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HomeMy WebLinkAbout2001 02-26 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 26, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The City Council continued from the study session into informal open forum at 6:44 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman and Ed Nelson. Councilmember Bob 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 Engineer Todd Howard, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Wayne Paulson, 5330 Colfax Avenue North, addressed the Council regarding the following issues: house at 57 Avenue North/Humboldt Avenue North, stop sign request at 53` Avenue North/Bryant Avenue North, and recent happenings regarding Brooklyn Center Fire Fighters. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lasman 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. 02/26/01 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman and Ed Nelson. Councilmember Bob 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 Engineer Todd Howard, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Conference of Experienced Elected Officials on February 16 and 17, 2001, the Housing Commission meeting on February 20, 2001, and the Northwest Suburbs Cable Commission meeting on February 21, 2001. Mayor Kragness reported that she also attended the Conference of Experienced Elected Officials on February 16 and 17, 2001. Councilmember Lasman reported that she attended the Parks and Recreation Commission meeting on February 20, 2001, the Crime Prevention meeting on February 21, 2001, and a reception with School District No. 279 to meet cultural coordinators. Councilmember Lasman informed the audience that the Crime Prevention Annual Awards Ceremony will be held on April 18, 2001, and that the Fundraising Golf Tournament will be on May 18, 2001. If any person was interested in sponsoring a hole for the golf tournament, persons should contact Sergeant Frank Roth at the Brooklyn Center Police Department. Councilmember Nelson commended City staff on the work of snowplowing recently in the City of Brooklyn Center. 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 February 12, 2001, study and regular sessions. 02/26/01 -2- 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Allied Fireside 2700 Fairview Avenue North, Roseville Blaine Heating and A/C 13562 Central Avenue NE, Anoka Centraire Heating and A/C 7402 Washington Avenue S, Eden Prairie Cronstom's Heating and A/C 6437 Goodrich Avenue, St. Louis Park Hansen Heating, Inc. 101142 nd Avenue NE, Columbia Heights Home Energy Center 15200 25"' Avenue N, Plymouth The Maintenance Team, Inc. 5599 W 78 Street, Edina Metropolitan Mechanical Contr. 7340 Washington Avenue S, Eden Prairie P & H Services Co. 160167"' Avenue North, Brooklyn Center Pete's Repair Inc 8835 Xylon Avenue North, Brooklyn Park Pierce Refrigeration 19202 "d Avenue South, Anoka Quality Refrigeration 6237 Penn Avenue South, Richfield Ron's Mechanical 12011 Old Brick Yard Road, Shakopee Sabre Heating and A/C 14505 21' Avenue North, Plymouth Standard Heating and A/C 410 W Lake Street, Minneapolis Suburban Air Conditioning 8419 Center Drive, Fridley Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park Total Comfort 12800 Highway 55, Plymouth Vogt Heating and A/C 3260 Gorham Avenue, St. Louis Park Yale, Inc. 9649 Girard Avenue South, Minneapolis RENTAL Renewal: 6109 -11 -13 Beard Avenue North James and Bobbie Simons 5239 -41 Drew Avenue North William Washington 1525 Humboldt Place North Kwi -Ha Wong 1531 Humboldt Place North Kwi -Ha Wong 4714 Lakeview Avenue North Roland Scherber 5900 Washburn Avenue North John & Gail Lambert Initial: 3501 47"' Avenue North Norene Miller 5256 Twin Lake Boulevard James Clobes SIGN HANGER Lawrence Sign Co. 945 Pierce Butler Route, St. Paul Suburban Lighting 6077 Lake Elmo Avenue North, Stillwater 02/26/01 -3- 6c. APPROVE APPLICATION (EXEMPTION FROM LAWFUL GAMBLING LICENSE) — RAFFLE FROM THE NATIONAL KIDNEY FOUNDATION OF MINNESOTA, INC. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve application from the National Kidney Foundation of Minnesota, Inc. for an event to be held on March 29, 2001, at the Earle Brown Heritage Center. Motion passed unanimously. 6d. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO XM SATELLITE RADIO, INC. FOR THE PURPOSE OF INSTALLING DIGITAL FM RADIO ANTENNAS RESOLUTION NO. 2001-28 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO XM SATELLITE RADIO, INC. FOR THE PURPOSE OF INSTALLING DIGITAL FM RADIO ANTENNAS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 2001-01,02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Manager Michael McCauley discussed that the City Attorney had brought it to his attention that the resolution before the Council this evening to order improvements and authorize development of plans and specifications for improvement project nos. 2001 -01, 02, and 03 would need to be amended since the number of Councilmembers present was not adequate for a formal vote on ordering the improvements for the project. Mr. McCauley suggested that the Council open the public hearing, take public input, continue the public hearing to March 26, 2001, and authorize an amended resolution to authorize development of plans and specifications for the project. The continued public hearing on March 26, 2001, would then be to order improvements for the project. 02/26/01 -4- City Engineer Todd Howard outlined the project before opening the public hearing. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Robert Schlegel, 6316 Halifax Drive, addressed the Council to discuss that the proposed right -out only onto Brooklyn Boulevard from Halifax Drive is an inconvenience for him and suggested the following: lowering the traffic speed and or installing a three -way stop sign at Halifax Drive and Grimes Avenue North. Joel Doheny, 6321 Halifax Drive, addressed the Council regarding the issue of the right -out on Brooklyn Boulevard from Halifax Drive and his concerns if the Council were to move forward with this option. A motion by Councilmember Nelson, seconded by Councilmember Lasman to continue the Public Hearing to March 26, 2001, at which time the ordering of improvements would take place. Motion passed unanimously. RESOLUTION NO. 2001 -29 Councilmember Nelson introduced the following amended resolution and moved its adoption: RESOLUTION AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on February 26, 2001, authorized consideration of street, storm drainage, and utility improvements in the area generally described as the "Garden City North ", consisting of the following streets: all streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63r Avenue North, and I -94. The project also includes Halifax Drive between Brooklyn Boulevard and 63r Avenue, France Avenue between Halifax Drive and Grimes Avenue between Halifax Drive and 63r Avenue. The proposed project does not include improvements to Xerxes Avenue, Brooklyn Boulevard, or 63r Avenue North; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, City staff, under the direction of the City Engineer are prepared to prepare plans and specifications for said project. 02/26/01 -5- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Engineer is authorized to prepare plans and specifications for said improvement. The motion for the adoption of the foregoing amended resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7b. AN ORDINANCE AMENDING CHAPTER 25 OF THE BROOKLYN CENTER ORDINANCES REGARDING MANAGEMENT OF RIGHT OF WAY Mr. McCauley discussed this ordinance amendment would bring the City up to date with the existing Public Utilities Commission (PUC) rules as well as create more consistency with the City's Ordinance and other agencies, and also make the changes necessary to prepare the City for the planned cable over builds expected this spring. A motion by Councilmember Lasman, seconded by Councilmember Nelson 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. 2001 -02 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 25 OF THE BROOKLYN CENTER ORDINANCES REGARDING MANAGEMENT OF RIGHT OF WAY The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 7c. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES REGARDING LICENSING OF RENTAL UNITS Mr. McCauley discussed that this ordinance amendment would require a rental dwelling license applicant to provide his/her full name and date of birth which is necessary in the event that the prosecuting attorney would need to take action against a rental dwelling property owner. 02/26/01 -6- I A motion by Councilmember Lasman, seconded by Councilmember Nelson 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. 2001 -03 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES REGARDING LICENSING OF RENTAL UNITS 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. 2001-002 SUBMITTED BY HARRY S. JOHNSON COMPANY, INC. (FOR MEDTRONIC, INC.). REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE THREE CONTIGUOUS PARCELS OF LAND AT 6700 THROUGH 6800 SHINGLE CREEK PARKWAY INTO A SINGLE PARCEL. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 15, 2001, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2001 -002 submitted by Harry S. Johnson Company, Inc. (for Medtronic, Inc.) to combine three contiguous parcels of land at 6700 through 6800 Shingle Creek Parkway into a single parcel subject to the following conditions: 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 Ordinance. 3. The plans shall be modified to show a ten -foot drainage and utility easement along the easterly line of the existing Tract D. 02/26/01 -7- A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -002 subject to the above listed conditions. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2001-03 SUBMITTED BY ARCHITECTURAL ALLIANCE (FOR MEDTRONIC, INC.). REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 9,974 SQ. FT. ADDITION TO THE BUILDING LOCATED AT 6800 SHINGLE CREEK PARKWAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 15, 2001, MEETING. Mr. McCauley discussed that this request for a site and building approval for a 9,974 sq. ft. addition to the building located at 6800 Shingle Creek Parkway was approved by the Planning Commission subject to the following 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 permits. 2. Grading and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop or on ground mechanic equipment shall be appropriately screened from view. 4. The building's fire extinguishing system and detection system shall be approved by the Building Official and Fire Chief and shall be monitored in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 6. The applicant shall submit an as built survey of the property, improvements, and utility service lines. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2001 -003 subject to the above listed conditions. Motion passed unanimously. 02/26/01 -8- 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION APPROVING THE I- 94/694 CONCEPTUAL PLAN Mr. McCauley advised that there were representatives present from the Minnesota Department of Transportation (Mn/DOT) to discuss the I- 94/694 conceptual plan being considered and informed the Council that there may be citizens present who would like to speak to the Council regarding the plans. Frank Pafco Area M for or Ramsey, Anoka, and North Hennepin Counties for Mn/DOT, addressed the Council to outline the conceptual plan that includes reconstruction of County Road 81 and Broadway bridges along with 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 Avenue North to Weaver Lake Road. Along with that reconstruction there would be an 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. Mr. Pafco informed the Council that an Environmental Assessment Worksheet had been published and that there had been open houses for public input regarding the plans. From those open houses the ponding issue and noise were the main concerns. Mr. Pafco discussed the plan to help with the noise in Brooklyn Center and the possible North Memorial site for a detention pond. Jerry Pedlar, representative from North Memorial, addressed the Council that North Memorial does have the site that Mn/DOT would like to acquire for a detention pond budgeted and proposed for an expansion of North Memorial for an EMS Education Center. At this time there are no plans approved, the approval of the expansion for an EMS Education Center would not be drafted until funding is approved for the site. Scott Pederson, Project Manager for Mn/DOT, addressed the Council to recap the plan previously discussed by Mr. Pafco and the Arnold and Chuck ponding areas. Mr. Pederson inform the Council that the construction in the Brooklyn Center area would happen in the spring of 2003. Jim Hansen, Environmental Services Planning Supervisor for Mn/DOT, addressed the Council to discuss the new pavement that is anticipated to help reduce noise by 1 -2 dB and the current noise wall that is proposed for modifications. Mr. Hansen informed the Council that Mn/DOT would like to have the current noise wall in Brooklyn Center replaced with newer concrete and if that does happen Mn/DOT would like to have input from City staff and residents regarding the color of the new wall. 02/26/01 -9- Patricia Weitzel, 4418 66 Avenue North, addressed the Council to share her concern regarding the noise in Brooklyn Center and to question a portion of the conceptual plan to install a noise wall at a location where there is nothing present along the freeway where the wall would be installed. Mr. Hansen informed the Council that there are apartments located at the location in question by Ms. Weitzel. RESOLUTION NO. 2001-30 Councilmember Nelson introduced the following resolution and moved its adoption with an amendment to the last portion of the resolution to read the following: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center of Brooklyn Center, Minnesota that said conceptual plan for the improvements of said Interstate with the corporate limits is hereby approved except as to location of a storm water detention pond in the segment between the west corporate limits and Brooklyn Boulevard. RESOLUTION APPROVING THE I- 94/694 CONCEPTUAL PLAN The motion for the adoption of the foregoing amended resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS AND THE FRANCE AVENUE RELOCATION PROJECT Mr. McCauley discussed, as indicated in the materials, this resolution would authorize the execution of a professional services agreement for the design of improvement project nos. 2002 -01, 02, and 03. RESOLUTION NO. 2001-31 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS AND THE FRANCE AVENUE RELOCATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 02/26/01 -10- 9e. REPORT ON SEIZURE OF BARKING DOGS City Attorney Charlie LeFevere reported that the request for an ordinance amendment to allow the Police Department to impound barking dogs would not be recommended and explained the practical and legal reasons which were included in the materials. Mayor Kragness discussed that this is an ongoing, frustrating issue and understands the liability, but questioned what other options the City can do to help the situation. The City Council discussed at the Council's study session the possibility of raising the fines. Mr. LeFevere responded that the court sets the fines and levels of punishment. Wayne Paulson, 5330 Colfax Avenue North, addressed the Council to question the response from Mr. LeFevere and suggest that the ordinance be modified to include that the hours of no barking dogs be set from 10:00 a.m. to 6:00 p.m. or 7:00 p.m., and that the fines become more per each offense. Council discussed the current tracking system and response process of complaints received and suggested that the tracking system may need to be tightened and that additional consequences may need to be incorporated. Councilmember Nelson requested that staff work on further researching what can be done and that a report be provided to the Council. 9d. MAYORAL APPOINTMENT OF NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness requested approval of her nomination of Elizabeth Davis to the Northwest Hennepin Human Services Council Advisory Commission. A motion by Councilmember Nelson, seconded by Councilmember Lasman to ratify Mayoral nomination of Elizabeth Davis. Motion passed unanimously. 9e. METROPOLITAN COUNCIL REQUST TO PLACE 10 UNITS IN BROOKLYN CENTER Mr. McCauley discussed the request from the Metropolitan Council to place 10 scattered site housing units in Brooklyn Center. This program is being undertaken under the Hollman Consent Decree in which the City of Minneapolis Housing Authority destroyed public housing and agreed to place scattered site locations to disperse a concentration of poverty. 02/26/01 -11- Staff has had little time to digest this request, nor has the community, Planning Commission, and City Council had an opportunity to receive information and have public discussions regarding this proposal. Mr. McCauley suggested that the Council table this item to the March 26, 2001, City Council meeting. It was the consensus of the Council to continue this discussion to the March 26, 2001, meeting. 9f. REQUEST FOR HERITAGE FESTIVAL CONTRIBUTION Mr. McCauley discussed that the City Council is being asked to approve a contribution of $500 to keep the City's past level of contributions for the Heritage Festival. The $500 will come from the 2001 City Council budget and if the event is continued next year, the 2002 budget will include a $500 budget line for the event under the Human Rights and Resources Coalition. Councilmember Lasman indicated that she is happy to see that the budget for 2002 includes an amount to be contributed so that the Council does not have to continue to approve contributions to this event. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve $500 contribution for the Heritage Festival. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:29 p.m. Motion passed unanimously. City Clerk Mayor I 02/26/01 -12- I