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HomeMy WebLinkAbout1999 02-08 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 FEBRUARY 8, 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 pro tem Robert Peppe at 6:45 p.m. ROLL CALL Mayor pro tern Robert Peppe, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Mayor Myrna Kragness was absent and excused from this evening's meeting. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. INFORMAL OPEN FORUM No one appeared to speak at open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to adjourn informal open forum passed unanimously. Informal open forum adjourned at 6:54 p.m. 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 tem Robert Peppe at 7:00 p.m. FLAG CEREMONY Boy Scout Troop 403 performed a flag ceremony. 2/8/99 -1- PP P "_ 4. ROLL CALL Mayor pro tem Robert Peppe, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Mayor Myrna Kragness was absent and excused from this evening's meeting. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Hilstrom said she attended a conference on innovations and bright ideas for local government on February 3 and 4 and provided copies of conference materials to Council Members. Councilmember Nelson read a letter he received from Representative Phil Carruthers, along with his response letter, regarding the reconstruction of Brooklyn Boulevard. Councilmember Lasman reported she attended the regional human rights meeting on January 28. She also attended the meeting on the Southeast neighborhood improvement project. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested Item No. 6d, Site Performance Guarantee Release, be removed for discussion. City Manager McCauley noted the addition of Item No. 8h, Resolution Approving the Contract for Law Enforcement Labor Services (LELS) and the City of Brooklyn Center for the Calendar Year 1999 and 2000. A motion by Councilmember Hilstrom and seconded by Councilmember Nelson to approve the agenda and consent agenda as amended passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom and seconded by Councilmember Nelson to approve minutes of the January 25, 1999, Regular Session passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom and seconded by Councilmember Nelson to approve the following list of licenses passed unanimously. AMUSEMENT DEVICE - OPERATOR Chi -Chi's 2101 Freeway Boulevard 2/8/99 -2- AMUSEMENT DEVICE - VENDOR Mendota Valley Amusement, Inc. 9177 E. Courthouse Blvd., Inver Grove Heights MECHANICAL SYSTEMS Allied Fireside 2700 North Fairview Avenue, Roseville Carver Heating and Air Conditioning, Inc. 116 Peavey Road, Chaska Horwitz, Inc. 8825 Xylon Avenue North, Brooklyn Park M and D Plumbing & Heating, Inc. 11050 26th Street NE, St. Michael Maple Grove Heating & Air Conditioning, Inc. 401 County Road 81, Osseo P and H Services Company, Inc. 1601 67th Avenue North, Brooklyn Center Pete's Repair, Inc. 8835 Xylon Avenue North, Brooklyn Park Pierce Refrigeration 1920 2nd Avenue South, Anoka Practical Systems, LLC 14226 Norden Drive, Rogers Richmond and Sons, Electrical, Inc. 5182 West Broadway, Crystal Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Rouse Mechanical, Inc. 2916 Nevada Avenue North, New Hope Royalton Heating and Cooling 4120 85th Avenue North, Brooklyn Park Standard Heating and Air Conditioning Company 410 West Lake Street, Minneapolis Swenson Heating and Air Conditioning 670 West Broadway, Brooklyn Park Thermex Corporation 3529 Raleigh Avenue South, St. Louis Park Vogt Heating and Air Conditioning 3260 Gorham Avenue, St. Louis Park Yale Incorporated 9649 Girard Avenue South, Bloomington RENTAL DWELLING Initial: Charles Oribamise 6006 Bryant Avenue North Richard Grothe 3725 47th Avenue North Sally Fischer 5622 Emerson Avenue North Wallace Johnson 6314 Regent Avenue North Renewal: James Simons 6109 -11 -13 Beard Avenue North Miller Management Company Willow Lane Apartments Roland Scherber 4714 Lakeview Avenue North TAXICAB Town Taxi, 4109 7000 57th Avenue North, Crystal 6c. APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM THE METRO CHAPTER OF MINNESOTA WATERFOWL ASSOCIATION TO BE HELD AT MINNEAPOLIS HILTON, 2200 FREEWAY BOULEVARD 2/8/99 -3- A motion by Councilmember Hilstrom and seconded by Councilmember Nelson to approve the application for exemption from lawful gambling license (raffle) from the Metro Chapter of Minnesota Waterfowl Association to be held at Minneapolis Hilton, 2200 Freeway Boulevard passed unanimously. 6d. SITE PERFORMANCE GUARANTEE RELEASE - BROOKLYN CROSSING OFFICE PARK, 3200 -3280 COUNTY ROAD 10 This item was removed from the Consent Agenda and placed as Item No. 8i under Council Consideration Items. 6e. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BROOKLYN CENTER SCHOOL DISTRICT REGARDING IMPROVEMENTS TO FIREHOUSE PARK RESOLUTION NO. 99 -23 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BROOKLYN CENTER SCHOOL DISTRICT REGARDING IMPROVEMENTS TO FIREHOUSE PARK The motion for the adoption of the foregoing resolution was duly seconded by member Nelson and passed unanimously. I 6c. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -09, ELEVATED STORAGE TANK REPAIR TOWER NO. 1, AND AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES RESOLUTION NO. 99 -24 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1999 -09, ELEVATED STORAGE TANK REPAIR —TOWER NO. 1, AND AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Nelson and passed unanimously. 2/8/99 -4- 7. PUBLIC HEARINGS 7a. AN ORDINANCE VACATING A PORTION OF ALLEY RIGHT OF WAY IN LAKEBREEZE ADDITION A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to open the public hearing on An Ordinance Vacating a Portion of Alley Right of Way in Lakebreeze Addition passed unanimously. Mayor pro tem Peppe inquired if anyone was present to speak regarding this ordinance. Penny Brown, 4819 Azelia Avenue North, addressed the Council. She is the owner of the apartment complex, and she expressed appreciation for the vacation of the alley right of way which will allow her to expand and improve the parking lot for the apartment complex. A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to close the public hearing on An Ordinance Vacating a Portion of Alley Right of Way in Lakebreeze Addition passed unanimously. ORDINANCE NO. 99 -07 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF ALLEY RIGHT OF WAY IN LAKEBREEZE ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. 7b. PUBLIC HEARING ON CREATION OF TAX INCREMENT FINANCING DISTRICT FOR JOSLYN SITE City Manager Michael McCauley requested the Council open the public hearing on this item and continue it to the February 22, 1999, meeting. He explained additional information is needed before presenting it in final form for Council approval. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to open the public hearing on Creation of Tax Increment Financing District for Joslyn Site passed unanimously. Mayor pro tern Peppe inquired if anyone wished to address the Council. No one appeared to speak. 2/8/99 -5- A motion by Councilmember Nelson and seconded by Councilmember Hilstrom to continue the public hearing on Creation of Tax Increment Financing District for Joslyn Site to February 22, 1999, passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1999 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS City Manager McCauley explained this resolution calls for a public hearing on March 8, 1999, on proposed use of 1999 Urban Hennepin County Community Development Block Grant (CDBG) Funds. He said alternatives for use of the CDBG funding would be available for review at the public hearing. Councilmember Hilstrom said that Community Action for Suburban Hennepin (CASH) has requested CDBG funding, and noted the City does not utilize CDBG funds for social service programs. There was a motion by Councilmember Nelson and seconded by Councilmember Hilstrom to direct Staff to send a letter to Community Action for Suburban Hennepin (CASH) prior to the CDBG funding public hearing stating the City's policy not to fund social service programs with CDBG funds and to advise that CASH can apply for social service funding through the City budget process. The motion passed unanimously. RESOLUTION NO. 99-25 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1999 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Nelson and passed unanimously. 8b. REPORT ON LEGISLATION REGARDING TRUNK HIGHWAY 252 City Manager McCauley stated that Assistant City Manager Chambers and Director of Public Works Spector met with Senator Scheid and Representative Haas on January 27 to discuss the proposed legislation regarding the closure of 70th Avenue at T.H. 252. Representative Haas has authored a bill to complete the third lane project on T.H. 252. 2/8/99 -6- Mr. McCauley explained the proposal includes closing off the island on T.H. 252 at 70th Avenue and removing the traffic signals, not completely closing off access to 70th Avenue. This raises an issue for persons traveling northbound T.H. 252, as there would be no left turn at 70th Avenue and persons would proceed to 73rd Avenue, thus increasing traffic on 73rd Avenue. Councilmembers discussed issues related to increased traffic in the neighborhoods, concerns regarding increased usage of Humboldt, 73rd, and 66th Avenues, and inquired about conducting a survey of area residents. There was a motion by Councilmember Nelson and seconded by Councilmember Hilstrom to table this item to allow Staff to collect more information and quantify traffic volumes and counts. The motion passed unanimously. 8c. STAFF REPORT RE: TH 100 PROJECT AESTHETIC DESIGN GUIDE City Manager McCauley said Mn/DOT is hosting an Open House regarding the reconstruction of Highway 100 on February 28, 4 to 7 p.m., at Cooper High School in New Hope. Ms. Spector explained she had met with Mn/DOT design staff regarding the Highway 100 improvement project. She said that Mn/DOT is trying to incorporate new design concepts and proposes to preserve the historic character of the existing bridge structures. Mn/DOT is seeking input from affected communities regarding design concepts. Ms. Spector reviewed the design concepts Mn/DOT proposes. Councilmember Hilstrom raised the issue of evergreen trees and interference with the clear view triangle. Ms. Spector explained the evergreens would not be located in the clear view triangle. Councilmember Peppe inquired about the trailway system and plans to tie the trailways together. He also noted it would be beneficial for the Park and Recreation Commission to be notified of the February 18 Open House. Ms. Spector said the trailways would be linked. Councilmember Hilstrom inquired about improvements to Highway 100 north of 50th Avenue. She noted that closing 50th Avenue would bring traffic to Brooklyn Boulevard. Ms. Spector responded that Highway 100 north of 50th Avenue could be incorporated in the Brooklyn Boulevard enhancement project; Mn/DOT needs to evaluate it and possibly add it later as part of a cooperative effort. There was Council consensus on the proposed Mn/DOT design concepts as follows: 1) Replicating the WPA design details on the new structures, such as the art deco pilasters, the relief on the abutments, and the type of ornamental railings. 2) Limestone and/or other natural materials for benches and picnic tables. 2/8/99 -7- 3) Color scheme -- charcoal, bronze, rich brown, and forest green. 4) Landscaping, including introducing evergreen plantings north of Twin Lakes to carry the theme of the Brooklyn Boulevard enhancement project. 5) Continue work on other aspects, including the pedestrian/bicycle trailway. 8d. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, SOUTHEAST AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 99-26 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 199 -01, 02, AND 03, SOUTHEAST AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 8e. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES RELATING TO OPEN BURNING AND THE ADOPTION OF THE UNIFORM FIRE CODE City Manager McCauley explained that this ordinance amendment would update the current code from 1991 to 1997 Uniform Fire Code standards, and it includes recreational fire provisions which would limit the number of outdoor recreational fires to four per month, each with a six -hour maximum burn time. Councilmember Hilstrom raised the issue of barbeque grills on decks. City Attorney Charlie LeFevere responded the ordinance amendment does not change the rules regarding burning on a deck. Councilmember Lasman inquired if a resident could burn four fires consecutively (i.e., four days in a row). Mr. McCauley responded affirmatively, as long as there are no more than four fires per month. Councilmember Peppe raised the issue of enforcement of the recreational burning permit. Mr. McCauley explained it would be enforced by neighbors. Dispatch will have the necessary information regarding the recreational burning permits, including a list of permit holders. 2/8/99 -8- A motion by Councilmember Lasman and seconded by Councilmember Nelson to approve first reading of An Ordinance Amending Chapter 5 of the City Ordinances Relating to Open Burning and the Adoption of the Uniform Fire Code and set public hearing and second reading for March 8, 1999, passed unanimously. 8f. MAYORAL APPOINTMENT TO PLANNING COMMISSION Mayor pro tem Peppe informed Council that Mayor Kragness nominated John Whitehead, 4807 Wingard Place, to the Planning Commission. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to ratify the Mayoral nomination of John Whitehead, 4807 Wingard Place, to the Planning Commission passed unanimously. 8g. RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR POLICE STATION IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING NO. 1998-11 City Manager McCauley explained that this resolution relates to the Police and Fire Station Improvement Project and includes the rebidding on the glass for the Police Station. The new low bid on the glass saves $30,000 over the original low bid and provides for bullet -proof glass as well as insulated glass. RESOLUTION NO. 99 -27 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS, AND AWARDING CONTRACTS FOR POLICE STATION IMPROVEMENT PROJECT NO. 1998 -09, CONSTRUCTION OF NEW WEST FIRE STATION 1998 -10 AND EAST FIRE STATION REMODELING NO. 1998 -11 The motion for the adoption of the foregoing resolution was duly seconded by member Nelson and passed unanimously. 8h. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1999 AND 2000 City Manager McCauley explained that he added this item to tonight's agenda so as not to delay approval of the contract for another two weeks. Today he received by facsimile a confirmation from Law Enforcement Labor Services, Inc., that the members of LELS Local 482 had voted to accept the tentative agreement. 2/8/99 -9- i Mr. McCauley outlined some of the terms and conditions of the tentative agreement which include: 1) Wage rate increase is 3 %, consistent with other employees; 2) Insurance rates are consistent with Local 49 and non -union employees, except Teamsters which is higher. 3) City will pay 50% of the cost of POST license fees for all employees requiring such license. 4) Additional $100 on -call status for detectives; base differential for detectives and school liaison will increase $25 per month in 2000; drug task force differential will increase $100. 5) Educational incentives are based on degree received vs. number of credits. 6) Court time —an employee who is required to appear in court during their off -duty time shall be given 12 hours notification of cancellation of the court appearance. If the notification is not given prior to 12 hours, the employee will receive the two (2) hour court time minimum. RESOLUTION NO. 99 -28 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1999 AND 2000 The motion for the adoption of the foregoing resolution was duly seconded by member Nelson and passed unanimously. 8i. SITE PERFORMANCE GUARANTEE RELEASE - BROOKLYN CROSSING OFFICE PARK, 3200 -3280 COUNTY ROAD 10 Councilmember Nelson inquired about the history of this project area and raised the issue of whether $15,000 is satisfactory to ensure that the work will be complete. Mr. McCauley responded that the original 1986 project had a $68,000 financial guarantee, which was reduced to $30,000 in 1989 following completion of the required site improvements. Since that time the developer has completed most of the site improvements related to the five building office park proposal and has just recently received approval to complete one of the remaining three buildings and has posted a $15,000 financial guarantee to assure the completion of the site improvements around that particular building site. Planning and Zoning Specialist Warren is satisfied the $15,000 financial guarantee is sufficient to assure the completion of the site improvements. A motion by Councilmember Nelson and seconded by Councilmember Hilstrom to release the site performance guarantee for Brooklyn Crossing Office Park, 3200 -3280 County Road 10 passed unanimously. 2/8/99 -10- 9. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to adjourn the meeting at 8:10 p.m. passed unanimously. �5 4 dnl— City Clerk MayoW 2/8/99 -11-