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Home My WebLink About2002 03-13 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 13, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL 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, and Bob Peppe. Councilmember Tim Ricker was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Bob Vose, and City Clerk Sharon Knutson. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council regarding a letter she submitted to the Council dated March 5, 2002. She expressed concern regarding the estimated total cost of $2 million listed on the wetland permit application submitted to the Shingle Creek Watershed Management Commission to route the roadway over the Joslyn site. She said at the November 27, 2000, meeting the Council chose Option 2 based on cost, and now that cost has almost doubled from the original estimate of $1,055,000. She said she now has information that the estimates to re -route around the Joslyn site would cost substantially less. She spoke with a representative from Mn/DOT about delaying the project. She requested the Council reconsider its options for the France Avenue relocation. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council regarding a letter he submitted to the Council on March 7, 2002. He urged the Council to reconsider the France Avenue realignment. He expressed concern that serious safety issues need to be considered and costs for all options need to be reviewed again. ADJOURN INFORMAL OPEN FORUM There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn Informal Open Forum at 6:55 p.m. Motion passed unanimously. 03/13/02 -1- 2. INVOCATION Deacon Bob May, St. Alphonsus Church, offered the invocation. FLAG CEREMONY Boy Scout Troop 403 conducted a flag ceremony. 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 7:03 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember Tim Ricker was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad Hoffman, City Engineer Todd Howard, City Attorney Bob Vose, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited at the flag ceremony. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Brooklyn Center Special Events Committee meeting on February 28, 2002, to wrap up the events following the City's birthday celebration. She also attended the National League of Cities Conference in Washington, DC, from March 7 through 11. She will provide a full report at the next City Council meeting. Councilmember Nelson reported he attended the National League of Cities Conference in Washington DC, from March 7 through 11. He reviewed some of the sessions he attended and was pleased to have had the opportunity to represent Brooklyn Center at the conference. Mayor Kragness reported that on March 12, 2002, she attended a Hennepin County Welfare to Work Committee meeting and reviewed the program. She also attended a Minneapolis North Metro Convention and Tourism Bureau meeting on March 13, 2002. She said the Convention and Tourism Bureau started the Metro North Shuttle, a shuttle service from lodging establishments to the Minneapolis /St. Paul International Airport. She noted that a new Mexican restaurant, Vallarta's, is open for business. 03/13/02 -2- 7. APPROVAL OF AGENDA AND CONSENT AGENDA It was noted that Item No. 9f, Resolution Requesting a Variance From Standards for State Aid Operations, 53rd Avenue North/Old Osseo Road Improvements, State Aid Project No. 109 - 114 -01, was added to the agenda. Councilmember Lasman requested an amendment to the February 25, 2002, Regular Session meeting minutes. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes of the February 25, 2002, Study Session and Regular Session, noting an amendment to the last paragraph on page 7 to read as follows, "Councilmember Lasman indicated that the Council feels citizen input is valuable. She said Staff had indicated that a delay of 30 days is not a significant problem and could, in fact, be positive by allowing citizen input; therefore, she supports further work on the ordinance." Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Owens Companies, Inc. 930 E 80th St, Bloomington Pete's Repair, Inc 8835 Xylon Ave N, Brooklyn Park Superior Contractors, Inc. 6121 42nd Ave N, Crystal RENTAL Renewal: 2913 64th Ave N Patricia Simmon 4703 68th Ave N Bernard McDonough 4408 69th Ave N Eugene & Diane Wright 4100 Lakebreeze Ave N Bruce Waage 5400 -02 Russell Ave N Bruce & Karen Vanderschaaf Earle Brown Farm Apartments Earle Brown Farm Apartments Garden City Court Apartments Vizma Podnieks Initial: 4207 Lakeside Ave N #226 Charles Krumrie TAXICAB Nelson Ndege 8100 81" Avenue North, Brooklyn Park 03/13/02 -3- 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (BINGO/RAFFLE APPLICATION) FROM EARLE BROWN ELEMENTARY PTA FOR AN EVENT TO BE HELD AT THE EARLE BROWN ELEMENTARY SCHOOL ON APRIL 5, 2002 There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve an application for exemption from lawful gambling license (bingo /raffle application) from Earle Brown Elementary PTA for an event to be held at the Earle Brown Elementary School on April 5, 2002. Motion passed unanimously. 7d. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER RESOLUTION NO. 2002 -31 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH) City Manager Michael McCauley said the plat had not been filed and requested Council to open the Public Hearing and take public input and then table this item to the March 25, 2002, meeting. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 57` and Logan Avenues North. Motion passed unanimously. No one appeared to speak. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to continue the Public Hearing to the March 25, 2002, City Council meeting. Motion passed unanimously. 03/13/02 -4- 8b. PROPOSED USE OF 2002 URBAN HENNEPIN COUNTY COMMUNTIY DEVELOPMENT BLOCK GRANT FUNDS - RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2002 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Mr. McCauley explained this is the Public Hearing for the proposed use of 2002 Urban Hennepin County Community Development Block Grant funds given to Brooklyn Center from Hennepin County from the federal government. He said that Brooklyn Center's share for 2002 is $234,516 and explained the proposed allocation as follows: $175,000 to Shingle Creek Tower Project; $22,000, to Household Outside Maintenance for the Elderly (H.O.M.E.); $13,00 to Community Emergency Assistance Program, Inc. (CEAP) for its HandyWorks chore services program; and $24,516 for rehabilitation of private property. He said one request was received from Home Line that was not included in the proposed allocation budget. Mr. McCauley explained that Home Line is geared toward assisting renters, and Council policy has been to approve funding for capital purposes to improve or maintain housing stock. Mayor Kragness inquired if Home Line had been included in the past; Mr. McCauley responded that it had not. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one appeared to speak. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Lasman inquired how residents find out about the availability of these funds. Mr. McCauley responded that residents seeking information about the rehabilitation loans can call City Hall and will be directed to a Hennepin County representative; he noted there is a waiting list. Mr. McCauley discussed the resolution before the Council to approve the use of the CDBG funds. He explained the resolution would be amended to approve funding for H.O.M.E., CEAP, and the rehabilitation program, would make monies available for the Shingle Creek Tower Project, but would not execute the agreement with Boca Limited Partnership without a subsequent resolution by the City Council. RESOLUTION NO. 2002-32 Councilmember Peppe introduced the following resolution and moved its adoption with an amendment to the last paragraph to read as follows: 03/13/02 -5- I "BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2002 CDBG Program, except that a Block Grant Assistance Agreement with Boca Limited Partnership shall not be executed until authorized by the City Council through a subsequent authorizing execution of an agreement with Boca Limited Partnership." RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2002 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution as amended was duly seconded by Councilmember Lasman. Motion passed unanimously. Mr. Jim Winkels of AMCON, the private developer proposing to purchase and renovate Shingle Creek Tower, addressed the Council regarding the Shingle Creek Tower project. He said there are a number of concerned residents from Shingle Creek Tower in the audience this evening and asked if Mr. McCauley could explain the process necessary for Council approval of the funding for the Shingle Creek Tower renovation. Mr. McCauley explained that this is a continuation of a process to participate in the Shingle Creek Tower rehabilitation. He said there are a number of funding sources involved, including both the City and Hennepin County. The resolution the Council adopted earmarks $175,000 for the project, and the development agreement will come before the City Council for approval when all funding sources are in place and the bonding agreement is ready for approval. Mr. Winkels addressed the Council and stated that both AMCON's attorney and the City Attorney have reviewed and agreed upon all issues relating to the Shingle Creek Tower Project and agreement. Mayor Kragness commented that the Council supports the Shingle Creek Tower renovation. 8c. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 03/13/02 -6- i Mr. McCauley explained that on a semi - annual basis the Council specially assesses those properties whose accounts have delinquent tree removal costs, weed removal costs, and public utility service accounts. He said there is an increase this year in the number of delinquent public utility service accounts. He added it is a better process to assess the property than to shut water off, as it is less intrusive to customers and safer for Public Works employees. There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one appeared to speak. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2002-33 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002-34 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2002 -35 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 03/13/02 -7- 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION OF THE CITY OF BROOKLYN CENTER APPROVING HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY'S PARTICIPATION IN THE SHINGLE CREEK TOWER PROJECT Mr. McCauley explained that Hennepin County Housing and Redevelopment Authority has proposed a $400,000 loan to AMCON for the Shingle Creek Tower renovation project. The County cannot move forward without City Council approval of the funding allocation to the project. RESOLUTION NO. 2002-36 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF BROOKLYN CENTER APPROVING HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY'S PARTICIPATION IN THE SHINGLE CREEK TOWER PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9b. RESOLUTION RECOGNIZING DIANE SPECOR IN RECOGNITION AND APPRECIATION FOR HER SERVICE TO THE CTIY OF BROOKLYN CENTER Mayor Kragness read the resolution. RESOLUTION NO. 2002 -37 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING DIANE SPECOTR IN RECOGNITION AND APPRECIATION FOR HER 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. 9c. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness read the resolution. 03/13/02 -8- RESOLUTION NO. 2002-38 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9d. PROCLAMATION DECLARING MARCH 2002 AS MINNESOTA FOODSHARE MONTH IN BROOKLYN CENTER Mayor Kragness read the proclamation. I There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to proclaim March 2002 as Minnesota FoodShare Month in Brooklyn Center. Motion passed unanimously. Mr. McCauley asked that the agenda order be amended, and Item No. 9f was discussed before Item No. 9e. 9e. DEMONSTRATION OF THE CITY WEB SITE Mr. McCauley demonstrated the City's web site, which is located at www.cityofbrooklyncenter.org. He explained the City had waited for the web site development tool offered through the League of Minnesota Cities. The League's product was less expensive and the chances of becoming orphaned in the future are substantially reduced. 9f. RESOLUTION REQUESTING A VARIANCE FROM STANDARDS FOR STATE AID OPERATIONS, 53 AVENUE NORTH/OLD OSSEO ROAD IMPROVEMENTS, STATE AID PROJECT NO. 109 - 114 -01 Mr. McCauley introduced City Engineer Todd Howard. Mr. Howard said the City Council held a Public Hearing at its February 25, 2002, meeting regarding the Southwest Area Neighborhood Improvement Project. The intersection of Old Osseo Road and 53` Avenue North was discussed at the Public Hearing, and Staff met with the owner of the affected property and discussed concerns related to its safety. He said it is recommended to pursue a design exception to avoid impacting the property at 5301 Brooklyn Boulevard and also for safety and traffic flow. Mr. Howard explained that STOP signs were discussed, but it was determined STOP signs would not be okay since there is a misconception that putting in STOP signs makes the intersection safe. The design variance request must be made to Mn/DOT, and the State Aid Variance Committee meets quarterly to review variances, with the next scheduled meeting set for March 21, 2002. Adoption of this resolution would enable the design variance request to be submitted at the next meeting. 03/13/02 -9- I i RESOLUTION NO. 2002 -39 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REQUESTING A VARIANCE FROM STANDARDS FOR STATE AID OPERATIONS, 53' AVENUE NORTH/OLD OSSEO ROAD IMPROVEMENTS, STATE AID PROEXT NO. 109 - 114 -01 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 7:51 p.m. Motion passed unanimously. `i�►�,e��c. City Clerk Mayor 03/13/02 -10-