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HomeMy WebLinkAbout2002 04-22 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 22, 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 6:47 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Laura Beck. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council and requested clarification regarding Council Members views on the issue of routing a street across the Joslyn superfund site. Ms. Niesen had written Council Members an e-mail and requested responses. Wayde Lerbs, 5107 East Twin Lake Boulevard, addressed the Council indicating his concerns with the information that has been presented regarding the street project and Joslyn site. Brian Berger, 3937 51" Avenue North, addressed the Council and stated that he will continue to protest the street and its endangering of species. Ms. Niesen stated that she is mad along with others. She believes the Council has sold them out and asked the Council to withdraw their support for option number two. She discussed that she was confused by the agenda and asked the Mayor the proper time to address the issue. Mayor Kragness responded that the issue could be discussed at the Regular Meeting under the related agenda item and requested that all questions be addressed to the Chair during the meeting. ADJOURN INFORMAL OPEN FORUM There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 04/22/02 -1- 2. INVOCATION Mayor Kragness offered a moment of silence. 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 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Laura Beck. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Nelson reported attendance at the following events and information for the Council: • April 11, 2002, ARM Meeting • April 13, 2002, Brooklyn Center Prayer Breakfast. He stated that Joel Downer had done an excellent job organizing the event and that next year it will be held May 3, 2003 • April 28 through May 4, 2002, had been proclaimed concern in Churches • May 2, 2002, is National Day of Prayer • April 16, 2002, Earle Brown Days Meeting • April 18, 2002, Meeting at Cross of Glory Church and a Chamber of Commerce Meeting • April 19, 2002, Brooklyn Center Fire Appreciation Dinner • April 20, 2002, he participated in the Shingle Creek Clean -up. He discussed that 200 pounds of trash had been collected and a celebration was held in Crystal. He also helped plant trees and urged everyone to help plant a tree in honor of Earth Day. Councilmember Ricker reported that he attended a Housing Commission meeting on April 16, 2002, at which there was a good discussion of changes to the rental housing ordinance and a possible revision to the recreational vehicle parking restrictions. 04/22/02 -2- Councilmember Peppe reported that he attended the Park and Recreation Commission Meeting on April 15, 2002. Civic Center renovations and the proposed land swap with District 286 at Grandview Park were discussed, as well as discussion of the three possible types of skate parks that can be constructed. Councilmember Lasman reported that she had attended many of the same events as Councilmember Nelson. She noted the 12th Annual Police Awards Ceremony ould be held April 24 2002 and Y p > urged citizens to attend this event that honors hometown hero's. She also noted the Crime Prevention Golf Tournament will be May 17, 2002. Mayor Kragness noted that she had attended many of the already mentioned events and that the up coming 12 Annual Police Awards Ceremony event would take place at the West Fire Station with registration at 6:30 p.m. and the Ceremony at 7 p.m. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes of the April 8, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Corp. 13821 Industrial Park Boulevard, Plymouth Associated Mechanical 1257 Marshall Road, Shakopee General Sheet Metal Corp. 2330 Louisiana Avenue North, Minneapolis Heating & Cooling Two, Inc. 18550 County Roadd 81, Maple Grove Knight Heating & A/C 10413 61 st Street NE, Albertville LBP Mechanical 315 Royalston Avenue North, Minneapolis Louis DeGidio Inc 21033 Heron Way, Lakeville Marsh Heating & A/C 6248 Lakeland Avenue North, Brooklyn Park P & D Mechanical Contractors 4629 41 st Avenue North, Robbinsdale Pearson Mechanical Service 5630 Memorial Avenue North, Stillwater Pierce Refrigeration 1920 2nd Avenue South, Anoka St. Marie Sheet Metal Inc. 7940 Spring Lake Park Road, Spring Lake Park 04/22/02 -3- MOTOR VEHICLE DEALERSHIP Brookdale Dodge 6800 Brooklyn Boulevard Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard Iten Chevrolet 6701 Brooklyn Boulevard Luther Brookdale Chrysler Jeep 6121 Brooklyn Boulevard Luther Mazada 6700 Brooklyn Boulevard RENTAL Renewal: 1425 55th Avenue North HCM Investments 1807 70th Avenue North Rebecca Thomley 6025 Brooklyn Boulevard Dorothy Ostrom - Ringstrom 5301 Dupont Avenue North James & Melanie DeBellis 5351 Irving Avenue North HCM Investments 5547 Lyndale Avenue North David Theisen Unity Place Townhomes CHDC Limited Partnership TAXICAB Mohammed Barry 910 Lynde Drive NE, Fridley James Ledlum 6808 Candlewood Circle, Brooklyn Park 7c. RESOLUTION HOLDING THE STATE OF MINNESOTA HARMLESS FOR A VARIANCE FROM STATE STANDARDS, OF STATE AID OPERATIONS, 53' AVENUE NORTHIOLD OSSEO ROAD IMPROVEMENTS, STATE AID PROJECT NO. 109-114-01 RESOLUTION NO. 2002-52 Councilmember Lasman introduced the following resolution and moved its adoption: I RESOLUTION HOLDING THE STATE OF MINNESOTA HARMLESS FOR A VARIANCE FROM STATE STANDARDS, OF STATE AID OPERATIONS, 53 AVENUE NORTH /OLD OSSEO ROAD IMPROVEMENTS, STATE AID PROJECT NO. 109- 114 -01 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR THE TWIN LAKE MANAGEMENT PLAN RESOLUTION NO. 2002-53 Councilmember Lasman introduced the following resolution and moved its adoption: 04/22/02 -4- RESOLUTION AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR THE TWIN LAKE MANAGEMENT PLAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. PROCLAMATION DECLARING MAY 13 THROUGH 20, 2002, AS D.A.R.E. AWARENESS DAYS Mayor Kra ness read the proclamation. Y g p A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt Proclamation Declaring May 13 through 20, 2002, as D.A.R.E. Awareness Days. Motion passed unanimously. 8b. RESOLUTION OF APPRECIATION FOR VOLUNTEER SERVICE TO NORTH HENNEPING MEDIATION PROGRAM INCORPORATED RESOLUTION NO. 2002-54 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR VOLUNTEER SERVICE TO NORTH HENNEPING MEDIATION PROGRAM INCORPORATED The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8c. RESOLUTION PRESCRIBING VOTING PRECINCTS AND DESIGNATING POLLING LOCATIONS FOR THE CITY OF BROOKLYN CENTER City Manager Michael McCauley outlined the changes in the precincts due to the closing of Orchard Lane and Willow Lane Schools and the recent re- districting of the State. RESOLUTION NO. 2002-55 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION PRESCRIBING VOTING PRECINCTS AND DESIGNATING POLLING LOCATIONS FOR THE CITY OF BROOKLYN CENTER 04/22/02 -5- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8d. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Kragness requested ratification of Mary Barrus, 5441 Camden Avenue North, to the Housing Commission. A motion by Councilmember Lasman, seconded by Councilmember Nelson to ratify Mary Barrus, 5441 Camden Avenue North, with term expiring December 31, 2002. Motion passed unanimously. 8e. FRANCE AVENUE CONNECTION PROJECT 1. FINALIZATION OF QUICK TAKE OF EASEMENTS 2. RESOLUTION AUTHORIZING EXECUTION OF A CONSTRUCTION COOPERATION AGREEMENT WITH THE METROPOLITAN COUNCIL, IMPROVEMENT PROJECT NO. 2002- 04, FRANCE AVENUE RELOCATION 3. RESOLUTION AUTHORIZING EXECUTION OF A PROJECT COOPERATION AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, IMPROVEMENT PROJECT NO. 2002-04, FRANCE AVENUE RELOCATION Mr. McCauley reviewed the permits that had been approved by the Minnesota Pollution Control Agency MPCA for the project. He also review with the Council the approval from Watershed g y( ) reviewed pp Management Organization of the wetland mitigation, but noted that an appeal had been filed to the Board of Water and Soils Management. Tom O'Keefe from Minnesota Department of Transportation (Mn/DOT) updated the Council on the anticipated date for letting the contract for Stage 4 of the Highway 100 Project: October 25, 2002. Mn/DOT anticipates being at the 100 percent plan stage for Stage 4 in June of this year. The Canadian Pacific Railroad Bridge is under construction and ahead of schedule. Councilmember Nelson expressed concerns about the proposed connection across the Joslyn site. He reviewed the history of his opposition to the alternate chosen based on his view that there were better alternatives and funding for those alternatives had not been fully explored. Diane Niesen, 5107 East Twin Lake Boulevard, reviewed the history of the discussions and her opposition to the selected alternative. She inquired regarding the de- watering for the railroad bridge construction and raised concerns about the status of reports by Barr Engineering on de- watering issues. 04/22/02 -6- I Mr. O'Keefe discussed that Mn/DOT tries to avoid de- watering as part of the ongoing operation of a roadway. De- watering was one factor in Mn/DOT's decision making about Stage 4, as was the clearance on the bridge where more than one truck has hit the bridge that is lower than required standards. The need for a wider bridge also affected design issues and alternatives. Nancy Dillion, 5444 East Twin Lake Boulevard, thanked Councilmember Nelson for his position on the project. She did not feel that quality of life issues were addressed and believes that the quality of life in the area would deteriorate due to driving through an industrial area to get to the neighborhood. Paul Oman, 5239 East Twin Lake Boulevard, expressed his opinion that the railroad crossing was hazardous and challenged the accuracy of the data presented. He also believed that the Murphy Warehouse might become a total taking. Councilmember Ricker responded to Mr. Oman's concerns regarding accuracy, noting that several agencies had looked into and approved the project. Tom Mathisen, Chair of the Shingle Creek Watershed Management Organization, described how the project had followed sequencing requirements and that the mitigation plan met requirements. Councilmember Nelson asked Mr. Mathisen about his regular job. Mr. Mathisen responded that he was the City Engineer for the City of Crystal. Roni Brunner, 4701 Twin Lake Avenue, took issue with some of Mr. Mathisen's comments about the neighborhood's concern for the wetland. Ms. Brunner indicated that the neighbors cared about the lake and the wetland. Mr. Mathisen responded to Ms. Brunner's comments. Wayde Lerbs, 5107 East Twin Lake Boulevard, spoke about the importance of the lake and its use for many recreational purposes and the integral part the wetlands play in the lake. Ms. Niesen thanked Councilmember Nelson and reviewed the past two years of discussion and the process by which cost estimates were developed. She expressed the opinion that the cost data was wrong and also indicated that she believed a number of new items of concern had arisen since the decision in November of 2000, including dioxins and the changes to the original layout for the railroad crossing. She wanted Mn/DOT to comment on the railroad crossing and standards for that crossing. Mr. O'Keefe advised that the plan for the Azelia extension will be approved by the State and that he was aware of no problems with the current design plan. Ms. Niesen discussed the dioxin issues, Minnesota Department of Health warning regarding the western portion of the Joslyn site, wetland mitigation issues, removal of trees, risks to the project if the appeal to the Board of Soil and Water Resources succeeded, risks to Murphy Warehouse, and her desire to hear from each Council Member regarding the information she had supplied. 04/22/02 -7- Councilmember Peppe spoke of how it had been a long and arduous process over the last two years in reviewing and selecting an alternative for the project. Councilmember Peppe believes that the Council had done its due diligence and had worked with citizen groups. Councilmember Peppe noted that other agencies have studied the environmental issues. Councilmember Peppe has taken this matter very seriously and believes that the alternative selected will serve people in the future. There is a superfund site located in the City of Brooklyn Center and we have to deal with it. In i making decisions, costs to the whole of the City must be taken into and there are constraints on what the Council can afford to do. The Council has made certain that if there are unforeseen costs in the construction of the project that Mn/DOT is responsible for those costs. Councilmember Peppe's decision is based on the many years of discussion and the man sources of information, including g information from citizens. Man of the questions have been answered to his satisfaction though not Y q � g to satisfaction of everyone. Councilmember Lasman indicated that she agreed with Councilmember Peppe and that she supported the project. She appreciates the work of everyone who had looked into this project and she has read everything from the citizens group. Some of the factors causing her to support the project include the State removal of the eastern portion of the site from superfund designation and the proposed removal from Federal superfund designation, the MPCA approval of the Response Action Plan, and the No Association Letter for the roadway. While the wetland issues are under appeal, the project can continue during that appeal and Mn/DOT is responsible for any costs should that appeal require changes in the plan. The economic impact of taxes from the redevelopment of the de- listed portion of the Joslyn site and jobs are important to the City and especially to the Robbinsdale School District. While the solution is not perfect, Councilmember Lasman believes that it is a reasonable solution to move forward for the long awaited Highway 100 project. Mayor Kragness stated that she supported the project and appreciates the work by the citizens and the information they had gathered and supplied to the Council. She feels that the experts from the agencies that had been involved in reviewing the project have answered the questions brought forward in this process. She believes that it is a safe project, there will always continue to be questions since nothing is ever 100 percent certain. She fully supports the project and appreciates also the many staff hours that had gone into this endeavor. Councilmember Ricker stated that though he had not been here for the original decision, after reviewing all the information and data supporting the decisions he was in favor of the project. While there are valid concerns raised, the City has been advised by professionals in State agencies and the City must proceed based on trust in those professional opinions. The other alternatives being put forward were undesirable since he was not in favor of condemning viable businesses. Councilmember Nelson restated his belief that there are alternatives that are better. While the project is feasible, he questioned if economic development would not happen without the roadway configuration. 04/22/02 -8- RESOLUTION NO. 2002-56 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A CONSTRUCTION COOPERATION AGREEMENT WITH THE METROPOLITAN COUNCIL, IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RELOCATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Councilmember Nelson voted against the same. Motion passed. RESOLUTION NO. 2002 -57 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A PROJECT COOPERATION AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, IMPROVEMENT PROJECT NO. 2002 -04, FRANCE AVENUE RELOCATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Councilmember Nelson voted against the same. Motion passed. 8f. STAFF REPORT RE: FORESTRY ACTIVITIES - RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TENTH CONSECUTIVE YEAR - PROCLAMATION DECLARING APRIL 26, 2002, ARBOR DAY AND MAY 2002 ARBOR MONTH IN BROOKLYN CENTER RESOLUTION NO. 2002-58 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE TENTH CONSECUTIVE YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt Proclamation Declaring April 26, 2002, Arbor Day and May 2002 Arbor Month in Brooklyn Center. Motion passed unanimously. 04/22/02 -9- 9. ADJOURNMENT There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to adj ourn the City Council meeting at 8:24 p.m. Motion passed unanimously. City Clerk Mayor 0 04/22/02 -10-