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HomeMy WebLinkAbout2004 08-23 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 AUGUST 23, 2004 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. 2. INVOCATION A moment of silence was offered for the Invocation. 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 08/23/04 -1- 6. COUNCIL REPORT Councilmember Carmody reported that the Council had a joint meeting with the Financial Commission on August 16, 2004, and that she believes the Council and Financial Commission have a good foundation for the 2005 budget. Councilmember Niesen reported that the Housing Commission will be presenting to the Council their senior housing study results at the September 27, 2004, Council meeting; and that the Housing Commission will want direction from the Council on what the next step would be for senior housing. She informed anyone interested in senior housing to contact City Hall. Mayor Kragness reported the couple that had come before the Council requesting assistance in helping them find a location for the Joy in Learning Academy had found a location in Brooklyn Center and that they are in need of money, a fax machine, and student desks. If anyone would be able to donate any of their needs they are to contact 503 -7524. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda with the August 16, 2004, Joint Work Session with Financial Commission meeting minutes tabled. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the August 9, 2004, study, regular, and work session minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL Commercial Plumbing & Heating, Inc. 24428 Greenway Avenue, Forest Lake RENTAL Renewal: 540163 d Avenue North - John Schwarz 6744 France Avenue North - Donald Renelt 3318 Mumford Road North - Olufemi Olagbajv 5655 Northport Drive - Cindy and Raymond Scherbing 7208 Perry Court North - Vicnent Okonkwo 08/23/04 -2- I Initial• 6706 Bryant Avenue North - Sompong Thammavangla 7236 Emerson Avenue North - Kao Vang 4113 Lakebreeze Avenue North - Dale Grover 5328 and 5330 Queen Avenue North - Chad and Amy Buche 7c. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR GLOBAL HENNEPIN COUNTY PROPERTIES, LLC, 2000 FREEWAY BOULEVARD A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the site performance guarantee reduction for Global Hennepin County Properties, LLC, 2000 Freeway Boulevard. Motion passed unanimously. 7d. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA RESOLUTION NO. 2004 -110 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER FIRE RELIEF ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT COYOTE GRILLE, 2101 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7e. APPROVAL OF ACCEPTING INSURANCE SETTLEMENT AND AUTHORIZING PROPERTY DAMAGE RELEASE OF METRO CONNECTIONS INC. AND ACUITY, A MUTUAL INSURANCE COMPANY, IN REFERENCE OF DAMAGE TO ARCH AT THE EARLE BROWN HERITAGE CENTER A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve accepting insurance settlement and authorizing property damage release of Metro Connections, Inc. and Acuity, a Mutual Insurance Company, in reference of damage to the arch at the Earle Brown Heritage Center. Motion passed unanimously. 08/23/04 -3- 7f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2004 -111 Councilmember Lasman 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 Carmody. Motion passed unanimously. 7g. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2004-01,02,03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004-112 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2004- 01, 02, 03, AND 04, CONTRACT 2004 -A, NORTHPORT AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7h. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15997,15998,15999, AND 16000 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION NO. 2004 -113 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15997,15998,15999, AND 16000 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 08/23/04 -4- 7i. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2004-114 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY Mayor Kragness read the resolution expressing appreciation for the donation of $500 from the Fire Relief Association in support of the Annual Halloween Parry. RESOLUTION NO. 2004-115 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER FIRE RELIEF ASSOCIATION IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion assed unanimously. p 8b. RESOLUTION EXPRESSING APPRECIATION TO MARSHALL FIELD'S FOR THEIR APPROVAL OF A GRANT AWARDING THE BROOKLYN CENTER POLICE DEPARTMENT $2,000 FOR THE PURCHASE OF A SURVEILLANCE CAMERA AND ACCESSORIES Mayor Kragness read the resolution expressing appreciation to Marshall Field's for their approval of a grant awarding the Brooklyn Center Police Department $2,000 for the purchase of a surveillance camera and accessories. 08/23/04 -5- RESOLUTION NO. 2004-116 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION TO MARSHALL FIELD'S FOR THEIR APPROVAL OF A GRANT AWARDING THE BROOKLYN CENTER POLICE DEPARTMENT $2,000 FOR THE PURCHASE OF A SURVEILLANCE CAMERA AND ACCESSORIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. PROCLAMATION DECLARING SEPTEMBER 12-18,2004, TO BE FISCAL AND SUPPORT SERVICES WEEK Mayor Kragness read the Proclamation Declaring September 12 -18, 2004, to be Fiscal and Support Services Week. A motion by Councilmember Lasman, seconded by Councilmember Niesen to adopt Proclamation Declaring September 12 -18, 2004, to be Fiscal and Support Services Week. Motion passed unanimously. 8d. MAYORAL APPOINTMENT TO FINANCIAL COMMISSION Mayor Kragness requested ratification of Earl Simons, 7201 Knox Avenue North, to the Financial Commission with term expiring December 31, 2005. A motion by Councilmember Carmody, seconded by Councilmember Lasman to ratify Mayoral nomination of Earl Simons with term expiring December 31, 2005. Motion passed unanimously. 8e. RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF ROGERS FOR COOPERATIVE PURCHASE OF ATHLETIC FIELD LIGHTING AT GRANDVIEW PARK City Manager Michael McCauley discussed that as part of the construction at Grandview Park staff is requesting that the City enter into a joint powers agreement with the City of Rogers for cooperative purchase of athletic field lighting at Grandview Park. The City of Rogers recently solicited bids from electrical contractors for the installation of athletic field lighting and awarded a two -year electrical contract with Electric Systems of Anoka, Inc. The City of Brooklyn Center participated in a similar joint powers agreement with the City of Rogers in 2001 for the installation of athletic field lighting at Evergreen Park. Councilmember Niesen inquired if there would be an estimated savings for the City with this joint powers agreement. Director of Public Works /City Engineer Todd Blomstrom informed that there would be a savings from the budgeted amount from the 2004 Capital Improvements Fund. 08/23/04 -6- i Councilmember Niesen inquired if this savings would have an impact on the 2005 budget. Mr. McCauley discussed that the savings are in the Capital Improvements Fund and would remain in that fund impacting total funds available for park and general capital needs. RESOLUTION NO. 2004-117 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF ROGERS FOR COOPERATIVE PURCHASE OF ATHLETIC FIELD LIGHTING AT GRANDVIEW PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. K CITY ORDINANCE CHAPTER 35 - FLOOD PLAIN MANAGEMENT 1. INTERIM EMERGENCY ORDINANCE REGARDING DEVELOPMENT IN THE CITY'S FLOODPLAIN AREA ESTABLISHING A MORATORIUM TO ENACT REQUIRED OFFICIAL CONTROLS 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING FLOOD PLAIN MANAGEMENT Mr. McCauley discussed that the interim emergency ordinance relates to the flood plain management changes that will be effective September 2, 2004, and would establish a moratorium on development in flood hazard areas for 60 days. This moratorium would coincide with the effective date for the flood plain management ordinance amendments. If the City were not to adopt the interim emergency ordinance, the City risks suspension from the National Flood Insurance Program. The ordinance amending Chapter 35 of the City Ordinances regarding flood plain management is an amendment that updates the ordinance with the new flood plain maps and flood insurance study. Other than the adoption of the new maps and study, the other changes required are not substantive. Councilmember Niesen inquired if not adopting the emergency ordinance would mean that there q p g g Y could be no construction for two months in the flood plain areas. Mr. McCauley discussed the emergency ordinance prohibits construction in the hazard area of the flood plain (below the 100 year flood plain) for 60 days. Councilmember Niesen questioned if in 60 days the City would be back in the Flood Insurance Management Program. Mr. McCauley responded that the emergency ordinance allows the insurance to stay in effect because the City would not be out of conformance. 08/23/04 -7- Councilmember Niesen informed that she wanted to make sure since she lives on Twin Lake and discussed that she had talked with the Department of Natural Resources (DNR) because she wants to follow up on this personally. She questioned if there was behind the scenes work other than the letters that were sent at the end of March and coming before the Council at this time. Planning and Zoning Specialist Ron Warren discussed that the City had been aware flood plain changes would be needed for the City's flood plain ordinance. There was notice in the City's newspaper indicating that there would be new flood plain maps and those maps have been in the City for over a year, in which people had the opportunity to make comments with respect to the new flood plain maps. When the City received the amendments that were mandatory in late April, early part of May, staff started their review of the changes and made recommendations to the Planning Commission before bringing this to the Council at this time. Mr. Warren discussed that the City is not the only city in this position and there are two options for these cities in this position. The City can let the flood plain ordinance expire and be suspended from the program, or adopt an emergency ordinance which would continue to allow people who are doing refinancing or buying new homes in the flood zone. Councilmember Carmody inquired if structures would have not been built in the flood plain areas if the City had zoning rules. Mr. Warren discussed that the City did not get into the flood protection process until 1977. Homes that were built prior to that time was based on data and homes could have had finished floor elevations below the 100 year flood plain. Councilmember Carmody inquired if a home is damaged does that mean it either cannot be rebuilt or has to be rebuilt without a basement. Mr. Warren discussed substantial damage is one of the things that is defined in some of the new definitions that will be adopted. If it is more than 50 percent destroyed it cannot be rebuilt and if it is rebuilt it would have to be built one foot above the 100 year flood elevation or be flood proofed in a manner that is authorized under the State Building Code. ORDINANCE NO. 2004-17 Councilmember Lasman introduced the following ordinance and moved its adoption: INTERIM EMERGENCY ORDINANCE REGARDING DEVELOPMENT IN THE CITY'S FLOODPLAIN AREA ESTABLISHING A MORATORIUM TO ENACT REQUIRED OFFICIAL CONTROLS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on September 13, 2004. Motion passed unanimously. 08/23/04 -8- 8g. AN ORDINANCE AMENDING SECTION 1 -104 OF THE CITY CODE RELATING TO THE LICENSING OF COMMERCIAL KENNELS; AMENDING SECTIONS 12 -901 AND 12 -903 OF THE CITY CODE RELATING TO THE LICENSING OF RENTAL HOUSING; ADDING SECTION 23- 006.05 TO THE CITY CODE AND AMENDING SECTIONS 23- 610, 23 -661, 23 -1204, AND 23 -2309 OF THE CITY CODE RELATING TO GENERAL LICENSING REGULATIONS AND THE PAYMENT OF PROPERTY TAXES Mr. McCauley discussed that this proposed ordinance amendment would adopt language to require real estate taxes be paid as a condition for approval of certain license types. The current City code requires that real estate taxes be paid prior to the issuance of licenses for liquor, pawnbrokers, secondhand goods dealers, motor vehicle dealerships, and tattoo and body piercing establishments. This ordinance amendment would implement the condition of payment of property taxes for the following licenses: Amusement Devices, Commercial Kennel, Rental Housing, Tobacco Related Products, Bowling Alleys, Public Dancing, Filling Stations, Saunas and Sauna Baths, Massage Parlors, Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, Escort Services, Model Services, Dancing Services, and Hostess Services. Mr. McCauley discussed as part of the review for this amendment, a section was added to repeal Section 23 -1001 through 23 -1008 relating to the licensing of coin - operated and self - service dry cleaning machines. This section is repetitive and is handled through the building permit and inspections ordinances. Councilmember Niesen questioned if Applebee's was the source of this review and requested action. Mr. McCauley discussed in reviewing the Applebee's situation, staff looked at the other licenses; and with respect to rental housing, there are some rental housing licensees that apparently have been chronic in terms of paying for utility bills and that is part of providing rental housing. Councilmember Niesen questioned the process for having utility bills paid on rental properties. Mr. McCauley informed that it is the responsibility of the landlord whether or not the landlord has shifted this cost to tenants. Councilmember Niesen questioned if the renewal time would be the only time that everything needs to be paid. City Attorney Charlie LeFevere discussed that payments have to be current at all times during the license term or the licensee would be subject to suspension or revocation and outlined the process used for suspension and revocations in the case of rental housing. Councilmember Peppe questioned what the checks and balances are to identifying whether a person is renting a home. Mr. McCauley discussed through complaints, discovery by staff during inspections for assessments, or by cross - referencing homestead filings. 08/23/04 -9- A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on September 13, 2004. Motion passed unanimously. 8h. CLOSED SESSION TO DISCUSS LITIGATION REGARDING POTENTIAL APPEAL OF COMMISSIONER'S AWARD IN RIVERBANK STABILIZATION ACTION WITH ATTORNEYS Mr. McCauley suggested that the Council adjourn the Regular meeting to the Economic Development Authority (EDA) meeting, hold the EDA meeting, and then reconvene the Regular meeting for the closed session. 9. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 7:42 p.m. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Carmody to reopen the City Council meeting at 7:47 p.m. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Lasman to convene to Closed Session to discuss litigation regarding potential appeal of commissioners award in the riverbank stabilization action at 7:47 p.m. Motion passed unanimously. The Council reconvened at 8:50 p.m. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 8:51 p.m. Motion passed unanimously. City Clerk a Mayor 08/23/04 -10-