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Home My WebLink About2000 02-14 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 14, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:49 p.m. ROLL CALL Mayor Pro Tem Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:55 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 Pro Tern Debra Hilstrom at 7:01 p.m. 02/14/00 -1- 4. ROLL CALL Mayor Pro Tern Debra Hilstrom, Councilmembers Kay Lasman, Ed Nelson, and Robert Peppe. Mayor Myrna Kragness was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Year 2000 Celebration Committee meeting on February 8, 2000, and the Brooklyn Center 89th Birthday Celebration on February 11, 2000. Councilmember Nelson reported that he attended the 89th Birthday Celebration on February 11, 2000, and discussed the importance of participation in the upcoming Year 2000 events. 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 January 18, 2000, work session, the January 24, 2000, study session and regular session, and the February 7, 2000, work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. UTILIZE EXPLOSIVES WITH CONDITIONS Cropmate Company 4821 Xerxes Avenue North TAXICAB James Ledlum 5308 Ponds Drive North 02/14/00 -2- RENTAL Renewal: Lake Shore Apartments Curtis Erickson 3206 Thurber Road Jeffrey Kelzer Initial: 4207 Lakeside Ave N 4134 William & Linda Bjerke 7240 West River Road Nedzad Ceric 5403 Knox Avenue North Kathleen Parker 6c. RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC UTILITY HOOKUP CHARGES RESOLUTION NO. 00 -26 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC UTILITY HOOKUP CHARGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB AND CHASSIS FOR THE AERIAL BUCKET TRUCK RESOLUTION NO. 00 -27 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB AND CHASSIS FOR THE AERIAL BUCKET TRUCK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 02/14/00 -3- 6e. RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB AND CHASSIS FOR SANITARY SEWER UTILITY MAINTENANCE TRUCK RESOLUTION NO. 00 -28 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE TRUCK CAB AND CHASSIS FOR SANITARY SEWER UTILITY MAINTENANCE TRUCK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING SECTION 35 -310 OF THE BROOKLYN CENTER CODE OF ORDINANCES, DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USES IN R -1 DISTRICTS City Manager Michael McCauley discussed that the Council, at its January 10, 2000, meeting entered into an agreement with Independent School District No. 286 regarding construction of temporary classrooms at Earle Brown Elementary School. The Planning Commission met on January 13, 2000, and discussed the ordinance that would amend Section 35 -310 of the Brooklyn Center Code of Ordinances, Designating Temporary Classrooms as Interim Uses in R -1 Districts. The Planning Commission recommended one minor language revision in Section 1, 3.a.2. as follows: "At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site." This ordinance amendment was introduced on January 10, 2000, published in the official newspaper on January 19, 2000, and is offered this evening for a second reading and public hearing. The minor language revision is incorporated into the final version; however, its omission from publication is not substantial and has no effect upon the ordinance's validity. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. 02/14/00 -4- L i A motion by Councilmember Peppe, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 00 -02 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING SECTION 35 -310 OF THE BROOKLYN CENTER CODE OF ORDINANCES, DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USES IN R -1 DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 7b. AN ORDINANCE PROVIDING FOR THE SALE OF LOT 2, BLOCK 1, HORBAL ADDITION IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed the Council reviewed the lease agreement and the ordinance providing for the sale of the Humboldt Liquor Store to Independent School District No. 286 at its January 10, 2000, meeting and introduced the first reading. The ordinance providing for the sale of Lot 2, Block 1, Horbal Addition is offered this evening for second reading and public hearing. 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 Peppe, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 00 -03 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE PROVIDING FOR THE SALE OF LOT 2, BLOCK 1, HORBAL ADDITION IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 02/14/00 -5- 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BROOKLYN CENTER Mr. McCauley explained that the Council previously adopted a resolution to submit the Comprehensive Plan to the Metropolitan Council for review. The Metropolitan Council requested various modifications and clarifications to the plan. Council and staff have identified that the household growth estimates established by the Metropolitan Council in the Comprehensive Plan are not consistent with the City's anticipated development and goals. Mr. McCauley asked Planning and Zoning Specialist Ron Warren give an overview of the plan. Mr. Warren gave an overview of the time line and the process used to complete the plan. He informed the Council that the Planning Commission recommended approval of the plan on January 27, 2000, following a public hearing with required legal notice and numerous meetings conducted by the Comprehensive Plan Task Force. Councilmember Hilstrom stated her concerns about the targets for increased density. RESOLUTION NO. 00 -29 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8b. STAFF REPORT RE: SCHOOL CROSSING AND CROSSWALK SIGNS Mr. McCauley reported that new crosswalk signs with a fluorescent yellow green color had been installed throughout the City. City staff, John Harlow, Marc Booth, and Scott Crocker were able to secure $12,500 worth of sign materials from Mn/DOT at no cost. These signs should provide increased safety at all the pedestrian crossings throughout the City. Councilmember Lasman commended staff on their quick efforts and saving the City money. A motion by Councilmember Lasman, seconded by Councilmember Peppe to receive report. Motion passed unanimously. 02/14/00 -6- 8c. STAFF REPORT RE: PALMER LAKE TRAIL GRANT APPLICATION Mr. McCauley reported that staff had submitted a grant application to the National Recreation Trail Program to assist in funding $60,000 for the Palmer Lake Trail improvements scheduled to begin this fall. The estimated cost of the project is $120,000 and there is $100,000 budgeted for this project in the 2000 Capital Improvements Fund. Results of the grant application should be available by mid summer. If the grant funding is denied the project will go forward in fall 2000. Mr. McCauley identified a number of previous grants that Ms. Spector and her staff had secured for City projects. A motion by Councilmember Peppe, seconded by Councilmember Nelson to receive report. Motion passed unanimously. 8d. RESOLUTION URGING LEGISLATIVE DELEGATION TO OPPOSE ANY CONTINUATION OR FURTHER IMPOSITION OF LEVY LIMITS Mr. McCauley discussed this resolution recommends and requests that the City's legislative delegation oppose any efforts to extend or impose levy limits in the 2000 Legislative Session. RESOLUTION NO. 00 -30 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION URGING LEGISLATIVE DELEGATION TO OPPOSE ANY CONTINUATION OR FURTHER IMPOSITION OF LEVY LIMITS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed. Mayor Pro Tern Hilstrom abstained from the vote. 8e. RESOLUTION SUPPORTING EQUITABLE FEDERAL POLICY ON INTERNET SALES TAXES Mr. McCauley discussed this resolution urges Senator Rod Grams, Senator Paul Wellstone, and Congressman Jim Ramstad to support legislation authorizing state and local governments to require the collection of legally due sales and use taxes on goods and services sold in the state, remittance of those taxes to the purchasers' state, and to require states to distribute tax revenues to cities and towns pursuant to precedent and applicable state law. RESOLUTION NO. 00 -31 Councilmember Lasman introduced the following resolution and moved its adoption: 02/14/00 -7- RESOLUTION SUPPORTING EQUITABLE FEDERAL POLICY ON INTERNET SALES TAXES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8f. RESOLUTION AUTHORIZING CITY MANAGER TO ENGAGE SERVICES OF FABYANSKE WESTRA AND HART, P.A. TO PROVIDE LEGAL REPRESENTATION REGARDING POLICE AND FIRE CONSTRUCTION PROJECTS Mr. McCauley discussed this resolution would authorize him to engage the services of Fabyanske Westra and Hart, P.A. to represent the City and to provide expert advise and assistance to the City in resolving and finalizing the various contracts related to the construction of the police and fire stations. RESOLUTION NO. 00-32 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO ENGAGE SERVICES OF FABYANSKE WESTRA AND HART, P.A. TO PROVIDE LEGAL REPRESENTATION REGARDING POLICE AND FIRE CONSTRUCTION PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the meeting at 7:32 p.m. Motion passed unanimously. City Clerk Mayor 02/14/00 -8- l