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HomeMy WebLinkAbout2001 05-29 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 MAY 29, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into 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: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Yvette Ford, Community Liaison Representative for Mallard Creek Townhome Association, addressed the Council to discuss previous materials submitted to the Mayor, provided the Council with more materials regarding the health effects of noise, and to answer any questions the Council had regarding the request for help with noise on Unity Avenue between 69 and 73r Avenues. Mayor Kragness informed Ms. Ford that the information had been forwarded to the City Attorney and that the Chief of Police and City Attorney will be working together on ways to respond to the issue. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 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. 05/29/01 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Pond Dedication Ceremony on May 18, 2001, the Willow Lane DARE Graduation on May 22, 2001, and the Public Works Garage Open House on May 24, 2001. She also wanted to mention the unveiling of the Brooklyn Historical book that would take place on June 1, 2001, at Marquette Bank, and on June 2, 2001, at Brookdale Mall. Councilmember Peppe reported that the Council had a worksession on May 21, 2001, with the Financial Commission. Councilmember Nelson reported that he attended the Earle Brown Days Board of Directors meeting on May 15, 2001, and that the Earle Brown Days Event will begin on June 21, 2001 with a parade that evening and end on June 23, 2001, with fireworks that evening. On May 15, 2001, he attended the Housing Commission meeting and shared that the Housing Commission is looking forward to a questionnaire that will be distributed on National Night Out for input on housing and neighborhood concerns. On May 17, 2001, he attended the North Metro Highway 100 Council and informed the Council that he will no longer attend future sessions because the ultimate voting responsibility is in the hands of the Mayor and the City Manger only. Also on May 17, 2001, he attended the Northwest Suburbs Cable Communications Commission. On May 18, 2001, he attended the Centerbrook Pond Dedication Ceremony and participated in the planting of 500 trees at the Palmer Lake Preserve that was a part of the Tree City USA event. On May 22, 2001, he attended the DARE Graduation at Willow Lane, and on May 24, 2001, he attended an Ad Hoc Brooklyn Center Stadium Committee meeting. Mayor Kragness reviewed a portion of the minutes from the May 14, 2001, City Council meeting relating to the Brooklyn Center Corporate Centers II and III being negatively impacted by the orphanage proposal and wanted to encourage the community that the bonds that were passed at the May 14, 2001, City Council meeting will help the new owners continue to fix the buildings and increase occupancy. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested to have Consent Agenda items 6f, Resolution Establishing Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements Project, and 6g, Resolution Establishing Improvement Project No. 2002 -04, France Avenue Relocation, removed and added to Council Consideration as items 9g and 9h. 05/29/01 -2- City Manager Michael McCauley requested to have Council Consideration items 9a, Resolution Expressing Recognition and Appreciation for the 21 Years of Dedicated Public Service of Barbara Johnson with the City of Brooklyn Center, and 9b, Resolution Expressing Recognition and Appreciation for the 26 Years of Dedicated Public Service of Sergeant David Grass with the City of Brooklyn Center, moved and placed before the Public Hearing since both honorees were present. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the May 14, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GASOLINE SERVICE STATION Hark's Company 1108 New Brighton Boulevard, Minneapolis MECHANICAL Heating and Cooling Two Inc. 18550 County Road 81, Maple Grove J.T. Enterprises 1400 Goose Lake Road, Gem Lake Knight Heating and Air Cond. 10413 61 Street NE, Albertville Managed Services Inc. 6500 Oxford Street, St. Louis Park RENTAL Renewal: 2812 O'Henry Road Teresa Williams SIGN HANGER Arrow Sign Company 13735 Aberdeen St NE, Ham Lake TOBACCO RELATED PRODUCTS Hark's Company 1108 New Brighton Boulevard, Minneapolis 05/29/01 -3- 6c. APPROVAL OF A SPECIAL EVENT 3.2 MALT LIQUOR LICENSE FOR SCOREBOARD PIZZA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve an application for a special event 3.2 malt liquor licenses for Scoreboard Pizza. Motion passed unanimously. 6d. CONFIRMING MAYOR'S APPOINTMENT OF COUNCILMEMBER RICKER TO THE PARK AND RECREATION COMMISSION AND AMM A motion by Councilmember Nelson, seconded by Councilmember Lasman to confirm Mayor's appointment of Councilmember Ricker to the Park and Recreation Commission and AMM. Motion passed unanimously. 6e. RESOLUTION APPROVING FINAL PLAT, MEDTRONIC SHINGLE CREEK ADDITION RESOLUTION NO. 2001 -69 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, MEDTRONIC SHINGLE CREEK ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6E RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT This item was removed and placed on Council Consideration as item 9g. 6g. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002-04, FRANCE AVENUE RELOCATION This item was removed and placed on Council Consideration as item 9h. 6h. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002- ' 05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT 05/29/01 -4- RESOLUTION NO. 2001-70 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002-05,06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6i. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-71 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. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 21 YEARS OF DEDICATED PUBLIC SERVICE OF BARBARA JOHNSON WITH THE CITY OF BROOKLYN CENTER Councilmember Lasman read the resolution expressing recognition and appreciation for the 21 years of service of Barbara Johnson while Mayor Kragness presented her with a plaque. The Council applauded Ms. Johnson. RESOLUTION NO. 2001-72 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 21 YEARS OF DEDICATED PUBLIC SERVICE OF BARBARA JOHNSON WITH THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 05/29/01 -5- RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 26 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT DAVID GRASS WITH THE CITY OF BROOKLYN CENTER Councilmember Lasman read the resolution expressing recognition and appreciation for the 26 years of service of Sergeant David Grass while Mayor Kragness presented him with a plaque. The Council applauded Mr. Grass. RESOLUTION NO. 2001-73 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 26 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT DAVID GRASS WITH THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. PUBLIC HEARING 7a. REVISIONS TO ANIMAL ORDINANCES -AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES RELATING TO PRIVATE KENNEL LICENSES AND LIMITATIONS ON ANIMALS -AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATING TO LIMITATIONS ON KEEPING OF ANIMALS Mr. McCauley discussed the proposed ordinance amendments would eliminate private kennel licenses and reduce the maximum number of animals from a total of five to four with no more than two dogs in the four animal combination. For those persons who currently have private kennel licenses there would be a provision in the ordinance for them to keep their current animals and seek renewal of their private kennel license annually with proof of rabies vaccination and payment of $30 license fee until the excess animals that are currently listed on the private kennel license application are either removed from the premises or expire. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Ms. Klint, 5305 Irving Avenue North, addressed the Council to share she believes that the Council should allow people to keep the current number of animals listed in the ordinance. 05/29/01 -6- Dawn Chhuoy, 6200 Quail Avenue North, addressed the Council to discuss that she believes that the private kennel licenses should continue to be available and questioned the reason for the elimination of the dog licenses. Mayor Kragness informed Ms. Chhuoy that the Council has had several complaints received regarding the nuisance of dogs and that the issue has been on -going for many years. Ms. Chhuoy responded that she believes that persons who are not responsible should be the ones penalized, not the pet owners who are responsible. Mayor Kragness informed Ms. Chhuoy that the Council received a recommendation from the Chief of Police that the money accumulated for dog licensing was minimal and that staff time and money could be better utilized in other areas of the Police Department. Denise Mueller, 1601 70 Avenue North, addressed the Council to discuss that she has a concern with the ordinance amendment to reduce the number of animals to a total of four and wondered what will happen to those who have more than four animals. Tori Bolton, 6400 Fremont Avenue North, addressed the Council to state that she believes the ordinance should stay the way it is now. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. Councilmember Peppe discussed that this has been a tough issue for the Council and feels that the current ordinance allowing three cats would be fine with him. Councilmembers Lasman and Ricker agreed with Councilmember Peppe that three cats and standing firm on the limit of two dogs would be acceptable to them. Council consensus was to amend the language in Sections 1 -108 and 19 -104.3 as follows: Section 1 -108. LIMIT ON NUMBER OF CATS AND DOGS. Because the keeping of three (3) or more dogs or four (4) or more cats in the family dwelling unit or on the family premises is subj ect to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard, and general aesthetic depreciation, and because the irresponsible maintenance of three (3) or more dogs or four (4) or more cats within a residential area has been the source of a variety of complaints, no family or family member shall keep, harbor, or have custody of more than two (2) dogs, or more than three (3) cats, or a combination of more than five (5) animals exceeding six months of age in the family dwelling unit or on the family premises. Provided, however, those persons who were issued a private kennel license prior to April 23, 2001, may seek renewal of their private kennel license as provided in Section 1 -105. Section 19- 104.3. Any combination of more than five (5) animals exceeding six months of age. 05/29/01 -7- ORDINANCE NO. 2001-09 Councilmember Lasman introduced the following ordinance and moved its adoption with the language regarding the total number of animals of four to be amended to allow a total of five animals with no more than two dogs and three cats: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES RELATING TO PRIVATE KENNEL LICENSES AND LIMITATIONS ON ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. ORDINANCE NO. 2001 -10 Councilmember Lasman introduced the following ordinance and moved its adoption with the language regarding the total number of animals of four to be amended to allow a total of five animals with no more than two dogs and three cats: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATING TO LIMITATIONS ON KEEPING OF ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2001-009 SUBMITTED BY BKV GROUP. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE DEVELOPMENT OF A FOUR BUILDING, 45,029 SQ. FT., MIXED USE COMMERCIAL/RETAIL DEVELOPMENT ON 5.6 ACRES LOCATED AT THE NORTHEAST CORNER OF 69 AVENUE NORTH AND BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 17, 2001 MEETING. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-009 SUBMITTED BY BKV GROUP 05/29/01 -8- 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN I BOULEVARD) Mr. McCauley discussed that Planning Commission Application No. 2001 -009 submitted by BKV Group requesting for rezoning and site and building plan approval through the planned unit development (PUD) process for the development of a four building, 45,029 square foot mixed use commercial /retail development on 5.6 acres located at the northwest corner of 69 Avenue North and Brooklyn Boulevard, was recommended for approval by the Planning Commission at its May 17, 2001, meeting. This item would keep the process moving for the development at 69 and Brooklyn Boulevard and is combined with one of the items on the Economic Development Authority agenda. A resolution regarding the disposition of Planning Commission Application No. 2001 -009 and an ordinance that would need approval for first reading and setting second reading and public hearing for June 25, 2001, regarding the amendment to Chapter 35 regarding the zoning classification of certain land is included and recommended for approval. RESOLUTION NO. 2001-74 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001 -009 SUBMITTED BY BKV GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading of an ordinance amending Chapter 35 regarding the zoning classification of certain land (NE quadrant of 69 and Brooklyn Boulevard) and set second reading and public hearing for June 25, 2001. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2001-010 SUBMITTED BY LOUCKS ASSOCIATES. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 5.6 ACRES OF LAND AT THE NORTHEAST CORNER OF 69 AVENUE NORTH AND BROOKLYN BOULEVARD INTO FOUR LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 16, 2001 MEETING. 05/29/01 -9- Mr. McCauley discussed that Planning Commission Application No. 2001 -010 submitted by Loucks Associates requesting for preliminary plat approval to subdivide 5.6 acres of land at the northwest corner of 69 Avenue North and Brooklyn Boulevard into four lots was recommended for approval by the Planning Commission at its meeting on May 16, 2001. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -010 subject to the following conditions. Motion passed unanimously. 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2001 -009. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 -foot wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The storm water retention plan proposed for the land comprehended under this preliminary plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2001 -009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 8c. PLANNING COMMISSION APPLICATION NO. 2001-011 SUBMITTED BY GPD ASSOCIATES. REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT TO CONSTRUCT A 3,142 SQ. FT. COMBINED KENTUCKY FRIED CHICKEN AND A & W RESTAURANT ALONG BROOKLYN BOULEVARD, SOUTH OF 55 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 16, 2001 MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 011 submitted by GPD Associates requesting for site and building plan approval and a special use permit to construct a 3,142 square foot combined Kentucky Fried Chicken and A & W Restaurant along Brooklyn Boulevard, south of 55`' Avenue North. The Planning Commission recommended approval of this application subject to the following conditions: 05/29/01 -10- 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, drainage, 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. 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 release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. The final plat dividing this property into three lots shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 12. The plans shall be modified prior to the issuance of building permits to eliminate the indicated concrete wheel stops and to provide six additional parking spaces to the east end of the site. 13. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehend by the Zoning Ordinance shall require an amendment to this special use permit. 05/29/01 -11- 14. The special use permit is subject to all applicable codes, ordinance and regulations. Any violation thereof shall be grounds for revocation. Mayor Kragness asked if the right -of -way would be affected when dividing the property into three I lots as defined in condition 11. Mr. Warren responded that the right -of -way will not be affected. Councilmember Ricker asked what would happen to the current KFC in Brooklyn Center. Mr. Warren responded that at this time he is not aware what will happen. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning Commission Application No. 2001 -011 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 21 YEARS OF DEDICATED PUBLIC SERVICE OF BARBARA JOHNSON WITH THE CITY OF BROOKLYN CENTER This item was removed and put before public hearing item 7a. 9b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 26 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT DAVID GRASS WITH THE CITY OF BROOKLYN CENTER This item was removed and put after 9a, before the public hearing item 7a. 9c. AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY Mr. McCauley discussed the Council had received a request from a citizen to review and amend the City's ordinance regarding massage in public places. This ordinance amending Chapter 23 would add definitions for "bona fide health club ", "qualified ", and "recognized school" which would allow a person to administer massage in public places and includes exemptions from licensure for barber shops, hair or beauty salons, or for bona fide health clubs and would require a minimum of 500 hours of training in massage from a recognized school. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for June 25, 2001. Motion passed unanimously. 05/29/01 -12- i 9d. RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING FOR A GRANT FOR A YOUTH ACTIVITIES CENTER AT GRANDVIEW I PARK Mr. McCauley discussed this resolution would authorize execution of a grant agreement with the Department of Children, Families, and Learning to assist in the construction of a youth activities center at Grandview Park. This grant agreement provides a certain amount of flexibility in this area and the City would be agreeing to accomplish the objectives of the youth activities center and to expend the funds by December 31, 2002. The City would not be tied into the specifics of what was proposed in the grant application as long as the objectives are accomplished. RESOLUTION NO. 2001-75 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE - DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING FOR A GRANT FOR A YOUTH ACTIVITIES CENTER AT GRANDVIEW PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. STATUS REPORT RE: TH 100 PROJECT Public Works Director Diane Spector reported on the status of segment four that includes the Indiana Avenue neighborhood access, 47"' Avenue intersection, phasing plan, and work with the 47 and 48''' Avenue neighborhood and discussed the aesthetics for the project. Mayor Kragness raised a question regarding no railing along the west side bridge of France Avenue. Ms. Spector informed the Council that staff is having conversations with Mn/DOT to resolve the issue of no railing at that location. Ms. Spector discussed that SEH, the City's consultant, continues to work on plans for the Southwest area and is waiting on CP Rail to provide the final profile of the bridge and tracks before completing those plans. CP Rail is supposed to deliver the preliminary plans to Mn/DOT and the City by June 1, 2001, after which SEH will complete the plans. As part of this area the Council is being asked to consider installation of decorative streetlights along Lakebreeze, Azelia, and 50`'' Avenue North. There are also some retaining walls that would be required along 50' Avenue. The cost differential between the standard modular block wall and a cast in place wall with the ashlar texture is being investigated along with the cost of the decorative lights. 05/29/01 -13- Ms. Spector requested direction from the Council regarding decorative streetlights. Mayor Kragness stated that she likes the idea of them. Councilmember Peppe stated that it would depend on the cost. Councilmember Ricker questioned the type of lighting that would be used if the decorative lights were not installed. Ms. Spector informed the Council that the same brass style that is currently used would be used. Councilmember Nelson asked when the construction would take place in segment four of the project. Ms. Spector informed the Council that there are several parts to segment four and that the Azelia Avenue, 50`' Avenue North, and other areas of the France Avenue portion of the project will be first priority and finished in 2002. In October of 2002, a contract will be awarded for the frontage road bridge and construction would take place in the winter of 2002, and in the spring of 2003 the temporary signal at 53r Avenue will be installed. In 2004 the southbound lanes will be constructed. Mayor Kragness questioned when the railroad bridge construction would be done. Ms. Spector informed the Council that the work should be done in 2002 however might extend into 2003. Councilmember Lasman asked if the residents will be notified of the progress and what will be happening on this project. Ms. Spector informed the Council that residents will continue to receive mailing updates on the project. 9f. RESOLUTION AMENDING RIGHT -OF -WAY ACQUISITION AGREEMENT FOR WIDENING OF BROOKLYN BOULEVARD Mr. McCauley discussed this resolution would amend the right -of -way acquisition agreement for the widening of Brooklyn Boulevard and amends the cost sharing agreement the City has entered into with Hennepin County. Hennepin County is requesting the EDA to assist them in the acquisition and the settlement with Ryan Oldsmobile and Brookdale Dodge. A land exchange has been negotiated between the parties involved; however, the exchange is beyond the statutory authority of the County and is permissible for the EDA. Council discussed the area and what the costs would be to the City for this agreement. Mr. McCauley informed the Council that the costs should roughly be the same to go forward with the proposal as to have partial acquisition without a comprehensive solution. There may be some costs that are unknown at this time regarding damages to properties. Mayor Kragness asked if the dealerships involved are in favor of this agreement. Mr. McCauley discussed that yes the dealerships involved are in favor and have signed an agreement. RESOLUTION NO. 2001-76 Councilmember Lasman introduced the following resolution and moved its adoption: 05/29/01 -14- I RESOLUTION AMENDING RIGHT -OF -WAY ACQUISITION AGREEMENT FOR WIDENING OF BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9g. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT This item was removed from the Consent Agenda and placed on Council Consideration at the request of Councilmember Nelson. Councilmember Nelson requested to have this item explained by Mr. McCauley. Mr. McCauley discussed that this resolution would establish the improvement project for the southwest area street, storm drainage, and utility improvements. The Council had previously adopted the 2001 -2005 CIP; however, this substitution was a more cost effective way. RESOLUTION NO. 2001 -77 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9h. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002-04, FRANCE AVENUE RELOCATION This item was removed from the Consent Agenda and placed on Council Consideration at the request of Councilmember Nelson. Councilmember Nelson requested to have this item explained by Mr. McCauley. Mr. McCauley discussed this resolution is a housekeeping item and that last year SEH had been approved by the City Council for the work on this project. This resolution would establish the improvements, not authorize any work. RESOLUTION NO. 2001-78 Councilmember Peppe introduced the following resolution and moved its adoption: 05/29/01 -15- RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002-04, FRANCE AVENUE RELOCATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:29 p.m. Motion passed unanimously. 'J City Clerk Mayor 05/29/01 -16-