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HomeMy WebLinkAbout2001 03-26 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 MARCH 26, 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 6:37 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Steve Wacha, 5724 Girard Avenue North, on behalf of the Duoos Brothers American Legion Post No. 630, addressed the Council to request financial assistance for a new American Legion Post No. 630. Mr. Wacha submitted a letter to the Council and discussed the financial needs in order to move forward with any purchasing of a new location for American Legion Post No. 630. Council discussed the request and what options the City would have to help the American Legion Post No. 630. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 03/26/01 -1- 4. ROLL A C LL 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported that he attended the National League of Cities Annual Congressional Conference that was held March 9 through March 13, 2001, and the Financial Commission meeting on March 22, 2001. Councilmember Peppe shared information that he had received at the Annual Congressional Conference and that he had a lot more information for the Council if they were interested. Councilmember Nelson reported that he attended the Housing Commission meeting on March 20, 2001, and shared that the Housing Commission has two items, fences and driveways, for City Council review on the April 2, 2001, work session agenda. Councilmember Lasman reported that she attended the Heritage Festival on March 18, 2001, the Park and Recreation Commission meeting on March 20, 2001, and the Crime Prevention meeting on March 21, 2001. Councilmember Lasman reported on the issues discussed at the Park and Recreation Commission meeting and the Crime Prevention meeting and shared 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, they should contact Sergeant Frank Roth at the Brooklyn Center Police Department. Mayor Kragness reported that she also attended the Heritage Festival on March 18, 2001, and commended the Chamber of Commerce Director and Valerie Jones with Northwest Hennepin Human Services Council on all the hard work for this event. Ms. Jones addressed the Council to provide history on the event and to discuss that the artwork comes from 6 7 and 8` graders from four different schools. 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. I 03/26/01 -2- ' I � 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the March 5, 2001, general worksession with Commission Chairs, and March 12, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Condor Fireplace and Stone 8282 Arthur Street NE, Spring Lake Park Enviro Design Group P.O. Box 386302, Minneapolis Golden Valley Heating 5182 West Broadway, Crystal Louis Degidio, Inc 21033 Heron Way, Lakeville Residential Heating and A/C 1815 East 41" Street, Minneapolis SouthTown Refrigeration 5610 W 36 Street, St. Louis Park RENTAL Renewal: 3018 51S Avenue North Paul Henkel 3612 55' Avenue North Lutheran Social Service 1100 69 Avenue North Lutheran Church of the Master 6018 Admiral Place Lutheran Social Service 4700 Lakeview Avenue North Nancy Dahlquist Carrington Drive Apartments Norman Chazin 6c. APPROVAL OF APPLICATION (EXCLUDED BINGO) FROM THE WILLOW LANE PTA FOR AN EVENT TO BE HELD ON MARCH 30, 2001, AT THE WILLOW LANE ELEMENTARY SCHOOL A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve an application for the Willow Lane PTA for an event to be held on March 30, 2001, at the Willow Lane Elementary School. Motion passed unanimously. 6d. APPROVAL OF REPORT ON CITY COUNCIL RETREAT A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the report on the City Council Retreat. Motion passed unanimously. 03/26/01 -3- i 6e. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY RESOLUTION NO. 2001-40 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6E RESOLUTION AUTHORIZING LETTERS OF AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES LOCALS NO. 82 AND 86 RESOLUTION NO. 2001-41 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING LETTERS OF AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES LOCALS NO. 82 AND 86 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. APPEARANCE BY PAUL HYDE, REAL ESTATE RECYCLING REGARDING 2000 NAIOP AWARD OF EXCELLENCE Paul Hyde with Real Estate Recycling appeared before the Council to present a replica of an award that Real Estate Recycling received from the National Association of Industrial and Office Properties ( NAIOP). Real Estate Recycling received an Award of Excellence for the Wickes Distribution Center in Brooklyn Center and wanted to thank the City of Brooklyn Center for all their help with the Wickes project. Mayor Kragness accepted the plaque and commended Mr. Hyde on the project. 03/26/01 -4- 8. PUBLIC HEARINGS 8a. CONTINUED PUBLIC HEARING IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION ORDERING IMPROVEMENTS FOR IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Manager Michael McCauley discussed that this public hearing was continued at the January 22, 2001, meeting since a four - fifths majority is required to order a public improvement and there were only three members at the January 22, 2001, meeting. The City Council approved the plans and specifications along with advertisement for bids at the March 12, 2001, meeting and this resolution would now approve the ordering of improvements for Garden City. A motion by Councilmember Nelson, seconded by Councilmember Lasman to open the continued Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-42 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. CONTINUED PUBLIC HEARING REGARDING A SPECIAL ASSESSMENT FOR DELINQUENT WEED REMOVAL COSTS - RESOLUTION CERTIFYING A SPECIAL ASSESSMENT TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley discussed this public hearing was continued for staff to review the property assessment at 6332 Regent Avenue North. 03/26/01 -5- i Staff had reviewed and found that all proper procedures were followed on the process of pending special assessments and that the resolution now includes the property at 6332 Regent Avenue North to be adopted for certifying special assessments for delinquent weed removal costs to the Hennepin County tax rolls. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the continued 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. RESOLUTION NO. 2001-43 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING A SPECIAL ASSESSMENT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2001-004 SUBMITTED BY BROOKLYN 55, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO THREE NEW LOTS THE PROPERTY AT 5445 XERXES AVENUE NORTH CONTAINING THE OLD TOYS R US BUILDING. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 15, 2001, MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 004 submitted by Brooklyn 55, LLC requesting preliminary plat approval to subdivide the property at 5445 Xerxes Avenue North, formerly owned and occupied by Toys R Us, into three lots. The Planning Commission recommended approval of this application at its March 15, 2001, meeting subject to the following six 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 Ordinances. 03/26/01 -6- 3. A revised storm and sanitary sewer easement in accordance with the recommendations of the City Engineer shall be provided over the proposed Lot 1 to protect existing utilities. 4. Cross access, parking, and utility agreements both existing and proposed shall be provided over the plat in a manner approved by the City Attorney. 5. The plat shall receive final approval by the City Council and be filed with Hennepin County prior to issuance of any building permits for development of the proposed Lots 2 and 3. 6. A deed restriction limiting the use of the mezzanine to storage or non - retail uses as drafted by the City Attorney shall be filed with the final plat. John Johannson on behalf of Brooklyn 55, LLC addressed the Council to discuss the timeframe of the project and the possibility of having the screening improved at the loading dock area. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2001 -004 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. SET DATE AND TIME TO CANVASS SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION Mr. McCauley requested that the Council set April 18, 2001, and May 2, 2001, at 5:00 p.m. to canvass the Special Primary Election that will be held on April 17, 2001, and the Special Election that will be held on May 1, 2001. A motion by Councilmember Lasman, seconded by Councilmember Nelson to set April 18, 2001, and May 2, 2001, at 5:00 p.m. for the canvass of the Special Primary Election and the Special Election. Motion passed unanimously. 10b. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER ORDINANCES RELATING TO COURTESY BENCHES IN THE RIGHT OF WAY Mr. McCauley discussed this ordinance amendment to Chapter 23 of the Brooklyn Center Ordinances relating to courtesy benches in the right of way would repeal the current ordinance and amend the ordinance to make changes requested by the Director of Public Works. 03/26/01 -7- A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for April 23, 2001. Motion passed unanimously. loc. AN ORDINANCE VACATING JUNE AVENUE FROM 69 TO 70 AVENUE FOR STREET PURPOSES (THIS ITEM RELATES TO THE REDEVELOPMENT PROJECT AT 69 AND BROOKLYN BOULEVARD) Mr. McCauley discussed that this ordinance amendment vacating June Avenue North from 69"' to 70" Avenue is required for the redevelopment project in the northwest quadrant of the 69"' Avenue and Brooklyn Boulevard project. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing for April 23, 2001. Motion passed unanimously. 10d. STAFF REPORT RE: CENTERBROOK GOLF COURSE STORAGE 00 O SE S GE BUILDING - RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 2001-14, CENTERBROOK STORAGE BUILDING CONSTRUCTION, AND MAKING AN APPROPRIATION Mr. McCauley reported that this resolution would order Improvement Project No. 2001 -14 for the Centerbrook Golf Course storage building which would be used for storing mowers, aerators, top dressers, golf carts, sand rakes, tools, hand pull carts, and some concession items. Councilmember Peppe left the table at 7:43 p.m. and returned at 7:44 p.m. Public Works Director Diane Spector discussed that the project is planned for 2002; however, may be done in 2001, and that the reason the location of the building was because soil corrections had been made at that location. I RESOLUTION NO. 2001-44 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 2001 -14, CENTERBROOK STORAGE BUILDING CONSTRUCTION, AND MAKING AN APPROPRIATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 03/26/01 -8- 10e. METROPOLITAN COUNCIL REQUEST TO PLACE HOLLMAN UNITS IN BROOKLYN CENTER Mr. McCauley suggested that the Council direct staff to respond to the Metropolitan Council's request by inviting them to come before the Council to further discuss their request so that the Council and the citizens of Brooklyn Center can get a better understanding of their request to place Hollman Units in Brooklyn Center. It was the consensus of the Council to have staff respond to the request with a letter inviting the Metropolitan Council make a community presentation regarding their proposal. lof. REPORT ON BROOKDALE Mr. McCauley reported that he had received an amended and restated development agreement; however, there was one attachment missing and the Estoppel Certificate is still being worked on. log. RESOLUTION AUTHORIZING XCEL ENERGY TO RECOVER THE COST OF UNDERGROUNDING BROOKLYN BOULEVARD ELECTRIC TRANSMISSION FACILITIES BY A SURCHARGE TO BROOKLYN CENTER XCEL CUSTOMERS Mr. McCauley discussed that before the Council this evening are two resolutions that would authorize Xcel Energy to underground overhead utilities on Brooklyn Boulevard, 65" Avenue to 63r Avenue to North City Limits, and Brooklyn Boulevard, 65t' Avenue to 63r Avenue. Ms. Spector discussed the estimated surcharge will not be known until the project is complete and that she was not sure if the amount will be indicated on residents billing statements, staff may have to educate residents on this issue. RESOLUTION NO. 2001-45 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65 AVENUE TO NORTH CITY LIMITS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 03/26/01 -9- RESOLUTION NO. 2001-46 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65 AVENUE TO 63` AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10h. STAFF REPORT RE: SPRING FLOODING POTENTIAL Ms. Spector reported that staff had met with Hennepin County Emergency Preparedness to assess spring flooding potential in Brooklyn Center and to review emergency response protocols. Based on information from the Corps of Engineers and the National Weather Service, Hennepin County believes that flood potential is limited to the Mississippi reach below Minneapolis. This is based on the assumption that snowmelt will proceed as it has recently with moderate days, nights below freezing, and low to moderate rainfall. Under the City's response to a potential flood event the City would do the following: • Notify persons that reside in an area which could be subject to flooding • Provide a contact person whom they can contact for help and information • Provide the most current flood information available • Provide sandbags and sand at cost to residents who desire them • Strongly recommend that eligible homeowners purchase flood insurance • Strongly recommend that individuals actively take steps to flood proof their properties through the construction of earthen dikes or dams It is recommended that the Flood Protection Contingency Plan be reaffirmed and that staff is directed to notify residents in areas of potential flooding of current conditions and of the City's Contingency Plan. A motion by Councilmember Lasman, seconded by Councilmember Peppe to reaffirm the Flood Protection Contingency Plan and direct staff to notify residents in areas of potential flooding. Motion passed unanimously. 03/26/01 -10- 11. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:01 p.m. Motion passed unanimously. 7VYUU - A/ . -- City Clerk Mayor O 03/26/01 -11-