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HomeMy WebLinkAbout1996 02-12 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 12, 1996 CITY HALL CALL TO ORDER 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, and Kristen Mann. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Assistant City Manager/Personnel Coordinator Nancy Gohman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. OPENING CEREMONIES The invocation was offered by Alan Johnson of Berean Evangelical Free Church. A flag ceremony was conducted by Boy Scout Troop 454. COUNCIL REPORT Mayor Kragness displayed a plaque which had been presented to the City for its generous support of the 1996 Heritage Festival. Mayor Kragness reported on her attendance in January at the U.S. Conference of Mayors held in Washington D.C. Approximately 200 mayors from throughout the United States attended. Mayor Kragness stated testimony by City staff on the proposed storm water ponding project for Brookdale in the north Minneapolis area had been done. The bill in the House of Representatives had been passed, and the Senate preliminary hearing on this topic was heard on February 12, 1996. This topic has been referred to the Financial Commission. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the February 12, 1996, agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve minutes of the January 20, 1996 - Special Work Session and January 22, 1996 - Regular Session as printed passed unanimously. 02/12/96 _ 1_ i RESOLUTION NO. 96 -25 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS ALTERNATE TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. APPLICATION FROM ORCHARD LANE PTA FOR AUTHORIZATION TO CONDUCT EXCLUDED BINMO A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the application from Orchard Lane PTA for authorization to conduct excluded bingo passed unanimously. APPLICATION FROM NATIONAL KIDNEY FOUNDATION OF THE UPPER MIDWEST FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the application from National Kidney Foundation of the Upper Midwest for authorization for an exemption from lawful gambling license passed unanimously. RESOLUTION NO. 96 -26 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 AND 1996 GENERAL FUND BUDGETS TO CARRY FORWARD AN APPROPRIATION OF $40,000 FOR THE COMPREHENSIVE PLAN UPDATE IN THE COMMUNITY DEVELOPMENT DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -27 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 EARLE BROWN FARM TAX INCREMENT DISTRICT FUND BUDGET FOR LEGAL FEES The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. CAPITAL OUTLAY RESOLUTIONS RESOLUTION NO. 96 -28 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP BOX 02/12/96 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -29 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1)' /2 TON PICK -UP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96-30 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) SIDEWALK PLOW The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. SITE PERFORMANCE GUARANTEE REDUCTION A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the site performance guarantee reduction of the following businesses passed unanimously: 1. Cracker Barrel - Old County Store, Inc. 1501 James Circle North 2. Comfort Inn Hotel 1600 James Circle North. RESOLUTION NO. 96 -31 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING DESIGNATION OF MUNICIPAL STATE AID STREETS (EARLE BROWN DRIVE FROM JOHN MARTIN DRIVE TO SUMMIT DRIVE) The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following list of licenses passed unanimously: 02/12/96 -3- BOWLING ALLEY Lynbrook Bowl 6357 N. Lilac Drive MECHANICAL SYSTEMS Energy Solution International, Inc. 1385 Mendota Heights Road RENTAL DWELLINGS Initial: James Soderberg Melrose Gates Wendy LaRock 6657 Xerxes Place North Renewal: Howard & Harriet Oien 5801 Brooklyn Boulevard Gary Schultz 4220 Lakeside Avenue North Dakota's Children, Inc. 5449 Lyndale Avenue North Curtis Erickson 4809 Twin Lake Avenue North, Lake Shore Apts. Gary & Danae Morrison 5104 East Twin Lake Boulevard Kim McDonough 4703 68th Avenue North TAXICAB United Cab Services No. 3, 5, 11, 12, 15, 20, 24, 35, 62, and 77 TOBACCO RELATED PRODUCTS Drug Emporium 5900 Shingle Creek Parkway OPEN FORUM No requests were made. PUBLIC HEARING PUBLIC HEARING REGARDING ENVIRONMENTAL ASSESSMENT PREPARED FOR BENNEPIN COUNTY MROVEMENT PROJECT NO. 9322, RECONSTRUCTION OF CR 152 (BROOKLYN BOULEVARD), 65TH AVENUE TO 71 ST AVENUE A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 7:05 p.m. passed unanimously. Tony Heppelmann, a representative of BRW, gave a brief overview of the project. Councilmember Hilstrom inquired as to the acquisition of land in the northwest corner of 69th Avenue and Brooklyn Boulevard. Mr. Heppelmann indicated this acquisition was necessary to widen the roadway. Councilmember Hilstrom inquired as to reconstruction under the I -694 bridge. Mr. Heppelmann explained the bridge would not be reconstructed or upgraded; however, the roadway would include a sidewalk and a trailway. Councilmember Hilstrom questioned the ranking of the road from "F" to "D ". Mr. Heppelmann responded that the rating refers to level of service, and a "D" rating was the standard to achieve in the urban area. 02/12/96 -4- Councilmember Mann asked what were the implications for the car dealerships. Mr. Heppelmann responded they had been discussing this project with the car dealerships and they would gain full access at 68th Avenue with the possibility of reconfiguration. Councilmember Carmody inquired as to the exit ramp which drops down from I -694 northbound and the existing problems. Mr. Heppelmann indicated a double right turn lane onto Brooklyn Boulevard will improve the operation of the off -ramp. Ron Krank, a representative of Pilgrim Cleaners, inquired as to whether the project cost includes acquisition costs. Mr. Heppelmann responded affirmatively; however, the project could exceed the estimated costs. Mr. Krank asked how the project will start and when demolition will begin. Mr. Heppelmann responded that phase one of the project is right -of -way acquisition. Mr. Krank was concerned of his business not being able to vacate its respective building by the time the project construction begins. Mr. Heppelmann explained they would work with property owners and assist with relocation. Mr. Krank noted City staff has been very helpful in working with local business/property owners. Lawrence P. Marofsky, business tenant of 7022 Brooklyn Boulevard, expressed concern with the extent property would be taken and with the potential of permitting U -turns in certain traffic areas. He expressed concern regarding the traffic light at Noble Avenue and associated effects with funneling traffic, especially during high traffic times. He suggested synchronizing the traffic signals, if this was possible. He also expressed concern regarding the increase in noise level and the effects of abatement. Earl Backer, owner of an apartment building located at 7018 Brooklyn Boulevard, expressed concern regarding future decreased distance between the street and apartment building. He explained that he has experienced loss of tenants due to noise level, air quality, and vibration from street traffic. He questioned whether there would be enough room for snow removal with the decrease in distance between the street and the apartment building. He asked how involved the City has in the development plan of the project. The Director of Public Services indicated City input has been considered during the planning process. A motion by Councilmember Carmody and seconded by Councilmember Mann to close the public hearing at 7:47 p.m. passed unanimously. PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF REVENUE BONDS TO FINANCE A MULTIFAMILY RENTAL HOUSING DEVELOPMENT (PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING INC PROJECT) PURSUANT TO MINNESOTA LAW The City Manager recommended additional wording to paragraph 5 of Item 7(b)1. This additional language would clearly indicate that issuance of bonds is contingent upon the execution of the supplemental development agreement. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 7:49 p.m. passed unanimously. 02/12/96 -5- Brett A. Perry, 8525 Edinbrook Crossing, #201 in Brooklyn Park, is legal counsel for Mahendra Nath, a prospective buyer of the property located at 6100 Summit Drive North. He explained he and Mr. Nath were attending tonight's meeting to express opposition of proposed issuance of revenue bonds. He wanted to ensure that Council was aware there are prospective buyers who are ready, willing, and able to proceed with the purchase of said property without requesting City financing. He requested the City not expend its limited authority to issue the bonds when there is a potential buyer, Mr. Nath, who is ready, willing, and able to purchase the property on market terms. He stated market terms should take precedence when a purchase is feasible by someone such as Mr. Nath, adding this type of project is one the City should not be involved. He distributed a packet of information to each Council member providing information regarding Mr. Nath's business qualifications. Mayor Kragness inquired as to the date the letter of intent was sent to the City. Mr. Nath said December 1995. Mahendra Nath, 5775 Wayzata Boulevard, Suite 800, in St. Louis Park, addressed the Council regarding his past and present business investments and respective qualifications pertaining to his ability to purchase and manage the property. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing at 7:58 p.m. passed unanimously. Councilmember Carmody inquired about any time limitations that pertained to issuance of the bonds and whether the item could be held for further consideration. The City Manager responded the time limitations relate to Presbyterian Homes being ready to close. Since the company who holds the title has arranged a transaction to address the City receiving approximately $1.5 million in delinquent taxes owed to the respective TIF district that we would issue the bonds. If an alternate plan of action was designed to purchase said property, time lines of closure on such a transaction and receipt of the delinquent taxes would not be known. Since the City doesn't own the property, its primary interest is to assist in facilitation of an agreement which will expedite receiving of the delinquent tax monies. Councilmember Hilstrom stated she had the opportunity to visit a property run by Presbyterian Homes and believed it was well-run. Councilmember Mann agreed with Mr. Perry that such a transaction should be market driven when at all possible, adding she was not aware when setting the public hearing that there were other buyers from the private sector interested in purchasing the property. Councilmember Mann inquired about any prospective buyer and whether delinquent taxes would be paid upon closure of the transaction. The City Manager responded that prior to the property going into foreclosure, any purchaser of the property would be required to pay the delinquent taxes. Time lines of when such a purchase of the property would transpire were in question, however. 02/12/96 -6- Councilmember Mann added she has done research on Presbyterian Homes and is aware they are very well run. However, in light of the new information presented at the meeting and the fact there are other prospective buyers, she would be unable to support the issuance of bonds. RESOLUTION NO. 96 -32 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF ELDERLY HOUSING REVENUE BONDS, TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, ON BEHALF OF THE PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed as follows: (yes) Councilmembers Hilstrom and Carmody, Mayor Kragness; (no) Councilmember Mann. RESOLUTION NO. 96 -33 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING A SUPPLEMENTAL DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF BROOKLYN CENTER, THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, AND THE PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed as follows: (yes) Councilmembers Hilstrom, Carmody, Mayor Kragness; (no) Councilmember Mann. COUNCIL CONSIDERATION ITEMS MAYORAL APPOINTMENT OF COMMISSIONERS TO SERVE ON HOUSING COMMISSION AND HUMAN RIGHTS AND RESOURCES COMMISSION HOUSING COMMISSION Mayor Kragness announced her nominees for the Housing Commission are Naomi Ische and Rex Newman. Councilmember Carmody noted that Mark Yelich has attempted appointment to the Housing Commission for two years and has reiterated his interest by attending Council meetings and Housing Commission meetings. Councilmember Carmody added she would like to see Mr. Yelich's efforts rewarded via appointment to the Commission. Therefore, she would be voting against Ms. Ische's appointment to the Commission. Mayor Kragness clarified her reasons for nominating Ms. Ische. Councilmember Carmody referred to her previous request of having more in -depth information requested of candidates on respective 02/12/96 -7- applications and added those who attend Commission meetings should be rewarded for their efforts. Mayor Kragness commended Mr. Yelich's efforts and assured Mr. Yelich's application would not go unnoticed and be considered for future appointment. Councilmember Mann stated all applicants were more than qualified. However, said appointment was at the Mayor's discretion and urged Council members to support the Mayor's choice accordingly. Councilmember Mann called for the question. A motion by Councilmember Mann and seconded by CounciImember Hilstrom to approve the mayoral appointment ofNaomi Ische (term to expire on 12/31/96) and Rex Newman (term to expire on 12/31/1996) to serve as commissioners on the Housing Commission passed as follows: (yes) Councilmembers Hilstrom and Mann, Mayor Kragness; (no) Councilmember Carmody. HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Kragness announced her nominees for the Human Rights and Resources Commission are Charles Forrest and Nancy Doucette. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the mayoral appointment of Charles Forrest (term to expire 12/31/98) and Nancy Doucette (term to expire on 12/31/96) to serve as commissioners on the Human Rights and Resources Commission passed unanimously. SET DATE FOR JOINT MEETING WITH HOUSING COMMISSION A motion by Councilmember Carmody and seconded by Councilmember Mann to set the date for a joint meeting with the Housing Commission for Tuesday, February 20, 1996, at 7 p.m. passed unanimously. SET DATE FOR COUNCIL WORK SESSION A motion by Councilmember Carmody and seconded by Councilmember Mann to set the date for a Council Work Session for Tuesday, February 27, 1996, at 7 p.m. passed unanimously. DISCUSSION REGARDING AMENDING STREET LIGHTING POLICY The City Manager informed Council the public services department had been looking at an amendment to the street light policy which would apply to potential mid -block lighting needs. Council was requested to direct City staff accordingly regarding consideration of a mid -block lighting proposal. Councilmember Carmody stated she did not see this as a priority at this time. Councilmember Mann concurred, but believed residents need to be informed that mid -block lighting could be pursued by residents. CounciImember Carmody questioned the difference between desire and policy with respect to the City paying for mid -block lighting. The City Manager stated if the distance is sufficiently long on a given block, the City would cover the cost of mid -block lighting. The Director of Public Services added there have not been a lot of resident input/requests up until this past year. 02/12/96 -8- Councilmember Carmody inquired how and when residents are informed regarding lighting issues. The Director of Public Services stated property owners in the project area are informed either way (yes/no) whether the project was approved which is part of basic information provided to property owners. A motion by Councilmember Carmody and seconded by Councilmember Mann to leave the street lighting policy as is passed unanimously. STAFF REPORT REGARDING PROPOSED SIGNAL SYSTEM AT 69TH AND HUMBOLDT AVENUES NORTH The City Manager informed Council said item has two purposes: 1) inform Council basic information about how the design would be coming for the February 26, 1996, public hearing to not have installation of signal lighting included in the project, but to have underground conduit installed to facilitate future installation of signal lighting; and 2) clarification on how far on Humboldt Avenue residents should be specifically notified of the February, 26, 1996, public hearing. Discussion ensued amongst Council members regarding logistics of areas residents, including children, and previous meeting discussion pertaining to appropriate specific catchment area notification. Councilmember Hilstrom referred to recommended conduit installation without accompanying installation of signal lighting at the current time. She expressed concern that if/when signal lighting would be installed, a public hearing would not be required hindering future feedbacklinput from property owners since conduit would already be in place and would not require any road construction. Councilmember Carmody requested notification sent to property owners include information pertaining to study recommended conduit installation without signal lighting at the current time. Also, if property owners believed differently about having signal lighting installed at the current time, input would be received as well at the public hearing. Councilmember Mann believed residents affected by installed signal lighting would be as far as 73rd Avenue and requested respective notification of residents in this area also. A motion by Councilmember Carmody and seconded by Councilmember Mann directing staff to notify residents living from 65th Avenue to 73rd Avenue of the public hearing, and that signal lighting could be a possibility passed unanimously. RESOLUTION DESIGNATING BOB CAHLANDER PARK Councilmember Hilstrom said it was appropriate to name the park "Bob Cahlander Park & Ride" which would include the park & ride portion of the park. The Director of Public Services clarified the City does not own the park & ride portion of the park; the MCTO does. 02/12/96 -9- RESOLUTION NO. 96 -34 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING BOB CAHLANDER PARK The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. A motion by Councilmember Hiilstrom and seconded by Councilmember Mann directing City staff to draft a letter of inquisition to MCTO about the park & ride portion of the park being designated as "Bob Cahlander Park & Ride" passed unanimously. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING IMPROVEMENT PROJECT NOS. 1994 -03 AND 04 57TH AVENUE HUMBOLDT TO CAMDEN AVENUES NORTH STREET AND STORM DRAINAGE IMPROVEMENTS AND 1996 -06 07 AND 08 LOGAN JAMES AND KNOX AVENUES STREET UTILITY AND STORM DRAINAGE IMPROVEMENTS The City Manager informed Council of the fairly high special assessment amounts which would be associated with storm water drainage associated with complicated installation. CouncUmember Carmody inquired about logistics related to the special assessment amounts. The Director of Public Services discussed possible funding sources, etc. relating to the project. Councilmember Carmody expressed concern about the high amount of projected assessments to property owners. The City Manager acknowledged her concern and indicated that since the stabilization program would most likely not be able to absorb the high costs, redesign of the project or reallocation/averaging of costs would be looked at by the inspector. RESOLUTION NO. 96 -35 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1994 -03 AND 04, 57TH AVENUE, HUMBOLDT TO CAMDEN AVENUES NORTH STREET AND STORM DRAINAGE IMPROVEMENTS AND 1996 -06, 07, AND 08, LOGAN, JAMES, AND KNOX AVENUES STREET UTILITY, AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, AND AUTHORIZING DEVELOPMENT OF A COOPERATIVE AGREEMENT REGARDING IMPROVEMENT PROJECT NO. 1996 -10 53RD AVENUE XERXES TO VINCENT, AND XERXES AVENUE, 49TH TO 53RD Councilmember Carmody requested clarification regarding the exact location of said project. The 02/12/96 -10- Director of Public Services provided information accordingly. RESOLUTION NO. 96 -36 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, AND AUTHORIZING DEVELOPMENT OF A COOPERATIVE AGREEMENT REGARDING RAPROVEMENT PROJECT NO. 1996 -10, 53RD AVENUE, XERXES TO VINCENT, AND XERXES AVENUE, 49TH TO 53RD The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. SELECTION OF BRW AS THE PLANNING CONSULTANT FOR COMPREHENSIVE PLAN UPDATE A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve discussion with BRW to develop a contract for Council consideration passed unanimously. RESOLUTION NO. 96 -37 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. ADJOURNMENT A motion by Councilmember ITilstrom and seconded by Councilmember Mann to adjourn the meeting at 8:34 p.m. passed unanimously. (l City Clerk Mayo Recorded and transcribed by: Connie Beckman 7imeSaver Off Site Secretarial 02/12/96