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HomeMy WebLinkAbout2000 02-28 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 28, 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 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. 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 6:46 p.m. Motion passed unanimously. 2. INVOCATION Sister Ann Marie Emon, St. Alphonsus Church, offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING s The Brooklyn Center City Council met m w called to order b regular session and a c y Mayor y Myrna Kragness at 7:01 p.m. h 02/28/00 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Engineer Scott Brink, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported on information she received at the Crime Prevention meeting on February 16, 2000. Councilmember Nelson reported that he attended the League of Minnesota Cities Legislative Conference on February 8, 2000, the Earle Brown Days Board meeting on February 17, 2000, and a Chamber Luncheon on February 17, 2000. Councilmember Nelson informed the Council and the audience that there is a State Youth Advisory Board being formed and that if any person is interested to call 651 -582 -1589. Mayor Kragness thanked Councilmember Hilstrom for serving as Mayor Pro Tem on February 14, 2000, while she was on vacation. 6. PRESENTATIONS 6a. COURTNEY BEDNARZ AND LAURIE REASONER REGARDING 2000 CENSUS PREPARATION ACTIVITIES Laurie Reasoner, Regional Technician for the Census Bureau, presented information to the Council on the 2000 Census. She reported that the 2000 Census is on its way and that they are looking for people who would like to help. She informed the Council that there are many ways to contact the Census Bureau if persons were interested in helping with the 2000 Census and that she will be leaving information at the front desk of City Hall. It is anticipated that by April or May there will be 1,000 employees working for the Census. Mayor Kragness asked if the information received would be available for other agencies. Ms. Reasoner informed Mayor Kragness and the Council that the information contained for the 2000 Census will be strictly for the Census. Census employees will have to take an oath when hired regarding the confidentiality of the information received. 02/28/00 -2- 7. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness requested to have Council Consideration Item 9a, Resolution Authorizing Execution of an Agreement with Metricom, Inc. to Allow Siting of Wireless Telecommunications Devices in City Right of Way, removed and placed on the Consent Agenda as Consent Agenda item 7f. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the minutes from the February 14, 2000, study session and regular session. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. COURTESY BENCH Ameribench Company 4215 Winnetka Avenue North, New Hope SIGN HANGER Sign Solutions 3810 West Broadway Avenue, Robbinsdale MECHANICAL Automatic Garage Door & Fireplace 9210 Wyoming Avenue N., Brooklyn Park Hansen Heating, Inc. 1011 42nd Avenue N., Columbia Heights RENTAL Renewal: 1706 71 st Avenue N. Richard Sandeen 3614 -16 50th Avenue N. Kjirsten Bjerke -Keena 7107 Palmer Lake Circle Chuck Hartell Initial: 5301 -05 Russell Avenue N. Korey Bannerman 02/28/00 -3- 7c. APPROVAL OF APPLICATIONS - EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE APPLICATION) - NORTH HENNEPIN COMMUNITY COLLEGE FOUNDATION ON APRIL 28 2000 AT THE EARLE BROWN HERITAGE CENTER - EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE APPLICATION) - MINNESOTA WATERFOWL ASSOCIATION (METRO CHAPTER) ON AUGUST 24, 2000, AT THE MINNEAPOLIS NORTH HILTON I - EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE APPLICATION) - DELTA WATERFOWL ASSOCIATION ON APRIL 20, 2000, AT THE MINNEAPOLIS NORTH HILTON A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve applications from North Hennepin Community College Foundation for an event on April 28, 2000, and Minnesota Waterfowl Association for events to be held on April 20, 2000, and August 24, 2000. Motion passed unanimously. 7d. RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -29, EARLE BROWN HERITAGE CENTER PARKING LOT RESOLUTION NO. 00 -33 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -29, EARLE BROWN HERITAGE CENTER PARKING LOT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE PURCHASE OF ONE ARTICULATING AERIAL DEVICE FOR THE 2000 FREIGHTLINER BUCKET TRUCK 02/28/00 -4- RESOLUTION NO. 00 -34 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE ARTICULATING AERIAL DEVICE FOR THE 2000 FREIGHTLINER BUCKET TRUCK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7f. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METRICOM INC. TO ALLOW SITING OF WIRELESS TELECOMMUNICATIONS DEVICES IN CITY RIGHT OF WAY RESOLUTION NO. 00 -35 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METRICOM INC. TO ALLOW SITING OF WIRELESS TELECOMMUNICATIONS DEVICES IN CITY RIGHT OF WAY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 2000-01,02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mayor Kragness commended City Engineer Scott Brink for all the work he had done on this project and informed the audience that Mr. Brink will be leaving the City of Brooklyn Center. Mr. Brink outlined the proposed project which includes roadway, storm drainage, and utility improvements for the Garden City Central neighborhood which consists of the following streets: all streets located east of Xerxes Avenue, west of Central /Garden City Park, south of I -94 and north of 61st Avenue, all streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63rd Avenue North, and 61st Avenue North, including 63rd Avenue from Brooklyn Boulevard to Brooklyn Drive. 02/28/00 -5- i Mr. Brink discussed that staff had been working to find alternatives which would reduce or eliminate the use of a portion of the park for a stormwater pond. Working together with the Shingle Creek Watershed Commission engineer, staff had developed an underground treatment option. The proposed option would be located under the park parking lot which would be expanded to provide more parking for the proposed soccer field. The underground system proposed is the V2B 1 Stormwater Treatment System. Council discussed the proposed option of the V2B 1 before opening the public hearing. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. David Adams, 2901 Nash Road, addressed the Council regarding the size of the pipe being installed and his concerns regarding damage being done if the pipe were to burst. He asked who would be responsible if the pipe were to break. Public Works Director Diane Spector informed Mr. Adams that mostly likely that would not happen and that if it were to happen the City's insurance would cover the damage. Lorraine Lokken, 2819 Nash Road, addressed the Council to ask about the services such as garbage during the construction. Mr. Brink informed Ms. Lokken that all services will still be provided during the construction and that they will be notified if for some reason the companies would not be able to get in and out of the area. David Monson, 6142 Brooklyn Boulevard, addressed the Council regarding the assessments for the project and the access for the Chiropractic Office. Mr. Brink informed Mr. Monson that access will always be available to all locations. Bruce Wilson, 3200 Mumford Road, addressed the Council regarding the schedule of the work, the length of time without water, and the security that will be used for the pond. Mr. Brink informed Mr. Wilson that the schedule will depend on the contractor, that residents will not be without water, there will be a temporary service for one to two weeks, and that there will be a type of landscaping used for the security at the pond. Louise Wichmann, 2813 Nash Road, addressed the Council to ask what could be done about her handicapped husband. Mr. Brink responded that something could be worked out with her for their special needs. Pastor from Jehovah Jirah Church, 6120 Xerxes Avenue North, addressed the Council regarding the assessment process. He wanted to know if in two years when construction will be done again at this property if the property would be assessed twice. Ms. Spector responded that the property will not be double assessed and explained how the assessments will proceed. 02/28/00 -6- f Ron Kronen, 2807 65th Avenue North, addressed the Council regarding his concern about the neighbors not being aware of the options discussed at the last meeting. Councilmember Hilstrom asked if a letter could be sent to the neighbors. Mr. McCauley responded affirmatively that letters could be sent to residents which will discuss the process of how to deal with the stormwater and the expanded parking lot size. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. Mr. Brink informed the Council that there is technology to handle the problems in this area and that the Shingle Creek Watershed is favorable of the options chosen. Even though there is two projects that are tied into this one project, the project will be bid as one project with a bid alternate in the bidding process. RESOLUTION NO. 00 -36 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8b. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 2000 -04, 05, AND 06, 73RD AVENUE, HUMBOLDT AVENUE TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed this proposed project includes roadway, storm drainage, and utility improvements for 73rd Avenue North between Humboldt and Camden. This project has been scheduled for improvements for the year 2000 in accordance with the Capital Improvement Program schedules for the cities of Brooklyn Center and Brooklyn Park. 73rd Avenue serves as a portion of the boundary between both cities and falls under the jurisdiction of both cities. The proposed improvement project is being developed and administered by the City of Brooklyn Center in cooperation with the City of Brooklyn Park. 02/28/00 -7- J A cooperative agreement for the project was previously approved by the respective City Council's of each City. The overall costs would be spilt equally between the two cities, while any utility improvement cost will be paid by the benefitting City. Councilmember Hilstrom inquired why sidewalks are not included in the project. Ms. Spector responded that sidewalks were discussed in the neighborhood meetings but the neighbors wanted the sidewalks on the other side of the street than whichever side they lived on. Some neighbors were concerned about the loss of trees if a sidewalk was installed. Councilmember Hilstrom expressed her concerns about not having sidewalks included in the project. Councilmember Hilstrom left the table at 8:14 p.m. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the 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. 00 -37 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, 73RD AVENUE, HUMBOLDT AVENUE TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmembers Lasman, Nelson, and Peppe. Motion passed unanimously. Councilmember Hilstrom returned to the table at 8:20 p.m. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METRICOM INC. TO ALLOW SITING OF WIRELESS TELECOMMUNICATIONS DEVICES IN CITY RIGHT OF WAY 02/28/00 -8- This item was removed and placed under the Consent Agenda as item 7f. 9b. REPORT FROM JANUARY 6, 2000, CITY COUNCIL WORKSHOP WITH CARL NEU Mr. McCauley requested that the Council receive and accept the report from Carl Neu regarding the City Council Workshop which had been held on January 6, 2000. A motion by Councilmember Lasman, seconded by Councilmember Nelson to receive and accept the report. Motion passed unanimously. 9c. REPORT FROM HOUSING COMMISSION Mr. McCauley iscussed the Housing Commission had reviewed Chapter 12 and met with the City's Y g p ty Prosecutor, Bill Clelland, who outlined a few issues related to junk vehicles, collector cars, and recreational vehicle and trailer storage. The Housing Commission has proposed that they would review these areas for possible recommendations on code changes if the Council were to accept the report and direct the Commission to go forward with the items identified by Mr. Clelland. A motion by Councilmember Nelson, seconded by Councilmember Lasman to accept report and direct the Housing Commission to go forward with review of possible code changes. Motion passed unanimously. 9d. RESOLUTION RESCINDING AUTHORIZATION TO ENGAGE THE SERVICES OF AN ARCHITECT Mr. McCauley requested that the City Council adopt this resolution which would rescind Resolution No. 99 -109. Further review has determined that it would be in the City's best interest to revisit the issue of potential architectural services. RESOLUTION NO. 00 -38 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION RESCINDING AUTHORIZATION TO ENGAGE THE SERVICES OF AN ARCHITECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 02/28/00 -9- 9e. RESOLUTION ADOPTING UPDATED PERSONNEL RULES AND REGULATIONS Mr. McCauley discussed the personnel rules and regulations have been updated and requested that the Council adopt this resolution adopting the updated information. The major substantive change would be to allow retiring employees with 25 years of service to receive the same health insurance benefit at the point where they would have been eligible to have the City provide for single coverage if they had retired on a full pension. RESOLUTION NO. 00 -39 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ADOPTING UPDATED PERSONNEL RULES AND REGULATIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9f. REPORT ON HIGHWAY 100 UPDATE AND RESOLUTION AUTHORIZING PARTICIPATION WITH THE CITY OF ROBBINSDALE IN ENGAGING THE SERVICES OF TKDA ENGINEERS TO PERFORM ENGINEERING AND RELATED ANALYSIS OF PHASE 4 OF THE HIGHWAY 100 PROJECT Mr. McCauley requested the Council adopt this resolution which would authorize participation with the City of Robbinsdale in engaging the services of TKDA Engineers to perform engineering and related analysis of Phase 4 of the Highway 100 project. The City of Robbinsdale solicited and received proposals for engineering services which would be completed in approximately six weeks. The specific request would be for authority to join with the City of Robbinsdale in engaging the services of TKDA Engineers, up to a $10,000 contribution by the City of Brooklyn Center. The $10,000 participation maximum would be funded from local State Aid monies. RESOLUTION NO. 00 -40 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION WITH THE CITY OF ROBBINSDALE IN ENGAGING THE SERVICES OF TKDA ENGINEERS TO PERFORM ENGINEERING AND RELATED ANALYSIS OF PHASE 4 OF THE HIGHWAY 100 PROJECT 02/28/00 -10- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9g. LETTER OF OPPOSITION FOR HOUSE FILE NO. 2372 Mr. McCauley iscussed the League of Minnesota Cities had McCa y e requested that cities contact their g q Congressmen in opposition to House of Representatives File 2372. This Legislation could have the impact of preempting local regulatory control. Every zoning action or inaction could potentially subject cities to federal lawsuits with the associated high costs of litigation. A letter was drafted for the Council to review and approve. A motion by Councilmember Peppe, seconded by Nelson to approve letter and have it forwarded to Congressman Ramstad. Motion passed unanimously. 9h. RESOLUTION APPROVING CHANGE ORDER NO. 1, SHINGLE CREEK REGIONAL POND - MINNEAPOLIS PORTION Mr. McCauley explained that this resolution would approve $244,452.70 relating to additional hauling and excavating of materials. Staff had reviewed the information submitted and found the request to be reasonable and justifiable. The cost of this change order will be charged to the Storm Drainage Utility Fund. RESOLUTION NO. 00 -41 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, SHINGLE CREEK REGIONAL POND - MINNEAPOLIS PORTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the meeting at 8:27 p.m. Motion passed unanimously. Ay4L' City Clerk Mayor 02/28/00 -11-