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HomeMy WebLinkAbout2000 11-13 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 NOVEMBER 13, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met for informal open forum at 6:40 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Councilmember Robert Peppe was absent and excused. 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. Wayne Paulson, 5330 Colfax Avenue North, addressed the Council to request a four -way stop sign at 53r Avenue North and Bryant Avenue North and information regarding the home at 57 Avenue and Humboldt. Mr. Paulson also took the opportunity to thank the City for putting stop signs at 55 Avenue North and Dupont Avenue North Mike McLennan, 3930 51S Avenue North, addressed the Council to commend the City on the street signs throughout the City and to congratulate Councilmember Debra Hilstrom on her election to State Representative. Bob Hill, 4701 East Twin Lake Boulevard, addressed the Council to inquire about the individual to contact at Mn/DOT regarding a retaining wall for the Highway 100 project. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Jerry Blarney on behalf of Cross of Glory Lutheran Church offered the invocation. 11/13/00 -1- 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 Debra Hilstrom, Kay Lasman, and Ed Nelson. Councilmember Robert Peppe was absent and excused. 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. I 5. COUNCIL REPORT Mayor Kragness congratulated Councilmember Hilstrom on her State Representative position, and Councilmember Lasman and Peppe on their reelected seats on the Council. Mayor Kragness reported that on November 19, 2000, there would be an Ecumenical Thanksgiving Celebration at Park Center High. Councilmember Nelson reported that he attended a workshop for welcoming new immigrants on October 23, 2000, and that there was a significant turnout. On November 1, 2000, he attended the 25' Anniversary of the Volunteers in Action for School District 281 and that there is a new location for the meetings at Winnetka Learning Center. On November 9, 2000, he attended the Metropolitan Aircraft Sound Abatement Council meeting. Councilmember Nelson shared that the Northwest Suburbs Cable Commission public hearing will be held on November 16, 2000, at 7:30 a.m., and that U S Representative Ramstad entered into a Congressional record a commendation of the Brooklyn Center Lions' Club 46 years of Community service. Councilmember Nelson commended the Earle Brown Heritage Center (EBHC) on its promotional mailings. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 11/13/00 -2- i 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the minutes from the October 23, 2000, study and regular sessions, and the November 8, 2000, special session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. CHRISTMAS TREE SALES LOT PQT Company 21050 Lake George Boulevard NW, Anoka MECHANICAL Brooklyn Aire Heating and Cooling 8862 Zealand Avenue North, Brooklyn Park Master Gas Fitters Inc. 2240 Shawnee Drive, North St. Paul RENTAL Renewal: Twin Lakes Manor Twin Lakes Properties, LLP Initial: 5501 Brooklyn Boulevard Douglas Anderson (Mains' 1 Services) 6511 and 6521 Humboldt Avenue North Norlin Boyum (The Pines LLC) 5240 Drew Avenue North James and Melanie DeBellis SIGN HANGER Omega Construction, LLC 5421 Feltl Road, Minnetonka TAXICAB Abdiaziz Abukar 11395 West Wind Drive #A, Eden Prairie Charles Ude 3615 McKinley Street NE, Minneapolis Chukwudi Okeke 5252 West 98th Street, Bloomington 6c. APPROVE APPLICATION TO CONDUCT EXCLUDED BINGO AT ORCHARD LANE ELEMENTARY SCHOOL ON NOVEMBER 16, 2000 A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the application to conduct excluded bingo at Orchard Lane Elementary School on November 16, 2000. Motion passed unanimously. 11/13/00 -3- 6d. RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND RESOLUTION NO. 2000-178 Councilmember Hilstrom i n d moved its adoption: ntroduced the following resolution an g RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES RESOLUTION NO. 2000-179 Councilmember Hilstrom introduced the following resolution and moved its adoption: INSURANCE F RESOLUTION AWARDING A CONTRACT FOR DENTAL IN SU O R CITY EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999-10, CONTRACT 1999 -J, STREET IMPROVEMENTS, CAMDEN AVENUE AND 66 AVENUE IMPROVEMENTS AND SIGNALIZATION RESOLUTION NO. 2000-180 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -10, CONTRACT 1999 -J, STREET IMPROVEMENTS, CAMDEN AVENUE AND 66 AVENUE IMPROVEMENTS AND SIGNALIZATION 11/13/00 -4- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. SITE PERFORMANCE GUARANTEE RELEASE FOR BROOKDALE CORNER REDEVELOPMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the site performance guarantee release for Brookdale Corner Redevelopment. Motion passed unanimously. 6h. RESOLUTION AUTHORIZING PURCHASE OF FIVE 2001 FORD CROWN VICTORIA SQUAD CARS APPROVED IN THE 2001 CAPITAL OUTLAY BUDGET RESOLUTION NO. 2000 -181 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF FIVE 2001 FORD CROWN VICTORIA SQUAD CARS APPROVED IN THE 2001 CAPITAL OUTLAY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6i. RESOLUTION CORRECTING YEAR 2000 LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND TEAMSTERS LOCAL NO 320 RESOLUTION NO. 2000 -182 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CORRECTING YEAR 2000 LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND TEAMSTERS LOCAL NO 320 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 11/13/00 -5- 6j. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000-183 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. i 6k. PROCLAMATION RECOGNIZING VETERANS DAY, NOVEMBER 11, 2000 A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adopt proclamation recognizing Veterans Day, November 11, 2000. Motion passed unanimously. 7. APPEARANCES 7a. REPORT AND PRESENTATION TO CITY COUNCIL ON HIGHWAY 100 PROJECT AND RELOCATION OF FRANCE AVENUE Glen Van Wormer, SEH Manager of Transportation Engineering Group, presented to the Council four concepts for the France Avenue relocation. The first concept is the retention of France Avenue in place except for raising the grade to meet the raised grade of the railroad tracks, and relocation of the access onto Lakebreeze Avenue to point further west. The second concept is relocation of France Avenue using an extension of 50` Avenue, Azelia Avenue, and Lakebreeze Avenue. Two alternatives had been used for concepts three and four. Concept three is a connection from Lakebreeze Avenue north as a frontage road to the west side of Highway 100 with a grade separation from the railroad track. Concept four follows the same alignment south of the railroad tracks but then goes through an "S" curve to reconnect to France Avenue north of 50 ' Avenue. Mr. Van Wormer compared the four concepts that included costs, impact of right -of -way, geometrics, railroad concerns, travel impacts, and traffic volume distribution. 11/13/00 -6- Council discussed the four concepts with Mr. Van Wormer and requested to have layouts of the four designs provided for them to help further study the project. Dr. Jeff Stevens, STS Consultants, provided a brief history of his background before making a presentation on the environmental issues relating to the project. Mr. Stevens informed the Council that the MPCA did a Risk Assessment on the Joslyn property and the remediation that has caused the site to meet PCA and EPA standards for commercial uses, and even to residential standards in some areas. Val Svensson, Project Manager for Mn/DOT, discussed the funding issues of the project and that the money allocated for this project will expire in June of 2003. Council discussed the following with Ms. Svensson: When the project would need to commence before losing the money. Ms. Svensson informed the Council that the letting of construction would need to take place by March of 2003. Mayor Kragness discussed the Council would open the meeting up to public comments and that each person would be allowed five minutes to comment, with one additional opportunity to make a brief comment of two minutes after everyone had been afforded an opportunity to address the City Council. Charles Nichols, 4812 Lakeview Avenue North, addressed the Council to inform them that he likes the frontage road concept and that he did not like the 30 year clean-up on the Joslyn site, the amount of dirt that will be raised, the concept of the land safeness, and feeling rushed to make a decision on the project. Wayde Lerbs, 5107 East Twin Lake Boulevard, wished to thank SEH for all the work done to date on the project and share his concern about the toxicity on the project. Nancy Dillon, 5444 East Twin Lake Boulevard, addressed the Council to ask what rights the City has regarding an additional track. Mike McLennan, 3930 51" Avenue North, addressed the Council to commend SEH on the work done and share his feelings regarding the concepts and process. Bob Hill, 4701 East Twin Lake Boulevard, addressed the Council regarding the funding for the proj ect. Diane Niesson, 5107 East Twin Lake Boulevard, address the Council to thank them for listening and share her comments on the additional railroad. Ms. Niesson asked the Council to continue to help with the project. 11/13/00 -7- Ronnie Brunner, 4701 East Twin Lake Boulevard, addressed the Council to share her concerns about the contamination, wetland area impacted, railroad, and funding. Ms. Brunner informed the Council that she was in favor of concept three. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to share that he was in favor of the option with multi grade and that he hopes the money that had been allocated for the project will not be used for an interchange. Donna Zieska, 5455 Brooklyn Boulevard, addressed the Council to thank them and share that she believes the service road is a good idea and that Brooklyn Center deserves the best. Mac Hyde, Partner of Real Estate Recycling, addressed the Council to discuss that Real Estate Recycling, not Joslyn, hired Dr. Stevens and that since Mr. Stevens had been working with them, the project has substantially improved. Beth Neuendorf, Mn/DOT Re- deginer, addressed the Council to further discuss the funding options and that the possibility of having a median crossing, may help to eliminate the noise of the railroad. Dave Jents, 3907 52n Avenue North, addressed the Council to inquire about pedestrian overpasses. Mayor Kragness asked if there was anyone that would like to readdress the Council and the following took the opportunity to readdress the Council: Ms. Niesson feels the Joslyn site is an issue of safety from the contaminants, truck traffic needs to be addressed, and that she hopes the Council will consider the best option. Mr. Nichols, questioned the frontage and what Mn/DOT is suggesting. Mr. Lerbs, feels safety and the drainage are issues that need to be reviewed. Mr. Hill, shared that he does not understand the concept of the funding, and stated that he believes Mn/DOT should pay for the realignment construction. Mr. Van Wormer, Mr. Stevens, and Ms. Svensson answered some of the questions from the public and the Council. Council requested that maps and utility relocation costs be provided to the Council to help them review and study the project for the next discussion of the project which will be on November 27, 2000. Councilmember Hilstrom left the table at 9:35 p.m. and returned at 9:36 p.m. 11/13/00 -8- 7b. MR. SAM BAXTER Mr. Sam Baxter addressed the Council to discuss a proposed go -cart and other amusement device facility. Council discussed the proposed facility and the issue of the air quality and noise. Mr. Baxter informed the Council that the air quality and noise have been considered and would not be of any problem. Mr. McCauley advised that this type of use is not permitted in the industrial areas, but is permitted in commercial areas. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to direct the Planning Commission to review the City's zoning code and advise if there was a reason to consider modification or not. Motion passed unanimously. 7c. MR. WAYNE PAULSON City Manager Michael McCauley discussed that Wayne Paulson had previously approached the City Council at Open Forum regarding barking dogs being removed from the residence. Several cities were surveyed regarding this issue and the City of Minnetonka is the only city that removes animals from the premises if the resident is not home. Police Chief Joel Downer reviewed this issue and is comfortable with the concept of removing dogs from an open area or yard that are barking in violation of the City Ordinance and no one is present to deal with the dog. Mr. McCauley suggested that the Council request the City Attorney to review the ordinance to see if amendments can reasonably be made to facilitate police authority to remove a dog. Wayne Paulson, 5330 Colfax Avenue North, addressed the Council to suggest a few things regarding the ordinance amendment and thank the Council for considering his request. Mayor Kragness informed Mr. Paulson that the City Attorney will be reviewing the ordinance. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO AMUSEMENT DEVICES Mr. McCauley discussed there had been a legal challenge to the fee for amusement vendors license and that the City Attorney reviewed the issue and suggested an ordinance amendment that would eliminate the amusement vendors license entirely. 11/13/00 -9- A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2000-12 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO AMUSEMENT DEVICES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8b. CONSIDERATION OF RENEWAL APPLICATION FOR A CURRENCY EXCHANGE LICENSE FROM COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD - RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER Mr. McCauley discussed that the Minnesota Department of Commerce had received an application from Community Money Centers, Inc. dba Money Centers to renew its currency exchange license to operate at 6219 Brooklyn Boulevard and that it had been forwarded to the City for review. A review had been done and a resolution was prepared to authorize the issuance of the renewal. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000 -184 Councilmember Nelson introduced the following resolution and moved its adoption: 11/13/00 -10- RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR ANNUAL HOLLY SUNDAY ACTIVITIES RESOLUTION NO. 2000-185 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR ANNUAL HOLLY SUNDAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION ADOPTING GOALS FOR 2001 Mr. McCauley reviewed the goals for 2001 and discussed that goal 11 had been amended to read the following: Special Visioning Project to Create a Redevelopment Strategy Based on the City's Vision for the Future and Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • Undertaking accomplishment of this goal in the Central Business District with the use of consultants who would facilitate public meetings and perform studies that would assist the City Council in developing a framework RESOLUTION NO. 2000-186 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ADOPTING GOALS FOR 2001 11/13/00 -11- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING CITY MANAGER TO APPOINT DATA PRACTICES COMPLAINCE OFFICIAL Mr. McCauley discussed that this resolution would authorize the City Manager to appoint a data practices compliance official that is required by Minnesota Statutes, Section 13.05 Subd. 13. RESOLUTION NO. 2000-187 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO APPOINT DATA PRACTICES COMPLAINCE OFFICIAL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9d. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES REGARDING LICENSING OF RENTAL UNITS Mr. McCauley discussed that this ordinance amendment added date of birth and first, middle and last name. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading, of ordinance amending Chapter 12 of the City Ordinances regarding licensing of rental units and setting second reading and public hearing for December 11, 2000. Motion passed unanimously. 9e. RESOLUTION PROVIDING FOR THE EXECUTION AND DELIVERY OF TWO SUPPLEMENTAL INDENTURES OF TRUST RELATING TO TWO SERIES OF REFUNDING REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO 469.1651, ON,,. BEHALF OF BROOKDALE TWO LIMITED PARTNERSHIP Mr. McCauley discussed that this resolution would provide for the execution and delivery of two supplemental indentures of trust relating to two series of refunding revenue bonds pursuant to Minnesota Statues, Sections 469.152 to 469.165 1, on behalf of Brookdale Two Limited Partnership, and that this resolution would be for final actions on the properties. 11/13/00 -12- RESOLUTION NO. 2000-188 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE EXECUTION AND DELIVERY OF TWO SUPPLEMENTAL INDENTURES OF TRUST RELATING TO TWO SERIES OF REFUNDING REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO 469.165 1, ON BEHALF OF BROOKDALE TWO LIMITED PARTNERSHIP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9f. RESOLUTION APPROVING CONTRACT AMENDMENT WITH LOCAL 49 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS Mr. McCauley discussed that this resolution would approve the contract amendment with Local 49 of the International Union of Operating Engineers. RESOLUTION NO. 2000 -189 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT AMENDMENT WITH LOCAL 49 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9g. RESOLUTION RELEASING DEFICIENCY AGREEMENT AND ASSESSMENT AGREEMENT ON LOT 2, BLOCK 1, BROOKLYN FARM SUBDIVISION This item was tabled to the November 27, 2000, City Council meeting. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the City Council meeting at 10:03 p.m. Motion passed unanimously. / 2 1 L14L"-d nm�ak.'Iuuolt; I 11 A A -A^.A# -4 City Clerk Mayor 11/13/00 -13-