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HomeMy WebLinkAbout2002 06-24 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 JUNE 24, 2002 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 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 Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM The Council adjourned the Informal Open Forum at 6:59 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 City Manager Michael McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 06/24/02 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Mayor Kragness announced that City Manager Michael McCauley had become the League of Minnesota Cities President, and reported that she attended the League of Minnesota Cities Conference. Councilmember Lasman reported that she attended the Riverwood Neighborhood Picnic on June 11, 2002, the Honor Guard Ceremony at Twin Lake Apartments on June 13, 2002, and the League of Minnesota Cities Conference on June 18 through 21, 2002. Councilmember Nelson reported that the Earle Brown Days Committee continues to prepare for the events to take place June 27 through 30, 2002. He provided information regarding the events taking place and encouraged all to attend. Mayor Kragness reminded the audience that the summer Entertainment in the Park on Tuesdays has started and encouraged people to attend a concert. She informed that the Hmong American Center would be hosting their second annual event on July 2 and 3, 2002. 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 June 10, 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. GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Darling International, Inc. 9000382 nd Avenue, Blue Earth Mengelkoch Company 119 NW 14 Street, New Brighton Walz Brothers Sanitation P.O. Box 627, Maple Grove Waste Management 10050 Naples Street NE, Blaine 06/24/02 -2- RENTAL Renewal: 540163 d Avenue North John Schwarz Initial: 6406 Indiana Avenue North William Coleman 7c. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASES: -CSM CORPORATION — 3200 NORTHWAY DRIVE - BROOKPARK DENTAL CENTER — 6437 BROOKLYN BOULEVARD - STONER & ASSOCIATES — 5001 DREW AVENUE NORTH A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve site performance guarantee releases for CSM Corporation, Brookpark Dental Center, and Stoner & Associates. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002 -82 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. AN ORDINANCE VACATING CERTAIN STORM SEWER EASEMENT WITHIN LOT 7, BLOCK 1, BOBENDRIER'S 4 TH ADDITION A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing for July 22, 2002. Motion passed unanimously. 8. PRESENTATION - RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2001 Cliff Hoffman, Deliotte & Touch LLP presented a summary of the City's Financial year for 2001 and informed the audience that the City is in the best financial position. He expressed thanks to the staff and Council and congratulated them on a good year. 06/24/02 -3- RESOLUTION NO. 2002-83 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. PUBLIC HEARING 9a. RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN — SHINGLE CREEK TOWER PROJECT), SERIES 2002; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS; AUTHORIZING THE USE OF AN OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS 1. RESOLUTION AUTHORIZING THE REPROGRAMMING OF FUNDS FROM THE CITY OF BROOKLYN CENTER'S 2001 AND 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS 2. RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND BOCA LIMITED PARTNERSHIP City Manager Michael McCauley discussed that this item for proposed issuance of housing revenue bonds for the acquisition and rehabilitation of the Shingle Creek Towers Apartments would request adoption of a resolution authorizing the issue of the multifamily housing revenue bonds; prescribe the form of and authorize the execution of related documents; authorize the use of an official statement; provide for the security, rights, and remedies of the holders of said revenues bonds, along will amending the Community Development Block Grant (CDBG) appropriation for the project to include expenditure for either acquisition or rehabilitation which currently CDBG monies can be used for only acquisition. Adoption of all three items would constitute final approval of the project and it's financing which include tax - exempt housing revenue bonds and tax credits. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 06/24/02 4- i No one wished to address the Council. i A motion by Councilmember Lasman, seconded by Councilmember Ricker to close the Public Hearing. Motion passed unanimously. Councilmember Peppe believes that everything has been done for this type of funding on a project like this. RESOLUTION NO. 2002 -84 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOAN — SHINGLE CREEK TOWER PROJECT), SERIES 2002; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS; AUTHORIZING THE USE OF AN OFFICIAL STATEMENT; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Mr. McCauley informed the Council that the following two resolutions would memorialize and further execute the CDBG funding for this project. RESOLUTION NO. 2002-85 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE REPROGRAMMING OF FUNDS FROM THE CITY OF BROOKLYN CENTER'S 2001 AND 2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEARS The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Peppe. Motion passed unanimously. RESOLUTION NO. 2002-86 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BY AND BETWEEN THE CITY OF BROOKLYN CENTER, MINNESOTA AND BOCA LIMITED PARTNERSHIP 06/24/02 -5- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. Jim Winkles, representative from Amcon, addressed the Council to update the Council on the status of the project and to inform that the closing date is scheduled for July 29, 2002, with the construction starting on August 2 or 3, 2002. 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2002-008 SUBMITTED BY SCHUSS CLARK ARCHITECTURAL CORPORATION. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO REDEVELOP THE OLD BAKER'S SQUARE RESTAURANT SITE AT 5601 XERXES AVENUE NORTH INTO A 4,040 SQ. FT. INTERNATIONAL HOUSE OF PANCAKES (IHOP) RESTAURANT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 13, 2002, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2002 -008 submitted by Schuss Clark Architectural Corporation requesting for site and building plan approval to redevelop the old Baker's Square Restaurant at 5601 Xerxes Avenue into a 4,040 square foot International House of Pancakes (IHOP) Restaurant, 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. Grading, draining, utility and erosion control 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 assure 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 06/24/02 -6- L 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 utility 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 City Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. Steve Scott, representative from IHOP, addressed the Council to discuss IHOP's background and informed the Council that at this time there is no tentative date for starting the construction since they are awaiting some other approvals for the project. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2002 -008 subject to the above listed conditions recommended by the Planning Commission. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT Mr. McCauley discussed that Local Government Information Systems ( LOGIS) had requested that a resolution authorizing the execution and delivery of a second amendment to the Joint and Cooperative Agreement be approved. Since 1988, LOGIS had been administering a group health and medical insurance plan for those members who have chosen to participate. Their legal counsel had advised that the agreement should be modified to clarify LOGIS` authority to conduct and administer the plan. Councilmember Nelson indicated that he has a concern with LOGIS providing health and medical insurance. Mr. McCauley informed the Council that LOGIS does not provide the insurance; they gather information and collectively purchase from different providers. 06/24/02 -7- RESOLUTION NO. 2002 -87 Councilmember Ricker introduced the following resolution and moved its adoption: RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. llb. RESOLUTION FINALIZING IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PUBLIC SAFETY FACILITY, 67TH AND HUMBOLDT AVENUES NORTH; IMPROVEMENT PROJECT NO. 1998-10, DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION, 63RD AND BROOKLYN BOULEVARD; AND IMPROVEMENT PROJECT NO. 1998 -11, EAST FIRE STATION REMODELING Mr. McCauley discussed that this resolution would finalize the improvements to the Public Safety Facility, the demolition of old and construction of new West Fire Station, and the remodeling of the East Fire Station and authorizes the transfer any remaining funds to the 1997A General Obligation Building Bonds Debt Service Fund. RESOLUTION NO. 2002-88 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION FINALIZING IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF PUBLIC SAFETY FACILITY, 67TH AND HUMBOLDT AVENUES NORTH; IMPROVEMENT PROJECT NO. 1998 -10, DEMOLITION OF OLD AND CONSTRUCTION OF NEW WEST FIRE STATION, 63RD AND BROOKLYN BOULEVARD; AND IMPROVEMENT PROJECT NO. 1998 -11, EAST FIRE STATION REMODELING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. Ile. SALE AND USE OF FIREWORKS -AN EMERGENCY ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS 06/24/02 -8- -AN ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS Mr. McCauley discussed that the City Attorney prepared an emergency ordinance, along with an ordinance amendment, to Chapter 19 that would amend Section 19 -403 of the City Ordinances regarding the sale and use of fireworks in the City of Brooklyn Center. The emergency ordinance shall become effective immediately upon its passage and automatically stand repealed as of the sixty - first (61 St ) day following the date on which it was adopted. The ordinance amendment public hearing will be July 22, 2002, if the first reading is passed. Councilmember Nelson thanked City Attorney Charlie LeFevere for the prompt work on this issue. Councilmember Lasman questioned if the emergency ordinance was any different than the ordinance amendment. Mr. McCauley informed the Council that the ordinance amendment is the same as the emergency ordinance. ORDINANCE NO. 2002-06 Councilmember Peppe introduced the following ordinance and moved its adoption: AN EMERGENCY ORDINANCE AMENDING SECTION 19 -403 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING THE SALE AND USE OF FIREWORKS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for July 22, 2002. Motion passed unanimously. 12. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Ricker to adjourn the City Council meeting at 7:37 p.m. Motion passed unanimously. City Clerk Mayor 06/24/02 -9- i