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HomeMy WebLinkAbout2000 12-11 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 DECEMBER 11, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the informal open forum 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. The Council discussed the France Avenue relocation. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION There was no invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:15 p.m. 12/11/00 -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, Finance Director Charlie Hansen, 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 on December 3, 2000, she attended the Holly Sunday event along with Mayor Kragness, and on December 5, 2000, she attended the Northwest Human Rights Coalition meeting. At the Northwest Human Rights Coalition meeting the upcoming art contest, ways of newcomers utilizing services in the City, and the month of December being Universal Human Rights Month was discussed. Councilmember Lasman reported that the Heritage Festival would be on March 18, 2001, at Park Center High School from 12 p.m. to 5:00 p.m. and that the committee is working on a play regarding human rights and diversity issues. People who are interested in participating should contact Jane Chambers at the City of Brooklyn Center or Valerie Jones at 492 -2802. Councilmember Lasman shared that she also attended a meeting with different leaders to discuss human services and needs on November 30, 2000. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson discussed that the resolution under agenda item 7b, Destination Park Plan, would be amended to indicate that the Destination Park Plan would be received and to rename certain parks and thank the Park and Recreation Commission for its input. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the November 20, 2000, Special and General work sessions, and the November 27, 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. 12/11/00 -2- GARBAGE COLLECTION HAULER Metro Disposal, Inc. 5720 West 35 %2 Street, St. Louis Park MECHANICAL Advantage Air Inc. 325 130 ' Street West, Shakopee APEX Heating and Cooling 312 Newton Avenue SW, Watertown RENTAL Renewal: 6315 Brooklyn Blvd Joseph Brauer 372547 1h Ave N Richard Grothe SIGNHANGER Valley Sign Inc 6511 Duluth Avenue SE, Prior Lake 6c. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -16 AND 17, CONTRACT 00 -G, PALMER LAKE PONDS AND PALMER LAKE TRAIL RESOLUTION NO. 2000-206 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -16 AND 17, CONTRACT 00 -G, PALMER LAKE PONDS AND PALMER LAKE TRAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROEJCT NOS. 2000 -20, CONTRACT 00 -E, BROOKLYN BOULEVARD ENHANCEMENTS RESOLUTION NO. 2000-207 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROEJCT NOS. 2000 -20, CONTRACT 00 -E, BROOKLYN BOULEVARD ENHANCEMENTS 12/11/00 -3- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -21, CONTRACT 00 -F, BROOKLYN BOULEVARD LANDSCAPE ENHANCEMENTS RESOLUTION NO. 2000-208 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2000 -21, CONTRACT 00 -F, BROOKLYN BOULEVARD LANDSCAPE ENHANCEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6f. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, CONTRACT 2000 -C, 73 AVENUE, HUMBOLDT AVENUE TO CAMDEN AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000-209 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, CONTRACT 2000 -C, 73 AVENUE, HUMBOLDT AVENUE TO CAMDEN AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6g. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -21, CONTRACT 99 -N, MISCELLANEOUS SIDEWALK/RETAINING WALL /CURBING REMOVAL AND REPLACEMENT 12/11/00 -4- RESOLUTION NO. 2000-210 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -21, CONTRACT 99 -N, MISCELLANEOUS SIDEWALK/RETAINING WALL /CURBING REMOVAL AND REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6h. RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION, IMPROVEMENT PROJECT NOS. 2000 -20 AND 2000 -21, CONTRACTS 2000- E AND F, BROOKLYN BOULEVARD RESOLUTION NO. 2000-211 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION, IMPROVEMENT PROJECT NOS. 2000 -20 AND 2000 -21, CONTRACTS 2000 -E AND F, BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6i. ADOPT 2001 CITY COUNCIL MEETING SCHEDULE A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to adopt 2001 City Council meeting schedule. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATIONS -5420 FREMONT AVENUE NORTH, LYNN AMACHER -MALM -160170 AVENUE NORTH, DENISE MUELLER City Manager Michael McCauley discussed two appeals had been filed regarding the denial of private kennel licenses and that the public hearings for both appeals would be to render a final decision to affirm, reverse, or amend the denial for private kennel licenses. 12/11/00 -5- 5420 FREMONT AVENUE NORTH, LYNN AMACHER -MALM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. Lynn Amacher -Maim, 5420 Fremont Avenue North, addressed the Council to discuss her four dogs and to request an approval of a private kennel license. Ms. Amacher -Malm discussed that her dogs and property are well maintained. Mayor Kragness questioned the application that was submitted for three dogs and why when the property was inspected there were four dogs. Ms. Amacher -Malm informed the Council that at the time she applied for the private kennel license she had three dogs and that the fourth dog was one that she had anticipated on having and was not sure of keeping it. She had received the fourth dog and would like to keep the dog so the private kennel license that she is applying for would be to keep four dogs. Her intent is not to raise dogs but to show and exhibit them and to have as pets. Council discussed the ordinance and license process. Councilmember Hilstrom raised her concern regarding the three -year period of licensing private kennel licenses when some dogs' life expectancy is a lot longer. Ms. Amacher -Mahn believes that pets should be lifetime commitments and requested that the City Council amend the ordinance regulating the three -year period of private kennel licenses. Paula Burbach, 5426 Fremont Avenue North, addressed the Council to discuss that she believes that the property is kept in good shape and that the dogs are friendly. Ms. Burbach stated that she hopes the Council will approve the private kennel license application. Pat Enninga, 5435 Emerson Avenue North, addressed the Council to discuss that she believes the property is not a problem and that she had never had a problem with the dogs. A mail carrier for the area, addressed the Council to share that she had been the mail carrier for in the area for six years and that in the six years the dogs and yard had been well maintained. Gerald Kamrow, 5447 Emerson Avenue North, addressed the Council to discuss that he was in full support of the private kennel license being approved. Nancy Benver, 5418 Fremont Avenue North, addressed the Council to say that she believes the dogs are perfect. Ms. Benver discussed that the dogs are her sons' playmates and that she would really like the dogs to be able to stay at the property. Jim Dobbins, 5419 Fremont Avenue North, addressed the Council to say that he takes care of the dogs from time to time and finds the dogs to all be nice. 12/11/00 -6- Nancy Carlson, 6024 Aldrich Avenue North, addressed the Council to question the ordinance. Ms. Amacher - Malm's husband, Tom, addressed the Council to discuss that the dogs are not allowed to bark for a period of time and that their yard is well maintained. Jessica Hannon, 5426 Fremont Avenue North, addressed the Council to state she does not usually likes dogs; however, she likes these dogs and believes that they do not bark to a great extent. With no one else appearing a motion was made by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. Councilmember Peppe discussed this is an issue that goes back and forth. He suggested at this time the private kennel license application for Ms. Amacher -Maim is approved for a year -to -year basis and that the Council review this ordinance. Mayor Kragness stated that these are difficult issues for the Council to decide and that she agrees with Councilmember Peppe with the year -to -year renewal. She asked that the yard be maintained and that there be no additions to the four dogs. Councilmember Hilstrom stated that she believes that a license should be granted for a year -to -year basis, not to exceed three years, since the owners have proven to be responsible with the dogs and expressed that the ordinance needs to be reviewed and that a standard needs to be set. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to reverse City Manager's decision of denial for private kennel license at 5420 Fremont Avenue North, and to approve a one -year private kennel license for four dogs that will expire December 10, 2001. Motion passed unanimously. Councilmember Peppe discussed this ordinance will be discussed in 2001. 160170 AVENUE NORTH, DENISE MUELLER A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. I Denise Mueller, 1601 70`'' Avenue North, addressed the Council to discuss her request for a private kennel license to keep three dogs. Ms. Mueller informed the Council that she had two dogs and that her in -laws were moving away from their farm and had to give up their dog. When she heard they were going to have the dog put to sleep she felt like she had to take responsibility for the dog and later found out about the ordinance. Ms. Mueller stated that she is a dog lover and that she believes a pet should be for a lifetime. She is trying to find a home for the third dog and if they cannot find a home for the third dog they will install a privacy fence if needed. 12/11/00 -7- Karen Sherwood, 6939 Irving Avenue North, addressed the Council to discuss that she lives next door to Ms. Mueller and that the dogs are well maintained. Ms. Sherwood discussed that she believes the reason for the dogs barking are the children and other dogs in the neighborhood. With no one else appearing a motion was made by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Peppe suggested an extension of 90 days to come in compliance with the ordinance. Councilmember Hilstrom asked Ms. Mueller what the life expectancy was of the third dog. Ms. Mueller believes that the dog does not have many more years to live since the dog is 11 years old and that she will continue to look for a home for the third dog. Councilmember Lasman asked what measures are being taken to find a home for the dog and if the application is granted if she will continue to try and find a home for the third dog. Ms. Mueller stated that she wants the dog to be stay within the family or be given to someone she knows will take good care of the do and that she may have some relatives that might take the do � g g Y . g g Councilmember Hilstrom discussed that she has been in favor of some licenses and not in favor of some licenses and that the Council needs to review the ordinance and make the ordinance an issue to be a better standard. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to reverse City Manager's decision of denial for private kennel license at 1601 70 Avenue North, and to approve a one -year private kennel license for three dogs that will expire December 10, 2001, and that Ms. Mueller continue to look for a home for the third dog and not to get another dog if one of the current dogs dies. Motion passed unanimously. 7b. DESTINATION PARK PLAN - PRESENATION BY BUD SORENSON - RESOLUTION RECEIVING DESTINATION PARK PLAN AND RENAMING CERTAIN PARKS AND THANKING THE PARK AND RECREATION COMMISSION FOR ITS INPUT Bud Sorenson, Park and Recreation Commission Chair, addressed the Council to present background information on the Destination Park Plan and request approval of the plan from the City Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 12/11/00 -8- A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-212 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECEIVING THE DESTINATION PARK PLAN AND RENAMING CERTAIN PARKS AND THANKING THE PARK AND RECREATION COMMISSION FOR ITS INPUT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7c. 2001 -2005 CAPITAL IMPROVEMENT PROGRAM - RESOLUTION APPROVING 2001 -2005 CAPITAL IMPROVEMENT PROGRAM Mr. McCauley discussed that the 2001 -2005 Capital Improvement Program continues the neighborhood street programs and asked Public Works Director Diane Spector to outline the program. Ms. Spector outlined the program and discussed the $30,328, 648 proposed expenditures. Councilmember Hilstrom left the table at 8:02 p.m. Mayor Kragness discussed that the staff had done a wonderful j ob planning for the program and that she appreciates all the hard work. A motion by Councilmember Peppe, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Councilmember Hilstrom returned to the table at 8:04 p.m. Ms. Carlson addressed the Council to discuss future street improvements not included in the Capital Improvement Program, and to request that the Council review the animal ordinance. Ms. Carlson stated that she walks a lot on the Mississippi Park trail and that with the park combined with the City of Minneapolis it is confusing to residents what the regulations are for animals running at large. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. 12/11/00 -9- i RESOLUTION NO. 2000-213 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING 2001 -2005 CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7d. CONSIDERATION OF 2001 BUDGET 1. APPROVE TAX LEVIES AND ADOPT PROPOSED FUND BUDGETS A. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 B. RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS C. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGET FOR THE GENERAL FUND D. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS E. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND F. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS G. RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS Mr. McCauley discussed the previous budget hearings that had been held on December 4 and 11, 2000, and provided an overview of the 3.95 percent or $319,964 increase in taxes before opening the public hearing. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 12/11/00 -10- Rick Crandall, 5317 Camden Avenue North, addressed the Council to discuss his tax statement and ask about his 60 percent tax increase. Mr. McCauley reviewed Mr. Crandall's statement and informed the Council that the increase was due to a property change classification. With no one else appearing a motion was made by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. Mayor Kragness commended staff on the work done to prepare the budget. RESOLUTION NO. 2000-214 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000 -215 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A FINAL TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000 -216 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGET FOR THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12/11/00 -11- I i I RESOLUTION NO. 2000-217 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE SPECIAL REVENUE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000-218 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000-219 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE ENTERPRISE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000 -220 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PROPOSED BUDGETS FOR THE INTERNAL SERVICE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 12/11/00 -12- 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KENT KORMAN Mayor Kragness read the resolution expressing recognition of and appreciation for the dedicated public service of Kent Korman. RESOLUTION NO. 2000-221 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KENT KORMAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. RESOLUTION EXPRESSING RECOGNITION AND APPRECATION OF PHIL CARRUTHERS FOR HIS DEDICATED PUBLIC SERVICE IN THE MINNESOTA HOUSE OF REPRESENTATIVES Councilmember Peppe read the resolution expressing recognition and appreciation of Phil Carruthers for his dedicated public service in the Minnesota House of Representatives. RESOLUTION NO. 2000-222 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECATION OF PHIL CARRUTHERS FOR HIS DEDICATED PUBLIC SERVICE IN THE MINNESOTA HOUSE OF REPRESENTATIVES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. RESOLUTION REQUESTING MN/DOT TO EVALUATE PLANNING FOR TH 100 RECONSTRUCTION TO DETERMINE IF IT WOULD BE FEASIBLE TO RECONSIDER THE CLOSING OF 50 ON THE WEST SIDE OF TH 100 12/11/00 -13- Mr. McCauley discussed that at its November 27, 2000, meeting the Council requested that the City formally request Mn/DOT to reconsider the closing of the southbound 50 Avenue slip ramp. This resolution would request Mn/DOT to review its plans for the reconstruction of TH 100 to determine if it would be possible for those construction plans to leave 50' open as a right -in right -out only access to TH 100 on the west side of the roadway. RESOLUTION NO. 2000-223 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION REQUESTING MN/DOT TO EVALUATE PLANNING FOR TH 100 RECONSTRUCTION TO DETERMINE IF IT WOULD BE FEASIBLE TO RECONSIDER THE CLOSING OF 50 ON THE WEST SIDE OF TH 100 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8d. RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MN/DOT REGARDING THE CONSTRUCTION OF THE RELOCATION OF FRANCE AVENUE Mr. McCauley discussed at its November 27, 2000, meeting the City Council approved a design option for France Avenue in connection with the reconstruction of TH 100, Segment 4. Mn /DOT had prepared a Memorandum of Understanding (MOU) for work to be completed in the 2002 construction. This resolution would authorize the City Manager and Public Works Director to execute the MOU with Mn/DOT prescribing the terms and conditions of the relocation of France Avenue. Councilmember Nelson stated that he would be voting against the resolution for the following reasons: 1. The access reduction to and from a significant portion of our City to and from our major State highway caused by reducing the access points from three to one without significant improvement in the remaining access; and the proposed rerouting or elimination especially of a State Aid road access; will be a community detriment and will have the potential to reduce property values in an area near our only two recreational lakes. 12/11/00 -14- 2. While the groundwater pollution on the Joslyn site, through which the proposed access must pass, may be contained, there is still enough of a concern about the migration of pollutants so that the proposed TH 100 reconstruction will not have a grade lower than its current grade as it passes under the Canadian Pacific Railroad bridge; the potential hazards from dioxins (one of the "deadly dozen ") on the site have not been evaluated; and children and even adults using the adjacent trails are going to be drawn toward the railroad, the lake, and the area of the site containing some of the greatest pollution. 3. The pre - determined route selected by City staff in February 1999 and accepted by the Minnesota Department of Transportation in April 1999 as the assumed official access route request of the City, which resulted in the incorporation of this route in Mn/DOT's predesign and request for funding for TH 100, Segment 4 reconstruction cannot be accepted in good conscience because there was no input from our residents, nor was there input from the City Council, our Planning Commission, or even the North Highway 100 Council; the pretense of such input after - the -fact may be considered a sham. RESOLUTION NO. 2000-224 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH MN /DOT REGARDING THE CONSTRUCTION OF THE RELOCATION OF FRANCE AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmembers Hilstrom, Lasman, and Peppe. Voting against: Councilmember Nelson. Motion passed. 8e. RESOLUTION AUTHORIZING THE DEVELOPMENT AND SOLICIATION OF PROPOSALS FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed this resolution would authorize to solicit proposals for Professional Services for Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements. 12/11/00 -15- RESOLUTION NO. 2000-225 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DEVELOPMENT AND SOLICIATION OF PROPOSALS FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8f. VIDEO GAMES AT THE COMMUNITY CENTER Mr. McCauley discussed the Community Center recently eliminated video games with violent or questionable content that would not support a family, friendly environment and the Community Center would like to propose a family, friendly environment policy that would promote recreation for residents of all ages. The purpose of this item is to request the City Council to affirm that this direction is consistent with the City Council's goals for the operation for the Community Center as a community resource. Councilmember Hilstrom noted that citizens had raised the issue of violent type games being removed and that it is important for residents to speak up to help make a difference. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to affirm the direction of making the Community Center a family, friendly environment. Motion passed unanimously. 8g. RESOLUTION REGARDING THE DISPOSITION OF REQUEST SUBMITTED BY MR. SAM BAXTER TO AMEND ZONING ORDINANCE REGARDING I -1 USES Mr. McCauley discussed at its November 13, 2000, meeting the City Council directed the Planning Commission to review the City's Zoning Ordinance and advise if there was reason to consider modification regarding allowing an indoor go -kart track as an allowable use in the I -1 zoning district. The Planning Commission reviewed the ordinance at a study session on November 30, 2000, and had made a recommendation for the City Council to deny the request to amend the Zoning Ordinance. The Planning Commission recommended that the City Council, if it concurs with the Planning Commission's recommendation, adopt a resolution regarding the disposition of request submitted by Mr. Sam Baxter to amend the Zoning Ordinance regarding I -1 uses. Sam Baxter, Fast Tracks Speedway, addressed the Council to discuss the recommendation made by the Planning Commission and to inform the City that he will continue to seek other locations to have an indoor go -kart track. 12/11/00 -16- Planning and Zoning Specialist Ron Warren discussed the issue with the Council. Councilmember Hilstrom discussed that the City is always looking for youth activities and Mayor Kragness indicated that she hopes that Mr. Baxter will continue looking for a place in the City of Brooklyn Center. RESOLUTION NO. 2000-226 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF REQUEST SUBMITTED BY MR. SAM BAXTER TO AMEND ZONING ORDINANCE REGARDING I -1 USES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8h. RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 Mr. McCauley discussed that this resolution would implement salaries and benefits for the calendar year 2001. RESOLUTION NO. 2000-227 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8i. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER Councilmember Hilstrom requested to review the summary of the City Manager's review before authorizing the addendum to the contract. Mr. McCauley requested to take a short recess to allow the summary to be provided to the City Council. The Council recessed at 8:58 p.m. and reconvened at 9:05 p.m. 12/11/00 -17- Mr. McCauley requested that the City Council approve the summary minutes along with the resolution if they concur with the summary. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the minutes from the December 4, 2000, special session. Motion passed unanimously. RESOLUTION NO. 2000-228 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8j. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) #86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2001 AND 2002 Mr. McCauley discussed this resolution would approve the contract for Law Enforcement Labor Services (LELS) #86 and the City of Brooklyn Center for the calendar year 2001 and 2002. RESOLUTION NO. 2000-229 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) #86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2001 AND 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Councilmember Hilstrom requested to speak on a personal note to thank the Council and staff of six years for helping to ensure that Brooklyn Center is a safe place to live. She indicated that she is looking forward to continue working with Brooklyn Center as she moves on to be the State Representative for District 47B. 12/11/00 -18- 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:09 p.m. Motion passed unanimously. Tl�'Lti�- City Clerk Mayor 0 12/11/00 -19-