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Home My WebLink About1998 08-24 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 I REGULAR SESSION AUGUST 24, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. 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 Recording Secretary Maria Carlson. INFORMAL OPEN FORUM Mr. Wayne Paulson, 5330 Colfax Avenue, addressed the Council regarding the regulation of barking dogs. He asked the Council to add an item on the next Council agenda for open discussion. Councilmember Carmody suggested this item be put on the September 14, 1998, Council agenda. Mr. Walt Wenholz, a resident on 69th Avenue, addressed the Council regarding his concern about the parking on 69th Avenue. Mayor Kragness suggested having staff look into this issue. Councilmember Carmody requested a response then be mailed to Mr. Wenholz. Joyce and Roger Patterson, 6938 June Avenue, addressed the Council regarding the 69th and Brooklyn Boulevard Project. Mr. and Mrs. Patterson questioned Mr. Nelson's proposal, why they have not heard anything, and the time line for this project. There are children in the area that will be starting school soon and they would like to know what is going to happen. Councilmember Hilstrom raised the question if the City could get a response from Mr. Nelson, if an answer is not offered soon. 8/24/98 -1- ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION The invocation was offered by Ed Nelson. 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 7:03 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. 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 Recording Secretary Maria Carlson. 5, COUNCIL REPORT Councilmember Peppe reported he attended the Northwest Hennepin Human Services Council Conference. Mayor Kragness reported that she was absent from the July 27, 1998, Council meeting due to surgery and thanked Councilmember Lasman for filling in as Mayor. 6. APPEARANCE -Pat Weitzel Regarding Neighborhood Efforts to Reduce Freeway Noise Pat Weitzel, 4418 66th Avenue North, appeared before the Council to address her concerns about the noise along I- 94/694 on behalf of the neighborhood. The residents who live directly south of I- 94/694, between Brooklyn Boulevard and Noble Avenue North (Orchard East Area) are looking for support to reduce the level of freeway noise. The residents have formed a Core Committee that has been in contact with State Representative Phil Carruthers, who has also been in contact with the Minnesota Department of Transportation (Mn/DOT). 8/24/98 -2- Ms. Weitzel reviewed and discussed the materials included with the Council's agenda packets and informed the Council that she is thankful for the help that she is receiving from State Representative Phil Carruthers and Mn/DOT. She is also reviewed the potential project that Mn/DOT is proposing in 2003 which will include resurfacing the freeway as part of a larger project that is proposed to add a lane of traffic in each direction. Mn/DOT also indicated the project might be advanced to 2000 or 2001. Ms. Weitzel introduced Tom Gleason, 4418 Winchester Lane, who discussed the decibel readings. Mayor Kragness asked who did the actual readings and Mr. Gleason responded Mn/DOT. Councilmember Hilstrom inquired of Ms. Weitzel as to what action Ms. Weitzel would request of the City Council. Ms. Weitzel responded by inquiring what type of support the Council thought it could provide. Mayor Kragness asked if the City could request assistance from the North Metro Mayor's Association in requesting the Transportation Advisory Board to prioritize this project. Mr. McCauley responded that it would be advisable to first have the City Council adopt a resolution of support and then ask the North Metro Mayor's Association to consider adopting a resolution of support for this project. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to direct staff to draft a resolution of support for the Council's consideration at the September 14, 1998 City Council meeting. Motion passed unanimously. 7. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve minutes from the Regular Session on July 27, 1998, the Regular Session on August 10, 1998, and the Work Session on August 17, 1998. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. MECHANICAL SYSTEMS Total Refrigeration Systems, Inc. 221 South Concord Exchange, South St. Paul 8/24/98 -3- RENTAL DWELLINGS Initial: Amy Lewis 5333 Brooklyn Boulevard i Donald Renelt 6744 France Avenue North Renewal: Dennis Hargett 7037 Unity Avenue North Donna Kabanuk 4207 Lakeside Avenue North # 123 Joseph Brauer 6315 Brooklyn Boulevard TLN LA NEL Twin Lake North Apartments Randall Tyson 5137 -39 France Avenue North Richard Dawson 3955 69th Avenue North 7c. APPROVAL OF APPLICATION FOR TEMPORARY BEER LICENSE FROM ST. ALPHONSUS CHURCH ON SEPTEMBER 20,1998 A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve application for a temporary beer license at St. Alphonsus Church on September 20, 1998. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -141 Councilmember Hilstrom 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 Lasman. Motion passed unanimously. 7e. AN ORDINANCE PROVIDING FOR THE SALE OF Mn/DOT TURNBACK PROPERTY ADJACENT TO 65TH AVENUE NORTH A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve first reading of an ordinance providing for the sale of Mn/DOT turnback property adjacent to 65th Avenue North and setting Public Hearing for September 14, 1998. Motion passed unanimously. 7f. AN ORDINANCE VACATING PORTIONS OF NORTH LILAC DRIVE, CAMDEN AVENUE NORTH, AND 65TH AVENUE NORTH 8/24/98 -4- A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve first reading of an ordinance vacating portions of North Lilac Drive, Camden Avenue North, and 65th Avenue North and setting Public Hearing for September 14, 1998. Motion passed unanimously. i 7g. AN ORDINANCE VACATING A PORTION OF A UTILITY AND DRAINAGE EASEMENT IN SUPERAMERICA ADDITION A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve first ordinance d drainage easement in Su reading of an o d Hance vacating a portion of a utility an erAmerica d g p Addition and setting Public Hearing for September 14, 1998. Motion passed unanimously. 7h. AN ORDINANCE PROVIDING FOR THE SALE OF CERTAIN REAL PROPERTY OF THE CITY A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve first reading of an ordinance providing for the sale of certain real property of the City and setting Public Hearing for September 14, 1998. Motion passed unanimously. 7i. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1999-01, 02, AND 03, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 98 -142 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (REGAL THEATER) 8/24/98 -5- Mr. McCauley explained this ordinance is for the proposed Regal Theater and suggested that the Public Hearing be opened for comments and once Public Hearing is closed, table this item until the September 14, 1998, Council meeting due to other parts of the proposal that have not been completed and would be required to be finished before the rezoning. A motion was made by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. Mr. Wayne Paulson, 5330 Colfax Avenue, addressed the Council to discuss that he believes there are enough theaters in the City and would like the City to use this land for industrial purposes or something dealing with the youth in the community. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing and continue this ordinance to the September 14, 1998, Council meeting. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23,1998, AS CONSTITUTION WEEK A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the proclamation declaring the week of September 17 through 23, 1998, as Constitution Week. Motion passed unanimously. 9b. PROCLAMATION DECLARING AUGUST 28 THROUGH 30 TO BE UNITED WAY WEEKEND A motion by Councilmember Lasman, seconded by Council Hilstrom to approve the proclamation declaring the week of August 28 through 30 to be United Way Weekend. Motion passed unanimously. 9c. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR 1999 Mr. McCauley explained that the Metropolitan Council is seeking renewal of the City's participation in the Livable Communities Act for 1999. Councilmember Hilstrom raised the question if there were any benefits with this program last year and discussed that she had some concerns. Councilmember Peppe asked if anything has changed in the program. 8/24/98 -6- Mr. McCauley responded he did not believe anything had changed. The benefits of participation are eligibility to access potential grants, especially for pollution clean-up. RESOLUTION NO. 98 -143 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9d. REPORT ON BUYER RECOURSE ON HOUSING PURCHASE Mr. McCauley explained that City Attorney Charlie LeFevere researched the recourse a buyer has who discovers defects in a home after purchasing in response to the Council's inquiring. Mr. LeFevere explained there are no remedies available to the buyer unless there has been some fraud or concealment of a defect by the seller or by a broker. 9e. EARLE BROWN HERITAGE CENTER CONSTRUCTION UPDATE Mr. McCauley reviewed and discussed the proposed parking lot for the Heritage Center and the construction for the G Barn. Mr. McCauley requested the Council's approval of the proposed layout. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the preliminary plans for the proposed parking lot at the Heritage Center and the construction of the G Barn. Motion passed unanimously. 9f. AWARD BIDS FOR THE POLICE BUILDING Mr. McCauley explained that bids were received for the new Police building, and that there also was a request to reject bids for composite metal panels, hollow metal doors, frames, hardware, aluminum entry and storefronts, and skylights. The primary cost overages in the bids were occasioned by the cost of the bullet proof glass. The architect and construction manager are working with the vendors and design to reduce the anticipated costs when re -bid. The estimated cost of the project appears to be approximately $100,000 to $200,000 over budget. There is sufficient contingency built into the capital improvement budget for this, should the re- bidding put the City at the $100,000 to $200,000 over estimate point. 8/24/98 -7- A motion by Councilmember Carmody, seconded by Councilmember Lasman to award bids for the work on the new Police building with the above listed rejected items. Motion passed unanimsouly. 9g. UPDATE ON 69TH AVENUE Mr. McCauley discussed that Mr. Nelson has advised that he had purchase agreements drafted for all the single family homes on June Avenue, and that as of August 19, 1998, Mr. Nelson was waiting for his attorney to review the agreements. Councilmember Carmody noted there was discussion at the Open Forum regarding a time line because children will be starting school. Mayor Kragness asked for an update. Mr. McCauley responded he will check into this matter. 9h. GROUNDBREAKING OF NEW POLICE AND FIRE STATIONS FOR SEPTEMBER 1, 1998, AT 8:00 A.M. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to start the Groundbreaking Ceremony of the new Police building at 8:00 a.m., and then proceed to the new West Fire Station for a 9:00 a.m. Ceremony. Motion passed unanimously. 9i. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS Mr. McCauley discussed the ordinance amending Chapter 23 relating to the regulation of pawnbrokers and secondhand goods dealers has been revised and separated into two sections. The ordinance repeals the current ordinance relating to pawnbrokers and secondhand goods dealers and adds the two new sections regarding regulations. The Council discussed the changes they would like to see in this ordinance as follows: ► In the secondhand section, consider eliminating the public hearing requirement. ► In the pawnshop section, the issue hours of operation should not be applied. ► In the pawnshop section, the limitation on distance for day care should be listed consistently. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to table this ordinance until the September 14, 1998, Council meeting. Motion passed unanimously. 8/24/98 -8- 9j. UPDATE ON CODE ENFORCEMENT Mr. McCauley explained that 213 re- inspections were conducted between July 22 and August 17, 1998, and that 60 properties were found to be in compliance with City Code and no further action is required. The neighborhood liaison is continuing to respond to calls and is making steady progress. Councilmember Peppe raised the question of what happens when residents are not able to fix up their homes and come into compliance with City Code. Mr. McCauley responded that staff tries to assist residents in obtaining assistance from a variety of potential sources. 9k. RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT OF WAY AGREEMENT WITH HENNEPIN COUNTY FOR IMPROVEMENT PROJECT NO. 1999-04, BROOKLYN BOULEVARD FROM 64TH AVENUE TO 71ST AVENUES Mr. McCauley discussed a proposed right of way agreement with Hennepin County. As has been previously discussed, staff has had concerns that the actual cost for estimated acquisition has not been determined through professional appraisal. The proposed right of way agreement with Hennepin County represents a significant improvement in the cost sharing arrangement for right of way acquisition. The basic split in the document would have the City and County each paying one half the cost of acquiring the necessary right of way. Similarly any excess right of way that was acquired would be sold with the proceeds split evening between the City and Hennepin County. In the prior document, Hennepin County would not have been participating in the right of way acquisition costs on as equitable a basis. Hennepin County has indicated that they cannot go forward with obtaining actual appraisals until after a right of way agreement has been entered into with the City. The dilemma posed is that the City is entering into the agreement prior to a better estimate of acquisition costs. It is suggested that the Council authorize the agreement so that planning can go forward with a provision in the authorization that the clause allowing the City to cancel the agreement be reworked in a fashion satisfactory to the City Manager and City Attorney to provide some level of protection if costs estimates exceed the City's ability to fund the proposed project. RESOLUTION NO. 98-144 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT OF WAY AGREEMENT WITH HENNEPIN COUNTY FOR IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD FROM 64TH AVENUE TO 71 ST AVENUES 8/24/98 -9- i The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the meeting at 8:52 p.m. Motion passed unanimously. I PV� City Clerk Q Mayor I I I i 8/24/98 -10-