05 -6- 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION RECOGNIZING ASHLEE KEPHART AS A DISTINGUISHED FINALIST IN THE 2005 PRUDENTIAL SPIRIT OF COMMUNITY AWARDS This item was moved from Item No. I Oi to Item No. 10a. Mayor Kragness read the resolution recognizing Ashlee Kephart as a Distinguished Finalist in the 2005 Prudential Spirit of Community Awards and presented her with a copy of the resolution and letter of commendation. RESOLUTION NO. 2005 -28 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING ASHLEE KEPHART AS A DISTINGUISHED FINALIST IN THE 2005 PRUDENTIAL SPIRIT OF COMMUNITY AWARDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10b. RESOLUTION APPROVING METRO TRANSIT AUTHORITY REQUEST FOR A VARIANCE FROM STATE FIRE CODE AND LOCATION OF FUEL TANK ENCLOSURE Mr. McCauley said that Metro Transit Authority is requesting a variance from the State Fire Code to allow two 24,000 gallon above ground fuel storage tanks as opposed to four 12,000 gallon above ground fuel storage tanks. He explained the Fire Chief had reviewed the plan and has recommended a dry deluge sprinkler system over the tank system and does not see any significant problems with the variance request. He said that Metro Transit is proposing to put some type of concrete enclosure around the fuel tanks which would match the exterior of the existing building. He said the maximum size for the fuel tanks is 24,000 gallons, depending on the manufacturer. Chris Bratsch, Senior Project Engineer, Metro Transit, and John Bryan, Metro Transit Facility Engineer, addressed the City Council. Mr. Bratsch said that based on the Council's request at its last meeting, new renderings had been drawn to enclose the fuel tanks with a concrete enclosure that would match the exterior concrete of the existing building. Councilmember O'Connor inquired if Metro Transit is able to fire sprinkler the area as recommended by the Fire Chief. Mr. Bratsch responded affirmatively. Fire Chief Ron Boman addressed the Council and said the State of Minnesota has turned over a variance request to the local level for approval. He said that 12,000 gallon fuel tanks are not required 02/14/05 -7- to have fire sprinkler systems, but he was recommending the dry deluge sprinkler system over the tank system to allow the fire department to hook up to a stand pipe to apply the foam. He further explained the deluge fire sprinkler system and how it works. Councilmember Carmody noted that the request for two 24,000 gallon fuel tanks is quite a reduction in size from the current fuel tank storage of 110,000 gallons and inquired if the old tanks are being removed. Mr. Bryan responded that they no longer need as many types of fuel, and the underground tanks would be removed. Councilmember Niesen inquired if the MPCA is involved. Mr. Bryan responded that the MPCA is involved when the tanks are removed to notify them to take the underground tanks off the list. RESOLUTION NO. 2005-29 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING METRO TRANSIT AUTHORITY REQUEST FOR A VARIANCE FROM STATE FIRE CODE AND LOCATION OF FUEL TANK ENCLOSURE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. loc. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE PEACEMAKER DIVERSION GRANT Mr. McCauley explained that the City would serve as a conduit for Peacemaker, as the City has to receive the grant funds to pass through to Peacemaker. RESOLUTION NO. 2005-30 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE PEACEMAKER DIVERSION GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10d. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2005-05, TWIN LAKE AVENUE RECONSTRUCTION AND AWARDING CONTRACT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL ENGINEERING SERVICES 02/14/05 -8- Mr. McCauley explained that this project was originally included in the 2002 Southwest Neighborhood Improvement Project. He said the area was removed from the project because the water table had increased due to a lot of rain. He said Short Elliot Hendrickson, Inc. would do the design work as it is a very technical, complicated project. Councilmember Niesen inquired about the estimated fee of $29,500. Director of Public Works / City Engineer Todd Blomstrom addressed the Council and explained that the fee includes the feasibility report, geotechnical design, and plan revisions. Mr. McCauley explained that the work not included in the scope may need to be done by other contracts. Councilmember Niesen inquired about the assessments, whether or not they would be higher due to the complicated project. Mr. McCauley responded that the people are assessed equally for the street reconstruction. There was discussion regarding the soil sampling and the potential existence of contaminants, and Mr. Blomstrom explained that nothing substantial was found in the sampling. He explained if there is contamination found, the City may need to look to Joslyn for remediation. Mr. McCauley explained that there would be neighborhood meetings along with mailings to the residents involved in the street improvement project once the project is approved. RESOLUTION NO. 2005 -31 Councilmember Lasman introduced the following esolution and moved its adoption: g P RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2005 -05, TWIN LAKE AVENUE RECONSTRUCTION AND AWARDING CONTRACT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL ENGINEERING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10e. RESOLUTION CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. McCauley explained that this Resolution would set March 14, 2005, for the Public Hearing on proposed special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent public utility service accounts. 02/14/05 -9- RESOLUTION NO. 2005 -32 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10f. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2004 -14, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley explained that this Resolution would call for a Public Hearing on March 14, 2005, for Improvement Project No. 2004 -14, Shingle Creek Parkway and Summit Drive street, storm drainage and utility improvements. Councilmember Carmody inquired about the 295 foot section of sanitary sewer found to have a reverse grade along Summit Drive. Mr. Blomstrom responded that segments of the road were built at different times and it's hard to tell what may have taken place but possibly it was due to settling. Councilmember Carmody inquired about the path around Palmer Lake. Mr. Blomstrom explained that the trail segments will be removed and the trail will not be usable for approximately one month. The trail will be widened as a multi use trail. Councilmember Carmody inquired if the trail would be posted with a notice regarding its closure. Mr. Blomstrom responded that traffic control signs would be placed at the entrances to the trails. RESOLUTION NO. 2005-33 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2004-14, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember O'Connor. Motion passed unanimously. 02/14/05 -10- log. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2004-14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley explained that this Resolution would set March 14, 2005 for a Public Hearing on proposed special assessments for Improvement Project No. 2004 -14. RESOLUTION NO. 2005-34 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2004 -14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10h. RESOLUTION IN SUPPORT OF SOLID WASTE MANAGEMENT COORDINATING BOARD'S LEGISLATIVE INITIATIVE TO CREATE A VIABLE SOLUTION FOR ELECTRONIC WASTE Mr. McCauley explained that in July 2005 electronic waste such as computer monitors and TV's will be prohibited in the mixed waste stream. He said this Resolution would support Hennepin County's legislative initiative to create a viable solution for electronic waste. There was discussion regarding the status and powers of the Solid Waste Management Coordinating Board (SWMCB), the responsibility of recycling electronic waste, and how electronic waste is currently recycled. Mr. McCauley said he doesn't have any specific information on this issue beyond what was supplied by Hennepin County and suggested tabling this item to receive more information from Hennepin County or Dan Ruiz, Recycling Coordinator for Hennepin Recycling Group. There was a motion by Councilmember Niesen, seconded by Councilmember O'Connor to table a Resolution in Support of Solid Waste Management Coordinating Board's Legislative Initiative to Create a Viable Solution for Electronic Waste to a future City Council meeting. Motion passed unanimously. 02/14/05 -11- 10i. SOCIAL SERVICE FUNDING Mr. McCauley explained that pursuant to City Council policy, Joint Powers Agreements that are accounted for in the Social Services portion of the budget are reviewed in February of even years. He said currently there are three Joint Powers Agreements, those being Project Peace, Northwest Hennepin Human Services Council, and Five Cities Transportation. He said the policy contemplates that we would proceed to plan for the next budget with continuation of the Joint Powers Agreements unless the City Council takes an affirmative step to review continued participation. He further stated that the reason to discuss the Joint Powers Agreements now is that they generally have a long lead time to withdraw from those agreements. Councilmember O'Connor inquired how much these organizations spend on administration. Mr. McCauley responded that the budget reports for these organizations could be provided to the City Council. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to table this item to a future meeting to receive more information and the budget reports. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the City Council meeting at 8:15 p.m. Motion passed unanimously. City lerk ,��"� Ma o tY 0 Y 02/14/05 -12- I