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Home My WebLink About1997 10-14 CCM Regular Session III 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 OCTOBER 14, 1997 CITY HALL 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 CAU Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, City Attorney Jim Thomson, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM No one appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn informal open forum at 6:53 p.m. passed unanimously. 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 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 Jane Chambers, Public Services Director Diane Spector, City Attorney Jim Thomson, and Council Secretary LeAnn Larson. INVOCATION Invocation was offered by Sheila Arrington. 10/14/97 -1- COUNCIL REPORTS Councilmember Peppe stated he recently attended a Brooklyn Peacemakers dinner meeting. Councilmember Carmody noted recent attendance at several meetings: an ARM (Association for Rental Management) meeting, a Human Rights and Resources Commission meeting, a League of MN Cities regional meeting, and a Board of Government Innovation and Cooperation meeting. Mayor Kragness noted the ongoing collaborative effort to effect Highway 100 reconstruction in Brooklyn Center. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley requested that Item 7.d. be removed from the consent agenda for discussion. Councilmember Hilstrom requested that Item 7.e. be removed from the consent agenda for discussion. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the August 25, 1997 -- Regular Session; September 8, 1997 -- Regular Session; September 11, 1997 - -Joint Session with Planning Commission; September 22, 1997 -- Special Session; September 22, 1997 -- Regular Session; and September 22, 1997 -- Budget Work Session as printed passed unanimously. APPOINTMENT,OF ELECTION .11 TDOES. TQ 5 , ERVE IN THE NOVEMBER 4. 1997. SPECIAL. ELECTION A motion was made by Councilmember Carmody to approve the list of election judges to serve in the November 4, 1997, Special Election. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION ACCEPTING BIT) AND AWARDING A CONTRACT. IMPROVEMENT, PROJECT NO. 1997 -14. CONTRACT 1997 - -M WATER. UTILITY ENERGY CONSERVATION MEASURES 10/14/97 _� _ I RESOLUTION NO. 97-177 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT. IMPROVEMENT PROJECT NQ. 1997 -09. CONTRACT 1997 -C. 1997 SEALCOATING RESOLUTION NO. 97-178 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -09, CONTRACT 1997 -C, 1997 SEALCOATING The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION DECLA A PUBLIC NUISANCE AND O RDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97 -179 Member Carmody 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 member Lasman and passed unanimously. RESOLUTION AMENDING THE SCHEDTjj E FOR. VARIOUS LICENSE FEES RESOLUTION NO. 97-180 Member Carmody introduced the following resolution and moved its adoption: 10/14/97 _;_ RESOLUTION AMENDING THE SCHEDULE FOR VARIOUS LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Mechanical Svstems Affordable Heating and A/C, Inc. 1069 McKee Street, Eagan Erickson Plumbing, Heating & Cooling 9212 Isanti Street NE, Blaine Fisher -Bjork Sheetmetal Company, Inc. 1441 Iglehart Avenue, St. Paul Midland Heating 6442 Penn Avenue South, Richfield Rental Dwellings Initial: Manuel T. Woods 819 -21 55th Avenue North Renewal: Midwest Management Basswood Apartments George Lucht 5105 Brooklyn Boulevard David Wagtskjold 6845 Willow Lane Sian Hanger Schad -Tracy Signs, Inc. 1610 East Cliff Road, Burnsville Tobacco Related Products Tobacco Leaf 6300 -B Brooklyn Boulevard U. S. Tobacco, Inc. 6914 Brooklvn Boulevard PRESENTATION Mayor Kragness asked Councilmember Lasman to describe the Random Acts of Kindness Program. Councilmember Lasman described the Random Acts of Kindness Program. As part of the Cities Week celebration this year, Brooklyn Center citizens or those individuals working in Brooklyn Center were nominated for recognition of random acts of kindness. All nominations were acknowledged and on display at Brookdale Shopping Center during Cities Week, October 5 -I1, 1997. Councilmember Lasman thanked all who participated in recognizing kind acts done by others and applauded the nominees. Several examples of the 100+ nominations were read. Nominees were given certificates of appreciation. They included: Betty Bailey, Larry Beumer, Jerry Blamey, Don Buckingham, Tony & Page Cardinal, Carol Eggen. Fred Erickson. Allan Farmes, Mike 10/14/97 -4- & Vi Fogel, Ray Frey, Shan Gary, Kathy Gerasch, Jackie Graham, Linda Hadden, Linda Hanka, Jud Haynie, Conly Hill, Marlene Huber, Darlene & Ernie Johnson, Norma Kinghorn, Tom Kouri, Jerry Labate, Terry Lenz, Sue Anne Lindquist, Carole Lonkey, Shelley Lutzke, Marcie Marquardt, John Marszlek, Donald Merritt, Julie Messenbrink, Bruce & Fran Morrow, Betty Muellner, Joyce Nelson, Doris Patterson, Mark Ramm, Alice Ranua, Terry Rawson, Bob Richardson, Vera Roberts, Paul & Rita Rodgers, Ron Rosenow, Delores Schleusner, Fred Schmidt, Tom Shinnick, Shirley Simpson, Carl Stadler, Carol Stauber, James Stumpfa, Charles Stutz, Jim Tade, Les Thurs, Peg & Bill Trebesch, Carol Weber, John & Sylvia Winkelman, and Ray Zirkle. The following school patrol members were recognized with certificates of appreciation: Jacob Alstrup, Jenny Anderson, Michelle Ayers, Sarah Bennek, Amy Bydlon, Jeremy Bydlon, Tosin Cole, Lindsey Cope, Rachell Gaulke, Becky Gengler, Jana Goodwin, Nate Graen, Stacy Hansen, Faye Haywood, Susie Haywood, Danny Heinzmann, Tabin Hinck, Lori Irwin, Jocelyn Kortan, Tony Krueger, Justin Lundin, Maria Nguyeneong, Calen Nimmer, Jenny Ojiaku, Obinna Ojiaku, Vanessa Ortis, Renee Peterson, Ashley Phaneauf, Caitlin Rasmussen, Alison Rice, Emily Robeck, Keisha Robinson, Tiphane Rood, Marie Salland, Katie Schaaf, Stephanie Schroeder, Kristina Schunk, Pam Sellberg, Aleksandra Simonovich, Kaylyn Stanislawski, Brittany Storie, Brad Stock, Jessica Tillman, Cassy Williams, and Tiffany Wirth. The following City employees were recognized with certificates of appreciation: Dave Anderson, Lyle Anderson, John Bentzen, Dave Fisher, Ole Nelson, and Dave Peterson. The Council took a break at 7:18 p.m. to hand out certificates of appreciation to attendees. The Council resumed the meeting at 7:29 p.m. PUBLIC HEARING AN ORDINANCE AMENDING CHAP � FR 6 OF CITY ORDINANCES REGARDING THE ADMINISTRATIVE CODE This item was first read on September 22, 1997, published in the official newspaper, and was offered this evening for a second reading and public hearing. City Manager McCauley explained that this ordinance amendment would enact changes in the department structure of the City's organization. The proposal would organize recreation, buildings and maintenance, and the golf course into one department, separate from the Public Services department in which these activities now take place. In order to proceed with finalizing the re- organization plan and recruitment of a department head for the new department, revision of the City's Administrative Code, Chapter 6, was necessary. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Hilstrom and passed unanimously. 10/14/97 -5- No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO. 97-14 Member Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY ORDINANCES REGARDING THE ADMINISTRATIVE CODE The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. RESOLUTION ESTABLISHING THF, CITy.'S I-F2P .�tTMENTS RESOLUTION NO. 97-181 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS, PROCLAMATION DECLARING OCTOBER AS NATIONAL BREAST CANCER. AWARENESS M ONTH AN— QCT 17,199 AS NATIONAL MAMMOGRAPHY DAY, A motion was made by Councilmember Lasman to declare October as National Breast Cancer Awareness Month and October 17, 1997, as National Mammography Day. The motion was seconded by Councilmember Carmody and passed unanimously. SET DATE AND TIME OF CITY COUNC WORK SESSION A motion was made by Councilmember Carmody to set November 3, 1997, at 7 p.m, City Hall Conference Room B, for a general Council work session. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION RECEIVING AND A,C CUTINr SUMMARY REPORT OF CONCLUSIONS, AND FINDINGS PREPARED BY CARL H. NEU. JR., 10/14/97 -6- City Manager McCauley noted that the Council had met in a facilitated workshop on August 23, 1997, to discuss critical issues facing the City, review and revise 1997 goals, and to establish proposed goals for calendar year 1998. The facilitator, Carl H. Neu, Jr., had prepared a Summary Report of Key Conclusions and Findings. RESOLUTION NQ,, 97 -182 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION RECEIVING AND ACCEPTING SUMMARY REPORT OF CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU, JR. The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ADOPTING GOALS FOR 1998 Councilmember Carmody read a list of the goals for 1998 as established by the Council at the facilitated workshop. Councilmember Hilstrom noted that these goals are not ranked in order of importance. The goals for 1998 are: 1) Develop a plan for providing operating and future capital needs funds for the golf course, liquor stores, and Earle Brown Heritage Center. 2) Review the City's departmental structure with analysis of needs and identification of opportunities for improved service delivery. 3) Establish a contingency option for Council in the event of funding losses. 4) Establish a long -range financial plan for the City (five -year and ten to twenty -year appendix of major future needs and possible approaches for addressing these needs). 5) Implement fire and police plans (either build with bond proceeds or seek betterment of facilities if no bond monies are available). 6) City Council be more active in regional issues affecting the City. 7) Continue work on redevelopment issues with emphasis on: a) Brookdale, b) Brooklyn Boulevard, and c) 53rd Avenue, while being able to respond to other opportunities. 10/14/97 -7- 8) Continue code enforcement with Council review of process and goals with staff to refine the code enforcement effort. 9) Meet with commission chairs to develop updated goals and missions for each of the City's P P g t3' commissions. 10) Develop a plan to address building needs at City Hall /Community Center for handicapped accessibility, roofing, heating, ventilation, air conditioning, removal of police functions, and citizen access and service. 11) Implement those study recommendations adopted by Council for liquor store and Earle Brown Heritage Center. RESOLUTION NO. 97-183 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING GOALS FOR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AN ORDINANCE RE LATING TO REGULATION O F P11BI,IC RIGHT -OF -WAY: ADDING NEW SECTIONS 25 -1000 THRgjICJH 25 -1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES City Manager McCauley explained that this ordinance would regulate the use of the public right -of- way by public and private utilities, including telecommunication providers. This proposed ordinance is based on the model right -of -way ordinance that was jointly developed by the City Engineers Association of Minnesota (CEAM) and the League of Minnesota Cities. In general, the ordinance would: 1) Require that entities desiring to obstruct, excavate, or have equipment in the right -of -way must annually register with the City. Require that all registrants annually submit a one -year plan and a five -year plan for construction and major maintenance. 3) Establish a permit system that provides for two types of permits: an excavation permit, and an obstruction permit. The City may establish fees for these permits, as well as a "disruptive fee' to be imposed in the case of unreasonable delays in excavation, obstruction, repair, or restoration. 10/14/97 -8- 4) Provide the City with the authority to establish restoration standards and penalties should the restoration work not be performed to those standards. 5) Require that entities with equipment in the right -of -way provide the City with mapping data showing the location of its equipment within the public right -of -way. 6) Allow the City to establish specific locations or "corridors" for each type of equipment. 7) Allow some flexibility and discretion in its application so it is not unduly burdensome to residents, small businesses, etc. A motion was made by Councilmember Carmody to approve the first reading of the ordinance and set November 10, 1997, for a public hearing and second reading. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION EXPRESSING APPRECIATION FnR THE GIFT OF THE BYE FAMILY IN MEMORY OF ROBERT BYE Councilmember Hilstrom noted that the Bye family had donated two park benches in memory of Robert Bye. These benches will be located in or near Northport Park. RESOLUTION NO. 97-184 Member Lasman introduced the following esolution and moved its adoption: g P RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BYE FAMILY IN MEMORY OF ROBERT BYE The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION EXPRESSING APPRECI FOR PiM GIFT OF THE LIONS CLUB IN SUPPORT OF THE ANNUAL CHILDREN'S HALLOWEEN PARTY. Councilmember Carmody noted the generous donation of four hundred fifty dollars ($450) from the Lions Club, designated for the October 26 Halloween Party and Swim activity at the Community Center. RESOLUTION NO. 97 -185 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE LIONS CLUB IN 10/14/97 -9- SUPPORT OF THE ANNUAL CHILDREN'S HALLOWEEN PARTY The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ADOPTING SCHEDULE FOR REOUESTS FOR PROPOSALS FOR LEGAL SERVICES City Manager McCauley explained that the City Council had expressed a desire to ensure that legal services would be periodically reviewed and that the proper balance be maintained between costs and quality of services. A schedule has been established to solicit requests for proposals for legal services, with requests for proposals for civil and criminal services being solicited on an alternating four -year basis. The first year for soliciting requests for proposals for criminal law services would be 1997, and the first year for soliciting requests for proposals for civil law services would be 1999. RESOLUTION NO. 97-186 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING SCHEDULE FOR REQUESTS FOR PROPOSALS FOR LEGAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTI BID AND AWA RDING A CONTRACT. IMPROVEMENT PROJECT NO. 1997 -18. CO NTRACT 1997 -0. EM E R ENCY REPLACEMENT OF THE COLD STORAGE BUILDING ROOF City Manager McCauley explained that the Council had approved this emergency roof replacement at its September 22, 1997, meeting. City staff had solicited and received professional cost estimates to replace the roof which would cost approximately $36,000. When the bids were opened, the low bid was $8,400 higher than the cost estimate. RESOLUTION NO. 97-187 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -18, CONTRACT 1997 -0, EMERGENCY REPLACEMENT OF THE COLD STORAGE BUILDING ROOF 10/14/97 -10- The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION APPROVING PRELIMINARY DaTGN. IMPROVEMENT PROJECT NO. 1996 - 16. BROOKLY BOU LEVARD tCSAU1 6 5TH AVENUE TO 71 ST AVENUE Councilmember Hilstrom asked that Mr. McCauley or staff give a brief presentation on the Brooklyn Boulevard project as this will be a major undertaking in the future. Mr. McCauley noted that this resolution was another step in the process of reconstructing Brooklyn Boulevard from 65th Avenue to 71st Avenue/Noble Avenue North. Public Services Director Diane Spector outlined the preliminary design, environmental assessment, and noted right -of -way acquisitions that would potentially be involved. RESOLUTION NO. 97-188 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY DESIGN, IMPROVEMENT PROJECT NO. 1996- 16 BROOKLYN BOULEVARD (CSAH 152), 65TH AVENUE TO 71ST AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. ADJOURN A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:55 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: LeAnn Larson 10/14/97 -11-