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HomeMy WebLinkAbout2000 03-27 CCM Regular Session I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY i OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 27, 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 6:51 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson 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 Peppe, seconded by Councilmember Hilstrom to adjourn informal open forum at 6:57 p.m. Motion passed unanimously. 2. FLAG CEREMONY Boy Scout Troop 454 performed the 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 7:02 p.m. 03/27/00 -1- 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Recording Secretary Maria i Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported that he attended the Housing Commission meeting on March 21, 2000, and informed the Council of the discussions that took place at that meeting. Councilmember Lasman reported that she attended the Year 2000 meeting on March 14, 2000, and shared that there will be a class offered at St. Alphonsus Church on purchasing homes. The classes will be held on Mondays during the month of April. If any persons are interested they should call 933 -9639, extension 281. Councilmember Hilstrom reported that the Council had a meeting with the Commission Chairs on March 20, 2000. Mayor Kragness reported that the City of Brooklyn Center is now an official Millennium City and that there will be a Millennium Prayer Breakfast event on April 8, 2000. 6. PRESENTATION City Manager Michael McCauley requested to defer the presentation since Ted Mondale was not present at this time. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES I A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the minutes from the March 13, 2000, study session and regular session. Motion passed unanimously. 03/27/00 -2- 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. MECHANICAL Allied Fireside 2700 Fairview Avenue North, Roseville De1Mar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood Faircon Service 1891 West County Road C, Roseville Fore Mechanical 3520 88th Avenue NE, Blaine Gilbert Mechanical Contractors 4451 West 76th Street, Edina Guyer's Builders Express 13405 15th Avenue North, Plymouth Heights Mechanical Company 615 Southview Boulevard, South St. Paul Metropolitan Mechanical 7340 Washington Avenue South, Eden Prairie Nielsen's Equipment and Design 4301 Quebec Avenue North, New Hope Pierce Refrigeration 1920 2nd Avenue South, Anoka P. R. S. Mechanical, Inc. P. O. Box 68111, Minneapolis Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Sedgwick Heating and Air 8910 Wentworth Avenue South, Minneapolis South -Town Refrigeration 5610 West 36th Street, Minneapolis St. Marie Sheet Metal Inc 7940 Spring Lake Road, Spring Lake Park Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis Swenson Heating and Air 6700 West Broadway, Brooklyn Park Total Comfort 12800 Highway 55, Plymouth RENTAL Renewal: Brookdale Towers Miles Fiterman, Ira Sklader Brookwood Estates Lang Nelson Associates Brookwood Manor Lang Nelson Associates Ewing Square Townhomes Ewing Square Associates Victoria Townhomes The Gaughan Companies 2913 64th Avenue North Joesph and Patricia Simmon 3715 69th Avenue North Gary Olson 1513 Humboldt Place N Kwi -Ha Wong 1549 Humboldt Plave N Kwi -Ha Wong Initial: 6230 Kyle Avenue North Warren McLaughlin 03/27/00 -3- SIGN HANGER Advanced Awning Design 1600 29th Street, Cloquet Arrow Sign Co 13725 Aberdeen Street NE, Ham Lake Lawrence Sign 945 Pierce Butler Route, St. Paul Universal Signs Inc 1033 Thomas Avenue, St. Paul TOBACCO RELATED PRODUCT Tobacco Boulevard, Inc. 6300 Brooklyn Boulevard 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (BINGO/RAFFLE) FROM EARLE BROWN ELEMENTARY PTA FOR AN EVENT TO BE HELD ON APRIL 14, 2000, AT EARLE BROWN ELEMENTARY SCHOOL A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve application for exemption from lawful gambling license for an event to be held on April 14, 2000, at Earle Brown Elementary School. Motion passed unanimously. 7d. RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 2000 YEAR RESOLUTION NO. 2000 -57 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 2000 YEAR The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2000-02 SUBMITTED BY JAY SCHEFFLER AND ADOLPH AND DORIS SMIETANA. REQUEST FOR A VARIANCE TO ALLOW A SUBDIVISION OF LAND BY METES AND BOUNDS DESCRIPTION. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 16, 2000, MEETING. 03/27/00 -4- Mr. McCauley explained the application for a request of a variance to allow a subdivision of land by metes and bounds description submitted by Jay Scheffler and Adolph and Doris Smietana. The Planning Commission recommended approval at its March 16, 2000, meeting subject to the following conditions: 1. That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his /her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application 2000 -02 subject to the above listed conditions. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2000-03 SUBMITTED BY PAN AFRICAN SOCIAL CLUB. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A SOCIAL CLUB AT 1910 57TH AVENUE NORTH (NORTHBROOK SHOPPING CENTER). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 16, 2000, MEETING. Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 2000- 03 submitted by Pan African Social Club request for a special use permit to operate a social club at 1910 57th Avenue North (Northbrook Shopping Center). The applicant, Mr. H. Kwaku Addy, on behalf of the Pan African Social Club, was seeking a special use permit to operate a social club in a 3,300 square foot tenant space in the most easterly building at the Northbrook Shopping Center. The shopping center is zoned C2 (commerce) and is bounded on the east by Logan Avenue North; on the southeast by Acme Typewriter; on the south by 57th Avenue North and the Bill West Service Station; and on the northwest by Highway 100. This proposed social club is being considered to be a special use under the use category of "club rooms and lodges" (Section 35 -322, Subdivision 3j). Mr. Warren informed the Council that the Planning Commission recommended approval of this application at its March 16, 2000, meeting subject to the following conditions: 03/27/00 -5- 1. The Pan African Social Club as presented herein meets the use classification of "club rooms and lodges" under Section 35 -322, Subdivision 3j of the City's Zoning Ordinance. 2. The special use permit is granted for a social club providing educational, counseling, and advisory services as well as social services such as facilities for dining, programs, reunions, wedding receptions, banquets, and the like on a members only basis. The facility is not open the general public. 3. Building plans for tenant remodeling and occupancy of this space are subject to the approval of the Building Official prior to the issuance of permits. 4. The serving of food is subject to health department regulations and licensure. 5. The serving of alcoholic beverages may be done only following the granting of an appropriate license by the City of Brooklyn Center. 6. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. Mr. Addy addressed the Council to inform the Council the purpose of the social club is for educational purposes and explained that the club would be to socially help others with the culture changes from their country. Mayor Kragness asked if there were to be a liquor license in the future what the use would be for. Mr. Addy informed the Council that the liquor license would be for beer and wine and that the events taking place serving alcohol would be on weekends. Councilmember Hilstrom asked how long Mr. Addy has been involved with this social club. Mr. Addy responded that he had been organizing this for over five years. Mayor Kragness thanked Mr. Addy for appearing before the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve Planning Commission Application No. 2000 -03 subject to the above listed conditions. Motion passed unanimously. 03/27/00 -6- 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE YEAR 2000 CELEBRATION ACTIVITIES Mr. McCauley discussed the Brooklyn Center Lions Club had presented the City another generous donation. $3,500 was to be designated for Year 2000 Celebration activities. This resolution would accept the donation and have it coded to the City Initiatives Grant Fund, RESOLUTION NO. 2000 -58 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN F TH CENTER LIONS CLUB IN SUPPORT O E YEAR 2000 CELEBRATION ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9b. 2000 CHEMICAL TOILET CONTRACT Mayor Kragness left the table at 7:25 p.m. due to a potential conflict. Mr. McCauley requested the Council approve entering into an agreement with On Site Sanitation for chemical toilet services. Four RFPs were sent and only Biffs, Inc. and On Site Sanitation submitted proposals which were included in the materials. On Site Sanitation submitted the lowest cost proposal. Councilmember Lasman asked about the services. Mr. McCauley responded that the services are based on a participation usage. A motion by Councilmember Peppe, seconded by Councilmember Lasman for City to enter into an agreement with On Site Sanitation for chemical toilet services. Motion passed unanimously. Mayor Kragness returned to the table at 7:28 p.m. 9c. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT 03/27/00 -7- Mr. McCauley discussed this resolution would authorize the execution of a lease agreement with Hennepin County for election equipment. Hennepin County desires to lease new election equipment to the City and the City desires to lease new election equipment from the County for its use in all City elections. RESOLUTION NO. 2000 -59 Councilmember Hilstrom introduced the following resolution and moved its adoption; RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. PRESENTATION Ted Mondale and Todd Paulson from the Metropolitan Council addressed the Council regarding the Livable Communities Grant and to update the Council on the projects taking place. Mr. Mondale commended Mayor Kragness for applying to serve on the Housing and Land Use Advisory Committee and being appointed before sharing with the Council the grant monies that have been provided for polluted land cleanup. The Met Council has provided 36 million dollars and 7 million dollars of private money had been collected for 82 sites in the Metropolitan area. Mayor Kragness asked for support for a transit hub in Brooklyn Center and shared the concerns the Council has with the issue. Mr. Mondale responded that the Met Council was seeking ongoing bonding authority. Mr. Paulson shared with the Council that at the last transportation meeting a I million dollar approval was approved for a Brookdale transit hub. 9d. RESOLUTION AUTHORIZING TERMINATION OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES Mr. McCauley discussed this resolution would authorize the termination of contract with Bossardt Corporation for construction management services related to the police and fire building projects. Legal counsel had advised that it would be appropriate for the City to terminate its contract with Bossardt Corporation based on a review of the performance of services by Bossardt Corporation. 03/27/00 -8- RESOLUTION NO. 2000 -60 Councilmember Hilstrom introduced the followin g resolution and moved its adoption: RESOLUTION AUTHORIZING TERMINATION OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. RESOLUTION AMENDING THE 1999 GENERAL FUND BUDGET AND AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE PUBLIC EMPLOYEES RETIREMENT FUND Mr. McCauley explained this resolution would adjust the 1999 General Fund Budget to provide for a transfer of $120,000 from the General Fund to the Public Employees Retirement Fund. This fund has been used since 1986 to provide for the payment of the employee single health insurance premium for some retired employees. RESOLUTION NO. 2000 -61 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1999 GENERAL FUND BUDGET AND AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE PUBLIC EMPLOYEES RETIREMENT FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9f. AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWN SHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -2309, 23 -2203, AND 23 -1709 Mr. McCauley discussed the Council recently adopted an ordinance relating to the location of secondhand goods dealers, pawn shops, currency exchanges, tattoo parlors and body piercing establishments, and massage parlors. 03/27/00 -9- This ordinance amendment would amend those sections to clarify the intent of the ordinance to allow pawn shops and secondhand goods dealers to occupy the same premises provided two licenses are issued, but that other listed businesses may not occupy the same premises or be located within 300 feet of each other in the same parcel. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to approve first reading of ordinance and set second reading and public hearing for April 24, 2000. Motion passed unanimously. 9g. MODIFICATION OF APRIL 17, 2000, COMMISSION RECOGNITION Mr. McCauley discussed the Council met with the Commission Chairs on March 20, 2000, and it was the consensus to have the Commission Recognition start at 6:30 p.m. at Constitution Hall. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to modify the April 17, 2000, Commission Recognition from 6:00 p.m. to 6:30 p.m. at Constitution Hall. Motion passed unanimously. 9h. COMMENTS ON SUBURBAN HENNEPIN REGIONAL PARKS: DRAFT FIRST TIER TRAILS, GREENWAYS AND PARKS PLAN Mr. McCauley discussed that staff and the Parks and Recreation Commission reviewed the Suburban Hennepin Regional Parks' draft first tier trails, greenways, and parks plan and asked Public Works Director Diane Spector to outline the comments provided by staff and the Parks and Recreation Commission. Ms. Spector outlined the comments received from staff and the Parks and Recreation Commission on the utility corridor versus 53rd Avenue, middle section of trail, Twin Lake Area: France Avenue versus East Twin Lake Boulevard, and south segment of trail. It was noted that in the discussion of the utility corridor versus 53rd Avenue, the Park and Recreation Commission prefers the 53rd Avenue option, and in the France Avenue versus East Twin Lake Boulevard discussion, the Park and Recreation Commission prefers the France Avenue option. Mr. McCauley asked if the Council was comfortable with staff communicating the comments reviewed to the Suburban Hennepin Regional Parks Districts. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to have staff forward these comments to the Suburban Hennepin Regional Parks District. Motion passed unanimously. 03/27/00 -10- i 9i. MOCK CITY COUNCIL MEETINGS AT BROOKLYN CENTER HIGH SCHOOL Mr. McCauley discussed the Brooklyn Center High School would like to hold Council meeting simulations at the High School on April 17 and April 18, 2000, and wanted to know if any of the Councilmembers would like to participate. It was the consensus that Councilmember Lasman and Councilmember Peppe would participate on April 17, 2000, and Mayor Kragness and Councilmember Hilstrom would participate on April 18, 2000. Mr. McCauley will provide materials to Council on the simulations. 9j. STATUS REPORT ON 2000 CITY COUNCIL GOALS Mr. McCauley reported on the 2000 City Council goals as requested previously by the Council and reviewed the report contained in the Council packet. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to accept report. Motion passed unanimously. 9k. RESOLUTION AWARDING BIDS FOR COOLER AND FLOORING MATERIALS FOR THE NEW BROOKLYN CENTER LIQUOR STORE Mr. McCauley discussed this resolution would award bids for the cooler and flooring materials for the new Brooklyn Center liquor store. RESOLUTION NO. 2000-62 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AWARDING BIDS FOR COOLER AND FLOORING MATERIALS FOR THE NEW BROOKLYN CENTER LIQUOR STORE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 03/27/00 -11- I 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to adjourn the meeting at 8:05 p.m. Motion passed unanimously. _ 7 Ul D�'�in:Q -e.-�✓ City Clerk Mayor 0 03/27/00 -12- i