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HomeMy WebLinkAbout2000 08-28 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 AUGUST 28, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. 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. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded Councilmember Peppe to adjourn informal open forum at 6:59 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. 08/28/00 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning d Zoning Specialist Ron Warren Public Works Director Diane Spector, City Attorney g g p � p � Y Y Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Association of Metropolitan Municipalities meeting and the Northwest Suburbs Cable Communications Commission meeting on August 24, 2000. Councilmember Nelson also reported that the public hearing regarding three new cable companies had been postponed to August 31, 2000. Councilmember Nelson noted that there would be a meeting on the Highway 100 project on Tuesday, August 29, 2000, 6:30 p.m., at Constitution Hall. Mayor Kragness shared a letter she received from the Private College Foundation and congratulated John Yang. Councilmember Hilstrom informed the audience that on September 1, 2000, the Brooklyn Center Police Department will be holding a Traffic Safety Awareness Day at the Brooklyn Center High School (southeast lot) from 6:30 a.m. to 9:00 a.m. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. I 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the August 14, 2000, joint meeting with the Chamber of Commerce, and the August 14, 2000, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. MECHANICAL Tropic Air Inc. 1302 180th Avenue NW, Cedar United Heating A/C Inc. 1295 Hackamore Road, Medina 08/28/00 -2- RENTAL Renewal 3955 69th Avenue North Richard Dawson SIGN HANGER Stillwater Sign Co. 804 West Laurel Street, Stillwater 6c. APPROVAL OF APPLICATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM PROPER ECONOMIC RESOURCE MANAGEMENT A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application from Proper Economic Resource Management. Motion passed unanimously. 6d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-142 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 Hilstrom. Motion passed unanimously. 6e. RESOLUTION AUTHORIZING PROFESSIONAL AND STAFF ENGINEERING SERVICES, IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000 -143 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PROFESSIONAL AND STAFF ENGINEERING SERVICES, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 08/28/00 -3- 6f. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000 -07, CONTRACT 2000 -B, PALMER LAKE CIRCLE STREET IMPROVEMENTS RESOLUTION NO. 2000 -144 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.1, IMPROVEMENT PROJECTNOS, 2000- 07, CONTRACT 2000 -13, PALMER LAKE CIRCLE STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6g. APPOINT ADDITIONAL ELECTION JUDGE TO SERVE IN THE PRIMARY AND GENERAL ELECTIONS A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to appoint Dick Risley to serve as an election judge in the primary and general elections. Motion passed unanimously. 7. PUBLIC HEARING 7a. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY JOHN PROCTER, 6025 HALIFAX AVENUE NORTH, TO KEEP FOUR DOGS City Manager Michael McCauley discussed that this public hearing would be to render a final decision to reverse, affirm, or amend the decision of denial for a private kennel license for John Procter, 6025 Halifax Avenue North to keep four dogs. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Ms. Procter was present and informed the Council that one of the four dogs passed away last week from a heart attack. Ms. Procter also informed the Council that since the City Manager's denial they have installed a fence to help keep the dogs from running at large and that the only time the dogs are outside are when they are outside working in the yard. Ms. Procter admitted that one of the dogs does bark but not for a long period of time. Mayor Kragness asked Ms. Procter about the surveys that had been received regarding the dogs defecating in the neighbors' yards. Ms. Procter informed the Council that there are other dogs in the neighborhood and that it is not fair to assume it is her dogs defecating in the yards. 08/28/00 -4- Tom Repinski, 6024 June Avenue North, addressed the Council to discuss that he was a neighbor of the Procters and that he does not believe that the dogs are a nuisance. Council discussed the background information provided in the materials. Mayor Kragness informed the Procters that the building inspections department had okayed the inspection for cleanliness and being well maintained. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Lasman to reverse the City Manager's decision to deny a private kennel license and approve a private kennel license to keep only the three dogs listed on the application with no replacement or addition of dogs for a period of time, not to exceed three years, and subject to the conditions of the City Ordinance, Chapter 1. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2000-019 SUBMITTED BY FRAUENSHUH COMPANIES REQUESTING SITE AND BUILDING PLAN APPROVAL FOR THE REDEVELOPMENT OF THE BROOKPARK DENTAL CENTER AT 6437 BROOKLYN BOULEVARD -THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 10, 2000, MEETING. 8b. PLANNING COMMISSION APPLICATION NO. 2000-020 SUBMITTED BY FRAUENSHUH COMPANIES REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE CITY ORDINANCES TO ALLOW A 35' BUILDING SETBACK RATHER THAN A 50' MAJOR THOROUGHFARE SETBACK FOR THE BROOKPARK DENTAL CENTER REDEVELOPMENT AT 6437 BROOKLYN BOULEVARD -THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 10, 2000, MEETING. Mr. McCauley discussed that both Planning Commission Application Nos. 2000 -019 and 2000 -020 were relating to the same project and that the Planning Commission recommended approval of both applications subject to the following conditions: 2000 -019 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 building permits. 08/28/00 -5- 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of building 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 building permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. I 5. The buildings automatic fire extinguishing system to meet s are to be equipped with an a m g g g Y 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 facilities 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 with the exception of the front entrance area for handicap accessibility and where the trash pick up area is proposed. 9. The applicant shall submit an as built survey of the property, improvements, and inspection of utility and storm drainage systems prior to the issuance of permits. 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 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. 13. The final plat combining this site into a single lot shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 14. Approval of this application is contingent upon the granting of a variance from the 50 foot major thoroughfare setback comprehended by Planning Commission Application No. 2000 -020. 08/28/00 -6- 15. The applicant shall provide the City Engineer with detailed assurances as to the adequacy of the size, design, and material prior to the reuse of the existing sanitary sewer. 2000 -020 Conditions Approval of this application is on the basis of it being consistent with the recommendations of the Brooklyn Boulevard studies which would allow non - residential buildings to be located closer to the street right -of -way along Brooklyn Boulevard and that the proposal meets the standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application Nos. 2000 -019 and 2000 -020 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING SEPTEMBER 2000 AS PROSTATE CANCER AWARENESS MONTH Mayor Kragness urged residents to become aware of the risks of prostate cancer and discussed that the City is proclaiming September 2000 as Prostate Cancer Awareness Month. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adopt proclamation declaring September 2000 as Prostate Cancer Awareness Month. Motion passed unanimously. 9b. SET SPECIAL SESSION FOR MONDAY, NOVEMBER 20, 2000, 6 P.M., COUNCIL CHAMBERS, FOR SALE OF SPECIAL ASSESSMENT BONDS Mr. McCauley requested a special session for Monday, November 20, 2000, at 6:00 p.m., for the sale of special assessment bonds. The City Council Worksession will immediately follow the special session. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to set special session on Monday, November 20, 2000, at 6:00 p.m., in the Council Chambers. Motion passed unanimously. 08/28/00 -7- 9c. AN ORDINANCE AMENDING ORDINANCE NO. 98 -03 REGARDING COUNCIL SALARIES FOR 2001 -2002 AND ACCEPTING RECOMMENDATION OF FINANCIAL COMMISSION Mr. McCauley discussed the Financial Commission reviewed the Council salaries and is making the followin g recommendations to amend Ordinance 98 -03: Section 1. City of Brooklyn Center Ordinance No. 98 -03, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 1999, is hereby amended. Section 2. Effective January 1, 2001, the annual salary for Mayor shall be $9,583 and the annual salary for Council Members shall be $7,337. Section 3. Effective January 1, 2002, the annual salary for Mayor shall be $9,870 and the annual salary for Council Members shall be $7,557. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to accept recommendation from the Financial Commission and approve first reading of the ordinance amendment and set September 25, 2000, for second reading and public hearing. Motion passed unanimously. 9d. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING POLICY ON COUNCIL USE OF ELECTRONIC MAIL AND VOICE MAIL Mr. McCauley discussed this resolution would amend the City Council handbook regarding the policy on the Council's use of electronic mail and voice mail. The Financial Commission recommended an increase in the City Council's compensation to reflect the added costs to Council Members of Internet access in communicating with constituents and the City and the amendment would eliminate the Internet access reimbursement in the policy when the compensation change took effect. RESOLUTION NO. 2000-145 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING POLICY ON COUNCIL USE OF ELECTRONIC MAIL AND VOICE MAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 08/28/00 -8- 9e. RESOLUTION AUTHORIZING CONTRACT FOR ARCHITECTURAL SERVICES FOR BLUMENTALS ARCHITECTURE INC. FOR CIVIC CENTER PROJECT Mr. McCauley discussed several requests for proposals were sent for architectural services for the Civic Center project. The two firms that submitted proposals were Blumentals Architecture, Inc. and LHB Engineering and Architects. One of the firms that requested a proposal and did not submit a proposal was contacted to inquire about them not submitting a proposal. It was noted that they did not have the staff available at this time due to the level of building activity. Both Blumentals Architecture, Inc. and LHB Engineering and Architects have experience in municipal projects; however, Blumentals Architecture, Inc. had a better understanding of the City's needs and submitted a proposal significantly less expensive than LHB. RESOLUTION NO. 2000-146 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CONTRACT FOR ARCHITECTURAL SERVICES FOR BLUMENTALS ARCHITECTURE INC. FOR CIVIC CENTER PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9E REPORT ON RANDOM ACTS OF KINDNESS Mr. McCauley reported that Cities Week will be held October 8 through October 14, 2000, and as part of the Cities Week the City would like to recognize Brooklyn Center residents and groups who have performed acts of kindness. Nominations are to be received at City Hall by October 9, 2000, and the Council will recognize the nominees at its October 23, 2000, meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to move forward with random acts of kindness. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:32 p.m. Motion passed unanimously. a ..Mw *VVU�9m A "A City Clerk Mayo 08/28/00 -9-