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HomeMy WebLinkAbout2002 02-11 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 FEBRUARY 11, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL I CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. 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. Diane Niesen 5107 East Twin Lake r ed the Council to inquire about the a e add ess e q agenda format. She wanted to know how she 1 r Council t discuss an item n h n o e wou d address the Coun o o the agenda since it was not a g Y g ublic hearing item. Mayor Kragness informed Ms. Niesen that she would need to p raise her hand and inform the Council that sh e would w speak to the Council. Ms. Niesen stated d like to p she might like to address the Council regarding agenda item IOe, Staff Report Re: Status of Improvement Project No. 2002 -04, France Avenue Relocation. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION Donn Escher 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 7:01 p.m. 02/11/02 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that on January 31, 2002, she attended the D.A.R.E. Graduation for Earle Brown Elementary School and the Special Events Committee meeting. On February 7, 2002, she attended another Special Events Committee meeting to prepare final plans for the 91" Birthday Party. She reported that the 91" Birthday Party was well attended and it was a great time. Councilmember Peppe reported that he attended Thunder Alley's Grand Opening and the event was well attended. He recommended that people visit the new facility and that it is a great place for the young. On February 9, 2002, he attended the 91" Birthday Party and stated that the people who had put together the event did a fantastic job and that it was a nice turnout. Councilmember Ricker reported that he had been out of town the past 10 to 14 days and that he had nothing to report. Councilmember Nelson reported that he attended the Special Events Committee meetings on January 31 and February 7, 2002, the 91 Birthday Party on February 9, 2002, and the Grand Opening of Thunder Alley. He wanted to mention that the Annual Prayer Breakfast would be on April 13, 2002, that the Heritage Festival will be held on March 17, 2002, from 12:00 p.m. to 4:00 p.m., and that there will be classes providing English as a second language on Wednesdays and Thursdays from 6:00 p.m. to 8:00 p.m. at Northport School. Mayor Kragness offered condolences to the family of Darlene Luther. Mayor Kragness reported that she attended the D.A.R.E. Graduation on January 29, 2002, at Evergreen Park Elementary, and the Special Events Committee meetings. She shared an award that the City of Brooklyn Center received for participation of community service and a recognition from the District No. 286 School Board recognizing the City for the cooperation and collaboration demonstrated by the committees, the City Manager, and the Brooklyn Center City Council as the new Earle Brown Elementary School is planned. 02/11/02 -2- 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the January 28, 2002, study session and regular session. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL General Sheet Metal Corp. 2330 Louisiana Avenue North, Minneapolis Randy & Ruth Inc. 4595 Otter Lake Road, White Bear Lake RENTAL Renewal: 1706 71 st Avenue North Patricia Sandeen 5837 Brooklyn Boulevard Duane Ferguson 6230 Kyle Avenue North Warren McLaughlin 4207 Lakeside Avenue N, #134 William & Linda Bjerke Initial: 2401 -03 54th Avenue North Robert Messersmith 5332 -36 Russell Avenue North Douglas Ryan 3206 Thurber Road Mains'1 Services, Inc, Teresa Williams TAXICAB Chukwudi Okeke 6720 Cedar Avenue, Richfield 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE ANOKA COUNTY PHEASANTS FOREVER FOR AN EVENT TO BE HELD ON MARCH 9, 2002, AT THE EARLE BROWN HERITAGE CENTER A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve application submitted by Anoka County Pheasants Forever for an event to be held on March 9, 2002, at the Earle Brown Heritage Center. Motion passed unanimously. 02/11/02 -3- 7d. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FROM THE NORTH HENNEPIN COMMUNITY COLLEGE FOUNDATION FOR AN EVENT TO BE HELD ON APRIL 19, 2002, AT THE EARLE BROWN HERITAGE CENTER A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve application submitted by North Hennepin Community College Foundation for an event to be held on April 19, 2002, at the Earle Brown Heritage Center. Motion passed unanimously. 7e. RESOLUTION DECLARING SURPLUS PROPERTY RESOLUTION NO. 2002-18 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2002-19 Councilmember Nelson 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 SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 02/11/02 -4- 8. PUBLIC HEARING 8a. IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS - RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Engineer Todd Howard provided an overview of the project that included a summary explanation, proposed assessments, project timeline, and recommended that the resolution be adopted for ordering the improvements and authorizing the development of plans and specifications for the project before opening the public hearing. A motion by Councilmember Lasman, seconded Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Tony Kuefler, 5943 Abbot Avenue North, addressed the Council to discuss that he was in favor of the project and to commend staff for an excellent job with the materials provided to the residents on the project. Blossom Robinson, 5912 Xerxes Avenue North, addressed the Council to inquire about the assessment calculations. Mr. Howard provided the information she requested. Joseph Cloutier, 5907 York Avenue North, addressed the Council to discuss the concern he had with 59 Avenue North being a cut - through and suggested that something also be done about the speed. Mr. Howard informed Mr. Cloutier that traffic had been discussed at both neighborhood meetings and there had been a wide range of proposals since the 1990's; however, there has been no consensus on a plan. Vilas Mindrum, 3312 61' Avenue North, addressed the Council to question whether or not there would be interest charged on the assessments if paid over ten years, a problem with a drain backing up once a year, and the apron and two trees on his property. Mr. Howard stated that interest would be applied if assessment is paid over ten years, that it is the resident's responsibility to have drainage problem researched, that the apron will have to be ten feet or ten percent of the driveway, and that the two trees would be gone if the sewer were to be dug. Patricia Cloutier, 5907 York Avenue North, addressed the Council to discuss that her sewer had backed up causing damage in her basement and questioned if her street would be scheduled for sewer replacement during this project. Mr. Howard informed her that York Avenue North was scheduled for sewer replacement. 02/11/02 -5- Leonard Lane, 6012 Washburn Avenue, addressed the Council with his concern of the first notice being notification of the public hearing and nothing before that notice. Mr. Howard apologized and informed Mr. Lane that he would like to discuss the project with him personally. Harlan Daudt, 6000 York Avenue North, addressed the Council to question if his driveway could be wider than proposed during the construction. Mr. Howard stated that the City would need notification of the request. Yung Chin Yiu, 5836 Upton Avenue, addressed the Council to request a description of the money relating to this project. Mr. Howard informed Mr. Yiu that the information had been presented at the two neighborhood meetings and that a feasibility report could be provided for his review. Al Forsman, President of American Little League, addressed the Council requesting information on how the assessment was calculated for the property at 6030 Vincent Avenue North. Mr. Howard informed Mr. Forsman that the plat map shows a 79 -foot frontage and that the commercial rate had been applied to the property. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2002-20 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2002-05,06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2002-001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE REDEVELOPMENT OF THE SUPERAMERICA CONVENIENCE STORE /GAS STATION AT THE SOUTHWEST CORNER OF 57TH AND LOGAN AVENUES NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 31, 2002, MEETING. 02/11/02 -6- - RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC -AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57TH AND LOGAN AVENUES NORTH) Planning and Zoning Specialist Ron Warren briefly outlined Planning Commission Applications 2002 -001 requesting rezoning and site and building plan approval through the Planned Unit Development process for the redevelopment of SuperAmerica convenience store /gas station at the southwest corner of 57`'' Avenue and Logan Avenues North, and 2002 -002 requesting for preliminary plat approval to subdivide and combine three parcels into two lots at the southwest corner 57' Avenue and Logan Avenues North. The Planning Commission recommended approval of both applications at its meeting on January 31, 2002. Planning Commission Application 2002 -001 had been approved subject to the following conditions: • The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. • The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. • The utilization of the property as proposed under the Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a gasoline station to abut R -I zoned property; a building encroachment into the 35 ft. buffer area where the property abuts with 5639 Logan Avenue North; and a less than 15 ft. greenstrip along the 57th Avenue North right of way line. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. • The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. • The Planned Unit Development proposal appears to be a good long -range use of the existing land and this redevelopment can be considered an asset to the community. • In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. 02/11/02 -7- • The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. • Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. • A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. • B -612 curb and gutter shall be provided around all driving and parking areas. • Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. • The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. • An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. • Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. Specifically, identification signs shall not be allowed on the canopy, nor shall the faces of the canopy be internally or externally lit. Canopy signs may only be allowed in lieu of other permitted freestanding signs. • The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. • The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. • All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. • The applicant shall provide appropriate erosion control during construction as approved by the City's Engineering Department. • No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2002 -002 has been modified, given final approval by the City Council and filed with Hennepin County. 02/11/02 -8- • The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. • Approval of the application acknowledges that the south wall of the building shall contain only one emergency exit with lighting consistent with that shown on the development plan. • All lighting fixtures, whether freestanding or beneath the canopy, will have the light source completely enclosed and will have flat and flush lenses. • The applicant shall use fuel dispenser mounted fueling point specific microphones and speakers for required communications with customers at the pump island areas. • No car wash facilities are comprehended as part of this development plan nor will such facilities be allowed in the future. • The development plan shall be modified prior to the issuance of building permits in the following manner: a. to include the 8' X 130' conveyance of land to the property at 5639 Logan Avenue North. b. to show the extension of sidewalk between the building and existing sidewalk on Logan Avenue North. Mayor Kragness questioned the previous leakage from the tanks at that location. Mr. Warren discussed that it is proposed to have the tanks replaced as part of the construction. Councilmember Lasman questioned the lighting in the back of the building and if the neighbors abutting the road of that building were okay with the proposed lighting. Mr. Warren informed the Council that the concern from the neighbors was bright lighting and that the door at that location of the building will be for emergencies. It was felt that less lighting would bring less activity in that area. Councilmember Nelson questioned the long -range concerns about the access at the location and questioned whether or not SuperAmerica would be open to amending the greenspace back five feet to allow for roadway expansion if needed in the future. Michael Cronin, SuperAmerica representative, addressed the Council to discuss that the plans proposed are final plans and if the greenspace is moved back five feet it would bring the plan five feet into residential area. 02/11/02 -9- Councilmember Nelson questioned whether or not the building could be shifted to provide more room to turn at the location. Mr. Cronin stated that it certainly could; however, he believes that the plan proposed allows room to move and will ease circulation. Mr. Cronin informed the Council that he would prefer not changing this proposed plan and that he believes that it maximizes benefits and is the best package to provide for the neighbors in the area and reflects the meetings with the neighbors and the neighbors requests. Mayor Kragness thanked Mr. Cronin for all his work with the proposal and for working so well with the neighbors. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2002 -001 subject to the above listed conditions. Motion passed unanimously. RESOLUTION NO. 2002-21 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002-001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 57t' and Logan Avenues North) and set second reading and public hearing for March 11, 2002. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2002-002 SUBMITTED BY MARATHON ASHLAND PETROLEUM. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE AND COMBINE THREE PARCELS TOTALING 79,496 SQ. FT. (1.825 ACRES) INTO TWO LOTS AT THE SOUTHWEST CORNER OF 57TH AND LOGAN AVENUES NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 31, 2002, MEETING. Mr. McCauley discussed that Mr. Warren had included the discussion of this item with agenda item 9a. The Planning Commission recommended approval of this application at its January 31, 2002, meeting subject to the following conditions: 02/11/02 -10- • Final plat is subject to review and approval by the City Engineer. • The final plat is subject to the provisions of Chapter 15 of the City Ordinances. • Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2002 -001. • The plat shall be modified to include the lot at 5639 Logan Avenue North and the proposed 8 ft. conveyance to be attached to that lot. Survey data shall be submitted to the City Engineer and the final plat shall include this lot. • Building permits for construction of the SuperAmerica building comprehended under Planning Commission Application No. 2002 -001 shall not be issued until the final plat has been received by the City Council and filed with Hennepin County. A motion b Councilmember Lasman seconded b Councilmember Pe e to approve Planning Y Y pp pp g Commission Application No. 2002 -002 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR FAMILY FUN ACTIVITIES Mayor Kragness discussed that the Brooklyn Center Lions Club had donated $600 to be designated for support of Family Fun Day Activities and that this resolution expresses appreciation for the gift. RESOLUTION NO. 2002 -22 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR FAMILY FUN ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10b. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2002 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 02/11/02 -11- Mr. McCauley discussed that Hennepin County had notified the City that its share of the 2002 Urban Hennepin County Community Development Block Grant (CDBG) Funds is $234,516 and that this amount decreased $7,778 over last year's allocation. This resolution would call for and set March 11, 2002, for a public hearing on the proposed CDBG Funds. RESOLUTION NO. 2002-23 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2002 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. RESOLUTION OF THE CITY OF BROOKLYN CENTER APPROVING HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY'S PARTICIPATION IN THE SHINGLE CREEK TOWER PROJECT Mr. McCauley discussed that the Hennepin County Housing and Redevelopment Authority (HCHRA) had approved a loan of $400,000 to AMCON for the Shingle Creek Tower project through its Affordable Housing Incentive Fund (AHIF) and that they are requesting approval from the City before they move forward with the project. Councilmember Lasman made a motion to approve the resolution. Councilmember Peppe discussed that he believes this issue needs more discussion and wanted to know how the City could be protected against any problems that might occur in the future. Mr. McCauley informed the Council that the issue is a complicated one and that if the Council were not to approve this resolution it would create the possibility of losing the funds for the project. Councilmember Ricker questioned what would happen if the renting market goes bad in the future and what would be the City's responsibility for the building. He stated that he believes the Council needs more facts before approving this resolution and suggested conditions be an absolute for the development agreement. Mayor Kragness reminded the Council that they had asked for help from the County Commissioner on getting funding and approval for this project. Community Development Director Brad Hoffman addressed the Council to discuss the project history and some of the concerns that Councilmember Peppe and Councilmember Ricker had on the proj ect. 02/11/02 -12- He explained the resolution this evening does not finalize the project and that the development agreement approval for the project would finalize the project. The development agreement approval for the project will be on the March 11, 2002, agenda. Council further discussed the issue and concerns that might arise if the project moves forward. Councilmember Ricker stated that he would like conditions added and Councilmember Peppe stated that safeguards are needed and should be added to the development agreement. Mayor Kragness questioned if this item could be tabled to the March 11, 2002, meeting to allow for research to be done. Mr. McCauley stated that the item could be tabled and suggested that staff be directed to explore this issue with the City Attorney. Councilmember Lasman withdrew her motion to approve the resolution. Councilmember Nelson made a motion, seconded by Councilmember Peppe to table this resolution to the March 11, 2002, meeting, and to direct staff to explore this issue with the City Attorney and provide an update on the progress at the February 25, 2002, meeting. Motion passed unanimously. 10d. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002-01,02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed that this resolution would accept the engineer's feasibility report, calls for a public hearing for the improvements in the Southwest area, and postpones improvements on 47"' and 48 Avenues North until at least 2004. RESOLUTION NO. 2002 -24 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, 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 Peppe. Motion passed unanimously. 02/11/02 -13- 10e. STAFF REPORT RE: STATUS OF IMPROVEMENT PROJECT NO. 2002- 04, FRANCE AVENUE RELOCATION Mr. McCauley briefly discussed the previous history and the anticipated timeline for the project along with informing the Council that at its February 25, 2002, meeting the Council would have on the agenda approval for plans and specifications, advertisement for bids, State Aid designation/removal, cooperative agreement with the Minnesota Department of Transportation (Mn/DOT), and to proceed with easements not on the Joslyn site. If these items are not approved the contract cannot be awarded for construction. Chris Thompson from Geomatrix addressed the Council to discuss the findings of the Response Action Plan (RAP) and informed the Council that Geomatrix oversees the work associated with the Azelia Avenue extension and that all work is documented into the RAP and then submitted to the Minnesota Pollution Control Agency (MPCA). The MPCA will be discussing the RAP at an Open House on March 12, 2002. Mr. McCauley requested City Attorney Charlie LeFevere to discuss the City's liability. Mr. LeFevere discussed the information that he prepared and distributed to the Council on the liability associated with the project. After Mr. LeFevere's discussion on liability he informed the Council that they had been practical to prevent liability standards and are doing what they can legally do at this point. Mr. LeFevere discussed further details relating to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Minnesota Environmental Response and Liability (MERLA) that also was referenced in his materials. Mr. LeFevere explained that the City should not become involved in a lawsuit; however, it could possibly happen. Councilmember Peppe questioned who would be moving the wells, when the move will take place, and if the City could be held responsible for liability after the move. Mr. McCauley discussed that it is still to be determined. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to provide copies of letters that were dated from June 28, 2001, and July 24, 2001, for Mr. O'Keefe to review. Mr. O'Keefe stated that he believes that the liability with Mn/DOT is not any different than what the City's liability would be and that the liability risk is low. Ms. Niesen questioned who was invited from the MPCA to this meeting. Public Works Director Diane Spector informed Ms. Niesen that the people who were associated with the project were invited and named John Healy and a new person from the MPCA. Ms. Niesen informed the Council that she had spoken with other representatives from the MPCA, who she believed are involved in this project, and that they were not aware of this meeting. 02/11/02 -14- Ms. Niesen stated that she believes even though the City Attorney provided a legal opinion, the City Council might want to check with Jerry Stahnke from the MPCA for an opinion. Ms. Niesen feels that there is a lawsuit written all over this project and that the Council needs to be aware that according to Mr. Stahnke BARR Engineering did not submit a response to Mn/DOT. 11. ADJOURNMENT A motion by Councilmember Ricker, seconded by Councilmember Peppe to adjourn the City Council meeting at 10:16 p.m. Motion passed unanimously. e City Clerk Mayor 02/11/02 -15-