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HomeMy WebLinkAbout1999 05-24 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 MAY 24, 1999 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 Myrna Kragness 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 J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. Penny Brown, a resident of Brooklyn Center who lives and owns an apartment building on Azelia Avenue, appeared to discuss her concern about the Joslyn pole yard site project. Ms. Brown shared with the Council a suggestion of having an access before France Avenue through the pole yard site to eliminate traffic through the residential area. Council discussed further and Mr. McCauley reported that the next stage would be the platting of right -of -way. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:51 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 Myrna Kragness at 7:01 p.m. 05/24/99 _ 1 _ 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director 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 Nelson reported that he attended the Housing Commission's City Tour May 18, 1999, and the Northwest Cable Commission meeting on May 20, 1999. Councilmember Lasman reported that she attended the Crime Prevention meeting on May 18, 1999. She shared that there will be a kids' safety camp offered this summer and that anyone interested should contact the Community Center for more information. Mayor Kragness reported that she attended the 1999 spring luncheon for Discover the Center on May 18, 1999, and that the event turned out very nice. Councilmember Peppe reported that he attended the May 13, 1999, Financial Commission meeting and that more Civic Center building options were discussed. 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 study session and regular session on May 10, 1999. Motion passed unanimously. 6b. LICENSES AMUSEMENT DEVICE - OPERATOR Scoreboard Pizza 6816 Humboldt Avenue North AMUSEMENT DEVICE - VENDOR D.V.M. Inc. 296 North Pascal, St. Paul 05/24/99 -2- MECHANICAL SYSTEMS Anderson Heating and Air Conditioning, Inc. 4347 Central Avenue NE, Columbia Heights Blaine Heating, Air Conditioning & Electric, Inc. 13562 Central Avenue NE, Anoka Fore Mechanical, Inc. 3520 - 88th Avenue NE, Blaine P.R.S. Mechanical, Inc. P.O. Box 68111, Minneapolis Residential Heating and Air 1815 East 41st Street, Minneapolis RENTAL DWELLING Initial: Horace Li 5211 Xerxes Avenue North Scott French 5245 -5247 Drew Avenue North Valerie McKessuck 1316 68th Lane North Renewal: David Wagtskjold 6854 West River Road Heidi Amundsen 18924 Chestnut Lane James /Bobbie Simons 4210 Lakebreeze Avenue North Outreach Community Center 507 69th Avenue North TOBACCO RELATED PRODUCT Humboldt Texaco 6840 Humboldt Avenue North 6c. ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCE REGARDING THE MINNESOTA STATE BUILDING CODE A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set June 14, 1999, for public hearing and second reading. Motion passed unanimously. 6d. RESOLUTION DECLARING EARLE BROWN DAYS A CIVIC EVENT FROM JUNE 24,1999, THROUGH JUNE 27,1999 RESOLUTION NO. 99 -81 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS A CIVIC EVENT FROM JUNE 24, 1999, THROUGH JUNE 27, 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION EXTENDING CONTRACT FOR TELEPHONE SYSTEM RELATED TO CONSTRUCTION OF NEW POLICE STATION 1998 -09 05/24/99 -3- RESOLUTION NO. 99 -82 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXTENDING CONTRACT FOR TELEPHONE SYSTEM RELATED TO CONSTRUCTION OF NEW POLICE STATION 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99 -83 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. 6g. RESOLUTION AUTHORIZING THE PURCHASE OF TANDEM DUMP TRUCK ACCESSORIES RESOLUTION NO. 99-84 Councilmember Lasman introduced the following resolution and moved its adoption: i RESOLUTION AUTHORIZING THE PURCHASE OF TANDEM DUMP TRUCK ACCESSORIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6h. RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-25, REPLACEMENT OF SIGNAL LAMPS WITH LEDs RESOLUTION NO. 99 -85 Councilmember Lasman introduced the following resolution and moved its adoption: 05/24/99 -4- RESOLUTION ACCEPTING WORK AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -25, REPLACEMENT OF SIGNAL LAMPS WITH LEDs The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6i. RESOLUTION APPROVING CHANGER ORDER NUMBERS 1, 2, AND 3, IMPROVEMENT PROJECT NO. 1997-10, CONTRACT 1998 -B, SCADA AND INTRAC REPLACEMENT SYSTEMS RESOLUTION NO. 99 -86 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGER ORDER NUMBERS 1, 2, AND 3, IMPROVEMENT PROJECT NO. 1997 -10, CONTRACT 1998 -B, SCADA AND INTRAC REPLACEMENT SYSTEMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PLANNING COMMISSION ITEM 7a. PLANNING COMMISSION APPLICATION NO. 99005 SUBMITTED BY RYAN COMPANIES US, INC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 203,040 SQ. FT. FURNITURE DISTRIBUTION CENTER AS THE FIRST PART OF THE REDEVELOPMENT OF THE OLD JOSLYN POLE YARD SITE (4837 FRANCE AVENUE NORTH). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 13,1999, MEETING. Planning and Zoning Specialist Ron Warren discussed Planning Commission Application No. 99005 submitted by Ryan Companies US, Inc. request for site and building plan approval for a 203,040 square foot furniture distribution center as the first part of the redevelopment of the old Joslyn pole yard site (4837 France Avenue North). The Planning Commission recommended approval of this application at its May 13, 1999, meeting. Mr. Warren briefly outlined the proposal from the applicant and the area map showing the location of the property under construction. The applicant proposes in this phase of the redevelopment to construct a 203,040 square foot furniture distribution center on a 12.24 acre portion of the property. 05/24/99 -5- I This property is listed as a Federal superfund site and has been undergoing a clean up to an industrial standard under a supervised agreement with the Minnesota Pollution Control Agency. The clean up has proceeded to the point where Real Estate Recycling, which is now Twin Lake Business Park, LLC, has reached an agreement to acquire the site as well as adjoining property (Davies Water Company and the off site parking lot for the Highway 100 France Avenue Racquet and Swim Club) and hopes to redevelop the property. All of this property will eventually be incorporated into their redevelopment proposal in various phases. Councilmember Nelson suggested since there had been no public hearing on this issue to open the discussion for public input. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to open discussion for public input. Motion passed unanimously. Charles Nichols, 4812 Lakeview Avenue North, addressed the Council regarding his concern about noise pollution. Marian Cornell, 4801 Twin Lake Avenue North, addressed the Council with her concern about the project site planning and the safety of children in the area. Curt Erickson, 4809 Twin Lake Avenue North, addressed the Council regarding his concern about the families living in the area. Council discussed the property further with Paul Hyde, Real Estate Recycling. Councilmember Hilstrom requested preliminary approval and that staff continue work with Mn/DOT on neighborhood impact issues. Mr. McCauley reminded the Council that the approval tonight was to approve this development with access from Azelia Avenue and that the final layout for phases two and three would be part of the platting process. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to close the discussion of public input. Motion passed unanimously. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve Planning Commission Application No. 99005 subject to the following conditions and to have staff and residents work with Mn/DOT: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 05/24/99 -6- 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signage which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is allowed as access to the fire access road. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The roe owner shall enter into an agreement for maintenance and inspection of p p rty g p utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The applicant shall execute an appropriate easement agreement for the extension of Azelia Avenue and a 120 foot diameter cul -de -sac in a manner approved by the City Engineer with the form and content of the easement agreement being approved by the City Attorney. 15. The plans shall be modified prior to the issuance of permits to provide ten additional coniferous trees along the south green strip /drainage swale to provide appropriate screening from the residential property to the south. 05/24/99 -7- 16. The applicant shall enter into a proof of parking agreement acknowledging a parking requirement of 287 parking spaces and that they will install up to 187 additional parking spaces on the site upon a determination by the City that any or all of these parking spaces are required. Said proof of parking agreement shall be executed and filed with the title to the property prior to the issuance of building permits. 17. There shall be no dead storage of trailers on the site. Said vehicles are to be parked or stored at loading dock areas only. 18. The City shall receive assurance that the proposed plans for development meet the Minnesota Pollution Control Agency's requirements and standards for redevelopment prior to the issuance of building permits for this project. 19. The applicant is responsible for the cost and construction of roadway improvements to Azelia and Lakebreeze Avenues necessitated due to this development. The necessary improvements shall be determined by the City Engineer. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999-14, STREET IMPROVEMENT, EARLE BROWN DRIVE 1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley suggested opening the public hearing for resolution ordering improvements, approving plans and specifications and authorizing advertisement for bids, and resolution certifying special assessments for Improvement Project No. 1999 -14. 05/24/99 -8- A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99 -87 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1999- 14, STREET IMPROVEMENTS, EARLE BROWN DRIVE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 99 -88 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -14, STREET IMPROVEMENTS, EARLE BROWN DRIVE, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8b. PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO. 1999 -10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES, AND PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES 1. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1999 -10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES 05/24/99 -9- 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1999 -10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES, TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley suggested opening the public hearing for resolution ordering improvements, approving plans and specifications and authorizing advertisement for bids; closing the public hearing; and then opening the public hearing for public input and continuing the resolution certifying special assessments for this project per the developer's request. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing for resolution ordering improvements, approving plans and specifications and authorizing advertisement for bids. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 99-89 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1999- 10, STREET AND SIGNAL IMPROVEMENTS, 66TH AND CAMDEN AVENUES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to open the Public Hearing for resolution certifying special assessments for Improvement Project No. 1999 -10, street and signal improvements, 66TH and Camden Avenues, to the Hennepin County tax rolls. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to continue Public Hearing to June 28, 1999. Motion passed unanimously. 05/24/99 -10- 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2000 -2002 Mr. McCauley discussed this resolution would authorize the execution of a joint cooperation agreement between the City of Brooklyn Center and Hennepin County for participation in the Urban Hennepin County Community Development Block Grant Program in FY 2000 -2002. RESOLUTION NO. 99 -90 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2000 -2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9b. PRIVATE AUCTION Mr. McCauley reported the City contracted with Anoka - Fridley Auctions in 1998 and that the City's experience with using private auction services was substantially lower; however the net revenue is fairly close to that which was previously achieved. Auction proceeds for 1996, 1997, and 1998 were discussed from materials prepared by Police Chief Joel Downer. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to accept report. Motion passed unanimously. 9e. RESOLUTION DESIGNATING TARGET NEIGHBORHOOD FOR METROPOLITAN COUNCIL HOUSING REHABILITATION INCENTIVE FUNDS Mr. McCauley discussed the Northwest Housing Resource Center operated by the Greater Minneapolis Metropolitan Housing Corporation and the cities of Brooklyn Center, Crystal, New Hope, and Robbinsdale along with the Camden neighborhood in Minneapolis was awarded funding in the amount of $792,000 for housing improvements and transit survey and marketing. 05/24/99 -11- i The sources of the funding were $300,000 from the Minnesota Housing Finance Agency and $492,000 from the Metropolitan Council. In order to use the Metropolitan Council grant money the City had to designate a target area. Staff recommended the area in the southeast neighborhood from 53rd Avenue North on the south, Shingle Creek on the west, I -94/1 -694 on the north and the Mississippi River on the east. RESOLUTION NO. 99 -91 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING TARGET NEIGHBORHOOD FOR METROPOLITAN COUNCIL HOUSING REHABILITATION INCENTIVE FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9d. RESOLUTION AWARDING CONTRACT FOR DISPATCH EQUIPMENT FOR THE NEW POLICE STATION 1998 -09 Mr. McCauley discussed the rebid for dispatch equipment was on May 13, 1999. One of the bidders had concern with the failure of two of the three other bidders failure to supply notice of intent. The City Attorney discussed there is no impediment to awarding to the low bidder due to failure to notify of intent to bid. The City Attorney's recommendation was to amend the resolution before the Council to add the following: WHEREAS, the instructions to bidders for the purchase of the equipment required that all bidders submit a notice of intent to submit a bid by a stated time and date; and WHEREAS, the ose of such requirement was to enable the City to determine whether PAP q t3' a pre -bid conference would be advisable; and WHEREAS, Orbacom did not submit such a notice to the City; and WHEREAS, the specifications authorize the City Council to waive defects in any proposal and to accept the proposal that appears, in the opinion of the Council, to be most advantageous to the City; and WHEREAS, the Council has determined that the failure to notify the City of intent to bid was not a material defect, did not give any advantage to Orbacom in the bidding process, and did not affect the bidder's price or other essential contract term; and that therefore failure to give the City such notice did not frustrate or contravene the purposes of the public bidding process and should be waived in the interest of the public. 05/24/99 -12- RESOLUTION NO. 99 -92 Councilmember Lasman introduced the following resolution and moved its adoption as amended: RESOLUTION AWARDING CONTRACT FOR DISPATCH EQUIPMENT FOR THE NEW POLICE STATION 1998 -09 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9e. SET DATE AND TIME OF A JOINT MEETING WITH THE FINANCIAL COMMISSION AND THE PARK AND RECREATION COMMISSION Mr. McCauley requested June 7, 1999, 7:00 p.m. in the Council Chambers for a joint meeting with the Financial Commission and the Park and Recreation Commission. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to set June 7, 1999, 7:00 p.m. for a joint meeting with the Financial Commission and the Park and Recreation Commission. Motion passed unanimously. 9f. REPORT ON WATERSHED STUDY OF TWIN LAKE Mr. McCauley reported the Shingle Creek WMO has begun a diagnostic study on the Twin Lakes and their watershed. The intent of the study is to evaluate the sources and magnitudes of pollutants, and to identify possible measures for improving water quality in the lakes. Councilmember Hilstrom asked if lake residents would be notified. Mr. McCauley indicated that within the next few weeks information will be prepared to mail to lakeshore residents. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to accept report. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the meeting at 8:35 p.m. Motion passed unanimously. J*m City Clerk Ma or Pro Tem 05/24/99 -13-