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HomeMy WebLinkAbout2001 11-26 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 NOVEMBER 26, 2001 WEST FIRE STATION — TRAINING ROOM 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 Tim Ricker. Councilmember Peppe was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM The Council adjourned informal open forum at 6:59 p.m. 2. INVOCATION A moment of silence was offered. 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. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Tim Ricker. Councilmember Peppe was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 11/26/01 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was spoken. 6. COUNCIL REPORT Councilmember Nelson reported that he attended the League of Minnesota Cities Policy Adoption Conference on November 16, 2001, and that School District No. 281 will be holding their 4" Annual "We Care About Kids" on February 2, 2002. Councilmember Lasman reported that she attended a Crime Prevention meeting on November 14, 2001, and a Year 2000 Committee meeting on November 16, 2001. At the Crime Prevention meeting Chief Joel Downer discussed the new Chaplin's Program that will be started and at the Year 2000 Committee meeting, the Brooklyn Center Birthday Celebration was discussed. If persons are interested in more information regarding the upcoming Birthday Celebration they can contact Sue LaCrosse at the Community Center. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Ricker to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Ricker to approve the minutes from the October 29, 2001, joint worksession with the Financial Commission, November 13, 2001, study and regular sessions, and the November 19, 2001, joint worksession with the Financial Commission. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Ricker to approve the following list of licenses. Motion passed unanimously. CHRISTMAS TREE SALES LOT PQT Company 5040 Brooklyn Boulevard PQT Company 3245 Bass Lake Road Malmborg's Inc. 5120 North Lilac Drive 7c. SET SPECIAL MEETING ON DECEMBER 10, 2001, 5:30 P.M. AT WEST FIRE STATION FOR CITY MANAGER'S EVALUATION 11/26/01 -2- A motion by Councilmember Lasman, seconded by Councilmember Ricker to set special meeting on December 10, 2001, 5:30 p.m. at West Fire Station for City Manager's evaluation. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED AMENDMENT TO 2001 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION REALLOCATING URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING EXECUTION OF ANY THIRD PARTY AGREEMENT City Manager Michael McCauley discussed that the proposed amendment to the 2001 Community Development Block Grant (CDBG) Program would reallocate CDBG funds from the rehabilitation of private property to funds for Shingle Creek Towers. This resolution would authorize and direct the Mayor and City Manager to execute any required third party agreement on behalf of the City. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Jim Winkles, a representative from AMCON, address the Council to discuss that AMCON would like to purchase Shingle Creek Towers and provide major renovation to the building and maintain it as affordable rental housing. Mr. Winkles discussed the renovation needed and that they are seeking funding for the renovations from the Hennepin County's Affordable Housing Incentive Fund (AHIF) and the Minnesota Housing Finance Agency (MHFA). The MHFA has already approved funding of $750,000 and the request of $400,000 from the AHIF is still being considered. Mayor Kragness questioned the concerns she had received regarding management once the work is done. Mr. Winkles informed the Council that AMCON will be bringing on a third party management firm to handle the construction and security issues and that there will be a meeting on December 6, 2001, to discuss with the residents issues and concerns they have about the building and security. Mr. Winkles informed the Council that they are working hard on the details and that he is hoping to start the project as soon as possible. Councilmember Ricker questioned if the financing does not come through from the AHIF if AMCON will be able to continue with the project. Mr. Winkles informed the Council that they have done everything they can and it will be difficult if the funding is not approved. It is very important to receive all the funding requested for this project. Dennis Cornelius, Project Manager for AMCON, discussed that the project is estimated to be over four million dollars and that there are major renovations needed on the building. 11/26/01 -3- Councilmember Lasman questioned extra features that had been previously discussed and if they would continue to work on those extra features. Mr. Cornelius informed the Council that the structure will be as is now and that they are improving the structure, not adding any extra features. A representative by the name of Melissa from the Minnesota Senior Federation addressed the Council to discuss the concerns regarding tax credits. She informed the Council that they would be making request that the City contact the MHFA to ask for federal funding. g q Y . g Judy Thorbus, 6265 Brooklyn Drive, address the Council to inquire about the current occupancy of residents, ratio mix, and the financing percentage receiving tax credits. Mr. Winkles discussed that the project is 100 percent affordable and that it is a 236 Project, with occupancy at 165 and 71 of them being seniors. A motion by Councilmember Lasman, seconded by Councilmember Ricker to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-166 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REALLOCATING URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING EXECUTION OF ANY THIRD PARTY AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. LUTHERAN SOCIAL SERVICES TAX - EXEMPT FINANCING PROJECT - RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF REVENUE NOTES BY THE CITY OF BRAINERD, MINNESOTA, UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, TO FINANCE PROPERTY FOR THE BENEFIT OF LUTHERAN SOCIAL SERVICE OF MINNESOTA Mr. McCauley discussed this resolution would approve and authorize the issuance of revenue notes by the City of Brainerd under Minnesota Statutes, Sections 469.152 through 469.165, as amended, to finance property for the benefit of Lutheran Social Service of Minnesota, a portion of a project located in the City of Brooklyn Center. A motion by Councilmember Lasman, seconded by Councilmember Ricker to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 11/26/01 4- A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-167 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF REVENUE NOTES BY THE CITY OF BRAINERD, MINNESOTA, UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, TO FINANCE PROPERTY FOR THE BENEFIT OF LUTHERAN SOCIAL SERVICE OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING JOEL DOWNER IN APPRECIATION FOR HIS DEDICATED PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Kragness read the resolution recognizing Joel Downer for his dedicated public service from January 2, 1973 through December 31, 2001. RESOLUTION NO. 2001-168 Councilmember Ricker introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING JOEL DOWNER IN APPRECIATION FOR HIS DEDICATED PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. SET DECEMBER 10, 2001, 6:30 P.M. AT WEST FIRE STATION FOR RECEPTION HONORING POLICE CHIEF JOEL DOWNER A motion by Councilmember Lasman, seconded by Councilmember Nelson to set December 10, 2001, 6:30 p.m. at the West Fire Station for a reception to honor Joel Downer. Motion passed unanimously. 9c. MAYORAL APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION 11/26/01 -5- Mayor Kragness requested ratification of Nicole Bauernschmidt, 6212 Kyle Avenue North, for the Northwest Hennepin Human Services Council Advisory Commission nomination with term expiring December 31, 2002. A motion by Councilmember Lasman, seconded by Councilmember Ricker to ratify Mayoral nomination of Nicole Bauernschmidt. Motion passed unanimously. 9d. RESOLUTION ACCEPTING OFFER ON THE SALE OF $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A, AND PROVIDING FOR THEIR ISSUANCE Mr. McCauley discussed that proposals had been received and suggested that the City's Financial Advisor Robert Thistle from Springsted Inc., present the results of the bids. Mr. Thistle addressed the Council to inform them that three bids had been received and that his recommendation would be to award the bid to United Bankers' Bank. Mr. Thistle discussed that the rate United Bankers' Bank had was a little higher than anticipated, but still an attractive rate. He also advised that Moody's confirmed the City's A -1 bond rating based on many positive evaluations of the City and its financial condition. RESOLUTION NO. 2001-169 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON THE SALE OF $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A, AND PROVIDING FOR THEIR ISSUANCE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 Mr. McCauley requested that the Council table this item since staff had not been able to establish contact with the property owners involved. A motion by Councilmember Lasman, seconded by Councilmember Nelson to table this resolution. Motion passed unanimously. 11/26/01 -6- i 9E STATUS REPORT ON I -694 THIRD LANE PROJECT - RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY OWNED PARCELS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION - RESOLUTION DECLARING REPLACEMENT LAND PARCEL ADJACENT TO CENTRAL PARK TO BE NON - SIGNIFICANT AND AUTHORIZING THE CONVEYANCE OF THE PARCEL OF LAND Mr. McCauley discussed that this item before the Council has two resolutions that would authorize the re- conveyance of various parcels and informed the Council that the recommendation by the Park and Recreation Commission regarding a proposed easement is not incorporated into either resolution due to elevation concerns. Mr. McCauley requested Public Works Director Diane Spector to provide a brief overview of the project and discuss the two resolutions. Ms. Spector discussed that the City Council approved conceptual plans for the I -94 Third Lane Project but withheld approval of the pond locations until further study was completed. Since then, drainage design has been completed throughout the I -94 Corridor and the Minnesota Department of Transportation (Mn/DOT) is proposing to construct ponds on parcels owned by the City and private owners. To accomplish what is proposed two resolutions had been prepared that would authorize the conveyance of City owned parcels to Mn/DOT and declare replacement land parcel adjacent to Central Park to be non - significant and authorizing the conveyance of the parcel of land. Representatives from Mn/DOT Frank Pafco, Beth Neuendorff, and Scott Pederson, were present to discuss the drainage design and answer any questions from the Council. Mayor Kragness questioned how much additional land was requested and if the amount of land that would separate the ponds from the highway was adequate so that cars would not plunge into the ponds if they were to veer off the road. Mr. Pederson informed the Council that approximately '/2 of new land was requested and that Mn/DOT will proceed with the normal right -of -way process. Mr. Pafco discussed that there would be 30 feet out of the clear zone designed with a slope that would make the area safe. Councilmember Nelson inquired about the sound wall construction. The Council was informed that the sound wall construction would have the same color as the whole project to Maple Grove. Mr. McCauley stated that staff would be conducting a survey seeking the resident's preference for placement of the new sound walls in the area of the project. Councilmember Ricker questioned the value of land and how the resident's value of property would be protected. Mr. Pafco advised Mn/DOT would go through its normal appraisal process. 11/26/01 -7- Mr. Pafco informed the Council that the land went through previous mitigation and Mr. McCauley discussed that in one of the resolutions, language is included to give assurance to protect the City from loss costs or damages for violation of any covenant or agreement restricting conveyance of the replacement land. Councilmember Nelson questioned whether a trail would be considered as part of this project. Ms. Spector informed the Council that a trail was previously discussed however will not be proposed. Mr. McCauley informed the Council that staff would continue work with Mn/DOT for the final approval of the project and in that process request better and more signing in Brooklyn Center. RESOLUTION NO. 2001-170 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY OWNED PARCELS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001-171 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING REPLACEMENT LAND PARCEL ADJACENT TO CENTRAL PARK TO BE NON - SIGNIFICANT AND AUTHORIZING THE CONVEYANCE OF THE PARCEL OF LAND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Patricia Weitzel, 4418 66" Avenue North, addressed the Council to question the scale and when the land would be acquired from the homeowners for the project. Ms. Neuendorff informed Ms. Weitzel that the scale was the same as previously discussed and that the land would be acquired soon since the land needs to be acquired before the six months before the letting date of the project. The letting date of the project is scheduled for November 2002. 9g. AN ORDINANCE ESTABLISHING THE CENTRAL COMMERCIAL OVERLAY DISTRICT -THIS ITEM IS OFFERED THIS EVENING FOR FIRST READING AND APPROVAL OF SECOND READING AND PUBLIC HEARING ON JANUARY 14, 2002. 11/26/01 -8- Mr. McCauley discussed the Planning Commission reviewed Chapter 35 and is making a recommendation to the City Council that they adopt an ordinance establishing the central commercial overlay district. The overall purpose of the ordinance is to establish guidelines to protect and enhance this defined area. A motion by Councilmember Ricker, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for January 14, 2002. Motion passed unanimously. 9h. RESOLUTION SUPPORTING CONTINUED OPERATION OF NEIGHBORHOOD SCHOOLS BY INDEPENDENT SCHOOL DISTRICT NO. 279 Mr. McCauley discussed that the Council at its study session discussed the possible closure of schools in Brooklyn Center and that the Council would like to direct staff to prepare a resolution supporting continued operation of neighborhood schools by Independent School District (ISD) No. 279. A motion by Councilmember Nelson, seconded by Councilmember Ricker to direct staff to prepare a resolution supporting continued operation of neighborhood schools by ISD No. 279, and to adopt the resolution supporting continued operation of neighborhood schools by IDS No. 279. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Ricker to adjourn the City Council meeting at 8:16 p.m. Motion passed unanimously. j r) o� */,� ' City Clerk Mayor/ 11/26/01 -9-