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HomeMy WebLinkAbout2002 04-08 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 APRIL 8, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:52 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were Assistant City Manager Jane Chambers and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM The Council adjourned the Informal Open Forum at 6:58 p.m. 2. INVOCATION Mayor Kragness 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, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, and Deputy City Clerk Maria Rosenbaum. City Manager Michael McCauley, Community Development Director Brad Hoffinan, and City Attorney Charlie LeFevere arrived approximately at 7:10 p.m. 04/08/02 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Nelson reported that the Earle Brown Days Board of Directors continues to plan for the Earle Brown Days events to be held June 27 through 30, 2002. He reminded the Council that the 24`" Annual Community Prayer Breakfast will be on Saturday, April 13, 2002, at 8:00 a.m. Councilmember Lasman informed the Council that District 279 will be hosting a Youth Celebration on May 5, 2002, at the Maple Grove Senior High School. This celebration is open to the public with a reception at 5:45 p.m., and an awards ceremony at 7:00 p.m. Dinner is available for a cost of $25. Mayor Kragness invited the Council and audience to the 12' Annual Police Awards Ceremony that will be held on April 24, 2002, at the West Fire Station. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of the March 25, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL Advanced Energy Services 3650 Annapolis Lane, Plymouth Dave's Appliance Htg & A/C 1601 37th Avenue NE, Columbia Heights Enviroworld USA 3801 W 98th Street, Bloomington Harris Companies 909 Montreal Circle, St. Paul Royalton Heating & A/C 4120 85th Avenue N Brooklyn Park Y g � Y Southtown Refrigeration 5610 West 36th Street, St. Louis Park Thermex Corporation 3529 Raleigh Avenue S, St. Louis Park TNC Industrial 1848 Berkshire Lane, Plymouth 04/08/02 -2- RENTAL Renewal: 5207 Xerxes Avenue N Dennis Bona Brookdale Towers Hillaway Investments, LLC Victoria Townhomes The Gaughan Companies SIGNHANGER Arrow Sign Company 13735 Aberdeen Street NE, Ham Lake Universal Sign Company 1033 Thomas Avenue, St. Paul 7c. RESOLUTION APPROVING SURETY REDUCTION FOR SUNLITE PROPERTIES RESOLUTION NO. 2002-46 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING SURETY REDUCTION FOR SUNLITE PROPERTIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001 -09, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS RESOLUTION NO. 2002-47 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001-09, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION APPROVING FINAL PLAT FOR SUPER AMERICA 5Tx ADDITION RESOLUTION NO. 2002-48 Councilmember Nelson introduced the following resolution and moved its adoption: 04/08/02 -3- RESOLUTION APPROVING FINAL PLAT FOR SUPER AMERICA 5TH ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. APPEARANCE 8a. BROOKLYN CENTER STUDENTS — ART CONTEST WINNERS Valerie Jones from the Northwest Regional Human Rights Coalition addressed the Council and introduced two of the winners from the Northwest Regional Human Rights Coalition Third Annual Art Contest. Sarah Svegal and Bethany Huhta, sixth graders from St. Alphonsus School, shared heir winning art and the Council commended them for their participation in the Third Annual Art Contest. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH) Assistant City Manager Jane Chambers informed the Council that the plat had been filed for the zoning classification of certain land (southwest corner of 57' and Logan Avenue North) and that the public hearing could take place this evening. A motion by Councilmember Nelson, seconded by Councilmember Lasman to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002-04 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 04/08/02 -4- 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2002-004 SUBMITTED BY L & D MAINTENANCE COMPANY. REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A CAR WASH AND STORAGE/EQUIPMENT ROOM ADDITION TO THE GASOLINE STATION /CONVENIENCE STORE AT 1505 69TH AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 28, 2002, MEETING. Planning and Zoning Specialist Ron Warren briefly outlined Planning Commission Application No. 2002 -004 submitted by L & D Maintenance Company requesting for a special use permit and site and building plan approval to construct a car wash and storage /equipment room addition to the gasoline station/convenience store at 1505 69"' Avenue North. City Manager Michael McCauley, Community Development Director Brad Hoffman, and City Attorney Charlie LeFevere arrived approximately at 7:10 p.m. Mr. Warren informed the Council that the Planning Commission recommended approval of this application at its March 28, 2002, meeting subject to the following conditions: 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. Any grading, drainage, or utility plans are subject to final review and approval by the City Engineer prior to issuance of permits. 3. All outside trash disposal facilities, rooftop, and on ground mechanical equipment shall be appropriately screened from view. 4. A performance agreement and supporting financial guarantee in the amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all required site improvements. 5. The plans shall be modified prior to the issuance of building permits to include the addition of shrubs in the Humboldt and 69` Avenue green strip in accordance with the landscape point system, the location and materials for a dumpster enclosure, and a parking protector /delineator between the car wash exit drive and the parking area on the west side of the site. 04/08/02 -5- 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. This site and the property at 6501 Humboldt Avenue North operated by the same applicant shall be in compliance with the City's Sign Ordinance prior to the issuance of building permits for this project. 7. The area between the front of the building and the canopy area shall not be used for parking purposes and shall be posted as "no parking, fire lane ". 8. The amended special use permit is granted for the car wash expansion as contained in the plans submitted. Any other expansion of alteration of this use shall require additional amendments to the special use permit granted. 9. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof shall be grounds for revocation. Councilmember Nelson questioned what happens to the used water from the car wash. Mr. Warren discussed that the water drains to the sanitary sewer system and that there is a sewer charge that is required before the building permit is approved. q g p Pp i A motion by Councilmember Nelson, seconded by Councilmember Lasman to approval Planning Commission Application No. 2002 -004 subject to the above listed conditions. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. PROCLAMATION DECLARING APRIL 7 THROUGH 13, 2002, TO BE COMMUNITY DEVELOPMENT WEEK Mayor Kragness read the proclamation. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt Proclamation Declaring April 7 Through 13, 2002, To Be Community Development Week. Motion passed unanimously. 11b. PROCLAMATION DECLARING APRIL 13, 2002, TO BE A DAY OF SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER Mayor Kragness read the proclamation. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring April 13, 2002, To Be a Day of Spiritual Rededication and Prayer in Brooklyn Center. Motion passed unanimously. 04/08/02 -6- 11C. PROCLAMATION DECLARING APRIL 14 THROUGH 20, 2002, NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK Mayor Kragness read the proclamation. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt Proclamation Declaring April 14 Through 20, 2002, National Public Safety Telecommunications Week. Motion passed unanimously. l ld. AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CITY CHARTER City Manager Michael McCauley discussed that this ordinance amending Chapter 7 of the Brooklyn Center City Charter would amend Section 7.04 by changing the name of the Board of Equalization to Board of Appeal and Equalization which had been recommended by the Charter Commission. A motion by Councilmember Lasman, seconded by Councilmember Ricker to approve first reading of ordinance amendment and set second reading and public hearing for May 13, 2002. Motion passed unanimously. Ile. RESOLUTION ADOPTING REVISED PERSONNEL RULES AND REGULATIONS FOR PART -TIME EMPLOYEES AND ACCEPTING REVISED RULES AND REGULATIONS ADOPTED BY BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT Mr. McCauley discussed that this resolution would adopt revised personnel rules and regulations for part-time employees and accepts the revised rules and regulations adopted by the Brooklyn Center Volunteer Fire Department. The members of the Volunteer Fire Department have been determined by the League of Minnesota Cities Insurance Trust to be acting as regular part-time employees of the City of Brooklyn Center in their capacity as firefighters. RESOLUTION NO. 2002-49 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING REVISED PERSONNEL RULES AND REGULATIONS FOR PART -TIME EMPLOYEES AND ACCEPTING REVISED RULES AND REGULATIONS ADOPTED BY BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Nelson. Motion passed unanimously. 04/08/02 -7- 11f. RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA APPROVING SUPPLEMENT NUMBER ONE TO INDENTURE OF TRUST AND AUTHORIZING ITS EXECUTION AND DELIVERY AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS WITH RESPECT TO ITS MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT) SERIES 1999, ISSUED IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 Mr. McCauley discussed that the Council authorized a loan agreement in 1999 to finance the acquisition and rehabilitation of the Shingle Creek Tower Project. The sale was never completed and under the current bond terms of the loan agreement, the bonds need to be closed by May 1, 2002. This resolution would extend the time frame to close on the loan agreement from May 1, 2002, to May 1, 2003. Mr. McCauley informed the Council that under the terms of this new loan agreement, the company would agree that it will obtain a criminal background and credit check for all prospective tenants of the project from and after its acquisition of the project, agrees to maintain video monitoring of all project entryways, commencing within a reasonable period of time after its acquisition of the project, and agrees to comply with all State and Local laws and regulations applicable to the project. Councilmember Ricker requested clarification on the bonds and questioned if the bonds could be transferred. John Peterson, Attorney from Winthrop and Weinstine and counsel to Boca Limited Partnership, addressed the Council to discuss the nature of how the bonds are issued and the program used. He informed the Council that the bonds could be transferred only with the consent of the issuer and other parties. RESOLUTION NO. 2002 -50 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF BROOKLYN CENTER, MINNESOTA APPROVING SUPPLEMENT NUMBER ONE TO INDENTURE OF TRUST AND AUTHORIZING ITS EXECUTION AND DELIVERY AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS WITH RESPECT TO ITS MULTIFAMILY HOUSING REVENUE BONDS (SHINGLE CREEK TOWER PROJECT) SERIES 1999, ISSUED IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $7,200,000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion assed unanimously. p 04/08/02 -8- 11g. RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT COOPERATION AGREEMENT FOR THE RIVERBANK PROTECTION PROJECT Mr. McCauley discussed that this authorization to execute a Project Cooperation Agreement for the Riverbank Protection Project was anticipated to occur in 2003; however, the Corps of Engineers is ready to proceed. The U.S. Army Corps of Engineers had completed a study and environment assessment for protecting the City's sanitary sewer located adjacent to the Mississippi River and the Commander of the Mississippi Valley Division approved the study. The Corps of Engineers is now requesting that the City execute a Project Cooperation Agreement. Project costs would be shared between the Corps of Engineers, 65 percent, and the City, 35 percent. Councilmember Nelson questioned if the funding would be allocated from the 2002 or 2003 funds. Mr. McCauley informed the Council that the project would be allocated from the 2002 sanitary sewer fund and that there are adequate funds to complete the project. I RESOLUTION NO. 2002-51 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A PROJECT COOPERATION AGREEMENT FOR THE RIVERBANK PROTECTION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. AMENDMENT TO THE AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to amend the agenda to add Study Session Agenda Item 2, Chief Scott Bechthold, to the agenda. Motion passed unanimously. Police Chief Scott Bechthold addressed the Council to discuss his first two months as Police Chief. He stated that he had been listening, observing, and assessing the Police Department and that he has had the opportunity to discuss with approximately 98 percent of the Police Department staff. During those discussions he asked the following things, what is the department doing right, what can be done to improve, and what can be done to practice. He will collate and use the information gathered during those discussions to start setting and prioritizing goals with the City Manager. Mr. Bechthold shared that the Police Department is currently working on a Park Watch Program that will take place on April 20, 2002, a Business Watch Program, hosting a senior citizen camp in the future, and that the code enforcement sweep and a traffic safety (seat belt program) will be starting sometime in May. 04/08/02 -9- Mayor Kragness questioned if the dispatchers experience problems with the PDX System. Diane Willgohs, Public Safety Communications Supervisor, addressed the Council to share that they do have problems with not getting the correct address when a PDX System is used. Mayor Kragness suggested that an article be provided in the next City Watch to discuss that it is important that people give exact locations when calling in an emergency. Councilmember Peppe wished to applaud Mr. Bechthold and the Police Department for the increased visibility of policing throughout the City. 12. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 7:52 p.m. Motion passed unanimously. City Clerk Mayor ` 04/08/02 -10-