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Home My WebLink About1999 11-08 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 NOVEMBER 8, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in study session at 6:00 p.m., and continued to the informal open forum. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager /HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No on appeared at the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to adjourn informal open forum at 6:58 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 7:02 p.m. 11/08/99 -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/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he along with Mayor Myrna Kragness and Councilmember Lasman attended the Superintendent Summit for Asset Building and that there were more than 120 people. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness noted there were two items added to the consent agenda. Consent agenda item 6e and 6d. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the general work session on October 18, 1999, and the study and regular sessions on October 25, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. MECHANICAL Osseo Stove & Feed, Inc. 115 Central Ave, Osseo Mechanical Solutions, Inc. 541 N Wheeler St, St. Paul NewMech Companies, Inc. 1633 Eustis Street, St. Paul 11/08/99 -2- RENTAL Renewal: 5448 Humboldt Ave N Lorri Kaas 5900 Camden Ave N Patti Zoerb 4702 68th Ave N Jeffrey & Nicole Garvey 4708 -12 Twin Lake Ave Byron & Nancy Mach 5337 -39 Queen Ave N Mike Haase Basswood Apartments Midwest Management (James Lupient) Initial: 857 70th Ave N Michelle Arechiga SIGN HANGER Crosstown Sign, Inc. 10166 Central Ave NE, Minneapolis RESOLUTION APPROVING ISSUANCE OF AN OFF SALE 3.2 MALT LIQUOR LICENSE TO DIAMOND LAKE 1994 L.L.C., DBA/CUB FOODS RESOLUTION NO. 99 -169 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN OFF SALE 3.2 MALT LIQUOR LICENSE TO DIAMOND LAKE 1994 L.L.C., DBA/CUB FOODS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6c. APPROVAL OF MINNESOTA LAWFUL GAMBLING APPLICATIONS 1. APPLICATION TO CONDUCT EXCLUDED BINGO SUBMITTED BY WILLOW LANE PTA FOR AN EVENT TO BE HELD NOVEMBER 19,1999 2. APPLICATION FOR EXEMPT PERMIT TO CONDUCT BINGO SUBMITTED BY EVERGREEN PARK ELEMENTARY SCHOOL FOR AN EVENT TO BE HELD JANUARY 21, 2000 A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application to conduct excluded bingo submitted by Willow Lane PTA for an event to be held November 19, 1999, and an application for exempt permit to conduct bingo submitted by Evergreen Park Elementary School for an event to be held January 21, 2000. Motion passed unanimously. 11/08/99 -3- I 6d. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - BROOKLYN CENTER POLICE STATION RESOLUTION NO. 99-170 Councilmember Nelson introduced the followin g resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - BROOKLYN CENTER POLICE STATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - FIRE STATION WEST RESOLUTION NO. 99 -171 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - FIRE STATION WEST I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7a. RANDOM ACTS OF KINDNESS Mayor Kragness requested to have each nomination letter read. Council Members took turns reading each nomination and Mayor Kragness and Councilmember Peppe then handed out the certificates. Mayor Kragness thanked all for their random acts of kindness. Following is a list of the persons nominated: Jean Schiebel Volunteer in Brooklyn Center Community many years e b Volunteer in START Student and Tutor Are Reading Together) Gloria B d ury ( g g ) Program in Robbinsdale area schools Carol Weber Volunteer in Adult Academic Program in Robbinsdale area schools 11/08/99 -4- Doris Patterson Volunteer in Title I Reading Program in Robbinsdale area schools I Norma Kinghorn Volunteer tutor in Robbinsdale area schools since 1989 Ray Zirkle Retired engineer devoting time to students Don Buckingham Former engineer mentors students Len Lasman Helped a neighbor who had been locked out of her home Unknown Bus Driver Assisted bus rider who was waiting in the cold Brooklyn Center Firefighters For aide and assistance in house fire, thoughtfulness to victims Doug Curtis Brooklyn Center Cares Project volunteer Gary Curtis Brooklyn Center Cares Project volunteer Nancy Curtis Brooklyn Center Cares Project volunteer Tessa Curtis Brooklyn Center Cares Project volunteer Gary Ellis Brooklyn Center Cares Project volunteer Daryl Hansen Brooklyn Center Cares Project volunteer Brooklyn Center Lions Club Providing patio furniture for elderly resident, sponsoring Challenger Baseball Program for handicapped children, building a wheel -chair ramp at home of Brooklyn Center resident, providing eye exams and glasses for low- income Brooklyn Center residents Karen Youngberg Active community member volunteering at Brooklyn Center Family Resource Center, serves on Community Education Advisor Council, and active member of Brooklyn Center Rotary 7b. COUNCILMEMBER NELSON: DISCUSSION REGARDING BUDGET REDUCTIONS IN ROBBINSDALE AREA SCHOOLS City Manager Michael McCauley requested to defer this item until later in the meeting since there was no representative from District 281 present at that time. 11/08/99 -5- 8. PUBLIC HEARING 8a. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES Mr. McCauley discussed there were two parts to this item. The first would be the ordinance amendment to Chapter 3 which is merely a housekeeping item to reflect minor changes. The permit fees reflects a change in the computation of plumbing permit fees. In the past, certain types of plumbing fees were based on a charge per fixture. To be consistent with the computation of all permit fees, plumbing permit fees will be based on 3 percent of the valuation of the work being done for all permits. The second item is a resolution amending the schedule for planning and inspection fees which reflect the following changes: • Plumbing, sewer and water, fire suppression, and mechanical permit fees are listed separately as they are each entered on separate permit application forms with separate fee computation. • A fire suppression plan review fee (65 percent of the base permit fee) has been added for all new commercial construction as provided for in the UBC - Section 107.3. • A minor modification was made to the mechanical permit fees for tank removal or installation. In the past, fees were computed based on a flat fee for each tank. The change reflects a permit fee based on valuation of the work. • A reinspection fee ($47 per hour) has been added when a reinspection is necessary to verify completion of corrections as provided for in the UBC - Section 108.8. 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 Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. Councilmember Hilstrom asked if the City had any storage tanks in the works at this time. Mr. 11/08/99 -6- i McCauley said there is one being dealt with that is beyond the compliance date. ORDINANCE NO. 99 -18 Councilmember Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 99 -172 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. BUILDING PERMITS Mr. McCauley discussed this item was on the agenda per Council's request. The Council had requested information relating to the issuance of building permits, primarily over the City's requirement for a permit when replacing existing windows. Like all other metro area communities, Brooklyn Center had adopted and is subject to the Uniform Building Code (UBC). The UBC applies to all construction, alteration, demolition, repair, and maintenance of any building within Brooklyn Center. By law it is unlawful to undertake any such activity in violation of the UBC standards including failure to obtain a building permit. The intent of the building code is to ensure that buildings are erected, maintained, and utilized in a manner that will minimize the risk of life, health, and public safety. The codes are written to provide reasonable standards regulating the design, construction, quality of materials, location, use and occupancy of all buildings within the City. Mr. McCauley shared with the Council some pictures of properties that were inspected and not compliant with the UBC and asked the Council if they had any questions. There were no questions from the Council. 11/08/99 -7- 9b. RESOLUTION EXPRESSING APPRECIATION OF THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES Councilmember Lasman read the resolution expressing appreciation of the donation from the Brooklyn Center Lion's Club of $400 for the designated use of the annual Halloween party, and $2,000 designated for the annual Holly Sunday activities. RESOLUTION NO. 99 -173 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION OF THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY ON BROOKLYN BOULEVARD AND ON 69TH AVENUE TO HENNEPIN COUNTY FOR HIGHWAY EASEMENTS NECESSARY TO CONSTRUCT IMPROVEMENT PROJECT NO. 1999-04, BROOKLYN BOULEVARD, 65TH AVENUE TO 71ST/NOBLE AVENUES Mr. McCauley discussed this resolution would authorize the conveyance of property on Brooklyn Boulevard and on 69th Avenue to Hennepin County for highway easements necessary to construct Improvement Project No. 1999 -04. This property is necessary for the widening of Brooklyn Boulevard. RESOLUTION NO. 99 -174 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY ON BROOKLYN BOULEVARD AND ON 69TH AVENUE TO HENNEPIN COUNTY FOR HIGHWAY EASEMENTS NECESSARY TO CONSTRUCT IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD, 65TH AVENUE TO 71 ST/NOBLE AVENUES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 11/08/99 -8- I 9d. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN THE BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS Mr. McCauley shared a list of organizations who participated in the 1999 adopt -a -park, adopt -a- trail, and adopt -a- street programs. Parks Arboretum — Girl Scout Troop #1469 Bellvue — Brooklyn Center Lioness Club Bob Cahlander Park — Todd Paulson Family Brooklane — Garden City Elementary Central — Brooklyn Center Rotary Club Evergreen Park — Evergreen Park School & PTO Evergreen Park — Bullfrogs & Butterflies Childcare Firehouse Park — Brooklyn Center Charter Commission Freeway Park — Friends of Freeway Park Garden City Park — Brookpark Dental Center Grandview — Earle Brown Elementary Happy Hollow — Boy Scout Troop #401 Kylawn — Orchard Lane Elementary Lakeside Park & Marlin Park — Park & Recreation Commission Lions Park — Girl Scout Troop 41789 Northport — Cub Scout Pack #299 North Mississippi Regional Park —Cub Scout Pack 401 Orchard Park — Kids On The Move Daycare Palmer Lake East — Cub Scout Pack #454 Palmer Lake West — Palmer Lake Elementary Riverdale — Friends of Riverdale Park Shingle Creek Park N — Children's Residential Services Twin Lake North — Ray Beach Twin Lake Penninsula — Tim Olson Wangstad — Brookdale Chrysler Plymouth Willow Lane — Willow Lane Student Council 11/08/99 -9- I Streets County Road 10 — Brooklyn United Methodist Church Dupont Avenue North — Loonie Weavers Freeway Blvd. East — Barnacle Bill's Steak & Seafood Freeway Blvd. West — Minneapolis North Hilton Shingle Creek Pkwy South — Target, B.C. "Good Neighbors" Summit Drive — Allina Receivable Services West River Road — Riverwood Neighborhood Association Trails Lilac Drive — B.C. Lions Club Palmer Lake Trail — Rise Creative Partnerships Shingle Creek South — Boy Scout Troop 454 Councilmember Nelson requested to have these organizations published in the City Watch. RESOLUTION NO. 99 -175 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN THE BROOKLYN CENTER'S ADOPT - A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. RESOLUTION AUTHORIZING PARTNERSHIP AGREEMENT WITH UNITED STATES CENSUS Mr. McCauley discussed the City had been requested to enter into a partnership agreement with the Kansas City Regional Census Center for the 2000 count. This resolution would authorize Mayor Kragness to enter into a non - binding partnership agreement and issue a proclamation endorsing the Census in complete count efforts. Second, it would authorize the City Manager to have the City of Brooklyn Center participate in activities such as distribution of information regarding the Census in City Watch newsletters, the display of Census 2000 promotional materials, posting of Census jobs, identification of hard to enumerate areas in the community, and seeking ways to publicize the Census count. 11/08/99 -10- RESOLUTION NO. 99 -176 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTNERSHIP AGREEMENT WITH UNITED STATES CENSUS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9f. RESOLUTION ESTABLISHING 2000 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Mr. McCauley discussed this resolution would establish the 2000 street and storm drainage special assessments. Staff recommended the assessments for 2000 be increased to a per unit rate for street reconstruction of $2,180 per parcel and for storm drainage improvements $710 per parcel. The total assessments for 2000 would be $2,890 per parcel, compared to $2,810 in 1999, which is a 2.8 percent increase. RESOLUTION NO. 99 -177 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2000 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9g. RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT CUB FOODS DEVELOPMENT SITE Mr. McCauley reviewed the outline of terms for leasing a store at the Cub Foods development site. The City is responsible for pro rata share of common area maintenance and management costs and real estate taxes on the lease premises. The estimate is $6.19 for common area maintenance and taxes. The Developer is to provide space ready for the City finish and equip which is estimated in the $150,000 to $190,000 range. Funds to finish would ultimately come from the sale of the Humboldt liquor store. The funds would be advanced as a loan. If the school district deal is finalized, that would be the source of the payments on the loan. 11/08/99 -11- RESOLUTION NO. 99 -178 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT CUB FOODS DEVELOPMENT SITE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9h. RESOLUTION SETTING WATER CONNECTION FEE FOR JOSLYN SITE REDEVELOPMENT Mr. McCauley discussed this resolution would set $25,000 as the complete and total connection fee that would be charged for water connections from the Joslyn redevelopment site to the City's water system to be apportioned between three parcels. RESOLUTION NO. 99 -179 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION SETTING WATER CONNECTION FEE FOR JOSLYN SITE REDEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9i. CANCELLATION OF MONDAY, NOVEMBER 15, 1999, WORK SESSION, AND RESCHEDULING TO TUESDAY, NOVEMBER 16, 1999 Mr. McCauley requested cancellation of the Monday, November 15, 1999, work session and rescheduling to Tuesday, November 16, 1999, due to a Council Member having a conflict with November 15, 1999. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to cancel Monday, November 15, 1999, work session and reschedule to Tuesday, November 16, 1999. Motion passed unanimously. 11/08/99 -12- CONTINUATION OF COUNCIL ITEM 7B - DISCUSSION REGARDING BUDGET REDUCTIONS IN ROBBINSDALE AREA SCHOOLS Councilmember Nelson requested to table this item to the November 16, 1999, work session since no representative appeared from the School District 281. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to table item to the November 16, 1999, work session. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adj ourn the meeting at 7:44 p.m. Motion passed unanimously. City Clerk Mayor 0 11/08/99 -13-