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HomeMy WebLinkAbout2002 09-23 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 SEPTEMBER 23, 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 6:40 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, Consulting Engineer Scott Brink, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Marcella Spears, 1142 York Avenue North, addressed the Council to express her concerns with the Xerxes Avenue beautification project and inform the Council that she would be in favor of concrete if the project, once complete, were not going to be maintained. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Ricker to adj ourn informal open forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was offered. 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. 09/23/02 -1- 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, Consulting Engineer Scott Brink, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Peppe reported that he attended the Park and Recreation Commission meeting on September 17, 2002, and that the Park and Recreation Commission is discussing Central Park, a skate park, the land exchange with School District No. 286, and the idea of having a park highlighted in the City Watch Newsletter. Councilmember Nelson reported that he attended the Association of Metropolitan Municipalities meeting on September 11, 2002, and that the metropolitan cities are concerned with gas taxes. Mayor Kragness reported that on September 4, 2002, she attended the first annual Neighborhood Hook Up event that involved the painting of a 106- year -old home on Humboldt Avenue in Brooklyn Center; on September 17, 2002, she attended the first Pan African Business meeting; and on September 18, 2002, she attended the grand opening of the Read RX Program. Mayor Kragness discussed that the Curb Side Pick Up Event on September 14, 2002, went well and that the City of Brooklyn Center had approximately 460 tons of trash, 79.84 tons of scrap metal, and 1,500 appliances picked up. Mayor Kragness announced that the level three sex offender who was to be moving into Brooklyn Center was back in jail and that he would not longer be moving to Brooklyn Center at this time. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes of September 9, 2002, study and regular sessions, and the September 11, 2002, special session. Motion passed unanimously. 09/23/02 -2- 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL White Bear Mechanical 2379 Leibel Street, White Bear Lake RENTAL Renewal: 5337 70'' Circle Gary Bistodeau 5400 Sailor Lane Duane Christiansen Initial: 5618 Hillsview Road Nita Morlock 3319 Mumford Road William Coleman 5655 Northport Drive Cindy and Raymond Scherbing SIGNHANGER Crosstown Sign 16307 Aberdeen Street NE, Ham Lake 7c. RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS B INTOXICATING LIQUOR LICENSE TO IN GOOD TASTE COMPANY DBA/BROOKLYN INN BEST WESTERN RESOLUTION NO. 2002-128 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS B INTOXICATING LIQUOR LICENSE TO IN GOOD TASTE COMPANY DBABROOKLYN INN BEST WESTERN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. APPROVAL OF APPLICATION FOR TEMPORARY BEER LICENSE FROM THE ARTHRITIS FOUNDATION FOR AN EVENT ON SEPTEMBER 27, 2002, AT THUNDER ALLEY A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve application for temporary beer license from the Arthritis Foundation for an event on September 27, 2002, at Thunder Alley. Motion passed unanimously. 09/23/02 -3- 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002-129 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 Peppe. Motion passed unanimously. 7f. RESOLUTION APPROVING CHANGE ORDER NO. 3, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002 -130 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.3, IMPROVEMENT PROJECT NOS. 2002- 05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. AN ORDINANCE VACATING A PORTION OF A STORM SEWER EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIER'S 4 TH ADDITION A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on October 28, 2002. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60 AVENUE NORTH City Manager Michael McCauley discussed that there is still no agreement for an exchange of land with the School District and suggested that the Council re -open and continue the public hearing to the October 14, 2002, meeting. 09/23/02 -4- A motion by Councilmember Lasman, seconded by Councilmember Nelson to re -open the Public Hearing. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to continue the Public Hearing to October 14, 2002. Motion passed unanimously. 8b. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 - B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 - B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION DEFERRING SPECIAL ASSESSMENTS FOR CITY PROJECTS 2002 -05 AND 2002 -06 AGAINST CERTAIN UNIMPROVED PROPERTY Mr. McCauley discussed that the Council adopted the assessment rolls for the Garden City South Neighborhood project at the September 9, 2002, meeting; however, staff had been directed not to certify the assessments to Hennepin County. This matter is being brought back to the Council for further discussion and status of the project, additional public input if so desired by the Council, and for a motion on the certification of the resolutions certifying the assessment rolls. Mr. McCauley presented a PowerPoint presentation on the general policies and practices before having Consulting Engineer Scott Brink provide an overview of the project. Mr. Brink outlined the construction and timeline provided from the beginning of the overall project and informed the Council that as of September 23, 2002, the contractor was finishing up west of Xerxes Avenue with bituminous paving as early as September 24, 2002; and getting ready for sod east of Xerxes. Mr. Brink informed the Council that optimistically the sod would be installed by mid - October, if the contractor has no delays; however, with the previous sod problems, staff would like to make sure that the issue is dealt with correctly. Mayor Kragness welcomed the public to address the Council for public input on the project. Marta Schlavin, 5907 Upton Avenue North, addressed the Council expressing that she believes the viable solution to this matter is to extend the assessment period to mid - October or mid - November. 09/23/02 -5- Jack Steller, 5835 Zenith Avenue North, addressed the Council to ask if the streetlights would be replaced in his neighborhood. Mr. Brink informed the Council that the streetlights are part of the contract with Xcel Energy and that the streetlights will be replaced. Ernie Olson, 3200 61 Avenue North, addressed the Council to thank Mr. Brink for his overview of the project and answering his questions; and to express that he believes his assessment should be forgiven since there is no storm water replacement on his street. Chuck Koelblinger, 5931 York Avenue, addressed the Council to express that he does not believe the contractor is doing a good job with the grading and paving and that he is concerned about the thickness of the paving. He informed the Council that the work done on the cement aprons already have large cracks and that his yard has a mix of blacktop in his yard that he hopes will soon be removed. Mr. Koelblinger asked for a status on the project. Mr. Brink informed the Council that the contractor had asked for an extended completion date due to the extra work that was done at the request of the City, weather, and to deal with scheduling problems. At this time the proposed completion date is mid - October. City Attorney Charlie LeFevere discussed the interest free period for special assessments begins to run from the adoption of the assessment; therefore, the first day of the 30 days would be the day following the adoption of the assessment roll. On September 9, 2002, the Council adopted the resolution to certify the assessments with a motion directing staff not to certify the assessments on that date. Paul Johnson, 5843 Upton Avenue North, addressed the Council to inquire if the resolution regarding the approval of assessments adopted on September 9, 2002, would be amended. Mr. McCauley discussed that the resolutions approved could not be rescinded and asked Mr. LeFevere to comment. Mr. LeFevere informed the Council that if they wished to make a motion that the resolution be amended to not commence until a specific date without interest for 30 days from September 23, 2002, they could amend the date on the resolution already approved from October 1, 2002, to October 23, 2002. Geralyn Masica, 5842 York Avenue North, addressed the Council to express her concern regarding the sod and that she hopes that the City will take appropriate action regarding the sod for this project. Rex Newman, 3107 61 Avenue North, addressed the Council to thank them for the information provided on the project and believes that in the future the Council should have more communication earlier than the assessment time. 09/23/02 -6- Mr. LeFevere discussed that if the Council would like to allow for a 30 day interest free payment period, the motion needed would be to change the date for commencing in paragraph two of the resolution to read October 23, 2002, instead of October 1, 2002; directing staff not to certify the resolution until after October 23, 2002; and directing staff to notify Garden City South residents by mail regarding the change for the interest free period. The notification by mail would be statutory. Councilmember Nelson raised a concern about setting precedence and the costs associated with this change. Mr. McCauley informed the Council that the expenditure is justifiable. There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to amend Resolution Certifying Special Assessments for Improvement Project Nos. 2002 -05 and 2002 -06, Contract 2002 -13, Garden City South Neighborhood Street and Storm Drainage Improvements, to the Hennepin County Tax Rolls, to read the following; 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 2003, and shall bear interest at the rate of six and one half (6 1 /2) percent per annum on the entire assessment from October 23, 2002 through December 31, 2003. and directing staff not to certify the assessments until after October 23, 2002; along with directing staff to notify Garden City South residents by mail regarding the change of the interest free period. Motion passed unanimously. 8c. PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 - A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley gave an overview of project including the deletion of Twin Lake Avenue from the assessment roll since construction cannot be completed due to a 3 foot rise in the water table due to the fourth wettest summer on record. Completion of Twin Lake Avenue will be attempted in the spring of 2003 and assessed with completion is assured. John Parotti from SEH outlined the construction schedule for all areas of the project and discussed the issues happening with Excel Energy. A motion by Councilmember Lasman, seconded by Councilmember Peppe to re -open the Public Hearing. Motion passed unanimously. 09/23/02 -7- IL Dick Sharp, 5317 Brooklyn Boulevard, addressed the Council to express his frustration about his yard being torn up since May 20, 2002, and questioned why they started in his area if they were not going to continue working in that area. Mr. Parotti informed the Council that the contractor had to start in that area because that area had the deepest storm sewer. Audrey Wellman, 3619 53 Place North, addressed the Council to inform the Council that she had contacted the City regarding her sprinkler system before the project started. During the construction her sprinkler system was damaged and she wants to know who will be replacing her sprinkler system? Mayor Kragness asked her to speak with Mr. Brink after the meeting about this issue. Ms. Wellman informed the Council that the traffic on 53 Avenue since the construction has started is wearing from all the big trucks and that she believes the street will need to be replaced. Buster Thjelman, 5325 France Avenue North, addressed the Council to voice that when the water trucks come around his area one side gets water and one side gets dust. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2002-131 Councilmember Lasman introduced the following resolution and moved its adoption with the amendment to paragraph two to read the following: 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 2003, and shall bear interest at the rate of six and one half (6 %2) percent per annum on the entire assessment from October 23, 2002 through December 31, 2003. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 09/23/02 -8- 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2002-015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW SIGNS AT BROOKDALE SHOPPING CENTER TO EXCEED THE NUMBER, HEIGHT, AREA AND DISPLAY FEATURES AUTHORIZED AS PART OF THE BROOKDALE PLANNED UNIT DEVELOPMENT AND THE SIGN ORDINANCE. THE PLANNING COMMISSION RECOMMENDED DENIAL OF THIS APPLICATION AT ITS SEPTEMBER 12, 2002, MEETING. IT IS RECOMMENDED THAT THE APPLICATION BE TABLED UNTIL THE OCTOBER 14, 2002 CITY COUNCIL MEETING. A motion by Councilmember Nelson, seconded by Councilmember Ricker to table this item to the October 14, 2002, meeting. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF OFFICER WALT FILSON Mayor Kragness read the resolution expressing recognition and appreciation for the public service of Officer Walt Filson. RESOLUTION NO. 2002 -132 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF OFFICER WALT FILSON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF DETECTIVE MICHAEL KAULFUSS Mayor Kragness read the resolution expressing recognition and appreciation for the public service of Detective Michael Kaulfuss. RESOLUTION NO. 2002-133 Councilmember Lasman introduced the following resolution and moved its adoption: 09/23/02 -9- RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF DETECTIVE MICHAEL KAULFUSS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. loc. RESOLUTION ACCEPTING CITY COUNCIL WORKSHOP SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REPORT AND ADOPTING CITY COUNCIL GOALS FOR 2003 Mr. McCauley presented a PowerPoint presentation of the City Council Goals for 2003 which are not in any priority. RESOLUTION NO. 2002-134 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING CITY COUNCIL WORKSHOP SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REPORT AND ADOPTING CITY COUNCIL GOALS FOR 2003 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10d. RESOLUTION DECLARING OCTOBER 10, 2002, AS LIGHTS ON AFTER SCHOOL DAY Mayor Kragness read the resolution declaring October 10, 2002, As Lights On After School Day. RESOLUTION NO. 2002 -135 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING OCTOBER 10, 2002, AS LIGHTS ON AFTER SCHOOL DAY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. loc. RREPORT FROM PARK AND RECREATION COMMISSION REGARDING GRANDVIEW PARKANDEPENDENT SCHOOL DISTRICT NO. 286 Mr. McCauley informed the Council that the Park and Recreation Commission had discussed the land exchange with School District No. 286 and that they had a concern with the progress and position of an agreement not in place. A letter was sent to Dr. Antoinette Johns, Superintendent, regarding the Park and Recreation Commission's concerns. 09/23/02 -10- Dr. Johns submitted a letter today regarding their position. He informed the Council that neither party are as far as they would like to be and that until an agreement is acceptable, the work will not take place. Councilmember Lasman discussed that she believes that the School District and City staff are on track and encouraged both parties to continue working together to resolve the issues. Councilmember Nelson asked if the groundbreaking ceremony that is planned for September 24, 2002, was going forward. Dr. Johns addressed the Council and informed that the groundbreaking ceremony will continue at 9:30 a.m. on September 24, 2002. 10L RESOLUTION AMENDING 2002 PAY PLAN AND CONTINUING INTERIM ENGINEERING ARRANGEMENTS Mr. McCauley discussed the proposed amendments to the pay plan and reviewed the Council packet materials, and engineer arrangements to be implemented. Councilmember Ricker questioned if there will need to be any consulting with the proposed changes. Mr. McCauley discussed there may need to be some consulting in the future and that the savings from the proposed changes could be allocated for that purpose, but overall the reorganization will reduce costs significantly. RESOLUTION NO. 2002-136 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING 2002 PAY PLAN AND CONTINUING INTERIM ENGINEERING ARRANGEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. logo AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE; AMENDING BROOKLYN CENTER CODE SECTION 23 -1703 Mr. McCauley discussed that this matter needs to be referred back staff. The Police Chief and City Attorney continue to work on the amendment. A motion by Councilmember Lasman, seconded by Councilmember Nelson to refer this matter back to staff. Motion passed unanimously. 09/23/02 -11- 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adj ourn the City Council meeting at 8:56 p.m. Motion passed unanimously. 4,W&uj�b City Clerk Mayor 09/23/02 -12-