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HomeMy WebLinkAbout2000 06-12 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 JUNE 12 00 2 J 0 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 and was called to order by Mayor Pro Tern Debra Hilstrom at 6:45 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, Community Development Director Brad Hoffman, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Robert McGowan, 6407 Marlin Drive, addressed the Council with concerns relating to the MCTO Park and Ride overflow parking on Marlin Drive. He inquired regarding ticketing procedures and how the Police Department enforces the six -hour time limit. He would like to see no parking allowed on Marlin Drive due to traffic safety concerns with the proximity to the park. He also inquired about the status of the ground up bituminous at Marlin Park. Mayor Pro Tem Hilstrom responded that Staff would look into it and get back to him. Wayne Paulson, 5330 Colfax Avenue North, addressed the Council with concerns relating to the City's dog ordinance, specifically dog barking. He would like to see a system set up whereby the Police Department could remove the barking dog after a certain number of calls out for dog barking complaints. He is working on receiving copies of other city ordinances relating to barking dogs. Jerry and Cathy Weyland, 6400 Marlin Drive, addressed the Council expressing they are in support of Mr. McGowan's comments. They also said that with the cars parking along Marlin Drive, the garbage hauler is unable to pick up the garbage with the automatic truck. Donna Zieska, 5455 Brooklyn Boulevard, addressed the Council regarding a five- bedroom home that had been built to house vulnerable adults. She said this could be a solution to housing children rather than an institution. 06/12/00 -1- ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Peppe to adjourn informal open forum at 6:55 p.m. 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 p.m. 4. 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, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Peppe reported that on June 8 he attended the bus tour for ARM (Association for Rental Managers), visiting seven of the City's apartment complexes and observing the improvements. Councilmember Nelson reported that he attended the May 26 Arbor Day celebration at Garden City School and the June 6 Earle Brown Days Committee meeting. He gave an overview of the events associated with Earle Brown Days. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the agenda and consent agenda passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the minutes as printed from the May 22, 2000, Study Session; and May 22, 2000, Regular Session, passed unanimously. 06/12/00 -2- 6b. LICENSES A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve the following list of licenses passed unanimously. AMUSEMENT DEVICE OPERATOR Americinn Motel 2050 Freeway Blvd. Davanni's 5937 Summit Drive Earle Brown Bowl 6440 James Circle Ground Round 2545 County Road 10 Hilton Minneapolis North 2200 Freeway Blvd. K -Mart 5930 John Martin Drive MCTO 6845 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Ave. N. AMUSEMENT DEVICE VENDOR American Amusement Arcades 2100 W. 96th Street, Bloomington CDL 11071 93rd Ave. N., Maple Grove D.V.M. Inc. dba Dahlco 296 North Pascal, St. Paul Theisen Vending Co. 3800 Nicollet Ave. S., Minneapolis MECHANICAL ELK Mechanical HVAC Inc 6361 Sunfish Lake Court, #100, Ramsey Fisher Bjork Sheet Metal 1441 Iglahart Ave., St. Paul Lakeland North Heating & A/C 16041 Kangaroo Street, Anoka Maintenance Team 5599 W. 78th Street, Edina Northland Mechanical 2900 Nevada Ave. N., New Hope Sabre Heating & A/C 14505 21st Ave. N., #230, Plymouth Thermex Corporation 3529 Raleigh Ave. S., Minneapolis RENTAL Renewal 2816 67th Lane N. Lonnie & Heidi Amundsen 5333 Brooklyn Blvd. Amy Lewis 5235 Drew Ave. N. Jay Nelson Battenberg 5301 Dupont Ave. N. Amy Des Parois 5505 Lyndale Ave. N. Brett Hildreth 5519 Lyndale Ave. N. Brett Hildreth 5328 -30 Queen Ave. N. Michael Haase 5115 Twin Lake Blvd. E. Ruth Cioni Initial 4204 Lake Breeze Ave N Kathy Nguyen 06/12/00 -3- SIGNHANGER Scenic Sign Corporation 828 S. 5th Street, Sauk Rapids 6e. RESOLUTION DECLARING SURPLUS PROPERTY RESOLUTION NO. 2000-103 Councilmember Lasman 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 Nelson. Motion passed unanimously. 6d. RESOLUTION AMENDING THE 2000 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF A CHEVROLET SUBURBAN FOR THE FIRE DEPARTMENT RESOLUTION NO. 2000-104 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2000 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF A CHEVROLET SUBURBAN FOR THE FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 1999 -B, LIFT STATION NOS. 8 & 9 REPLACEMENT RESOLUTION NO. 2000 -105 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1999 - 12, CONTRACT 1999 -13, LIFT STATION NOS. 8 & 9 REPLACEMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 06/12/00 -4- I i 6f. RESOLUTION AUTHORIZING EXECUTION OF A LIMITED USE PERMIT FOR A TRAIL WITHIN STATE RIGHT OF WAY FOR THE BROOKLYN BOULEVARD TRAIL RESOLUTION NO. 2000 -106 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A LIMITED USE PERMIT FOR A TRAIL WITHIN STATE RIGHT OF WAY FOR THE BROOKLYN BOULEVARD TRAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-107 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARING 7a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING COMPREHENSIVE PLANNING Mr. McCauley introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning. He explained that the current ordinance references a resolution number which adopted the previous Comprehensive Plan, and the proposed ordinance amendment would update the City Council resolution number which adopted the current Comprehensive Plan. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning passed unanimously. No one wished to address the Council. 06/12/00 -5- A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning passed unanimously. ORDINANCE NO. 2000-07 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING COMPREHENSIVE PLANNING The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2000-011 SUBMITTED BY THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY REQUESTING TO REZONE FROM R -5 TO C -1 THE PROPERTY AT 6421 BROOKLYN BOULEVARD Mr. McCauley introduced Planning Commission Application No. 2000 -011 submitted by the Brooklyn Center Economic Development Authority requesting to rezone from R -5 to C -1 the property at 6421 Brooklyn Boulevard. He explained that the EDA acquired the property at 6421 Brooklyn Boulevard so that the property could be conveyed and combined with the Brookpark properly to accommodate an expansion of the Brookpark Dental Center. The property is currently zoned R -5 and the dental clinic is zoned C -1. The proposed rezoning is consistent with the long - range recommendations for Brooklyn Boulevard and is consistent with the City's Comprehensive Plan. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000-011 SUBMITTED BY THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA) RESOLUTION NO. 2000-108 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000 -011 SUBMITTED BY THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA) The motion for the adoption of the foregoing resolution was seconded by Councilmember Lasman. 06/12/00 -6- Motion passed unanimously. Sb. PLANNING COMMISSION APPLICATION NO. 2000-012 SUBMITTED BY TALISMAN BROOKDALE, LLC, REQUESTING PRELIMINARY REGISTERED LAND SURVEY APPROVAL TO MODIFY TWO EXISTING TRACTS OF LAND AT BROOKDALE CENTER TO REFLECT BUILDING EXPANSIONS RECENTLY APPROVED FOR THE SHOPPING CENTER Mr. McCauley ntroduced Planning Commission Application No. 2000 -012 submitted b Talisman Y g Pp Y Brookdale, LLC, requesting preliminary registered land survey approval to modify two existing tracts of land at Brookdale Center to reflect building expansions recently approved for the shopping center. Planning and Zoning Specialist Ron Warren explained that Brookdale is made up of a number of parcels or tracts which reflect the ownership interest in Brookdale. The applicant is basically proposing to swap identical areas of land from Talisman-owned property to Mervyn's and to also create a separate tract for an out building. Mr. Warren presented an overview of Brookdale and the tracts. The Planning Commission recommended approval at its May 25, 2000, meeting subject to two conditions. Mr. Warren indicated that representatives from Talisman are present if the Council wished to address questions. He also noted that Mervyn's owner supports this proposal to expedite expansion of Brookdale. There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning Commission Application No. 2000 -012 submitted by Talisman Brookdale, LLC requesting preliminary registered land survey approval to modify two existing tracts of land at Brookdale Center to reflect building expansions recently approved for the shopping center subject to the following conditions: 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 29 YEARS OF DEDICATED PUBLIC SERVICE OF OFFICER DICK FRYER WITH THE CITY OF BROOKLYN CENTER Mr. McCauley explained that this resolution recognizes Mr. Fryer's career at Brooklyn Center where he has served with integrity and earned the respect of his colleagues. Councilmember Lasman read the resolution. 06/12/00 -7- RE SOLUTION NO. 2000 -109 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 29 YEARS OF DEDICATED PUBLIC SERVICE OF OFFICER DICK FRYER WITH THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION THANKING THE BROOKLYN CENTER LIONS FOR THEIR GIFT IN SUPPORT OF ARBOR MONTH Councilmember Peppe read the resolution. RESOLUTION NO. 2000 -110 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION THANKING THE BROOKLYN CENTER LIONS FOR THEIR GIFT IN SUPPORT OF ARBOR MONTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. pp p Y 9c. STAFF REPORT RE: TH 100 SEGMENT 4 DESIGN Mr. McCauley explained that Public Works Director Diane Spector would provide an update to the Council on the current state of the preliminary design of Segment 4 to get feedback on the design component. Public Works Director Diane Spector referred to a plan detailing the design features for the i Project. preliminary final design for Segment 4 of the Highway y 100 � Ms. Spector said the construction of Segment 4 has been officially rescheduled for 2003. The bid letting will be in the fall of 2002. There will be some construction in the winter of 2002, including the France Avenue realignment and Canadian Pacific Railroad. Highway 100 will be three lanes in both directions; it will be two lanes north of France Avenue. A noise wall will be constructed in front of The Beach Condos and Twin Lake Park. A storm water detention pond will be constructed in front of The Beach Condos. Access to Indiana Avenue neighborhood will be removed. France Avenue will be realigned and will go up and over Highway 100 and will include a bicycle /pedestrian trail on the east side of the bridge. The ramps will be metered. The Denny's property will be acquired, as there will 06/12/00 -8- be no ability to get to it. Construction of the France Avenue bridge will be in 2002. This will tie in nicely with the neighborhood street improvement projects which are also scheduled for 2002. The Joslyn site developer has already consented to the realignment, and Mn/DOT has made initial contacts with NSP and with the owners of Murphy Warehouse and made them aware this is being considered. There is no plan to construct a noise wall along the commercial property at 50th Avenue, unless there is consent of the property owners. This is generally due to the fact that the commercial property prefers the visual access along a highway. Ms. Spector explained that the City's costs for this project are being reviewed. There is a sizable watermain crossing which needs to be relocated. There is a sanitary sewer crossing which may have to be relocated depending on bridge construction. The design elements are a cost to the City, including any aesthetic upgrades such as colored concrete, signage, landscaping, and decorative lighting. Councilmember Nelson raised three issues: 1) France Avenue State aid designation; 2) School District 281 bus routes and involvement; and 3) MCTO bus routes. In response to Councilmember Nelson's issues, Ms. Spector indicated that Azelia becomes the State aid road; School District 281 has received the Environmental Impact Statement and all public meeting notices; and MCTO should not have a problem with the realignment. Councilmember Lasman said she would like to know the reaction of the residents and commercial property owners with regard to the noise wall along the commercial property near 50th Avenue. Mr. McCauley indicated that staff could explore this issue first with the commercial property owners so as not to create any expectations for the residents since Mn/DOT will not install a noise wall unless the commercial property owners consent. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to request Staff to explore with commercial property owners in the area of 50th Avenue along Highway 100 their preference for a noise wall. Voting in favor: Mayor Pro Tem Hilstrom and Councilmembers Lasman and Peppe. Voting against: Councilmember Nelson. Motion passed. There was a motion by Councilmember Nelson to table TH 100 Segment 4 design for further citizen input and further study. Council discussed, raising issues of the timeliness and funding of this project. Mr. McCauley said that Mn/DOT has indicated that Mn/DOT is running out of time to maintain the schedule and funding. Ms. Spector said this issue will be brought before the Council for final approval within the next month. All residents and commercial property owners adjacent to the project area have received mailings and the plans are available at their respective City Halls and public libraries for comments and concerns. Mayor Pro Tem Hilstrom stated that the residents have waited a long time for Mn/DOT to consider 06/12/00 -9- Highway 100 reconstruction. It is unacceptable to leave the highway in its current state. The issue e Council for final approval, will come back before the pp , and the residents can come forward with their concerns. The aforementioned motion died for lack of a second. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to report back to Mn/DOT acceptance of the preliminary final design features for TH 100 Segment 4 and to include one additional issue regarding the noise wall along commercial properties which City Staff will further explore. Voting in favor: Mayor Pro Tern Hilstrom and Councilmembers Lasman and Peppe. Voting against: Councilmember Nelson. Motion passed. 9d. RESOLUTION RECOGNIZING PHIL CARRUTHERS AND PROCLAIMING JUNE 22, 2000, AS PHIL CARRUTHERS DAY IN THE CITY OF BROOKLYN CENTER Mr. McCauley explained that Phil Carruthers will serve as Grand Marshal for the Earle Brown Days parade. This resolution recognizes his many efforts for the city, including the Brookdale area water ponding project and the addition of land, a new building, and renovations at the Earle Brown Heritage Center. Mayor Pro Tern Hilstrom read the resolution. RESOLUTION NO. 2000 -111 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING PHIL CARRUTHERS AND PROCLAIMING JUNE 22, 2000, AS PHIL CARRUTHERS DAY IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. CODE ENFORCEMENT REPORT Mr. McCauley reported that the code enforcement sweep of the entire city had been completed, e weeks ahead of schedule. There were 902 properties found to be in violation approximately thre p p , of which 291 have come into compliance. The remaining 611 properties will receive second letters for reinspection. There was a total of 1,391 violations. The success of this code enforcement sweep is attributed to the coordinated efforts of Community Development, Administration, and the Police Department. Housing Inspector Ed Lovelace headed the group, Rebecca Crass from Community Development Department put together the new database system working with LOGIS, and Sergeant Frank Roth coordinated police personnel in an effective and positive manner. The most common violations cited were: accumulation of rubbish/ brush /debris; unlicensed/inoperable vehicles; storage of vehicles; accessory buildings; and foundations /exterior walls /roofs. Mr. McCauley explained that 06/12/00 -10- people have been matched to resources. A number of residents have been referred to Brooklyn Center Cares. CEAP has coordinated a painting project. Two residents have been referred to Paint - A-Thon. Councilmember Peppe commented that the results do show throughout the city. He expressed appreciation to City Staff for their hard work in this effort and also commended residents who have complied with corrections. 9f. RESOLUTION DESIGNATING RECOGNITION OF MARY JANE AND ART GUSTAFSON AND LEONARD LINDQUIST Mr. McCauley said this resolution recognizes Mary Jane and Art Gustafson and Leonard Lindquist for their active participation and involvement in Brooklyn Center. The resolution designates two of the ponds at the City's golf course in their honor. Councilmember Nelson read the resolution. RESOLUTION NO. 2000-112 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING RECOGNITION OF MARY JANE AND ART GUSTAFSON AND LEONARD LINDQUIST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:55 p.m. passed unanimously. ✓l , A/ri,at. City Clerk Maor 06/12/00 -11-