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HomeMy WebLinkAbout2001 02-12 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 FEBRUARY 12, 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, and Bob 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. Dan Friedner from Welsh Companies and Don Griffen from Car Hop Auto Sales and Finance addressed the Council to discuss the possibility of Car Hop Auto Sales and Finance locating at 2105 57"' Avenue North. Paul Oman, resident of Twin Lake area, addressed the Council to request that the Council evaluate the possibilities regarding the Highway 100 project. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Lasman to adj ourn informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION Tim Johnson, Brookdale Covenant Church, offered the 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 7:02 p.m. 02/12/01 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob 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. 5. COUNCIL REPORT Councilmember Peppe reported that he attended the DARE Graduation at Evergreen Elementary School on January 30, 2001, and the Highway 100 Council meeting on February 8, 2001. Councilmember Nelson reported that he attended the DARE Graduation at Brooklyn Center High School on February 1, 2001, the We Care About Kids event on February 3, 2001, the Year 2000 Celebration Committee meeting on February 6, 2001, and the Highway 100 Council meeting on February 8, 2001. He also reported that the Council attended the City Council Facilitated Retreat on January 23, 2001. Councilmember Lasman reported that she attended the Fun in the Park Day on January 23, 2001, the Year 2000 Celebration Committee meeting on January 6, 2001, a Lioness meeting on February 8, 2001, and the 90 Birthday Celebration on February 10, 2001. Mayor Kragness reported that there was a time capsule started at the 90 Birthday Celebration and there was still some space if persons were interested in submitting something for the capsule that will be opened in 2011. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the January 22, 2001, study and regular sessions. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. 02/12/01 -2- GASOLINE SERVICE STATION Duke's Mobil 6501 Humboldt Avenue North Osseo - Brooklyn Bus Company 4435 68t' Avenue North Qwest Communications 6540 Shingle Creek Parkway MECHANICAL Albers Mechanical Contractors Inc. 200 West Plato Boulevard, St. Paul Alliant Mechanical 3650 Kennebec Drive, Eagan Auto Garage Door and Fireplace 9210 Wyoming Avenue North, Brooklyn Park Dave's Appliance Heating and Air 1601 37t'' Avenue NE, Columbia Heights Faircon Service 1891 West County Road C, Roseville Flare Heating 9303 Plymouth Avenue North, Golden Valley Guyer's Builder's Express 13405 15 Avenue North, Plymouth Maple Grove Heating and A/C 401 County Road 81, Osseo Marsh Heating and A/C 6248 Lakeland Avenue North, Brooklyn Park Modern Heating and A/C 2318 First Street NE, Minneapolis Riccar Heating and A/C 2387 Commercial Boulevard NW, Andover River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids Rouse Mechanical 1916 Nevada Avenue North, New Hope Royalton Heating and A/C 4120 85 ' Avenue North, Brooklyn Park Wenzel Heating and A/C 4131 Old Sibley Memorial Highway, Eagan RENTAL Renewal: 3701 47 Avenue North Donald Sobania 4806 Twin Lake Avenue Gregory Young Initial: 3613 47t'' Avenue North Ronnie Franklin 5101 Eleanor Lane Allen and Carlene Potaczek 2741 Freeway Boulevard Motel 6 SIGN HANGER Crosstown Sign 10166 Central Avenue NE, Minneapolis Sign A Rama 829 Marquette Avenue, Minneapolis Twin Cities Sign Images 17201 113"' Avenue North, Osseo TOBACCO RELATED PRODUCT Duke's Mobil 6501 Humboldt Avenue North 02/12/01 -3- APPROVAL OF APPLICATION TO CONDUCT EXCLUDED RAFFLE FROM THE ORCHARD LANE PTA FOR AN EVENT TO BE HELD AT ORCHARD LANE ELEMENTARY SCHOOL ON MARCH 2, 2001 A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve application to conduct excluded raffle from the Orchard Lane PTA for an event to be held at Orchard Lane Elementary School on March 2, 2001. Motion passed unanimously. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE APPLICATION) FROM NORTH HENNEPIN COMMUNITY COLLEGE FOUNDATION FOR AN EVENT TO BE HELD AT THE EARLE BROWN HERITAGE CENTER ON APRIL 20, 2001 A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve application for exemption from lawful gambling license (raffle application) from North Hennepin Community College Foundation for an event to be held at the Earle Brown Heritage Center on April 20, 2001. Motion passed unanimously. 6c. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY RESOLUTION NO. 2001-25 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION APPROVING CHANGE ORDER NOS. 2 AND 3, IMPROVEMENT PROJECT NOS. 2000-01,02, AND 03, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2001 -26 Councilmember Lasman introduced the following resolution and moved its adoption: 02/12/01 -4- RESOLUTION APPROVING CHANGE ORDER NOS. 2 AND 3, IMPROVEMENT PROJECT NOS. 2000-01,02, AND 03, CONTRACT 2000 -13, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PRESENTATION FROM FINANCIAL COMMISSION REGARDING FUND BALANCE TARGETS AND POLICY AMENDMENT Financial Commissioner Mark Nemec presented background information regarding the recommendation of the Financial Commission to amend the policy to set the cash balance targets for the Water Fund at $1,000,000. The Financial Commission subcommittee considered a report from the Public Works Director Diane Spector regarding a catastrophic event. Ms. Spector's report indicated that a well would not be replaced in a catastrophic event and that the need for filters on the wells costing approximately $800,000 was more for a realistic catastrophic event. The cash balance target previously included a component of 15 percent of the next year's budget for operating cash. In light of the reduced catastrophic event, the subcommittee recommended increasing the operating cash component to 20 percent of the next year's budget that would decrease the Water Fund cash balance target from $1,650,000 to $1,000,000. Councilmember Nelson expressed thanks for all the work that the Financial Commission has provided to the City Council. A motion by Councilmember Nelson, seconded by Councilmember Peppe to adopt Financial Commission's recommendation and amend policy to set the Water Fund target cash balance at $1,000,000. Motion passed unanimously. 8. PUBLIC HEARING 8a. AN ORDINANCE VACATING THE TH 252 SERVICE ROAD FROM 65 TO 66 AVENUE NORTH -THIS ITEM WAS FIRST READ ON JANUARY 8,2001; PUBLISHED IN THE OFFICIAL NEWSPAPER ON JANUARY 17,2001; AND IS OFFERED THIS EVENING FOR SECOND READING AND PUBLIC HEARING City Manager Michael McCauley discussed that this ordinance vacating the TH 252 Service Road from 65`' to 66 " Avenue North is necessary and part of the redevelopment for TH 252. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. 02/12/01 -5- No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001 -01 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING THE TH 252 SERVICE ROAD FROM 65 TO 66 AVENUE NORTH The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING WE CARE ABOUT KIDS MONTH Councilmember Nelson discussed that he had suggested that the Proclamation be amended to read in past tense since the date had passed for an event to be held in regards to We Care About Kids. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt Proclamation Declaring We Care About Kids Month as amended. Motion passed unanimously. 9b. AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCE OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES Mr. McCauley discussed that the Minnesota Legislature made a law effective that would allow cities to raise the maximum fines for violations of City Ordinances previously at $700 to $1,000. This ordinance amending the penalty sections would reflect the changes in Minnesota Statutes and raise the maximum fines for violations of City Ordinances previously at $700 to $1,000. Councilmember Lasman questioned if the increase had to be included in all ordinances. Mr. McCauley responded that it would be more orderly to have the same range of penalties, however the actual penalty is imposed by the court system, which reflects the varying levels of seriousness of individual violations. 02/12/01 -6- A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve the first reading and set second reading and public hearing for March 21, 2001. Motion passed unanimously. 9c. NEW COUNCIL MEMBER ORIENTATION Mr. McCauley requested that the Council set May 7, 2000, 6:00 p.m. for an orientation of a new Council Member and to continue the orientation after the Board of Equalization meeting if needed. A motion by Councilmember Lasman, seconded by Councilmember Nelson to set May 7, 2001, 6:00 p.m. for the new Council Member orientation and to continue orientation after the Board of Equalization meeting if needed. Motion passed unanimously. 9d. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. McCauley discussed that Hennepin County had notified the City that its share of the 2001 Urban Community Development Block Grant (CDBG) funds would be $242,294. This funding requires that one of the three objectives be met: benefiting low and moderate - income persons, preventing or eliminating slums and/or blight, and meeting urgent community needs. The City is proposing to undertake the activities of rehabilitation of private property and neighborhood public service projects. A public hearing on the housing and community development needs and the City's proposed use of the 2001 CDBG funds will be held on March 12, 2001. RESOLUTION NO. 2001-27 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. AN ORDINANCE RELATING TO TELECOMMUNICATIONS ANTENNAS IN THE RIGHT OF WAY; AMENDING BROOKLYN CENTER CODE SECTION 25 -1008, SUBD. 3, AND ADDING NEW SUBDIVISION 5 TO SECTION 25 -1006 Mr. McCauley discussed that this ordinance amendment relating to telecommunications antennas in the right of way would prohibit antennas in the right of way other than as minor attachments to existing utility poles. 02/12/01 -7- The public hearing on March 12, 2001, will be for the changes which would allow the Director to limit the height of any above ground facility and adds an addition that restricts antenna facilities in the right of way to mounting on existing structures. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for March 12, 2001. Motion passed unanimously. 9E STAFF REPORT RE: I- 94/694 CONCEPTUAL PLAN APPROVAL Mr. McCauley discussed that the City Council will be asked to consider conceptual plan approval for the I- 94/694 project at its February 26, 2001, meeting and requested Public Works Director Diane Spector to outline the project for any questions that the Council may have regarding approval of this plan. Ms. Spector outlined the project that consists of the following: reconstruction of County Road 81 and Broadway bridges, reconstruction of the Hemlock Lane bridge and interchange, addition of a third lane from just west of Brooklyn Boulevard to Weaver Lake Road, and replacement of the pavement from approximately Dupont to Weaver Lake Road. Also a part of this project would be the addition of some miscellaneous auxiliary lanes, construction of several storm water detention ponds, construction of a small amount of new noise wall, and rehabilitation (painting and repair) of the existing noise wall. Work in the Brooklyn Center area would not begin until Spring 2003. As this project progresses many residents are concerned that Mn/DOT would acquire their homes to widen the freeway in Brooklyn Center. Mn/DOT has assured staff that all the roadway work will occur within the existing right of way. Ms. Spector discussed a noise study had been completed and that one area of new noise wall is suggested in the Brooklyn Center segment of the project, with no modifications other than painting and repairing to the remainder of the wall. Mn/DOT will be installing a new pavement as part of this project that has resulted in a 1 -2 dB reduction in pavement noise. Ms. Spector informed the Council that Mn/DOT is no longer interested in Orchard Lane Park as a site for a pond and continues to pursue the North Memorial ambulance facility site and a revised south site option. Plans for the pond design will not be approved at the preliminary plan approval for the proj ect since much more design work will be required. A design could possibly be ready this fall for the pond. Councilmember Nelson questioned if the ponds had to be on the highway side of the noise walls. Mr. McCauley discussed that maintenance is an issue for Mn/Dot if the ponds are not on the highway side. 02/12/01 -8- Councilmember Peppe stated that he would be interested in the cost of sound wall sizes and that maybe the City could contact State Representatives to help with funding. Mr. McCauley will have staff pass this information to Mn/DOT. A motion by Councilmember Lasman, seconded by Councilmember Peppe to accept report. Motion passed unanimously. 9g. STAFF REPORT RE: HALIFAX TRAFFIC STUDY Mr. McCauley discussed that there has been considerable interest in eliminating cut through traffic on Halifax Drive. This issue was studied in 1998 in response to resident concerns about the speed and volume of traffic on Halifax, particularly cut through traffic from Brooklyn Boulevard bypassing the traffic signal at 63` Avenue. Several options were considered and the results found that although cut through traffic was annoying to some residents, overall it was low volume and there was not a compelling traffic safety reason to make a physical change to Halifax Drive. A survey of affected residents was made and did not identify a consensus among property owners as to what, if anything should be done to Halifax Drive. Based on feedback from residents at a neighborhood meeting held in November 1999, and January 2001, a new survey was conducted to residents on Halifax Drive. The new survey included two options. One option was to do nothing and leave traffic flow as it does today. A second option was to construct a "right -out only" onto Brooklyn Boulevard from Halifax Drive. With the second option it will not be possible for anyone to turn right from Brooklyn Boulevard onto Halifax Drive. Mr. McCauley reported that there had been 17 responses from the second survey conducted that would prefer to have a "right -out only ". Five responses preferred to do nothing and leave the connection to Brooklyn Boulevard as it is today. Council discussed the style that would be used if constructed to a "right -out only ". Joel Doheny, 6321 Halifax Drive, addressed the Council to discuss that he believes the option of a "right -out only" would be an excellent option for the time being but that eventually he would like to see the area closed. Mayor Kragness informed Mr. Doheny that emergency and safety issues would be a reason for not closing the area. 9h. REPORT ON SNOWMOBILES Mr. McCauley reported signs were requested at Twin Lake Park to reduce the number of snowmobilers using Highway 100 right of way and the property at Beach Condominiums. These signs are in the process of being made and will be installed to help reduce snowmobile traffic. Council discussed the area, and if it would be enforced, who will be doing the enforcement. Mr. McCauley informed the Council that it would be the Sheriff s Department enforcing the area. 02/12/01 -9- A motion by Councilmember Lasman, seconded by Councilmember Nelson to accept report. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:55 p.m. Motion passed unanimously. City Clerk Q Mayor 02/12/01 -10-